Persons affected by the plague may not leave their houses or be deemed

felons and suffer death. This is to avoid further infection. The towns

may tax their inhabitants for the relief of infected persons.

Devising or speaking seditious rumors are penalized by the pillory and

loss of both ears for the first offense; and 200 pounds and six months

imprisonment for the second offense. Slandering the Queen is penalized

by the pillory and loss of one ear, or by [1,333s.] 100 marks and three

months imprisonment, at the choice of the offender. The second offense

is a felony. Printing, writing, or publishing seditious books is a

felony without benefit of clergy. Wishing the Queen dead, prophesying

when she would die, or who would succeed her to the Crown is a felony

without benefit of clergy. Attainders for these felonies shall not work

corruption of the blood [heirs may inherit the property of the felon].

A debtor may not engage in a fraudulent collusion to sell his land and

goods in order to avoid his creditors. This was designed to remedy the

following problem:

A native or denizen merchant in wholesale or retail goods who leaves

the nation to defraud his creditors shall be declared a bankrupt. The

Chancellor may conduct an investigation to ascertain his land, house,

and goods, no matter who may hold them. They shall be appraised and sold

to satisfy his debts.

Lands, tenements, goods and chattels of accountants teller, or receiver

who are in debt may be obtained by court order to satisfy the debt by

garnishing the heir of the debtor after the heir has reached 21 and for

the 8 years next ensuing.

Loan contracts for money lent may not be for more than 200s. for each

2000s. yearly (i.e. 10% interest). All loans of money or forbearing of

money in sales of goods not meeting this requirement shall be punishable

by forfeit of the interest only.

Pawn brokers accepting stolen goods shall forfeit twice their value to

the owner from whom stolen.

When the hue and cry is raised for a robbery in a hundred, and other

hundreds have been negligent, faulty, or defective in pursuit of the

robber, then they must pay half the damages to the person robbed, while

the hundred in which the robbery occurred pays the other half. Robbers

shall be pursued by horse and by foot.

The mother and reputed father of any bastard who has been left to be

kept at the parish where born must pay weekly for the upkeep and relief

of such child, so that the true aged and disabled of the parish get

their relief and to punish the lewd life.

Any innkeeper, victualer, or alehouse keeper who allows drinking by

persons other than those invited by a traveler who accompanies him

during his necessary abode there or other than laborers and

handicraftsmen in towns upon the usual working days for one hour at

dinner time to take their diet in an alehouse or other than laborers and

workmen following their work to any given town to sojourn, lodge, or

victual in any inn, alehouse or victualing house shall forfeit 10s. for

each offense. This is because the use of inns, alehouses, and victualing

houses was intended for relief and lodgings of traveling people and

people not able to provide their own victuals, but not for entertainment

and harboring of lewd and idle people who become drunk.

No butcher may cut any hide or any ox, bull, steer, or cow so that it

is impaired or may kill any calf under five weeks old. No butcher may be

a tanner. No one may be a tanner unless that person has apprenticed as

such for seven years, or is the son or wife of a tanner who has tanned

for four years, or is a son or daughter of a tanner who inherits his

tanhouse. Tanners may not be shoemakers, curriers, butchers, or

leatherworkers. Only tanners may buy raw hides. Only leatherworkers may

buy leather. Only sufficiently strong and substantial leather may be

used for sole-leather. Curriers may not be tanners. Curriers may not

refuse to curry leather. London searchers shall inspect leather, seal

and mark that which is sufficient, and seize any that is insufficiently

tanned, curried, wrought, or used.

The incorporated company of ship masters may erect beacons and marks on

the seashores and hills above, because certain steeples and other marks

used for navigation have fallen down and ships therefore have been lost

in the sea.

There shall be one sheriff per county, because now there are enough

able men to supply one per county.

No one shall bribe an elector to vote for a certain person for fellow,

scholar, or officer of a college, school, or hall or hospital so that

the fittest persons will be elected, though lacking in money or friends,

and learning will therefore be advanced.

No master at a university may lease any land unless 1/3 of it is

retained for raising crops to supply the colleges and halls for food for

their scholars.

Fish, but no meat, may be eaten on Wednesdays so that there will be

more fishermen and mariners and repair of ports. (This was done because

fishing had declined since the dissolution of the monasteries, where

fissh was eaten eveery Friday. Eating fish instead of meat in Lent in

the springtime remained a tradition.)

Every person over 6 years of age shall wear on Sundays a wool knitted

cap made by the cappers, except for maidens, ladies, gentlewomen, noble

persons, and every lord, knight, and gentlemen with 2,667s. of land,

since the practice of not wearing caps has damaged the capping industry.

This employed cappers and poor people they had employed and the decrepit

and lame as carders, spinners, knitters, parters, forsers, thickers,

dressers, dyers, battelers, shearers, pressers, edgers, liners, and

bandmakers.

No man under the degree of knight may wear a hat or cap of velvet. Caps

may not be made of felt, but only knit wool. Only hats may be made of

felt. This is to assist the craft of making wool caps.

No one may make any hat unless he has served as apprentice for at least

seven years. This is to prevent false and deceitful hat- making by

unskillful persons.

No one shall make false linen by stretching it and adding little pieces

of wood, which is so weak that it comes apart after five washings.

Timber shall not be felled to make logs for fires for the making of

iron.

No one may take small fish to feed to dogs and pigs. Only nets with

mesh leaving three inches spaces may be used to catch fish.

Cottage and dwelling houses for workmen or laborers in mineral works,

coal mines, or quarries of stone or slate for the making of brick, tile,

lime, or coals shall be built only within a mile from such works.

Dwelling houses beyond this must be supported by four acres of land to

be continually occupied and manured as long as the dwelling house is

inhabited or else forfeit 40s. per month to the Queen. Cottages and

dwelling houses for sailors or laborers working on ships for the sea

shall be built only within a mile of the sea. A cottage may be built in

a forest or park for a game keeper of the deer. A cottage may be built

for a herdman or shepherd for the keeping of cattle or sheep of the

town. A cottage may be built for a poor, lame, sick, aged, or disabled

person on waste or common land. More families than one may not be placed

in one cottage or dwelling house. (This is a zoning law.)

Any person with land in fee-simple may establish a hospital, abiding

place, or house of correction to have continuance forever as a

corporation for the sustenance and relief of the maimed, poor, or

disabled people as to set the poor to work. The net income shall not

exceed 40,000s. yearly.

No new iron mills or furnaces for making or working of any iron or iron

metal shall be established in the country around London and the owners

of carriages of coals, mines and iron which have impaired or destroyed

the highways shall also carry coal ashes, gravel, or stone to repair

these highways or else make a payment of 2s.6d. for each cart load not

carried.

For repairing of highways, the supervisors may take the rubbish or

smallest stones of any quarry along the road in their precinct.

Persons with 100s. in goods or 40s. in lands shall find two able men in

their parish community to repair the highways yearly.

Landowners of Oxford shall be taxed for the repair of the highway and

bridge there.

The price of barrels shall be set by mayors of the towns where they are

sold.

Rugs shall weigh 44 pounds at least and be 35 yards at least in length

and at most 3/4 yard wide.

No cattle may be put in any enclosed woods that have been growing less

than five years. At the end of five years growth, calves may be put in.

At the end of six years growth, cattle may be put in.

Woods around London shall not be felled to be converted to coals for

iron-works because London needs the wood to make buildings and for

fireplaces.

Every melter and maker of wax from honeycombs shall put his mark on

every piece of his wax to be sold. Wrought wax such as in lights,

staff-torches, red wax or sealing wax, book candles, or searing candles

shall bear its maker's mark. All barrels of honey shall bear the mark of

the honeymaker.

Wool cloth, cotton cloth, flannel cloth, hose-yarn, hats, and caps

shall be dyed black only with dye from the woad plant and not with any

false black dye.

No one shall take or kill any pheasants with nets or devices at

nighttime because such have become scarce.

Pontage [toll for upkeep and repair of bridges] shall be taken at

certain bridges: carts 2d., horse and pack 1d., a flock of sheep 2d.

No bishop may lease land for more than twenty-one years or longer than

the lives of three designated persons.

No bishop may alienate any possession of their sees to the crown. Such

are void.

Watermen transporting people on the Thames River shall have served as

apprentice to a waterman for five years or have been the son of a

waterman. This is to prevent the loss of lives and goods by

inexperienced watermen.

Spices and potions, including pepper, cloves, mace, nutmeg, cinnamon,

ginger, almonds, and dates, which have usually been garbled [cleaned or

sorted by sifting] shall be garbled, cleaned, sorted, and sealed by the

Garbler before sale. This is to prevent mingled, corrupt, and unclean

spices and potions from being sold.

Plasterers shall cease painting because it has intruded upon the

livelihoods of painters who have been apprenticed as such.

Fishermen and their guides may continue to use the coastland for their

fishing activities despite the trespass to landowners.

Since sails for ships in recent years have been made in the realm

instead of imported, none shall make such cloth unless he has been

apprenticed in such or brought up in the trade for seven years. This is

to stop the badness of such cloth.

Tonnage and poundage on goods exported and imported shall be taken to

provide safeguard of the seas for such goods.

All persons must go to the established church on Sundays and holy days.

The penalty was at first forfeiture 12d. along with church punishment,

and later, 20 pounds per month and being bound by two sureties for 200

pounds for good behavior, and if the 20 pounds is not paid, then

forfeiture of all goods to be applied to the amount due and two-thirds

of one's land.

These laws were directed against Catholicism, but were laxly enforced

as long as worship was not open and no one wore priestly clothes:

1) The writing, preaching, or maintaining of any foreign spiritual

jurisdiction shall be punished by forfeiture of goods or, if the goods

are not worth 20 pounds, one year imprisonment, for the first offense;

forfeiture of goods and lands and the King's protection, for the second

offense; and the penalty for high treason for the third offense.

2) Any person leading others to the Romish [Catholic] religion is guilty

of high treason. The penalty for saying mass is [2,667s.] 200 marks and

one year's imprisonment. The penalty for hearing mass is [1,333s.] 100

marks and one year's imprisonment. If one is suspected of being a Jesuit

or priest giving mass, one must answer questions on examination or be

imprisoned.

3) Papists [those who in conscience refused to take the oath of

supremacy of the Crown over the church] must stay in their place of

abode and not go five miles from it, unless licensed to do so for

business, or else forfeit one's goods and profits of land for life. If a

copyholder, land is forfeited to one's lord. But if the goods are not

worth 800s. or the land is not worth at least 267s., the realm must be

abjured. Otherwise, the papist is declared a felon without benefit of

clergy.

4) If a child is sent to a foreign land for Catholic education, he

cannot inherit lands or goods or money, unless he conforms to the

established church on his return. There is also a 100 pound penalty for

the persons who sent him.

- Judicial Procedure -

Trials of noblemen for treason shall be by their peers.

Stewards of leet and baron courts may no longer receive, in their own

names, profits of the court over 12d. since they have vexed subjects

with grievous fines and amercements so that profits of justice have

grown much

Jurors shall be selected from those people who have at least 80s.

annual income instead of 40s. because sheriffs have been taking bribes

by the most able and sufficient freeholders to be spared at home and the

poorer and simpler people, who are least able to discern the causes in

question, and most unable to bear the charges of appearance and

attendance in such cases have been the jurors. Also there had been

inflation.

Defendants sued or informed against upon penal statutes may appear by

attorney so that they may avoid the inconvenience of traveling a long

distance to attend and put to bail.

Not only sheriffs, but their employees who impanel juries or execute

process in the courts shall take an oath of office.

A hundred shall answer for any robbery therein only if there has been

negligence or fault in pursuit of the robber after a hue and cry is made

because the past law has been too harsh and required payment for

offenses from people unable to pay who have done everything reasonable

to catch the robber.

The Star Chamber became the central criminal court after 1560, and

punished perjury, corruption, malfeasance throughout the legal system

such as jury corruption and judicial bribery, rioting, slander, and

libel. Its procedure was inquisitory rather than accusative. It heard

witnesses in camera [not in the presence of the suspected]. Trial was by

systematic interrogation of the suspected on oath, with torture if

necessary in treason cases. Silence could be taken for a confession of

guilt. There was no jury. Queen Elizabeth chose not to sit on this

court. Punishments were imprisonment, fines, the pillory, ear cropping

or tacking, whipping, stigmata on the face, but not death or any

dismemberment except for the ears. (The gentry was exempt from

whipping.)

Because the publication of many books and pamphlets against the

government, especially the church, had led to discontents with the

established church and to the spreading of sects and schisms, the Star

Chamber in 1585 held that the printing trade was to be confined to

London, except for one press at Oxford and one at Cambridge. No book or

pamphlet could be printed unless the text was first seen, examined, and

allowed by the Archbishop of Canterbury or the Bishop of London. Book

publishers in violation were to be imprisoned for six months and banned

from printing; their equipment was to be destroyed. Wardens were

authorized to search wherever "they shall have reasonable cause of

suspicion", and to seize all such books and pamphlets printed. But

printers continued to print unlicensed material.

The Ecclesiastical High Commission [later called the Court of High

Commission or High Court of Ecclesiastical Causes] took over criminal

cases formerly heard by the church courts. It also heard matters of

domestic morals. It was led by bishops and Privy Council members who in

1559 were authorized by a statute of Parliament to keep order within the

church, discipline the clergy, and punish such lay offenses as were

included in the ecclesiastical jurisdiction. Obstinate heresy is still a

capital crime, but practically the bishops have little power of forcing

heretics to stand trial. If anyone maintains papal authority, he

forfeits his goods; on a third conviction, he is a traitor. The

clergyman who adopts a prayer book other that the prescribed one commits

a crime. Excommunication has imprisonment behind it. Elizabeth gave this

court the power to fine and imprison, which the former church courts had

not had. At first, the chief work was depriving papists of their

benefices.

Suits on titles to land were restricted to the common law courts and no

longer to be heard in the Star Chamber, Chancery Court, or in the Court

of Requests (equity for poor people).

The Queen's Privy Council investigated sedition and treason, security

of the regime, major economic offenses, international problems, civil

commotion, officials abusing their positions, and persons perverting the

course of justice. It frequently issued orders to Justices of the Peace,

for instance to investigate riots and crimes, to enforce the statutes

against vagrancy and illegal games, to regulate alehouses, to ensure

that butchers, innkeepers, and victualers did not sell meat on fish

days, and to gather information needed from the counties. The Justices

of the Peace decided misdemeanors such as abduction of heiresses,

illegal entry, petty thievery, damage to crops, fence-breaking,

brawling, personal feuds, drunken pranks, swearing, profanation of the

Sabbath, alehouse nuisances, drunkenness, perjury, and malfeasance by

officials. They held petty and quarter sessions. The Justices of the

Peace had administrative duties in control of vagrancy, upkeep of roads

and bridges, and arbitration of lawsuits referred to them by courts.

They listed the poor in each parish community, assessed rates for their

maintenance, and appointed overseers to administer the welfare system,

deploying surplus funds to provide houses of correction for vagrants.

Raw materials such as wool, flax, hemp, and iron were bought upon which

the able-bodied unemployed could be set to work at the parochial level.

They determined wages in their districts, with no statutory ceiling on

them, for all laborers, weavers, spinsters, workmen and workwomen

working by the day, week, month, or year, or taking any work at any

person's hand. There were about 50 Justices of the Peace per county. All

were unpaid. They performed these duties for the next 200 years.

The Justices of Assize rode on circuit twice a year to enforce the

criminal law and reported their assessment of the work of the Justices

of the Peace back to the Privy Council.

The duty to hear and determine felonies was taken from Justices of the

Peace by 1590. The Justices of Assize did this work. Accused people

could wait for years in gaol before their case was heard. Felonies

included breach of prison, hunting by night with painted faces, taking

horses to Scotland, stealing of hawks' eggs, stealing cattle, highway

robbery, robbing on the sea, robbing houses, letting out of ponds,

cutting of purses, deer-stealing at night, conjuring and witchcraft,

diminution of coin, counterfeiting of coins, and impenitent roguery and

idleness. The penalty was death. Many people were hanged for the felony

of theft over 12d. Some bold men accused of felony refused to plead so

that they could not be tried and found guilty. They died of heavy

weights being placed on their bodies. But then their property could go

to their heirs.

The Court of Queen's Bench and Exchequer indirectly expanded their

jurisdiction to include suits between citizens, formerly heard only the

Court of Common Pleas or Chancery. Chancery interrogated defendants.

Chancery often issued injunctions against suits in the common law

courts. Trial by combat was very rare.

Pleadings had to be in writing and oral testimony was given by sworn

witnesses. Case decisions are in books compiled by various reporters who

sit in on court hearings rather than in year books.

In the common law, trespass has given rise to the offshoot branch of

"ejectment", which becomes the common means of recovering possession of

land, no matter what kind of title the claimant asserts. Trespass on the

case has given rise to the offshoot branch of "trover" [finding

another's goods and converting them to one's own use]. The use of the

action of trover gradually supplants the action of detinue, which

involves compurgation.

In the common law courts, the action of assumpsit for enforcing certain

promises is used more than the action of debt in those cases where there

is a debt based on an agreement. The essential nature of "consideration"

in contract is evolving from the procedural requirements for the action

of assumpsit. Consideration may consist in mutual promises, a precedent

debt, or a detriment incurred by one who has simultaneously received a

promise related to the detrimental action. Consideration must be

something, an act, or forbearance of an act that is of value. For

instance, forbearance to sue a worthless claim is not consideration.

The abstract concept of contract as an agreement between two parties

which is supported by consideration is developing as the number of

various agreements that are court enforceable expands. For instance the

word "consideration" is used in Hayward's Case in 1595 in the Court of

Wards on the construction of a deed. Sir Rowland Hayward was seised in

fee of the Doddington manor and other lands and tenements, whereof part

was in demesne, part in lease for years with rents reserved, and part in

copyhold, by indenture, "in consideration of a certain sum of money"

paid to him by Richard Warren and others, to whom he demised, granted,

bargained and sold the said manor, lands and tenements, and the

reversions and remainders of them, with all the rents reserved upon any

demise, to have and to hold to them and their assigns, presently after

the decease of Sir Rowland, for the term of 17 years. It was held that

the grantees could elect to take by bargain and sale or by demise, each

of which had different consequences.

In another case, A delivered 400s. to B to the use of C, a woman, to be

delivered to her on the day of her marriage. Before this day, A

countermanded it, and called home the money. It was held in the Chancery

Court that C could not recover because "there is no consideration why

she should have it".

In a case concerning a deed, A sold land to B for 400s., with

confidence, that it would be to the use of A. This bargain "hath a

consideration in itself ... and such a consideration is an indenture of

bargain and sale". It was held that the transaction was not examinable

except for fraud and that A was therefore estopped.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 40 / 67 段