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.