Our Legal Heritage Part 124

Bakers must mark their bread with W for white, WH for wheaten, and H for household or else forfeit 20s. to the informer. In 1758, a new a.s.size of bread set prices for rye, barley, oats, and beans by the bushel. The prices for the three qualities of wheat, for wheaten (prized and unprized), and for household grain by the bushel were to be determined from within a statutory range by the local Mayor or Justice of the Peace. Mayors and Justices of the Peace were to determine a fair profit for their local bakers for all the types of bread. A miller, mealman, or baker adulterating bread was to forfeit 40s. 10 pounds, part of which money could be used in publishing his name, abode, and offense in the local newspaper. Later, there was a forfeiture of 1-5s. for every ounce underweight. Household bread was to be 1/4 cheaper than wheaten or forfeit 10-40s. Bread inferior to wheaten was not to be sold at a price higher than household or else forfeit up to 20s. If the forfeiture was not paid, it could be levied by distress, or otherwise the offender was to spend one month in gaol or a House of Correction.

Straw to be sold in London must be sound, firmly bound in a truss, and of a given weight or else forfeit it and 20s. if no truss, and 1s. if in truss but underweight or of mixed quality. Handlers must keep registers of sellers, buyers, weights, dates of sale, and prices or else forfeit 10-20s.

Frame-work knitted pieces and stockings shall be marked with the correct number of threads by the master, frame-work knitter, or master hosier, or forfeit the goods and 5 pounds. If a journeyman apprentice, or servant employ does not mark correctly, he shall forfeit the goods and 5s.-40s. Sellers of such shall forfeit the goods and 5 pounds per piece.

At every fishing season, the quant.i.ty of salt, foreign or domestic, used by a proprietor for curing fish for export shall be accounted and sworn to so that it can be compared with the quant.i.ty of fish exported by the proprietor to ensure that the salt duties are fully paid, or else forfeit 40 pounds. If such salt is sold for other uses than curing fish, the proprietor is to forfeit 20s. per bushel sold and the users thereof, to forfeit 20s. per bushel bought, delivered, or used. If one can't pay, he is to be whipped and put to hard labor in a House of Correction for up to three months.

Agreements between coal owners, lightermen, fitters, master or owners of ships, hindering the free sale, loading, and unloading, navigating, or disposing of coals are illegal, null, and void. This is engrossing and has caused the price of coals to go up.

No coal trader or dealer may use his own lighters, barges, or other vessels to carry coals on the Thames River to and from any ship and to and from any wharf, dock, or creek because this has impaired the business of the watermen and wherrymen, whose vessels must now be registered and display such mark on their hulls. No lightermen nor buyers of coals may act as agent for any master or owner of a ship importing coals into London or else forfeit 200 pounds, because this combination has caused the price of coal to go up. Selling one sort of coal for another is punishable by forfeiture of 500 pounds. Only standard size coal sacks may be used for selling coal and they must be sealed and stamped by an official at the Guildhouse before sale. The mayor and aldermen of London may set the price of coals coming into this port. In other areas, Justices of the Peace set the prices of coals which allowed "a competent profit". If a merchant refused to sell at that price, the Justice of the Peace could authorize seizure and sale by officers.

Later, coal measurers must give the coal cart driver a ticket with the name of the sellers and consumers, the quant.i.ty and quality of the coal, its price, the date of sale, and the name of the cart driver or else forfeit 5 pounds. The cart driver must give this ticket to the consumer or forfeit 5 pounds. If coal is carried by cart without a ticket, the seller forfeits 50 pounds and the driver 5 pounds.

Any owner of timber trees, fruit trees, and other trees used for shelter, ornament, or profit, which are cut down or otherwise destroyed shall be made good by his parish or town, as is an owner of hedges and dikes overthrown by persons in the night. In 1765, anyone cutting down or destroying any oak or other timber trees at night shall forfeit up to 20 pounds for the first offense, up to 30 pounds for the second offense, and shall be transported to the colonies for seven years for any further offense. Anyone digging up or destroying or carrying away any root, shrub, or plant worth up to 5s. in a garden, nursery, or other enclosed ground at night shall forfeit up to 2 pounds for the first offense, up to 5 pounds for the second offense, and shall be transported to the colonies for seven years for any further offense. Anyone not paying is to be gaoled. Aiders and buyers who know the item was stolen shall incur the same penalties. Later, many other types of trees, such as beach, ash, elm, cedar, and walnut were included as timber trees, and hollies, thorns, and quicksets included as plants.

Any person using violence to hinder the purchase or transportation of grain, e.g. by beating or wounding a buyer; beating or wounding the driver or horse of a cart loaded with wheat, flour, meal, malt, or other grain, or cutting the harness of or driving away the horse, or cutting or carrying away the sacks of grain is to be put in the common gaol or House of Correction with hard labor for 1-3 months, and whipped in the market place between 11:00 and 2:00. The penalty for a second offense or for destroying a storehouse or granary where grain is kept to be exported or for taking or spoiling such grain, or for throwing such off a ship or vessel is transportation for seven years. The hundreds concerned are to pay damages up to a total of 100 pounds, but only if notice is given to the constable within two days and there is an oath and examination before a Justice of the Peace within ten days of the owner or his servants. If any offender is convicted within a year, the hundreds are released.

Anyone who steals at night any cloth or wool or woolen goods set out to dry on racks shall forfeit treble damages, or if he can't pay, be sent to prison for three months without bail. For the second offense, he shall forfeit treble damages and be sent to prison for six months without bail. For the third offense, he shall be transported for seven years. Upon complaint, a Justice of the Peace may authorize a constable or other peace officer to enter and search houses, outhouses, yards, and gardens of a person suspected by the owner. This person shall account to the Justice of the Peace and may bring a witness to his purchase of the items. If the account is unsatisfactory, he shall be penalized.

Anyone taking linens, fustians, or cottons set out for whitening, bleaching, or printing up to the value of 10s. in lands, grounds, or buildings may be transported for seven years. Later, this penalty was increased to death without benefit of clergy or transportation for fourteen years.

Anyone stealing or maliciously pulling up or destroying any turnips on a person's land must pay damages or go to gaol for up to one month. He may be whipped. The penalty for a second offense is three months in a House of Correction. This statute of 1750 was, in 1773, extended to include potatoes, cabbages, parsnips, peas, and carrots. A penalty up to 10s. was added. Evidence of the owner was to be taken.

In 1769, anyone who steals a dog or receives such knowing it to be stolen shall forfeit 20-30 pounds for the first offense, and 30-50 pounds for the second offense or go to gaol or the House of Correction for 12-18 months and be publicly whipped there. Search warrants may be issued to search for stolen dogs or their skins. One-half of the forfeiture will go to the informer.

Officers of the revenue who collude with importers to return to them goods which have been seized for nonpayment of duties shall forfeit 500 pounds and lose office, unless they disclose their accomplices within two months. The importer shall forfeit treble the value of such goods.

Any ship not more than 50 tons hovering on the coast with customable or prohibited goods may be boarded by a customs officer, who may demand bond for treble the value of the goods.

In 1724, persons contracting with artificers and manufacturers of wool, iron, steel, bra.s.s, and other metals, clockmakers, or watchmakers, to go to a foreign country and there receive greater wages and advantages shall forfeit 100 pounds and spend 3 months in prison for the first offense, and shall forfeit a sum determined by the court and spend 12 months in prison for the second offense. An artificer or manufacturer not returning after warning is given by the amba.s.sador is to forfeit hereditaments, goods, and lands and to be deemed an alien. Later, in 1750, cotton and silk were included and the penalty was increased to 500 pounds and 12 months in gaol for the first offense, and 1000 pounds and 2 years in prison for the second offense. Also, anyone exporting tools of wool or silk manufacture was to forfeit the tools and 200 pounds.

This statute was strictly enforced. In 1774, tools of cotton and linen manufacture were included.

In 1772, all statutes against engrossing, forestalling, and regrating were repealed because they had prevented free trade and tended to increase prices, e.g. of grain, meal, flour, cattle, and other victuals.

Anyone a.s.sisting a felon (except for petty larceny) to try to escape from gaol, is guilty of felony and shall be transported for seven years.

Anyone a.s.sisting a person who owes or is to pay 100 pounds to try to escape from gaol is guilty of a misdemeanor. In 1772, prison keepers were indemnified from creditors for any escapes of debtors due to conspiracy and break out with weapons and firearms rather than due to negligence of the prison keeper, as had been occurring.

No more than 600 pounds of gunpowder may be kept in any building in London or Westminster or suburbs thereof. Later, no more than 200 pounds of gunpowder were allowed to be kept therein for more than 24 hours.

Buildings may be searched on "reasonable cause" shown to a Justice of the Peace. Later, no more than 400 pounds of gunpowder could be kept for more than 24 hours near any town, or more than 300 pounds for more than 24 hours in any place. Then no gunpowder could be conveyed by land over 25 barrels or by water over 200 barrels.

It was customary for officers to take the oaths of allegiance and supremacy to any new monarch. When George I became king in 1714, all civil and military officers, clergy, schoolmasters, and lawyers, solicitors, clerks, etc. living within 30 miles of London had to take an oath of allegiance and a new oath that the person was not Papist and agreed that no foreigners had jurisdiction in the realm, such as to excommunicate someone and thus declaring he could be legitimately killed. Soon after, it was required that Papists had to register their names and real estates. Commissioners were appointed to make inquiries.

If a person did not take the oaths or did not register, he was to forfeit 2/3 of his land to the king and 1/3 to a Protestant who sued for such. This was in order to deter future rebellions against the king and efforts to destroy the Protestant religion.

As late as 1722, there was a Papist conspiracy to take the Tower of London and the King, and make a Catholic king. This resulted in the imprisonment of the conspirators and a new statute: Persons not taking the oath of allegiance and above oath that they were not Papist shall register their lands and yearly rents and pay double the land tax and 100,000 pounds. After payment, they are discharged from forfeiting 2/3 of their lands' rents for one year.

Papists enlisting in the army are liable to corporal punishment, but not death, as determined by a court martial.

Any mayor, bailiff, or other magistrate who is present at any meeting for public worship other than the Church of England will lose office and is barred from any public office or employment.

Jews may not refuse suitable maintenance to their children who are Christian to pressure them to convert back to Judaism.