King to the sheriff greeting &c. as in Trespass to show: wherefore
whereas he the Said X undertook well and competently to cure the right
eye of the Said A, which was accidentally injured, for a certain sum of
money beforehand received, he the same X so negligently and carelessly
applied his cure to the said eye, that the said A by the fault of him
the said X totally lost the sight of the said eye, to the damage of him
the said A of twenty pounds, as he saith, and have there &c. wherefore
whereas he the said X undertook to make and build three carriages for
conveying victuals of him the said A to parts beyond the sea for a
certain sum of money beforehand received, within a certain term between
them agreed; he the said X did not take care to make and build the
carriages aforesaid within the term aforesaid, by which he the said A
hath wholly lost divers his goods and chattels, to the value of one
hundred marks, which ought to have been conveyed in the carriages
aforesaid, for want thereof to the great damage of him the said A as it
is said: and have there &c.
This is an example of a writ for case on indebitatus assumpsit: The
King to the sheriff &c. as in Trespass to show: for that, whereas the
said X heretofore, to wit (date and place) was indebted to the said A in
the sum of for divers goods wares and merchandises by the said A before
that time sold and delivered to the said X at his special instance and
request, and being so indebted, he the said X in consideration thereof
afterwards to wit (date and place aforesaid) undertook and faithfully
promised the said A to pay him the said sum of money when he the said X
should be thereto afterwards requested. Yet the said X, not regarding
his said promise and undertaking but contriving and fraudulently
intending craftily and subtly to deceive and defraud the said A in this
behalf, hath not yet paid the said sum of money or any part thereof to
the said A (although oftentimes afterwards requested). But the said X to
pay the same or any part thereof hath hitherto wholly refused and still
refuses, to the damage of the said A of ------ pounds as it is said. And
have you there &c.
This is an example of a writ for case for trover: The King to the
sheriff greeting &c. as in Trespass to show: for that, whereas the said
A heretofore to wit [date and place] was lawfully possessed as of his
own property, of certain goods and chattels to wit, twenty tables and
twenty chairs of great value to wit of the value of ___ pounds of lawful
money of great Britain; and, being so possessed thereof he the said A
afterwards, to wit (date and place aforesaid) casually lost the said
goods and chattels out of his possession: and the same afterward, to wit
(date and place aforesaid) came into the possession of the said X by
finding; Yet the said X well knowing the said goods and chattels to be
the property of the said A and of right to belong and appertain to him,
but, contriving and fraudulently intending craftily and subtly to
deceive and defraud the said A in this behalf, hath not as yet delivered
the said goods and chattels, or any part thereof, to the said A
(although often requested so to do) but so to do hath hitherto wholly
refused and still refuses; and afterwards to wit (date and place
aforesaid) converted and disposed of the said goods and chattels to his
the said X's own use, to the damage of the said A of ____ pounds as it
is said; and have you there &c.
The rigid writs with specific forms of action for common law cases
started to fall into disuse. Later, trespass on the case bifurcates into
misdemeanor and the tort of trespass.
Persons in prison on suspicion of treason could not be released on bail
as of 1688.
If one of several defendants of a case was acquitted, all defendants
recovered their costs from the plaintiffs. A person found guilty of
malicious prosecution recovered his costs from his accuser.
Mercantile cases were decided in light of mercantile custom rather than
according to the strict rules of the common law.
Merchants and traders could settle their trade disputes by arbitration,
which decision could be enforced by court order.
After the Restoration, all legal decisions of the Commonwealth and
Protectorate were confirmed subject to a right of appeal.
The Star Chamber was not restored, and Parliament assumed its control
of the press. The King's Bench succeeded to most of the Star Chamber's
jurisdiction. No longer could the Privy Council influence criminal cases
and the general supervision of legal processes through the Star Chamber.
The High Commission court was not restored, but church courts were, but
with depleted powers. They accepted subordination to the common law
courts. Because the church's administration was inefficient and corrupt
and its punishments inadequate, they gradually lost their power to the
common law justices and Justices of the Peace. They had virtually no
authority over laymen. They could still punish heresy, but lost
jurisdiction over the law of libel and slander, which then were
transformed by the civil courts, and over prostitution and scandalous
lewdness. Local ordinances for suppression of brothels, which were run
by madams, were founded on breach of the peace. In 1678, the death
sentence was taken away from the church courts. In 1697, church
sanctuary was abolished.
The county courts faded into insignificance, as the Justices of the
Peace took on more jurisdiction.
In 1668, new justices were issued patents with "at pleasure" instead of
"during good behavior" describing their tenure. Charles II and James II
frequently dismissed justices not favorably disposed to the Crown. In
1697, they were to have fixed salaries instead of the profits of
justice. By statute of 1701, justices' commissions were to be made with
an established salary determined by Parliament and a tenure to last
during good behavior. They could be removed only by the address of both
Houses of Parliament. This gave them independence from the king. Their
tenure lasted for the life of the monarch.
The chief justice could empower persons by commission to take
affidavits from people in the country for court proceedings in
Westminster.
Judgments were docketed so they could easily be found e.g. by heirs,
executors, administrators, purchasers, and mortgagees.
Court judgments and fines could be challenged for error only within
twenty years.
Court decisions were still appealable to the House of Lords. In 1668,
Skinner v. East India Company held that the House of Lords could not
exercise original jurisdiction in civil cases between commoners as it
had claimed, but retained its appellate jurisdiction. In 1675, the House
of Lords acquired the new judicial function of hearing appeals from the
Chancery Court by virtue of the case of Shirley vs. Fagg.
Any gaol keeper allowing a prisoner to escape in return for money lost
his office forever and had to forfeit 500 pounds.
The last burning of a woman as a penalty for an offense, which had been
only occasional, was in 1688.
The last bill of attainder, which condemned a person to death, occurred
in 1697.
The pillory was still in use.
Benefit of clergy was taken away from those who stole cloth or woolen
manufactures from their drying racks or who embezzled military stores or
ammunition worth at least 20s, or stole goods of over 5s. value from a
dwelling house with a person therein put in fear, a dwelling house in
daytime with a person therein, or by day or night a shop or warehouse.
A statute of 1661 gave jurisdiction to naval courts-martial to decide
cases at sea, e.g. insubordination; failure to fight the enemy, a
pirate, or rebels; not assisting a friend, mutiny, drunkenness, creating
a disturbance to protest the quality of the food, quarreling, sleeping
on watch, sodomy, murder, robbery, theft, and misdemeanors. Usually the
penalty was to be determined by the courts-martial, but sometimes death
was decreed.
In the American colonies, judges were still appointed by the royal
governors and paid by the local legislatures. They still served at the
pleasure of the king.
- - - Chapter 18 - - -
- Times: 1702-1776 -
Dress was plainer than before. Gentlemen wore white linen shirts;
waistcoats fitted at the waist and covering the trunk at least; long
lawn ties wound around the throat and tied in front with the tails
tucked in, knee-length coats that were wide in the skirts and in the
sleeve cuffs and having large gold, silver, or bronze buttons which
didn't reach to the buttonholes on the other side of the coat; knee
breeches of cloth, knitted wool, thread, and silk; and silk stockings
rolled up at the knee. Some shoes had metal buckles. Gold fobs with
watches or seals hung from the breeches pocket. The clothes were made of
silk, satin, or velvet and often in colors such as yellow, orange,
scarlet, blue, violet, pink, and dull slate, and decorated with gold and
silver trimmings. A slender sword was worn on the side. Short wigs,
often powdered with heavily scented white or gray wheat flour, with
rolls over the ears and hair tied at the back, were worn for formal
occasions. Wigs were made of human, horse, goat, or cow hair, or mohair,
worsted, silk, or wire. Sometimes feathers and cork were also used.
There were new colors and cuts of dress for every season. By 1750,
wearing a sword was just a symbol of gentility. Gentlemen often had
valets to help them dress. Ladies wore fitted full-length dresses held
out by hoops with shoulders hidden, sometimes with a laced bodice with
stays, and lace at the neck. The waistline fashion fluctuated between
high and low and in tightness. The dress could be brocade, satin,
velvet, silk, etc. Some put jewels in their hair and had high elaborate
hats with wide brims tilted forward. Hair was in ringlets at the side or
dressed close to the head with a small top knot covered with a laced
cap. They also wore wigs when dressing up, decorated with ribbons and
artificial flowers. Hooded cloaks were used outdoors and hoods were used
for sun or wind. They carried leather purses with gloves at elbow
length. Both gentlemen and ladies wore cosmetics and face patches and
used tooth powders, breath sweeteners, lip salves, and choice perfume.
Some had false teeth of bone or ivory wired into place. Both gentlemen
and ladies had accessories such as fans, handkerchiefs, head scratchers,
and elaborately designed snuff boxes, patch boxes, and perfume
containers. Both sniffed tobacco snuff but only men smoked it. They
walked with tall, elegant canes, and women also carried parasols. Hats
were made of wool and hair of beaver, rabbit, or camel. A popular hat
was three-cornered, and usually of beaver or dark felt. There was often
a rosette or such to show one's political opinion. Straw hats were worn
in the summer. There were ready-made clothes and shoes, especially for
children. Night gowns and night caps were worn to bed. About 1714,
umbrellas for rain were introduced. They were made of waxed silk or
taffeta. All but the poorest wore silk and lace. A prosperous countryman
wore riding clothes consisting of breeches and boots, cut-away coat, and
low top hat.
The highest class were the peers and peeresses of the House of Lords
and their spouses and families. They were the nobility and held the high
political offices, the high ranks in the army and navy, and owned large
estates, usually scattered over the country. Some were lawyers or
merchants. There was much intermarriage among these families. Indeed,
many a noble family had salvaged its fortunes by marriage to a London
merchant. The richest people in London were international merchants.
These high class families lived in mansions with four or five living
rooms, two to five acre gardens, and stables.
The next class were the gentry. Their family heads had land and were
often Justices of the Peace. They were sometimes members of the House of
Commons. The oldest son took over from his father, while the others had
to find a living such as in the church, law, medicine, or trade. The
gentry usually lived in mansions.
The old yeoman class was disappearing due to their selling their land
to larger landowners. Farming on a large scale was more productive.
The next class were the "middling sort". In this class were merchants,
lawyers, substantial tenant farmers, smaller freeholders, millers,
innkeepers, in town traders, middlemen, clothiers, ironmongers,
goldsmiths, grocers, linen drapers, apothecaries, school masters, clerks
and civil servants, customs and excise men, and .shopkeepers, who now
kept their wares inside and lived on the second floor. The town people
lived in town houses of two stories plus an attic.
The next class were the manual workers. These were wage earners or
independent craftsmen, farriers, rural smiths (who shod horses and made
stair rails, window-bars, torch extinguishers, lamp irons, bells, bolts,
hinges, locks, and fire-grates), sawyers, carpenters, joiners,
wheelwrights, nail makers, brick makers, plumbers (made lead cisterns,
kitchen sinks, rainwater heads, drain pipes and lead flats for houses
and ornaments), thatchers, spinners (silk, flax, hemp, wool, hair),
dyers, wool combers, weavers, shoemakers, hat makers, belt and buckle
makers, dressmakers, milliners (hats, caps, bonnets, cloaks, hoods,
muffs), feather workers, button makers, lace makers, steel pin makers,
brewers, cutlery makers, soap makers, candle makers (made from beeswax,
tallow, mutton-fat, or beef-drippings), comb makers, barber/hairdressers
(shaved, cut hair, made wigs and braids, and let blood), curriers,
leather workers, carpet weavers, paper makers, tin-plate makers,
printers, enamel workers, braziers and coppersmiths (made kettles,
saucepans, canisters, milk pails, lanterns, candle boxes, candle sticks,
and lamp lighters), basket makers, jewelers (made rings, perfumes, match
boxes, buckles, and tops of canes), watch and clock makers, type
founders, letter cutters, trunk and chest makers, cabinet makers,
saddlers, coach body builders, coach carriage makers, shipwrights, rope
makers, and sail makers. These workers typically worked in their stone
or brick houses in a rural setting, with gardens, a cow, a horse, pigs,
and poultry around them on 2-6 acres. They now ate white or wheaten
bread instead of rye bread, much meat and cheese, and drank tea. Working
men could now afford leather shoes. These people also worked in the
harvesting of grain. Some consolidation of work was starting. For
instance, the weaver, who had furnished himself with warp and weft,
worked it up, and brought it to market himself was being displaced by
weavers who worked under supervision for one merchant in a town on looms
the merchant had acquired. Many women and children were so employed. It
was not unusual for a man to work 13 hours a day for 6 days a week. The
wage earners were well above the subsistence level as long as trade was
good. Real wages were higher than at any time since the mid-1400s. But
eventually, as the employer came to realize how dependent the weaver had
become on him, wages tended to fall. In 1757 a Gloucester weaver, with
his wife to help him, could earn, when work was good, from 13s. to 18s.
a week. A few years later, he could only earn about 11s. A woman spinner
earned 10-15d. a day in 1764, but 3-5d. in 1780. In the same period,
men's wages fell from 17d. to 10d. a day. Only certain workers, whose
special occupation needed greater skill, e.g. the wool-combers, whose
wool was longer and of better quality than carded wool, and shearers,
were better paid. In 1770, wool combers made 13s. a week; their wage was
about the same all over the country because they traveled form town to
town in search of work and always supported each other. Also in 1770,
Newcastle miners earned 15s. a week, Sheffield cutlers 13s.6d. a week, a
Rotherham blacksmith 13s. a week, a furnace keeper at Horsehay about
12s. a week, a Staffordshire potter from 8-12s., a Witney blanket weaver
or a Wilton carpet weaver 11s. or more a week, a Manchester cotton
weaver from 7-10s. a week, and a Leeds cloth weaver about 8s. In this
class also were ploughmen, cowmen, dairymaids of the bigger farms. They
had cottages of wood, clay, and straw, with clay floors and low
ceilings, and a divided ground floor. A few had homes built of stone,
covered with slate or thatch.
Wages of industry were higher than those of agriculture. In 1770, a day
laborer earned 5-6s. a week in winter and 7-9s. in summer, without board
or lodging. In the short harvest time, he could earn 12s. a week.
Lastly were the mass of the population of London: hordes of laborers
who depended on casual employment and could be dismissed at will.
About half the population had no resources but their labor, which was
usually unskilled and lowly paid. In good times they had just enough to
feed themselves.
The gap between rich and poor became greater. Marriage remained a main
way to wealth. Also, one trained in the law could aspire to have a
successful career in high political office, which also brought wealth.
But there was less social mobility than in the previous century and many
landed families were consolidating their position. Industrialists who
had made a fortune for example, in steel, cotton, coal mining, and
porcelain, and merchants who wanted to turn themselves into landed
gentlemen found it very difficult to buy landed estates. Old dissenter
families, Quakers in particular, who were highly esteemed as
businessmen, as industrialists, and as model employers were excluded
from the Anglican landowning society. Rich tradesmen, artists, actors,
and writers found it difficult to buy substantial houses in the small
market towns and countryside because of an entrenched hierarchical
atmosphere there that didn't exist in London. The only gentlemen who
were in household service were librarians, tutors, or chaplains. They
ate with the family and did not consider themselves servants. Servants
were kept more at a distance. By the 1750s the servant class was clearly
defined. Their quarters were moved to the basement of the house and they
ate together in the kitchen. But some householders still had special
occasions when everyone ate together in the dining room, with the
servants at one end of the table. Servants had no right to free time or
to holidays. In 1767 about one tenth of the population in London had
servants. Even bricklayers and milk sellers had a servant. Most families
had just one servant. Most wives employed some other woman or child to
help in washing and scouring or in the minding of the children.