Any person armed with swords, firearms, or other offensive

weapons and having their faces blackened or otherwise being disguised,

who appears in any forest, park, or grounds enclosed by a wall or fence

wherein deer are kept (including the king's deer) or in any warren or

place where hares or conies are kept or in any high road, open heath,

common, or down, or who unlawfully hunts, wounds, kills, or steals any

deer or steals any hare or rabbit or steals any fish out of any river

or pond or who unlawfully and maliciously breaks down the head or mound

of any fish pond, causing the loss of fish, or who unlawfully and

maliciously kills, maims, or wounds any cattle, or who cuts down any

trees planted in any avenue or growing in any garden or orchard for

ornament, shelter, or profit, or who sets fire to any house, barn or

out house [outer building], hovel, or stack of grain, straw, hay or

wood, or who willfully and maliciously shoots any person in any

dwelling house or other place, or who sends any letter with no

signature or a fictitious signature, demanding money, venison, or other

valuable thing, or who forcibly rescues any person lawfully in custody

for any of these offenses, or who procures others by gift or promise of

money or other reward to join with him in any such unlawful act is

guilty of felony and shall suffer death without benefit of clergy.

Persons abetting them are also guilty of felony and shall suffer death

without benefit of clergy. Attainder shall not work corruption of the

blood, loss of dower, or forfeiture of lands, goods, or chattel. The

persons sustaining damages can recover 200 pounds or less from the

hundred, with inhabitants paying proportionately, unless one of the

offenders is convicted within six months. If other hundreds have not

diligently followed the hue and cry, they shall pay half such damages.

In 1735, it was required that there be notice to the constable or other

officer or tythingman and public notice in the London Gazette

describing the robbery, offenders, and goods taken before the hundred

had to pay damages. Also, it did not have to pay damages if one

offender was apprehended with 40 days of publication in the London

Gazette, but did have to pay the apprehender 10 pounds. In 1754 was

also included letters threatening killing people or burning houses,

barns or stacks of grain, hay, or straw, without any demand. Also,

persons who rescued such offenders from gaol were given the same

penalty.

Later, persons obtaining money or goods by false pretenses with

an intent to defraud or cheat or sending a letter without a true

signature threatening to accuse any person of a crime with an intent to

extort money or goods, are punishable by fine and prison, pillory, or

whipping or transportation for seven years.

Later, no person may recover more than 200 pounds after a hue

and cry unless there are at least two witnesses to the robbery.

No one may advertise a reward for return of things stolen or

lost with no questions asked, because this has resulted in thefts and

robberies.

Anyone stealing sheep or cattle or parts thereof is a felon and

shall suffer death without benefit of clergy.

Persons who steal or aid in stealing any lead, iron bar, iron

gate, palisade, or iron rail fixed to any house or its outhouses,

garden, orchard, or courtyard is guilty of felony and may be

transported for seven years. In 1756 also included was copper, brass,

bell-metal, and solder; buyers and receivers; and mills, warehouses,

workshops, wharves, ships, barges, and other vessels. Search warrants

were authorized in case of suspicion. Officers and solicited buyers and

receivers were required to take persons who at night were reasonably

suspected of having or carrying such items, to an accounting before a

Justice of the Peace. Also a notice was put in the newspaper for any

owners to claim such. If the person did not give a satisfactory account

of the items, he was guilty of a misdemeanor punishable by forfeiture

of 2 pounds or prison up to one month for the first offense, 4 pounds

or prison for two months for the second offense, and 6 pounds or prison

for any subsequent offense (without bail). An officer or solicited

buyer or receiver who did not take a suspect to a Justice of the Peace

was punishable by the same penalties except the amounts of forfeiture

were 1 pound, 2 pounds, and 4 pounds respectively. A felon who brought

two buyers or receivers to justice was to be pardoned.

A description of any goods and the appearance of a rogue or

vagabond or idle and disorderly person shall be advertised in a public

paper for identification by the owner as stolen.

Pawning goods without consent of the owner is punishable by

forfeiture of 20s. or hard labor for fourteen days with whipping there.

Maliciously destroying river banks resulting in lands being

overflowed or damaged is a felony for which one shall suffer death

without benefit of clergy. Later, transportation for seven years was

made an alternative.

The punishment for forgery or counterfeiting or assisting in

such or claiming a counterfeit item is good while knowing that it is

not, with an intent to defraud is death without benefit of clergy. The

punishment for perjury or subordination of perjury is hard labor in the

House of correction for up to seven years or transportation for up to

seven years. The punishment for altering numbers on bills of exchange

or other payment papers is death.

It is high treason to counterfeit the coinage. A person who

tenders coin, knowing it to be false, shall spend six months in prison

and acquire sureties for good behavior for the next six months. If he

offends again, he shall spend two years in prison and acquire sureties

for good behavior for the next two years. The third offense is felony

without benefit of clergy.

In 1773, making or possessing any frame, mould, or instrument

for forging paper notes of the Bank of England and putting this

identification thereon is felony with penalty of death without benefit

of clergy. Anyone who forges promissory notes, bills of exchange, or

inland bills of the Bank of England by engraving or etching on metal or

wood "Bank of England" or "Bank Post Bill" shall go to gaol for up to

six months.

Anyone selling gold or silver ware, vessel, plate or other item

large enough to be marked which has not been marked by its maker shall

forfeit 10 pounds or be kept at hard labor up to six months. Anyone

counterfeiting such mark shall forfeit 100 pounds. Later, vendors of

these items were required to be licensed and the penalty for

counterfeiting was raised to felony for which one shall suffer death

without benefit of clergy. Later still, transportation for fourteen

years was allowed as an alternative. If an item was not all silver,

e.g. had metal underneath, 100 pounds was to be forfeited.

In 1769, receivers of stolen jewels and gold and silver plate

and watches knowing them to be stolen, in cases of burglary and highway

robbery, were subject to transportation for 14 years.

Anyone who willfully and maliciously set on fire any mine or

pit of coal is guilty of felony and shall suffer death without benefit

of clergy. Anyone who willfully and maliciously floods a coal work,

mine pit or who makes underground cavities or passages with intent to

destroy or damage such, or obstructs any sough or sewer made for

draining such, which has been held in common for 50 years, shall

forfeit treble damages. This is to deter these offenses, which have

been done to enhance the price of coals and gain a monopoly thereof.

If twelve or more people who riotously and tumultuously

assemble and disturb the peace, do not disburse within an hour of an

order to disburse by a justice or sheriff or mayor, they shall be

deemed felons without benefit of clergy. Any people pulling down or

destroying a church, dwelling house, barn, stable, or other out house;

any mill; any engine used for draining water from any coal, lead, tin,

or copper mines, or for drawing coals from mines; or bridge, wagon, or

fences used in such industry will be deemed felons without benefit of

clergy and may be transported for seven years. The cost of repair is to

be borne by the hundred or town.

The earlier statute that substituted burning in the cheek for

burning in the hand is repealed because this not only did not deter

offenders, but on the contrary, made them unfit for honest livelihoods

and therefore more desperate. Those convicted of theft or larceny shall

be burnt in the hand and may be kept at hard labor in a House of

Correction for 2-24 months, without bail.

Anyone stealing goods off shipwrecks, or putting out a false

light to bring a ship to danger, or beating or wounding with an intent

to kill or otherwise obstructing a person escaping from the ship to

save his life shall suffer death without benefit of clergy. Except that

goods of small value taken without violence shall be punished as petty

larceny. The houses of suspect people may be searched by warrant. If

there are goods found or if people are found offering goods to sell,

they may be ordered by a justice to give an account of these goods. If

the account is not satisfactory, the punishment is forfeiture of treble

their value or six months in prison. A reasonable reward may be given

to the discoverer. Anyone assaulting a magistrate or officer involved

in salvage work shall be transported for seven years.

Armed persons up to three in number assembled to assist in

illegal exporting or running, landing, or carrying away prohibited or

uncustomed goods, and any person apprehended by any revenue officer,

and anyone with his face blackened or masked who obstructs, assaults,

opposes, or resists any revenue officer seizing such goods, or who

shoots at or maims or wounds any revenue officer attempting to go on

any ship shall suffer death as felons without benefit of clergy or

serve as commons sailors in the navy for at least one year. Harborers

of such offenders will be transported for seven years. The hundreds

shall pay 100 pounds for each revenue officer killed, and up to 40

pounds for each one beaten, wounded, or maimed, and damages up to 200

pounds for goods, unless an offender is caught and convicted in six

months. There is a reward of 500 pounds to an apprehender, and 50

pounds for an attempt to apprehend in which one loses a limb or eye or

is maimed or wounded, and 100 pounds to his family if he is killed. An

offender who brings two of his accomplices to justice will be acquitted

and rewarded 50 pounds for each such accomplice. Later, an incentive

was given to customs officers to have a portion of the proceeds of the

sale of such goods seized by them, such as 2/3 for wrought silks and

calicoes, and 1/3 for tea, coffee, foreign brandy, and rum. Still

later, any person could seize wrought silk, including ribbons, laces,

and girdles containing it, from the importer or retailer, and the

importer was to forfeit 100 pounds, and any import assistants 50

pounds, and retailers or concealers 50 pounds, with one half going to

the suer. Also, the goods were to be publicly burnt. Still later, the

penalty was increased to forfeiture of 200 pounds for all offenders,

but not including wearers, and the goods were to be publicly sold for

export rather than burnt. Then the import of silk stockings, silk

mitts, and silk gloves was prohibited for the support of the English

silk industry. Retailers, sellers, and concealers of such were to

forfeit the goods and 200 pounds. Search warrants could be issued. In

1765, importers, sellers, and manufacturing users of most foreign

wrought silks or velvets were to forfeit the goods and 100 pounds. The

goods were sold for export with the proceeds going 1/2 to the king, and

1/2 to the seizing officer. The wearer was not liable. The burden of

proof of the place of manufacture was on the person prosecuted rather

than on the prosecutor. Persons breaking into houses or shops to

destroy any wool or silk being made or tools or racks used shall suffer

death as felons, to prevent combinations of workmen. In 1768, bounties

were made available to American exporters of raw silk to Great Britain,

whose climate was not conducive to the growing of mulberry trees on

which silk worms feed. In 1774, cotton printed, stained, or dyed that

has been manufactured in Great Britain may be worn and used, but must

have a mark woven in the warp that it was manufactured in Great

Britain. Persons importing other such cloth shall forfeit it and ten

pounds per piece. Persons selling such with a counterfeit stamp with an

intent to defraud shall suffer death without benefit of clergy. The

protective measures for English silk manufacture did not work well.

Any pirate, accessory to piracy, commander or master or other

person of any ship or vessel who trades with a pirate or furnishes him

with ammunition or provisions of fits out a ship to trade with pirates

shall suffer death and loss of lands, goods, and chattels. Seamen

maimed in fighting pirates may be admitted into Greenwich Hospital.

(This hospital received support from duties paid by vessels of the

realm and of the colonies.) Masters or seamen not fighting shall

forfeit their wages and spend 6 months in prison if the ship is taken.

Masters shall not advance to any seamen above half his wages since

deserting is the chief occasion of their turning into pirates.

In London penalties for crimes against property rose so that by

1740, a child could be hanged for stealing a handkerchief worth 1s.

from a person's body.

Trade and the economy boomed in time of war, buttressed by the

increased production in the coal, iron, steel, shipbuilding, and cloth

industries. But peace brought depression and much misery, including the

imprisonment of many debtors. When very many were imprisoned, statutes

allowed release on certain conditions. After assets were paid to

creditors in proportion to the amounts owed to them, debtors could be

discharged from prison if they owed no party more than 100 pounds

(later no restriction and still later, 50 pounds, and even later, 500

pounds, and in 1772, 1000 pounds, and in 1774, 2000 pounds) and take an

oath that they have less than 10 pounds (20 in 1772) worth of property

(including 40s. in money in 1774), because there were so many debtors

in prison who were impoverished by war losses and other misfortunes in

trades and professions, and were totally disabled from paying their

creditors, and they and their families either starved or became a

burden to their parishes and became an occasion of pestilence and other

contagious diseases. Exempted were those debtors for whom there was an

objection by one of their creditors who paid for the maintenance of

that debtor in prison. Prisoners discharged were also discharged from

chamber [cell] rent and gaolers' fees, but not from their debts to

creditors. During war, no male prisoner could be discharged unless he

enlisted in the royal army or navy until the end of the war. In 1774,

the discoverer of any asset of a debtor not listed by that debtor was

to receive a reward of 20 pounds per hundred, and anyone concealing an

asset of a debtor was to forfeit 100 pounds as well as double the value

of the asset.

A person declared bankrupt shall subsequently be examined from

time to time as to their goods, money, or other effects or estate to

prevent the frauds frequently committed by bankrupts. A default or

willful omission shall be deemed felony without benefit of clergy.

A bankrupt or other person concealing goods to the value of at

least 20 pounds or his books with intent to defraud is a felony without

benefit of clergy.

A debtor refusing to come to court for examination or hiding

assets of more than 20 pounds is guilty of felony and his goods and

estate shall be divided among his creditors.

Later, a bankrupt coming to an examination was allowed to keep

5 (or 7 1/2 or 10) pounds per 100, up to a maximum of 200 (or 250 or

300, respectively) pounds if he paid his creditors 10s. (or 12s.6d. or

15s. respectively) per pound. His future estate was still liable to

creditors, excepting tools of trade, necessary household goods,

bedding, furniture, and wearing apparel of the family up to 10 pounds,

if it could pay every creditor 15s. per pound. If he didn't pay this,

he could be imprisoned. Bankrupts excepted from the benefits of this

act are those who lost 5 pounds in any one day or 100 pounds in the

preceding year from gambling or wagers.

No goods or chattels on lands or tenements which are leased for

life or lives or term of years or at will or otherwise "shall be liable

to be taken by virtue of any Execution on any pretence whatsoever

unless the party at whose suit the said Execution is sued out shall

before the removal of such goods from off the said premises by virtue

of such Execution or Extent pay to the landlord" all money due as rent.

If the lessee fraudulently or clandestinely conveys or carries off his

goods or chattels with intent to deprive the landlord or lessor from

distraining the same for arrears of such rent, the lessor or landlord

may, within five days, seize such goods and chattels as a distress for

the arrears of rent and may sell them as if actually distrained on the

premises.

Every person under 21 and every woman-covert who is entitled by

descent or will to be admitted tenants of any copyhold lands or

hereditaments may be ordered to appear by a guardian or attorney to be

compelled to be so admitted and to pay such fines as are owing by the

lands. If one is so admitted, but does not pay, the lord may enter the

lands and receive its rents, but not sell timber, until the fine and

costs are satisfied, after which the land is to be given back and may

not be forfeited to the lord.

Tenants holding over any lands after their term expired and

after demand for possession was made shall pay double the yearly value

of such to the landlord. The landlord may reenter and eject a tenant if

rent is in arrears for 1/2 year.

Landlords may distrain within 30 days and sell goods and

chattels fraudulently or clandestinely carried off the premises by

renters in arrears of rent. This applies to goods sold to others privy

to the fraud. They may use force if necessary to break open houses upon

giving a Justice of the Peace reasonable grounds to suspect and to

break open other buildings in the presence of a constable. The renter

is to forfeit double the value of such. The landlord may distrain the

renter's cattle on any common or any growing grain, roots, or fruit.

Attornments of renters made to strangers who claim title and turn the

landlord out of possession are void.

Chief leases may be renewed without surrendering all the under

leases. This is to prevent subtenants from delaying the renewal of the

principal lease by refusing to surrender their leases, notwithstanding

that they have covenanted to do so. But the rents and duties of the new

subleases may not exceed those of their former leases.

Any person claiming a remainder, reversion, or expectancy in

any estate upon a person's death, who has cause to believe that that

person is dead and that the death is being concealed by the person's

guardian, trustee, husband, or other person, may request yearly an

order in chancery for the production of such tenant for life. Upon

refusal, the tenant for life shall be deemed dead.

As of 1752, all devices, legacies, and bequests made by will in

Great Britain or the colonies had to be in writing and witnessed by

three witnesses, or would be held void. No witness was to receive

anything by the will that he witnessed.

An accessory before or after the fact of felony may be

prosecuted and tried not only if the principal accused felon has been

convicted, but even if he stood mute or peremptorily challenged over 20

persons to serve on the jury. The accessories shall be punished the

same as if the principal had been attainted. Buyers and receivers of

stolen goods may be prosecuted and punished if they knew the goods to

be stolen, even if the principal felon has not been convicted. The

punishment will be as for misdemeanor by fine and imprisonment. This is

to deter the counselors and contrivers of theft and other felonies and

the receivers of stolen goods from taking advantage of the former rule

that an accessory could not be convicted or punished unless the

principal had first been attainted. And if any captain or mariner or

other officer belonging to any ship willfully casts away, burns, or

otherwise destroys that ship to the prejudice of its owners or

merchants loading goods onto the ship, he shall suffer death as a felon.

Journeymen shoemakers or employees of such who sell or pawn

boots, shoes, slippers, cut leather or other materials for making such

goods which are not his proper goods, or exchange for worse good

leather which has been entrusted to them, shall for the first offense,

recompense the injured person, or if his goods are insufficient for

distress, may be whipped. For the second offense, he shall be sent to

hard labor in a House of Correction for 14-30 days. A person who buys

or receives or takes in pawn such goods shall suffer the same

penalties. Justices of the Peace may issue warrants to search houses

and buildings in the daytime if there is "just cause to suspect" such

goods therein based upon information given to him under oath.

Anyone employed in the working up of woolen, linen, fustian,

cotton, or iron manufacture who embezzles or purloins any materials for

their work shall forfeit double the value of the damages done and

anyone convicted thereof may be put into the House of Correction until

he pays, or if he can't pay, to be publicly whipped and kept at hard

labor for no more than 14 days. Persons convicted of buying or

receiving such materials shall suffer like penalties and forfeitures as

one convicted of embezzling or purloining such materials. Laborers

employed in such manufacture must be paid in coin and not in cloth,

victuals, or commodities in lieu thereof. Leatherworkers were added

with a penalty of up to double the value. Later this statute was

amended to include a penalty for the second offense of forfeiture of

four times the value, or else hard labor at a House of Correction for

1-3 months and whipping once or more in the market town. Like penalties

were given for buyers of such material knowing it to be false. One who

neglected finishing and delivering such goods because he was leaving

this employment was to be sent to the House of Correction for up to one

month.

The penalty for possessing or offering to sell any hare,

pheasant, partridge, moor or heath game or grouse by any carrier,

innkeeper, victualer, or alehouse keeper is 5 pounds, 1/2 to the

informer, and 1/2 to the poor of the parish. If unable to pay, the

offender shall be placed in the House of Correction for three months

without bail. Unauthorized persons keeping or using greyhounds, setting

dogs, or any engine to kill game shall suffer the same penalties. In

1770, anyone killing hare at night or using any gun, dog, or other

engine to take or kill or destroy any hare, pheasant, partridge, moor

game, heath game, or grouse in the night shall be whipped and also go

to gaol or the House of Correction for 3-6 months without bail for the

first offense, and for 6-12 months without bail for any further

offense. If such occurs on a Sunday, the offender must forfeit 20-30

pounds or go to gaol for 3-6 months. In 1773, no one may kill or take

or possess any heath fowl or any grouse except at a limited period

during the year.

Each manor may have only one gamekeeper allowed to kill game

such as hare, pheasant, partridge and only for his household's use.

This gamekeeper must be either qualified by law or a servant of the

land's lord. Other persons possessing game or keeping a greyhound or

setting dogs or guns or other devices to kill game must forfeit them

and five pounds.

Anyone killing or attempting to kill by shooting any house dove

or pigeon shall forfeit 20s. or do hard labor for one to three months.

Excepted are owners of dove cotes or pigeon houses erected for the

preservation and breeding of such.

A gamekeeper or other officer of a forest or park who kills a

deer without consent of the owner must forfeit 50 pounds per deer, to

be taken by distress if necessary, and if he can't pay, he is to be

imprisoned for three years without bail and set in the pillory for two

hours on some market day. A later penalty was transportation for seven

years. Anyone pulling down walls of any forest or park where deer are

kept, without the consent of the owner, must forfeit 30 pounds and if

he can't pay, he is to be imprisoned for one year without bail and

spend one hour in the pillory on market day. Later, the killing of deer

in open fields or forests was given the same penalties instead of only

the monetary penalty prescribed by former law (former chapter). The

penalty for a second offense was given as transportation for seven

years. Anyone beating or wounding a gamekeeper with an intent to kill

any deer in an open or closed place was to be transported for seven

years.

Anyone who apprehends and prosecutes a person guilty of

burglary or felonious breaking and entering any house in the day time

shall be rewarded 40 pounds in addition to being discharged from parish

and ward offices.

Justices of the Peace may authorize constables and other peace

officers to enter any house to search for stolen venison. Any person

apprehending an offender or causing such to be convicted who is killed

or wounded so as to lose an eye or the use of a limb shall receive 50

pounds. Any person buying suspect venison or skin of deer shall produce

the seller or be punished the same as a deer killer: 30 pounds or, if

he couldn't pay, one year in prison without bail and one hour in the

pillory on market day. An offender who discloses his accomplices and

their occupations and places of abode and discovers where they may be

found and they are subsequently convicted, shall be pardoned.

All persons pretending to be patent gatherers or collectors for

prison gaols or hospitals and all fencers, bearwards, common players of

interludes, minstrels, jugglers, and pretended gypsies, and those

dressing like Egyptians or pretending to have skill in physiognomy,

palm-reading, or like crafty science, or pretending to tell fortunes,

and beggars, and all persons able in body who run away and leave their

wives or children to the parish shall be deemed rogues and vagabonds.

Apprehenders of such persons bringing them before a Justice of the

Peace may be rewarded 2s. Any constable not apprehending such shall

forfeit 10s. Persons wandering outside the place determined by a

Justice of the Peace to be his settlement may be whipped on the back

until it is bloody or sent to hard labor at a House of Correction. If

he was dangerous and incorrigible, for instance as indicated by

swearing falsely before a Justice of the Peace, he could suffer both

punishments with the whipping being on three market days. If he escaped

from the House of Correction, it was felony. If he has been absent for

more than two years, he could be put out as an apprentice for seven

years in the realm, in the colonies, or in a British factory beyond the

seas. Included later were performers for gain from outside their parish

of any play, tragedy, comedy, opera, farce or other entertainment of

the stage, including performances in public places where wine, ale,

beer, or other liquors are sold, or else forfeit 50 pounds. Exempted

were performances authorized by the king in Westminster.

Unlicensed places of entertainment are deemed disorderly (like

bawdy houses and gaming houses) because they increase idleness, which

produces mischief and inconvenience. Persons therein may be seized by a

constable. Persons keeping such a place shall forfeit 100 pounds. No

licensed place of entertainment may be opened until 5:00 p.m.

Later there was an award of 5s. for apprehending a person

leaving his wife and children to the parish, living idly, refusing to

work at going rates, or going from door or placing themselves in the

streets to beg. This includes begging by persons who pretend to be

soldiers, mariners, seafaring men, or harvest workers. These rogues and

vagabonds shall be sent to hard labor at a House of Correction for up

to one month. The real soldiers, mariners, seafaring men, and harvest

workers shall carry official documents indicating their route and

limiting the time of such passage.

Persons pretending to be lame who beg are to be removed. If he

comes back to beg, his back may be whipped until bloody. If a constable

neglects this duty, he shall forfeit 10s.

Masters of ships bringing in vagabonds or beggars from Ireland

or the colonies shall forfeit five pounds for each one. This money

shall be used for reconveying such people back at a price determined by

a Justice of the Peace. A master of a ship refusing to take such a

person shall forfeit five pounds. These vagabonds and beggars may be

whipped.

Anyone who profanely curses or swears shall suffer the

following penalties: day laborer, common soldier, common sailor, common

seaman - 1s., anyone else below the degree of gentleman - 2s.,

gentlemen and above - 5s., and for the second offense, a double fine,

for further offense, a treble fine. If a person can't pay, he shall be

put to hard labor at a House of Correction for ten days, or if a common

soldier, common sailor, or common seaman, he shall be set in the stocks

for 1-2 hours. This is to prevent the provocation of divine vengeance.

Anyone setting up or maintaining lotteries or deceitful games

must forfeit 200 pounds, or go to prison up to 6 months. Any one who

plays at such, such as by drawing lots or using cards or dice, must

forfeit 50 pounds. Sales of lottery items, such as houses, lands,

plate, jewels, or ships, are void and these items will be forfeited to

any person who sues. Such have caused many families to become

impoverished, especially through their children or through the servants

of gentlemen, traders, and merchants. Backgammon games are exempt.

Later, People who lost up to ten pounds in deceitful gaming were

allowed to sue to recover this money from the winners. Also, anyone

winning or losing ten pounds at one time or twenty pounds within 24

hours shall be fined five times the value of such. Offenders

discovering others, who are convicted, are indemnified from all

penalties and shall be admitted to give evidence.

No one may run more than one horse, mare, or gelding in a horse

race. No prize may be under 50 pounds value. This is because a great

number of horse races for small prizes have contributed to idleness, to

the impoverishment of the meaner sort of people, and has prejudiced the

breed of strong and useful horses.

Wagers and agreements in the nature of puts and refusals

relating to prices of stocks or securities are void. Those making or

executing such agreements must forfeit 500 pounds. Those selling stock

which one does not possess must forfeit 500 pounds. Brokers negotiating

such agreements must forfeit 100 pounds.

Only a person with an interest in the life or death of another

may have insurance on this other, to prevent the mischievous kind of

gaming that has been introduced.

Apples and pears may not be sold by any measure other than a

standard water measure, or else forfeit 10s., one-half to the informer,

and one-half to the poor, except for measures sealed by the Company of

Fruiterers. This is to decrease the suits between buyers and sellers.

There shall be enough silver and gold on silver and gold plated

silk thread and wire so that it does not crumble off, thereby wasting

the bullion of the nation. This is also to encourage its export by

making it competitive in trade with such foreign articles, which may

not be imported.

Malt to be sold or exported must not be fraudulently mixed with

unmalted grain to lower duties payable or else forfeit 5s.

Any one who adulterates coffee with water, grease, butter, and

such shall forfeit 20 pounds, 1/2 to the king, and 1/2 to the suer.

Walnut tree leaves, hop leaves, sycamore leaves and such may

not be made to imitate tobacco leaves for sale or else forfeit 5s. per

pound.

Persons near London may not make unsound, hollow, or improperly

heated bricks.

Makers of narrow woolen cloths must weave or set in the head of

every piece his initials or else forfeit one pound. This is to prevent

frauds and abuses, particularly in stretching and straining the cloth.

The fulling mill owner must append his seal of lead with his name and

with his measurements. The searcher to be appointed must measure such

cloths when wet for conformity to standard measurements and append his

seal with his measurements. He may also inspect any places he chooses.

In 1774, any wool-making employee not returning all working

tools and implements and wool and all materials with which entrusted

back to his employer, or who fraudulently steams, damps, or waters such

wool, or who takes off any mark on any piece of cloth, shall go to the

House of Correction for one month. If he absconds with or sells such or

anyone fraudulently buys or receives such from him, a search warrant

may be issued to seize any other such tools or material. If found, the

possessor may be brought to account before a Justice of the Peace, and

if his account is not satisfactory, he shall forfeit such. A search

warrant may also be issued for houses on "just cause to suspect" by

oath of a credible witness. For a second offense, the penalty is up to

three months in a House of Correction. For a third offense, the penalty

is up to six months in a House of Correction and public whipping.

Bakers must mark their bread with W for white, WH for wheaten,

and H for household or else forfeit 20s. to the informer. In 1758, a

new assize of bread set prices for rye, barley, oats, and beans by the

bushel. The prices for the three qualities of wheat, for wheaten

(prized and unprized), and for household grain by the bushel were to be

determined from within a statutory range by the local Mayor or Justice

of the Peace. Mayors and Justices of the Peace were to determine a fair

profit for their local bakers for all the types of bread. A miller,

mealman, or baker adulterating bread was to forfeit 40s. 10 pounds,

part of which money could be used in publishing his name, abode, and

offense in the local newspaper. Later, there was a forfeiture of 1-5s.

for every ounce underweight. Household bread was to be 1/4 cheaper than

wheaten or forfeit 10-40s. Bread inferior to wheaten was not to be sold

at a price higher than household or else forfeit up to 20s. If the

forfeiture was not paid, it could be levied by distress, or otherwise

the offender was to spend one month in gaol or a House of Correction.

Straw to be sold in London must be sound, firmly bound in a

truss, and of a given weight or else forfeit it and 20s. if no truss,

and 1s. if in truss but underweight or of mixed quality. Handlers must

keep registers of sellers, buyers, weights, dates of sale, and prices

or else forfeit 10-20s.

Frame-work knitted pieces and stockings shall be marked with

the correct number of threads by the master, frame-work knitter, or

master hosier, or forfeit the goods and 5 pounds. If a journeyman

apprentice, or servant employ does not mark correctly, he shall forfeit

the goods and 5s.-40s. Sellers of such shall forfeit the goods and 5

pounds per piece.

At every fishing season, the quantity of salt, foreign or

domestic, used by a proprietor for curing fish for export shall be

accounted and sworn to so that it can be compared with the quantity of

fish exported by the proprietor to ensure that the salt duties are

fully paid, or else forfeit 40 pounds. If such salt is sold for other

uses than curing fish, the proprietor is to forfeit 20s. per bushel

sold and the users thereof, to forfeit 20s. per bushel bought,

delivered, or used. If one can't pay, he is to be whipped and put to

hard labor in a House of Correction for up to three months.

Agreements between coal owners, lightermen, fitters, master or

owners of ships, hindering the free sale, loading, and unloading,

navigating, or disposing of coals are illegal, null, and void. This is

engrossing and has caused the price of coals to go up.

No coal trader or dealer may use his own lighters, barges, or

other vessels to carry coals on the Thames River to and from any ship

and to and from any wharf, dock, or creek because this has impaired the

business of the watermen and wherrymen, whose vessels must now be

registered and display such mark on their hulls. No lightermen nor

buyers of coals may act as agent for any master or owner of a ship

importing coals into London or else forfeit 200 pounds, because this

combination has caused the price of coal to go up. Selling one sort of

coal for another is punishable by forfeiture of 500 pounds. Only

standard size coal sacks may be used for selling coal and they must be

sealed and stamped by an official at the Guildhouse before sale. The

mayor and aldermen of London may set the price of coals coming into

this port. In other areas, Justices of the Peace set the prices of

coals which allowed "a competent profit". If a merchant refused to sell

at that price, the Justice of the Peace could authorize seizure and

sale by officers.

Later, coal measurers must give the coal cart driver a ticket

with the name of the sellers and consumers, the quantity and quality of

the coal, its price, the date of sale, and the name of the cart driver

or else forfeit 5 pounds. The cart driver must give this ticket to the

consumer or forfeit 5 pounds. If coal is carried by cart without a

ticket, the seller forfeits 50 pounds and the driver 5 pounds.

Any owner of timber trees, fruit trees, and other trees used

for shelter, ornament, or profit, which are cut down or otherwise

destroyed shall be made good by his parish or town, as is an owner of

hedges and dikes overthrown by persons in the night. In 1765, anyone

cutting down or destroying any oak or other timber trees at night shall

forfeit up to 20 pounds for the first offense, up to 30 pounds for the

second offense, and shall be transported to the colonies for seven

years for any further offense. Anyone digging up or destroying or

carrying away any root, shrub, or plant worth up to 5s. in a garden,

nursery, or other enclosed ground at night shall forfeit up to 2 pounds

for the first offense, up to 5 pounds for the second offense, and shall

be transported to the colonies for seven years for any further offense.

Anyone not paying is to be gaoled. Aiders and buyers who know the item

was stolen shall incur the same penalties. Later, many other types of

trees, such as beach, ash, elm, cedar, and walnut were included as

timber trees, and hollies, thorns, and quicksets included as plants.

Any person using violence to hinder the purchase or

transportation of grain, e.g. by beating or wounding a buyer; beating

or wounding the driver or horse of a cart loaded with wheat, flour,

meal, malt, or other grain, or cutting the harness of or driving away

the horse, or cutting or carrying away the sacks of grain is to be put

in the common gaol or House of Correction with hard labor for 1-3

months, and whipped in the market place between 11:00 and 2:00. The

penalty for a second offense or for destroying a storehouse or granary

where grain is kept to be exported or for taking or spoiling such

grain, or for throwing such off a ship or vessel is transportation for

seven years. The hundreds concerned are to pay damages up to a total of

100 pounds, but only if notice is given to the constable within two

days and there is an oath and examination before a Justice of the Peace

within ten days of the owner or his servants. If any offender is

convicted within a year, the hundreds are released.

Anyone who steals at night any cloth or wool or woolen goods

set out to dry on racks shall forfeit treble damages, or if he can't

pay, be sent to prison for three months without bail. For the second

offense, he shall forfeit treble damages and be sent to prison for six

months without bail. For the third offense, he shall be transported for

seven years. Upon complaint, a Justice of the Peace may authorize a

constable or other peace officer to enter and search houses, outhouses,

yards, and gardens of a person suspected by the owner. This person

shall account to the Justice of the Peace and may bring a witness to

his purchase of the items. If the account is unsatisfactory, he shall

be penalized.

Anyone taking linens, fustians, or cottons set out for

whitening, bleaching, or printing up to the value of 10s. in lands,

grounds, or buildings may be transported for seven years. Later, this

penalty was increased to death without benefit of clergy or

transportation for fourteen years.

Anyone stealing or maliciously pulling up or destroying any

turnips on a person's land must pay damages or go to gaol for up to one

month. He may be whipped. The penalty for a second offense is three

months in a House of Correction. This statute of 1750 was, in 1773,

extended to include potatoes, cabbages, parsnips, peas, and carrots. A

penalty up to 10s. was added. Evidence of the owner was to be taken.

In 1769, anyone who steals a dog or receives such knowing it to

be stolen shall forfeit 20-30 pounds for the first offense, and 30-50

pounds for the second offense or go to gaol or the House of Correction

for 12-18 months and be publicly whipped there. Search warrants may be

issued to search for stolen dogs or their skins. One-half of the

forfeiture will go to the informer.

Officers of the revenue who collude with importers to return to

them goods which have been seized for nonpayment of duties shall

forfeit 500 pounds and lose office, unless they disclose their

accomplices within two months. The importer shall forfeit treble the

value of such goods.

Any ship not more than 50 tons hovering on the coast with

customable or prohibited goods may be boarded by a customs officer, who

may demand bond for treble the value of the goods.

In 1724, persons contracting with artificers and manufacturers

of wool, iron, steel, brass, and other metals, clockmakers, or

watchmakers, to go to a foreign country and there receive greater wages

and advantages shall forfeit 100 pounds and spend 3 months in prison

for the first offense, and shall forfeit a sum determined by the court

and spend 12 months in prison for the second offense. An artificer or

manufacturer not returning after warning is given by the ambassador is

to forfeit hereditaments, goods, and lands and to be deemed an alien.

Later, in 1750, cotton and silk were included and the penalty was

increased to 500 pounds and 12 months in gaol for the first offense,

and 1000 pounds and 2 years in prison for the second offense. Also,

anyone exporting tools of wool or silk manufacture was to forfeit the

tools and 200 pounds. This statute was strictly enforced. In 1774,

tools of cotton and linen manufacture were included.

In 1772, all statutes against engrossing, forestalling, and

regrating were repealed because they had prevented free trade and

tended to increase prices, e.g. of grain, meal, flour, cattle, and

other victuals.

Anyone assisting a felon (except for petty larceny) to try to

escape from gaol, is guilty of felony and shall be transported for

seven years. Anyone assisting a person who owes or is to pay 100 pounds

to try to escape from gaol is guilty of a misdemeanor. In 1772, prison

keepers were indemnified from creditors for any escapes of debtors due

to conspiracy and break out with weapons and firearms rather than due

to negligence of the prison keeper, as had been occurring.

No more than 600 pounds of gunpowder may be kept in any

building in London or Westminster or suburbs thereof. Later, no more

than 200 pounds of gunpowder were allowed to be kept therein for more

than 24 hours. Buildings may be searched on "reasonable cause" shown to

a Justice of the Peace. Later, no more than 400 pounds of gunpowder

could be kept for more than 24 hours near any town, or more than 300

pounds for more than 24 hours in any place. Then no gunpowder could be

conveyed by land over 25 barrels or by water over 200 barrels.

It was customary for officers to take the oaths of allegiance

and supremacy to any new monarch. When George I became king in 1714,

all civil and military officers, clergy, schoolmasters, and lawyers,

solicitors, clerks, etc. living within 30 miles of London had to take

an oath of allegiance and a new oath that the person was not Papist and

agreed that no foreigners had jurisdiction in the realm, such as to

excommunicate someone and thus declaring he could be legitimately

killed. Soon after, it was required that Papists had to register their

names and real estates. Commissioners were appointed to make inquiries.

If a person did not take the oaths or did not register, he was to

forfeit 2/3 of his land to the king and 1/3 to a Protestant who sued

for such. This was in order to deter future rebellions against the king

and efforts to destroy the Protestant religion.

As late as 1722, there was a Papist conspiracy to take the

Tower of London and the King, and make a Catholic king. This resulted

in the imprisonment of the conspirators and a new statute: Persons not

taking the oath of allegiance and above oath that they were not Papist

shall register their lands and yearly rents and pay double the land tax

and 100,000 pounds. After payment, they are discharged from forfeiting

2/3 of their lands' rents for one year.

Papists enlisting in the army are liable to corporal

punishment, but not death, as determined by a court martial.

Any mayor, bailiff, or other magistrate who is present at any

meeting for public worship other than the Church of England will lose

office and is barred from any public office or employment.

Jews may not refuse suitable maintenance to their children who

are Christian to pressure them to convert back to Judaism.

Black slaves were common for a time in London. This was a

result of the voluminous triangle trade of manufactured goods from

England, slaves from West Africa, and sugar and tobacco from the West

Indies. Slavery was largely abolished by judicial decision of Chief

Justice Mansfield in 1772.

If a sheriff does not answer for money collected for the

Exchequer, he shall forfeit treble damages to the aggrieved person,

double the sum missing to the aggrieved person, 100 pounds to the king,

and 100 pounds to the party who sues. If a sheriff take a fee for

levying or collecting money due to the king (except 4d. for an

acquittance) or take a sum for not levying money due, he is guilty of

extortion, injustice, and oppression and shall forfeit treble damages

and costs to the aggrieved person, and double the sum extorted to the

aggrieved person. A sheriff may not levy more than 12d. for every 20s.

of yearly income of any manor for up to 100 pounds of income, and 6d.

for value over 100 pounds.

No one may cut pine trees that are fit for masts of ship in New

England without license by the Queen or else forfeit 100 pounds. Later,

pine trees on private property were exempted.

Citizens of Great Britain may sue colonial debtors by oath

before British magistrates and a debtor's colonial lands and houses and

negroes may be used to satisfy his debts.

Anyone pretending to act under a charter and taking

subscriptions in Great Britain or the colonies must forfeit treble

damages.

No hats, including beaver hats, may be exported from any colony

even to another colony because this has hurt British hat manufacture.

The penalty is 500 pounds. No one in the colonies except present

hatmakers who are householders and journeymen may make hats unless they

serve a seven year apprenticeship. No hatmaker in the colonies may have

more than two apprentices at once.

Whaling ships near Greenland were prohibited from returning

until their hulls were full. Vessels built or fitted out in America may

engage in whaling.

Pig iron from the colonies may be imported free, but there may

be no mill for slitting or rolling iron and no plateing-forge or other

engine to work with a tilt hammer and no furnace for making steel

erected or used in the colonies or else forfeit 200 pounds.

No paper bills of credit may be used in New England because

such have depreciated.

William Blackstone lectured on law at Oxford University in

1753. As a result, the first professorship of English law was

established. His lectures were published in 1769 as the "Commentaries

on the Laws of England". They greatly influenced the American colonists

and were the basis of legal education in England and America for years.

They were comprehensive and covered real property, crime and

punishment, court procedure, contract, corporations, and commercial

law. He wrote "The Great Charter and Charter of the Forest" in 1759.

Judicial Procedure

There were twelve common law justices of the Court of the

King's Bench, Court of Common Pleas, and Court of the Exchequer. The

Chief Justices of all of these courts were paid partly from fees paid

to the court. The other Justices of these courts were paid completely

by salary, which in 1759 was well over 500 pounds per year. These

justices were to continue in office even after a king died and could be

removed only for good cause upon the address of both houses of

Parliament. The officers of these courts were attorneys. There was one

justice at Doctors' Commons. The two chancery justices (since Edward I)

were the Lord Chancellor and the Master of the Rolls. The salary of the

eleven masters of the court of chancery in 1765 was 400 pounds per

year. The officers of this court were solicitors.

Appeals from the Exchequer could be made to a court of the

King's Bench and Common Pleas combined. Appeals from Common Pleas could

be made to the King's Bench. Decisions of the King's Bench and other

common law courts could be appealed to Parliament's House of Lords.

The common law courts rode circuit twice a year in five

circuits and once a year in the north circuit. So an accused person

could spend up to a year in gaol waiting for trial. Few prisoners were

granted bail. In each common law court, the law justices in banc would

hear demurrers [contentions that the other party was wrong in the law].

No one with an interest in a suit, including the plaintiff and the

defendant, could give evidence. There was no power to amend pleadings,

so misspelling of the defendant's name, for instance, could result in

dismissal of the suit. In 1730, the pleadings and indictments ceased to

be in Latin.

In the common law courts, trespass in ejectment served the purposes of

most of the actions involving land. Assumpsit covered the whole

province of debt, for which compurgation still existed, and much more.

Trover more than covered the old province of detinue, for which

compurgation still existed. Trespass still served for all cases in

which the defendant had been guilty of directly applying force to the

plaintiff's body, goods or chattels. Trespass on the case covered

miscellaneous torts. Replevin was still used. Covenant remained in use

for the enforcement of promises under seal.

Account gradually came under the equity jurisdiction of Chancery.

Common law writs of dower are largely superseded by the relief given to

the doweress in the courts of equity, where new and valuable rights

were given to her and to her personal representatives against the heir

and his representatives. The actions of indebitatus assumpsit is being

extended to actions upon quasi-contract, in which the element of

contract is not required e.g. quantum meruit, where a contract is

implied from the facts of the case. The deodand doctrine is still in

force.

In Chancery, a plaintiff filed a complaint and interrogatories

prepared by counsel. Only in Chancery could there be discovery, such as

interrogatories [written questions]. Court officials asked the

questions of witnesses without the presence of the parties or their

lawyers. Officials wrote down the answers in their own terms. So there

was no cross-examination possible. Most decrees took many years to be

made.

The ordinary administrative court of first instance is that of

one or two Justices of the Peace who issued orders in matters of public

safety, public order, public morals, health, the poor, highways, water,

fields, forests, fisheries, trade, building, fire, begging, and

vagrancy. They examined suspicious persons and issued warrants for the

removal of any person likely to become a public charge. The Justice of

the Peace also regulated wages, servants, apprentices, and day

laborers. In his judicial capacity, he tried all crimes and felonies

except treason, though in practice death penalty cases were transferred

to the assize justices. The Justices of the Peace of a hundred hold

special sessions such as for appointment of parochial officers, highway

disputes, and the grant of wine, beer, and spirit licenses. The

appointment of overseers of the poor, authorization of parish rates,

and reading of the Riot Act to mobs to disperse them, required more

than one of the Justices of the Peace of the hundred to participate.

All the Justices of the Peace of the county met four times a year at

Quarter Sessions to hear appeals from penal sentences, to determine the

county rate of tax, to appoint treasurers of the county and governors

of the county prison and house of correction, to issue regulations on

prices of provisions and on wages, to settle fees of the county

officials, to grant licenses for powder-mills and other industries, to

hear nuisance complaints such as those against parishes failing to keep

their roads in repair, to make regulations for the holding of markets,

to hear complaints concerning local government, and to register

dissenting chapels. In more and more matters specified by statute, the

Quarter Sessions heard appeals from the orders of individual Justices

of the Peace instead of common law courts hearing them by writ of

certiorari. The writ of certiorari allowed administrative decisions to

be reviewed by the common law courts for compliance with law,

competency of the court, and interpretation of the administrative law.

The writ of habeas corpus appealed administrative decisions to imprison

not only after arrest for criminal proceedings, but any coercive

measure for enforcing an administrative order. The writ of mandamus was

available for enforcing the injunctions of administrative law against

towns, corporations, and all other authorities and private persons,

where the ordinary punishments were insufficient. Justices of the Peace

in rural areas were squires and in towns aldermen.

In 1747, Justices of the Peace were authorized to decide issues

between masters and mistresses and their employees who were hired for

at least one year. If a servant misbehaved, they could authorize

reduction of wage, discharge, and hard labor at a house of Correction

up to one month. If a servant was not paid, he could authorize payment

of wages up to 10 pounds for an agricultural servant, and up to 5

pounds for an artificer, handicraftsman, miner, collier, keelman,

pitman, glassman, potter, or ordinary laborer. Later, tinners and

miners were added to the last category. In 1758, employees of less than

a year were included.

In 1775, Justices of the Peace were authorized to administer

any oath for the purpose of levying penalties.

To be a Justice of the Peace, one must have income of 100

pounds a year from a freehold, copyhold, or customary estate that is

for life or for a term of at least 21 years, or be entitled to a

reversion of lands leased for 1 or 2 or 3 lives, or for any term of

years determinable on the death of 1 or 2 or 3 lives. Excepted were

peers, justices, and heads of colleges or vice chancellors at the

universities. The Justices of the Peace were selected by the

superintending Sheriffs and Lords Lieutenant, the latter of whom were

usually peer with a ministers' office or a high court official. No

attorney or solicitor or proctor could be a Justice of the Peace unless

the locality had Justices of the Peace by charter.

No one may practice as an attorney in the courts of King's

Bench, Common Pleas, or Exchequer until he has been examined by a judge

of such court on his fitness and qualifications and has taken the oath

to honestly demean himself and practice according to his best knowledge

and ability. The same applies to a solicitor in the equity courts. This

shall not exclude persons who have been bound to an attorney or

solicitor for four years. Attorneys and solicitors, with consent of an

attorney of another court, may participate in proceedings of such other

court. No attorney may have more than two clerks bound to him at one

time. Attorneys may be admitted as solicitors and vice-versa.

The qualification for jury service is having land with an

income over rents of at least 20 pounds, with leases for 500 years or

more, or 99 years, or any term determinable on one or more lives. Being

a freeholder is not necessary. In London, the qualification is being a

householder and having lands to the value of 100 pounds. No sheriff may

excuse a qualified person from jury service for money or other reward.

Selection of jurors for each case is to be done by some impartial

person pulling their names from a box. Later, persons refusing jury

service could be fined.

In 1763, the homes of John Wilkes and others were searched for

a seditious and treasonous published paper and all related papers

because they had been rumored to have some relationship to the

conception, writing, publication, or distribution of the paper. Wilkes

had such papers and was convicted of libel. He countersued for damages

due to criminal trespass. The court held that general search warrants

were subversive of the liberty of the subject of the search in

violation of the British Constitution, declared the statute void, and

found for Wilkes. The Court of Common Pleas agreed on appeal and put

the burden of proof on the persons searching to justify the search

warrant. His decision gave support to William Pitt's assertion that

"every man's home is his castle".

For actions under 10 pounds in a superior court and actions

under 40s. in an inferior court, the offender shall be served with

process to appear in court rather than being arrested. For money at

issue, an affidavit shall be taken. No more money may be taken for bail

than the amount at controversy. This is to prevent frivolous and

vexatious arrests. Perjurers, forgers, those involved in barratry or

suborning perjury, and pretenders practicing as attorneys or solicitors

in the courts of law or equity shall be transported for seven years to

the American colonies. Unqualified people acting as attorneys or

solicitors in the county court shall forfeit 20 pounds.

Writs of error at variance from the original record or

otherwise defective may be amended to correct the defect by the court

where such writ is returnable. No judgment is to be reversed for any

defect in any bill or writ, excepting an appeal of felony or murder, or

misdemeanor. This is to prevent delays of justice. Justices of the

Peace may correct defects of form on appeals to them.

Plaintiffs neglecting to go to trial after an issue has been

joined may be nonsuited.

Poor persons may be paid up to 6d. to give evidence against

felons.

Pirates may not be tried again for the same crime or for a

certain crime and high treason. When the marine force was raised, the

marines were also given protection from double jeopardy.

A request for Certiorari for removal of convictions, judgments, orders

made by Justices of the Peace must be made within six months and after

notice to the Justice of the Peace who may argue cause against granting

certiorari.

Mercantile law was developed by the common law courts,

especially the King's Bench.

The king was to appoint the marshal of the King's Bench. The

marshal was to select his inferior officers to hold office as long as

they "behave themselves well within". These offices had been sold by

James I to a certain person, his heirs, and assigns. The marshal was to

keep the prison of this court in good repair from his fees and profits

of office.

The office of sheriff was now an accessory department of the

common law courts for summons, executions, summoning the jury, and

carrying out the sentence of the law.

Summons for excise offenses may be left at a person's abode,

workhouse, or shop as well as on his person.

The coroner's office now investigated unusual deaths with a

jury from the neighborhood elected by county freeholders.

The last beheading was of a Scottish lord in 1747; he had been

involved in an attempt to restore the Stuarts to the throne. So many

people came that some overcrowded bleachers fell down and crushed about

20 spectators. Henceforth, every sentence of death was by hanging, even

for peers.

In 1772, the process of pressing a man to death, if he refused

to plead to an indictment was abolished. Instead, persons accused or

indicted, in Great Britain or America, of felony or piracy who stand

mute shall be convicted of such charge. Property of a felon was still

forfeited to the crown.

From 1749 on were established special procedures for speedy

decisions in local courts in some areas for debts or damages under 40s.

and imprisonment for such was limited for up to three months.

Otherwise, sentences were longer, and debts grew during the time in

prison. When prisons were overcrowded, Parliament let the inmates out

if they gave up their possessions. They could go to Georgia.

There were felons' prisons and debtors' prisons. Sometimes they

were one and the same. There was much fighting among inmates. The

inmates slept on hay if lucky. There were no washing facilities and

little light. Counties or friends paid for their bread. They were also

sold beer, which made them drunk and riotous. The sale of beer was a

recognized and legitimate source of profit to the keeper. This was

remedied by statute of 1760 that no sheriff or other officer may take

an arrested person to a tavern or other public house or charge him for

any wine, beer, ale, victuals, tobacco or other liquor without his

consent and shall allow prisoners to be brought beer, ale, victuals,

bedding, and linen as the prisoner sees fit. Sheriffs often kept people

imprisoned unless and until they paid all their fees due to the

sheriff. In 1772 was founded the Society for the Discharge and Relief

of Persons Imprisoned for Small Debts for those inmates unfortunate

instead of fraudulent or extravagant. Legacies were often made to

debtors. There was much Gaol Distemper fever with fatal consequences.

When John Howard, a grocer who had inherited wealth, but poor health,

became a sheriff, he visited many gaols. When he saw the squalid

conditions there, he advocated hygienic practices. In 1774, Justices of

the Peace were authorized to order walls and ceilings of gaols to be

scraped and washed, ventilators for supplies of fresh air, a separate

room for the sick prisoners, commodious bathing tubs, provision of

clothes for prisoners, keeping of prisoners not below the ground, and

apothecaries at a stated salary to attend and to report the state of

health of prisoners.

In 1773, clergymen were employed in gaols to alleviate the

distress of prisoners and to contribute to morality and religion. Also,

no longer may any fees be taken by gaol keepers or sheriffs because

persons not indicted or found not guilty have been kept in prison

pending payment of such fees. Instead, the counties shall pay to gaol

keepers up to 13s.4d. per prisoner so discharged.

Colonials acts which infringed upon the English common or

statutory law, or were against the interests of other American colonies

were submitted to the Privy Council, which allowed or disallowed them.

Appeals from the colonial courts came to the Privy Council.

Judges in the colonies were appointed by royal governors and

paid by colonial legislatures. They served at the pleasure of the king.

Colonial courts included superior courts of judicature, courts of

assize, general gaol delivery, general sessions of the peace, inferior

court of common pleas, and commissions of Oyer and Terminer. There were

also Justices of the Peace, marshals, provosts, and attorney generals.

There were few cases of vagrancy, theft, or homicide. This may have

been because the people were few and dependent on each other, and

economic opportunities were great.

Benefit of clergy for certain crimes was available in the

American colonies to all who could read and write. For instance, it

could be used in trials for manslaughter.

Appendix: Sovereigns of England

Accession - - Name - - - - - - - - - Relation

871 - Alfred the Great

899 - Edward the Elder - - - - - - - son of Alfred

924 - AEthelstan - - - - - - - - - - son of Edward the Elder

939 - Edmund - - - - - - - - - - - - son of Edward the Elder

946 - Eadred - - - - - - - - - - - - son of Edward the Elder

955 - Eadwig - - - - - - - - - - - - son of Edmund

959 - Edgar - - - - - - - - - - - - son of Edmund

975 - Edward the Martyr - - - - - - son of Edgar

978 - AEthelred the Unready - - - - son of Edgar

1016 - Edmund Ironside - - - - - - - son of AEthelred the Unready

1016 - Canute

1035 - Harold I Harefoot - - - - - - son of Canute

1040 - Hardicanute - - - - - - - - - son of Canute

1042 - Edward the Confessor - - - - -son of Aethelred the Unready

1066 - Harold II

1066 - William I, the Conquerer

1087 - William II - - - - - - - - - -son of William I

1100 - Henry I (and Matilda) - - - - son of William I

1135 - Stephen 1154 - Henry II(and Eleanor) - grandson of Henry I

1189 - Richard I, the Lion-Hearted - son of Henry II

1199 - John - - - - - - - - - - - - son of Henry II

1216 - Henry III - - - - - - - - - - son of John

1272 - Edward I (and Eleanor) - - - son of Henry III

1307 - Edward II - - - - - - - - - - son of Edward I

1327 - Edward III - - - - - - - - - son of Edward II

1377 - Richard II - - - - - - - - - grandson of Edward III

1399 - Henry IV

1413 - Henry V - - - - - - - - - - - son of Henry IV

1422 - Henry VI - - - - - - - - - - son of Henry V

1461 - Edward IV

1483 - Edward V - - - - - - - - - - son of Edward IV

1483 - Richard III

1485 - Henry VII (and Elizabeth)

1509 - Henry VIII - - - - - - - - - son of Henry VII

1547 - Edward VI - - - - - - - - - - son of Henry VIII

1553 - Mary - - - - - - - - - - - - daughter of Henry VIII

1558 - Elizabeth I - - - - - - - - - daughter of Henry VIII

1603 - James I

1625 - Charles I - - - - - - - - - - - son of James I

1649 - Oliver Cromwell

1660 - Charles II - - - - - - - - - - -son of Charles I

1685 - James II - - - - - - - - - - - -son of Charles I

1689 - William and Mary

1694 - William III

1702 - Anne - - - - - - - - - - - granddaughter of James II

1714 - George I

1727 - George II - - - - - - - - - - - son of George I

1760 - George III - - - - - - - - - - son of George II

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5) Tudor England, S.T. Bindoff, 1950

6) England in the Seventeenth Century, Maurice Ashley, 1952

- - - - - - - - - - - - -THE END

- - - - - - - - - - - - - INDEX

abbey; abbot, abbess; abduction; accessory; account; administrator;

admiralty; adultery; adverse possession; adulterated; advowson;

AEthelbert; AEthelred; affidavit; agreement; agriculture; Augustine.

St.; aids; alderman; ale; alehouses; Alfred; alienate; aliens;

allegiance; alms; amerce; America; Anabaptist; ancient; Anglo-Saxons;

Anglo-Saxon Chronicles; annulment; apothecaries; apparel laws; appeal;

appellate; apprentices; appurtance; archbishop; architect; Aristotle;

Arkwright, Richard; arraign; arson; Arthur; Articles of Religion;

artificer; artisan; assault; assay; assign; assize; assizes; assumpsit;

astrology; at pleasure; atheism; attainder; attaint; attorneys; babies;

bachelor; Bachelor of Arts; back-berend; Bacon, Francis; Bacon, Roger;

bacteriology; bail; bailiff; baker; ballads; Bank of England;

bankruptcy; Baptist; bar; barber; barber-surgeon; bargain and sale;

barons; baron court; barristers; bastard; bath; battery; beadle;

beating; Becket; beer; beggar; benefit of clergy; benevolence; Beowulf;

bequeath, bequest; Bible; bigamy; bill; bill of attainder; bill of

exchange; Bill of Rights; billet; Birmingham; bishops; Black Death;

Blackstone, William; blinding; blodwite; blood-letting; bocland; Book

of Common Prayer; bordars; borough; Boston; bot; Boyle, Robert;

Bracton, Henry de; brass; brawling; breach; breach of the peace; bread;

Brewster; bribery; brick; bridge; bridgebot; Bristol; brokers; Bullock,

case of; burgbot; burgess; burglary; burh; burial; burning; butcher;

butler; Calais; Calvin; Cambridge University; canals; cannon;

capitalism; carbon dioxide; carpenter; carriages; carucage; carver;

castle; castle-guard; cathedral; Catholics; cattle; cavaliers; Cecil,

William; censorship; ceorl; certiorari; challenge; champerty;

chancellor; chancery; Chancery Court; charter; chattel; Chaucer,

Geoffrey; chemistry; chevage; Chief Justice; Chief Justiciars; child;

child abuse; children; childwyte; Christian; chivalry; Christmas;

church; Church of England; church sanctuary; Cicero; circuit; citizen;

city; civil; civil courts; civil war; claim; clans; class; clergy;

clerics; cloth-maker; coaches; coal; coffee houses; coin; Coke, Edward;

College of Physicians and Surgeons; colonies; commission; common land;

common law; Commons, House of; Commonwealth; compurgation; compurgator;

confession; Congregationalists; Conqueror; consideration; constable;

constitution; contract; conventile; conveyance; conviction; cooper;

Copernicus; copper; copyhold; copyrights; cordwainer; Coronation

Charter; coroner; corporation; corruption of the blood; council;

counterfeit; county; county courts; courtesy; Court of Common Pleas;

Court of High Commission; Court of King's Bench; courtesy; court

martial; covenant; coverture; Coventry; craft; craft guild; Cranmer,

Thomas; creditor; crime; criminal; Cromwell, Oliver; Cromwell, Thomas;

crown; cupbearer; curfew; currier; custody; customary tenant; customs;

damages; danegeld; Danes; darrein presentment; daughter; death; death

penalty; debt, debtors; deceased; decree; deed; deer; defamation;

defendant; demesne; denizen; deodand; descendant; Descartes, Renee;

desertion; detinue; devise; dispensary; disseisin; dissenter;

distraint; distress; divorce; doctorate; dog; Doomsday Book; doublet;

dower; dowery; Drake, Francis; drover; drunkenness; duel; during good

behavior; duties; dwelling; dyers; earl; East India Company; Easter;

ecclesiastic; Edith; education; Eleanor, wife of Edward I; Eleanor,

wife of Henry II; election; electricity; Elizabeth, wife of Henry VII;

embroiderer; enclosure; English; engrose; Episcopal Church; equity;

equity court; Erasmus; escape from gaol; escheat, escheator; escuage;

esquire; established church; estate; estate administration; estate

tail; Euclid; Exchequer; excommunication; excise tax; executor; export;

extent; eyre; factory; fair; father; fealty; fee; fee simple; fee tail;

felony; feme covert; feme sole; feoff; Fermat, Pierre; feudal; feudal

tenures; fihtwite; fine; fire; firdfare; fire-fighters; fishermen,

fishmonger; flint; flogging; flymenfyrm; flying shuttle; folkmote; food

riots; footmen; forced loans; forced marriage; forestall; Forest

Charter; forestall; forestel; forests; forfeit; forgery; forms of

action; fornication; fortifications; foster-lean; France; frank-almoin;

Franklin, Benjamin; frankpledge; fraternity; fraud; freedom of speech;

freehold, freeholder; freeman; freemason; freewoman; friar; frith

guild; fuller; fustian; fyrd; fyrding; fyrdwite; gage; Galilei,

Galileo; gambling; games; gaols; Gaol Distemper; Gawaine; gentleman;

gentry; geology; Georgia; German, Christopher St., gift; Gilbert,

William; guildhall; guilds; gin; Glanvill; glass; Glorious Revolution;

gloves; God; godfather; gold; Goldsmiths; Good Parliament; goods;

government; grain; grammar schools; grand assize; grand jury; Grand

Tour; grants; grave; gravitation; Greek; Gresham, Thomas; grithbrice;

guardian, guardianship; Guenevere; hair; hall; Halley, Edmond;

hamsocne; hand-habbende; harboring; Harrington, James; Harvard College;

health; heir; heresy; heriot; hidage; hide; High Commission Court;

Hilda; hillforts; holidays, holydays; homage; homicide; Hooke, Robert;

horse; horse racing; hospitals; house-breaking; house-holder; House of

Commons; House of Lords; houses; houses of correction; hue and cry;

humanism, humors; hundred rolls; husbreche; Huygens, Christian;

hundred; hundred courts; hunt; husband; hustings court; hut;

illegitimacy; illness; illuminators; impeach; import; imprisonment;

incest; income tax; Independents; indenture; indictment; industry;

infangthef; infiht; inflation; inheritance; innkeeper; Inns of Court;

inoculation; inquest; insocna; insurance; interest; interrogatory;

intestate; iron; itinerant; jail; Jesus; Jews; Joan of Arc; joint

tenants; joint-stock companies; jointure; Jones, Inigo; journeyman;

judge; jurisdiction; jurors; jury; justice; justices in eyre; Justices

of Assize; Justices of the Peace; justiciar; Kent county; Keplar,

Johannes; kill; kin, kindred; king; King Alfred the Great; King Charles

I; King Charles II; King Edward I; King Edward the Confessor; King

George III; King Henry I; King Henry II; King Henry VII; King Henry

VIII; King James I; King James II; King John; King Richard the

Lion-Hearted; King William and Mary; King William I, The Conqueror;

king's peace; knight; knight's fee; knights' guild; knitting; laborer;

ladies; land; landlord; land-owner; larceny; lastage; Latin; law

merchant; lawsuit; lawyer; Laxton; lay; leap year; lease; leather; leet

court; legacy; legerwite; legislation; legitimacy; Leibniz, Christian;

Leicester; letters; libel; Liberi Quadripartitus; library; license;

life; life-estate; lighthouse; limb; linen; Lion of Justice; literacy;

literature; Littleton, Thomas; livery; Lloyds; Locke, John; London;

Long Parliament; longitude; lord; Lords, House of; loriner; lottery;

loyalty; machine; magistrates; Magna Carta; magnate; maiden; mail;

magic; malicious prosecution; maintenance; Manchester; manor; manor

courts; manufacturing; manumission; Marco Polo; market; marriage;

marriage agreement; marriage portion; marshall; marquise;

Massachusetts; Master of Arts; masters; Matilda; Mayflower; mayor;

Maypole; mead; measures; meat; medicine; melee; member; merchandise;

merchant; merchant adventurers; merchant guilds; merchet; Merciless

Parliament; mercy; Merton; mesne; Methodists; microscope; Middlesex;

midwives; military service; militia; miller; minister; minor;

minstrels; miskenning; moat; Model Parliament; monarchy; monasteries;

money; moneyer; monks; monopoly; moot; More, Thomas; morgen-gift;

morning gift; mort d'ancestor; mortgage; mortmain; mother; murder;

murdrum; mutilation; Napier, John; navy; Newcastle- on-Tyne; New

England; New Model Army; newspapers; Newton, Issac; New World;

nobility; noblemen, nobles; nonconformists; Normans; novel disseisin;

nuisance; nun; Oakham, William; oaths; offender; oil; one hundred year

war; open field system; ordeal; ordinance; orphans; outlaw; Oxford

University; oxygen; papists; parent; parishes; Parliament; Parliament

of Saints; partition; party; Pascal, Blaise; passport; patents; pauper;

pawn; Peasant's Revolt; peers; peine forte et dure; penalty;

penitentiary; Penn, William; Pennsylvania; penny; per stirpes; perjury;

personal injury; personal property; petty serjeanty; petition; Petition

of Right; physicians; Piers Plowman; pigherds; pilgrim; pillory; pipe

rolls; piracy; pirate; plague; plaintiff; Plato; plays; pleading;

pleas; police; pontage; poor; pope; popery; population; port;

portreeve; portsoken ward; posse; possess; postal system; post mortem;

pottery; praecipe in capite; pressing; Presbyterians; prescription;

presentment; priest; printing; prison; Privy Council; privy seal;

probable cause; probate; proclamation; promise under seal; promissory

note; property; prosecutor; prostitutes; protectorate; Protestants;

Puritans; purveyance; putting out system; Quakers; quaranteen, quarter

sessions; queen; Queen Elizabeth I; Queen Mary; Queen's Bench; quo

warranto; rack; Ralegh, Walter; rape; Ray, John; real action;

recognition; reeve; reformation; regrate; release; relief; religion;

remainder; renaissance; rent; replevin; residence; Restoration;

reversion; revolt; reward; rights; riot; riot act; roads; robbery;

Robin Hood; Roemer, Olaus; Roman law; Root and Branch Petition;

roundheads; royal court; Royal Navy; Royal Society; royalists; Rump

Parliament; Russia; sacrament; sacrifice; sailor; sake and soke; sale;

salt; saltworks; sanctuary; Sandwich; Saxon; scaetts; scavage; scholar;

school; science; scolds; scot; scrofula; scutage; seal; seamen;

searchers; search warrant; sedition, seditious; seisin; self- defense;

self-help; Separatists; serf; serjeanty; servant; service; servitude;

settlement; sewer; Shakespeare, William; shaving; sheep; Shelley's

case; sheriff; sheriff's turn; shillings; ships; shipwreck; shire;

shire courts; shire-gemot; shoemaker; Short Parliament; shrine;

sickness; silver; Slade's case; slander; slave; slingshot; smallpox;

smith; Smithfield; socage; sokemen; soldiers; solicitor; son; Spanish

Armada; speedy pursuit; spinning; spinning jenny; spinning wheel;

spinsters; spouse; St. Augustine; St. Germain; St. Lazarus; St. Paul's

Church; statute of laborers; squire; staple; Star Chamber Court;

strangers; steam; steel; stengesdint; Stevinus; steward; stock-and-land

lease; stocking-frame knitters; stocks; stolen goods; stone;

Stonehenge; straw; streets; stretbreche; subtenants; successor; sue;

suit; summary; summon; Sunday; Supporters of the Bill of Rights

Society; surety; surgery; surname; swearing; swords; tale; tallage;

tanner; tavern; tax; tea; team; Ten Commandments; tenancies; tenancy,

tenant; tenants in common; tenement; tenure; term; testament; Thames,

River; theft; thegn; Theodore; theology; theow; thermometer; Thirty

Years' War; tile; tiler; tin; title; tolls; tories; Torricelli,

Evangelista; tort; torture; tournament; Tower Hill; Tower of London;

town; town-reeve; trades, tradesmen; transportation; treason, high and

petit; treasure trove; treasury; trespass; trespass on the case; trial

by combat (battle); trover; turnpike; twelve; tyne; umbrella,

Unitarians; university; usury; use-trust; vagrants, vagrancy; vassal;

verderer; verdict; vessels; vikings; vill; villages; villeinage;

villeins; vintner; Virginia; wall; Wallis, John; War of the Roses;

ward, wardship; wardmoot; wardrobe; warrantor, warranty; waste; water;

watermen; watermill; waterwheel; Watt, James; wealthy; weapon; weaving,

weavers; webs; wed; wedding; weights; weir; well; wer, wergeld; Wesley,

John; Westminster; whigs; whipping; White Tower; Whitsuntide; widows;

wife; wife-beating; wills; Winchester; windmills; window tax; wine;

witch; witchcraft; wite; witan; witanagemot; witnesses; wives; Wolsey,

Thomas; Wyclif, John; woman-covert; women; wool; wounding; writs; writs

of assistance; writs of error; Year Books; yeomanry, yeomen