A driver of a carriage, wagon, or cart on the public highway who by

negligence or misbehavior caused any hurt or damage to a person or any

other carriage or hindered free passage of any other carriage was to

forfeit up to 20s. Anyone leaving an empty cart or other obstruction on

a public highway was to forfeit up to 20s. Any cart, wagon, or carriage

driven without a person on foot or on horseback leading it had a

forfeiture up to 20s. Any driver of an empty cart, wagon, or carriage

who refused or neglected to make way for any coach or loaded cart,

wagon, or carriage was to forfeit up to 20. Any offender could be

apprehended without warrant by anyone who saw his offense, and who was

then to deliver him to a constable or other peace officer.

By 1719, the mail service was well-regulated. Letter rates within 80

miles of London were 3d. per piece of paper, then 12d. per ounce. Within

60 miles of New York City in America there were 4d. per piece of paper,

then 1s.4d. per ounce. Letters were still carried by post horses. From

London to New York, they were 1s. per piece of paper for the first three

pieces, then 4s. per ounce. In 1765, this rate was extended to all

colonial ports.

In 1754, canals began to be constructed linking the main rivers. The

barges were hauled by horses or men from the land near the river's edge.

Now goods of many inland towns cheapened and reached a national instead

of just a local market. In 1761 an almost illiterate man called James

Brindley cut the first real canal at Worsley for the Duke of

Bridgewater, who owned the coal deposits there. He kept the line of the

canal at one level to avoid having to make locks. It crossed one river

as a forty foot high aqueduct. He refused to use the beds of small

rivers, whose sluggish flow gave no adequate security against silting.

Coal at the destination point of Manchester fell to half its former

price. After Wedgwood headed a campaign to persuade Parliament to

construct a certain canal, he bought adjacent land on which he built his

great factory.

In 1713, the maximum interest rate that could be charged was reduced to

5% for the advancement of trade and improvement of lands because that

rate was the norm in foreign lands. Thus the maximum interest rate fell

from 10 to 8 to 6 and then to 5%. When Issac Newton was Master of the

Mint, he noted that too restricted a currency caused a high interest

rate to prevail, which was bad for commerce and the plans to set the

poor to work, but that too large a quantity of money in circulation

caused interest rates to fall, which encouraged luxury imports and the

export of bullion.

The Bank of England provided a safer deposit and lower interest than

goldsmiths or scriveners. It also issued notes for 10 and 15 (since

1759), and 20 pounds. Outside retail trade and wages payments, business

was conducted on a credit basis with a paper promise to pay at some

future date. Check use was still formal and rare. Tradesmen typically

authorized their apprentices to "write off or draw" from their accounts,

bringing their bank books. Depositors authorized other people such as

certain servants, relatives, cashiers, or company secretaries to make

use of their accounts. After 1721, the Bank dividend was about 6% a

year.

Promissory notes were assignable and endorsable and the holder could

recover against the signer or any endorser as was the case with bills of

exchange. In 1775, no more promissory or other notes, bills of exchange,

draughts, or undertakings in writing and being negotiable or

transferable could be made for under 20s., because it was hard for the

poorer sort of manufacturer, artificer, laborer and others to use them

without being subject to great extortion and abuse. Cash was to be used

instead.

By 1711, government finances had become so chaotic that the Chancellor

of the Exchequer sought to re-establish public credit by means of a

chartered commercial company, the shares of which were offered in

substitution for government stock. This South Sea Company was

established in 1711 with a monopoly to trade in South America. The

prospects of huge profits sent the share prices soaring. There was also

an increase in the money supply. These factors led to a speculation

bubble in 1720 in this stock. Also, many stock-jobbers promoted

companies of every description, such as one to extract gold from

seawater. There was an insurance boom with about seventy insurance

companies in existence, many virtually gambling in life contingencies.

There was speculation in insurance for all types of occurrences, such as

housebreaking, highway robbery, death by gin-drinking, and horses

becoming disabled. The total capital invested in all these enterprises

rose to over five times the cash resources of all Europe. When the

bubble burst, 100 pound South Sea stock had gone up to 1050 pounds and

back down again to 120. Since the government had in effect bought this

stock at a low price and paid off its debt with this stock at a high

price, this bubble relieved the government of much of its massive debt.

It also redistributed wealth. After the bubble burst, investors took

refuge in investing in 3-4% government fixed-interest securities. A

result of this bubble burst was the chartering of two corporations for

marine insurance and prohibition of such by any partnership or firm.

Private persons could continue to write policies, and they chose Lloyd's

Coffeehouse as their headquarters; it came to dominate the world of

marine insurance after the two chartered companies came to concentrate

on fire and life insurance. Lloyd's list became the foundation for a new

newspaper. There were specialty boxes at Lloyd's such as on America or

the Baltic. Many ships were reported captured by enemies or pirates, but

underwriting insurance was a lucrative business for many.

In 1717 the gold guinea was assigned a value of 21s. In 1774, the gold

standard was introduced. In 1774, clipped and deficient gold coin was

called in to be exchanged for new coin.

Local taxes were collected for the church, the poor, county courts of

justice, borough administration, and highways. National taxes included

the income, customs, and excise taxes. When the government tried to levy

excise taxes on wine, tobacco, and then on cider, there was a public

protest with mobs demonstrating against the power given to excise

inspectors to search in people's homes. These excise taxes were no

longer levied.

Duties were placed on items for encouraging industries within the

country and to pay the expenses of government. There were more and

higher duties to pay for war. At various times there were duties on

hides, skins, seal skins, gilt and silver wire, malt, mum [strong beer

made from malted wheat], cider, perry, spices, tea, coffee, cocoa nuts,

chocolate, cocoa paste, snuff, chinaware, drugs, calicoes, herrings,

apples, oysters, raw Italian and Chinese silk, gum arabic, gum senega,

tallow, hogs-lard, grease, beaver skins and wool, imported brandy,

raisins, coals and coal dust, coaches for one's own use or for hire,

except licensed hackney coaches; silver plate owned by persons,

corporations, and bodies politic; leases, bonds, and other deeds;

licenses for retailing wine, beer, and ale; 5% of salaries, fees, and

perquisites from office and employments including royal pensions and

gratuities over 100 pounds. When the price of wheat was high, as in

1765, when it was 6s. per bushel, wheat products could not be exported.

At other times, they could not be imported. Duties on imported wheat,

barley, rye, oats, beans, rice, Indian corn were also dropped. The

prohibition of importing salted beef, pork, bacon, and butter was

dropped. In 1770, no live cattle, pigs, mutton, pork, beef, either fresh

or salted could be exported or forfeit 50 pounds for every such animal

or 5s. per pound of such meat. In 1773, peas, beans, bacon, hams, and

cheese could be imported duty free, and in 1775 Labrador codfish. In

1775, raw goat skins could be imported duty-free to improve the domestic

manufacture of red, green, and blue leather.

In 1773, there were given costs above which various commodities could

not be exported: wheat at 44s. per quarter, rye, peas, or beans at 28s.,

barley and beer at 22s., oats at 14s. or else forfeit the goods, 20s.

per bushel and the ship or boat in which laden. (There are 8 bushes in a

quarter.)

A window tax replaced the hearth tax. These duties were 2s. on dwelling

houses, increased by 6d. per window for houses with 10-14 windows, and

increased by 9d. per window for houses with 15-19 windows, and increased

by 1s. per window for houses with 20 or more windows, per year to be

paid by the occupant. These were increased three more times, until the

dwelling house duty was 3s. and the duty for 25 or more windows was 2s.

Another duty for war was that on imported starch, certain imported

clothes, cards, dice, soap, vellum, parchment, and paper made in the

realm (4d.-1s.6d. per ream depending on quality) or imported (1-16s. per

ream). For pamphlets and newspapers made in the realm there was a duty

of 2d. per sheet and 12d. for every advertisement. When the duty was

paid, the paper was stamped. The penalty for nonpayment was 10 pounds

for sellers and 5 pounds for those writing or printing on the paper.

Later, there was a penalty of imprisonment in a House of Correction up

to three months for sellers or hawkers of pamphlets or newspapers, and

the apprehender received a reward of 20s. A parson marrying a couple

without publishing banns or license could forfeit 100 pounds.

Not paying duties was punishable by various forfeitures of money.

Officers for duties could search warehouses on suspicion of concealment

of coffee, tea, chocolate, or cocoa beans with an intent to avoid duties

after making an oath before a duty commissioner or Justice of the Peace

setting forth the grounds of such suspicion. A special warrant could be

issued authorizing the officer to seize such goods.

Wars were funded not only by some duties, but by lotteries and

short-term funding purchased at 5% yearly interest from the Bank of

England and by long-term funding by the sale of annuities.

County militias could be raised and called out to march together in

order to be better prepared to suppress insurrections or invasions.

Their horsemen were to be provided with broad sword, a case of pistols

with 12 inch barrels, a carabine with belt and bucket, a saddle, and a

bit and bridle. Each foot soldier was to be provided with a bayonet, a

cartouch-box, and a sword. In the militia act of 1757, there were quotas

for each parish, to be chosen by lot from lists of men 18-50 years old.

After militia service for three years, one could not be called again

until by rotation, and, if married, he was allowed to practice any trade

in which he was able in any town or place. While he was in the militia,

his parish had to pay an allowance to his family, if distressed, the

usual price of an agricultural laborer, according to the number and ages

of the children. Quakers could provide a substitute or pay money to

defray expenses of a substitute for three years. Exempt were peers,

commissioned officers in royal army or royal castle, other military

personnel, members of either university, clergymen, teachers of any

separate congregation, constables and peace officers, and watermen of

the Thames River.

This militia act was due to an invasion scare in 1756 because Great

Britain then had no allies on the continent. The old strategy of

maintaining a small army of 17,000 men and relying on volunteers had

really depended on England's allies to tie down France's land forces.

The militia act of 1757 was designed to reassure squires they would not

be used as adjuncts to the army. Only those with much property could be

officers. Enlistees could still carry on their trades and jobs. Costs

were to be from general taxation rather than by locality. But it was

almost impossible to get officers and there were many riots when parish

authorities tried to draw up lists of those liable to serve. In 1759 the

navy prevented French invasion.

Able-bodied men without a calling, employment, or visible means of

maintenance or livelihood could be searched for and conscripted into the

army. Volunteers who enlisted were paid 40s. and were not taken out of

her majesty's service by any process other than for some criminal

matter. King George II was the last king to lead his troops into battle.

Later, parishes were given 20s. for every soldier they summoned. Also,

persons who had a vote for member of Parliament were exempted.

Whipping was the usual punishment for offenses. A soldier who deserted

or joined in any mutiny or sedition in the royal army within the realm

was to suffer death or any other punishment determined by court martial.

In 1760, a soldier (later, or a marine) who slept at his post, left his

post before being relieved, communicated with any rebel or enemy, struck

or disobeyed any superior officer could suffer death, including those

soldiers in America.

During war, chief officers of towns quartered and billeted royal army

officers and soldiers in inns, livery stables, alehouses, and victualing

houses for 4d. a day, but not in any private house without consent of

the owner. From 1714 to 1739, the army regiments were split up and

scattered among the ale-houses of small towns for maintenance; this was

to disperse the soldiers. It was easier to count them, thereby keeping a

check on their number, which might be exaggerated if they were in large

groups in barracks. The towns protested having to maintain soldiers and

town magistrates imposed severe penalties for small offenses by

soldiers. Their drunkenness and violence were not tolerated as they were

for ordinary people. Their officers not being with them, the soldiers

retaliated with troublesomeness. As of 1763 English troops could be

quartered in unoccupied houses or barns and supplied with necessities

such as bedding, firewood, candles, vinegar, salt, cooking utensils, and

beer or cider. The Royal Hospital gave pensions to maimed and worn out

soldiers treated there.

Sailors had more status than soldiers because they had regular work as

seamen in times of peace and they did not remind the people of the idea

of a standing army, which they had hated especially since Cromwell.

Justices of the Peace, mayors, and other officers could bind boys as

apprentices to sea service if they were at least ten and their parents

were chargeable to the parish or begged for alms. This indenture to the

masters or owners of ships lasted until the boy reached 21. The boy's

parish paid 50s. for clothing and bedding for such sea service. No such

apprentice could be impressed into the navy until at least 18 years of

age. Master and owners of ships that carried 30-50 tuns had to take one

such apprentice and one more boy for the next 50 tuns, and one more boy

for every 100 tuns over 100 tuns, or else forfeit 10 pounds to the boy's

parish. Boys voluntarily binding themselves to such sea service were

exempt from impressment for the next three years. This was to increase

the number of able and experience mariners and seamen for the navy and

for the trade and commerce of the nation.

No masters or commanders of merchant ships were to proceed on a voyage

beyond the seas without first agreeing in writing on wages with the

seamen, except for apprentices. Such agreement had to be signed by the

seamen. Offenders were to forfeit 5 pounds per seaman, which sum went to

the use of Greenwich Hospital. Any seaman leaving the ship before being

discharged in writing was to forfeit one month's pay because too many

left the ship before it was unladen.

There were some ships of 2000 tons. The steering wheel had been

introduced because a sudden heavy sea could wrest a tiller from the

hands of a helmsman. Triangular head-sails with jib boom and stay-sails

on stays between masts were in use so that ships could sail closer into

the wind. The length of ships was still determined by the same length of

trees that could be grown. Sailing ships were still vulnerable to a lee

shore. Latitude was easy to determine using the reflecting octant

invented by John Hadley in 1731, and a sextant invented in 1757, with

mirrors and a small telescope to measure the angle between a celestial

body such as the sun or north star and the horizon. But longitude could

not be determined with any degree of accuracy. One method relied on

accurate predictions of the future position of the moon as observed from

a fixed reference point, such as Greenwich. By precisely observing the

local time of the moon's occultation of a known star at a particular

place, and looking up in a table the predicted time of the event at

Greenwich, one could approximate the time difference of the place from

Greenwich. There were so many shipwrecks on this account that the

government offered a reward to anyone who found a way to measure

longitude accurately. In 1763 carpenter and clockmaker John Harrison

made the chronometer to do this with an accuracy of 2 1/2 seconds per

month, and received 5,000 pounds. He was promised 10,000 pounds to

explain the principle of his timekeeper and build three more. The

chronometer kept time with extreme accuracy and was mounted to remove

the effect of the ship's motion. To find a ship's position, a navigator

noted the time and measured the positions of certain stars. He compared

these positions with tables that showed the stars' positions at

Greenwich mean time, and then calculated the ship's position.

Officer positions were no longer bought, but were subject to

examination for a minimum of knowledge, especially in navigation. In

1729 the Naval Academy was established. Boys entered at age 13 to 16 and

spent two or three years there.

Only about 15% of the crew of navy ships were volunteers. Many were

gaolbirds, having chosen the Navy over more gaol time for debt. Press

gangs seized men in the port towns and from ships coming into harbor.

>From 10% to 20% of the crew were foreigners, many of these pressed men.

About 1756, the Marine Society was founded for training and placing poor

boys in work in naval and merchant ships. This not only supplied men and

boys for the Navy, but saved boys from a life of vagrancy and crime.

These boys usually became reliable and obedient sailors.

The life of a sailor was a hard one, requiring much strength. Sailors

did not know how to swim, so falling overboard usually meant death.

Flogging was the usual punishment in the Navy, even for small offenses.

The amount of flogging due for each offense rose over time. If flogging

were fatal, there would be an inquiry and occasionally punishment. A

sailor's meals were usually hard bread invested with weevils and

maggots, dried or salted meat or fish, and small quantities of oatmeal,

butter, and cheese. Many sailors had scurvy or other deficiency

diseases. Experiments with lime and lemon juice as remedies for scurvy

were made around 1764, but were not used in the Navy until about 1800.

Many more sailors died from these diseases than from battle. Rum and

water was a daily ration introduced in 1745. The ordinary sailor was

paid about one pound a month, a rate established in 1650s which became

outdated. This was not in cash, but in a ticket which entitled him to

payment in full if he presented it at the pay office in London, but was

subject to swinging deductions if he tried to cash it in another port.

Prize money from conquered ships was substantial. To encourage seamen

to enter the navy, Parliament provided that the prizes be divided among

flag officers, commanders, other officers, seamen, marines, and soldiers

on board every ship of war, including private ships commissioned by the

Admiral, as directed by the king, or as agreed with the owner of a

private ship. It included an enemy's ships, and goods and arms on the

ships or in fortresses on the land. There was also bounty money for

enemy ships taken or destroyed. For retaking or salvaging English goods

taken by the enemy, 1/8th their value was paid. Privateers colluding

with others to fraudulently take their merchant ships forfeited their

ships, with 1/3rd going to the person who made the discovery and

prosecuted.

Later, any able seaman volunteering for the navy was to receive 5

pounds bounty. Any seaman volunteering for the navy was to receive a

bounty of 3 pounds. If a navy seaman was killed or drowned, his widow

was to receive a year's pay as bounty. No seaman in a merchant ship was

to receive more than 35s. per month because of war at that time.

Still later, anyone who ran goods or avoided customs was excused and

indemnified if he enlisted in the navy as a common sailor for three

years.

Those under 18 or over 55 were made exempt from impressment into the

king's service. The time of service was limited to five years if the

serviceman so demanded. Worn out and decrepit seamen no longer being

treated at the Royal Hospital for Seamen at Greenwich received a pension

as determined by the hospital.

In war, the Navy favored blockading tactics over attack by fireships,

which grew obsolete. In peace, when not used in convoys to remote lands,

many ships of war were used as cruisers to guard the coast, to trade,

and to accompany merchant ships going out and returning home. About

1755, marine forces of the navy were raised and quartered on shore.

No war ship could carry goods except gold, silver, and jewels and

except the goods of a ship in danger of shipwreck or already

shipwrecked.

The king was authorized to prohibit the export of gunpowder, saltpeter,

ammunition, and arms.

When a ship had been forced on shore or stranded on the coast, it had

been the practice for people to plunder it and to demand high payment

for salvaging its goods. So a statute required that salvage only be done

by sheriff, mayors, and other officials. A person who defaced the marks

on goods or hindered the saving of the ship had to pay double

satisfaction to the person aggrieved and spend 12 months at hard labor

in a House of Correction. If a person unduly carried off goods, he

forfeited treble damages. If he made a hole in the ship or stole the

pump from the ship, he was guilty of felony without benefit of clergy.

The owner of the island of Skerries was allowed to erect a lighthouse

and charge passing ships other than Navy ships 1d. per tun.

Only pilots examined and admitted into the society of pilots and, if no

such pilot was readily available, a ship's own owner, master, or mate

could pilot ships up the Thames River, or else forfeit 10 pounds for the

first offense, 20 pounds for the second, and 40 pounds thereafter. Any

pilot losing a ship could no longer be a pilot. There had to be at least

120 qualified pilots. The prices of piloting were 3 pounds 10s. for

ships drawing 7 feet of water, and 10s. more for each additional foot

drawn up to 8 pounds 10s. for ships drawing 17 feet of water.

To preserve navigation, ships were not to throw any ballast, filth,

rubbish, gravel, earth, stone, or filth into rivers or ports where the

tide or water flowed or ran or else forfeit 50s.- 5 pounds. Ships on the

Thames River could take as ballast to stabilize a ship without cargo:

dung, compost, earth, or soil from laystalls in London. There was a toll

on ships entering the port of London to pay for repairs to its walls.

Many persons insuring ships for large premiums became bankrupt, thus

ruining or impoverishing many merchants and traders. So the king was

authorized to grant charters to two distinct corporations for the

insurance of ships, goods, and merchandise or going to sea or for

lending money upon bottomry [borrowing money and and pledging the ship

as security]. Each corporation had to pay 300,000 pounds to the

Exchequer and to have sufficient ready money to pay for losses insured

by them. They were to raise capital stock and could make calls of money

from their members in proportion to their stocks for any further money

required.

Any owner, master, or mariner who cast away, burned, or otherwise

destroyed a ship to the prejudice of underwriters of policies of

insurance or of any merchants whose goods have been loaded on the ship

was to suffer death.

The owners of ships were not liable for losses by reason of theft

without their knowledge by the master or mariners of goods beyond the

value of the ship. This was to prevent the discouragement of owning

ships.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 61 / 67 段