No sheep, wool, woolfells, shearlings, yarn, fuller's earth, or

fulling clay may be exported as has secretly been done, so that

the poor of the realm may have work.

Fishermen may sell their fish to others than Fishmongers at

Billingsgate fish market because the Fishmongers have forestalled

the market and set their own prices. The buyers of such fish may

resell them in any other London market by retail, except than only

Fishmongers may sell in shops or houses.

No tanned or untanned skin or hide of any ox, steer, bull, cow, or

calf may be exported because the price of leather has risen

excessively and leather workers can't get enough raw material to

carry on their trade and because poor people cannot afford leather

items they need.

The newly incorporated Company of Silk Throwers (drew the silk off

the cocoon) employs many of the poor, but others practice the

trade, so an apprenticeship of seven years is required to practice

the trade in the realm. Winders or doublers who purloin or

embezzle and sell silk from the thrower who employs him and the

buyer of such silk shall make such recompense as ordered by a

Justice of the Peace or be whipped or set in the stocks for the

first offense.

The regulation of the Silk Throwers company restricting the number

of spindles to be worked at one time is voided because it has

taken livelihoods away and caused foreign thrown silk to be

imported.

Buttons on garments must be made of silk, mohair, gimp, and thread

and by needle to keep employed the many throwers, twisters,

spinners, winders, and dyers preparing the materials for these

buttons. No button may be made of cloth or wood.

No tobacco maybe grown in England because the colonies would be

discouraged from growing it and the king would not receive customs

from it.

No goods are to be imported to or exported from America, Asia, or

Africa except in English ships, with masters and 3/4 of the

mariners Englishmen. No manufacture of Europe may be imported into

any colony or territory except shipped from England in English

ships manned by Englishmen. As of 1672, if bond is not given for

colonial exports of sugar, ginger, tobacco, cotton, indigo, cacao

nuts, or fustic [tree that yields a yellow dye] and other dye-

woods going to England, a duty must be paid. As of 1696, no

colonial goods are to be imported or exported or carried from

one colony to another, except in ships owned and built in England,

Ireland, or the colonies with the masters and three fourths of the

mariners from such places. These navigation acts were strictly

enforced.

Only persons with lands and tenements or estate worth over 100

pounds per year or having a lease of at least 99 years worth 150

pounds per year and owners and keepers of forests or parks may

have any guns, bows, greyhounds, hunting dogs such as setting

dogs, snares, or other hunting equipment. These persons may kill

hare, pheasants, partridges, and other game. Gamekeepers

authorized by Justices of the Peace may search houses and

outhouses and seize unlawful hunting equipment. If hunting

equipment or game is found in a house without good account to the

Justices of the Peace, they shall impose a fine of 5s. to 20s.,

one-half going to the informer and one-half going to the poor of

the parish.

Anyone killing, hurting, or taking away deer from any forest or

park or other ground without consent of the owner or custodian

shall pay a 20 pound fine. This was later increased to 20 pounds

for hunting deer and 30 pounds for wounding or killing deer, with

the pillory for one hour on market day and gaol for a year without

bail for those who couldn't pay.

Any person privately and feloniously stealing any goods, including

horses, by day or night, in any shop, warehouse, coach stable, or

stable, whether there is a break-in or not, and whether or not the

owner is present, or anyone assisting or hiring such person may

not have benefit of clergy. Any person who apprehends and

prosecutes such person is excused from having to serve in parish

and ward offices. An offender being out of prison who informs

against two other offenders who are convicted is to be pardoned.

Any person convicted of theft or larceny and having benefit of

clergy is to be burnt in the cheek nearest the nose instead of on the hand.

Army officers or soldiers who desert or mutiny shall suffer death

or such other punishment as decided by a court martial of senior

officers rather than the usual form of law, which is too slow.

Seamen not showing up on board after notice shall serve six months

without pay, but shall not suffer as deserters. Seamen do not have

to perform service in the Army.

Pirates may be punished by death and loss of all lands and

chattels. Any person aiding, advising, or concealing pirates may

be likewise punished. Officers and seamen killed or wounded in the

defense of a ship or who seize or destroy pirates may be paid by

the owners an amount up to 2 pounds per 100 pounds of freight as

determined by a group of disinterested merchants and the judge.

The amount due to a man killed will be paid to his widow and

children. This is to be done when the ship arrives in port. Any

person who informs of any combinations or confederacies planning

to run away with or to destroy a ship shall be rewarded by the

commander or master of such 10 pounds for a ship 100 tons or

under, and 15 pounds for a ship over 100 tons. The trial may be in

England or the American colonies, whose authorities may issue

warrants for arrest of alleged pirates. Deserters from ships,

because they often become pirates, shall forfeit all wages.

Masters forcing any man fit to travel to stay on shore or

willfully leaves him behind shall suffer three months in prison

without bail.

Persons may mine for ores on their own land, but must turn it over

to the king who will give compensation for it, including gold,

silver, copper (16 pounds per tun), lead (9 pounds per tun), tin

(40s. per tun), and iron (40s. per tun).

The fine for having, buying, or selling clipped coins is 500

pounds, one-half going to the informer, and one-half going to the

king. The offender shall also be branded in the right cheek with

the letter "R". He shall be imprisoned until he pays the 500

pounds. No hammered coins are lawful. Anyone except a smith in the

king's mint making tools or presses or other machines that can

make counterfeit coins or having such which were stolen from the

mint shall be guilty of high treason.

By statutes of 1660 and 1662, when goods have been carried off

ships without customs being paid, the Chief Magistrate of the

place where the offense was committed or the adjoining place, or

the Lord Treasurer, or a Baron of the Exchequer may, upon oath,

issue out a warrant to any person to enter, with the assistance of

a sheriff, constable or other public official, any house, shop,

cellar, warehouse, or room in the day time where the contraband

goods are "suspected to be concealed", and in case of resistance,

to break open doors, chests, trunks, or other packages and to

seize such goods, provided that if the information whereupon any

house is searched proves to be false, the injured party shall

recover his full damages and costs against the informer by action

of trespass. This was extended to the colonies in 1696.

The penalty for cursing or swearing by a servant, day laborer,

soldier, or seaman is 1s. For others, it is 2s. The fine is

doubled for the second offense, and tripled for the third offense.

If an adult offender can't pay, he shall be put in the stocks for

one hour. If a child offender can't pay, he shall be whipped by

the constable or by a parent in the presence of the constable.

The equity courts are now conceding limited proprietary rights to

married women by enforcing premarital settlements or trust

arrangements that designate certain property as a wife's separate

estate and exempt it from control by the husband. Such

protective devices generally reflected a father's desire to shield

his daughter from poverty and benefited only the landed

aristocracy in practice. Also, husbands are not allowed to punish

and beat their wives as before. But the lower rank of men were

slow to give this up. A wife could have the security of the peace

against her husband. He could restrain her liberty only for gross

misbehavior.

In 1685, the courts ruled that apprenticeships were necessary only

for servants hired by the year, thus exempting most wage laborers.

There were many variations in religious practices for statutes to

address. The Quakers and Baptists were opposed to any state

church. The Independents and Presbyterians accepted the idea of a

state church. The members of the established church and Roman

Catholics adhered to their version the state church as they had

experienced it in the past. Atheism had a bad reputation. In 1662,

the Jews established the first synagogue in London. The Privy

Council recognized their religious status as long as they were

peaceful and obeyed the laws. They engaged in pawn-broking as well

as money-lending.

There were various statutes enacted over the course of time

regarding religion, as follows:

All ministers, school teachers, mayors and other town officials,

including magistrates, were required to take the oaths of

allegiance and supremacy [of the King over the church] or be

removed from office.

A great number of people refused to come to their parish church or

other public place where common prayer and sacraments were

administered and the word of God was preached according to the

established church. The morning and afternoon Sunday services with

sermons, sometimes by guest preachers, continued. So factions and

schisms developed. In response, the king changed the Book of

Common Prayer and its prayers were required by statute in 1662 to

be read by some priest or deacon in all the churches and places of

public worship wherever and whenever there was any preaching or

lecturing. Attendance at one's local parish church was never again

required.

As of 1665, no nonconformist minister, i.e. one who endeavored any

alteration of government either in church or state, was allowed to

live or visit within five miles of any corporate town or any place

where he had acted as minister or else forfeit 40 pounds. Persons

not frequenting the established church were not allowed to teach

in any public or private school or else forfeit 40 pounds.

By statute of 1670, anyone at least sixteen years old who is

present at any assembly, conventile [private meeting of religious

dissidents to pray and expound scripture], or meeting under

pretence of any exercise of religion in other manner than

according to the established Church of England at which there are

at least five persons present shall be fined 5s. for the first

offense and 10s. for the second offense. (This does not include

members of the same household meeting in their home.) Anyone who

preaches or teaches at such a meeting shall pay 20 pounds for the

first offense, and 40 pounds for further offenses. The householder

who permits such a meeting shall pay 20 pounds. A justice or

Justice of the Peace or chief magistrate may break open doors and

enter by force any house or other place where they have been

informed of any such meeting and take persons there into custody

for prosecution. This is to discourage the growing of dangerous

seditious persons under pretence of tender consciences.

Religious nonconformity continued especially among the humble

people. The penal statutes caused hundreds of these nonconformists

to be put in gaol. From time to time, the king would release them

and suspend these laws. Sometimes, Charles II allowed dissenters

to meet in private for worship if they got a license from him.

Religious gatherings grew in numbers, size, and geographical

extent. Dissenters were then allowed by statute to meet behind

locked or barred doors. But they had to pay tithes and could be

prosecuted in the ecclesiastical courts for not doing so. By

statute, all congregations and assemblies for religious worship

had to register with the local bishop or archbishop. Disturbers of

religious worship were required to find two sureties for the

amount of 50 pounds.

Attendance at the established Church of England was never again

required. Nor was preaching or lecturing constrained. Instead, a

statute was passed in 1677 that: Every person shall be pious and

exercise religion publicly and privately on Sunday. No work may be

done or goods sold or else forfeit 5s. or the goods respectively.

No one may travel or else forfeit 5-20s. In a further statute of

1688, because some ease to scrupulous consciences in the exercise

of religion may be an effectual means to unite Protestant subjects

in interest and affection, Protestant nonconformists who took the

oaths (or declaration in the case of Quakers) and a declaration

that they were not Catholic, did not adore the Virgin Mary or any

saint, and did not go to mass were declared not liable for

punishment in any ecclesiastical court by reason of their

nonconformity to the Church of England, except Protestant

dissenters meeting behind locked doors. But payment of tithes and

performance of parish duties were still obligatory. Non-conformist

preachers had to subscribe to the tenets of belief listed in the

first eighteen Articles of Religion, but were exempted from the

articles on expounding inconsistencies in scripture, the

traditions of the church, homilies, and consecration of bishops

and ministers of the Elizabethan statute and the statute on

uniformity of prayers and sacraments of Charles II.

Quakers were active in the countryside. They were about one tenth

of the population and did not believe in a state church. There

were some Quakers schools and some Quaker workhouses to give work

to the poor. For the reason that they met together in large

numbers to the great endangering of public peace and safety and to

the terror of the people, and because they had secret

communications and separated themselves from the rest of the

people and from the usual places of worship, a statute was passed

in 1662, that any Quakers who assembled to the number of five or

more under the pretense of unauthorized religious worship and any

person maintaining that taking an oath before a magistrate was

unlawful and contrary to the word of God or refusing to take a

required oath was to forfeit 5 pounds for the first offense or be

imprisoned for 3 months if he couldn't pay. For the second

offense, the penalty was 10 pounds or imprisonment for 6 months

with hard labor. The third offense required abjuring the realm or

being transported to a plantation of the king beyond the seas. The

policy of Charles II was to allow Quakers to meet undisturbed, to

keep their hats on before magistrates, and to not come to the

parish church. But this policy was only partially adopted in the

country. From 1689, by statute, the Quakers were allowed to affirm

or declare instead of making the customary oath.

Many Presbyterians became Unitarians, who rejected the trinity of

"Father, Son, and Holy Ghost" and doubted the divinity of Jesus,

but accepted revelation. This statute was then passed in 1697: Any

person having been educated in or having at any time made

profession of the Christian religion who, by writing, printing,

teaching, or advised speaking, denies the Holy trinity, asserts

that there is more than one god, or that the Bible is not of

divine authority, shall be disabled for any ecclesiastical, civil,

or military office. The penalty for a second offense is being

disabled from suing or pleading any action in any court, being

guardian of any child, or executor or administrator of any estate,

or receiving any legacy or deed of gift and imprisonment for three

years without bail or mainprize.

Catholicism was always disfavored. Catholic priests were executed

with little evidence. At times, Charles commuted the death penalty

for them to banishment. Sometimes there were effigies of the pope

burned in the streets. Such burnings were later banned. At times

Charles allowed Catholics to attend mass.

By statute of 1672, all civil and military officers and king's

officials must take the oaths of supremacy and allegiance and take

the sacrament of the established Church of England or be incapable

of office. They also had to make a declaration that they believed

that there is not any transubstantiation in the sacrament of the

Lord's Supper, or in the elements of bread and wine, when they

were consecrated. This is to prevent dangers from Papists. As of

1678, no one may be a member of Parliament if he has refused to

take the oaths of allegiance and supremacy and the declaration

that they were not Catholic, did not adore the Virgin Mary or any

saint, and did not go to mass.

Papists were made to pay higher taxes. Every temporal and

spiritual person, corporation, and guild had to pay taxes to

subsidize the king in the amount of 2s.8d. for every pound's worth

of personal property and money. But Papists had to pay 5s.4d. for

such. Persons and corporations having land worth at least 20s.

yearly, had to pay 4s. for every pounds' worth. But Papists and

aliens had to pay 8s. for such.

But Charles' successor, King James II was Catholic and gave many

offices to Catholics. This prompted a reaction against Papists and

more statutes restricting them. After James II was chased out of

England, a statute of 1688 required suspected Papists in London to

make a declaration that they were not Catholic, did not adore the

Virgin Mary or any saint, did not go to mass, or else stay

ten miles outside of London. Excluded were tradesmen and manual

workers, who had only to register. All Papists had to forfeit

their arms and any horse worth more than 5 pounds. Also, no King

or Queen or spouse of such could be a Papist, but had to make the

same declaration as members of Parliament, and join in the

communion of the established Church of England. As of 1696, a

person who was serjeant at law, counsellor at law, barrister,

advocate, attorney, solicitor, proctor, clerk, or notary had to

take the oath of supremacy and allegiance. As of 1698, Papists who

kept a school or tried to educate the young were threatened with

perpetual imprisonment. Also, Popish parents were prohibited from

forcing their children who were inclined towards Protestantism to

become Catholic by refusing them suitable maintenance. As of 1699,

a reward of 100 pounds was offered to any person who apprehended a

Popish bishop, priest, or Jesuit saying mass. Also, no Papist was

allowed to buy land.

- Judicial Procedure -

As of 1679, no man could be held in prison but on a charge or

conviction of crime or for debt. Every prisoner on a criminal

charge could demand as a right from the Court of the King's Bench

the issue of a writ of "habeas corpus" which bound his gaoler to

produce the prisoner and the warrant on which he was imprisoned

for review as to legality. This forced trials to be speedy, which

they had not hitherto been. Now it was impossible for the Crown to

detain a person for political reasons in defiance of both

Parliament and the courts, as Charles I had done. The writ was

suspended in times of war and domestic unrest: 1689,1696, 1708.

In 1670, William Penn was arrested for sedition for delivering a

sermon in London, contrary to the statute that only the Church of

England could conduct meetings for worship. The jurors would not

convict him, so were gaoled and fined by the justices. The jurors

filed a writ of habeas corpus in the Court of Common Pleas, which

held in their favor. Thereafter the English jury had full

independence to decide to verdicts. By court decision of 1679,

jurors were held not to be responsible to the justice for their

verdict.

After 1688, hearsay was inadmissible as evidence, which Coke had

recommended. The old system of original writs was abandoned, and

the general concept or a wrong to person or property took its

place.

A person who was sergeant at law, counselor at law, barrister,

advocate, attorney, solicitor, proctor, clerk, or notary in the

courts had to take the required oaths of allegiance and supremacy.

As of 1692, persons outlawed could appear by attorney as well as

in person to argue reversal of such outlawry, except in cases of

treason and felony.

As of 1696, persons accused of high treason where there might be

corruption of the blood or for misprison [concealing knowledge] of

such treason had to be taken before a grand jury for indictment

within three years of the offense. Those indicted or outlawed for

such were given a copy of the whole indictment, but not the names

of witnesses, at least five days before trial in order to prepare

their defense. They could have a copy of the panel of jurors at

least two days before trial. They could be represented in their

defense by not more than two counsel learned in the law and

assigned by the court. Their counsel had free access to them at

all reasonable hours. They could make proof through lawful

witnesses under oath. In a trial of commoners for their lives, a

jury of twelve freeholders had to all agree on acquittal or

conviction. In a trial of a peer, the others peers in Parliament

determined the outcome by a majority vote.

Jurors were required to have at least 20 pounds income from

freehold land or rents in fee, fee tail, or for life. This

increase in the quality of the jury enabled it to better discern

the issues in dispute.

Jury sympathy was determined by the sheriff who chose the jury. So

if a sheriff was popularly elected, as in London, he chose jurors

who favored individual and corporate liberty. If the king selected

the sheriff, he chose tories, who supported the Crown.

Issues of bastardy or lawfulness of marriage had to be tried by a

jury.

The civil suit of trespass on the case has now branched into

assumpsit, trover, deceit, negligence, and libel and slander. The

latter supplements bad words punished by the local courts and

defamation punished by the church courts. Trover becomes the

normal mode of trying the title to moveable goods as the courts

oblige the defendant to answer the charge of conversion without

permitting him to dispute the loss and finding of the goods by the

plaintiff.

This is an example of the initiation of a suit by a writ for

trespass on the case:

The King to the sheriff &c. as in Trespass to show: wherefore

(e.g.:___) he fixed piles across the water of Plim along which,

between the Humber and Gaunt, there is a common passage for ships

and boats, whereby a certain ship, with thirty quarters of malt of

him the said A, was sunk under water, and twenty quarters of the

malt of the price of one hundred shillings perished; and other

wrongs &c. as in trespass.

This is an example of a writ for trespass on the case in

assumpsit:

The King to the sheriff greeting &c. as in Trespass to show:

wherefore whereas he the Said X undertook well and competently to

cure the right eye of the Said A, which was accidentally injured,

for a certain sum of money beforehand received, he the same X so

negligently and carelessly applied his cure to the said eye, that

the said A by the fault of him the said X totally lost the sight

of the said eye, to the damage of him the said A of twenty pounds,

as he saith, and have there &c. wherefore whereas he the said X

undertook to make and build three carriages for conveying victuals

of him the said A to parts beyond the sea for a certain sum of

money beforehand received, within a certain term between them

agreed; he the said X did not take care to make and build the

carriages aforesaid within the term aforesaid, by which he the

said A hath wholly lost divers his goods and chattels, to the

value of one hundred marks, which ought to have been conveyed in

the carriages aforesaid, for want thereof to the great damage of

him the said A as it is said: and have there &c.

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