Our Legal Heritage Part 107

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 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.

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 part.i.tion 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".

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.

No more than 20 people may pet.i.tion the king nor more than 10 people may a.s.semble to present a pet.i.tion to the king, because more has been tumultuous and disorderly.

Anyone may without fee set up a hemp business including breaking, hatch.e.l.ling [separating the coa.r.s.e 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.

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 coc.o.o.n) 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 [silk twisted from coc.o.o.ns into thread] to be imported.

b.u.t.tons 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 b.u.t.tons. No b.u.t.ton may be made of cloth or wood.

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 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.

Retailers of wine may not add to imported wines cider, honey, sugar, mola.s.ses, lime, raisin juice, or herbs.

b.u.t.ter sold must be of one sort and not contain bad b.u.t.ter mixed in with good b.u.t.ter. b.u.t.ter 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.