Charles retained one regiment from which he started a small

standing army, which slowly increased in size ever after. The army was

primarily mercenary, as it had been in medieval times, with officers

buying their commissions. Colonels were the proprietors of their

regiments and captains were the proprietors of their companies. The

soldiers were ill mannered, swearing and cursing and stealing,

sometimes from peoples' homes, and intimidating people with their

swords. The bayonet was invented to attach onto a gun, which were

muzzle-loading with a match lock. So pikemen with their long spears

became obsolete. Hand grenades and small explosive bombs came into use

about 1670.

Explosives were also used in mines. Mines for coal became

deeper as coal replaced the use of increasingly expensive wood charcoal

for brewing and for brick, glass, and china manufacture. Flooding of

coal, tin and copper mines became a problem. In 1698, Thomas Savery

invented the Miner's Friend, a practical atmospheric steam engine

without a piston.

There was resort to many devices to fund wars. The land tax was

still the primary tax. The customs and excise taxes were often extended

to more goods and wares. Sometimes there were duties imposed on

marriages, births, and deaths. Also, hawkers, peddlers, and other

trading persons going from town to town to other men's houses on foot

or on horse carrying wares had to buy a license. There were also loans

from privileged companies such as the Bank of England, East India Co.,

and the South Sea Co. Commissioners were appointed to take and state

the account of all money in the public revenue. This discouraged the

prevalent corruption of government officials and thereby the people

were encouraged to pay their taxes.

The Goldsmiths loaned money to the king and to private persons

and to the Exchequer. Receipts from Goldsmiths for storage in strong

boxes had become a de facto paper currency. But when the Goldsmiths had

no more money to lend, the Bank of England was founded in 1694 under

whig auspices to provide money for war. It was the first institution to

issue notes in excess of its total deposits. However, it was not

allowed to lend money to the Crown without the consent of Parliament.

It was incorporated as the first English joint-stock bank and had about

1,300 shareholders. These original subscribers were individuals from

London from many walks of life, including well-to-do tradesmen and

about 12% of whom were women: wives, widows, or spinsters. Not many

corporations were original subscribers. Holders of at least 500 pounds

could vote, of 2000 pounds could be directors, and of 4000 pounds could

be Governor. The Bank issued notes payable to bearer and discounted

bills, but these were not legal tender. It lent at 8% to the Crown and

occasionally to corporations. Money was also borrowed by offering

annuities on single lives. This was the first time the government

borrowed directly from the public on a long- term basis.

In 1695 there was inflation due to over issue by the Bank

because of inexperience, pressure from government, and the Bank's greed

for business. After a dividend of 5% in 1695, the next year there was

no dividend and so the bank stock price fell. In 1696, five pound and

ten pound short term bonds were sold to the public. Also in that year

was the first run on the bank. This occurred two days after clipped

money lost currency; people wanted the new recoined money, but the Mint

had not supplied the Bank with sufficient supplies. Interest instead of

cash was given for notes. Cash was short for months. The Bank's credit

was much shaken. It was then given a monopoly so that its notes would

not have competition. Thereafter, its dividends were good - about 12%

per year. Because of its monopoly, its dividends were about 3% above

the current going rate of interest. About this time, Exchequer Bills,

with interest, were started by the Exchequer and circulated by the Bank

of England. They were frequently endorsed many times by successive

holders.

The Bank simply took over from the goldsmiths its main everyday

business of deposit, with a running cash note [cashier's note, specie

note, cash note], which was payable on demand and normally did not bear

interest; and a drawn note [precursor to the check, but not on special

paper]. The Bank gradually convinced many of its clients to use its

"check" [cheque] paper when drawing. The check paper was unique to the

Bank and embellished with distinctive scroll work to serve as an

obstacle to fraud. Over time the running cash note tended to be for

round sums of at least twenty pounds and multiples of five pounds. The

Bank of England had a monopoly on issuing notes in the London area.

Country banks arose and issued bearer notes payable on demand and

interest-bearing notes in their areas. The Bank of England gave to its

depositors the service of paying annually to a designee without further

order.

A decision of the common law courts held that bills of exchange

(written orders to pay a given a sum on a given date) were transferable

to other people by successive endorsements. So long distance payments

no longer had to be made in coin, with all the dangers of highway

robbery.

The financial revolution of the 1690s meant that the merchant

elite could invest in government bonds or company bonds at 5-6%, or

London leases at 10%, as opposed to income from landed estates, which

was under 3%. Shareholders were no longer personally liable for company

losses. Interest on loans was no longer considered sinful as long as it

was not oppressive. The greater ability to borrow spurred the growth of

capitalism.

All brokers and stock jobbers in London and Westminster of bank

stock, bank bills, shares and interests in joint stock must be licensed

by the mayor, which shall necessitate their taking an oath to exercise

their office without fraud or collusion to the best of his skill and

knowledge as of 1697. This is to avoid the collusion of fixing values

to their own advantage.

Compilations of tables of mortality originated the science of

life-statistics. This made life insurance possible. But it was

administered by ad hoc offices rather than companies and was not

reliable in making payments.

William Petty made a statistical study of economics and

determined that the basic values of an economy derive not from its

store of treasure, but from its capacity for production. Trade was

studied empirically by statistics by new offices such as the Inspector

General of Imports and Exports.

Charles instituted a hearth tax of 2s. per year in 1662, with

constables and officers authorized to verify the number of hearths and

stoves in houses. It was repealed in 1688 because it could not be

enforced except by exposing every man's house to be entered and

searched at pleasure by persons unknown to the people, which was

oppressive and a badge of slavery.

By bribes, Charles built up a body of support in Parliament

which could be relied upon for a majority. They came to be called

"tories" by their opponents. "Tory" had been a term of abuse for Irish

Catholic bandits. The tory and whig groups were known by their

disagreement over the authoritarianism of the Crown. The tories were

sympathetic to the doctrine of divine right and favored a doctrinally

high church. The tories represented landed property and the established

church, and usually wore blue in contrast to the purple of royalty.

Many royalists became tories. The whigs refused to accept the

sacrosanct character of the monarchy. The whigs opined that government

depended upon consent of the people and that the people had a right of

resistance. They subordinated the Crown to Parliament. The whigs

represented the dissenters and the mercantile classes, and often wore

red. Many former Puritans became whigs. "Whig" had been a term of abuse

for Scots Presbyterian rebels and horse thieves.

The gout and venereal disease were common among political

leaders. A primitive condom just introduced to the aristocracy from

France helped deter syphilis, but was uncomfortable and unreliable.

Under Charles II, the Treasury as a supreme financial body

separated from the Exchequer as a depository of revenue. A gold guinea

coin was issued. From 1690, government policy was controlled by

specific appropriations. Money bills had to originate in the Commons,

and could not be amended by the House of Lords.

Boards became independent of the king's Privy Council and

answerable to the secretary of state.

In the 1680s, Charles compelled some of the livery companies in

London to give up their charters to him and he called in many

corporation charters of boroughs whenever some light excuse could be

found to justify it. This was done by the use of the writ of quo

warranto [by what authority] before a court. In London he had the tory

mayor revive an ancient custom of selecting a sheriff by drinking to

him at the annual feast. Two tory sheriffs were installed into office.

All these actions gave the king a voice in selection of the officers of

London and boroughs, since Royal commissioners would then determine who

the officers would be. This was to assure London's representation in

Parliament by Crown loyalists as London had been whig. It also allowed

influenced selection of sympathetic jurors.

Criminal seditious libel was brought into the common law courts

in 1664, when Benjamin Keach was tried for writing a book containing

contradictions of the doctrine of the established church. He wrote

against infant baptism and asserted that laymen might preach the

gospel. The justice intimidated the jury to find him guilty. He was

sentenced to be fined, to spend two hours in the pillory in two

successive weeks, and his book to be burned before his face. He was to

be imprisoned until he found sureties for his good behavior and

renunciation of his doctrine and for his future appearance in court.

Juries were loath to find anyone guilty of seditious libel.

James II succeeded Charles II to the throne and fostered Roman

Catholicism by appointments and by attempting to suspend laws

unfavorable to Catholics. He commanded all bishops to read in the

churches his Declaration of Indulgence exempting both Catholic and

Protestant dissenters from all penal statutes based on religion. Seven

bishops refused to obey and jointly petitioned him, stating that his

action was illegal according to Parliament. He prosecuted them for

seditious libel in the petition. The jury found them not guilty. James

discharged the two justices of the five who had rejected the seditious

libel doctrine which had been created by the Star Chamber Court. This

roused the whigs and tories in turn to discharge him by joining in

inviting Protestants William of Orange and Mary to take the throne in

his place. James was effectively chased out of England by William's

advancing army in the Glorious Revolution of 1688-9, which took away

the powers of final authority from the king, but without transferring

them to any other body. A "Bill of Rights" stated that

1. -The king may not suspend laws or dispense with them without

consent of Parliament.

2. -The establishment of a Court of Commissioners and like bodies for

ecclesiastical causes is illegal.

3. -The king may not levy money or extend an authorized levy without

consent of Parliament.

4. -Subjects have a right to petition the king without prosecution.

5. -The king may not raise or keep a standing army within the country

in time of peace without the consent of Parliament.

6. -Protestants may have arms for their defense as allowed by law.

7. -The elections of members of Parliament should be free.

8. -The freedom of speech or debates or proceedings in Parliament

should not be impeached or questioned in any court or place outside of

Parliament.

9. -Excessive bail should not be required, nor excessive fines imposed,

nor cruel and unusual punishments inflicted (so no more men were

whipped to death).

10. Jury selection should not be tampered with, and jurors who try men

for high treason should be freeholders.

11. All grants and promises of fines and forfeiture of particular

persons, before conviction, are illegal and void.

12. Parliament should be held frequently for redress of grievances and

for the amending, strengthening, and preserving of the laws.

13. All Protestants may freely exercise their religion and the king

will maintain the Protestant religion and the law and liberty of the

realm.

The right of the peoples' representatives to select and depose

the king and to change the order of succession was established. There

was no divine right or hereditary right to the Crown. An English

monarch was created by an act of Parliament. The king still called and

dissolved Parliaments, except that Parliament continued for six months

after the death of a king. From 1689, Parliament sat every year.

Freedom of speech for members of Parliament was established by a

resolution overturning a King's Bench felony conviction of Sir John

Elliot.

By the act of settlement of 1701, no officer or pensioner of

the king could be a member of Parliament. All resolutions by the Privy

Council had to be signed by the members consenting to them. No one born

outside the realm could be a member of the Privy Council or of

Parliament, or could have any civil or military office or place of

trust, or any grants of land or tenements from the king. Justices

served during good behavior instead of at the pleasure of the king.

After the Glorious Revolution, Tories tended to accept of the

Whig principles of limited constitutional monarchy instead of rule by

divine right.

Under William and Mary, the ministers were first chosen by them

but could be impeached by the Commons and then removed by the

Parliament. The Commons removed anyone who disagreed with them as soon

as he made a mistake. But the king could pardon anyone convicted by

Parliamentary bill of attainder. This was inconsistent, so no one was

allowed to plead pardon by the king in an impeachment by the Commons.

Thus Parliament gained control of who would be ministers.

The Glorious Revolution favored the capitalists and the

commercial magnates even though it had been started by the landed

families, with whom they now intermarried. There were companies in the

fishing, silk, baize [a coarse wool], sugar, rope, paper, iron,

hardware, cutlery, gunpowder, saw milling, and pottery trades. These

industries for manufacturing were organized on capitalist lines rather

than being subject to guilds. That is, production was controlled by men

with money and the means of manufacture. The largest pottery workshops

employed about six men. One man shaped the pots, another made the

handles and put them on, while the others did the decoration, the

glazing, and the firing. New companies could be formed without royal or

Parliamentary consent. Regulated companies declined. There were no more

commercial monopolies. The Merchant Adventurers lost their last

monopoly privileges and their entrance fees were abolished. Their

method of limiting the volume of their exports of English cloth to

Germany to keep up prices was obsolete. Now they tried to capture the

market by selling cheap. There were more joint-stock companies and on a

larger scale. They also no longer restricted output to keep prices

high, but geared to export many inexpensive goods.

Drinking of gin, which had first been made by a Flemish

physician, became popular under King William, who was Dutch. The year

of his accession, the gin monopoly ended.

From the mid-1500s to 1700, coal production increased fourteen

times. Sir Ambrose Crowley, an iron maker with coal works, established

disability and medical benefits and pensions for his workers.

The capitalist organization of the mining, glass manufacture,

salt, soap, wire and other monopolized industries was made possible

only by government support. Salt and glass manufacture expanded. Glass

drinking vessels were in common use. Mirrors of blown plate glass were

manufactured in England. In 1670, Vauxhall glass works were opened with

workmen brought from Venice to blow their fine glass and make mirrors.

Some plate glass by casting was imported. Plate glass was a large and

strong glass piece, which was formed by the liquid glass being poured

on a table. This glass was not distorted, so mirrors could be made

perfectly reflective. Then plate glass for coaches, mirrors, and

windows became manufactured in England; this new industry was organized

on capitalist lines.

The domestic or "putting out" system came into use. In this

system, the worker usually owned his own machinery and the capitalist

owned the material, which he put out to the worker at home. The

merchant manufacturer bought raw wool and had it carded, spun, woven,

fulled, and dressed at his own expense. Some farmers became spinners in

the winter when outside work was impossible. The manufacture of nails

was also done by this system. Accordingly, the guilds and municipal

corporations in towns ceased to control the recruiting, conditions of

work, and pay of industries. Only a quarter of 200 towns had any

organized guilds at all. The growing town of Birmingham was not a

chartered borough, so never was encumbered with guild regulations.

Overall, the guild and apprentice regulations were effectively enforced

only in agriculture work. Artisans became known as tradesmen. Work was

usually irregular, some seasonal. In bad years, when a worker had to

borrow money, he used work tools, such as his loom, as security. In

this way, one's work tools often became the property of a merchant.

Some merchant clothiers also owned a fulling mill and a shop where the

cloth was sold. The capitalists first became owners of the materials,

then of the implements, and then of the work places. But production was

still confined to the known wants of its habitual market. Men used to

working at home were generally not inclined to go to work in a factory.

So there was an assortment of unskilled factory labor, such as country

people driven from their villages by the growth of large estates,

disbanded soldiers, and paupers. They had to be taught, trained, and

above all disciplined.

Smiths used trip hammers powered by watermills which turned

axles with cams on them. They made iron gates, fences, balconies, and

staircases with hammer, anvil, and chisel. Cast iron was made by

running liquefied metal into molds. This was harder but more brittle

than the tough but malleable wrought iron. Tinkers went from house to

house to repair metal items such as pots and pans.

The East India Company had about half the trade of the nation.

Its shares were frequently bought and sold. It responded to anger over

its semi-monopoly status by granting liberty to all English subjects

below the age of forty to live in its Indian settlements and to trade

practically everywhere. Bombay, India became subject to the East India

Company. Charters gave the East India Company the right to coin money,

to exercise jurisdiction over English subjects, to levy taxes, to build

and command fortresses, to command English and Indian troops, to make

peace and war, and to enter into alliances with Indian rulers. The

Company always paid high dividends and the market price of its shares

generally rose. 100 pound stock was worth 130 pounds in 1669, 245

pounds in 1677, 280 pounds in 1681, 360 and even up to 500 pounds in

1683, and then fell to 190 pounds in 1692. In 1693 a new charter for

the Company included loss of monopoly status by resolution of the

Commons. With this resolution, Parliament assumed the right of

regulating commerce, now no longer the king's province. Thereafter the

Commons regulated trade with India and determined who could participate

in trade there. Political issues developed, which initiated corruption

at elections by entertainment and bribes to candidates, which were

later proscribed. The trade opened up to many more traders and

investors. Ordinary investors came to include women and Quakers. The

Stock Exchange was incorporated about 1694.

Exports included grain, silk, metal wares, foodstuffs, lead,

and tin. Cloth and manufactures were exported to America. Dyeing and

dressing of cloth became the norm and undressed cloth exports fell

sharply. Imports included linen; flax; hemp; timber; iron; raw, thrown,

and woven silk; wine; brandy; fruit; coffee; chocolate, served as a

drink or used in cooking; cauliflower; and oil. From America came

molasses, sugar, tobacco, and dyes. Sugar was in great demand for tea,

coffee, and chocolate. The East India Company imported calico, silk,

pepper, spices, China tea, potions, and saltpeter. Tonnage of English

shipping doubled by 1688 Exports and imports increased 50% by 1700.

When there was a surplus of grain, it was exported. About 1696,

the king set up a board of trade of eight paid members and great

officers of state, who nominally belonged to it, and a staff. This was

to achieve a favorable balance of trade. For instance, it imposed

tariffs to protect internal markets and put restraints on imports of

goods producible in the country, e.g. live cattle, dairy products, and

woolen goods. It also restricted the export of raw wool. England led

the way in protectionist measures.

Parliament required an oath of allegiance to the new sovereigns

William and Mary from all those in public functions, including the

clergy. By extending this rule to the clergy, Parliament asserted a

supremacy of Parliament over the church. It also asserted a supremacy

over the king by requiring all monarchs to take a coronation oath

promising to govern according to the statutes, laws, and customs of

Parliament, to make judgments with law and justice in mercy, and to

maintain the Protestant religion established by law.

England competed with other nations for land in the New World.

Carolina, named for Charles II, was colonized for commerce in 1663. The

Episcopal Church, an analogue of the Church of England, was established

there by law. The whole coast became English after war with the

Netherlands gave New York, named for Charles II's brother the Duke of

York, and New Jersey to England in 1667. Presbyterians and Baptists

fled from religious tests and persecutions in England to colonize New

Jersey. For free passage to the English colonies, people became

indentured servants, agreeing to serve the master of the ship or his

assigns with a certain kind of labor for a term of a few years

according to a written contract made before departure. Also, various

statutes made transportation to any part of America available to any

person who would pay for his transportation, for a term of years,

usually seven, as a new possible penalty for offenses. In 1636, Harvard

College was founded in New England to advance literature, arts, and

sciences, as well as to train ministers. Some American colonists sent

their sons to be educated at the Inns of Court in London.

In 1682, Quaker William Penn, son of an Admiral, founded the

colony of Pennsylvania for Quakers in a "Holy Experiment" in political

and religious freedom. The king had granted proprietary rights to this

land to him to discharge a Crown debt to his father. When Penn refused

to take off his hat before King Charles and asked why Charles took off

his own, Charles, unruffled, replied that "It's the custom of this

place that only one man should remain uncovered at a time". The

Pennsylvania Charter of 1701 went beyond Magna Carta and England's law

in guaranteeing right to counsel and giving a right to defendants to

summon witnesses in all criminal cases. It gave Penn absolute authority

and he established liberty of conscience, i.e.freedom of religion, and

freedom from arbitrary arrest. In 1751, some Quakers founded a small

hospital in Pennsylvania as an asylum for the insane, where they would

be treated humanely.

Proprietary colonies, in which an individual or syndicate held

under the crown a sort of feudal overlordship, were founded in America:

namely, Virginia, Maryland, Carolina, New York and New Jersey in 1663,

and Pennsylvania and Delaware in 1682. New Hampshire was made a royal

province in 1680 to cut off the expansion of Massachusetts, which had

been avoiding the trade laws. These colonies were distinguished from

the corporate colonies of Massachusetts, Plymouth, Connecticut, and

Rhode Island, which made their own arrangements for internal government

without a royal executive. Charles persuaded the Chancery Court to

declare the charter of Massachusetts void; it was given a new charter

in 1691 which made it a royal province. New York was made a royal

province in 1691. Maryland's proprietor gave way to a royal governor in

1692. Soon all colonies except Rhode Island, Connecticut, Pennsylvania

were royal provinces, with governors nominated by the Crown. This

bringing of union to the colonies was done for maintenance of order, to

coordinate defense, and to enforce trade laws.

In 1670, the Hudson's Bay Company was incorporated to engage in

fur trade with Indian trappers in the Hudson Bay and to find a

northwest passage to China.

In 1701 the founding of the "Society for the Propagation of the

Gospel in Foreign Parts" by the Church of England created many

missionaries in the colonies, where they called their churches

"Episcopalian".

Increase Mather and his son Cotton Mather were Puritan

ministers in colonial Boston. Increase was for a time the President of

Harvard College and participated in obtaining the new charter of

colonial Massachusetts of 1691. He and his son tried to maintain the

principles of the Puritan founders of Massachusetts, which included the

theories of diabolical possession and witchcraft. But the thought of

Presbyterians, Anglicans, and Baptists became influential also. In 1692

in the small town of Salem, Massachusetts, some hysterical girls

showing strange spasms and sounds charged they had been bewitched by

certain other residents. Victims were deceived, flogged, or tortured

into forced confessions and then excommunicated from the church. They

were then hanged and their property confiscated. One man endured being

pressed to death for refusal to plead so that his property would be

inherited by his family rather than confiscated due to being convicted.

Eventually, some prominent citizens including judges were accused. Then

the more thoughtful people began to doubt the whole phenomenon and

admitted error. The excommunications were revoked. Cotton Mather came

to accept Newton's science and advocated inoculation. He encouraged

Puritanism into a simpler piety and charity. This influenced American

Protestantism toward a generalized concern with good works, morality,

and social leadership.

The Law

Treason to the king is to compass, imagine, or intend death or

any bodily harm tending to death, or maiming or wounding, or

imprisonment, or restraint as well as trying to depose him or levy war

against him. Also included is printing, writing, preaching, or

malicious speaking. Traitors shall suffer death and forfeiture as in

high treason.

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.

Any malicious and willful burning or destroying of stacks of

hay, grain, or barns, or killing any horses, sheep, or cattle at

nighttime shall be felony and punished by transportation to the

American colonies for seven years.

Any person apprehending a thief or robber on the highway will

be rewarded 40 pounds from the local sheriff, to discourage the many

robberies and murders which have made travel dangerous. Also, executors

of persons murdered while trying to apprehend a robber shall have the

reward.

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.

When a bill of exchange drawn to at least five pounds is not

paid on demand at the time it is made payable, the person who accepted

it may make a protest in writing before a notary public, which shall be

served on the maker of such bill, who must pay it and all interest and

charges from the date of the protest. But if a bill of exchange is lost

or miscarried, another shall be given in its place.

No one may take more than 6 pounds in interest for a 100 pound

loan.

Persons seeking election to Parliament may not give or promise

money, meat, drink, entertainment, present or gift to any elector.

Because the gaols were full of people in debt due to the late

unhappy times such as the London fire, all prisoners for debt were

released upon taking an oath that they had no property over ten pounds

nor had disposed or conveyed property to defraud creditors. Creditors

not wanting them released had to contribute to their maintenance in

gaol.

Any sale of land or lease or estate of freehold or copyhold

shall be in writing and signed. An interest in land given orally shall

have only the force of estates at will. All contracts for sale of goods

or merchandise for the price of at least 10 pounds shall be in writing

and signed by the parties or shall be accompanied by part payment or

partial acceptance of the goods. This is to deter fraud. This statute

caused many small freeholders, including yeomen, who paid rent by

custom to be dispossessed.

Mortgagees can hold the land of any mortgagor who borrows money

upon security of the land or obtains another mortgage without prior

notice to the initial mortgagee. The mortgagor has six months to pay

off the mortgage and all interest and charges or vacate the land and

lose his equity therein. But a widow's dower will not be affected if

she did not join with her husband in the mortgage.

If rent is not paid in a reasonable time, the renter's goods

and grain may not only be distrained, but sold.

One coparcener [one person of two or more persons who inherit

as co-owners of land] of a joint tenancy [land held that descends to

the heir of a co-owner who dies] or tenancy in common [land held that

accrues to the surviving co-owner if one dies] may have a court

partition the property without the presence of other coparceners,

because such coparceners are often difficult to find. This is to avoid

wasting of land lying uncultivated and unmanured.

After the intestate death of a father of any sons or daughters

without wives or children of their own in the life time of their

mothers, the mother and every brother and sister shall share equally

except the customs of London and York shall not be affected.

Administrators have to make an inventory. They have to account on

request by an interested person. They must be bonded by two sureties.

Executors and administrators of estates of deceased persons

must pay the debts of the deceased person rather than waste or convert

the goods and chattels to their own use. Creditors may recover their

debts from heirs or devisees of the will of a debtor.

Men gone beyond the sea who could not be accounted for were

deemed dead after seven years, so their life estates could be

terminated.

Whereas lawful games are not to be used as constant callings

for a livelihood, and young people are deceived and debauched and their

money taken, anyone "winning" money by deceitful or fraudulent gambling

shall forfeit three times his "winnings".

The making or selling of fireworks is forbidden or else forfeit

5 pounds. Firing or throwing such from one's house onto or across the

street is a common nuisance with a penalty of 20s. This is to avoid the

loss of life and of eyes.

No more than 20 people may petition the king nor more than 10

people may assemble to present a petition to the king, because more has

been tumultuous and disorderly.

Anyone may without fee set up a hemp business including

breaking, hatchelling [separating the coarse part and broken pieces of

the stalk from the fine, fibrous parts by drawing the material through

long iron teeth set in a board], and dressing it; or a flax business,

including making and whitening thread, spinning, weaving, making,

whitening, or bleaching hemp or flax cloth; making twine or nets for

fishing or treating cordage for tapestry or hangings, because the daily

importation of such has in effect taken the work from the poor and

unemployed of England.

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 [silk twisted

from cocoons into thread] 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.

When a bill of exchange drawn to at least five pounds is not

paid on demand at the time it is made payable, the person who accepted

it may make a protest in writing before a notary public, which shall be

served on the maker of such bill, who must pay it and all interest and

charges from the date of the protest. But if a bill of exchange is lost

or miscarried, another shall be given in its place.

No one may take more than 6 pounds in interest for a 100 pound

loan.

Persons seeking election to Parliament may not give or promise

money, meat, drink, entertainment, present or gift to any elector.

Because the gaols were full of people in debt due to the late

unhappy times such as the London fire, all prisoners for debt were

released upon taking an oath that they had no property over ten pounds

nor had disposed or conveyed property to defraud creditors. Creditors

not wanting them released had to contribute to their maintenance in

gaol.

Retailers of wine may not add to imported wines cider, honey,

sugar, molasses, lime, raisin juice, or herbs.

Butter sold must be of one sort and not contain bad butter

mixed in with good butter. Butter pots must bear the name or mark of

their potter.

Salt may be sold only by weight, to avoid deceit by retailers

and wrong to buyers.

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.

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).

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.

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.

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.

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

After the Restoration, all legal decisions of the Commonwealth

and Protectorate were confirmed subject to a right of appeal.

The Star Chamber was not restored, and Parliament assumed its

control of the press. The King's Bench succeeded to most of the Star

Chamber's jurisdiction. No longer could the Privy Council influence

criminal cases and the general supervision of legal processes through

the Star Chamber.

The High Commission court was not restored, but church courts

were, but with depleted powers. They accepted subordination to the

common law courts. Because the church's administration was inefficient

and corrupt and its punishments inadequate, they gradually lost their

power to the common law justices and Justices of the Peace. They had

virtually no authority over laymen. They could still punish heresy, but

lost jurisdiction over the law of libel and slander, which then were

transformed by the civil courts, and over prostitution and scandalous

lewdness. Local ordinances for suppression of brothels, which were run

by madams, were founded on breach of the peace. In 1678, the death

sentence was taken away from the church courts. In 1697, church

sanctuary was abolished.

The county courts faded into insignificance, as the Justices of

the Peace took on more jurisdiction.

In 1668, new justices were issued patents with "at pleasure"

instead of "during good behavior" describing their tenure. Charles II

and James II frequently dismissed justices not favorably disposed to

the Crown. In 1697, they were to have fixed salaries instead of the

profits of justice. By statute of 1701, justices' commissions were to

be made with an established salary determined by Parliament and a

tenure to last during good behavior. They could be removed only by the

address of both Houses of Parliament. This gave them independence from

the king. Their tenure lasted for the life of the monarch.

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 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 [supervisor of students taking

an eexam], 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 branched into assumpsit

[a promise], trover [to recover goods converted to the use of another],

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

personal property and 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."

This is an example of a writ for case on indebitatus assumpsit:

"The King to the sheriff &c. as in Trespass to show: for that, whereas

the said X heretofore, to wit (date and place) was indebted to the said

A in the sum of for divers goods wares and merchandises by the said A

before that time sold and delivered to the said X at his special

instance and request, and being so indebted, he the said X in

consideration thereof afterwards to wit (date and place aforesaid)

undertook and faithfully promised the said A to pay him the said sum of

money when he the said X should be thereto afterwards requested. Yet

the said X, not regarding his said promise and undertaking but

contriving and fraudulently intending craftily and subtly to deceive

and defraud the said A in this behalf, hath not yet paid the said sum

of money or any part thereof to the said A (although oftentimes

afterwards requested). But the said X to pay the same or any part

thereof hath hitherto wholly refused and still refuses, to the damage

of the said A of ------ pounds as it is said. And have you there &c."

This is an example of a writ for case for trover: "The King to

the sheriff greeting &c. as in Trespass to show: for that, whereas the

said A heretofore to wit [date and place] was lawfully possessed as of

his own property, of certain goods and chattels to wit, twenty tables

and twenty chairs of great value to wit of the value of ___ pounds of

lawful money of great Britain; and, being so possessed thereof he the

said A afterwards, to wit (date and place aforesaid) casually lost the

said goods and chattels out of his possession: and the same afterward,

to wit (date and place aforesaid) came into the possession of the said

X by finding; Yet the said X well knowing the said goods and chattels

to be the property of the said A and of right to belong and appertain

to him, but, contriving and fraudulently intending craftily and subtly

to deceive and defraud the said A in this behalf, hath not as yet

delivered the said goods and chattels, or any part thereof, to the said

A (although often requested so to do) but so to do hath hitherto wholly

refused and still refuses; and afterwards to wit (date and place

aforesaid) converted and disposed of the said goods and chattels to his

the said X's own use, to the damage of the said A of ____ pounds as it

is said; and have you there &c."

The rigid writs with specific forms of action for common law

cases started to fall into disuse. Later, trespass on the case

bifurcates into misdemeanor and the tort of trespass.

Persons in prison on suspicion of treason could not be released

on bail as of 1688.

If one of several defendants of a case was acquitted, all

defendants recovered their costs from the plaintiffs. A person found

guilty of malicious prosecution recovered his costs from his accuser.

Mercantile cases were decided in light of mercantile custom

rather than according to the strict rules of the common law.

Merchants and traders could settle their trade disputes by

arbitration, which decision could be enforced by court order.

The chief justice could empower persons by commission to take

affidavits from people in the country for court proceedings in

Westminster.

Judgments were docketed so they could easily be found e.g. by

heirs, executors, administrators, purchasers, and mortgagees.

Court judgments and fines could be challenged for error only

within twenty years.

Court decisions were still appealable to the House of Lords. In

1668, Skinner v. East India Company held that the House of Lords could

not exercise original jurisdiction in civil cases between commoners as

it had claimed, but retained its appellate jurisdiction. In 1675, the

House of Lords acquired the new judicial function of hearing appeals

from the Chancery Court by virtue of the case of Shirley vs. Fagg.

Any gaol keeper allowing a prisoner to escape in return for

money lost his office forever and had to forfeit 500 pounds.

The last burning of a woman as a penalty for an offense, which

had been only occasional, was in 1688.

The last bill of attainder, which condemned a person to death,

occurred in 1697.

The pillory was still in use.

Benefit of clergy was taken away from those who stole cloth or

woolen manufactures from their drying racks or who embezzled military

stores or ammunition worth at least 20s, or stole goods of over 5s.

value from a dwelling house with a person therein put in fear, a

dwelling house in daytime with a person therein, or by day or night a

shop or warehouse.

A statute of 1661 gave jurisdiction to naval courts-martial to

decide cases at sea, e.g. insubordination; failure to fight the enemy,

a pirate, or rebels; not assisting a friend, mutiny, drunkenness,

creating a disturbance to protest the quality of the food, quarreling,

sleeping on watch, sodomy, murder, robbery, theft, and misdemeanors.

Usually the penalty was to be determined by the courts-martial, but

sometimes death was decreed.

In the American colonies, judges were still appointed by the

royal governors and paid by the local legislatures. They still served

at the pleasure of the king.

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