Our Legal Heritage Part 81

- The Law -

The following statute of artificers regulated labor for the next two centuries: No master or mistress may employ a servant for a term less than one year in the crafts of clothiers, woolen cloth weavers, tuckers, fullers, clothworkers, shearmen, dyers, hosiers, tailors, shoemakers, glovemakers, tanners, pewterers, bakers, brewers, cutlers, smith, farriers, curriers, saddlers, spurriers, turners, cappers, hatmakers, feltmakers, bow-makers, arrow-makers, arrowhead-makers, butchers, cooks, or millers. Also, every craftsman unmarried or under age 30 who is not working must accept employment by any person needing the craft work.

Also, any common person between 12 and 60 who is not working must accept employment in agriculture. And, unmarried women between 12 and 40 may be required by town officials to work by the year, the week, or day for wages they determine.

All artificers and laborers hired by the day or week shall work from 5 am to 7 PM. All artificers must labor at agriculture at haytime and harvest to avoid the loss of grain or hay. Every householder who raises crops may receive as an apprentice a child between 10 and 18 to serve in agriculture until he is age 21. A householder in a town may receive a child as an apprentice for 7 years, but merchants may only take as apprentices children of parents with 40s. freehold.

No one may be a craftsman until he has served seven years as an apprentice. These artificers may have children as apprentices: smith, wheelmaker, ploughmaker, millmaker, miller, carpenter, rough mason, plasterer, a timber sawer, an ore burner, a lime burner, brickmaker, bricklayer, tilemaker, tiler, layer of slate roofs, layer of wood s.h.i.+ngle roofs, layer of straw roofs, cooper, earthen potter, linen weaver, housewife who weaves wool for sale or for household use.

Purposes of the statute of artificiers were to advance agriculture, diminish idleness, and inhibit migration to the towns. It excluded three fourths of the rural population.)

Troops of vagabonds with weapons in the highways who pretend to be soldiers or mariners have committed robberies and murders. So all vagabonds shall settle down in some service or labor or trade.

A vagabond or mighty strong beggar [able to work] shall be whipped.

Incorrigible and dangerous rogues shall be branded with an "R" mark on the left shoulder and be put to labor, because banishment did not work as they came back undetected. If one is caught again begging, he shall be deemed a felon.

If a person marries a second time while the first spouse is still living, it shall be a felony and thus punishable by death.

No attainder shall result in the forfeiture of dower by the offender's wife nor disinheritance of his heirs.

No one shall forge a deed of land, charter, sealed writing, court roll or will.

No one shall libel or slander so as to cause a rebellion.

Embezzlement or theft by a servant of his master's goods of 40s. or more is a felony.

Cut-purses and pick-purses shall not have benefit of clergy.

A person robbing a house of 5s. by day when no one is there shall not have benefit of clergy, because too many poor persons who cannot hire a servant to look after their house when they go to work have been robbed.

Benefit of clergy may not be had for stabbing a person who has no weapon drawn, if he dies within six months.

Fraudulent and secret conveyances made to retain the use of one's land when one sells the land to a bona fide purchaser for value in fee simple, fee tail, for life, for lives, or for years are void.

Crown officials such as treasurers, receivers, accountants, and revenue collectors shall not embezzle Crown funds and shall be personally liable for arrears.

Persons forcibly taking others across county lines to hold them for ransom and those taking or giving blackmail money and those who burn barns or stacks of grain shall be declared felons and shall suffer death, without any benefit of clergy or sanctuary.

Any person killing any pheasant, partridge, dove, pigeon, duck or the like with any gun, crossbow, stonebow, or longbow, or with dogs and nets or snares, or taking the eggs of such from their nests, or tracing or taking hares in the snow shall be imprisoned for three months unless he pays 20s. per head or, after one month's imprisonment, have two sureties bound for 400s. This is because the past penalty of payment hasn't deterred offenders, who frequently cannot pay.

Persons affected by the plague may not leave their houses or be deemed felons and suffer death. This is to avoid further infection. The towns may tax their inhabitants for the relief of infected persons.

Devising or speaking seditious rumors are penalized by the pillory and loss of both ears for the first offense; and 200 pounds and six months imprisonment for the second offense. Slandering the Queen is penalized by the pillory and loss of one ear, or by [1,333s.] 100 marks and three months imprisonment, at the choice of the offender. The second offense is a felony. Printing, writing, or publis.h.i.+ng seditious books is a felony without benefit of clergy. Wis.h.i.+ng the Queen dead, prophesying when she would die, or who would succeed her to the Crown is a felony without benefit of clergy. Attainders for these felonies shall not work corruption of the blood [heirs may inherit the property of the felon].

A debtor may not engage in a fraudulent collusion to sell his land and goods in order to avoid his creditors. This was designed to remedy the following problem:

A native or denizen merchant in wholesale or retail goods who leaves the nation to defraud his creditors shall be declared a bankrupt. The Chancellor may conduct an investigation to ascertain his land, house, and goods, no matter who may hold them. They shall be appraised and sold to satisfy his debts.

Lands, tenements, goods and chattels of accountants teller, or receiver who are in debt may be obtained by court order to satisfy the debt by garnis.h.i.+ng the heir of the debtor after the heir has reached 21 and for the 8 years next ensuing.