Part 101

Any one who adulterates coffee with water, grease, butter, and such shall forfeit 20 pounds, 1/2 to the king, and 1/2 to the suer.

Walnut tree leaves, hop leaves, sycamore leaves and such may not be made to imitate tobacco leaves for sale or else forfeit 5s. per pound.

Persons near London may not make unsound, hollow, or improperly heated bricks.

Makers of narrow woolen cloths must weave or set in the head of every piece his initials or else forfeit one pound. This is to prevent frauds and abuses, particularly in stretching and straining the cloth. The fulling mill owner must append his seal of lead with his name and with his measurements. The searcher to be appointed must measure such cloths when wet for conformity to standard measurements and append his seal with his measurements. He may also inspect any places he chooses.

In 1774, any wool-making employee not returning all working tools and implements and wool and all materials with which entrusted back to his employer, or who fraudulently steams, damps, or waters such wool, or who takes off any mark on any piece of cloth, shall go to the House of Correction for one month. If he absconds with or sells such or anyone fraudulently buys or receives such from him, a search warrant may be issued to seize any other such tools or material. If found, the possessor may be brought to account before a Justice of the Peace, and if his account is not satisfactory, he shall forfeit such. A search warrant may also be issued for houses on "just cause to suspect" by oath of a credible witness. For a second offense, the penalty is up to three months in a House of Correction. For a third offense, the penalty is up to six months in a House of Correction and public whipping.

Bakers must mark their bread with W for white, WH for wheaten, and H for household or else forfeit 20s. to the informer. In 1758, a new assize of bread set prices for rye, barley, oats, and beans by the bushel. The prices for the three qualities of wheat, for wheaten (prized and unprized), and for household grain by the bushel were to be determined from within a statutory range by the local Mayor or Justice of the Peace. Mayors and Justices of the Peace were to determine a fair profit for their local bakers for all the types of bread. A miller, mealman, or baker adulterating bread was to forfeit 40s. 10 pounds, part of which money could be used in publishing his name, abode, and offense in the local newspaper. Later, there was a forfeiture of 1-5s. for every ounce underweight. Household bread was to be 1/4 cheaper than wheaten or forfeit 10-40s. Bread inferior to wheaten was not to be sold at a price higher than household or else forfeit up to 20s. If the forfeiture was not paid, it could be levied by distress, or otherwise the offender was to spend one month in gaol or a House of Correction.

Straw to be sold in London must be sound, firmly bound in a truss, and of a given weight or else forfeit it and 20s. if no truss, and 1s. if in truss but underweight or of mixed quality. Handlers must keep registers of sellers, buyers, weights, dates of sale, and prices or else forfeit 10-20s.

Frame-work knitted pieces and stockings shall be marked with the correct number of threads by the master, frame-work knitter, or master hosier, or forfeit the goods and 5 pounds. If a journeyman apprentice, or servant employ does not mark correctly, he shall forfeit the goods and 5s.-40s. Sellers of such shall forfeit the goods and 5 pounds per piece.

At every fishing season, the quantity of salt, foreign or domestic, used by a proprietor for curing fish for export shall be accounted and sworn to so that it can be compared with the quantity of fish exported by the proprietor to ensure that the salt duties are fully paid, or else forfeit 40 pounds. If such salt is sold for other uses than curing fish, the proprietor is to forfeit 20s. per bushel sold and the users thereof, to forfeit 20s. per bushel bought, delivered, or used. If one can't pay, he is to be whipped and put to hard labor in a House of Correction for up to three months.

Agreements between coal owners, lightermen, fitters, master or owners of ships, hindering the free sale, loading, and unloading, navigating, or disposing of coals are illegal, null, and void. This is engrossing and has caused the price of coals to go up.

No coal trader or dealer may use his own lighters, barges, or other vessels to carry coals on the Thames River to and from any ship and to and from any wharf, dock, or creek because this has impaired the business of the watermen and wherrymen, whose vessels must now be registered and display such mark on their hulls. No lightermen nor buyers of coals may act as agent for any master or owner of a ship importing coals into London or else forfeit 200 pounds, because this combination has caused the price of coal to go up. Selling one sort of coal for another is punishable by forfeiture of 500 pounds. Only standard size coal sacks may be used for selling coal and they must be sealed and stamped by an official at the Guildhouse before sale. The mayor and aldermen of London may set the price of coals coming into this port. In other areas, Justices of the Peace set the prices of coals which allowed "a competent profit". If a merchant refused to sell at that price, the Justice of the Peace could authorize seizure and sale by officers.

Later, coal measurers must give the coal cart driver a ticket with the name of the sellers and consumers, the quantity and quality of the coal, its price, the date of sale, and the name of the cart driver or else forfeit 5 pounds. The cart driver must give this ticket to the consumer or forfeit 5 pounds. If coal is carried by cart without a ticket, the seller forfeits 50 pounds and the driver 5 pounds.

Anyone who willfully and maliciously set on fire any mine or pit of coal is guilty of felony and shall suffer death without benefit of clergy. Anyone who willfully and maliciously floods a coal work, mine pit or who makes underground cavities or passages with intent to destroy or damage such, or obstructs any sough or sewer made for draining such, which has been held in common for 50 years, shall forfeit treble damages. This is to deter these offenses, which have been done to enhance the price of coals and gain a monopoly thereof.

If twelve or more people who riotously and tumultuously assemble and disturb the peace, do not disburse within an hour of an order to disburse by a justice or sheriff or mayor, they shall be deemed felons without benefit of clergy. Any people pulling down or destroying a church, dwelling house, barn, stable, or other out house; any mill; any engine used for draining water from any coal, lead, tin, or copper mines, or for drawing coals from mines; or bridge, wagon, or fences used in such industry will be deemed felons without benefit of clergy and may be transported for seven years. The cost of repair is to be borne by the hundred or town.

Any owner of timber trees, fruit trees, and other trees used for shelter, ornament, or profit, which are cut down or otherwise destroyed shall be made good by his parish or town, as is an owner of hedges and dikes overthrown by persons in the night. In 1765, anyone cutting down or destroying any oak or other timber trees at night shall forfeit up to 20 pounds for the first offense, up to 30 pounds for the second offense, and shall be transported to the colonies for seven years for any further offense. Anyone digging up or destroying or carrying away any root, shrub, or plant worth up to 5s. in a garden, nursery, or other enclosed ground at night shall forfeit up to 2 pounds for the first offense, up to 5 pounds for the second offense, and shall be transported to the colonies for seven years for any further offense. Anyone not paying is to be gaoled. Aiders and buyers who know the item was stolen shall incur the same penalties. Later, many other types of trees, such as beach, ash, elm, cedar, and walnut were included as timber trees, and hollies, thorns, and quicksets included as plants.

The previous statute that substituted burning in the cheek for burning in the hand is repealed because this not only did not deter offenders, but on the contrary, made them unfit for honest livelihoods and therefore more desperate. Those convicted of theft or larceny shall be burnt in the hand and may be kept at hard labor in a House of Correction for 2-24 months, without bail.

Any person using violence to hinder the purchase or transportation of grain, e.g. by beating or wounding a buyer; beating or wounding the driver or horse of a cart loaded with wheat, flour, meal, malt, or other grain, or cutting the harness of or driving away the horse, or cutting or carrying away the sacks of grain is to be put in the common gaol or House of Correction with hard labor for 1-3 months, and whipped in the market place between 11:00 and 2:00. The penalty for a second offense or for destroying a storehouse or granary where grain is kept to be exported or for taking or spoiling such grain, or for throwing such off a ship or vessel is transportation for seven years. The hundreds concerned are to pay damages up to a total of 100 pounds, but only if notice is given to the constable within two days and there is an oath and examination before a Justice of the Peace within ten days of the owner or his servants. If any offender is convicted within a year, the hundreds are released.

Anyone who steals at night any cloth or wool or woolen goods set out to dry on racks shall forfeit treble damages, or if he can't pay, be sent to prison for three months without bail. For the second offense, he shall forfeit treble damages and be sent to prison for six months without bail. For the third offense, he shall be transported for seven years. Upon complaint, a Justice of the Peace may authorize a constable or other peace officer to enter and search houses, outhouses, yards, and gardens of a person suspected by the owner. This person shall account to the Justice of the Peace and may bring a witness to his purchase of the items. If the account is unsatisfactory, he shall be penalized.

Anyone taking linens, fustians, or cottons set out for whitening, bleaching, or printing up to the value of 10s. in lands, grounds, or buildings may be transported for seven years. Later, this penalty was increased to death without benefit of clergy or transportation for fourteen years.

Anyone stealing or maliciously pulling up or destroying any turnips on a person's land must pay damages or go to gaol for up to one month. He may be whipped. The penalty for a second offense is three months in a House of Correction. This statute of 1750 was, in 1773, extended to include potatoes, cabbages, parsnips, peas, and carrots. A penalty up to 10s. was added. Evidence of the owner was to be taken.

In 1769, anyone who steals a dog or receives such knowing it to be stolen shall forfeit 20-30 pounds for the first offense, and 30-50 pounds for the second offense or go to gaol or the House of Correction for 12-18 months and be publicly whipped there. Search warrants may be issued to search for stolen dogs or their skins. One-half of the forfeiture will go to the informer.

In 1712 was the last execution for witchcraft. By statute of 1736, witchcraft, sorcery, enchantment, and conjuration were abolished as crimes. Persons pretending witchcraft, sorcery, enchantment, or conjuration; or telling fortunes; or pretending by occult knowledge to discover the location of stolen goods may be imprisoned for one year without bail and put in the pillory in the market place once in every quarter of such year.

Anyone stealing goods off shipwrecks, or putting out a false light to bring a ship to danger, or beating or wounding with an intent to kill or otherwise obstructing a person escaping from the ship to save his life shall suffer death without benefit of clergy. Except that good of small value taken without violence shall be punished as petit larceny. The houses of suspect people may be searched by warrant. If there are goods found or if people are found offering goods to sell, they may be ordered by a justice to give an account of these goods. If the account is not satisfactory, the punishment is forfeiture of treble their value or six months in prison. A reasonable reward may be given to the discoverer. Anyone assaulting a magistrate or officer involved in salvage work shall be transported for seven years.

Officers of the revenue who collude with importers to return to them goods which have been seized for nonpayment of duties shall forfeit 500 pounds and lose office, unless they disclose their accomplices within two months. The importer shall forfeit treble the value of such goods.

Armed persons up to three in number assembled to assist in illegal exporting or running, landing, or carrying away prohibited or uncustomed goods, and any person apprehended by any revenue officer, and anyone with his face blackened or masked who obstructs, assaults, opposes, or resists any revenue officer seizing such goods, or who shoots at or maims or wounds any revenue officer attempting to go on any ship shall suffer death as felons without benefit of clergy or serve as commons sailors in the navy for at least one year. Harborers of such offenders will be transported for seven years. The hundreds shall pay 100 pounds for each revenue officer killed, and up to 40 pounds for each one beaten, wounded, or maimed, and damages up to 200 pounds for goods, unless an offender is caught and convicted in six months. There is a reward of 500 pounds to an apprehender, and 50 pounds for an attempt to apprehend in which one loses a limb or eye or is maimed or wounded, and 100 pounds to his family if he is killed. An offender who brings two of his accomplices to justice will be acquitted and rewarded 50 pounds for each such accomplice. Later, an incentive was given to customs officers to have a portion of the proceeds of the sale of such goods seized by them, such as 2/3 for wrought silks and calicoes, and 1/3 for tea, coffee, foreign brandy, and rum. Still later, any person could seize wrought silk, including ribbons, laces, and girdles containing it, from the importer or retailer, and the importer was to forfeit 100 pounds, and any import assistants 50 pounds, and retailers or concealers 50 pounds, with one half going to the suer. Also, the goods were to be publicly burnt. Still later, the penalty was increased to forfeiture of 200 pounds for all offenders, but not including wearers, and the goods were to be publicly sold for export rather than burnt. Then the import of silk stockings, silk mitts, and silk gloves was prohibited for the support of the English silk industry. Retailers, sellers, and concealers of such were to forfeit the goods and 200 pounds. Search warrants could be issued. In 1765, importers, sellers, and manufacturing users of most foreign wrought silks or velvets were to forfeit the goods and 100 pounds. The goods were sold for export with the proceeds going 1/2 to the king, and 1/2 to the seizing officer. The wearer was not liable. The burden of proof of the place of manufacture was on the person prosecuted rather than on the prosecutor. Persons breaking into houses or shops to destroy any wool or silk being made or tools or racks used shall suffer death as felons, to prevent combinations of workmen. In 1768, bounties were made available to American exporters of raw silk to Great Britain, whose climate was not conducive to the growing of mulberry trees on which silk worms feed. In 1774, cotton printed, stained, or dyed that has been manufactured in Great Britain may be worn and used, but must have a mark woven in the warp that it was manufactured in Great Britain. Persons importing other such cloth shall forfeit it and ten pounds per piece. Persons selling such with a counterfeit stamp with an intent to defraud shall suffer death without benefit of clergy. The protective measures for English silk manufacture did not work well.

Any ship not more than 50 tons hovering on the coast with customable or prohibited goods may be boarded by a customs officer, who may demand bond for treble the value of the goods.

In 1724, persons contracting with artificers and manufacturers of wool, iron, steel, brass, and other metals, clockmakers, or watchmakers, to go to a foreign country and there receive greater wages and advantages shall forfeit 100 pounds and spend 3 months in prison for the first offense, and shall forfeit a sum determined by the court and spend 12 months in prison for the second offense. An artificer or manufacturer not returning after warning is given by the ambassador is to forfeit hereditaments, goods, and lands and to be deemed an alien. Later, in 1750, cotton and silk were included and the penalty was increased to 500 pounds and 12 months in gaol for the first offense, and 1000 pounds and 2 years in prison for the second offense. Also, anyone exporting tools of wool or silk manufacture was to forfeit the tools and 200 pounds. This statute was strictly enforced. In 1774, tools of cotton and linen manufacture were included.

In 1772, all statutes against engrossing, forestalling, and regrating were repealed because they had prevented free trade and tended to increase prices, e.g. of grain, meal, flour, cattle, and other victuals.