Our Legal Heritage Part 89

The old writ of habeas corpus [produce the body] had been just to bring to court those persons needed for proceedings, but c.o.ke in 1614 had cited the writ with a new meaning "to have the body together with the cause of detention".

c.o.ke then became a member of Parliament and led the Commons, where he exalted the authority of Parliament vis a vis the king; that is, the king could not make any changes in law, religion, or taxation without consent of Parliament. James arrested c.o.ke and two other members of the Commons and put its leader John Pym under house arrest for their outspoken opinions against the King's intended alliance with Catholic Spain and intended taking of a Spanish wife. Because of the deadlock that developed between the king and Parliament, certain matters could not be addressed by legislation and were left to be decided judicially.

This made judicial review of disputes important.

James vastly increased the number of peerages, selling many, for example for 10,000 pounds. Since there was a tacit understanding that members of Parliament would not accept remuneration, this restricted eligibility for membership to the rich. The House of Commons was composed mostly of attorneys, merchants from the large towns, and country gentlemen. The gentry members had 600 pounds [12,000s] annual income from land and the burgess members had 300 pounds [6,000s.]. There were two knights from every county, elected by men holding at least forty-shilling freeholds; four representatives from London, and one or two from every other borough, generally elected by the top business families?; and a representative from each of the two universities. For Speaker, they always chose someone suggested to them by the Crown. He decided who would talk and could hasten or delay bills, usually for the benefit of the Crown. The Clerk, a lifetime appointment of the Crown, wrote out the bills and their amendments and kept track of proceedings.

Many in the Commons were Puritan in sympathy. In 1607, the House of Commons developed a committee system to avoid being presided over by the royally designated speaker. A committee could consist of all the members of the House of Commons with an elected chairman. An increasing number of issues were discussed in committee before coming to the Commons and the Commons came to ratify readily what had been done in committee.

By 1610, there had developed in the House of Commons an opposition to feudal tenures, purveyance, wardships, and impositions (special import and export duties on aliens set by the king without the consent of Parliament that were supposed to be for the purpose of regulating trade instead of for revenue). There was also a call for free speech and an end to the King's habit at the end of Parliament of imprisoning for a time those who had been too outspoken. The Commons also a.s.serted itself into foreign affairs by expressing an opinion against a treaty proposed by the king on which war could ensue. The treaty was abandoned. In London, organized groups such as the apothecaries, the skinners, and the grocers, were circulating printed statements of their cases to members of committees of the House of Commons rather than just seeking out a friendly Privy Council member. In 1621, the protests made to committeemen about monopolies sold by James frightened him into canceling many of them. He had made many grants against compet.i.tion in violation of law. The right of the Commons to expel a member was a.s.serted by the expulsion of a monopolist. By 1629, the speeches of prominent members and the course of proceedings were copied by stationers and sold in a weekly news report.

The King's Privy Council dealt constantly with foreign affairs, and also with the great companies, and problems arising such as gold leaving the country, the Dutch ships increased efficiency in transporting goods, the declining market for English cloth, strikes in the mining industry, decaying harbor works, the quality of food and drink, the wrongs done to the poor, and above all, the general peace and order. They formed commissions to study situations and sent orders to Justices of the Peace on methods to address certain problems and to Sheriffs to carry out certain acts. About 1618, a group within the Privy Council began to concentrate on foreign affairs, especially "cabinet counsels", that is, with secret matters. James sold high offices of state to supplement his income. His income from customs had increased so much that it was now three times that from Crown lands.

The Sheriff looked after Crown lands and revenues in his county. He gathered the rents, the annuities, the stray animals, the deodands, the fees due to the King, the goods of felons and traitors. He was still a means of communication between the Privy Council and the county. He announced new statutes of Parliament and proclamations by the king at the county courts and in the markets. He used posse comitatus to disperse riots. He was the functionary of the a.s.size court, impaneling its juries, bringing accused men before it, and carrying out its penalties. He carried out elections of members of the House of Commons.

There were two high constables for each hundred. They were chosen by the Justices of the Peace at quarter sessions, and were usually small gentry or well-to-do yeomen. They were the intermediaries between the justices and the petty constables. The petty constable was the executive official of the village. He was usually elected by the suitors to the leet court of the manor for a year. He might be a farmer, an artisan, a carpenter, a shoemaker, or many times a tradesman, a butcher, or baker.

He often visited the alehouse to learn of any trouble in the making. He would intervene in quarrels and riots and tell the partic.i.p.ants to desist in the King's name. If they didn't, he could call on all bystanders to help him "force a quiet". He had to lead the rioters and causers of injuries to others, hold them there until he could bring him before the nearest justice. He would inform the justice of plots to trespa.s.s or forcibly enter land to take possession. He saw to it that no new cottages were built in the villages without due authority. He supervised markets and inns. He reported lapses of care for apprentices by their masters to the justice. At harvest time, he called upon all able bodied persons to a.s.sist and punished those who didn't respond by putting them in the stocks or fining them forty shillings. He arrested and whipped vagrants and st.u.r.dy rogues and sent them back to their place of birth through constables on the way. If a horse was stolen, he raised the hue and cry to all neighboring constables. He made inquiry into the paternity of the coming child of an unmarried pregnant girl to make him take responsibility for the child and pay her 8d. a week lest it fall into the responsibility of the village. In a town, he might have watchmen to help him see that the streets were peaceful at night. The constable a.s.sisted the Justice of the Peace, the high constable, and the Sheriff. He pressed men into military service. He collected taxes for the Sheriff and collected the money for purveyance, the money for the poor, maimed soldiers, and various kinds of prisoners, which the parish had to pay. He was often the spokesman for the village in village concerns, such as too many alehouses, brought to the attention of justices at quarter sessions. The constable and churchwardens together collected money for the parish, looked after the needy, and kept in close touch with the overseers of the poor, who cared for the sick and old, found work for the idle, took charge of b.a.s.t.a.r.ds, apprenticed orphan children, and provided supplies for the workhouse.

In 1609 the East India Company was given a monopoly by the Crown that was indefinitely long as long as it was profitable to the realm in the King's opinion. Interlopers were to forfeit their ships and goods, one-half to the Company and one-half to the Crown. Monopoly status made the Company compet.i.tive with the Dutch and Portuguese monopoly companies. The Crown received a gift or a loan from the Company in return. At first, the Company raised capital for each separate voyage.

But voyages tried to undercut each other and rival factions squabbled over cargoes. So the company then raised a "terminable joint-stock" for a period of years. The first of these was issued in 1613-16 and financed a fleet every year for four years. Subscriptions were called in by yearly installments and dividends paid out yearly. The voyage of 1613 brought shareholders a profit equivalent to about 11% a year. By 1620, the Company operated thirty to forty "tall ships", many built in its own dockyards. These dockyards were so technologically advanced that they were daily viewed by visitors and amba.s.sadors. Here, besides wet and dry docks, there were timber yards, a foundry and cordage works for supplying the ships' hardware and a bakery and saltings for their provisioning. More than 200 craftsmen were directly employed in the yard. Overall the company was one of London' largest employers.

In 1607, the Muscovy Company, hired Henry Hudson to find a northwest pa.s.sage through North America to the Pacific Ocean.

In 1606, the first charter of the Virginia Company was issued for trading purposes. It gave the settlers "all liberties, franchises, and immunities" they had in England. To oversee this colony, the Crown appointed a council. Virginia established the Episcopal Church by law.

Virginia became a joint-stock company in 1609. But exports were few (timber, soap ashes, pitch, tar, and dyes) for several years, and then tobacco emerged as a source of profit. King James imposed a heavy duties on imported tobacco because it corrupted man's breath with a stinking smoke.

Life was difficult for Puritan Separatists, who wanted to separate from the established church. They were imprisoned and their houses were watched day and night for illegal meetings. In 1620, after trying Holland and when there was a depression in England, a few Puritan Separatists, along with other pilgrims, left for Virginia in the Mayflower, but landed in New England and founded Plymouth Colony. They were led by William Bradford and William Brewster, their spiritual leader. They planted fields and made friends with the Indians. In 1621, they secured a patent to the merchants and planters together for a voluntary joint-stock company in New England. Later, it became the self-governing Ma.s.sachusetts Bay Colony.

The canons of the church of 1604 provided for excommunication for anyone who propounded that the king did not have the same authority in ecclesiastical matters as the G.o.dly kings among the Jews and Christian emperors in the primitive church, that the Church of England was not a true and apostolic church, that worship according the Book of Common prayer and administration of sacraments was corrupt or superst.i.tious, or that other methods of the church were wicked, unchristian, or superst.i.tious.

Church sanctuary was abolished for those accused of criminal offenses because it had been abused by thieves paying their rent by thieving at night. It remained available to those accused of civil offenses.

About 5% of the population was Catholic, although it was against the law to practice this religion. Indeed it long been the practice to sequester their lands, punish them for going to ma.s.s, fine them for not attending the established church, banish their priests, and imprison those who aided priests. There was a Catholic plot in 1605 to blow up Parliament and the king with gunpowder and to restore Catholicism as the state religion with a Catholic king. It was discovered and the conspirators were executed. Then there was a crackdown on Catholics, with houses being searched for hiding places for priests. Also, legislation was pa.s.sed barring Catholics from many offices.

- The Law -

Churchwardens of every parish shall oversee the poor in their parish.

They shall, with consent of the Justices of the Peace, set to work children whose parents cannot maintain them and also set to work married or unmarried persons who have no trade and no means to maintain themselves. Churchwardens shall tax every inhabitant, including parson and vicar and every occupier of land and houses, as they shall think fit. There will be a convenient stock of flax, hemp, wool, thread, iron and other necessary ware and stuff to set the poor on work. There will be competent sums of money for the relief of the lame, impotent, old, blind, and others not able to work, and also for the putting out of children to be apprentices. Child apprentices may be bound until 21 years of age or until time of marriage. They shall account to the Justices of the Peace for all money received and paid. The penalty for absence or neglect is 20s. If any parish cannot raise sufficient funds, the Justices of the Peace may tax other nearby parishes to pay, and then the hundred, and then the county. Grandparents, parents, and children of every poor, old, blind, lame, or impotent person not able to work, being of sufficient ability, shall at their own charge, relieve and maintain every such poor person in that manner and according to that rate as Justices of the Peace of that county determine, or else forfeit 20s. per month. Two Justices of the Peace may commit to gaol or house of correction persons refusing to work and disobedient churchwardens and overseers. The overseers may, with the consent of the lord of the manor, build houses on common or waste land for the poor at the expense of the parish, in which they may place more than one family in each house.

Every parish shall pay weekly 2-10d. toward the relief of sick, hurt, and maimed soldiers and mariners. Counties with more than fifty parishes need pay only 2-6d. The county treasurer shall keep registers and accounts. Soldiers begging shall lose their pension and shall be adjudged common rogues or vagabonds subject to imprisonment and punishment.

A seminal patent-protection law was pa.s.sed in 1624. It stated that all monopolies to any person or persons, bodies politic or corporate for the sole buying, selling, making, working, or using of anything within the realm are void. This does not include London or towns. Parties aggrieved by such may recover treble damages in the superior courts, with double costs. Excepted are existing patents, for 21 years or less, for new inventions and for future patents for 14 years or less. Excepted also are patents for printing or making saltpeter, gunpowder, shot or ordinance, etc.; patents concerning allum mines or Newcastle coal or gla.s.s making or export of calves' skins or making smalts [deep-blue pigment or gla.s.s] or melting iron ore; grants of office; and licenses for taverns.

Persons stealing crops from lands or fruit from trees shall be whipped.

Every person shall receive the holy communion in church at least once a year or else forfeit 20 pounds for the first year and 40 pounds for the second year, and threescore pounds for every year after until he takes the said sacrament.

Every person convicted of drunkenness shall be penalized 5s. or else placed in the stocks for six hours, because the loathsome and odious sin of drunkenness has grown into common use lately and it is the root of many other sins, such as bloodshed, stabbings, murder, swearing, fornication, and adultery, and is detrimental to the arts and manual trades and diverse workmen, who become impoverished. Offenders convicted a second time shall be bound with two sureties to the sum of 200s.

Lewd women, having b.a.s.t.a.r.ds, chargeable to the parish, shall be committed to the house of correction to be punished and set to work for one year.

Mothers concealing the death of a b.a.s.t.a.r.d baby shall suffer as for murder, unless one witness proves the child was born dead.