Executors and administrators of estates of deceased persons must pay

the debts of the deceased person rather than waste or convert the goods

and chattels to their own use. Creditors may recover their debts from

heirs or devisees of the will of a debtor.

Men gone beyond the sea who could not be accounted for were deemed dead

after seven years, so their life estates could be terminated.

Whereas lawful games are not to be used as constant callings for a

livelihood, and young people are deceived and debauched and their money

taken, anyone "winning" money by deceitful or fraudulent gambling shall

forfeit three times his "winnings".

The making or selling of fireworks is forbidden or else forfeit 5

pounds. Firing or throwing such from one's house onto or across the

street is a common nuisance with a penalty of 20s. This is to avoid the

loss of life and of eyes.

No more than 20 people may petition the king nor more than 10 people

may assemble to present a petition to the king, because more has been

tumultuous and disorderly.

Anyone may without fee set up a hemp business including breaking,

hatchelling [separating the coarse part and broken pieces of the stalk

from the fine, fibrous parts by drawing the material through long iron

teeth set in a board], and dressing it; or a flax business, including

making and whitening thread, spinning, weaving, making, whitening, or

bleaching hemp or flax cloth; making twine or nets for fishing or

treating cordage for tapestry or hangings, because the daily importation

of such has in effect taken the work from the poor and unemployed of

England.

No sheep, wool, woolfells, shearlings, yarn, fuller's earth, or fulling

clay may be exported as has secretly been done, so that the poor of the

realm may have work.

Fishermen may sell their fish to others than Fishmongers at

Billingsgate fish market because the Fishmongers have forestalled the

market and set their own prices. The buyers of such fish may resell them

in any other London market by retail, except than only Fishmongers may

sell in shops or houses.

No tanned or untanned skin or hide of any ox, steer, bull, cow, or calf

may be exported because the price of leather has risen excessively and

leather workers can't get enough raw material to carry on their trade

and because poor people cannot afford leather items they need.

The newly incorporated Company of Silk Throwers (drew the silk off the

cocoon) employs many of the poor, but others practice the trade, so an

apprenticeship of seven years is required to practice the trade in the

realm. Winders or doublers who purloin or embezzle and sell silk from

the thrower who employs him and the buyer of such silk shall make such

recompense as ordered by a Justice of the Peace or be whipped or set in

the stocks for the first offense.

The regulation of the Silk Throwers company restricting the number of

spindles to be worked at one time is voided because it has taken

livelihoods away and caused foreign thrown silk [silk twisted from

cocoons into thread] to be imported.

Buttons on garments must be made of silk, mohair, gimp, and thread and

by needle to keep employed the many throwers, twisters, spinners,

winders, and dyers preparing the materials for these buttons. No button

may be made of cloth or wood.

When a bill of exchange drawn to at least five pounds is not paid on

demand at the time it is made payable, the person who accepted it may

make a protest in writing before a notary public, which shall be served

on the maker of such bill, who must pay it and all interest and charges

from the date of the protest. But if a bill of exchange is lost or

miscarried, another shall be given in its place.

No one may take more than 6 pounds in interest for a 100 pound loan.

Persons seeking election to Parliament may not give or promise money,

meat, drink, entertainment, present or gift to any elector.

Because the gaols were full of people in debt due to the late unhappy

times such as the London fire, all prisoners for debt were released upon

taking an oath that they had no property over ten pounds nor had

disposed or conveyed property to defraud creditors. Creditors not

wanting them released had to contribute to their maintenance in gaol.

Retailers of wine may not add to imported wines cider, honey, sugar,

molasses, lime, raisin juice, or herbs.

Butter sold must be of one sort and not contain bad butter mixed in

with good butter. Butter pots must bear the name or mark of their

potter.

Salt may be sold only by weight, to avoid deceit by retailers and wrong

to buyers.

No tobacco maybe grown in England because the colonies would be

discouraged from growing it and the king would not receive customs from

it.

No goods are to be imported to or exported from America, Asia, or

Africa except in English ships, with masters and 3/4 of the mariners

Englishmen. No manufacture of Europe may be imported into any colony or

territory except shipped from England in English ships manned by

Englishmen. As of 1672, if bond is not given for colonial exports of

sugar, ginger, tobacco, cotton, indigo, cacao nuts, or fustic [tree that

yields a yellow dye] and other dye- woods going to England, a duty must

be paid. As of 1696, no colonial goods are to be imported or exported or

carried from one colony to another, except in ships owned and built in

England, Ireland, or the colonies with the masters and three fourths of

the mariners from such places. These navigation acts were strictly

enforced.

Only persons with lands and tenements or estate worth over 100 pounds

per year or having a lease of at least 99 years worth 150 pounds per

year and owners and keepers of forests or parks may have any guns, bows,

greyhounds, hunting dogs such as setting dogs, snares, or other hunting

equipment. These persons may kill hare, pheasants, partridges, and other

game. Gamekeepers authorized by Justices of the Peace may search houses

and outhouses and seize unlawful hunting equipment. If hunting equipment

or game is found in a house without good account to the Justices of the

Peace, they shall impose a fine of 5s. to 20s., one-half going to the

informer and one-half going to the poor of the parish.

Army officers or soldiers who desert or mutiny shall suffer death or

such other punishment as decided by a court martial of senior officers

rather than the usual form of law, which is too slow.

Seamen not showing up on board after notice shall serve six months

without pay, but shall not suffer as deserters. Seamen do not have to

perform service in the Army.

Pirates may be punished by death and loss of all lands and chattels.

Any person aiding, advising, or concealing pirates may be likewise

punished. Officers and seamen killed or wounded in the defense of a ship

or who seize or destroy pirates may be paid by the owners an amount up

to 2 pounds per 100 pounds of freight as determined by a group of

disinterested merchants and the judge. The amount due to a man killed

will be paid to his widow and children. This is to be done when the ship

arrives in port. Any person who informs of any combinations or

confederacies planning to run away with or to destroy a ship shall be

rewarded by the commander or master of such 10 pounds for a ship 100

tons or under, and 15 pounds for a ship over 100 tons. The trial may be

in England or the American colonies, whose authorities may issue

warrants for arrest of alleged pirates. Deserters from ships, because

they often become pirates, shall forfeit all wages. Masters forcing any

man fit to travel to stay on shore or willfully leaves him behind shall

suffer three months in prison without bail.

Persons may mine for ores on their own land, but must turn it over to

the king who will give compensation for it, including gold, silver,

copper (16 pounds per tun), lead (9 pounds per tun), tin (40s. per tun),

and iron (40s. per tun).

By statutes of 1660 and 1662, when goods have been carried off ships

without customs being paid, the Chief Magistrate of the place where the

offense was committed or the adjoining place, or the Lord Treasurer, or

a Baron of the Exchequer may, upon oath, issue out a warrant to any

person to enter, with the assistance of a sheriff, constable or other

public official, any house, shop, cellar, warehouse, or room in the day

time where the contraband goods are "suspected to be concealed", and in

case of resistance, to break open doors, chests, trunks, or other

packages and to seize such goods, provided that if the information

whereupon any house is searched proves to be false, the injured party

shall recover his full damages and costs against the informer by action

of trespass. This was extended to the colonies in 1696.

The penalty for cursing or swearing by a servant, day laborer, soldier,

or seaman is 1s. For others, it is 2s. The fine is doubled for the

second offense, and tripled for the third offense. If an adult offender

can't pay, he shall be put in the stocks for one hour. If a child

offender can't pay, he shall be whipped by the constable or by a parent

in the presence of the constable.

The equity courts are now conceding limited proprietary rights to

married women by enforcing premarital settlements or trust arrangements

that designate certain property as a wife's separate estate and exempt

it from control by the husband. Such protective devices generally

reflected a father's desire to shield his daughter from poverty and

benefited only the landed aristocracy in practice. Also, husbands are

not allowed to punish and beat their wives as before. But the lower rank

of men were slow to give this up. A wife could have the security of the

peace against her husband. He could restrain her liberty only for gross

misbehavior.

In 1685, the courts ruled that apprenticeships were necessary only for

servants hired by the year, thus exempting most wage laborers.

There were many variations in religious practices for statutes to

address. The Quakers and Baptists were opposed to any state church. The

Independents and Presbyterians accepted the idea of a state church. The

members of the established church and Roman Catholics adhered to their

version the state church as they had experienced it in the past. Atheism

had a bad reputation. In 1662, the Jews established the first synagogue

in London. The Privy Council recognized their religious status as long

as they were peaceful and obeyed the laws. They engaged in pawn-broking

as well as money-lending.

There were various statutes enacted over the course of time regarding

religion, as follows:

All ministers, school teachers, mayors and other town officials,

including magistrates, were required to take the oaths of allegiance and

supremacy [of the King over the church] or be removed from office.

A great number of people refused to come to their parish church or

other public place where common prayer and sacraments were administered

and the word of God was preached according to the established church.

The morning and afternoon Sunday services with sermons, sometimes by

guest preachers, continued. So factions and schisms developed. In

response, the king changed the Book of Common Prayer and its prayers

were required by statute in 1662 to be read by some priest or deacon in

all the churches and places of public worship wherever and whenever

there was any preaching or lecturing. Attendance at one's local parish

church was never again required.

Attendance at the established Church of England was never again

required. Nor was preaching or lecturing constrained. Instead, a statute

was passed in 1677 that: Every person shall be pious and exercise

religion publicly and privately on Sunday. No work may be done or goods

sold or else forfeit 5s. or the goods respectively. No one may travel or

else forfeit 5-20s. In a further statute of 1688, because some ease to

scrupulous consciences in the exercise of religion may be an effectual

means to unite Protestant subjects in interest and affection, Protestant

nonconformists who took the oaths, or declaration in the case of

Quakers, and a declaration that they were not Catholic, did not adore

the Virgin Mary or any saint, and did not go to mass were declared not

liable for punishment in any ecclesiastical court by reason of their

nonconformity to the Church of England, except Protestant dissenters

meeting behind locked doors. But payment of tithes and performance of

parish duties were still obligatory. Non-conformist preachers had to

subscribe to the tenets of belief listed in the first eighteen Articles

of Religion, but were exempted from the articles on expounding

inconsistencies in scripture, the traditions of the church, homilies,

and consecration of bishops and ministers of the Elizabethan statute and

the statute on uniformity of prayers and sacraments of Charles II.

As of 1665, no nonconformist minister, i.e. one who endeavored any

alteration of government either in church or state, was allowed to live

or visit within five miles of any corporate town or any place where he

had acted as minister or else forfeit 40 pounds. Persons not frequenting

the established church were not allowed to teach in any public or

private school or else forfeit 40 pounds.

By statute of 1670, anyone at least sixteen years old who is present at

any assembly, conventile [private meeting of religious dissidents to

pray and expound scripture], or meeting under pretence of any exercise

of religion in other manner than according to the established Church of

England at which there are at least five persons present shall be fined

5s. for the first offense and 10s. for the second offense. This does not

include members of the same household meeting in their home. Anyone who

preaches or teaches at such a meeting shall pay 20 pounds for the first

offense, and 40 pounds for further offenses. The householder who permits

such a meeting shall pay 20 pounds. A justice or Justice of the Peace or

chief magistrate may break open doors and enter by force any house or

other place where they have been informed of any such meeting and take

persons there into custody for prosecution. This is to discourage the

growing of dangerous seditious persons under pretence of tender

consciences.

Religious nonconformity continued especially among the humble people.

The penal statutes caused hundreds of these nonconformists to be put in

gaol. From time to time, the king would release them and suspend these

laws. Sometimes, Charles II allowed dissenters to meet in private for

worship if they got a license from him. Religious gatherings grew in

numbers, size, and geographical extent. Dissenters were then allowed by

statute to meet behind locked or barred doors. But they had to pay

tithes and could be prosecuted in the ecclesiastical courts for not

doing so. By statute, all congregations and assemblies for religious

worship had to register with the local bishop or archbishop. Disturbers

of religious worship were required to find two sureties for the amount

of 50 pounds.

Quakers were active in the countryside. They were about one tenth of

the population and did not believe in a state church. There were some

Quakers schools and some Quaker workhouses to give work to the poor. For

the reason that they met together in large numbers to the great

endangering of public peace and safety and to the terror of the people,

and because they had secret communications and separated themselves from

the rest of the people and from the usual places of worship, a statute

was passed in 1662, that any Quakers who assembled to the number of five

or more under the pretense of unauthorized religious worship and any

person maintaining that taking an oath before a magistrate was unlawful

and contrary to the word of God or refusing to take a required oath was

to forfeit 5 pounds for the first offense or be imprisoned for 3 months

if he couldn't pay. For the second offense, the penalty was 10 pounds or

imprisonment for 6 months with hard labor. The third offense required

abjuring the realm or being transported to a plantation of the king

beyond the seas. The policy of Charles II was to allow Quakers to meet

undisturbed, to keep their hats on before magistrates, and to not come

to the parish church. But this policy was only partially adopted in the

country. From 1689, by statute, the Quakers were allowed to affirm or

declare instead of making the customary oath.

Many Presbyterians became Unitarians, who rejected the trinity of

"Father, Son, and Holy Ghost" and doubted the divinity of Jesus, but

accepted revelation. This statute was then passed in 1697: Any person

having been educated in or having at any time made profession of the

Christian religion who, by writing, printing, teaching, or advised

speaking, denies the Holy trinity, asserts that there is more than one

god, or that the Bible is not of divine authority, shall be disabled for

any ecclesiastical, civil, or military office. The penalty for a second

offense is being disabled from suing or pleading any action in any

court, being guardian of any child, or executor or administrator of any

estate, or receiving any legacy or deed of gift and imprisonment for

three years without bail or mainprize.

Catholicism was always disfavored. Catholic priests were executed with

little evidence. At times, Charles commuted the death penalty for them

to banishment. Sometimes there were effigies of the pope burned in the

streets. Such burnings were later banned. At times Charles allowed

Catholics to attend mass.

By statute of 1672, all civil and military officers and king's

officials must take the oaths of supremacy and allegiance and take the

sacrament of the established Church of England or be incapable of

office. They also had to make a declaration that they believed that

there is not any transubstantiation in the sacrament of the Lord's

Supper, or in the elements of bread and wine, when they were

consecrated. This is to prevent dangers from Papists. As of 1678, no one

may be a member of Parliament if he has refused to take the oaths of

allegiance and supremacy and the declaration that they were not

Catholic, did not adore the Virgin Mary or any saint, and did not go to

mass.

Papists were made to pay higher taxes. Every temporal and spiritual

person, corporation, and guild had to pay taxes to subsidize the king in

the amount of 2s.8d. for every pound's worth of personal property and

money. But Papists had to pay 5s.4d. for such. Persons and corporations

having land worth at least 20s. yearly, had to pay 4s. for every pounds'

worth. But Papists and aliens had to pay 8s. for such.

But Charles' successor, King James II was Catholic and gave many

offices to Catholics. This prompted a reaction against Papists and more

statutes restricting them. After James II was chased out of England, a

statute of 1688 required suspected Papists in London to make a

declaration that they were not Catholic, did not adore the Virgin Mary

or any saint, did not go to mass, or else stay ten miles outside of

London. Excluded were tradesmen and manual workers, who had only to

register. All Papists had to forfeit their arms and any horse worth more

than 5 pounds. Also, no King or Queen or spouse of such could be a

Papist, but had to make the same declaration as members of Parliament,

and join in the communion of the established Church of England. As of

1696, a person who was serjeant at law, counsellor at law, barrister,

advocate, attorney, solicitor, proctor, clerk, or notary had to take the

oath of supremacy and allegiance. As of 1698, Papists who kept a school

or tried to educate the young were threatened with perpetual

imprisonment. Also, Popish parents were prohibited from forcing their

children who were inclined towards Protestantism to become Catholic by

refusing them suitable maintenance. As of 1699, a reward of 100 pounds

was offered to any person who apprehended a Popish bishop, priest, or

Jesuit saying mass. Also, no Papist was allowed to buy land.

- Judicial Procedure -

As of 1679, no man could be held in prison but on a charge or

conviction of crime or for debt. Every prisoner on a criminal charge

could demand as a right from the Court of the King's Bench the issue of

a writ of habeas corpus which bound his gaoler to produce the prisoner

and the warrant on which he was imprisoned for review as to legality.

This forced trials to be speedy, which they had not hitherto been. Now

it was impossible for the Crown to detain a person for political reasons

in defiance of both Parliament and the courts, as Charles I had done.

The writ was suspended in times of war and domestic unrest: 1689, 1696,

1708.

In 1670, William Penn was arrested for sedition for delivering a sermon

in London, contrary to the statute that only the Church of England could

conduct meetings for worship. The jurors would not convict him, so were

gaoled and fined by the justices. The jurors filed a writ of habeas

corpus in the Court of Common Pleas, which held in their favor.

Thereafter the English jury had full independence to decide verdicts. By

court decision of 1679, jurors were held not to be responsible to the

justice for their verdict.

After 1688, hearsay was inadmissible as evidence, which Coke had

recommended. The old system of original writs was abandoned, and the

general concept or a wrong to person or property took its place.

A person who was sergeant at law, counselor at law, barrister,

advocate, attorney, solicitor, proctor [supervisor of students taking an

eexam], clerk, or notary in the courts had to take the required oaths of

allegiance and supremacy.

As of 1692, persons outlawed could appear by attorney as well as in

person to argue reversal of such outlawry, except in cases of treason

and felony.

As of 1696, persons accused of high treason where there might be

corruption of the blood or for misprison [concealing knowledge] of such

treason had to be taken before a grand jury for indictment within three

years of the offense. Those indicted or outlawed for such were given a

copy of the whole indictment, but not the names of witnesses, at least

five days before trial in order to prepare their defense. They could

have a copy of the panel of jurors at least two days before trial. They

could be represented in their defense by not more than two counsel

learned in the law and assigned by the court. Their counsel had free

access to them at all reasonable hours. They could make proof through

lawful witnesses under oath. In a trial of commoners for their lives, a

jury of twelve freeholders had to all agree on acquittal or conviction.

In a trial of a peer, the others peers in Parliament determined the

outcome by a majority vote.

Jurors were required to have at least 20 pounds income from freehold

land or rents in fee, fee tail, or for life. This increase in the

quality of the jury enabled it to better discern the issues in dispute.

Jury sympathy was determined by the sheriff who chose the jury. So if a

sheriff was popularly elected, as in London, he chose jurors who favored

individual and corporate liberty. If the king selected the sheriff, he

chose tories, who supported the Crown.

Issues of bastardy or lawfulness of marriage had to be tried by a jury.

The civil suit of trespass on the case branched into assumpsit [a

promise], trover [to recover goods converted to the use of another],

deceit, negligence, and libel and slander. The latter supplements bad

words punished by the local courts and defamation punished by the church

courts. Trover becomes the normal mode of trying the title to moveable

goods as the courts oblige the defendant to answer the charge of

conversion without permitting him to dispute the loss and finding of the

goods by the plaintiff.

This is an example of the initiation of a suit by a writ for trespass on

the case: The King to the sheriff &c. as in Trespass to show: wherefore

(e.g.:___) he fixed piles across the water of Plim along which, between

the Humber and Gaunt, there is a common passage for ships and boats,

whereby a certain ship, with thirty quarters of malt of him the said A,

was sunk under water, and twenty quarters of the malt of the price of

one hundred shillings perished; and other wrongs &c. as in trespass.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 54 / 67 段