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Part 95

Our Legal Heritage : 600-1776 King Aethelbert - King George Iii · S. A. Reilly — chapter 95 of 103 · ~3,799 words · public domain

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Church sanctuary was abolished for those accused of civil offenses.

There was much travel by scheduled coaches, which usually carried several passengers and were drawn by four horses. Regular service of public vehicles to and from London went four miles an hour; it took two days to go from London to Oxford. It was not unusual for a coach to bog down or overturn. Sometimes it had to detour around an impassable stretch of road or borrow a couple of oxen from a nearby farm to get out of a quagmire. Men and horses drowned in some of the potholes. Robbery was endemic and some of the roads were so unsafe from highwaymen that bands of armed horsemen were hired to accompany the coaches. It was not unusual to come across gibbets for hanging at crossroads. At coach headquarters in inns in London, there were casual workers who associated with gangs of thieves specialized in passengers' goods. Traveling merchants preferred packhorses to carts because they could cross overland or through watercourses more easily. These pack horses traveled in regular caravans in single file. The leader had a bell around his neck to warn, from a distance, riders or carts coming in the opposite direction. Carts traveled about two miles an hour. In 1711 the trustee system superseded administration by the Justices of the Peace of the turnpike system, including tolls and toll booths. The toll booths were frequently attacked by riotous mobs. So anyone pulling down or destroying turnpike gates at which tolls are to be paid shall go to prison or put to hard labor in a House of Correction for three months without bail. He shall also be whipped in the market place between 11:00 and 2:00. If he offends a second time, he shall be transported for seven years. Later the penalty of prison up to three years was added as an alternative. The hundred was to pay the damages up to 20 pounds. The penalty for threatening the toll collector or forcibly passing through was 5 pounds for the first offense, and 10 pounds for the second offense with imprisonment for one year for those who couldn't pay.

By 1750, about 60 miles could be made in a day. The turnpike trusts took over most of London's major highways during the 1700s. There was no travel on Sundays until 1750.

In 1745, shocked by the difficulty caused by bad roads in concentrating the royal army to stop the Scottish invasion, the king began systematically to improve all the roads. There was much road and highway widening and repair, and also river bank and pier repair, going on all over the country. Marsh lands were drained. Harbors were deepened. There were numerous statutes trying to adjust the needs of travel with the condition of the roads. For instance, there must be a pole between the wheel horses or double shafts. Carriages, wagons, or carts drawn by more horses, oxen, or animals or with wheels bound iron tires, or with very heavy loads were observed to cause more damage, so they were restricted or had to pay higher tolls. Then broad and smooth iron tires were observed to not cause the amount of damage as did narrow or irregular iron tires and their use was encouraged. From 1741, weighing machines were kept at toll gates. By 1766, turnpike roads had to be at least 30 feet wide; hedges and fences thereon had to be taken down by their owners. Cartways to markets had to be at least 20 feet wide, and horseways 3 (later 8) feet wide. There were ditches, drains, and gutters to carry off water. Names and abodes of owners were to be put on carriages, wagons, and carts or forfeit 2-5 pounds, except for carriages or coaches of a nobleman or gentleman for his private use or those drawn by only one horse or two oxen, or those with wide wheels and a light load. There were town name signs, direction posts, and milestones. In 1773, the Surveyors and the Commissioners of Turnpikes were given authority to requisition local men, carts and draught animals for compulsory labor, or money instead, in maintaining the roads and making new ditches and drains. They could take any local sand, gravel, chalk, or stone from waste or common land or, if not needed by and satisfaction is made to the owner, from enclosed land. The surveyor was to be chosen locally for a year and could be given an allowance. New roads required the consent of the landowners and a negotiated price.

A driver of a carriage, wagon, or cart on the public highway who by negligence or misbehavior causes any hurt or damage to a person or any other carriage or hinders free passage of any other carriage shall forfeit up to 20s. Anyone leaving an empty cart or other obstruction on a public highway shall forfeit up to 20s. Any cart, wagon, or carriage driven without a person on foot or on horseback leading it shall forfeit up to 20s. Any driver of an empty cart, wagon, or carriage who refuses or neglects to make way for any coach or loaded cart, wagon, or carriage shall forfeit up to 20. Any offender may be apprehended by anyone seeing his offense without warrant, who shall then deliver him to a constable or other peace officer.

By 1719, the mail service was well-regulated. Letter rates within 80 miles of London were 3d. per piece of paper, then 12d. per ounce. Within 60 miles of New York City in America there were 4d. per piece of paper, then 1s.4d. per ounce. Letters were still carried by post horses. From London to New York, they were 1s. per piece of paper for the first three pieces, then 4s. per ounce. In 1765, this rate was extended to all colonial ports.

In 1754, canals began to be constructed linking the main rivers. Horses or men hauled the barges from the land. Now goods of many inland towns cheapened and reached a national instead of just a local market. In 1761 an almost illiterate man called James Brindley cut the first real canal at Worsley for the Duke of Bridgewater, who owned the coal deposits there. He kept the line of the canal at one level to avoid having to make locks. It crossed one river as a forty foot high aqueduct. He refused to use the beds of small rivers, whose sluggish flow gave no adequate security against silting. Coal at the destination point of Manchester fell to half its former price. After Wedgwood headed a campaign to persuade Parliament to construct a certain canal, he bought adjacent land on which he built a great factory.

In 1713, the maximum interest rate that could be charged was reduced to 5% for the advancement of trade and improvement of lands because that rate was the norm in foreign lands. Thus the maximum interest rate fell from 10 to 8 to 6 and then to 5%. When Issac Newton was Master of the Mint, he noted that too restricted a currency caused a high interest rate to prevail, which was bad for commerce and the plans to set the poor to work, but that too large a quantity of money in circulation caused interest rates to fall, which encouraged luxury imports and the export of bullion.

The Bank of England provided a safer deposit and lower interest than goldsmiths or scriveners. It also issued notes for 10 and 15 (since 1759), and 20 pounds. Outside retail trade and wages payments, business was conducted on a credit basis with a paper promise to pay at some future date. Check use was still formal and rare. Tradesmen typically authorized their apprentices to "write off or draw" from their accounts, bringing their bank books. Depositors authorized other people such as certain servants, relatives, cashiers, or company secretaries to make use of their accounts. After 1721, the Bank dividend was about 6% a year.

Promissory notes are assignable and endorsable and the holder may recover against the signer or any endorser as is the case with bills of exchange. In 1775, no more promissory or other notes, bills of exchange, draughts, or undertakings in writing and being negotiable or transferable may be made for under 20s., because it was hard for the poorer sort of manufacturer, artificer, laborer and others to comply with them otherwise than by being subject to great extortion and abuse. (Cash was to be used instead.)

By 1711, government finances had become so chaotic that the Chancellor of the Exchequer sought to re-establish public credit by means of a chartered commercial company, the shares of which were offered in substitution for government stock. This South Sea Company was established in 1711 with a monopoly to trade in South America. The prospects of hugh profits sent the share prices soaring. There was also an increase in the money supply. These factors led to a speculation bubble in 1720 in this stock. Also, many stock-jobbers promoted companies of every description, such as one to extract gold from sea-water. There was an insurance boom with about seventy insurance companies in existence, many virtually gambling in life contingencies. There was speculation in insurance for all types of occurrences, such as house-breaking, highway robbery, death by gin-drinking, and horses becoming disabled. The total capital invested in all these enterprises rose to over five times the cash resources of all Europe. When the bubble burst, 100 pound South Sea stock had gone up to 1050 pounds and back down again to 120. Since the government had in effect bought this stock at a low price and paid off its debt with this stock at a high price, this bubble relieved the government of much of its massive debt. It also redistributed wealth. After the bubble burst, investors took refuge in investing in 3-4% government fixed-interest securities. A result of this bubble burst was the chartering of two corporations for marine insurance and prohibition of such by any partnership or firm. Private persons could continue to write policies, and they chose Lloyd's Coffeehouse as their headquarters; it came to dominate the world of marine insurance after the two chartered companies came to concentrate on fire and life insurance. Lloyd's list became the foundation for a new newspaper. There were speciality boxes at Lloyd's such as on America or the Baltic. Many ships were reported captured by enemies or pirates, but underwriting insurance was a lucrative business for many.

In 1717 the gold guinea was assigned a value of 21s. In 1774, the gold standard was introduced. In 1774, clipped and deficient gold coin was called in to be exchanged for new coin.

Local taxes were collected for the church, the poor, county courts of justice, borough administration, and highways. National taxes included the income, customs, and excise taxes. When the government tried to levy excise taxes on wine, tobacco, and then on cider, there was a public protest with mobs demonstrating against the power given to excise inspectors to search in people's homes. These excise taxes were no longer levied.

Duties were placed on items for encouraging industries within the country and to pay the expenses of government. There were more and higher duties to pay for war. At various times there were duties on hides, skins, seal skins, gilt and silver wire, malt, mum (strong beer made from malted wheat), cider, perry, spices, coffee, tea, cocoa nuts, chocolate, cocoa paste, snuff, chinaware, drugs, calicoes, herrings, apples, oysters, raw Italian and Chinese silk, gum arabic, gum senega, tallow, hogs-lard, grease, beaver skins and wool, imported brandy, raisins, coals and coal dust, coaches for one's own use or for hire (except licensed hackney coaches); silver plate owned by persons, corporations, and bodies politic; leases, bonds, and other deeds; licenses for retailing wine, beer, and ale; 5% of salaries, fees, and perquisites from office and employments including royal pensions and gratuities over 100 pounds. When the price of wheat was high, as in 1765, when it was 6s. per bushel, wheat products could not be exported. (At other times, they could not be imported.) Duties on imported wheat, barley, rye, oats, beans, rice, Indian corn were also dropped. The prohibition of importing salted beef, pork, bacon, and butter was dropped. In 1770, no live cattle, pigs, mutton, pork, beef, either fresh or salted could be exported or forfeit 50 pounds for every such animal or 5s. per pound of such meat. In 1773, peas, beans, bacon, hams, and cheese could be imported duty free, and in 1775 Labrador codfish. In 1775, raw goat skins could be imported duty-free to improve the domestic manufacture of red, green, and blue leather.

In 1773, there were given costs above which various commodities could not be exported: wheat at 44s. per quarter, rye, peas, or beans at 28s., barley and beer at 22s., oats at 14s. or 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 (1s. - 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 for sellers or hawkers of pamphlets or newspapers of imprisonment in a House of Correction up to three months, and the apprehender got 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 nuts with an intent to avoid duties upon 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. The foot soldiers were 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, 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 shall be paid 40s. and may not 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 victualling 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 army and also to keep a check on its numbers, which might be surreptitiously increased if they were in barracks. The towns protested 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 parish paid 50s. for clothing and bedding for such sea service. No such apprentice could be impressed into royal sea service until 18 years of age. Master and owners of ships that carry 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 forfeit 10 pounds to the parish. Boys voluntarily binding themselves to such sea service were exempt from impress for the next three years. This was to increase the number of able and experience mariners and seamen for the royal navy and for the trade and commerce of the nation.

No masters or commanders of merchant ships may proceed on a voyage beyond the seas without first agreeing in writing on wages with the seamen, except for apprentices. Such agreement must be signed by the seamen. Offenders must forfeit 5 pounds per seaman, which will go the use of Greenwich Hospital. Any seaman leaving the ship before being discharged in writing will forfeit one month's pay because too many have 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 an octant and later a sextant 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 21/2 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. There was a toll on ships entering the port of London to pay for repairs to its walls.

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.

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