Fahrenheit of Germany; this was much more accurate than the alcohol and
water thermometers. Sweden's Anders Celcius invented the Celsius scale.
The hydrometer, which measures air humidity, was also invented. These
made possible weather forecasting. In 1718, the French chemist Etienne
Geoffroy published a table of affinities among chemical substances, a
precursor to the periodic table of elements. Carolus Linneaus, a
Swedish naturalist and botanist, established the scientific method of
naming plants and animals by genus and species. When he showed that
there was a sexual system in plants, church authorities were so shocked
that they suppressed this knowledge as they did other scientific
knowledge. Rev. Stephen Hales made ventilators for ships, prisons, and
granaries, using the method of injecting air with bellows. This saved
many lives in the prisons. In 1727, he discovered that water that
plants lost by evaporation was restored by the roots up the stems. He
found that gas could be obtained from plants by dry distillation and
invented a way to collect gases by heating certain substances.
Hans Sloane, the son of a receiver-general of taxes, who became
a physician, had collected hundreds of species of plants in Jamacia
while physician to its governor. He became physician to George II and
was a benefactor to many hospitals and devised a botanic garden in
London for the Society of Apothecaries.
Italian Luigi Marsigli started the science of oceanography with
a treatise discussing topography, circulation, ocean plants and
animals, along with many measurements. Frenchman Jean-Etienne Guettard
prepared the first true geological maps, showing rocks and minerals. He
identified heat as the causative factor of change in the earth's
landforms. John Mitchell studied earthquakes.
In 1735, George Hadley, a London lawyer and philosopher,
determined that the cause of the prevailing westerly winds was the
rotation of the earth to the east. Benjamin Franklin in 1743 observed
that a particularly violent storm occurred in Boston a day after a
particularly violent occurred in Philadelphia, and realized that they
were the same storm, even though the storm's surface winds were from
the northeast. He determined that Atlantic coastal storms traveled from
the southwest to the northeast. In 1770, he prepared the first
scientific chart of the Gulf Stream.
Daniel Bernoulli, a Swiss university lecturer in physics,
mechanics, medicine, and anatomy, proved his theorem that any degree of
statistical accuracy can be obtained by sufficiently increasing the
observations, thereby also representing the first application of
calculus to probability theory. In 1738, he showed that as the velocity
of horizontal fluid flow increases, its pressure decreases. This
followed from his theorem that the total mechanical energy of a flowing
liquid, comprising the energy associated with fluid pressure, the
gravitational potential energy of elevation, and kinetic energy of
fluid motion remains constant; that is, the mechanical energy is
conserved. This was the first mathematical study of fluid flow. He
demonstrated that the impact of molecules on a surface would explain
pressure, and that assuming the constant random motion of molecules,
pressure and motion will increase with temperature. He explained the
behavior of gases with changing pressure and temperature, establishing
the kinetic theory of gases. Jean Nollet from France discovered
osmosis, the passage of a solution through a semi-permeable membrane
separating two solutions with different concentrations.
In 1754, Scotsman physician Joseph Black identified carbon
dioxide, the first gas recognized as distinct from everyday breathing
air. He did this by using a balance to weigh alkalies before and after
exposure to heat. They lost weight by losing carbon dioxide. His
development of the concept of latent heat, the quantity of heat
absorbed or released when a substance changes its physical phase at
constant temperature, was the first application of quantitative
analysis to chemical reactions. He ascertained the effects of carbon
dioxide on animals and its production by respiration, fermentation, and
burning of charcoal. At this time, all flammable materials were thought
to contain "phlogiston", which was given off as they burned and was
associated with the transfer of heat. Plants were thought to remove
phlogiston from the air and therefore burned when they were dry.
In 1773, Joseph Priestley, a nonconformist minister,
schoolmaster, and tutor, identified oxygen by heating red oxide of
mercury. He had become interested in the study of gases by watching the
process of fermentation in a brewery next to his house. Using a candle,
mice, and plants in jars sealed over water, he showed that the
processes of combustion, respiration, and putrefaction caused one-fifth
of air exposed over water to disappear, and that plants restored air
vitiated by these processes. This discovery of where breathable air
comes from helped explain the system of life on the planet. When he
isolated oxygen, he noted that it was better than air in supporting
respiration and combustion.
Hydrogen (inflammable air) and nitrogen were discovered. The
differences between acids, bases, and salts and their relationship to
one another became understood. There was some theoretical as well as
empirical knowledge about metals, e.g. in boiling points, intermetallic
compounds, and changes in properties.
In 1742, Benjamin Frankin invented the Franklin stove, which
greatly improved heating efficiency. As a freestanding cast-iron
fireplace, it supplied heat in all directions instead of only from the
one direction of the usual wall fireplace. Also, the heat absorbed by
its cast-iron sides provided warmth even after the fire went out.
Static electricity was being discerned. It had been noticed
that shaking a mercury barometer produced a strange glow in its
"vacuum". Experiments showed that a glass rubbed in vacuo would shine
brightly and that an exhausted glass globe rapidly whirled on a spindle
and rubbing against the hand produced a brilliant glow. And further, as
Newton wrote: "if at the same time a piece of white paper or white
cloth, or the end of ones finger be held at the distance of about a
quarter of an inch or half an inch from that part of the glass where it
is most in motion, the electric vapor which is excited by the friction
of the glass against the hand, will by dashing against the white paper,
cloth, or finger, be put into such an agitation as to emit light, and
make the white paper, cloth, or finger, appear lucid like a glowworm".
In the study of electricity, conductors and insulators were recognized.
There were demonstrations of electrical phenomena such as seeing the
ignition of brandy by a spark shooting from a man's finger and the
feeling the transfer of an electrical impulse created from a rubbed
glass globe among a circle of people by their holding hands. In 1733,
Frenchman Charles DuFay discovered that there are two types of static
electric charges, and that like charges repel each other while unlike
charges attract, linking electricity to magnetism.
In 1750, Benjamin Franklin "caught" lightning with a sharp
pointed wire attached to the top of a kite which led down to a key at
the other end. When a thunder cloud electrified the kite, a charge was
seen coming from the key to an approaching finger. This charge was then
stored in an early type of capacitosr, a1745 Leyden jar, and then
reproduced to create the same feeling of transfer of electrical impulse
among a circle of hand-holders, thereby illustrating that it was the
same phenomenon as electricity. This countered the theological belief
that thunder and lightning were signs of divine displeasure or the work
of the devil. Franklin invented the lightening rod, which was then used
to protect buildings. About ten years later, the first lightening rod
on an English church was erected, which showed the church's acceptance
of his theory. Franklin theorized that there were electric charges
everywhere and designated them as positive or negative. He observed
that opposite charges attracted each other, but that like charges
repelled each other. In 1766, Joseph Priestly did an experiment
suggested by Franklin and showed that electrical force follows the same
law as gravitational force; that is, that the attraction or repulsion
between two electrical charges varies inversely in proportion to the
square of the distance between them.
Joseph-Louis LaGrange from France developed differential
equations. Natural history museums were established. A group split off
from the Royal Society to show collections of curiosities.
In 1754, a self-educated mechanic founded the Society for the
Encouragement of Arts, Manufactures, and Commerce. It had sections on
agriculture, manufactures, mechanics, chemistry, liberal arts, and
trade and colonies. It sponsored contests at which prizes were given,
such as that in 1761 for the best invention of a machine that would
spin six threads of wool, flax, cotton, or silk at one time with only
one person attending it.
Machines still mostly relied on human, animal, and water power.
Abraham Darby was a Quaker and millwright who made large
cooking pots of iron, which cost less than bronze. Around 1709, he
experimented with various substances to take the place of wood charcoal
in iron smelting. Coal was a remote possibility. In forging or working
metals coal had more or less the same qualities as wood charcoal, but
this was not the case in smelting ores, especially iron ore. Coal
contained sulphur compounds which caused the iron ore to deteriorate.
So he controlled the burning of coal to burn out these impurities,
which produced coke. His son took over after his death and improved the
methods of coking, strengthened the bellows, and added ore limestone
and other reagents to the mixture. By 1756, his large blast furnace
using both pit coal and wood charcoal was very productive. He made iron
goods of such quality as those imported.
In 1767, Richard Reynolds replaced the wooden rails connecting
a blast furnace to mines with cast iron rails. He had apprenticed as a
grocer and then became a partner in a large ironworks of Darby with a
man whose daughter he married. After Darby died and before Darby's sons
became of age, Reynolds was in charge of the ironworks. He cast
cylinders of the early steam engines.
In 1749 John Roebuck, a physician and son of a prosperous
manufacturer of Sheffield goods, found a cheaper way to manufacture
sulphuric acid. He did this by using leaden chambers instead of glass
globes to collect the vapor from burning nitre and sulphur over water.
This reduced the cost of sulfuric acid to one-fourth of its previous
cost, so that sulfuric acid came to be used to bleach linen instead of
sour milk. He also made cast iron into malleable iron by smelting iron
using coke from pit-coal instead of charcoal. But flooding in his mines
and further ventures resulted in his ruin and bankruptcy.
Thomas Newcomen, a Baptist ironmonger, blacksmith, and
locksmith, supplied iron tools to mine workers. He was aware of the
problem of flooding of mines and the awkward system of pumps which were
used one above the other and were powered by teams of horses. He made a
very valuable contribution to power generation by inventing the
atmospheric pressure steam engine with piston around 1712. He did this
by connecting theory with experiment, through the use of scientific
knowledge, especially the Royal Society's investigation into
atmospheric pressure. First cold water was poured on a cylinder in
which a piston could move up and down. This caused steam inside the
cylinder to cool and condense into water. The vacuum created inside the
cylinder under the piston caused atmospheric pressure on top of the
piston to push the piston down. The piston was attached by a rod to the
end of a beam which end then swung down from a point on a vertical
stand to which it was attached. When the beam swung, its other end,
which was attached to a rod connected to a pump, rose, thus working the
pump. Then steam from water heated in a boiler under and communicating
with the cylinder was allowed into the cylinder under the piston. This
overcame the atmospheric pressure on the piston from above and allowed
the piston to rise by a counterweight on the rod over and connecting to
the pump. Boys opened and closed the steam valve, which let steam into
the cylinder from below, and the water valve, which let cold water pour
on the cylinder from above. Then the boys were replaced by the valves
being connected to the swinging beam which caused them to open and
close at perfectly regular intervals. A story gives the credit for this
improvement to an inventive valve boy who wanted to play with his
friends. In 1712, the mining industry used this steam engine to pump
water out of mine-shafts which had flooded. These engines were also
used to supply water to reservoirs' locks at canals, and drinking water
facilities in towns. One such engine developed power equivalent to
fifty horses working at one sixth the cost. It was the first automatic
machine since the clock.
Then James Watt invented the steam engine which used steam as a
force acting on the piston. Watt made his living making scientific
instruments for Glasgow University. Around 1764, he was fixing one of
Newcomen's engines belonging to the university, when he saw its
inefficiencies, such as the loss of heat when the cylinder was cooled.
He saved this heat energy by having the steam condensed in another
vessel distinct but connected to the cylinder. This condenser was kept
constantly cool by cold water. So the condensed steam was pumped back
into the boiler and it circulated continuously, thus obviating the need
for constant resupply of water. In order to avoid the necessity of
using water to keep the piston air-tight, and also to prevent the air
from cooling the cylinder during the descent of the piston, he used the
expansion of the steam to push the piston instead of atmospheric
pressure. Then, in order to expand the use of the steam engine beyond
that of a pump, he converted the oscillating motion of the beam into
rotary motion. He formed a partnership with John Roebuck, who had a
two-thirds interest. But when Roebuck needed money, he sold his
interest to Matthew Boulton. Boulton wanted better power that that of
his watermill for his workshops that made metal buttons, watch chains,
shoebuckles of engraved steel, ornamental bronzes, vases, chandeliers,
tripods, silver and plated wares, and imitation gold and tortoiseshell
work. In dry weather, about eight horses were needed to aid in driving
the machinery. A steam pump could pump water from the bottom of the
watermill to the top to be used again. He had built up this factory of
five buildings and six hundred workers, with 9,000 pounds derived from
his marriage to an heiress. By 1774, the partnership had built a model
steam engine with rotary power whose design could be sold. The price of
the engine was set as the amount of money saved on fuel costs in the
first three years of its operation. This machine was a relatively
economical user of energy, capable of performing almost any kind of
work.
About 1750, John Wilkinson, the son of a farmer who also
oversaw an iron furnace, substituted mineral coal for wood charcoal in
the smelting and puddling of iron ore. In 1766, he made it possible to
transport coal out of mines on rail wagons drawn by horses. As father
of the iron industry, he made iron chairs, vats for breweries and
distilleries, and iron pipes of all sizes. With his invention of the
first precision boring machine, he provided Watt with metal cylinders
of perfectly accurate shape, which were necessary for the smooth
working of Watt's steam engine. In 1775 he bought a pumping steam
engine from Boulton and Watt's company for his ironworks. It pumped
three times as fast as Newcomen's engine.
Watt's steam engine came to be used for power-loom weaving and
then for all sorts of manufactures. It would put England ahead of every
manufacturing country in the world. Millwrights built, installed, and
later designed not only steam engines but the machinery that they
drove. These men were essential in setting up the first factories. They
were the most imaginative and resourceful craftsmen. They knew how to
use a turner's, a carpenter's and a blacksmith's tools and had
supervised or done smith work, brick-laying or stone-mason's work in
erecting and maintaining windmills with their many gears and bearings.
There was a good deal of variety in mills, as well as in the structure
and workmanship of them, some being worked by horses, some by wind, and
others by water. They had some knowledge of arithmetic and practical
mechanics. They could draw out a plan and calculate the speed and power
of a wheel. Although technically in a branch of carpentry, the
millwrights learned to work with metal as well. Metal was superior to
wood not only because of its strength but because wood parts were
irregular in motion and wore out rapidly. So iron and brass parts came
to replace wood and leather parts.
In 1728, J. Paine got a patent for rolling iron instead of
hammering it. The iron bars, being heated in a long hot arch or cavern
passed between two large metal rollers, which had certain notches or
furrows on their surfaces.
Clockmaker and Quaker Benjamin Huntsman was struck with the
difficulty of finding finely tempered steel for the springs of his
watches and pendulums of his clocks. He experimented for years to find
a homogeneous and flawless metal, and finally, in 1740, invented cast
steel, which had high tensile strength and was much harder than
ordinary steel. He did this by remelting refined high quality wrought
iron bars at very high temperatures in sealed fireclay crucibles,
together with small quantities of charcoal and ground glass as
reagents. This distributed the carbon evenly in the metal, which
hammering could not do. He approached the Sheffield cutlers, who
finally agreed to try his cast steel for fear of losing their business
to some other manufacturers who were approaching Huntsman. Since
Huntsman had no patent, he worked at night and employed only men who
would keep his secret. His steel was made at night. His factory became
prosperous about 1770 and the excellence of his steel manufacture was
never equaled. Steel and wrought iron was scarce and expensive.
Around 1748, iron founder Samuel Walker, discovered Huntsman's
secret by appearing at Huntsman's factory disguised as a shivering
tramp who asked to warm himself by the furnace fire. He feigned sleep
while watching the whole process. When he began to make cast steel, his
annual output grew from 900 pounds in 1747 to 11,000 pounds in 1760 and
he made a fortune.
Silver was plated over copper from 1751. White metal from tin
and antimony was used from about 1770.
The brass industry was beginning to produce brass from copper
and zinc that was as good as foreign brass. The secret of plate-glass
manufacture came to England in the 1770s.
In 1773, a corporation was set up for the manufacture of plate
glass. It could raise joint-stock because of the great risk and large
expense of the undertaking.
In 1775, chemist William Cookworthy was given a fourteen year
patent for the discovery of certain clay and stone in England from
which he made England's first true porcelain, i.e. that which could
sustain the most extreme degree of fire without melting, and also had
grain as smooth and lustrous, and the transparency and beauty of color,
equal in degree to the best Chinese or Dresden porcelain.
The import duties on diamonds, pearls, rubies, emeralds and
other precious stones and jewels was dropped to increase the business
of cutting and polishing them.
The world's first chocolate factory was set up in England in
1728. Milk was added to chocolate.
The Fanmakers were incorporated in 1709.
A linen company to sell cambricks [a fine white linen] and
lawns [a thin and fine linen] was incorporated in 1763.
A free market for fish was established in Westminster to
supplement the free fish market in London to prevent forestalling and
monopolizing of the fish industry and to increase the number of
fishermen. Duties for its maintenance were paid by the fishermen.
Certain men were given the right to incorporate fisheries of white
herring for twenty one years to improve the fisheries and give
employment to the poor. They were authorized to sell subscriptions and
to build ships provided the fishery employ 100,000 in such fishery.
There were restrictions on taking fish from rivers during their
breeding season. Herring fishermen were allowed to land and dry their
nets and erect tents and pickle, cure, and reload fish on uncultivated
land up to 100 yards beyond the high water mark all any shore,
forelands, harbors, and ports, without paying the landholder. Later, a
bounty of 30s. per ton was authorized to be given for vessels that were
fitted out and used for white herring fishery.
Anyone wishing to be admitted to the Levant (Turkey) trading
company was to be made free of such on paying 20 pounds, so that this
trade might be increased.
In the 1760s the first cooking school was established by Mrs.
Elizabeth Raffald, a servant.
As for health, there were many occupational hazards. These
included paralysis by mercury of refiners of silver and gold, paralysis
by mercurial fumes of molten lead by plumbers, palsy of glaziers
working with melted lead and of watch gilders, lead poisoning of
painters, blinding by sawdust of sawyers, and the affects of fumes on
pewterers and letter founders. Particles of copper were breathed in by
copper workers, whose hair and beards then turned green. Braziers
became deaf. Hairdressers, bakers, masons, bricklayers' laborers, coal
heavers, chimney sweeps, flax and feather dressers, and workers in
leather warehouses suffered pulmonary diseases. Chimney sweeps also had
warty skin cancer from their bodies being habitually covered with soot
and the lethal cancer of the scrotum. Working with charcoal fires
affected confectioners, chocolate makers, and sail-cloth makers.
Tanners, catgut makers, and tallow-candle makers became nauseous. Heavy
work weakened many bodies and caused hernias. Bending over work for
long hours caused stooped posture and hump backs.
The association between dirt and disease was just beginning to
be made. The principles of infection and hygiene were not well
understood. Bathing every couple of months was not unusual. There was
some theological feeling that cleanliness betokened pride and
filthiness humility. Most houses had a bathtub that could be placed
beside the fire in a bedroom. About 80% of the population had been
getting smallpox, which blinded, maimed or disfigured many. Deaths from
smallpox were only occasional in the country, but constant in London,
where about 13% of every generation died from it. Making death
commonplace, especially in the winter months when thick, dirty clothes
were worn day and night, were typhus, which was carried by lice;
typhoid, which was spread by flies from horse dung; tuberculosis; and
influenza. Dysentery and diarrhea made death commonplace especially in
the summer when flies transmitted bacteria from filth to food and the
water was its most foul. There was great meaning in the prayer "Now I
lay me down to sleep; I pray the Lord my soul to keep; if I should die
before I wake, I pray the Lord my soul to take." Thyphus spread easily
in hospitals and gaols where vermin could live in the beds made of
wood. Colds and toothache were also common. Venereal disease was not
uncommon among the well-to-do in London. Condoms were used to deter
disease, but were still crude, coarse, uncomfortable, and unreliable.
London had almost double the mortality rate of the nation. The number
of baptisms in London were about 80% of its burials. About 40% of the
deaths in London were among children under two, due to infantile
diseases fostered by malnutrition, maternal ignorance such as giving
babies adult food, ill-health, bad water, dirty food, poor hygiene, and
overcrowding. Many children died from diptheria, measles, scarlet
fever, and smallpox. Ten or twelve children with three or four
surviving was a common family pattern. Many well-to-do in London kept
their children in the country for their better health. No matter what
the ailment, physicians regularly bled patients and often gave them
enemas with wooden funnels. Sometimes a blister or irritant was applied
to the skin to draw out the evil humors. Cupping was used to provide
suction to remove pressure from various parts of the body. Also used
were poultices, ointments, and herbal treatments, notably quinine.
Opium was given to deaden pain. There were about 70 drugs in use.
Charms, spells, astrology, and folk remedies still played a major role
in medicine. A physician attended surgeries to give advice. Physicians
could visit apothecary shops once a year and throw away any drugs
falling below an arbitrary standard of excellence. In 1703 the House of
Lords decided a jurisdictional contest between the College of
Physicians and the Society of Apothecaries. It permitted the
apothecaries to direct the remedies as well as to prepare them,
although they could only charge for the drugs they provided. The poor
sought advice from apothecaries.
There was progress in health. Scurvy virtually disappeared as a
cause of death due to the eating of more vegetables. People were
cleaner when wearing cotton, which had to be washed. In 1721, free
inoculations for smallpox began in England, pioneered by Lady Mary
Wortley Montague, also a poet and letter writer. She led the way by
having herself and her son inoculated. Theologicians denounced this
practice as a diabolical interference with disease sent by Providence
for the punishment of sin. Sarah Wallen Mapp was a famous bone-setter.
In 1727 surgeon William Cheselden, whose master was specially licensed
to perform the operation of removing stones in the hospital, reduced
the death rate for removing stones due to hemorrhage, shock, and
infection down to 17% by his invention of a lateral operation. He also
published an anatomy book and treated certain kinds of blindness by
forming an opening in the eye to serve as an artificial pupil. In 1736,
Claudius Aymand conducted the first successful appendectomy.
Nutritional deficiency diseases were beginning to be
understood. In 1753, James Lind, a surgeon in the navy who noted that
more men died of scurvy than in battle, published his work on his
dietary controlled experiment on seamen showing that oranges, lemons,
limes, green food, and onions cured scurvy. He published his methods of
prevention and cure of malarial fevers and his method of disinfecting
ships with the smoke of wood and gunpowder. In 1761, he discovered that
steam from salt water was fresh, and proposed a method of distillation
to supply ships with fresh water. In 1761 Giovanni Morgagni from Italy
opined that disease resulted from a breakdown of organs and tissues
that was viewable on autopsy. He wrote an extensive book showing the
anatomy of diseases, e.g. affections of pericardium and aorta, (e.g.
aneurysm), valve diseases, ulceration, rupture, dilation, and
hypertrophy. He associated clinical observation with anatomy of
disease. For example, pain on the left upper chest, numbness of the
left arm, and difficulty breathing occurring together with exertion
were associated with dilation of the aorta and hardening of arteries,
which caused delay of blood in the aorta, in the heart, and in the lung
vessels. Bernoulli showed that the living human body constantly changes
so that all its particles are renewed in a certain number of years.
Stephen Hale described the first quantitative estimate of blood
pressure and fundamental characteristics of blood circulation. In 1728,
Frenchman Dr. Pierre Fauchard, the father of dentistry, recommended
rubbing one's teeth and gums with a piece of sponge.
Since three out of four babies died shortly after birth, beds
in hospitals for pregnant women were established starting in 1739. The
next year physicians began to replace midwives. A hospital was
established for abandoned foundling children in 1739 so they wouldn't
die, as they usually did, in the care of parishes or workhouses or be
exposed in the streets or left on door steps of the wealthy. It was
besieged by women with babies in their arms. In 1762 a statute made the
principles of the foundling hospital obligatory for all London parish
children under six; they were to be sent to nurses outside London who
were to be paid at least 2s. a week by the parish. In 1766, this was
extended to all parishes, and nurses who cared for a child well for a
year was given a reward of at least 10s. Also, parish children were not
allowed to be apprenticed for more than seven years or until age 21 and
an apprentice fee of at least 4 pounds, 2s. was to be paid to the
master or mistress by the parish.
After 1740, there was a steady growth of population due to
improved midwifery. William Smellie taught scientific midwifery in
London from 1741 and wrote a "Treatise on Midwifery" in 1752, which had
a clear explanation of the mechanism of labor. At this time there were
several maternity hospitals. Forceps existed for difficult deliveries.
In 1750, Dr. Cadogan wrote his book: "An Essay on the Nursing and
Management of Children, which made a great improvement in the care of
young children. For instance, it recommended loose clothing, no tight
swaddling clothes, and a simple diet. Swaddling clothes were used to
retain a baby's evacuations but produced discomfort and serious skin
conditions. A hospital was founded for venereal diseases in 1746,
another as an asylum for the penitent and orphaned girls who might
otherwise be inclined to prostitution, and yet another for prostitutes
in 1758. Coitus interruptus was widely used for birth control. There
were also clandestine abortions and intentional neglect of newborns.
Melancholy was widespread. Suicides were frequent and drugs
were sold for this purpose. In 1725, the mentally ill were classified
as curable or incurable. There were many private asylums. A lunatic who
was furiously mad and dangerous was required to be safely locked up or
chained in his place of settlement. There were frequent and dangerous
abuses in madhouses, so in 1774, no one was to keep or confine more
than one lunatic without a license granted by the Royal College of
Physicians or else forfeit 500 pounds. A Justice of the Peace and a
physician inspected all madhouses to observe conditions and care of
patients there. If refused admittance, the license was forfeited.
In 1712 was the last time a monarch touched a person to cure
him of a malady such as scrofula.
In 1743 surgery students began to dissect corpses with their
own hands to better learn anatomy. In 1744 the Company of Surgeons was
separated out of the Company of Barber-Surgeons. The barbers were
proscribed from performing surgery and had to have a separate
corporation from the surgeons because of the ignorance and
unskillfulness of barbers healing wounds, blows, and hurts e.g. by
blood letting and drawing of teeth. There was a Surgeon's Hall,
officers chosen by the surgeons, and bylaws. The surgeons were required
to examine candidates for the position of surgeon in the king's army
and navy. They were exempted from parish, ward, and leet offices, and
juries. In 1752, a statute provided that the corpses of murderers were
to be sent to the Surgeon's Hall to be anatomized, for the purpose of
deterring murders. The penalty for rescuing the corpse of a murderer
was to suffer death.
The first dispensary for the poor was established in 1769 to
give free medicine and treatment to the infant poor, and then to the
infants of the industrious poor.
The progress of science was seen to threaten the authority of
the church. There was a general belief in God, but not much attention
to Jesus. Feared to come were free thought, rationalism, and atheism.
There was still a big gap between local parsons and bishops, who were
educated, well-off, and related to the aristocracy. On the whole,
preachers talked about morality and Christian belief. They stressed
good works and benevolence. But many Protestant clergy were more
concerned with their own livings than with their parishioners. They
were indolent and did not set a good example of moral living.
From 1715, Freemasonry spread and swiftly provided a spiritual
haven for those who believed in God and desired ritual and mysticism.
About 1744, John Wesley, the son of an Anglican clergyman,
became a religious leader for mining and industrial laborers, who were
crowded into the slums of industrializing cities, and largely ignored
by the Church of England. He had been led to this by a profound
religious experience. He led an evangelical revival with a promise of
individual salvation. He lead an aesthetic life, eating bread, and
sleeping on boards. The person to be saved from the horrors of eternal
damnation in hell was to discipline himself to regular prayer,
self-criticism, and hard work and to forsake worldly pleasures such as
drinking, overeating, and even frivolous talk. This methodical
regularity of living led to the movement being called Methodist. Wesley
believed in witchcraft and magic. He opined that bodily diseases and
insanity could be caused by devils and that some dreams are caused by
occult powers of evil. The Methodists engaged increasingly in
philanthropic activities. They gave to the poor, and visited the sick
and the imprisoned. Wesley preached in the open air where all who
wanted to attend could attend and also wear whatever clothes they had.
Large crowds of poor people gathered for these meetings. Crowds of poor
people were generally feared because of their mob potential. These
Methodist meetings were stormed as were Quaker meetings, with shouts of
"the church in danger". The Methodists' homes were invaded and their
belongings destroyed or taken or their persons beaten with tacit
permission of authorities. Some Justices of the Peace drafted preachers
into the army or navy as vagabonds. Eventually, however, the Methodist
revival imbued energy and piety into the lethargic clergy of the
established church. A new moral enthusiasm and philanthropic energy
grabbed the nation. Prisons were reformed, penal laws made more wise,
slave trade abolished, and popular education given momentum. In the
established church, charity gained precedence over theology and comfort
over self-examination and guilt. Evangelist George Whitfield preached
Calvinism and it split off from Methodism. Then Calvinism went into
full decline. Presbyterianism collapsed into Unitarianism and a general
tendency towards deism developed.
Church sanctuary was abolished for those accused of civil
offenses.
There was much travel by scheduled coaches, which usually
carried several passengers and were drawn by four horses. Regular
service of public vehicles to and from London went four miles an hour;
it took two days to go from London to Oxford. It was not unusual for a
coach to bog down or overturn. Sometimes it had to detour around an
impassable stretch of road or borrow a couple of oxen from a nearby
farm to get out of a quagmire. Men and horses drowned in some of the
potholes. Robbery was endemic and some of the roads were so unsafe from
highwaymen that bands of armed horsemen were hired to accompany the
coaches. It was not unusual to come across gibbets for hanging at
crossroads. In London inns at coach stops, there were casual workers
who were associated with gangs of thieves specializing in passengers'
goods. These workers would inform their associate thieves of specific
goods that had been loaded onto certain coaches, which were then robbed
selectively. Traveling merchants preferred packhorses to carts because
they could cross overland or through watercourses more easily. These
pack horses traveled in regular caravans in single file. The leader had
a bell around his neck to warn, from a distance, riders or carts coming
in the opposite direction. Carts traveled about two miles an hour. In
1711 the trustee system superseded administration by the Justices of
the Peace of the turnpike system, including tolls and toll booths. The
toll booths were frequently attacked by riotous mobs. So anyone pulling
down or destroying turnpike gates at which tolls were to be paid went
to prison or was put to hard labor in a House of Correction for three
months without bail. He was also whipped in the market place between
11:00 and 2:00. If he offended a second time, he was transported for
seven years. Later the penalty of prison up to three years was added as
an alternative. The hundred had to pay the damages up to 20 pounds. The
penalty for threatening the toll collector or forcibly passing through
was 5 pounds for the first offense, and 10 pounds for the second
offense with imprisonment for one year for those who couldn't pay.
By 1750, about 60 miles could be made in a day. The turnpike
trusts took over most of London's major highways during the 1700s.
There was no travel on Sundays until 1750.
In 1745, shocked by the difficulty caused by bad roads in
concentrating the royal army to stop the Scottish invasion, the king
began systematically to improve all the roads. There was much road and
highway widening and repair, and also river bank and pier repair, going
on all over the country. Marsh lands were drained. Harbors were
deepened. There were numerous statutes trying to adjust the needs of
travel with the condition of the roads. For instance, there had to be a
pole between wheel horses or double shafts. Carriages, wagons, or carts
drawn by more horses, oxen, or animals, or with very heavy loads, or
with wheels bound with iron tires were observed to cause more damage,
so they were restricted or had to pay higher tolls. Then broad and
smooth iron tires were observed to not cause the amount of damage as
did narrow or irregular iron tires and their use was encouraged. From
1741, weighing machines were kept at toll gates. By 1766, turnpike
roads had to be at least 30 feet wide, and hedges and fences thereon
had to be taken down by their owners. Cartways to markets had to be at
least 20 feet wide, and horseways 3 (later 8) feet wide. There were
ditches, drains, and gutters to carry off water. Names and abodes of
owners were to be put on carriages, wagons, and carts or forfeit 2-5
pounds, except for carriages or coaches of a nobleman or gentleman for
his private use or those drawn by only one horse or two oxen, or those
with wide wheels and a light load. There were town name signs,
direction posts, and milestones. In 1773, the Surveyors and the
Commissioners of Turnpikes were given authority to requisition local
men, carts and draught animals for compulsory labor, or money instead,
in maintaining the roads and making new ditches and drains. They could
take any local sand, gravel, chalk, or stone from waste or common land
or, if not needed by and satisfaction was made to the owner, from
enclosed land. The surveyor was to be chosen locally for a year and
could be given an allowance. New roads required the consent of the
landowners and a negotiated price.
A driver of a carriage, wagon, or cart on the public highway
who by negligence or misbehavior caused any hurt or damage to a person
or any other carriage or hindered free passage of any other carriage
was to forfeit up to 20s. Anyone leaving an empty cart or other
obstruction on a public highway was to forfeit up to 20s. Any cart,
wagon, or carriage driven without a person on foot or on horseback
leading it had a forfeiture up to 20s. Any driver of an empty cart,
wagon, or carriage who refused or neglected to make way for any coach
or loaded cart, wagon, or carriage was to forfeit up to 20. Any
offender could be apprehended without warrant by anyone who saw his
offense, and who was then to deliver him to a constable or other peace
officer.
By 1719, the mail service was well-regulated. Letter rates
within 80 miles of London were 3d. per piece of paper, then 12d. per
ounce. Within 60 miles of New York City in America there were 4d. per
piece of paper, then 1s.4d. per ounce. Letters were still carried by
post horses. From London to New York, they were 1s. per piece of paper
for the first three pieces, then 4s. per ounce. In 1765, this rate was
extended to all colonial ports.
In 1754, canals began to be constructed linking the main
rivers. The barges were hauled by horses or men from the land near the
river's edge. Now goods of many inland towns cheapened and reached a
national instead of just a local market. In 1761 an almost illiterate
man called James Brindley cut the first real canal at Worsley for the
Duke of Bridgewater, who owned the coal deposits there. He kept the
line of the canal at one level to avoid having to make locks. It
crossed one river as a forty foot high aqueduct. He refused to use the
beds of small rivers, whose sluggish flow gave no adequate security
against silting. Coal at the destination point of Manchester fell to
half its former price. After Wedgwood headed a campaign to persuade
Parliament to construct a certain canal, he bought adjacent land on
which he built his great factory.
In 1713, the maximum interest rate that could be charged was
reduced to 5% for the advancement of trade and improvement of lands
because that rate was the norm in foreign lands. Thus the maximum
interest rate fell from 10 to 8 to 6 and then to 5%. When Issac Newton
was Master of the Mint, he noted that too restricted a currency caused
a high interest rate to prevail, which was bad for commerce and the
plans to set the poor to work, but that too large a quantity of money
in circulation caused interest rates to fall, which encouraged luxury
imports and the export of bullion.
The Bank of England provided a safer deposit and lower interest
than goldsmiths or scriveners. It also issued notes for 10 and 15
(since 1759), and 20 pounds. Outside retail trade and wages payments,
business was conducted on a credit basis with a paper promise to pay at
some future date. Check use was still formal and rare. Tradesmen
typically authorized their apprentices to "write off or draw" from
their accounts, bringing their bank books. Depositors authorized other
people such as certain servants, relatives, cashiers, or company
secretaries to make use of their accounts. After 1721, the Bank
dividend was about 6% a year.
Promissory notes were assignable and endorsable and the holder
could recover against the signer or any endorser as was the case with
bills of exchange. In 1775, no more promissory or other notes, bills of
exchange, draughts, or undertakings in writing and being negotiable or
transferable could be made for under 20s., because it was hard for the
poorer sort of manufacturer, artificer, laborer and others to use them
without being subject to great extortion and abuse. Cash was to be used
instead.
By 1711, government finances had become so chaotic that the
Chancellor of the Exchequer sought to re-establish public credit by
means of a chartered commercial company, the shares of which were
offered in substitution for government stock. This South Sea Company
was established in 1711 with a monopoly to trade in South America. The
prospects of huge profits sent the share prices soaring. There was also
an increase in the money supply. These factors led to a speculation
bubble in 1720 in this stock. Also, many stock-jobbers promoted
companies of every description, such as one to extract gold from
seawater. There was an insurance boom with about seventy insurance
companies in existence, many virtually gambling in life contingencies.
There was speculation in insurance for all types of occurrences, such
as housebreaking, highway robbery, death by gin-drinking, and horses
becoming disabled. The total capital invested in all these enterprises
rose to over five times the cash resources of all Europe. When the
bubble burst, 100 pound South Sea stock had gone up to 1050 pounds and
back down again to 120. Since the government had in effect bought this
stock at a low price and paid off its debt with this stock at a high
price, this bubble relieved the government of much of its massive debt.
It also redistributed wealth. After the bubble burst, investors took
refuge in investing in 3-4% government fixed-interest securities. A
result of this bubble burst was the chartering of two corporations for
marine insurance and prohibition of such by any partnership or firm.
Private persons could continue to write policies, and they chose
Lloyd's Coffeehouse as their headquarters; it came to dominate the
world of marine insurance after the two chartered companies came to
concentrate on fire and life insurance. Lloyd's list became the
foundation for a new newspaper. There were specialty boxes at Lloyd's
such as on America or the Baltic. Many ships were reported captured by
enemies or pirates, but underwriting insurance was a lucrative business
for many.
In 1717 the gold guinea was assigned a value of 21s. In 1774,
the gold standard was introduced. In 1774, clipped and deficient gold
coin was called in to be exchanged for new coin.
Local taxes were collected for the church, the poor, county
courts of justice, borough administration, and highways. National taxes
included the income, customs, and excise taxes. When the government
tried to levy excise taxes on wine, tobacco, and then on cider, there
was a public protest with mobs demonstrating against the power given to
excise inspectors to search in people's homes. These excise taxes were
no longer levied.
Duties were placed on items for encouraging industries within
the country and to pay the expenses of government. There were more and
higher duties to pay for war. At various times there were duties on
hides, skins, seal skins, gilt and silver wire, malt, mum [strong beer
made from malted wheat], cider, perry, spices, tea, coffee, cocoa nuts,
chocolate, cocoa paste, snuff, chinaware, drugs, calicoes, herrings,
apples, oysters, raw Italian and Chinese silk, gum arabic, gum senega,
tallow, hogs-lard, grease, beaver skins and wool, imported brandy,
raisins, coals and coal dust, coaches for one's own use or for hire,
except licensed hackney coaches; silver plate owned by persons,
corporations, and bodies politic; leases, bonds, and other deeds;
licenses for retailing wine, beer, and ale; 5% of salaries, fees, and
perquisites from office and employments including royal pensions and
gratuities over 100 pounds. When the price of wheat was high, as in
1765, when it was 6s. per bushel, wheat products could not be exported.
At other times, they could not be imported. Duties on imported wheat,
barley, rye, oats, beans, rice, Indian corn were also dropped. The
prohibition of importing salted beef, pork, bacon, and butter was
dropped. In 1770, no live cattle, pigs, mutton, pork, beef, either
fresh or salted could be exported or forfeit 50 pounds for every such
animal or 5s. per pound of such meat. In 1773, peas, beans, bacon,
hams, and cheese could be imported duty free, and in 1775 Labrador
codfish. In 1775, raw goat skins could be imported duty-free to improve
the domestic manufacture of red, green, and blue leather.
In 1773, there were given costs above which various commodities
could not be exported: wheat at 44s. per quarter, rye, peas, or beans
at 28s., barley and beer at 22s., oats at 14s. or else forfeit the
goods, 20s. per bushel and the ship or boat in which laden. (There are
8 bushes in a quarter.)
A window tax replaced the hearth tax. These duties were 2s. on
dwelling houses, increased by 6d. per window for houses with 10-14
windows, and increased by 9d. per window for houses with 15-19 windows,
and increased by 1s. per window for houses with 20 or more windows, per
year to be paid by the occupant. These were increased three more times,
until the dwelling house duty was 3s. and the duty for 25 or more
windows was 2s. Another duty for war was that on imported starch,
certain imported clothes, cards, dice, soap, vellum, parchment, and
paper made in the realm (4d.-1s.6d. per ream depending on quality) or
imported (1-16s. per ream). For pamphlets and newspapers made in the
realm there was a duty of 2d. per sheet and 12d. for every
advertisement. When the duty was paid, the paper was stamped. The
penalty for nonpayment was 10 pounds for sellers and 5 pounds for those
writing or printing on the paper. Later, there was a penalty of
imprisonment in a House of Correction up to three months for sellers or
hawkers of pamphlets or newspapers, and the apprehender received a
reward of 20s. A parson marrying a couple without publishing banns or
license could forfeit 100 pounds.
Not paying duties was punishable by various forfeitures of
money. Officers for duties could search warehouses on suspicion of
concealment of coffee, tea, chocolate, or cocoa beans with an intent to
avoid duties after making an oath before a duty commissioner or Justice
of the Peace setting forth the grounds of such suspicion. A special
warrant could be issued authorizing the officer to seize such goods.
Wars were funded not only by some duties, but by lotteries and
short-term funding purchased at 5% yearly interest from the Bank of
England and by long-term funding by the sale of annuities.
County militias could be raised and called out to march
together in order to be better prepared to suppress insurrections or
invasions. Their horsemen were to be provided with broad sword, a case
of pistols with 12 inch barrels, a carabine with belt and bucket, a
saddle, and a bit and bridle. Each foot soldier was to be provided with
a bayonet, a cartouch-box, and a sword. In the militia act of 1757,
there were quotas for each parish, to be chosen by lot from lists of
men 18-50 years old. After militia service for three years, one could
not be called again until by rotation, and, if married, he was allowed
to practice any trade in which he was able in any town or place. While
he was in the militia, his parish had to pay an allowance to his
family, if distressed, the usual price of an agricultural laborer,
according to the number and ages of the children. Quakers could provide
a substitute or pay money to defray expenses of a substitute for three
years. Exempt were peers, commissioned officers in royal army or royal
castle, other military personnel, members of either university,
clergymen, teachers of any separate congregation, constables and peace
officers, and watermen of the Thames River.
This militia act was due to an invasion scare in 1756 because
Great Britain then had no allies on the continent. The old strategy of
maintaining a small army of 17,000 men and relying on volunteers had
really depended on England's allies to tie down France's land forces.
The militia act of 1757 was designed to reassure squires they would not
be used as adjuncts to the army. Only those with much property could be
officers. Enlistees could still carry on their trades and jobs. Costs
were to be from general taxation rather than by locality. But it was
almost impossible to get officers and there were many riots when parish
authorities tried to draw up lists of those liable to serve. In 1759
the navy prevented French invasion.
Able-bodied men without a calling, employment, or visible means
of maintenance or livelihood could be searched for and conscripted into
the army. Volunteers who enlisted were paid 40s. and were not taken out
of her majesty's service by any process other than for some criminal
matter. King George II was the last king to lead his troops into
battle. Later, parishes were given 20s. for every soldier they
summoned. Also, persons who had a vote for member of Parliament were
exempted.
Whipping was the usual punishment for offenses. A soldier who
deserted or joined in any mutiny or sedition in the royal army within
the realm was to suffer death or any other punishment determined by
court martial. In 1760, a soldier (later, or a marine) who slept at his
post, left his post before being relieved, communicated with any rebel
or enemy, struck or disobeyed any superior officer could suffer death,
including those soldiers in America.
During war, chief officers of towns quartered and billeted
royal army officers and soldiers in inns, livery stables, alehouses,
and victualing houses for 4d. a day, but not in any private house
without consent of the owner. From 1714 to 1739, the army regiments
were split up and scattered among the ale-houses of small towns for
maintenance; this was to disperse the soldiers. It was easier to count
them, thereby keeping a check on their number, which might be
exaggerated if they were in large groups in barracks. The towns
protested having to maintain soldiers and town magistrates imposed
severe penalties for small offenses by soldiers. Their drunkenness and
violence were not tolerated as they were for ordinary people. Their
officers not being with them, the soldiers retaliated with
troublesomeness. As of 1763 English troops could be quartered in
unoccupied houses or barns and supplied with necessities such as
bedding, firewood, candles, vinegar, salt, cooking utensils, and beer
or cider. The Royal Hospital gave pensions to maimed and worn out
soldiers treated there.
Sailors had more status than soldiers because they had regular
work as seamen in times of peace and they did not remind the people of
the idea of a standing army, which they had hated especially since
Cromwell.
Justices of the Peace, mayors, and other officers could bind
boys as apprentices to sea service if they were at least ten and their
parents were chargeable to the parish or begged for alms. This
indenture to the masters or owners of ships lasted until the boy
reached 21. The boy's parish paid 50s. for clothing and bedding for
such sea service. No such apprentice could be impressed into the navy
until at least 18 years of age. Master and owners of ships that carried
30-50 tuns had to take one such apprentice and one more boy for the
next 50 tuns, and one more boy for every 100 tuns over 100 tuns, or
else forfeit 10 pounds to the boy's parish. Boys voluntarily binding
themselves to such sea service were exempt from impressment for the
next three years. This was to increase the number of able and
experience mariners and seamen for the navy and for the trade and
commerce of the nation.
No masters or commanders of merchant ships were to proceed on a
voyage beyond the seas without first agreeing in writing on wages with
the seamen, except for apprentices. Such agreement had to be signed by
the seamen. Offenders were to forfeit 5 pounds per seaman, which sum
went to the use of Greenwich Hospital. Any seaman leaving the ship
before being discharged in writing was to forfeit one month's pay
because too many left the ship before it was unladen.
There were some ships of 2000 tons. The steering wheel had been
introduced because a sudden heavy sea could wrest a tiller from the
hands of a helmsman. Triangular head-sails with jib boom and stay-sails
on stays between masts were in use so that ships could sail closer into
the wind. The length of ships was still determined by the same length
of trees that could be grown. Sailing ships were still vulnerable to a
lee shore. Latitude was easy to determine using the reflecting octant
invented by John Hadley in 1731, and a sextant invented in 1757, with
mirrors and a small telescope to measure the angle between a celestial
body such as the sun or north star and the horizon. But longitude could
not be determined with any degree of accuracy. One method relied on
accurate predictions of the future position of the moon as observed
from a fixed reference point, such as Greenwich. By precisely observing
the local time of the moon's occultation of a known star at a
particular place, and looking up in a table the predicted time of the
event at Greenwich, one could approximate the time difference of the
place from Greenwich. There were so many shipwrecks on this account
that the government offered a reward to anyone who found a way to
measure longitude accurately. In 1763 carpenter and clockmaker John
Harrison made the chronometer to do this with an accuracy of 2 1/2
seconds per month, and received 5,000 pounds. He was promised 10,000
pounds to explain the principle of his timekeeper and build three more.
The chronometer kept time with extreme accuracy and was mounted to
remove the effect of the ship's motion. To find a ship's position, a
navigator noted the time and measured the positions of certain stars.
He compared these positions with tables that showed the stars'
positions at Greenwich mean time, and then calculated the ship's
position.
Officer positions were no longer bought, but were subject to
examination for a minimum of knowledge, especially in navigation. In
1729 the Naval Academy was established. Boys entered at age 13 to 16
and spent two or three years there.
Only about 15% of the crew of navy ships were volunteers. Many
were gaolbirds, having chosen the Navy over more gaol time for debt.
Press gangs seized men in the port towns and from ships coming into
harbor. From 10% to 20% of the crew were foreigners, many of these
pressed men. About 1756, the Marine Society was founded for training
and placing poor boys in work in naval and merchant ships. This not
only supplied men and boys for the Navy, but saved boys from a life of
vagrancy and crime. These boys usually became reliable and obedient
sailors.
The life of a sailor was a hard one, requiring much strength.
Sailors did not know how to swim, so falling overboard usually meant
death. Flogging was the usual punishment in the Navy, even for small
offenses. The amount of flogging due for each offense rose over time.
If flogging were fatal, there would be an inquiry and occasionally
punishment. A sailor's meals were usually hard bread invested with
weevils and maggots, dried or salted meat or fish, and small quantities
of oatmeal, butter, and cheese. Many sailors had scurvy or other
deficiency diseases. Experiments with lime and lemon juice as remedies
for scurvy were made around 1764, but were not used in the Navy until
about 1800. Many more sailors died from these diseases than from
battle. Rum and water was a daily ration introduced in 1745. The
ordinary sailor was paid about one pound a month, a rate established in
1650s which became outdated. This was not in cash, but in a ticket
which entitled him to payment in full if he presented it at the pay
office in London, but was subject to swinging deductions if he tried to
cash it in another port.
Prize money from conquered ships was substantial. To encourage
seamen to enter the navy, Parliament provided that the prizes be
divided among flag officers, commanders, other officers, seamen,
marines, and soldiers on board every ship of war, including private
ships commissioned by the Admiral, as directed by the king, or as
agreed with the owner of a private ship. It included an enemy's ships,
and goods and arms on the ships or in fortresses on the land. There was
also bounty money for enemy ships taken or destroyed. For retaking or
salvaging English goods taken by the enemy, 1/8th their value was paid.
Privateers colluding with others to fraudulently take their merchant
ships forfeited their ships, with 1/3rd going to the person who made
the discovery and prosecuted.
Later, any able seaman volunteering for the navy was to receive
5 pounds bounty. Any seaman volunteering for the navy was to receive a
bounty of 3 pounds. If a navy seaman was killed or drowned, his widow
was to receive a year's pay as bounty. No seaman in a merchant ship was
to receive more than 35s. per month because of war at that time.
Still later, anyone who ran goods or avoided customs was
excused and indemnified if he enlisted in the navy as a common sailor
for three years.
Those under 18 or over 55 were made exempt from impressment
into the king's service. The time of service was limited to five years
if the serviceman so demanded. Worn out and decrepit seamen no longer
being treated at the Royal Hospital for Seamen at Greenwich received a
pension as determined by the hospital.
In war, the Navy favored blockading tactics over attack by
fireships, which grew obsolete. In peace, when not used in convoys to
remote lands, many ships of war were used as cruisers to guard the
coast, to trade, and to accompany merchant ships going out and
returning home. About 1755, marine forces of the navy were raised and
quartered on shore.
No war ship could carry goods except gold, silver, and jewels
and except the goods of a ship in danger of shipwreck or already
shipwrecked.
The king was authorized to prohibit the export of gunpowder,
saltpeter, ammunition, and arms.
When a ship had been forced on shore or stranded on the coast,
it had been the practice for people to plunder it and to demand high
payment for salvaging its goods. So a statute required that salvage
only be done by sheriff, mayors, and other officials. A person who
defaced the marks on goods or hindered the saving of the ship had to
pay double satisfaction to the person aggrieved and spend 12 months at
hard labor in a House of Correction. If a person unduly carried off
goods, he forfeited treble damages. If he made a hole in the ship or
stole the pump from the ship, he was guilty of felony without benefit
of clergy.
The owner of the island of Skerries was allowed to erect a
lighthouse and charge passing ships other than Navy ships 1d. per tun.
Only pilots examined and admitted into the society of pilots
and, if no such pilot was readily available, a ship's own owner,
master, or mate could pilot ships up the Thames River, or else forfeit
10 pounds for the first offense, 20 pounds for the second, and 40
pounds thereafter. Any pilot losing a ship could no longer be a pilot.
There had to be at least 120 qualified pilots. The prices of piloting
were 3 pounds 10s. for ships drawing 7 feet of water, and 10s. more for
each additional foot drawn up to 8 pounds 10s. for ships drawing 17
feet of water.
To preserve navigation, ships were not to throw any ballast,
filth, rubbish, gravel, earth, stone, or filth into rivers or ports
where the tide or water flowed or ran or else forfeit 50s.- 5 pounds.
Ships on the Thames River could take as ballast to stabilize a ship
without cargo: dung, compost, earth, or soil from laystalls in London.
There was a toll on ships entering the port of London to pay for
repairs to its walls.
Many persons insuring ships for large premiums became bankrupt,
thus ruining or impoverishing many merchants and traders. So the king
was authorized to grant charters to two distinct corporations for the
insurance of ships, goods, and merchandise or going to sea or for
lending money upon bottomry [borrowing money and and pledging the ship
as security]. Each corporation had to pay 300,000 pounds to the
Exchequer and to have sufficient ready money to pay for losses insured
by them. They were to raise capital stock and could make calls of money
from their members in proportion to their stocks for any further money
required.
Any owner, master, or mariner who cast away, burned, or
otherwise destroyed a ship to the prejudice of underwriters of policies
of insurance or of any merchants whose goods have been loaded on the
ship was to suffer death.
The owners of ships were not liable for losses by reason of
theft without their knowledge by the master or mariners of goods beyond
the value of the ship. This was to prevent the discouragement of owning
ships.
The insurance of merchant ships must give salvage rights
[rights to take what may be left of the ships insured after paying the
insurance on them] to the insurer. A lender on bottomry had benefit of
salvage. No insurance could be for a greater amount than the value of
one's interest in the ship or in the goods on board.
No waterman carrying passengers or goods for hire e.g. by
wherryboat, tiltboat, or rowbarge, on the Thames River could take an
apprentice unless he was a housekeeper or had some known place of abode
where he could keep such apprentice or else forfeit ten pounds, and if
he couldn't pay, do hard labor at the House of Correction for 14-30
days. Also he could not keep the apprentice bound to him. No apprentice
could be entrusted with a vessel until he was 16 if a waterman's son
and 17 if was he the son of a landman, and he had at least two years'
experience. None but freemen, i.e. one having served an apprenticeship
of seven years, could row or work any vessel for hire or be subject to
the same punishment. This was to avoid the mischiefs which happen by
entrusting apprentices too weak, unable, and unskillful in the work,
with the care of goods and lives of passengers. Later amendment
required that apprentices be age 14 to 20 and that there be no more
than 40 passengers, with the penalty of transportation if there were
over 40 and one drowned.
No boat on the Thames River could be used for selling liquors,
tobacco, fruit, or gingerbread to seamen and laborers because such had
led to theft of ropes, cables, goods, and stores from the ships.
Excepted were boats registered at the guilds of Trinity and of St.
Clement, but they had to show their owner's name and could only operate
in daylight hours. The penalty was forfeiture of the boat.
All ships coming from places infected with the plague had to be
quarantined and any person leaving a quarantined ship had to return and
later forfeit 20 pounds, of which 1/3 could go to the informer, the
rest to the poor. This was later raised to 200 pounds and six months in
prison, and if the person escaped, he was to suffer death. Also later,
a master of a ship coming from infected places or having infected
people on board was guilty of felony and forfeited 200 pounds. If he
did not take his vessel to the quarantine area on notice, he forfeited
a further 200 pounds (later 500 pounds) and the ship, which could then
be burned. The king was authorized to prohibit commerce for one year
with any country infected by the plague and to forbid any persons of
the realm from going to an infected place.
By 1714, there was a clear distinction between a king's private
income and the Crown's public revenue. From 1714, the king's Treasurer
as a matter of routine submitted annual budgets to Parliament. He was
usually also the leader of the House of Commons and the Chancellor of
the Exchequer.
Proclamations by the Crown were more restricted to colonial and
foreign affairs, to executive orders, and to instructions to officials.
The high offices included the Chancellor, Treasurer, Keeper, President
of the Council, Privy Seal, and two Secretaries of State, who were in
charge of all foreign and domestic matters other than taxation, one for
the north and one for the south. With Thomas More, the Chancellor had
become more of a judge and less of a statesman. Other offices were:
Paymaster General, Secretary of War, and Treasurer of the Navy.
Starting with the monarch, government positions were given by patronage
to friends and relatives, or if none, to the highest bidder. These
offices were usually milked for fees and employed deputies, clerks, and
scribes who worked for long hours at very modest wages. Most people
believed that the offices of power and influence in the realm belonged
to the nobility and gentry as indubitably as the throne belonged to the
king. Assaulting, wounding, striking, or trying to kill a member of the
Privy Council engaged in his duties was punishable by death without
benefit of clergy. Civil and military commissions, patents, grants of
any office or employment, including Justice of Assize, Justice of the
Peace, court writs, court proceedings continued in force for six months
after a king's death, unless superceded in the meantime.
The king's ministers were those members of his Privy Council
who carried out the work of government. By distributing patronage, the
ministers acquired the influence to become leading members of the House
of Commons or the House of Lords. They made policy, secured the king's
consent, and then put through the necessary legislation. The king was
to act only through his ministers and all public business was to be
formally done in Privy Council with all its decisions signed by its
members. The king gradually lost power. The last royal veto of a
Parliamentary bill was in 1708. By 1714, the Privy Council ceased
making decisions of policy. Instead a cabinet not identified with any
particular party was chosen by the Queen, who presided over their
meetings, which were held every Sunday. It dealt with Parliament. In
1720, the number of peers in the House of Lords was fixed, so that the
Crown could create no more. About 1720, Robert Walpole, son of a
country squire, who came to be first minister of the Crown and the
leader of the Whigs, organized the cabinet so that it was of one view.
He led it for twenty years and thus became the first prime minister. A
prime minister was needed because the king spoke no English. Walpole
was brilliant at finance and lessened taxation. He restored trust in
the government after the South Sea bubble scandal. He was successful in
preserving the peace with other nations and providing stability in
England that led to prosperity. The Whigs opposed a standing army and
over-reaching influence of the Crown. They espoused the liberty of
individual subjects. Their slogan was "liberty and property". They
generally favored foreign wars.
Members of the Parliament felt responsible for the good of the
whole country instead of accounting to their electors, but self-
interest also played a part. Leading commercial magnates of the realm
sought to be members of Parliament or governors of the Bank of England
so they could take up government loans at advantageous rates, snap up
contracts to supply government departments at exorbitant prices, and
play an important part in deciding what duties should be charged on
what goods. About 5% of the population could vote. Voting was open,
rather than by secret ballot. Seats in Parliament could normally be
bought either by coming to an arrangement with some landowner who had
the right to nominate to a closed seat or by buying enough votes in
constituencies where the electorate was larger and the contest more
open. Factory owners and leading landowners sat together on committees
drawing up plans for public works such as canal building, obtained the
necessary permits from public authorities and organized the whole
enterprise. In 1714, Parliament was allowed to last for seven years
unless sooner dissolved by the king because of the expense and tumult
of elections, which frequently occasioned riots, and sometimes battles
in which men were killed and prisoners taken on both sides. Politics
had become a career. Members of Parliament could not be arrested while
Parliament was in session.
As of 1710, electees to the Commons had to have 600 pounds
annual income for knights or 300 pounds annually for burgesses. This
did not include the eldest son or heir apparent of any peer or lord of
Parliament or any person with the above qualifications. The
universities were exempted.
As of 1729, a person electing a member of the Commons had to
swear or affirm that he had not received any money, office, employment,
or reward or promise of such for his vote. If he swore falsely, it was
perjury and he was to forfeit 500 pounds and his right to vote. Later,
voters for member of Parliament had to have residence for a year. Still
later, voters were required to have been freemen of the city or town
for one year or else forfeit 100 pounds, except if entitled to freedom
by birth, marriage, or servitude according to the custom of such city
or town. Voters were still required to have a freehold of land of 40s.
a year income, but holders of estates by copy of court roll were
specifically precluded from voting or else forfeit 50 pounds.
In 1724, since unauthorized persons had intruded into
assemblies of citizens of London and presumed to vote therein, the
presiding officer -appointed clerks to take the poll and oath required
for elections for Parliament, mayor, sheriffs, chamberlains,
bridgemasters, and auditors of chamberlains. The oath was that one was
a freeman of London, a liveryman of a certain named company, had been
so for 12 months, and had named his place of abode. The oath for
alderman or common council elections was that the voter was a freeman
of London and a householder in a named ward who had paid scot of at
least a total of 30s. and bore lot. A list of the voters and of persons
disallowed was given to candidates by the presiding officer.
Soldiers could not be quartered within 20 miles of a place of
election so that the election was kept free.
Voters in public corporations must have held their stock for
six months before voting them to discourage splitting stock and making
temporary conveyances thereof to give certain people more of a vote,
e.g. in declaring dividends and choosing directors.
Ambassadors were made immune from arrest, prosecution and
imprisonment to preserve their rights and privileges and protection by
the Queen and the law of nations.
The Supporters of the Bill of Rights Society was founded and
paid agents to give speeches throughout the country and used the press
for its goals.
James Burgh demanded universal suffrage in his 1773 book:
"Political Disquisitions".
In 1707 there was union with Scotland, in which their
Parliaments were combined into one. The country was known as Great
Britain. The last Scottish rebellion resulted in attainder of its
leaders for levying war against the king. In 1746, they were given the
chance to surrender by a certain date, and receive a pardon on
condition of transportation. In 1747, anyone impeached by the Commons
of high treason whereby there could be corruption of the blood or for
misprison of such treason could make his defense by up to two counsel
learned in the law, who were assigned for that purpose on the
application of the person impeached. In 1748, counsel could interrogate
witnesses in such cases where testimony of witnesses were not reduced
to writing.
There was a steady flow of emigrants to the American colonies,
including transported convicts and indentured servants. Delaware became
a colony in 1703. In 1729, the king bought Carolina from its seven
proprietors for 2,500 pounds apiece. Person having estates, rights,
titles, or interest there, except officers, were allowed by Parliament
to sue the king with the court establishing the value to be paid, but
no more than at a rate of 2,500 pounds per 1/8 of the property. Georgia
was chartered in 1733 on request of James Oglethorpe, who became its
first governor, as a refuge for debtors and the poor and needy. It
established the Episcopal Church by law. In 1730 Carolina and 1735
Georgia were allowed to sell rice directly to certain lands instead of
to England only. Later, sugar was allowed to be carried directly from
America to European ports in English ships without first touching some
English port. Foreigners who had lived in the American colonies for
seven years, and later foreigners who served two years in the royal
army in America as soldiers or as engineers, were allowed to become
citizens of Great Britain on taking oaths of loyalty and Protestantism.
This included Quakers and Jews. The Jews could omit the phrase "upon
the true faith of a Christian."
In 1756, indentured servants in America were allowed to
volunteer as soldiers in the British army serving in America. If his
proprietor objected, the servant was to be restored to him or
reasonable compensation given in proportion to the original purchase
price of his service and the time of his service remaining.
There was much competition among countries for colonies. Quebec
and then Montreal in 1760 in Canada were captured from the French.
About 1768 James Cook discovered New Zealand and Australia; his maps
greatly helped future voyages. The English East India Company took over
India as its Mogul Empire broke up.
Manufacturing in the American colonies that would compete with
British industry was suppressed by Great Britain. There were increasing
duties on goods imported into the colonies and restrictions on exports.
In 1763, Parliament imposed duties on foreign imports going to America
via Britain: to wit, sugar, indigo, coffee, certain wines, wrought
silks, calicoes, and cambrick linen. Foreign vessels at anchor or
hovering on colonial coasts and not departing within 48 hours were made
liable to be forfeited with their goods. Uncustomed goods into or
prohibited goods into or out of the colonies seized by customs
officials on the ship or on land and any boats and cattle used to
transport them occasioned a forfeiture of treble value, of which 1/3
went to the king, 1/3 went to the colonial governor, and 1/3 went to
the suer. Any officer making a collusive seizure or other fraud was to
forfeit 500 pounds and his office. In 1765, there was imposed a duty on
papers in the colonies to defray expenses of their defense by the
British military. The duty on every skin, piece of vellum [calf skin]
or parchment, and sheet of paper used in any law court was 3d.- 2
pounds. There were also duties on counselor or solicitor appointments
of 10 pounds per sheet. Duties extended to licenses for retailing
spirituous liquors and wines, bonds for payment of money, warrants for
surveying or setting out of any lands, grants and deeds of land,
appointments to certain civil public offices, indentures, leases,
conveyances, bills of sale, grants and certificates under public seal,
insurance policies, mortgages, passports, pamphlets, newspapers (about
1s. per sheet), advertisements in papers (2s. each), cards, and dice.
The papers taxed were to carry a stamp showing that the duties on them
had been paid. Parliament thought the tax to be fair because it fell on
the colonies in proportion to their wealth. But the colonists saw this
tax as improper because it was a departure from the nature of past
duties in that it was an "internal tax". All of the original thirteen
American colonies had adopted Magna Carta principles directly or
indirectly into their law. The stamp duties seemed to the colonists to
violate these principles of liberty. Patrick Henry asserted that only
Virginia could impose taxes in Virginia. Schoolmaster and lawyer John
Adams in Massachusetts asserted that no freeman should be subject to
any tax to which he had not assented. In theory, colonists had the same
rights as Englishmen per their charters, but in fact, they were not
represented in Parliament and Englishmen in Parliament made the laws
which affected the colonists. They could not be members of the House of
Lords because they did not have property in England. There were
demonstrations and intimidation of stamp agents by the Sons of Liberty.
Merchants agreed to buy no more goods from England. The stamp duty was
repealed the same year it had been enacted because it had been
"attended with many inconveniences and may be productive of
consequences greatly detrimental to the commercial interests of these
kingdoms".
To counter the wide-scale running of goods to avoid the customs
tax, the customs office was reorganized in 1766 to have commissions
resident in the colonies and courts of admiralty established there to
expedite cases of smuggling. This angered the colonists, especially
Boston. Boston smuggling had become a common and respectable business.
It was the port of entry for molasses from the West Indies from which
New England rum was made and exported. The entire molasses trade that
was essential to the New England economy had been built upon massive
customs evasions; royal customs officials had participated in this by
taking only token customs for the sake of appearance in London and
thereby had become rich.
In 1766 Parliament imposed a duty of 3d. per pound weight on
tea and duties on reams of paper, glass, and lead into the colonies.
These import duties were presented as external rather than internal
taxes to counter the rationale the colonies gave against the stamp tax.
But these items were of common use and their duties raised the cost of
living. The king's customs officials were authorized to enter any
house, warehouse, shop, or cellar to search for and seize prohibited or
uncustomed goods by a general writ of assistance.
These writs of assistance had been authorized before and had
angered Bostonians because they had been issued without probable cause.
In Paxton's case of 1761, the Massachusetts Superior Court had declared
legal the issuance of general writs of assistance to customs officers
to search any house for specific goods for which customs had not been
paid. The authority for this was based on the Parliamentary statutes of
1660 and 1662 authorizing warrants to be given to any person to enter,
with the assistance of a public official any house where contraband
goods were suspected to be concealed, to search for and seize those
goods, using force if necessary. They were called "writs of assistance"
because the bearer could command the assistance of a local public
official in making entry and seizure. A "general" writ of assistance
differed from a "special" writ of assistance in that the latter was
issued on a one-time basis. The general writ of assistance in Boston
was good for six months after the death of the issuing sovereign.
Authority relied on for such writs was a 1696 statute giving customs
officers in the colonies the same powers as those in England, a 1699
act by the Massachusetts Provincial Legislature giving the Superior
Court of Massachusetts the same such power as that of the Exchequer,
and the Massachusetts' Governor's direction about 1757 to the
Massachusetts Superior Court of Judicature to perform the function of
issuing such warrants. The Massachusetts court issued them in the
nature of the writs of assistance issued from the Exchequer court in
England, but had issued them routinely instead of requiring the showing
of probable cause based on sworn information that the Exchequer court
required. Few judges in the other American colonies granted the writ.
Seditious libel trials in England and the colonies were
followed closely and their defendants broadly supported. John Wilkes, a
member of the House of Commons, published a criticism of a new minister
in 1763. He called King George's speech on a treaty "the most abandoned
instance of ministerial effrontery ever attempted to be imposed on
mankind". After being found guilty of seditious libel, he again ran for
the House of Commons, and was repeatedly elected and expelled. He was
subsequently elected alderman, sheriff, and mayor of London. In 1770,
Alexander MacDougall was voted guilty of seditious libel by the New
York Colonial Assembly for authoring a handbill which denounced a
collusive agreement by which the assembly voted to furnish supplies for
the British troops in New York in exchange for the royal governor's
signature to a paper-money bill. When he was arrested, the Sons of
Liberty rallied to his support, demanding freedom of the press.
Benjamin Franklin's brother had been imprisoned for a month by the
Massachusetts assembly for printing in his newspaper criticisms of the
assembly. He was forbidden to print the paper. Benjamin supported him
by publishing extracts from other papers, such as "Without freedom of
thought, there can be no such thing as wisdom; and no such thing as
public liberty without freedom of speech... Whoever would overthrow the
liberty of a nation must begin by subduing the freeness of speech; a
thing terrible to public traitors."
By statute of 1766, the New York house of representatives was
prohibited from meeting or voting until they provisioned the King's
troops as required by law.
In 1769, Harvard College seated its students in class in
alphabetical order instead of by social rank according to birth.
By 1769, the colonies' boycott of British goods in protest of
the new duties cause these imports to decline so much that British
merchants protested. So the duties were dropped, except for that on
tea, which was retained as a matter of principle to assert the power of
the crown to tax the colonies. Then in 1773 the East India Company was
allowed to sell tea directly to the colonies to help it avoid
bankruptcy. The effect of this was to lower the cost of tea in the
colonies by avoiding the English middleman, and the American middleman,
but also to give the East India Company a monopoly. The colonies felt
threatened by this power of Britain to give monopolies to traders. When
the tea ships arrived in Boston in late 1773, Bostonians held a town
meeting and decided not to let the tea be landed. They threw this cargo
of tea, worth about 18,000 pounds, overboard. This Boston Tea Party was
a direct challenge to British authority. In response, Parliament closed
the port of Boston until compensation was made to the East India
Company. By statute of 1774, no one was to enter or exit the port of
Boston or else forfeit goods, arms, stores, and boats that carried
goods to ships. Every involved wharf keeper was to forfeit treble the
value of the goods and any boats, horses, cattle, or carriages used.
Ships hovering nearby were to depart within six hours of an order by a
navy ship or customs officer or be forfeited with all goods aboard,
except for ships carrying fuel or victuals brought coastwise for
necessary use and sustenance of inhabitants after search by customs
officers, and with a customs official and armed men for his defense on
board. This statute was passed because of dangerous commotions and
insurrections in Boston to the subversion of the king's government and
destruction of the public peace in which valuable cargoes of tea were
destroyed. Later, the Governor was given the right to send colonists or
magistrates charged with murder or other capital offenses, such as
might be alleged to occur in the suppression of riots or enforcement of
the revenue laws, to England or another colony for trial when he opined
that an impartial trial could not be had in Massachusetts Bay. A later
statute that year altered the charter of Massachusetts Bay province so
that the choice of its council was transferred from the people to the
King to serve at his pleasure, and the appointment and removal of
judges and appointment of sheriffs was transferred to the Governor to
be made without the consent of the council. This was due to the open
resistance to the execution of the laws in Boston. Further, no meeting
of freeholders or inhabitants of townships was to be held without
consent of the Governor after expressing the special business of such
meeting because there had been too many meetings that had passed
dangerous and unwarranted resolutions. Also, jurors were to be selected
by sheriffs rather than elected by freeholders and inhabitants.
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 petty 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.