Our Legal Heritage Part 99

Army deserters are to be corporally punished or executed.

Fellable wood and underwood, but no timber trees, may be cut within 60 miles of London because fuel is needed, especially by the poor. This will be supervised by overseers appointed by Parliament.

No one may import foreign hats or hatbands to relieve that industry in England.

As of 1656, certain food could not be exported when the prices of such exceeded a stated amount. For instance, 5 pounds for a 36 gallon barrel of beef, 6d. for a pound of bacon, 4 pounds and 10s. for a 224 gallon barrel of b.u.t.ter, and 24s. for 64 pounds of rye, pease, or beans. The customs for such items was more for foreigners than for natives, for instance 3s. for natives and 5s. for foreigners for a barrel of beef.

b.u.t.ter for sale must not be corrupt and be properly weighed.

One must obtain a license to buy wheat or other grain and put it to sale in meal or flour or else forfeit three times the value.

All books of the law, writs, pleadings, and patents shall be in English or else forfeit 20 pounds.

No deer may be killed or else forfeit 15 pounds, half to the informer and half to the poor.

Interest may not exceed 6 pounds for a loan of 100 pounds yearly as of 1651.

No goods are to be imported from America, Asia, or Africa except in English s.h.i.+ps or else forfeit all goods and the s.h.i.+p, one half of which goes to the one who seizes the goods and prosecutes. None may be imported from Europe except in English s.h.i.+ps or s.h.i.+ps from the country of origin of the goods. No salt fish may be imported or exported but in English vessels.

There is a 10 pound reward for discovery of highwaymen and burglars or persons who break and enter into houses and there use violence.

No cart or wagon or carriage on the road may be drawn by more than five horses or six oxen and a horse except for military vehicles.

Notice of intended marriages shall be published once a week for three weeks in a public meeting place called church or a public market place next to church. Exceptions to the marriage shall be noted by the Register and considered by the Justice of the Peace before the marriage is performed. The words used shall be: "...promise to be unto thee a loving and faithful husband..." and "promise to be unto thee a loving, faithful, and obedient wife...".

There shall be no c.o.c.k-fighting because it disturbs the peace and usually is accompanied by gaming, drinking, swearing, and quarreling.

Anyone challenging or accepting a challenge to duel shall be imprisoned for six months without bail, and must acquire two sureties for a year.

Anyone fighting a duel in which death ensues, shall be banished for life.

Horse races were forbidden in 1654 for six months to discourage mischievous plots and designs by enemies of the state. The penalty was forfeiting the horse. Attendees were to be brought to justice.

As of 1657, a house or building built within ten miles of the walls of the City of London not having at least four acres had to pay a fine of one year's rent. All houses within London or Westminster or the suburbs must be brick or stone, and built straight up without protruding into the street or else forfeit 100 pounds.

As of 1657 persons living extravagantly without visible estate or calling may be made by Justices of the Peace to acquire sureties for good behavior or go to gaol. They would also be sent to the house of correction to work for three months for the first offense and for a time specified by the Justice of the Peace for the second offense.

Anyone winning at betting or playing at cards, dice, tennis, and horse races shall forfeit double his winnings.

Excluded from pardon were b.u.g.g.e.ry with man [sodomy] or animal [b.e.s.t.i.a.lity], carnal ravishment of women, and bigamy.

Husbands were responsible for their wives' oaths and fathers for their daughters'.

Drunkenness was much punished.

- Judicial Procedure -

The Protector is the supreme magistrate of the Commonwealth, with power to pardon all crimes, except murder and treason.