take what may be left of the ships insured after paying the insurance on
them] to the insurer. A lender on bottomry had benefit of salvage. No
insurance could be for a greater amount than the value of one's interest
in the ship or in the goods on board.
No waterman carrying passengers or goods for hire e.g. by wherryboat,
tiltboat, or rowbarge, on the Thames River could take an apprentice
unless he was a housekeeper or had some known place of abode where he
could keep such apprentice or else forfeit ten pounds, and if he
couldn't pay, do hard labor at the House of Correction for 14-30 days.
Also he could not keep the apprentice bound to him. No apprentice could
be entrusted with a vessel until he was 16 if a waterman's son and 17 if
was he the son of a landman, and he had at least two years' experience.
None but freemen, i.e. one having served an apprenticeship of seven
years, could row or work any vessel for hire or be subject to the same
punishment. This was to avoid the mischiefs which happen by entrusting
apprentices too weak, unable, and unskillful in the work, with the care
of goods and lives of passengers. Later amendment required that
apprentices be age 14 to 20 and that there be no more than 40
passengers, with the penalty of transportation if there were over 40 and
one drowned.
No boat on the Thames River could be used for selling liquors, tobacco,
fruit, or gingerbread to seamen and laborers because such had led to
theft of ropes, cables, goods, and stores from the ships. Excepted were
boats registered at the guilds of Trinity and of St. Clement, but they
had to show their owner's name and could only operate in daylight hours.
The penalty was forfeiture of the boat.
All ships coming from places infected with the plague had to be
quarantined and any person leaving a quarantined ship had to return and
later forfeit 20 pounds, of which 1/3 could go to the informer, the rest
to the poor. This was later raised to 200 pounds and six months in
prison, and if the person escaped, he was to suffer death. Also later, a
master of a ship coming from infected places or having infected people
on board was guilty of felony and forfeited 200 pounds. If he did not
take his vessel to the quarantine area on notice, he forfeited a further
200 pounds (later 500 pounds) and the ship, which could then be burned.
The king was authorized to prohibit commerce for one year with any
country infected by the plague and to forbid any persons of the realm
from going to an infected place.
By 1714, there was a clear distinction between a king's private income
and the Crown's public revenue. From 1714, the king's Treasurer as a
matter of routine submitted annual budgets to Parliament. He was usually
also the leader of the House of Commons and the Chancellor of the
Exchequer.
Proclamations by the Crown were more restricted to colonial and foreign
affairs, to executive orders, and to instructions to officials. The high
offices included the Chancellor, Keeper, President of the Council, Privy
Seal, Treasurer, and two Secretaries of State, who were in charge of all
foreign and domestic matters other than taxation, one for the north and
one for the south. With Thomas More, the Chancellor had become more of
a judge and less of a statesman. Other offices were: Paymaster General,
Secretary of War, and Treasurer of the Navy. Starting with the monarch,
government positions were given by patronage to friends and relatives,
or if none, to the highest bidder. These offices were usually milked for
fees and employed deputies, clerks, and scribes who worked for long
hours at very modest wages. Most people believed that the offices of
power and influence in the realm belonged to the nobility and gentry as
indubitably as the throne belonged to the king. Assaulting, wounding,
striking, or trying to kill a member of the Privy Council engaged in his
duties was punishable by death without benefit of clergy. Civil and
military commissions, patents, grants of any office or employment,
including Justice of Assize, Justice of the Peace, court writs, court
proceedings continued in force for six months after a king's death,
unless superceded in the meantime.
The king's ministers were those members of his Privy Council who
carried out the work of government. By distributing patronage, the
ministers acquired the influence to become leading members of the House
of Commons or the House of Lords. They made policy, secured the king's
consent, and then put through the necessary legislation. The king was to
act only through his ministers and all public business was to be
formally done in Privy Council with all its decisions signed by its
members. The king gradually lost power. The last royal veto of a
Parliamentary bill was in 1708. By 1714, the Privy Council ceased making
decisions of policy. Instead a cabinet not identified with any
particular party was chosen by the Queen, who presided over their
meetings, which were held every Sunday. It dealt with Parliament. In
1720, the number of peers in the House of Lords was fixed, so that the
Crown could create no more. About 1720, Robert Walpole, son of a country
squire, who came to be first minister of the Crown and the leader of the
Whigs, organized the cabinet so that it was of one view. He led it for
twenty years and thus became the first prime minister. He was brilliant
at finance and lessened taxation. He restored trust in the government
after the South Sea bubble scandal. He was successful in preserving the
peace with other nations and providing stability in England that led to
prosperity. The Whigs opposed a standing army and over-reaching
influence of the Crown. They espoused the liberty of individual
subjects. Their slogan was "liberty and property". They generally
favored foreign wars.
Members of the Parliament felt responsible for the good of the whole
country instead of accounting to their electors, but self- interest also
played a part. Leading commercial magnates of the realm sought to be
members of Parliament or governors of the Bank of England so they could
take up government loans at advantageous rates, snap up contracts to
supply government departments at exorbitant prices, and play an
important part in deciding what duties should be charged on what goods.
About 5% of the population could vote. Voting was open, rather than by
secret ballot. Seats in Parliament could normally be bought either by
coming to an arrangement with some landowner who had the right to
nominate to a closed seat or by buying enough votes in constituencies
where the electorate was larger and the contest more open. Factory
owners and leading landowners sat together on committees drawing up
plans for public works such as canal building, obtained the necessary
permits from public authorities and organized the whole enterprise. In
1714, Parliament was allowed to last for seven years unless sooner
dissolved by the king because of the expense and tumult of elections,
which frequently occasioned riots, and sometimes battles in which men
were killed and prisoners taken on both sides. Politics had become a
career. Members of Parliament could not be arrested while Parliament was
in session.
As of 1710, electees to the Commons had to have 600 pounds annual
income for knights or 300 pounds annually for burgesses. This did not
include the eldest son or heir apparent of any peer or lord of
Parliament or any person with the above qualifications. The universities
were exempted.
As of 1729, a person electing a member of the Commons had to swear or
affirm that he had not received any money, office, employment, or reward
or promise of such for his vote. If he swore falsely, it was perjury and
he was to forfeit 500 pounds and his right to vote. Later, voters for
member of Parliament had to have residence for a year. Still later,
voters were required to have been freemen of the city or town for one
year or else forfeit 100 pounds, except if entitled to freedom by birth,
marriage, or servitude according to the custom of such city or town.
Voters were still required to have a freehold of land of 40s. a year
income, but holders of estates by copy of court roll were specifically
precluded from voting or else forfeit 50 pounds.
In 1724, since unauthorized persons had intruded into assemblies of
citizens of London and presumed to vote therein, the presiding officer
appointed clerks to take the poll and oath required for elections for
Parliament, mayor, sheriffs, chamberlains, bridgemasters, and auditors
of chamberlains. The oath was that one was a freeman of London, a
liveryman of a certain named company, had been so for 12 months, and had
named his place of abode. The oath for alderman or common council
elections was that the voter was a freeman of London and a householder
in a named ward who had paid scot of at least a total of 30s. and bore
lot. A list of the voters and of persons disallowed was given to
candidates by the presiding officer.
Soldiers could not be quartered within 20 miles of a place of election
so that the election was kept free.
Voters in public corporations must have held their stock for six months
before voting them to discourage splitting stock and making temporary
conveyances thereof to give certain people more of a vote, e.g. in
declaring dividends and choosing directors.
Ambassadors were made immune from arrest, prosecution and imprisonment
to preserve their rights and privileges and protection by the Queen and
the law of nations.
The Supporters of the Bill of Rights Society was founded and paid
agents to give speeches throughout the country and used the press for
its goals.
James Burgh demanded universal suffrage in his 1773 book: "Political
Disquisitions".
In 1707 there was union with Scotland, in which their Parliaments were
combined into one. The country was known as Great Britain. The last
Scottish rebellion resulted in attainder of its leaders for levying war
against the king. In 1746, they were given the chance to surrender by a
certain date, and receive a pardon on condition of transportation. In
1747, anyone impeached by the Commons of high treason whereby there
could be corruption of the blood or for misprison of such treason could
make his defense by up to two counsel learned in the law, who were
assigned for that purpose on the application of the person impeached. In
1748, counsel could interrogate witnesses in such cases where testimony
of witnesses were not reduced to writing.
There was a steady flow of emigrants to the American colonies,
including transported convicts and indentured servants. Delaware became
a colony in 1703. In 1729, the king bought Carolina from its seven
proprietors for 2,500 pounds apiece. Person having estates, rights,
titles, or interest there, except officers, were allowed by Parliament
to sue the king with the court establishing the value to be paid, but no
more than at a rate of 2,500 pounds per 1/8 of the property. Georgia was
chartered in 1733 on request of James Oglethorpe, who became its first
governor, as a refuge for debtors and the poor and needy. It established
the Episcopal Church by law. In 1730 Carolina and 1735 Georgia were
allowed to sell rice directly to certain lands instead of to England
only. Later, sugar was allowed to be carried directly from America to
European ports in English ships without first touching some English
port. Foreigners who had lived in the American colonies for seven years,
and later foreigners who served two years in the royal army in America
as soldiers or as engineers, were allowed to become citizens of Great
Britain on taking oaths of loyalty and Protestantism. This included
Quakers and Jews. The Jews could omit the phrase "upon the true faith of
a Christian."
In 1756, indentured servants in America were allowed to volunteer as
soldiers in the British army serving in America. If his proprietor
objected, the servant was to be restored to him or reasonable
compensation given in proportion to the original purchase price of his
service and the time of his service remaining.
There was much competition among countries for colonies. Quebec and
then Montreal in 1760 in Canada were captured from the French. About
1768 James Cook discovered New Zealand and Australia; his maps greatly
helped future voyages. The English East India Company took over India as
its Mogul Empire broke up.
Manufacturing in the American colonies that would compete with British
industry was suppressed by Great Britain. There were increasing duties
on goods imported into the colonies and restrictions on exports. In
1763, Parliament imposed duties on foreign imports going to America via
Britain: to wit, sugar, indigo, coffee, certain wines, wrought silks,
calicoes, and cambrick linen. Foreign vessels at anchor or hovering on
colonial coasts and not departing within 48 hours were made liable to be
forfeited with their goods. Uncustomed goods into or prohibited goods
into or out of the colonies seized by customs officials on the ship or
on land and any boats and cattle used to transport them occasioned a
forfeiture of treble value, of which 1/3 went to the king, 1/3 went to
the colonial governor, and 1/3 went to the suer. Any officer making a
collusive seizure or other fraud was to forfeit 500 pounds and his
office. In 1765, there was imposed a duty on papers in the colonies to
defray expenses of their defense by the British military. The duty on
every skin, piece of vellum [calf skin] or parchment, and sheet of paper
used in any law court was 3d.- 2 pounds. There were also duties on
counselor or solicitor appointments of 10 pounds per sheet. Duties
extended to licenses for retailing spirituous liquors and wines, bonds
for payment of money, warrants for surveying or setting out of any
lands, grants and deeds of land, appointments to certain civil public
offices, indentures, leases, conveyances, bills of sale, grants and
certificates under public seal, insurance policies, mortgages,
passports, pamphlets, newspapers (about 1s. per sheet), advertisements
in papers (2s. each), cards, and dice. The papers taxed were to carry a
stamp showing that the duties on them had been paid. Parliament thought
the tax to be fair because it fell on the colonies in proportion to
their wealth. But the colonists saw this tax as improper because it was
a departure from the nature of past duties in that it was an "internal
tax". All of the original thirteen American colonies had adopted Magna
Carta principles directly or indirectly into their law. The stamp duties
seemed to the colonists to violate these principles of liberty. Patrick
Henry asserted that only Virginia could impose taxes in Virginia.
Schoolmaster and lawyer John Adams in Massachusetts asserted that no
freeman should be subject to any tax to which he had not assented. In
theory, colonists had the same rights as Englishmen per their charters,
but in fact, they were not represented in Parliament and Englishmen in
Parliament made the laws which affected the colonists. They could not be
members of the House of Lords because they did not have property in
England. There were demonstrations and intimidation of stamp agents by
the Sons of Liberty. Merchants agreed to buy no more goods from England.
The stamp duty was repealed the same year it had been enacted because it
had been "attended with many inconveniences and may be productive of
consequences greatly detrimental to the commercial interests of these
kingdoms".
To counter the wide-scale running of goods to avoid the customs tax,
the customs office was reorganized in 1766 to have commissions resident
in the colonies and courts of admiralty established there to expedite
cases of smuggling. This angered the colonists, especially Boston.
Boston smuggling had become a common and respectable business. It was
the port of entry for molasses from the West Indies from which New
England rum was made and exported. The entire molasses trade that was
essential to the New England economy had been built upon massive customs
evasions; royal customs officials had participated in this by taking
only token customs for the sake of appearance in London and thereby had
become rich.
In 1766 Parliament imposed a duty of 3d. per pound weight on tea and
duties on reams of paper, glass, and lead into the colonies. These
import duties were presented as external rather than internal taxes to
counter the rationale the colonies gave against the stamp tax. But these
items were of common use and their duties raised the cost of living. The
king's customs officials were authorized to enter any house, warehouse,
shop, or cellar to search for and seize prohibited or uncustomed goods
by a general writ of assistance.
These writs of assistance had been authorized before and had angered
Bostonians because they had been issued without probable cause. In
Paxton's case of 1761, the Massachusetts Superior Court had declared
legal the issuance of general writs of assistance to customs officers to
search any house for specific goods for which customs had not been paid.
The authority for this was based on the Parliamentary statutes of 1660
and 1662 authorizing warrants to be given to any person to enter, with
the assistance of a public official any house where contraband goods
were suspected to be concealed, to search for and seize those goods,
using force if necessary. They were called "writs of assistance" because
the bearer could command the assistance of a local public official in
making entry and seizure. A "general" writ of assistance differed from a
"special" writ of assistance in that the latter was issued on a one-time
basis. The general writ of assistance in Boston was good for six months
after the death of the issuing sovereign. Authority relied on for such
writs was a 1696 statute giving customs officers in the colonies the
same powers as those in England, a 1699 act by the Massachusetts
Provincial Legislature giving the Superior Court of Massachusetts the
same such power as that of the Exchequer, and the Massachusetts'
Governor's direction about 1757 to the Massachusetts Superior Court of
Judicature to perform the function of issuing such warrants. The
Massachusetts court issued them in the nature of the writs of assistance
issued from the Exchequer court in England, but had issued them
routinely instead of requiring the showing of probable cause based on
sworn information that the Exchequer court required. Few judges in the
other American colonies granted the writ.
Seditious libel trials in England and the colonies were followed
closely and their defendants broadly supported. John Wilkes, a member of
the House of Commons, published a criticism of a new minister in 1763.
He called King George's speech on a treaty "the most abandoned instance
of ministerial effrontery ever attempted to be imposed on mankind".
After being found guilty of seditious libel, he again ran for the House
of Commons, and was repeatedly elected and expelled. He was subsequently
elected alderman, sheriff, and mayor of London. In 1770, Alexander
MacDougall was voted guilty of seditious libel by the New York Colonial
Assembly for authoring a handbill which denounced a collusive agreement
by which the assembly voted to furnish supplies for the British troops
in New York in exchange for the royal governor's signature to a
paper-money bill. When he was arrested, the Sons of Liberty rallied to
his support, demanding freedom of the press. Benjamin Franklin's brother
had been imprisoned for a month by the Massachusetts assembly for
printing in his newspaper criticisms of the assembly. He was forbidden
to print the paper. Benjamin supported him by publishing extracts from
other papers, such as "Without freedom of thought, there can be no such
thing as wisdom; and no such thing as public liberty without freedom of
speech... Whoever would overthrow the liberty of a nation must begin by
subduing the freeness of speech; a thing terrible to public traitors."
By statute of 1766, the New York house of representatives was
prohibited from meeting or voting until they provisioned the King's
troops as required by law.
In 1769, Harvard College seated its students in class in alphabetical
order instead of by social rank according to birth.
By 1769, the colonies' boycott of British goods in protest of the new
duties cause these imports to decline so much that British merchants
protested. So the duties were dropped, except for that on tea, which was
retained as a matter of principle to assert the power of the crown to
tax the colonies. Then in 1773 the East India Company was allowed to
sell tea directly to the colonies to help it avoid bankruptcy. The
effect of this was to lower the cost of tea in the colonies by avoiding
the English middleman, and the American middleman, but also to give the
East India Company a monopoly. The colonies felt threatened by this
power of Britain to give monopolies to traders. When the tea ships
arrived in Boston in late 1773, Bostonians held a town meeting and
decided not to let the tea be landed. They threw this cargo of tea,
worth about 18,000 pounds, overboard. This Boston Tea Party was a direct
challenge to British authority. In response, Parliament closed the port
of Boston until compensation was made to the East India Company. By
statute of 1774, no one was to enter or exit the port of Boston or else
forfeit goods, arms, stores, and boats that carried goods to ships.
Every involved wharf keeper was to forfeit treble the value of the goods
and any boats, horses, cattle, or carriages used. Ships hovering nearby
were to depart within six hours of an order by a navy ship or customs
officer or be forfeited with all goods aboard, except for ships carrying
fuel or victuals brought coastwise for necessary use and sustenance of
inhabitants after search by customs officers, and with a customs
official and armed men for his defense on board. This statute was passed
because of dangerous commotions and insurrections in Boston to the
subversion of the king's government and destruction of the public peace
in which valuable cargoes of tea were destroyed. Later, the Governor was
given the right to send colonists or magistrates charged with murder or
other capital offenses, such as might be alleged to occur in the
suppression of riots or enforcement of the revenue laws, to England or
another colony for trial when he opined that an impartial trial could
not be had in Massachusetts Bay. A later statute that year altered the
charter of Massachusetts Bay province so that the choice of its council
was transferred from the people to the King to serve at his pleasure,
and the appointment and removal of judges and appointment of sheriffs
was transferred to the Governor to be made without the consent of the
council. This was due to the open resistance to the execution of the
laws in Boston. Further, no meeting of freeholders or inhabitants of
townships was to be held without consent of the Governor after
expressing the special business of such meeting because there had been
too many meetings that had passed dangerous and unwarranted resolutions.
Also, jurors were to be selected by sheriffs rather than elected by
freeholders and inhabitants.