of Massachuseetts. King George thought that the colonists must be
reduced to absolute obedience, even if ruthless force was necessary. The
people of Massachusetts were incensed. They were all familiar with the
rights of Magna Carta since mandatory education taught them all to read
and write. Mandatory education every township of fifty households had to
appoint one person to teach all children to read and write. Every one
hundred families had to set up a grammar school.) The example in
Massachusetts showed other colonies what England was prepared to do to
them. Also disliked was the policy of restricting settlement west of the
Allegheny mountains; the take over of Indian affairs by royal
appointees; the maintenance of a standing army of about 6,000 men which
was to be quartered, supplied, and transported by the colonists; and
expanded restrictions on colonial paper currencies.
The Virginia House of Burgesses set aside the effective date of the
port bill as a day of prayer and fasting, and for this was dissolved by
its governor. Whereupon its members called a convention of delegates
from the colonies to consider the "united interests of America". This
congress met and decided to actively resist British policy. As
opposition to British rule spread in the colonies, a statute was passed
stating that because of the combinations and disorders in Massachusetts,
New Hampshire, and Connecticut, and Rhode Island to the destruction of
commerce and violation of laws, these inhabitants should not enjoy the
same privileges and benefits of trade as obedient subjects and that
therefore no goods or wares were to be brought from there to any other
colony, and exports to and imports from Great Britain were restricted,
on pain of forfeiting the goods and the ship on which they were laden.
There vessels were restricted from fishing off Newfoundland. These
conditions were to be in force until the Governors were convinced that
peace and obedience to laws was restored. Later in 1775, these trade
restrictions were extended to New Jersey, Pennsylvania, Maryland,
Virginia, and South Carolina. In 1776, since all the thirteen colonies
had assembled an armed force and attacked British forces, these trade
restrictions were extended to Delaware, New York, Georgia, and North
Carolina and expanded to prohibit all trade during the present rebellion
to prevent assistance to them. War had started; the new rifle was used
instead of the musket.
By statute of 1775, anyone harboring of army or marine deserters in the
colonies forfeited 5 pounds Anyone persuading a soldier or marine to
desert drew a forfeiture of 40 pounds or else up to six months in prison
without bail and one hour in the pillory on market day.
Bounties were made available to vessels from and fitted out in Great
Britain for Newfoundland fishing.
Any shipmaster carrying as passengers any fisherman, sailor, or
artificer to America forfeited 200 pounds because such men had been
seduced from British fishing vessels in Newfoundland, to the detriment
of the fishing industry.
The many years of significant achievements of the colonists, such as
taming the wilderness and building cities, had given them confidence in
their ability to govern themselves. The average colonial family had a
better standard of living than the average family in England. Many of
its top citizenry had reached their positions by hard work applied to
opportunities for upward mobility. With the confidence of success, the
American colonies in 1776 declared their independence from Britain,
relying on the principles stated by John Locke and Jean Jacques Rousseau
that man was naturally free and all men equal, and that society was only
created with their consent. Issac's Newtons's unified laws of the
universe had contributed to this idea of a natural law of rights of men.
Thomas Jefferson wrote a Declaration of Independence which listed the
colonies' grievances against the Crown which reiterated many of the
provisions of the Petition of Right and Bill of Rights, specifically
dispensing with and suspending laws, maintaining a standing army and
quartering troops without legislative consent, imposing arbitrary
taxation, encouraging illegal prosecutions in strange courts, and
corrupting the jury process. It was adopted about July 4, 1776.
Thereafter, the American colonies did not follow English law. Past
English law became the legal heritage of the United States of America.
- The Law -
Anyone who feloniously steals or aids in the stealing of goods, wares,
or merchandise over 5s. from a shop, warehouse, coach house, or stable,
by night or by day, whether the owner is present or not, whether there
is a break in or not, may not have benefit of clergy.
Anyone stealing goods of 40s. worth from a ship on any river or in any
port or creek or from any wharf may not have benefit of clergy.
Anyone receiving or buying goods they know to be stolen or who harbors
or conceals any burglars, felons, or thieves knowing them to be such
shall be taken as accessory to the felony and shall suffer death as
punishment if the principal felon is convicted.
A person taking money or reward for helping any other person to stolen
goods or chattels is guilty of felony unless he brings the thief to
trial.
As of 1717, any person convicted of grand or petit larceny or any
felonious stealing or taking of money, goods, or chattels, either from
the person or from the house of any person who is entitled to benefit of
clergy and who is liable only to whipping or burning in the hand may
instead be transported to the American colonies to the use of any person
who will pay for his transportation for seven years. Any person
convicted of an offense punishable by death and without benefit of
clergy and buyers and receivers of stolen goods may be given mercy by
the king on condition of transportation to any part of America to the
use of any person who will pay for his transportation, for fourteen
years or other term agreed upon. Returning before the expiration of the
term is punishable by death.
Anyone assaulting another with an offensive weapon with a design to rob
may be transported for seven years.
Any person armed with swords, firearms, or other offensive weapons and
having their faces blackened or otherwise being disguised, who appears
in any forest, park, or grounds enclosed by a wall or fence wherein deer
are kept (including the king's deer) or in any warren or place where
hares or conies are kept or in any high road, open heath, common, or
down, or who unlawfully hunts, wounds, kills, or steals any deer or
steals any hare or rabbit or steals any fish out of any river or pond or
who unlawfully and maliciously breaks down the head or mound of any fish
pond, causing the loss of fish, or who unlawfully and maliciously kills,
maims, or wounds any cattle, or who cuts down any trees planted in any
avenue or growing in any garden or orchard for ornament, shelter, or
profit, or who sets fire to any house, barn or out house [outer
building], hovel, or stack of grain, straw, hay or wood, or who
willfully and maliciously shoots any person in any dwelling house or
other place, or who sends any letter with no signature or a fictitious
signature, demanding money, venison, or other valuable thing, or who
forcibly rescues any person lawfully in custody for any of these
offenses, or who procures others by gift or promise of money or other
reward to join with him in any such unlawful act is guilty of felony and
shall suffer death without benefit of clergy. Persons abetting them are
also guilty of felony and shall suffer death without benefit of clergy.
Attainder shall not work corruption of the blood, loss of dower, or
forfeiture of lands, goods, or chattel. The persons sustaining damages
can recover 200 pounds or less from the hundred, with inhabitants paying
proportionately, unless one of the offenders is convicted within six
months. If other hundreds have not diligently followed the hue and cry,
they shall pay half such damages. In 1735, it was required that there be
notice to the constable or other officer or tythingman and public notice
in the London Gazette describing the robbery, offenders, and goods taken
before the hundred had to pay damages. Also, it did not have to pay
damages if one offender was apprehended with 40 days of publication in
the London Gazette, but did have to pay the apprehender 10 pounds. In
1754 was also included letters threatening killing people or burning
houses, barns or stacks of grain, hay, or straw, without any demand.
Also, persons who rescued such offenders from gaol were given the same
penalty.
Later, persons obtaining money or goods by false pretenses with an
intent to defraud or cheat or sending a letter without a true signature
threatening to accuse any person of a crime with an intent to extort
money or goods, are punishable by fine and prison, pillory, or whipping
or transportation for seven years.
Later, no person may recover more than 200 pounds after a hue and cry
unless there are at least two witnesses to the robbery.
No one may advertise a reward for return of things stolen or lost with
no questions asked, because this has resulted in thefts and robberies.
Anyone stealing sheep or cattle or parts thereof is a felon and shall
suffer death without benefit of clergy.
Persons who steal or aid in stealing any lead, iron bar, iron gate,
palisade, or iron rail fixed to any house or its outhouses, garden,
orchard, or courtyard is guilty of felony and may be transported for
seven years. In 1756 also included was copper, brass, bell-metal, and
solder; buyers and receivers; and mills, warehouses, workshops, wharves,
ships, barges, and other vessels. Search warrants were authorized in
case of suspicion. Officers and solicited buyers and receivers were
required to take persons who at night were reasonably suspected of
having or carrying such items, to an accounting before a Justice of the
Peace. Also a notice was put in the newspaper for any owners to claim
such. If the person did not give a satisfactory account of the items, he
was guilty of a misdemeanor punishable by forfeiture of 2 pounds or
prison up to one month for the first offense, 4 pounds or prison for two
months for the second offense, and 6 pounds or prison for any subsequent
offense (without bail). An officer or solicited buyer or receiver who
did not take a suspect to a Justice of the Peace was punishable by the
same penalties except the amounts of forfeiture were 1 pound, 2 pounds,
and 4 pounds respectively. A felon who brought two buyers or receivers
to justice was to be pardoned.
A description of any goods and the appearance of a rogue or vagabond or
idle and disorderly person shall be advertised in a public paper for
identification by the owner as stolen.
Pawning goods without consent of the owner is punishable by forfeiture
of 20s. or hard labor for fourteen days with whipping there.
Maliciously destroying river banks resulting in lands being overflowed
or damaged is a felony for which one shall suffer death without benefit
of clergy. Later, transportation for seven years was made an
alternative.
The punishment for forgery or counterfeiting or assisting in such or
claiming a counterfeit item is good while knowing that it is not, with
an intent to defraud is death without benefit of clergy. The punishment
for perjury or subordination of perjury is hard labor in the House of
correction for up to seven years or transportation for up to seven
years. The punishment for altering numbers on bills of exchange or other
payment papers is death.
It is high treason to counterfeit the coinage. A person who tenders
coin, knowing it to be false, shall spend six months in prison and
acquire sureties for good behavior for the next six months. If he
offends again, he shall spend two years in prison and acquire sureties
for good behavior for the next two years. The third offense is felony
without benefit of clergy.
In 1773, making or possessing any frame, mould, or instrument for
forging paper notes of the Bank of England and putting this
identification thereon is felony with penalty of death without benefit
of clergy. Anyone who forges promissory notes, bills of exchange, or
inland bills of the Bank of England by engraving or etching on metal or
wood "Bank of England" or "Bank Post Bill" shall go to gaol for up to
six months.
Anyone selling gold or silver ware, vessel, plate or other item large
enough to be marked which has not been marked by its maker shall forfeit
10 pounds or be kept at hard labor up to six months. Anyone
counterfeiting such mark shall forfeit 100 pounds. Later, vendors of
these items were required to be licensed and the penalty for
counterfeiting was raised to felony for which one shall suffer death
without benefit of clergy. Later still, transportation for fourteen
years was allowed as an alternative. If an item was not all silver, e.g.
had metal underneath, 100 pounds was to be forfeited.
In 1769, receivers of stolen jewels and gold and silver plate and
watches knowing them to be stolen, in cases of burglary and highway
robbery, were subject to transportation for 14 years.
Anyone who willfully and maliciously set on fire any mine or pit of
coal is guilty of felony and shall suffer death without benefit of
clergy. Anyone who willfully and maliciously floods a coal work, mine
pit or who makes underground cavities or passages with intent to destroy
or damage such, or obstructs any sough or sewer made for draining such,
which has been held in common for 50 years, shall forfeit treble
damages. This is to deter these offenses, which have been done to
enhance the price of coals and gain a monopoly thereof.
If twelve or more people who riotously and tumultuously assemble and
disturb the peace, do not disburse within an hour of an order to
disburse by a justice or sheriff or mayor, they shall be deemed felons
without benefit of clergy. Any people pulling down or destroying a
church, dwelling house, barn, stable, or other out house; any mill; any
engine used for draining water from any coal, lead, tin, or copper
mines, or for drawing coals from mines; or bridge, wagon, or fences used
in such industry will be deemed felons without benefit of clergy and may
be transported for seven years. The cost of repair is to be borne by the
hundred or town.
The earlier statute that substituted burning in the cheek for burning
in the hand is repealed because this not only did not deter offenders,
but on the contrary, made them unfit for honest livelihoods and
therefore more desperate. Those convicted of theft or larceny shall be
burnt in the hand and may be kept at hard labor in a House of Correction
for 2-24 months, without bail.
Anyone stealing goods off shipwrecks, or putting out a false light to
bring a ship to danger, or beating or wounding with an intent to kill or
otherwise obstructing a person escaping from the ship to save his life
shall suffer death without benefit of clergy. Except that good of small
value taken without violence shall be punished as petit larceny. The
houses of suspect people may be searched by warrant. If there are goods
found or if people are found offering goods to sell, they may be ordered
by a justice to give an account of these goods. If the account is not
satisfactory, the punishment is forfeiture of treble their value or six
months in prison. A reasonable reward may be given to the discoverer.
Anyone assaulting a magistrate or officer involved in salvage work shall
be transported for seven years.
Armed persons up to three in number assembled to assist in illegal
exporting or running, landing, or carrying away prohibited or uncustomed
goods, and any person apprehended by any revenue officer, and anyone
with his face blackened or masked who obstructs, assaults, opposes, or
resists any revenue officer seizing such goods, or who shoots at or
maims or wounds any revenue officer attempting to go on any ship shall
suffer death as felons without benefit of clergy or serve as commons
sailors in the navy for at least one year. Harborers of such offenders
will be transported for seven years. The hundreds shall pay 100 pounds
for each revenue officer killed, and up to 40 pounds for each one
beaten, wounded, or maimed, and damages up to 200 pounds for goods,
unless an offender is caught and convicted in six months. There is a
reward of 500 pounds to an apprehender, and 50 pounds for an attempt to
apprehend in which one loses a limb or eye or is maimed or wounded, and
100 pounds to his family if he is killed. An offender who brings two of
his accomplices to justice will be acquitted and rewarded 50 pounds for
each such accomplice. Later, an incentive was given to customs officers
to have a portion of the proceeds of the sale of such goods seized by
them, such as 2/3 for wrought silks and calicoes, and 1/3 for tea,
coffee, foreign brandy, and rum. Still later, any person could seize
wrought silk, including ribbons, laces, and girdles containing it, from
the importer or retailer, and the importer was to forfeit 100 pounds,
and any import assistants 50 pounds, and retailers or concealers 50
pounds, with one half going to the suer. Also, the goods were to be
publicly burnt. Still later, the penalty was increased to forfeiture of
200 pounds for all offenders, but not including wearers, and the goods
were to be publicly sold for export rather than burnt. Then the import
of silk stockings, silk mitts, and silk gloves was prohibited for the
support of the English silk industry. Retailers, sellers, and concealers
of such were to forfeit the goods and 200 pounds. Search warrants could
be issued. In 1765, importers, sellers, and manufacturing users of most
foreign wrought silks or velvets were to forfeit the goods and 100
pounds. The goods were sold for export with the proceeds going 1/2 to
the king, and 1/2 to the seizing officer. The wearer was not liable. The
burden of proof of the place of manufacture was on the person prosecuted
rather than on the prosecutor. Persons breaking into houses or shops to
destroy any wool or silk being made or tools or racks used shall suffer
death as felons, to prevent combinations of workmen. In 1768, bounties
were made available to American exporters of raw silk to Great Britain,
whose climate was not conducive to the growing of mulberry trees on
which silk worms feed. In 1774, cotton printed, stained, or dyed that
has been manufactured in Great Britain may be worn and used, but must
have a mark woven in the warp that it was manufactured in Great Britain.
Persons importing other such cloth shall forfeit it and ten pounds per
piece. Persons selling such with a counterfeit stamp with an intent to
defraud shall suffer death without benefit of clergy. The protective
measures for English silk manufacture did not work well.
Any pirate, accessory to piracy, commander or master or other person of
any ship or vessel who trades with a pirate or furnishes him with
ammunition or provisions of fits out a ship to trade with pirates shall
suffer death and loss of lands, goods, and chattels. Seamen maimed in
fighting pirates may be admitted into Greenwich Hospital. (This hospital
received support from duties paid by vessels of the realm and of the
colonies.) Masters or seamen not fighting shall forfeit their wages and
spend 6 months in prison if the ship is taken. Masters shall not advance
to any seamen above half his wages since deserting is the chief occasion
of their turning into pirates.
In London penalties for crimes against property rose so that by 1740, a
child could be hanged for stealing a handkerchief worth 1s. from a
person's body.
Trade and the economy boomed in time of war, buttressed by the
increased production in the coal, iron, steel, shipbuilding, and cloth
industries. But peace brought depression and much misery, including the
imprisonment of many debtors. When very many were imprisoned, statutes
allowed release on certain conditions. After assets were paid to
creditors in proportion to the amounts owed to them, debtors could be
discharged from prison if they owed no party more than 100 pounds (later
no restriction and still later, 50 pounds, and even later, 500 pounds,
and in 1772, 1000 pounds, and in 1774, 2000 pounds) and take an oath
that they have less than 10 pounds (20 in 1772) worth of property
(including 40s. in money in 1774), because there were so many debtors in
prison who were impoverished by war losses and other misfortunes in
trades and professions, and were totally disabled from paying their
creditors, and they and their families either starved or became a burden
to their parishes and became an occasion of pestilence and other
contagious diseases. Exempted were those debtors for whom there was an
objection by one of their creditors who paid for the maintenance of that
debtor in prison. Prisoners discharged were also discharged from chamber
[cell] rent and gaolers' fees, but not from their debts to creditors.
During war, no male prisoner could be discharged unless he enlisted in
the royal army or navy until the end of the war. In 1774, the discoverer
of any asset of a debtor not listed by that debtor was to receive a
reward of 20 pounds per hundred, and anyone concealing an asset of a
debtor was to forfeit 100 pounds as well as double the value of the
asset.
A person declared bankrupt shall subsequently be examined from time to
time as to their goods, money, or other effects or estate to prevent the
frauds frequently committed by bankrupts. A default or willful omission
shall be deemed felony without benefit of clergy.
A bankrupt or other person concealing goods to the value of at least 20
pounds or his books with intent to defraud is a felony without benefit
of clergy.
A debtor refusing to come to court for examination or hiding assets of
more than 20 pounds is guilty of felony and his goods and estate shall
be divided among his creditors.
Later, a bankrupt coming to an examination was allowed to keep 5 (or 7
1/2 or 10) pounds per 100, up to a maximum of 200 (or 250 or 300,
respectively) pounds if he paid his creditors 10s. (or 12s.6d. or 15s.
respectively) per pound. His future estate was still liable to
creditors, excepting tools of trade, necessary household goods, bedding,
furniture, and wearing apparel of the family up to 10 pounds, if it
could pay every creditor 15s. per pound. If he didn't pay this, he could
be imprisoned. Bankrupts excepted from the benefits of this act are
those who lost 5 pounds in any one day or 100 pounds in the preceding
year from gambling or wagers.
No goods or chattels on lands or tenements which are leased for life or
lives or term of years or at will or otherwise "shall be liable to be
taken by virtue of any Execution on any pretence whatsoever unless the
party at whose suit the said Execution is sued out shall before the
removal of such goods from off the said premises by virtue of such
Execution or Extent pay to the landlord" all money due as rent. If the
lessee fraudulently or clandestinely conveys or carries off his goods or
chattels with intent to deprive the landlord or lessor from distraining
the same for arrears of such rent, the lessor or landlord may, within
five days, seize such goods and chattels as a distress for the arrears
of rent and may sell them as if actually distrained on the premises.
Every person under 21 and every woman-covert who is entitled by descent
or will to be admitted tenants of any copyhold lands or hereditaments
may be ordered to appear by a guardian or attorney to be compelled to be
so admitted and to pay such fines as are owing by the lands. If one is
so admitted, but does not pay, the lord may enter the lands and receive
its rents, but not sell timber, until the fine and costs are satisfied,
after which the land is to be given back and may not be forfeited to the
lord.
Tenants holding over any lands after their term expired and after
demand for possession was made shall pay double the yearly value of such
to the landlord. The landlord may reenter and eject a tenant if rent is
in arrears for 1/2 year.
Landlords may distrain within 30 days and sell goods and chattels
fraudulently or clandestinely carried off the premises by renters in
arrears of rent. This applies to goods sold to others privy to the
fraud. They may use force if necessary to break open houses upon giving
a Justice of the Peace reasonable grounds to suspect and to break open
other buildings in the presence of a constable. The renter is to forfeit
double the value of such. The landlord may distrain the renter's cattle
on any common or any growing grain, roots, or fruit. Attornments of
renters made to strangers who claim title and turn the landlord out of
possession are void.