Part 99

The many years of significant achievements of the colonists, such as taming the wilderness and building cities, had given them confidence in their ability to govern themselves. The average colonial family had a better standard of living than the average family in England. Many of its top citizenry had reached their positions by hard work applied to opportunities for upward mobility. With the confidence of success, the American colonies in 1776 declared their independence from Britain, relying on the principles stated by John Locke and Jean Jacques Rousseau that man was naturally free and all men equal, and that society was only created with their consent. Issac's Newtons's unified laws of the universe had contributed to this idea of a natural law of rights of men. Thomas Jefferson wrote a Declaration of Independence which listed the colonies' grievances against the Crown which reiterated many of the provisions of the Petition of Right and Bill of Rights, specifically dispensing with and suspending laws, maintaining a standing army and quartering troops without legislative consent, imposing arbitrary taxation, encouraging illegal prosecutions in strange courts, and corrupting the jury process. It was adopted on July 4, 1776.

- The Law -

Trade and the economy boomed in time of war, buttressed by the increased production in the coal, iron, steel, shipbuilding, and cloth industries. But peace brought depression and much misery, including the imprisonment of many debtors. When very many were imprisoned, statutes allowed release on certain conditions. After assets were paid to creditors in proportion to the amounts owed to them, debtors could be discharged from prison if they owed no party more than 100 pounds (later no restriction and still later, 50 pounds, and even later, 500 pounds, and in 1772, 1000 pounds, and in 1774, 2000 pounds) and take an oath that they have less than 10 pounds (20 in 1772) worth of property (including 40s. in money in 1774), because there were so many debtors in prison who were impoverished by war losses and other misfortunes in trades and professions, and were totally disabled from paying their creditors, and they and their families either starved or became a burden to their parishes and became an occasion of pestilence and other contagious diseases. Exempted were those debtors for whom there was an objection by one of their creditors who paid for the maintenance of that debtor in prison. Prisoners discharged were also discharged from chamber rent and gaolers' fees, but not from their debts to creditors. During war, no male prisoner could be discharged unless he enlisted in the royal army or navy until the end of the war. In 1774, the discoverer of any asset of a debtor not listed by that debtor was to receive a reward of 20 pounds per hundred, and anyone concealing an asset of a debtor was to forfeit 100 pounds as well as double the value of the asset.

A person declared bankrupt shall subsequently be examined from time to time as to their goods, money, or other effects or estate to prevent the frauds frequently committed by bankrupts. A default or willful omission shall be deemed felony without benefit of clergy.

A bankrupt or other person concealing goods to the value of at least 20 pounds or his books with intent to defraud is a felony without benefit of clergy.

A debtor refusing to come to court for examination or hiding assets of more than 20 pounds is guilty of felony and his goods and estate shall be divided among his creditors.

Later, a bankrupt coming to an examination was allowed to keep 5 (or 7 1/2 or 10) pounds per 100, up to a maximum of 200 (or 250 or 300, respectively) pounds if he paid his creditors 10s. (or 12s.6d. or 15s. respectively) per pound. His future estate was still liable to creditors (excepting tools of trade, necessary household goods, bedding, furniture, and wearing apparel of the family up to 10 pounds) if it could pay every creditor 15s. per pound. If he didn't pay this, he could be imprisoned. Bankrupts excepted from the benefits of this act are those who lost 5 pounds in any one day or 100 pounds in the preceding year from gambling or wagers.

No goods or chattels on lands or tenements which are leased for life or lives or term of years or at will or otherwise "shall be liable to be taken by virtue of any Execution on any pretence whatsoever unless the party at whose suit the said Execution is sued out shall before the removal of such goods from off the said premises by virtue of such Execution or Extent pay to the landlord" all money due as rent. If the lessee fraudulently or clandestinely conveys or carries off his goods or chattels with intent to deprive the landlord or lessor from distraining the same for arrears of such rent, the lessor or landlord may, within five days, seize such goods and chattels as a distress for the arrears of rent and may sell them as if actually distrained on the premises.

Every person under 21 and every woman-covert who is entitled by descent or will to be admitted tenants of any copyhold lands or hereditaments may be ordered to appear by a guardian or attorney to be compelled to be so admitted and to pay such fines as are owing by the lands. If one is so admitted, but does not pay, the lord may enter the lands and receive its rents (but not sell timber) until the fine and costs are satisfied, after which the land is to be given back and may not be forfeited to the lord.

Tenants holding over any lands after their term expired and after demand for possession was made shall pay double the yearly value of such to the landlord. The landlord may reenter and eject a tenant if rent is in arrears for 1/2 year.

Landlords may distrain within 30 days and sell goods and chattels fraudulently or clandestinely carried off the premises by renters in arrears of rent. This applies to goods sold to others privy to the fraud. They may use force if necessary to break open houses upon giving a Justice of the Peace reasonable grounds to suspect and to break open other buildings in the presence of a constable. The renter is to forfeit double the value of such. The landlord may distrain the renter's cattle on any common or any growing grain, roots, or fruit. Attornments of renters made to strangers who claim title and turn the landlord out of possession are void.

Chief leases may be renewed without surrendering all the under leases. This is to prevent subtenants from delaying the renewal of the principal lease by refusing to surrender their leases, notwithstanding that they have covenanted to do so. But the rents and duties of the new subleases may not exceed those of their former leases.

Any person claiming a remainder, reversion, or expectancy in any estate upon a person's death, who has cause to believe that that person is dead and that the death is being concealed by the person's guardian, trustee, husband, or other person, may request yearly an order in chancery for the production of such tenant for life. Upon refusal, the tenant for life shall be deemed dead.

As of 1752, all devices, legacies, and bequests made by will in Great Britain or the colonies had to be in writing and witnessed by three witnesses, or would be held void. No witness was to receive anything by the will that he witnessed.

An accessory before or after the fact of felony may be prosecuted and tried not only if the principal accused felon has been convicted, but even if he stood mute or peremptorily challenged over 20 persons to serve on the jury. The accessories shall be punished the same as if the principal had been attainted. Buyers and receivers of stolen goods may be prosecuted and punished if they knew the goods to be stolen, even if the principal felon has not been convicted. The punishment will be as for misdemeanor by fine and imprisonment. This is to deter the counselors and contrivers of theft and other felonies and the receivers of stolen goods from taking advantage of the former rule that an accessory could not be convicted or punished unless the principal had first been attainted. And if any captain or mariner or other officer belonging to any ship willfully casts away, burns, or otherwise destroys that ship to the prejudice of its owners or merchants loading goods onto the ship, he shall suffer death as a felon.

Journeymen shoemakers or employees of such who sell or pawn boots, shoes, slippers, cut leather or other materials for making such goods which are not his proper goods, or exchange for worse good leather which has been entrusted to them, shall for the first offense, recompense the injured person, or if his goods are insufficient for distress, may be whipped. For the second offense, he shall be sent to hard labor in a House of Correction for 14-30 days. A person who buys or receives or takes in pawn such goods shall suffer the same penalties. Justices of the Peace may issue warrants to search houses and buildings in the daytime if there is "just cause to suspect" such goods therein based upon information given to him under oath.

Anyone employed in the working up of woolen, linen, fustian, cotton, or iron manufacture who embezzles or purloins any materials for their work shall forfeit double the value of the damages done and anyone convicted thereof may be put into the House of Correction until he pays, or if he can't pay, to be publicly whipped and kept at hard labor for no more than 14 days. Persons convicted of buying or receiving such materials shall suffer like penalties and forfeitures as one convicted of embezzling or purloining such materials. Laborers employed in such manufacture must be paid in coin and not in cloth, victuals, or commodities in lieu thereof. Leatherworkers were added with a penalty of up to double the value. Later this statute was amended to include a penalty for the second offense of forfeiture of four times the value, or else hard labor at a House of Correction for 1-3 months and whipping once or more in the market town. Like penalties were given for buyers of such material knowing it to be false. One who neglected finishing and delivering such goods because he was leaving this employment was to be sent to the House of Correction for up to one month.

The penalty for possessing or offering to sell any hare, pheasant, partridge, moor or heath game or grouse by any carrier, innkeeper, victualer, or alehouse keeper is 5 pounds, 1/2 to the informer, and 1/2 to the poor of the parish. If unable to pay, the offender shall be placed in the House of Correction for three months without bail. Unauthorized persons keeping or using greyhounds, setting dogs, or any engine to kill game shall suffer the same penalties. In 1770, anyone killing hare at night or using any gun, dog, or other engine to take or kill or destroy any hare, pheasant, partridge, moor game, heath game, or grouse in the night shall be whipped and also go to gaol or the House of Correction for 3-6 months without bail for the first offense, and for 6-12 months without bail for any further offense. If such occurs on a Sunday, the offender must forfeit 20-30 pounds or go to gaol for 3-6 months. In 1773, no one may kill or take or possess any heath fowl or any grouse except at a limited period during the year.

Each manor may have only one gamekeeper allowed to kill game such as hare, pheasant, partridge and only for his household's use. This gamekeeper must be either qualified by law or a servant of the land's lord. Other persons possessing game or keeping a greyhound or setting dogs or guns or other devices to kill game must forfeit them and five pounds.

Anyone killing or attempting to kill by shooting any house dove or pigeon shall forfeit 20s. or do hard labor for one to three months. Excepted are owners of dove cotes or pigeon houses erected for the preservation and breeding of such.

A gamekeeper or other officer of a forest or park who kills a deer without consent of the owner must forfeit 50 pounds per deer, to be taken by distress if necessary, and if he can't pay, he is to be imprisoned for three years without bail and set in the pillory for two hours on some market day. A later penalty was transportation for seven years. Anyone pulling down walls of any forest or park where deer are kept, without the consent of the owner, must forfeit 30 pounds and if he can't pay, he is to be imprisoned for one year without bail and spend one hour in the pillory on market day. Later, the killing of deer in open fields or forests was given the same penalties instead of only the monetary penalty prescribed by former law (former chapter). The penalty for a second offense was given as transportation for seven years. Anyone beating or wounding a gamekeeper with an intent to kill any deer in an open or closed place was to be transported for seven years.

Anyone who apprehends and prosecutes a person guilty of burglary or felonious breaking and entering any house in the day time shall be rewarded 40 pounds in addition to being discharged from parish and ward offices.

Anyone who feloniously steals or aids in the stealing of goods, wares, or merchandise over 5s. from a shop, warehouse, coach house, or stable (by night or by day, whether the owner is present or not, whether there is a break in or not) may not have benefit of clergy.

Anyone stealing goods of 40s. worth from a ship on any river or in any port or creek or from any wharf may not have benefit of clergy.

Anyone receiving or buying goods they know to be stolen or who harbors or conceals any burglars, felons, or thieves knowing them to be such shall be taken as accessory to the felony and shall suffer death as punishment if the principal felon is convicted.

A person taking money or reward for helping any other person to stolen goods or chattels is guilty of felony unless he brings the thief to trial.

As of 1717, any person convicted of grand or petit larceny or any felonious stealing or taking of money, goods, or chattels, either from the person or from the house of any person who is entitled to benefit of clergy and who is liable only to whipping or burning in the hand may instead be transported to the American colonies to the use of any person who will pay for his transportation for seven years. Any person convicted of an offense punishable by death and without benefit of clergy and buyers and receivers of stolen goods may be given mercy by the king on condition of transportation to any part of America to the use of any person who will pay for his transportation, for fourteen years or other term agreed upon. Returning before the expiration of the term is punishable by death.

Anyone assaulting another with an offensive weapon with a design to rob may be transported for seven years.