Part 102

Anyone assisting a felon (except for petty larceny) to try to escape from gaol, is guilty of felony and shall be transported for seven years. Anyone assisting a person who owes or is to pay 100 pounds to try to escape from gaol is guilty of a misdemeanor. In 1772, prison keepers were indemnified from creditors for any escapes of debtors due to conspiracy and break out with weapons and firearms rather than due to negligence of the prison keeper, as had been occurring.

Any pirate, accessory to piracy, commander or master or other person of any ship or vessel who trades with a pirate or furnishes him with ammunition or provisions of fits out a ship to trade with pirates shall suffer death and loss of lands, goods, and chattels. Seamen maimed in fighting pirates may be admitted into Greenwich Hospital. (This hospital received support from duties paid by vessels of the realm and of the colonies.) Masters or seamen not fighting shall forfeit their wages and spend 6 months in prison if the ship is taken. Masters shall not advance to any seamen above half his wages since deserting is the chief occasion of their turning into pirates.

In London penalties for crimes against property rose so that by 1740, a child could be hanged for stealing a handkerchief worth 1s. from a person's body.

No more than 600 pounds of gunpowder may be kept in any building in London or Westminster or suburbs thereof. Later, no more than 200 pounds of gunpowder were allowed to be kept therein for more than 24 hours. Buildings may be searched on "reasonable cause" shown to a Justice of the Peace. Later, no more than 400 pounds of gunpowder could be kept for more than 24 hours near any town, or more than 300 pounds for more than 24 hours in any place. Then no gunpowder could be conveyed by land over 25 barrels or by water over 200 barrels.

It was customary for officers to take the oaths of allegiance and supremacy to any new monarch. When George I became king in 1714, all civil and military officers, clergy, schoolmasters, and lawyers, solicitors, clerks, etc. living within 30 miles of London had to take an oath of allegiance and a new oath that the person was not Papist and agreed that no foreigners had jurisdiction in the realm, such as to excommunicate someone and thus declaring he could be legitimately killed. Soon after, it was required that Papists had to register their names and real estates. Commissioners were appointed to make inquiries. If a person did not take the oaths or did not register, he was to forfeit 2/3 of his land to the king and 1/3 to a Protestant who sued for such. This was in order to deter future rebellions against the king and efforts to destroy the Protestant religion.

Papists enlisting in the army are liable to corporal punishment, but not death, as determined by a court martial.

Any mayor, bailiff, or other magistrate who is present at any meeting for public worship other than the Church of England will lose office and is barred from any public office or employment.

As late as 1722, there was a Papist conspiracy to take the Tower of London and the King, and make a Catholic king. This resulted in the imprisonment of the conspirators and a new statute: Persons not taking the oath of allegiance and above oath that they were not Papist shall register their lands and yearly rents and pay double the land tax and 100,000 pounds. After payment, they are discharged from forfeiting 2/3 of their lands' rents for one year.

Jews may not refuse suitable maintenance to their children who are Christian to pressure them to convert back to Judaism.

Black slaves were common for a time in London. This was a result of the voluminous triangle trade of manufactured goods from England, slaves from West Africa, and sugar and tobacco from the West Indies. Slavery was largely abolished by judicial decision of Chief Justice Mansfield in 1772.

If a sheriff does not answer for money collected for the Exchequer, he shall forfeit treble damages to the aggrieved person, double the sum missing to the aggrieved person, 100 pounds to the king, and 100 pounds to the party who sues. If a sheriff take a fee for levying or collecting money due to the king (except 4d. for an acquittance) or take a sum for not levying money due, he is guilty of extortion, injustice, and oppression and shall forfeit treble damages and costs to the aggrieved person, and double the sum extorted to the aggrieved person. A sheriff may not levy more than 12d. for every 20s. of yearly income of any manor for up to 100 pounds of income, and 6d. for value over 100 pounds.

No one may cut pine trees that are fit for masts of ship in New England without license by the Queen or else forfeit 100 pounds. Later, pine trees on private property were exempted.

Citizens of Great Britain may sue colonial debtors by oath before British magistrates and a debtor's colonial lands and houses and negroes may be used to satisfy his debts.

Anyone pretending to act under a charter and taking subscriptions in Great Britain or the colonies must forfeit treble damages.

No hats, including beaver hats, may be exported from any colony even to another colony because this has hurt British hat manufacture. The penalty is 500 pounds. No one in the colonies except present hatmakers who are householders and journeymen may make hats unless they serve a seven year apprenticeship. No hatmaker in the colonies may have more than two apprentices at once.

Whaling ships near Greenland were prohibited from returning until their hulls were full. Vessels built or fitted out in America may engage in whaling.

Pig iron from the colonies may be imported free, but there may be no mill for slitting or rolling iron and no plateing-forge or other engine to work with a tilt hammer and no furnace for making steel erected or used in the colonies or else forfeit 200 pounds.

No paper bills of credit may be used in New England because such have depreciated.

William Blackstone lectured on law at Oxford University in 1753. As a result, the first professorship of English law was established. His lectures were published in 1769 as the "Commentaries on the Laws of England". They greatly influenced the American colonists and were the basis of legal education in England and America for years. They were comprehensive and covered real property, crime and punishment, court procedure, contract, corporations, and commercial law. He wrote "The Great Charter and Charter of the Forest" in 1759.

- Judicial Procedure -

For actions under 10 pounds in a superior court and actions under 40s. in an inferior court, the offender shall be served with process to appear in court rather than being arrested. For money at issue, an affidavit shall be taken. No more money may be taken for bail than the amount at controversy. This is to prevent frivolous and vexatious arrests. Perjurers, forgers, those involved in barratry or suborning perjury, and pretenders practicing as attorneys or solicitors in the courts of law or equity shall be transported for seven years to the American colonies. Unqualified people acting as attorneys or solicitors in the county court shall forfeit 20 pounds.

No one may practice as an attorney in the courts of King's Bench, Common Pleas, or Exchequer until he has been examined by a judge of such court on his fitness and qualifications and has taken the oath to honestly demean himself and practice according to his best knowledge and ability. The same applies to a solicitor in the equity courts. This shall not exclude persons who have been bound to an attorney or solicitor for four years. Attorneys and solicitors, with consent of an attorney of another court, may participate in proceedings of such other court. No attorney may have more than two clerks bound to him at one time. Attorneys may be admitted as solicitors and vice-versa.

There were twelve common law justices of the Court of the King's Bench, Court of Common Pleas, and Court of the Exchequer. The Chief Justices of all of these courts were paid partly from fees paid to the court. The other Justices of these courts were paid completely by salary, which in 1759 was well over 500 pounds per year. These justices were to continue in office even after a king died and could be removed only for good cause upon the address of both houses of Parliament. The officers of these courts were attorneys. There was one justice at Doctors' Commons. The two chancery justices (since Edward I) were the Lord Chancellor and the Master of the Rolls. The salary of the eleven masters of the court of chancery in 1765 was 400 pounds per year. The officers of this court were solicitors.

Appeals from the Exchequer could be made to a court of the King's Bench and Common Pleas combined. Appeals from Common Pleas could be made to the King's Bench. Decisions of the King's Bench and other common law courts could be appealed to Parliament.

The common law courts rode circuit twice a year in five circuits and once a year in the north circuit. So an accused person could spend up to a year in gaol waiting for trial. Few prisoners were granted bail. In each common law court, the law justices in banc would hear demurrers [contentions that the other party was wrong in the law]. No one with an interest in a suit, including the plaintiff and the defendant, could give evidence. There was no power to amend pleadings, so misspelling of the defendant's name, for instance, could result in dismissal of the suit. In 1730, the pleadings and indictments ceased to be in Latin. Compurgation still existed for debt and detinue.

Writs of error at variance from the original record or otherwise defective may be amended to correct the defect by the court where such writ is returnable. No judgment is to be reversed for any defect in any bill or writ, excepting an appeal of felony or murder, or misdemeanor. This is to prevent delays of justice. Justices of the Peace may correct defects of form on appeals to them.

Plaintiffs neglecting to go to trial after an issue has been joined may be nonsuited.

The qualification for jury service is having land with an income over rents of at least 20 pounds, with leases for 500 years or more, or 99 years, or any term determinable on one or more lives. Being a freeholder is not necessary. In London, the qualification is being a householder and having lands to the value of 100 pounds. No sheriff may excuse a qualified person from jury service for money or other reward. Selection of jurors for each case is to be done by some impartial person pulling their names from a box. Later, persons refusing jury service could be fined.