The Law
Any sale of land or lease or estate of freehold or copyhold shall be in writing and signed. An interest in land given orally shall have only the force of estates at will. All contracts for sale of goods or merchandise for the price of at least 10 pounds shall be in writing and signed by the parties or shall be accompanied by part payment or partial acceptance of the goods. This is to deter fraud. This statute caused many small freeholders, including yeomen, who paid rent by custom to be dispossessed.
Mortgagees can hold the land of any mortgagor who borrows money upon security of the land or obtains another mortgage without prior notice to the initial mortgagee. The mortgagor has six months to pay off the mortgage and all interest and charges or vacate the land and lose his equity therein. But a widow's dower will not be affected if she did not join with her husband in the mortgage.
If rent is not paid in a reasonable time, the renter's goods and grain may not only be distrained, but sold.
One coparcener of a joint tenancy or tenancy in common may have a court partition the property without the presence of other coparceners, because such coparceners are often difficult to find. This is to avoid wasting of land lying uncultivated and unmanured.
After the intestate death of a father of any sons or daughters without wives or children of their own in the life time of their mothers, the mother and every brother and sister shall share equally except the customs of London and York shall not be affected. Administrators have to make an inventory. They have to account on request by an interested person. They must be bonded by two sureties.
Executors and administrators of estates of deceased persons must pay the debts of the deceased person rather than waste or convert the goods and chattels to their own use. Creditors may recover their debts from heirs or devisees of the will of a debtor.
Men gone beyond the sea who could not be accounted for were deemed dead after seven years, so their life estates could be terminated.
Whereas lawful games are not to be used as constant callings for a livelihood, and young people are deceived and debauched and their money taken, anyone "winning" money by deceitful or fraudulent gambling shall forfeit three times his "winnings".
When a bill of exchange drawn to at least five pounds is not paid on demand at the time it is made payable, the person who accepted it may make a protest in writing before a notary public, which shall be served on the maker of such bill, who must pay it and all interest and charges from the date of the protest. But if a bill of exchange is lost or miscarried, another shall be given in its place.
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.
By statutes of 1660 and 1662, when goods have been carried off ships 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 assistance 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 trespass. 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 shield 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 apprenticeships 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 pawn-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 God 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 worship wherever and whenever there was any preaching or lecturing. Attendance at one's local parish church was never again required.
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 assembly, 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 worship 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 tithes and could be prosecuted in the ecclesiastical courts for not doing so. By statute, all congregations and assemblies for religious worship had to register with the local bishop or archbishop. Disturbers of religious worship were required to find two sureties for the amount of 50 pounds.
Attendance at the established Church of England was never again required. Nor was preaching or lecturing constrained. Instead, a statute was passed 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 mass 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 tithes 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.
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 worship, a statute was passed in 1662, that any Quakers who assembled to the number of five or more under the pretense of unauthorized religious worship and any person maintaining that taking an oath before a magistrate was unlawful and contrary to the word of God 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 passed 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, asserts that there is more than one god, 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 mass.
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 mass.
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.
But Charles' successor, King James II was Catholic and gave many offices to Catholics. This prompted a reaction against Papists and more statutes restricting them. After James II was chased out of England, a statute of 1688 required suspected Papists in London to make a declaration that they were not Catholic, did not adore the Virgin Mary or any saint, did not go to mass, or else stay ten miles outside of London. Excluded were tradesmen and manual workers, who had only to register. All Papists had to forfeit their arms and any horse worth more than 5 pounds. Also, no King or Queen or spouse of such could be a Papist, but had to make the same declaration as members of Parliament, and join in the communion of the established Church of England. As of 1696, a person who was serjeant at law, counsellor at law, barrister, advocate, attorney, solicitor, proctor, clerk, or notary had to take the oath of supremacy and allegiance. As of 1698, Papists who kept a school or tried to educate the young were threatened with perpetual imprisonment. Also, Popish parents were prohibited from forcing their children who were inclined towards Protestantism to become Catholic by refusing them suitable maintenance. As of 1699, a reward of 100 pounds was offered to any person who apprehended a Popish bishop, priest, or Jesuit saying mass. Also, no Papist was allowed to buy land.
