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 would 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 may be searched for and conscripted into the army. Volunteers who enlist were to be paid 40s. and were not to be 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 it was 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 the 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 and now out of date. 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 it 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 to be paid. Privateers colluding with others to fraudulently take their merchant ships by were to forfeit 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 the present war.
Still later, anyone who has run 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 are to receive 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 may 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 is readily available, a ship's own owner, master, or mate was to 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 was no longer to be a pilot. There must 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 are not to throw any ballast, filth, rubbish, gravel, earth, stone, or filth into rivers or ports where the tide or water flows or runs 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. 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 are 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 is 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 shall have benefit of salvage. No insurance may 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 may take an apprentice unless he is a housekeeper or has some known place of abode where he may keep such apprentice or else forfeit ten pounds, and if he can't pay, do hard labor at the House of Correction for 14-30 days. Also he may not keep the apprentice bound to him. No apprentice may be entrusted with a vessel until he is 16 if a waterman's son and 17 if is he the son of a landman, and he has had at least two years' experience. None but freemen (i.e. one having served an apprenticeship of seven years) may row or work any vessel for hire or be subject to the same punishment. This is 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 may be used for selling liquors, tobacco, fruit, or gingerbread to seamen and laborers because such has led to theft of ropes, cables, goods, and stores from the ships. Excepted are boats registered at the guilds of Trinity and of St. Clement, but they must show their owner's name and can only operate in daylight hours. The penalty is forfeiture of the boat.
All ships coming from places infected with the plague shall be quarantined and any person leaving a quarantined ship shall return and later forfeit 20 pounds, of which 1/3 may 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 was to forfeit 200 pounds. If he did not take his vessel to the quarantine area on notice, he was to forfeit 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, Keeper, President of the Council, Privy Seal, Treasurer, 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. (Wolsey had been the last chancellor to rule England; thereafter 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. He 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 have intruded into assemblies of citizens of London and presumed to vote therein, the presiding officer shall appoint clerks to take the poll and oath required for elections for Parliament, mayor, sheriffs, chamberlains, bridgemasters, and auditors of chamberlains. The oath is that one is a freeman of London, a liveryman of a certain named company, has been so for 12 months, and names his place of abode. The oath for alderman or common council elections is that the voter is a freeman of London and a householder in a named ward paying scot of at least a total of 30s. and bearing lot. A list of the voters and of persons disallowed is to be given to candidates by the presiding officer.
Soldiers may not be quartered within 20 miles of a place of election so that the election is 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 may be corruption of the blood or for misprison of such treason may make his defense by up to two counsel learned in the law, who shall be assigned for that purpose on the application of the person impeached. In 1748, counsel may interrogate witnesses in such cases where testimony of witnesses are 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. 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. (Every township of fifty households had to appoint one 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 must forfeit 5 pounds, and 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 shall forfeit 200 pounds because such men have 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 on July 4, 1776.
The Law
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.
Anyone who feloniously steals or aids in the stealing of goods, wares, or merchandise over 5s. from a shop, warehouse, coach house, or stable (by night or by day, whether the owner is present or not, whether there is a break in or not) may not have benefit of clergy.
Anyone stealing goods of 40s. worth from a ship on any river or in any port or creek or from any wharf may not have benefit of clergy.
Anyone receiving or buying goods they know to be stolen or who harbors or conceals any burglars, felons, or thieves knowing them to be such shall be taken as accessory to the felony and shall suffer death as punishment if the principal felon is convicted.
A person taking money or reward for helping any other person to stolen goods or chattels is guilty of felony unless he brings the thief to trial.
As of 1717, any person convicted of grand or petit larceny or any felonious stealing or taking of money, goods, or chattels, either from the person or from the house of any person who is entitled to benefit of clergy and who is liable only to whipping or burning in the hand may instead be transported to the American colonies to the use of any person who will pay for his transportation for seven years. Any person convicted of an offense punishable by death and without benefit of clergy and buyers and receivers of stolen goods may be given mercy by the king on condition of transportation to any part of America to the use of any person who will pay for his transportation, for fourteen years or other term agreed upon. Returning before the expiration of the term is punishable by death.
Anyone assaulting another with an offensive weapon with a design to rob may be transported for seven years.
Any person armed with swords, firearms, or other offensive weapons and having their faces blackened or otherwise being disguised, who appears in any forest, park, or grounds enclosed by a wall or fence wherein deer are kept (including the king's deer) or in any warren or place where hares or conies are kept or in any high road, open heath, common, or down, or who unlawfully hunts, wounds, kills, or steals any deer or steals any hare or rabbit or steals any fish out of any river or pond or who unlawfully and maliciously breaks down the head or mound of any fish pond, causing the loss of fish, or who unlawfully and maliciously kills, maims, or wounds any cattle, or who cuts down any trees planted in any avenue or growing in any garden or orchard for ornament, shelter, or profit, or who sets fire to any house, barn or out house [outer building], hovel, or stack of grain, straw, hay or wood, or who willfully and maliciously shoots any person in any dwelling house or other place, or who sends any letter with no signature or a fictitious signature, demanding money, venison, or other valuable thing, or who forcibly rescues any person lawfully in custody for any of these offenses, or who procures others by gift or promise of money or other reward to join with him in any such unlawful act is guilty of felony and shall suffer death without benefit of clergy. Persons abetting them are also guilty of felony and shall suffer death without benefit of clergy. Attainder shall not work corruption of the blood, loss of dower, or forfeiture of lands, goods, or chattel. The persons sustaining damages can recover 200 pounds or less from the hundred, with inhabitants paying proportionately, unless one of the offenders is convicted within six months. If other hundreds have not diligently followed the hue and cry, they shall pay half such damages. In 1735, it was required that there be notice to the constable or other officer or tythingman and public notice in the London Gazette describing the robbery, offenders, and goods taken before the hundred had to pay damages. Also, it did not have to pay damages if one offender was apprehended with 40 days of publication in the London Gazette, but did have to pay the apprehender 10 pounds. In 1754 was also included letters threatening killing people or burning houses, barns or stacks of grain, hay, or straw, without any demand. Also, persons who rescued such offenders from gaol were given the same penalty.
Later, persons obtaining money or goods by false pretenses with an intent to defraud or cheat or sending a letter without a true signature threatening to accuse any person of a crime with an intent to extort money or goods, are punishable by fine and prison, pillory, or whipping or transportation for seven years.
Later, no person may recover more than 200 pounds after a hue and cry unless there are at least two witnesses to the robbery.
No one may advertise a reward for return of things stolen or lost with no questions asked, because this has resulted in thefts and robberies.
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.
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.
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.
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.
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.