Our Legal Heritage Part 121

By statute of 1775, anyone harboring of army or marine deserters in the colonies forfeited 5 pounds Anyone persuading a soldier or marine to desert drew a forfeiture of 40 pounds or else up to six months in prison without bail and one hour in the pillory on market day.

Bounties were made available to vessels from and fitted out in Great Britain for Newfoundland fishing.

Any shipmaster carrying as pa.s.sengers any fisherman, sailor, or artificer to America forfeited 200 pounds because such men had been seduced from British fishing vessels in Newfoundland, to the detriment of the fishing industry.

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 Pet.i.tion 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 about July 4, 1776.

Thereafter, the American colonies did not follow English law. Past English law became the legal heritage of the United States of America.

- The Law -

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 princ.i.p.al 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 pet.i.t 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 ent.i.tled 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 a.s.saulting another with an offensive weapon with a design to rob may be transported for seven years.

Any person armed with swords, firearms, or other offensive weapons and having their faces blackened or otherwise being disguised, who appears in any forest, park, or grounds enclosed by a wall or fence wherein deer are kept (including the king's deer) or in any warren or place where hares or conies are kept or in any high road, open heath, common, or down, or who unlawfully hunts, wounds, kills, or steals any deer or steals any hare or rabbit or steals any fish out of any river or pond or who unlawfully and maliciously breaks down the head or mound of any fish pond, causing the loss of fish, or who unlawfully and maliciously kills, maims, or wounds any cattle, or who cuts down any trees planted in any avenue or growing in any garden or orchard for ornament, shelter, or profit, or who sets fire to any house, barn or out house [outer building], hovel, or stack of grain, straw, hay or wood, or who willfully and maliciously shoots any person in any dwelling house or other place, or who sends any letter with no signature or a fict.i.tious signature, demanding money, venison, or other valuable thing, or who forcibly rescues any person lawfully in custody for any of these offenses, or who procures others by gift or promise of money or other reward to join with him in any such unlawful act is guilty of felony and shall suffer death without benefit of clergy. Persons abetting them are also guilty of felony and shall suffer death without benefit of clergy.

Attainder shall not work corruption of the blood, loss of dower, or forfeiture of lands, goods, or chattel. The persons sustaining damages can recover 200 pounds or less from the hundred, with inhabitants paying proportionately, unless one of the offenders is convicted within six months. If other hundreds have not diligently followed the hue and cry, they shall pay half such damages. In 1735, it was required that there be notice to the constable or other officer or tythingman and public notice in the London Gazette describing the robbery, offenders, and goods taken before the hundred had to pay damages. Also, it did not have to pay damages if one offender was apprehended with 40 days of publication in the London Gazette, but did have to pay the apprehender 10 pounds. In 1754 was also included letters threatening killing people or burning houses, barns or stacks of grain, hay, or straw, without any demand.

Also, persons who rescued such offenders from gaol were given the same penalty.

Later, persons obtaining money or goods by false pretenses with an intent to defraud or cheat or sending a letter without a true signature threatening to accuse any person of a crime with an intent to extort money or goods, are punishable by fine and prison, pillory, or whipping or transportation for seven years.

Later, no person may recover more than 200 pounds after a hue and cry unless there are at least two witnesses to the robbery.

No one may advertise a reward for return of things stolen or lost with no questions asked, because this has resulted in thefts and robberies.

Anyone stealing sheep or cattle or parts thereof is a felon and shall suffer death without benefit of clergy.

Persons who steal or aid in stealing any lead, iron bar, iron gate, palisade, or iron rail fixed to any house or its outhouses, garden, orchard, or courtyard is guilty of felony and may be transported for seven years. In 1756 also included was copper, bra.s.s, bell-metal, and solder; buyers and receivers; and mills, warehouses, workshops, wharves, ships, barges, and other vessels. Search warrants were authorized in case of suspicion. Officers and solicited buyers and receivers were required to take persons who at night were reasonably suspected of having or carrying such items, to an accounting before a Justice of the Peace. Also a notice was put in the newspaper for any owners to claim such. If the person did not give a satisfactory account of the items, he was guilty of a misdemeanor punishable by forfeiture of 2 pounds or prison up to one month for the first offense, 4 pounds or prison for two months for the second offense, and 6 pounds or prison for any subsequent offense (without bail). An officer or solicited buyer or receiver who did not take a suspect to a Justice of the Peace was punishable by the same penalties except the amounts of forfeiture were 1 pound, 2 pounds, and 4 pounds respectively. A felon who brought two buyers or receivers to justice was to be pardoned.

A description of any goods and the appearance of a rogue or vagabond or idle and disorderly person shall be advertised in a public paper for identification by the owner as stolen.

p.a.w.ning goods without consent of the owner is punishable by forfeiture of 20s. or hard labor for fourteen days with whipping there.

Maliciously destroying river banks resulting in lands being overflowed or damaged is a felony for which one shall suffer death without benefit of clergy. Later, transportation for seven years was made an alternative.

The punishment for forgery or counterfeiting or a.s.sisting in such or claiming a counterfeit item is good while knowing that it is not, with an intent to defraud is death without benefit of clergy. The punishment for perjury or subordination of perjury is hard labor in the House of correction for up to seven years or transportation for up to seven years. The punishment for altering numbers on bills of exchange or other payment papers is death.

It is high treason to counterfeit the coinage. A person who tenders coin, knowing it to be false, shall spend six months in prison and acquire sureties for good behavior for the next six months. If he offends again, he shall spend two years in prison and acquire sureties for good behavior for the next two years. The third offense is felony without benefit of clergy.

In 1773, making or possessing any frame, mould, or instrument for forging paper notes of the Bank of England and putting this identification thereon is felony with penalty of death without benefit of clergy. Anyone who forges promissory notes, bills of exchange, or inland bills of the Bank of England by engraving or etching on metal or wood "Bank of England" or "Bank Post Bill" shall go to gaol for up to six months.