Our Legal Heritage, King AEthelbert, 596 to King George III, 1775

by S. A. Reilly

To preserve navigation, ships are not to throw any ballast, filth, rubbish, gravel, earth, stone, or filth into rivers or ports where the tide or water flows or runs or else forfeit 50s.- 5 pounds. Ships on the Thames River could take as ballast to stabilize a ship without cargo: dung, compost, earth, or soil from laystalls in London. There was a toll on ships entering the port of London to pay for repairs to its walls.

Many persons insuring ships for large premiums became bankrupt, thus ruining or impoverishing many merchants and traders. So the king was authorized to grant charters to two distinct corporations for the insurance of ships, goods, and merchandise or going to sea or for lending money upon bottomry. Each corporation had to pay 300,000 pounds to the Exchequer and to have sufficient ready money to pay for losses insured by them. They were to raise capital stock and could make calls of money from their members in proportion to their stocks for any further money required.

Any owner, master, or mariner who cast away, burned, or otherwise destroyed a ship to the prejudice of underwriters of policies of insurance or of any merchants whose goods have been loaded on the ship was to suffer death.

The owners of ships are not liable for losses by reason of theft without their knowledge by the master or mariners of goods beyond the value of the ship. This is to prevent the discouragement of owning ships.

The insurance of merchant ships must give salvage rights [rights to take what may be left of the ships insured after paying the insurance on them] to the insurer. A lender on bottomry shall have benefit of salvage. No insurance may be for a greater amount than the value of one's interest in the ship or in the goods on board.

No waterman carrying passengers or goods for hire e.g. by wherryboat, tiltboat, or rowbarge, on the Thames River may take an apprentice unless he is a housekeeper or has some known place of abode where he may keep such apprentice or else forfeit ten pounds, and if he can't pay, do hard labor at the House of Correction for 14-30 days. Also he may not keep the apprentice bound to him. No apprentice may be entrusted with a vessel until he is 16 if a waterman's son and 17 if is he the son of a landman, and he has had at least two years' experience. None but freemen (i.e. one having served an apprenticeship of seven years) may row or work any vessel for hire or be subject to the same punishment. This is to avoid the mischiefs which happen by entrusting apprentices too weak, unable, and unskillful in the work, with the care of goods and lives of passengers. Later amendment required that apprentices be age 14 to 20 and that there be no more than 40 passengers, with the penalty of transportation if there were over 40 and one drowned.

No boat on the Thames River may be used for selling liquors, tobacco, fruit, or gingerbread to seamen and laborers because such has led to theft of ropes, cables, goods, and stores from the ships. Excepted are boats registered at the guilds of Trinity and of St. Clement, but they must show their owner's name and can only operate in daylight hours. The penalty is forfeiture of the boat.

All ships coming from places infected with the plague shall be quarantined and any person leaving a quarantined ship shall return and later forfeit 20 pounds, of which 1/3 may go to the informer, the rest to the poor. This was later raised to 200 pounds and six months in prison, and if the person escaped, he was to suffer death. Also later, a master of a ship coming from infected places or having infected people on board was guilty of felony and was to forfeit 200 pounds. If he did not take his vessel to the quarantine area on notice, he was to forfeit a further 200 pounds (later 500 pounds) and the ship, which could then be burned. The king was authorized to prohibit commerce for one year with any country infected by the plague and to forbid any persons of the realm from going to an infected place.

By 1714, there was a clear distinction between a king's private income and the Crown's public revenue. From 1714, the king's Treasurer as a matter of routine submitted annual budgets to Parliament. He was usually also the leader of the House of Commons and the Chancellor of the Exchequer.

Proclamations by the Crown were more restricted to colonial and foreign affairs, to executive orders, and to instructions to officials. The high offices included the Chancellor, Keeper, President of the Council, Privy Seal, Treasurer, and two Secretaries of State, who were in charge of all foreign and domestic matters other than taxation, one for the north and one for the south. (Wolsey had been the last chancellor to rule England; thereafter the Chancellor had become more of a judge and less of a statesman.) Other offices were: Paymaster General, Secretary of War, and Treasurer of the Navy. Starting with the monarch, government positions were given by patronage to friends and relatives, or if none, to the highest bidder. These offices were usually milked for fees and employed deputies, clerks, and scribes who worked for long hours at very modest wages. Most people believed that the offices of power and influence in the realm belonged to the nobility and gentry as indubitably as the throne belonged to the king. Assaulting, wounding, striking, or trying to kill a member of the Privy Council engaged in his duties was punishable by death without benefit of clergy. Civil and military commissions, patents, grants of any office or employment, including Justice of Assize, Justice of the Peace, court writs, court proceedings continued in force for six months after a king's death, unless superceded in the meantime.