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 else forfeit three times the value.
All books of the law, writs, pleadings, and patents shall be in English or else forfeit 20 pounds.
No deer may be killed or else 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 else 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 else 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 -
The Protector is the supreme magistrate of the Commonwealth, with power to pardon all crimes, except murder and treason.
Parliament was no longer a court.
Use of the torture was proscribed in 1649.
In 1652, the justices were given a salary of 1,000 pounds and forbidden to take fees or rewards. They also got tenure, thus freeing them from government pressure. Now civil justice was honestly dispensed and justices were learned and honest.
The jurisdiction of Admiralty court was defined to include: ships and vessels with tackle, apparel and furniture thereof; repairing, victualing, and furnishing provisions of ships and vessels for sea; all cases of bottomry [ship-owner indemnified if the vessel were lost, but paid over a substantial share of the profits if it reached its destination safely], contracts beyond the seas concerning shipping or navigation; charter, parties, contracts for freight; bills of lading; mariners wages; damage of goods on board ships; and damage by one ship to another including by anchors or want of laying buoys. It did not include contracts between merchants.
- - - Chapter 17 - - -
- Times: 1660-1702 -
The monarchy was restored and Charles II came to the throne. The episcopacy of the bishops and the Book of Common Prayer were restored. This book retained all its ceremonies, despite opposition by the Presbyterians. The confiscated Royalist, church, and Crown lands were ordered to be restored, and most were. Charles II was presented with the traditional rights of choosing his own Privy Council, ministers of state, and justices; making foreign policy; controlling the armed forces; and approving statutes. He was also presented with the power to call and dismiss Parliament, but later, in 1694, a statute required that Parliament be held at least once every three years, to avoid royal schemes of non-parliamentary government. The House of Lords was reestablished and there were again bishops in it, though fewer than before (about 1/8 instead of about 1/3). There were 160 peers for the next century. The House of Commons was elected in the usual way, but without a king's writ. The Commons was composed mostly of royalist established church members. Its leaders were important members of the King's Privy Council.
Our Legal Heritage, King Aethelbert, 596 to King George Iii, 1775 · The Wunder Library — complete classics, free to read, with narration.