Our Legal Heritage Part 108

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 s.h.i.+ps, with masters and 3/4 of the mariners Englishmen. No manufacture of Europe may be imported into any colony or territory except s.h.i.+pped from England in English s.h.i.+ps 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 s.h.i.+ps 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.

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 s.h.i.+p 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 s.h.i.+p arrives in port. Any person who informs of any combinations or confederacies planning to run away with or to destroy a s.h.i.+p shall be rewarded by the commander or master of such 10 pounds for a s.h.i.+p 100 tons or under, and 15 pounds for a s.h.i.+p 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 s.h.i.+ps, because they often become pirates, shall forfeit all wages. Masters forcing any man fit to travel to stay on sh.o.r.e 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).

By statutes of 1660 and 1662, when goods have been carried off s.h.i.+ps without customs being paid, the Chief Magistrate of the place where the offense was committed or the adjoining place, or the Lord Treasurer, or a Baron of the Exchequer may, upon oath, issue out a warrant to any person to enter, with the a.s.sistance of a sheriff, constable or other public official, any house, shop, cellar, warehouse, or room in the day time where the contraband goods are "suspected to be concealed", and in case of resistance, to break open doors, chests, trunks, or other packages and to seize such goods, provided that if the information whereupon any house is searched proves to be false, the injured party shall recover his full damages and costs against the informer by action of trespa.s.s. This was extended to the colonies in 1696.

The penalty for cursing or swearing by a servant, day laborer, soldier, or seaman is 1s. For others, it is 2s. The fine is doubled for the second offense, and tripled for the third offense. If an adult offender can't pay, he shall be put in the stocks for one hour. If a child offender can't pay, he shall be whipped by the constable or by a parent in the presence of the constable.

The equity courts are now conceding limited proprietary rights to married women by enforcing premarital settlements or trust arrangements that designate certain property as a wife's separate estate and exempt it from control by the husband. Such protective devices generally reflected a father's desire to s.h.i.+eld his daughter from poverty and benefited only the landed aristocracy in practice. Also, husbands are not allowed to punish and beat their wives as before. But the lower rank of men were slow to give this up. A wife could have the security of the peace against her husband. He could restrain her liberty only for gross misbehavior.

In 1685, the courts ruled that apprentices.h.i.+ps were necessary only for servants hired by the year, thus exempting most wage laborers.

There were many variations in religious practices for statutes to address. The Quakers and Baptists were opposed to any state church. The Independents and Presbyterians accepted the idea of a state church. The members of the established church and Roman Catholics adhered to their version the state church as they had experienced it in the past. Atheism had a bad reputation. In 1662, the Jews established the first synagogue in London. The Privy Council recognized their religious status as long as they were peaceful and obeyed the laws. They engaged in p.a.w.n-broking as well as money-lending.

There were various statutes enacted over the course of time regarding religion, as follows:

All ministers, school teachers, mayors and other town officials, including magistrates, were required to take the oaths of allegiance and supremacy [of the King over the church] or be removed from office.

A great number of people refused to come to their parish church or other public place where common prayer and sacraments were administered and the word of G.o.d was preached according to the established church.

The morning and afternoon Sunday services with sermons, sometimes by guest preachers, continued. So factions and schisms developed. In response, the king changed the Book of Common Prayer and its prayers were required by statute in 1662 to be read by some priest or deacon in all the churches and places of public wors.h.i.+p wherever and whenever there was any preaching or lecturing. Attendance at one's local parish church was never again required.

Attendance at the established Church of England was never again required. Nor was preaching or lecturing constrained. Instead, a statute was pa.s.sed in 1677 that: Every person shall be pious and exercise religion publicly and privately on Sunday. No work may be done or goods sold or else forfeit 5s. or the goods respectively. No one may travel or else forfeit 5-20s. In a further statute of 1688, because some ease to scrupulous consciences in the exercise of religion may be an effectual means to unite Protestant subjects in interest and affection, Protestant nonconformists who took the oaths, or declaration in the case of Quakers, and a declaration that they were not Catholic, did not adore the Virgin Mary or any saint, and did not go to ma.s.s were declared not liable for punishment in any ecclesiastical court by reason of their nonconformity to the Church of England, except Protestant dissenters meeting behind locked doors. But payment of t.i.thes and performance of parish duties were still obligatory. Non-conformist preachers had to subscribe to the tenets of belief listed in the first eighteen Articles of Religion, but were exempted from the articles on expounding inconsistencies in scripture, the traditions of the church, homilies, and consecration of bishops and ministers of the Elizabethan statute and the statute on uniformity of prayers and sacraments of Charles II.

As of 1665, no nonconformist minister, i.e. one who endeavored any alteration of government either in church or state, was allowed to live or visit within five miles of any corporate town or any place where he had acted as minister or else forfeit 40 pounds. Persons not frequenting the established church were not allowed to teach in any public or private school or else forfeit 40 pounds.

By statute of 1670, anyone at least sixteen years old who is present at any a.s.sembly, conventile [private meeting of religious dissidents to pray and expound scripture], or meeting under pretence of any exercise of religion in other manner than according to the established Church of England at which there are at least five persons present shall be fined 5s. for the first offense and 10s. for the second offense. This does not include members of the same household meeting in their home. Anyone who preaches or teaches at such a meeting shall pay 20 pounds for the first offense, and 40 pounds for further offenses. The householder who permits such a meeting shall pay 20 pounds. A justice or Justice of the Peace or chief magistrate may break open doors and enter by force any house or other place where they have been informed of any such meeting and take persons there into custody for prosecution. This is to discourage the growing of dangerous seditious persons under pretence of tender consciences.

Religious nonconformity continued especially among the humble people.

The penal statutes caused hundreds of these nonconformists to be put in gaol. From time to time, the king would release them and suspend these laws. Sometimes, Charles II allowed dissenters to meet in private for wors.h.i.+p if they got a license from him. Religious gatherings grew in numbers, size, and geographical extent. Dissenters were then allowed by statute to meet behind locked or barred doors. But they had to pay t.i.thes and could be prosecuted in the ecclesiastical courts for not doing so. By statute, all congregations and a.s.semblies for religious wors.h.i.+p had to register with the local bishop or archbishop. Disturbers of religious wors.h.i.+p were required to find two sureties for the amount of 50 pounds.

Quakers were active in the countryside. They were about one tenth of the population and did not believe in a state church. There were some Quakers schools and some Quaker workhouses to give work to the poor. For the reason that they met together in large numbers to the great endangering of public peace and safety and to the terror of the people, and because they had secret communications and separated themselves from the rest of the people and from the usual places of wors.h.i.+p, a statute was pa.s.sed in 1662, that any Quakers who a.s.sembled to the number of five or more under the pretense of unauthorized religious wors.h.i.+p and any person maintaining that taking an oath before a magistrate was unlawful and contrary to the word of G.o.d or refusing to take a required oath was to forfeit 5 pounds for the first offense or be imprisoned for 3 months if he couldn't pay. For the second offense, the penalty was 10 pounds or imprisonment for 6 months with hard labor. The third offense required abjuring the realm or being transported to a plantation of the king beyond the seas. The policy of Charles II was to allow Quakers to meet undisturbed, to keep their hats on before magistrates, and to not come to the parish church. But this policy was only partially adopted in the country. From 1689, by statute, the Quakers were allowed to affirm or declare instead of making the customary oath.

Many Presbyterians became Unitarians, who rejected the trinity of "Father, Son, and Holy Ghost" and doubted the divinity of Jesus, but accepted revelation. This statute was then pa.s.sed in 1697: Any person having been educated in or having at any time made profession of the Christian religion who, by writing, printing, teaching, or advised speaking, denies the Holy trinity, a.s.serts that there is more than one G.o.d, or that the Bible is not of divine authority, shall be disabled for any ecclesiastical, civil, or military office. The penalty for a second offense is being disabled from suing or pleading any action in any court, being guardian of any child, or executor or administrator of any estate, or receiving any legacy or deed of gift and imprisonment for three years without bail or mainprize.

Catholicism was always disfavored. Catholic priests were executed with little evidence. At times, Charles commuted the death penalty for them to banishment. Sometimes there were effigies of the pope burned in the streets. Such burnings were later banned. At times Charles allowed Catholics to attend ma.s.s.

By statute of 1672, all civil and military officers and king's officials must take the oaths of supremacy and allegiance and take the sacrament of the established Church of England or be incapable of office. They also had to make a declaration that they believed that there is not any transubstantiation in the sacrament of the Lord's Supper, or in the elements of bread and wine, when they were consecrated. This is to prevent dangers from Papists. As of 1678, no one may be a member of Parliament if he has refused to take the oaths of allegiance and supremacy and the declaration that they were not Catholic, did not adore the Virgin Mary or any saint, and did not go to ma.s.s.

Papists were made to pay higher taxes. Every temporal and spiritual person, corporation, and guild had to pay taxes to subsidize the king in the amount of 2s.8d. for every pound's worth of personal property and money. But Papists had to pay 5s.4d. for such. Persons and corporations having land worth at least 20s. yearly, had to pay 4s. for every pounds'

worth. But Papists and aliens had to pay 8s. for such.