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Part 81

Our Legal Heritage : 600-1776 King Aethelbert - King George Iii · S. A. Reilly — chapter 81 of 103 · ~877 words · public domain

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A person equating himself or another with God or not believing in God shall be imprisoned for six months without bail. For the second offense, he shall be banished from the nation.

No longer shall people be punished for nonattendance at church on Sunday or days of Thanksgiving, but may be at some other place of prayer, preaching, reading, or the scriptures.

Hawkers and ballad singers have been libelous, so are to be whipped as common rogues and then dismissed. Also, their ballads and pamphlets are to be confiscated. Vagrant, idle, loose, dissolute and disorderly persons and fiddlers in inns, alehouses, and taverns are to be punished as rogues, vagabonds, and sturdy beggars, that is, whipped.

In 1649, treason against Parliament was defined as writing, printing, or declaring that the government is tyrannical, usurped, or unlawful or that Parliament is not the supreme authority or the nation, or plot, contrive, or endeavor to stir up or raise force against the government. Attainder for such would not work corruption of the blood.

Treason to the Protector was defined the same as it was to the King.

Army deserters are to be corporally punished or executed.

Fellable wood and underwood, but no timber trees, may be cut within 60 miles of London because fuel is needed, especially by the poor. This will be supervised by overseers appointed by Parliament.

No one may import foreign hats or hatbands to relieve that industry in England.

As of 1656, certain food could not be exported when the prices of such exceeded a stated amount. For instance, 5 pounds for a 36 gallon barrel of beef, 6d. for a pound of bacon, 4 pounds and 10s. for a 224 gallon barrel of butter, and 24s. for 64 pounds of rye, pease, or beans. The customs for such items was more for foreigners than for natives, for instance 3s. for natives and 5s. for foreigners for a barrel of beef.

Butter for sale must not be corrupt and be properly weighed.

One must obtain a license to buy wheat or other grain and put it to sale in meal or flour or forfeit three times the value.

All books of the law, writs, pleadings, and patents shall be in English or forfeit 20 pounds.

No deer may be killed or forfeit 15 pounds, half to the informer and half to the poor.

Interest may not exceed 6 pounds for a loan of 100 pounds yearly as of 1651.

No goods are to be imported from America, Asia, or Africa except in English ships or forfeit all goods and the ship, one half of which goes to the one who seizes the goods and prosecutes. None may be imported from Europe except in English ships or ships from the country of origin of the goods. No salt fish may be imported or exported but in English vessels.

There is a 10 pound reward for discovery of highwaymen and burglars or persons who break and enter into houses and there use violence.

No cart or wagon or carriage on the road may be drawn by more than five horses or six oxen and a horse except for military vehicles.

Notice of intended marriages shall be published once a week for three weeks in a public meeting place called church or a public market place next to church. Exceptions to the marriage shall be noted by the Register and considered by the Justice of the Peace before the marriage is performed. The words used shall be: "...promise to be unto thee a loving and faithful husband..." and "promise to be unto thee a loving, faithful, and obedient wife...".

There shall be no cock-fighting because it disturbs the peace and usually is accompanied by gaming, drinking, swearing, and quarreling.

Anyone challenging or accepting a challenge to duel shall be imprisoned for six months without bail, and must acquire two sureties for a year. Anyone fighting a duel in which death ensues, shall be banished for life.

Horse races were forbidden in 1654 for six months to discourage mischievous plots and designs by enemies of the state. The penalty was forfeiting the horse. Attendees were to be brought to justice.

As of 1657, a house or building built within ten miles of the walls of the City of London not having at least four acres had to pay a fine of one year's rent. All houses within London or Westminster or the suburbs must be brick or stone, and built straight up without protruding into the street or forfeit 100 pounds.

As of 1657 persons living extravagantly without visible estate or calling may be made by Justices of the Peace to acquire sureties for good behavior or go to gaol. They would also be sent to the house of correction to work for three months for the first offense and for a time specified by the Justice of the Peace for the second offense.

Anyone winning at betting or playing at cards, dice, tennis, and horse races shall forfeit double his winnings.

Excluded from pardon were buggery with man [sodomy] or animal [bestiality], carnal ravishment of women, and bigamy.

Drunkenness was much punished.

Husbands were responsible for their wives' oaths and fathers for their daughters'.

- Judicial Procedure -

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