The commander of the British troops in North America was made Governor

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.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 63 / 67 段