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Part 88

Our Legal Heritage, King Aethelbert, 596 to King George Iii, 1775 · S. A. Reilly — chapter 88 of 104 · ~1,614 words · public domain

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No one may take more than 6 pounds in interest for a 100 pound loan.

Persons seeking election to Parliament may not give or promise money, meat, drink, entertainment, present or gift to any elector.

Because the gaols were full of people in debt due to the late unhappy times such as the London fire, all prisoners for debt were to be released upon taking an oath that they had no property over ten pounds nor had disposed or conveyed property to defraud creditors. Creditors not wanting them released had to contribute to their maintenance in gaol.

The making or selling of fireworks is forbidden or else forfeit 5 pounds. Firing or throwing such from one's house onto or across the street is a common nuisance with a penalty of 20s. This is to avoid the loss of life and of eyes.

Treason to the king is to compass, imagine, or intend death or any bodily harm tending to death, or maiming or wounding, or imprisonment, or restraint as well as trying to depose him or levy war against him. Also included is printing, writing, preaching, or malicious speaking. Traitors shall suffer death and forfeiture as in high treason.

Any malicious and willful burning or destroying of stacks of hay, grain, or barns, or killing any horses, sheep, or cattle at nighttime shall be felony and punished by transportation to the American colonies for seven years.

Any person apprehending a thief or robber on the highway will be rewarded 40 pounds from the local sheriff, to discourage the many robberies and murders which have made travel dangerous. Also, executors of persons murdered while trying to apprehend a robber shall have the reward.

No more than 20 people may petition the king nor more than 10 people may assemble to present a petition to the king, because more has been tumultuous and disorderly.

Anyone may without fee set up a hemp business including breaking, hatchelling [separating the coarse part and broken pieces of the stalk from the fine, fibrous parts by drawing the material through long iron teeth set in a board], and dressing it; or a flax business, including making and whitening thread, spinning, weaving, making, whitening, or bleaching hemp or flax cloth; making twine or nets for fishing or treating cordage for tapestry or hangings because the daily importation of such has in effect taken the work from the poor and unemployed of England.

Retailers of wine may not add to imported wines cider, honey, sugar, molasses, lime, raisin juice, or herbs.

Butter sold must be of one sort and not contain bad butter mixed in with good butter. Butter pots must bear the name or mark of their potter.

Salt may be sold only by weight, to avoid deceit by retailers and wrong to buyers.

No sheep, wool, woolfells, shearlings, yarn, fuller's earth, or fulling clay may be exported as has secretly been done, so that the poor of the realm may have work.

Fishermen may sell their fish to others than Fishmongers at Billingsgate fish market because the Fishmongers have forestalled the market and set their own prices. The buyers of such fish may resell them in any other London market by retail, except than only Fishmongers may sell in shops or houses.

No tanned or untanned skin or hide of any ox, steer, bull, cow, or calf may be exported because the price of leather has risen excessively and leather workers can't get enough raw material to carry on their trade and because poor people cannot afford leather items they need.

The newly incorporated Company of Silk Throwers (drew the silk off the cocoon) employs many of the poor, but others practice the trade, so an apprenticeship of seven years is required to practice the trade in the realm. Winders or doublers who purloin or embezzle and sell silk from the thrower who employs him and the buyer of such silk shall make such recompense as ordered by a Justice of the Peace or be whipped or set in the stocks for the first offense.

The regulation of the Silk Throwers company restricting the number of spindles to be worked at one time is voided because it has taken livelihoods away and caused foreign thrown silk to be imported.

Buttons on garments must be made of silk, mohair, gimp, and thread and by needle to keep employed the many throwers, twisters, spinners, winders, and dyers preparing the materials for these buttons. No button may be made of cloth or wood.

No tobacco maybe grown in England because the colonies would be discouraged from growing it and the king would not receive customs from it.

No goods are to be imported to or exported from America, Asia, or Africa except in English ships, with masters and 3/4 of the mariners Englishmen. No manufacture of Europe may be imported into any colony or territory except shipped from England in English ships manned by Englishmen. As of 1672, if bond is not given for colonial exports of sugar, ginger, tobacco, cotton, indigo, cacao nuts, or fustic [tree that yields a yellow dye] and other dye- woods going to England, a duty must be paid. As of 1696, no colonial goods are to be imported or exported or carried from one colony to another, except in ships owned and built in England, Ireland, or the colonies with the masters and three fourths of the mariners from such places. These navigation acts were strictly enforced.

Only persons with lands and tenements or estate worth over 100 pounds per year or having a lease of at least 99 years worth 150 pounds per year and owners and keepers of forests or parks may have any guns, bows, greyhounds, hunting dogs such as setting dogs, snares, or other hunting equipment. These persons may kill hare, pheasants, partridges, and other game. Gamekeepers authorized by Justices of the Peace may search houses and outhouses and seize unlawful hunting equipment. If hunting equipment or game is found in a house without good account to the Justices of the Peace, they shall impose a fine of 5s. to 20s., one-half going to the informer and one-half going to the poor of the parish.

Anyone killing, hurting, or taking away deer from any forest or park or other ground without consent of the owner or custodian shall pay a 20 pound fine. This was later increased to 20 pounds for hunting deer and 30 pounds for wounding or killing deer, with the pillory for one hour on market day and gaol for a year without bail for those who couldn't pay.

Any person privately and feloniously stealing any goods, including horses, by day or night, in any shop, warehouse, coach stable, or stable, whether there is a break-in or not, and whether or not the owner is present, or anyone assisting or hiring such person may not have benefit of clergy. Any person who apprehends and prosecutes such person is excused from having to serve in parish and ward offices. An offender being out of prison who informs against two other offenders who are convicted is to be pardoned. Any person convicted of theft or larceny and having benefit of clergy is to be burnt in the cheek nearest the nose instead of on the hand.

Army officers or soldiers who desert or mutiny shall suffer death or such other punishment as decided by a court martial of senior officers rather than the usual form of law, which is too slow.

Seamen not showing up on board after notice shall serve six months without pay, but shall not suffer as deserters. Seamen do not have to perform service in the Army.

Pirates may be punished by death and loss of all lands and chattels. Any person aiding, advising, or concealing pirates may be likewise punished. Officers and seamen killed or wounded in the defense of a ship or who seize or destroy pirates may be paid by the owners an amount up to 2 pounds per 100 pounds of freight as determined by a group of disinterested merchants and the judge. The amount due to a man killed will be paid to his widow and children. This is to be done when the ship arrives in port. Any person who informs of any combinations or confederacies planning to run away with or to destroy a ship shall be rewarded by the commander or master of such 10 pounds for a ship 100 tons or under, and 15 pounds for a ship over 100 tons. The trial may be in England or the American colonies, whose authorities may issue warrants for arrest of alleged pirates. Deserters from ships, because they often become pirates, shall forfeit all wages. Masters forcing any man fit to travel to stay on shore or willfully leaves him behind shall suffer three months in prison without bail.

Persons may mine for ores on their own land, but must turn it over to the king who will give compensation for it, including gold, silver, copper (16 pounds per tun), lead (9 pounds per tun), tin (40s. per tun), and iron (40s. per tun).

The fine for having, buying, or selling clipped coins is 500 pounds, one-half going to the informer, and one-half going to the king. The offender shall also be branded in the right cheek with the letter "R". He shall be imprisoned until he pays the 500 pounds. No hammered coins are lawful. Anyone except a smith in the king's mint making tools or presses or other machines that can make counterfeit coins or having such which were stolen from the mint shall be guilty of high treason.

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