Part 98

Proclamations by the Crown were more restricted to colonial and foreign affairs, to executive orders, and to instructions to officials. The high offices included the Chancellor, Keeper, President of the Council, Privy Seal, Treasurer, and two Secretaries of State, who were in charge of all foreign and domestic matters other than taxation, one for the north and one for the south. (Wolsey had been the last chancellor to rule England; thereafter the Chancellor had become more of a judge and less of a statesman.) Other offices were: Paymaster General, Secretary of War, and Treasurer of the Navy. Starting with the monarch, government positions were given by patronage to friends and relatives, or if none, to the highest bidder. These offices were usually milked for fees and employed deputies, clerks, and scribes who worked for long hours at very modest wages. Most people believed that the offices of power and influence in the realm belonged to the nobility and gentry as indubitably as the throne belonged to the king. Assaulting, wounding, striking, or trying to kill a member of the Privy Council engaged in his duties was punishable by death without benefit of clergy. Civil and military commissions, patents, grants of any office or employment, including Justice of Assize, Justice of the Peace, court writs, court proceedings continued in force for six months after a king's death, unless superceded in the meantime.

The king's ministers were those members of his Privy Council who carried out the work of government. By distributing patronage, the ministers acquired the influence to become leading members of the House of Commons or the House of Lords. They made policy, secured the king's consent, and then put through the necessary legislation. The king was to act only through his ministers and all public business was to be formally done in Privy Council with all its decisions signed by its members. The king gradually lost power. The last royal veto of a Parliamentary bill was in 1708. By 1714, the Privy Council ceased making decisions of policy. Instead a cabinet not identified with any particular party was chosen by the Queen, who presided over their meetings, which were held every Sunday. It dealt with Parliament. In 1720, the number of peers in the House of Lords was fixed, so that the Crown could create no more. About 1720, Robert Walpole, son of a country squire, who came to be first minister of the Crown and the leader of the Whigs, organized the cabinet so that it was of one view. He led it for twenty years and thus became the first prime minister. He was brilliant at finance and lessened taxation. He restored trust in the government after the South Sea bubble scandal. He was successful in preserving the peace with other nations and providing stability in England that led to prosperity. The Whigs opposed a standing army and over-reaching influence of the Crown. They espoused the liberty of individual subjects. Their slogan was "liberty and property". They generally favored foreign wars.

Members of the Parliament felt responsible for the good of the whole country instead of accounting to their electors, but self- interest also played a part. Leading commercial magnates of the realm sought to be members of Parliament or governors of the Bank of England so they could take up government loans at advantageous rates, snap up contracts to supply government departments at exorbitant prices, and play an important part in deciding what duties should be charged on what goods. About 5% of the population could vote. Voting was open, rather than by secret ballot. Seats in Parliament could normally be bought either by coming to an arrangement with some landowner who had the right to nominate to a closed seat or by buying enough votes in constituencies where the electorate was larger and the contest more open. Factory owners and leading landowners sat together on committees drawing up plans for public works such as canal building, obtained the necessary permits from public authorities and organized the whole enterprise. In 1714, Parliament was allowed to last for seven years unless sooner dissolved by the king because of the expense and tumult of elections, which frequently occasioned riots, and sometimes battles in which men were killed and prisoners taken on both sides. Politics had become a career. Members of Parliament could not be arrested while Parliament was in session.

As of 1710, electees to the Commons had to have 600 pounds annual income for knights or 300 pounds annually for burgesses. This did not include the eldest son or heir apparent of any peer or lord of Parliament or any person with the above qualifications. The universities were exempted.

As of 1729, a person electing a member of the Commons had to swear or affirm that he had not received any money, office, employment, or reward or promise of such for his vote. If he swore falsely, it was perjury and he was to forfeit 500 pounds and his right to vote. Later, voters for member of Parliament had to have residence for a year. Still later, voters were required to have been freemen of the city or town for one year or else forfeit 100 pounds, except if entitled to freedom by birth, marriage, or servitude according to the custom of such city or town. Voters were still required to have a freehold of land of 40s. a year income, but holders of estates by copy of court roll were specifically precluded from voting or else forfeit 50 pounds.

In 1724, since unauthorized persons have intruded into assemblies of citizens of London and presumed to vote therein, the presiding officer shall appoint clerks to take the poll and oath required for elections for Parliament, mayor, sheriffs, chamberlains, bridgemasters, and auditors of chamberlains. The oath is that one is a freeman of London, a liveryman of a certain named company, has been so for 12 months, and names his place of abode. The oath for alderman or common council elections is that the voter is a freeman of London and a householder in a named ward paying scot of at least a total of 30s. and bearing lot. A list of the voters and of persons disallowed is to be given to candidates by the presiding officer.

Soldiers may not be quartered within 20 miles of a place of election so that the election is kept free.

Voters in public corporations must have held their stock for six months before voting them to discourage splitting stock and making temporary conveyances thereof to give certain people more of a vote, e.g. in declaring dividends and choosing directors.

Ambassadors were made immune from arrest, prosecution and imprisonment to preserve their rights and privileges and protection by the Queen and the law of nations.

The Supporters of the Bill of Rights Society was founded and paid agents to give speeches throughout the country and used the press for its goals.

James Burgh demanded universal suffrage in his 1773 book: "Political Disquisitions".

In 1707 there was union with Scotland, in which their Parliaments were combined into one. The country was known as Great Britain. The last Scottish rebellion resulted in attainder of its leaders for levying war against the king. In 1746, they were given the chance to surrender by a certain date, and receive a pardon on condition of transportation. In 1747, anyone impeached by the Commons of high treason whereby there may be corruption of the blood or for misprison of such treason may make his defense by up to two counsel learned in the law, who shall be assigned for that purpose on the application of the person impeached. In 1748, counsel may interrogate witnesses in such cases where testimony of witnesses are not reduced to writing.

There was a steady flow of emigrants to the American colonies, including transported convicts and indentured servants. Delaware became a colony in 1703. In 1729, the king bought Carolina from its seven proprietors for 2,500 pounds apiece. Person having estates, rights, titles, or interest there, except officers, were allowed by Parliament to sue the king with the court establishing the value to be paid, but no more than at a rate of 2,500 pounds per 1/8 of the property. Georgia was chartered in 1733 on request of James Oglethorpe, who became its first governor, as a refuge for debtors and the poor and needy. It established the Episcopal Church by law. In 1730 Carolina and 1735 Georgia were allowed to sell rice directly to certain lands instead of to England only. Later, sugar was allowed to be carried directly from America to European ports in English ships without first touching some English port. Foreigners who had lived in the American colonies for seven years, and later foreigners who served two years in the royal army in America as soldiers or as engineers, were allowed to become citizens of Great Britain on taking oaths of loyalty and Protestantism. This included Quakers and Jews. The Jews could omit the phrase "upon the true faith of a Christian."

In 1756, indentured servants in America were allowed to volunteer as soldiers in the British army serving in America. If his proprietor objected, the servant was to be restored to him or reasonable compensation given in proportion to the original purchase price of his service and the time of his service remaining.

There was much competition among countries for colonies. Quebec and then Montreal in 1760 in Canada were captured from the French. About 1768 James Cook discovered New Zealand and Australia; his maps greatly helped future voyages. The English East India Company took over India as its Mogul Empire broke up.

Manufacturing in the American colonies that would compete with British industry was suppressed by Great Britain. There were increasing duties on goods imported into the colonies and restrictions on exports. In 1763, Parliament imposed duties on foreign imports going to America via Britain: to wit, sugar, indigo, coffee, certain wines, wrought silks, calicoes, and cambrick linen. Foreign vessels at anchor or hovering on colonial coasts and not departing within 48 hours were made liable to be forfeited with their goods. Uncustomed goods into or prohibited goods into or out of the colonies seized by customs officials on the ship or on land and any boats and cattle used to transport them occasioned a forfeiture of treble value, of which 1/3 went to the king, 1/3 went to the colonial governor, and 1/3 went to the suer. Any officer making a collusive seizure or other fraud was to forfeit 500 pounds and his office. In 1765, there was imposed a duty on papers in the colonies to defray expenses of their defense by the British military. The duty on every skin, piece of vellum [calf skin] or parchment, and sheet of paper used in any law court was 3d.- 2 pounds. There were also duties on counselor or solicitor appointments of 10 pounds per sheet. Duties extended to licenses for retailing spirituous liquors and wines, bonds for payment of money, warrants for surveying or setting out of any lands, grants and deeds of land, appointments to certain civil public offices, indentures, leases, conveyances, bills of sale, grants and certificates under public seal, insurance policies, mortgages, passports, pamphlets, newspapers (about 1s. per sheet), advertisements in papers (2s. each), cards, and dice. The papers taxed were to carry a stamp showing that the duties on them had been paid. Parliament thought the tax to be fair because it fell on the colonies in proportion to their wealth. But the colonists saw this tax as improper because it was a departure from the nature of past duties in that it was an "internal tax". All of the original thirteen American colonies had adopted Magna Carta principles directly or indirectly into their law. The stamp duties seemed to the colonists to violate these principles of liberty. Patrick Henry asserted that only Virginia could impose taxes in Virginia. Schoolmaster and lawyer John Adams in Massachusetts asserted that no freeman should be subject to any tax to which he had not assented. In theory, colonists had the same rights as Englishmen per their charters, but in fact, they were not represented in Parliament and Englishmen in Parliament made the laws which affected the colonists. They could not be members of the House of Lords because they did not have property in England. There were demonstrations and intimidation of stamp agents by the Sons of Liberty. Merchants agreed to buy no more goods from England. The stamp duty was repealed the same year it had been enacted because it had been "attended with many inconveniences and may be productive of consequences greatly detrimental to the commercial interests of these kingdoms".

To counter the wide-scale running of goods to avoid the customs tax, the customs office was reorganized in 1766 to have commissions resident in the colonies and courts of admiralty established there to expedite cases of smuggling. This angered the colonists, especially Boston. Boston smuggling had become a common and respectable business. It was the port of entry for molasses from the West Indies from which New England rum was made and exported. The entire molasses trade that was essential to the New England economy had been built upon massive customs evasions; royal customs officials had participated in this by taking only token customs for the sake of appearance in London and thereby had become rich.

In 1766 Parliament imposed a duty of 3d. per pound weight on tea and duties on reams of paper, glass, and lead into the colonies. These import duties were presented as external rather than internal taxes to counter the rationale the colonies gave against the stamp tax. But these items were of common use and their duties raised the cost of living. The king's customs officials were authorized to enter any house, warehouse, shop, or cellar to search for and seize prohibited or uncustomed goods by a general writ of assistance.

These writs of assistance had been authorized before and had angered Bostonians because they had been issued without probable cause. In Paxton's case of 1761, the Massachusetts Superior Court had declared legal the issuance of general writs of assistance to customs officers to search any house for specific goods for which customs had not been paid. The authority for this was based on the Parliamentary statutes of 1660 and 1662 authorizing warrants to be given to any person to enter, with the assistance of a public official any house where contraband goods were suspected to be concealed, to search for and seize those goods, using force if necessary. They were called "writs of assistance" because the bearer could command the assistance of a local public official in making entry and seizure. A "general" writ of assistance differed from a "special" writ of assistance in that the latter was issued on a one-time basis. The general writ of assistance in Boston was good for six months after the death of the issuing sovereign. Authority relied on for such writs was a 1696 statute giving customs officers in the colonies the same powers as those in England, a 1699 act by the Massachusetts Provincial Legislature giving the Superior Court of Massachusetts the same such power as that of the Exchequer, and the Massachusetts' Governor's direction about 1757 to the Massachusetts Superior Court of Judicature to perform the function of issuing such warrants. The Massachusetts court issued them in the nature of the writs of assistance issued from the Exchequer court in England, but had issued them routinely instead of requiring the showing of probable cause based on sworn information that the Exchequer court required. Few judges in the other American colonies granted the writ.

Seditious libel trials in England and the colonies were followed closely and their defendants broadly supported. John Wilkes, a member of the House of Commons, published a criticism of a new minister in 1763. He called King George's speech on a treaty "the most abandoned instance of ministerial effrontery ever attempted to be imposed on mankind". After being found guilty of seditious libel, he again ran for the House of Commons, and was repeatedly elected and expelled. He was subsequently elected alderman, sheriff, and mayor of London. In 1770, Alexander MacDougall was voted guilty of seditious libel by the New York Colonial Assembly for authoring a handbill which denounced a collusive agreement by which the assembly voted to furnish supplies for the British troops in New York in exchange for the royal governor's signature to a paper-money bill. When he was arrested, the Sons of Liberty rallied to his support, demanding freedom of the press. Benjamin Franklin's brother had been imprisoned for a month by the Massachusetts assembly for printing in his newspaper criticisms of the assembly. He was forbidden to print the paper. Benjamin supported him by publishing extracts from other papers, such as "Without freedom of thought, there can be no such thing as wisdom; and no such thing as public liberty without freedom of speech... Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech; a thing terrible to public traitors."

By statute of 1766, the New York house of representatives was prohibited from meeting or voting until they provisioned the King's troops as required by law.

In 1769, Harvard College seated its students in class in alphabetical order instead of by social rank according to birth.

By 1769, the colonies' boycott of British goods in protest of the new duties cause these imports to decline so much that British merchants protested. So the duties were dropped, except for that on tea, which was retained as a matter of principle to assert the power of the crown to tax the colonies. Then in 1773 the East India Company was allowed to sell tea directly to the colonies to help it avoid bankruptcy. The effect of this was to lower the cost of tea in the colonies by avoiding the English middleman, and the American middleman, but also to give the East India Company a monopoly. The colonies felt threatened by this power of Britain to give monopolies to traders. When the tea ships arrived in Boston in late 1773, Bostonians held a town meeting and decided not to let the tea be landed. They threw this cargo of tea, worth about 18,000 pounds, overboard. This Boston Tea Party was a direct challenge to British authority. In response, Parliament closed the port of Boston until compensation was made to the East India Company. By statute of 1774, no one was to enter or exit the port of Boston or else forfeit goods, arms, stores, and boats that carried goods to ships. Every involved wharf keeper was to forfeit treble the value of the goods and any boats, horses, cattle, or carriages used. Ships hovering nearby were to depart within six hours of an order by a navy ship or customs officer or be forfeited with all goods aboard, except for ships carrying fuel or victuals brought coastwise for necessary use and sustenance of inhabitants after search by customs officers, and with a customs official and armed men for his defense on board. This statute was passed because of dangerous commotions and insurrections in Boston to the subversion of the king's government and destruction of the public peace in which valuable cargoes of tea were destroyed. Later, the Governor was given the right to send colonists or magistrates charged with murder or other capital offenses, such as might be alleged to occur in the suppression of riots or enforcement of the revenue laws, to England or another colony for trial when he opined that an impartial trial could not be had in Massachusetts Bay. A later statute that year altered the charter of Massachusetts Bay province so that the choice of its council was transferred from the people to the King to serve at his pleasure, and the appointment and removal of judges and appointment of sheriffs was transferred to the Governor to be made without the consent of the council. This was due to the open resistance to the execution of the laws in Boston. Further, no meeting of freeholders or inhabitants of townships was to be held without consent of the Governor after expressing the special business of such meeting because there had been too many meetings that had passed dangerous and unwarranted resolutions. Also, jurors were to be selected by sheriffs rather than elected by freeholders and inhabitants.

The commander of the British troops in North America was made Governor. King George thought that the colonists must be reduced to absolute obedience, even if ruthless force was necessary. The people of Massachusetts were incensed. They were all familiar with the rights of Magna Carta since mandatory education taught them all to read and write. (Every township of fifty households had to appoint one to teach all children to read and write. Every one hundred families had to set up a grammar school.) The example in Massachusetts showed other colonies what England was prepared to do to them. Also disliked was the policy of restricting settlement west of the Allegheny mountains; the take over of Indian affairs by royal appointees; the maintenance of a standing army of about 6,000 men which was to be quartered, supplied, and transported by the colonists; and expanded restrictions on colonial paper currencies.

The Virginia House of Burgesses set aside the effective date of the port bill as a day of prayer and fasting, and for this was dissolved by its governor. Whereupon its members called a convention of delegates from the colonies to consider the "united interests of America". This congress met and decided to actively resist British policy. As opposition to British rule spread in the colonies, a statute was passed stating that because of the combinations and disorders in Massachusetts, New Hampshire, and Connecticut, and Rhode Island to the destruction of commerce and violation of laws, these inhabitants should not enjoy the same privileges and benefits of trade as obedient subjects and that therefore no goods or wares were to be brought from there to any other colony, and exports to and imports from Great Britain were restricted, on pain of forfeiting the goods and the ship on which they were laden. There vessels were restricted from fishing off Newfoundland. These conditions were to be in force until the Governors were convinced that peace and obedience to laws was restored. Later in 1775, these trade restrictions were extended to New Jersey, Pennsylvania, Maryland, Virginia, and South Carolina. In 1776, since all the thirteen colonies had assembled an armed force and attacked British forces, these trade restrictions were extended to Delaware, New York, Georgia, and North Carolina and expanded to prohibit all trade during the present rebellion to prevent assistance to them. War had started; the new rifle was used instead of the musket.

By statute of 1775, anyone harboring of army or marine deserters in the colonies must forfeit 5 pounds, and persuading a soldier or marine to desert drew a forfeiture of 40 pounds or else up to six months in prison without bail and one hour in the pillory on market day.

Bounties were made available to vessels from and fitted out in Great Britain for Newfoundland fishing.

Any shipmaster carrying as passengers any fisherman, sailor, or artificer to America shall forfeit 200 pounds because such men have been seduced from British fishing vessels in Newfoundland, to the detriment of the fishing industry.