Our Legal Heritage Part 123

The penalty for possessing or offering to sell any hare, pheasant, partridge, moor or heath game or grouse by any carrier, innkeeper, victualer, or alehouse keeper is 5 pounds, 1/2 to the informer, and 1/2 to the poor of the parish. If unable to pay, the offender shall be placed in the House of Correction for three months without bail.

Unauthorized persons keeping or using greyhounds, setting dogs, or any engine to kill game shall suffer the same penalties. In 1770, anyone killing hare at night or using any gun, dog, or other engine to take or kill or destroy any hare, pheasant, partridge, moor game, heath game, or grouse in the night shall be whipped and also go to gaol or the House of Correction for 3-6 months without bail for the first offense, and for 6-12 months without bail for any further offense. If such occurs on a Sunday, the offender must forfeit 20-30 pounds or go to gaol for 3-6 months. In 1773, no one may kill or take or possess any heath fowl or any grouse except at a limited period during the year.

Each manor may have only one gamekeeper allowed to kill game such as hare, pheasant, partridge and only for his household's use. This gamekeeper must be either qualified by law or a servant of the land's lord. Other persons possessing game or keeping a greyhound or setting dogs or guns or other devices to kill game must forfeit them and five pounds.

Anyone killing or attempting to kill by shooting any house dove or pigeon shall forfeit 20s. or do hard labor for one to three months.

Excepted are owners of dove cotes or pigeon houses erected for the preservation and breeding of such.

A gamekeeper or other officer of a forest or park who kills a deer without consent of the owner must forfeit 50 pounds per deer, to be taken by distress if necessary, and if he can't pay, he is to be imprisoned for three years without bail and set in the pillory for two hours on some market day. A later penalty was transportation for seven years. Anyone pulling down walls of any forest or park where deer are kept, without the consent of the owner, must forfeit 30 pounds and if he can't pay, he is to be imprisoned for one year without bail and spend one hour in the pillory on market day. Later, the killing of deer in open fields or forests was given the same penalties instead of only the monetary penalty prescribed by former law (former chapter). The penalty for a second offense was given as transportation for seven years. Anyone beating or wounding a gamekeeper with an intent to kill any deer in an open or closed place was to be transported for seven years.

Anyone who apprehends and prosecutes a person guilty of burglary or felonious breaking and entering any house in the day time shall be rewarded 40 pounds in addition to being discharged from parish and ward offices.

Justices of the Peace may authorize constables and other peace officers to enter any house to search for stolen venison. Any person apprehending an offender or causing such to be convicted who is killed or wounded so as to lose an eye or the use of a limb shall receive 50 pounds. Any person buying suspect venison or skin of deer shall produce the seller or be punished the same as a deer killer: 30 pounds or, if he couldn't pay, one year in prison without bail and one hour in the pillory on market day. An offender who discloses his accomplices and their occupations and places of abode and discovers where they may be found and they are subsequently convicted, shall be pardoned.

All persons pretending to be patent gatherers or collectors for prison gaols or hospitals and all fencers, bearwards, common players of interludes, minstrels, jugglers, and pretended gypsies, and those dressing like Egyptians or pretending to have skill in physiognomy, palm-reading, or like crafty science, or pretending to tell fortunes, and beggars, and all persons able in body who run away and leave their wives or children to the parish shall be deemed rogues and vagabonds.

Apprehenders of such persons bringing them before a Justice of the Peace may be rewarded 2s. Any constable not apprehending such shall forfeit 10s. Persons wandering outside the place determined by a Justice of the Peace to be his settlement may be whipped on the back until it is b.l.o.o.d.y or sent to hard labor at a House of Correction. If he was dangerous and incorrigible, for instance as indicated by swearing falsely before a Justice of the Peace, he could suffer both punishments with the whipping being on three market days. If he escaped from the House of Correction, it was felony. If he has been absent for more than two years, he could be put out as an apprentice for seven years in the realm, in the colonies, or in a British factory beyond the seas. Included later were performers for gain from outside their parish of any play, tragedy, comedy, opera, farce or other entertainment of the stage, including performances in public places where wine, ale, beer, or other liquors are sold, or else forfeit 50 pounds. Exempted were performances authorized by the king in Westminster.

Unlicensed places of entertainment are deemed disorderly (like bawdy houses and gaming houses) because they increase idleness, which produces mischief and inconvenience. Persons therein may be seized by a constable. Persons keeping such a place shall forfeit 100 pounds. No licensed place of entertainment may be opened until 5:00 p.m.

Later there was an award of 5s. for apprehending a person leaving his wife and children to the parish, living idly, refusing to work at going rates, or going from door or placing themselves in the streets to beg.

This includes begging by persons who pretend to be soldiers, mariners, seafaring men, or harvest workers. These rogues and vagabonds shall be sent to hard labor at a House of Correction for up to one month. The real soldiers, mariners, seafaring men, and harvest workers shall carry official doc.u.ments indicating their route and limiting the time of such pa.s.sage.

Persons pretending to be lame who beg are to be removed. If he comes back to beg, his back may be whipped until b.l.o.o.d.y. If a constable neglects this duty, he shall forfeit 10s.

Masters of ships bringing in vagabonds or beggars from Ireland or the colonies shall forfeit five pounds for each one. This money shall be used for reconveying such people back at a price determined by a Justice of the Peace. A master of a ship refusing to take such a person shall forfeit five pounds. These vagabonds and beggars may be whipped.

Anyone who profanely curses or swears shall suffer the following penalties: day laborer, common soldier, common sailor, common seaman - 1s., anyone else below the degree of gentleman - 2s., gentlemen and above - 5s., and for the second offense, a double fine, for further offense, a treble fine. If a person can't pay, he shall be put to hard labor at a House of Correction for ten days, or if a common soldier, common sailor, or common seaman, he shall be set in the stocks for 1-2 hours. This is to prevent the provocation of divine vengeance.

Anyone setting up or maintaining lotteries or deceitful games must forfeit 200 pounds, or go to prison up to 6 months. Any one who plays at such, such as by drawing lots or using cards or dice, must forfeit 50 pounds. Sales of lottery items, such as houses, lands, plate, jewels, or ships, are void and these items will be forfeited to any person who sues. Such have caused many families to become impoverished, especially through their children or through the servants of gentlemen, traders, and merchants. Backgammon games are exempt. Later, People who lost up to ten pounds in deceitful gaming were allowed to sue to recover this money from the winners. Also, anyone winning or losing ten pounds at one time or twenty pounds within 24 hours shall be fined five times the value of such. Offenders discovering others, who are convicted, are indemnified from all penalties and shall be admitted to give evidence.

No one may run more than one horse, mare, or gelding in a horse race.

No prize may be under 50 pounds value. This is because a great number of horse races for small prizes have contributed to idleness, to the impoverishment of the meaner sort of people, and has prejudiced the breed of strong and useful horses.

Wagers and agreements in the nature of puts and refusals relating to prices of stocks or securities are void. Those making or executing such agreements must forfeit 500 pounds. Those selling stock which one does not possess must forfeit 500 pounds. Brokers negotiating such agreements must forfeit 100 pounds.

Only a person with an interest in the life or death of another may have insurance on this other, to prevent the mischievous kind of gaming that has been introduced.

Apples and pears may not be sold by any measure other than a standard water measure, or else forfeit 10s., one-half to the informer, and one-half to the poor, except for measures sealed by the Company of Fruiterers. This is to decrease the suits between buyers and sellers.

There shall be enough silver and gold on silver and gold plated silk thread and wire so that it does not crumble off, thereby wasting the bullion of the nation. This is also to encourage its export by making it compet.i.tive in trade with such foreign articles, which may not be imported.

Malt to be sold or exported must not be fraudulently mixed with unmalted grain to lower duties payable or else forfeit 5s.

Any one who adulterates coffee with water, grease, b.u.t.ter, and such shall forfeit 20 pounds, 1/2 to the king, and 1/2 to the suer.

Walnut tree leaves, hop leaves, sycamore leaves and such may not be made to imitate tobacco leaves for sale or else forfeit 5s. per pound.

Persons near London may not make unsound, hollow, or improperly heated bricks.

Makers of narrow woolen cloths must weave or set in the head of every piece his initials or else forfeit one pound. This is to prevent frauds and abuses, particularly in stretching and straining the cloth. The fulling mill owner must append his seal of lead with his name and with his measurements. The searcher to be appointed must measure such cloths when wet for conformity to standard measurements and append his seal with his measurements. He may also inspect any places he chooses.

In 1774, any wool-making employee not returning all working tools and implements and wool and all materials with which entrusted back to his employer, or who fraudulently steams, damps, or waters such wool, or who takes off any mark on any piece of cloth, shall go to the House of Correction for one month. If he absconds with or sells such or anyone fraudulently buys or receives such from him, a search warrant may be issued to seize any other such tools or material. If found, the possessor may be brought to account before a Justice of the Peace, and if his account is not satisfactory, he shall forfeit such. A search warrant may also be issued for houses on "just cause to suspect" by oath of a credible witness. For a second offense, the penalty is up to three months in a House of Correction. For a third offense, the penalty is up to six months in a House of Correction and public whipping.