oath shall be freed from any arrest upon originall process Lam. 402. Bailiff taking above 4 pence for any arrest shall forfeit 40 li. 23 H. 6. ca. 10. The officer ought to require the party to come and finde surety of the peace before he arrest him by the opinion of 5 Ed. 4. 31. Lam. 90. Dal. 166. If one required by the officer upon warrant to finde surety of the peace resuse the officer by virtue of his warrant may convey him to prison Lam. 92. Dal. 171. In all criminall causes where one incurreth loss of member or of life every man may arrest him whether he have warrant or not Dal. 344. But where a private man arresteth any in the cases aforesaid he ought to deliver him to the constable or some officer Dal. 348. When a felony is committed 1. any man that suspects another may arrest him 2. or if there be common fame that he committed the felony 3. or if he be prosecuted with hue and cry 4. or if he be in company of the offenders 5. or he apparantly go about to commit a felony Dal. 345. vide Cro. 99. b. A man is slain or a felony committed and an innocent party is arrested for the same he cannot be delivered but by order of law Cro 40. b. n. 20. Dal. 279 304. Lam. 233. A Constable taking an affraier may not imprison him in his house but in the Stocks Lam. 133. Vide Riot Sheriff Prison Arraignment Arraignment is commonly a compulsory coming of one indicted of a matter touching life or such hainous offence and a pleading not guilty Lam 546. One coming in freely and indicted of an inferiour offence may be arraigned Lam. â—47 One arraâ—gned of felony if his case will serve may plead a justification or matter in law Lam 547. And the Court shall assigne him councell Cro. 110. nu 5. He that is arraigned of felony shall have leave to bring him into the Court who sold the thing to him and the Court shall assign him councell Cro. 110. a nu 3. Artificers vide Labourers Assault Assault cannot be made without the offer of some hurtful blow or at least of some fearful speech Lamb. 26. To rebuke a collector with foul words so that he depart with fear without doing his office was taken for an assault Lamb. ib. To strike at a man although he were neither hurt nor hit with the blow is an assault Lamb. ibidem Maker of an assault battery or other trespass upon the body of another is to be fined Servant or workman convicted by confession of two witnesses before two Justices of Peace of maliciously assaulting Master Dame or Overseer is to be imprisoned a year and any other corporal punishment saving life and member 5 Eliz. cap. 4 5. Dal. 80. Cro 84. a. If another assault me if I may escape with my life it is not lawful for me to beat the other Dal. 210. An attempt is made to beat a man his wife father or-mother or any of his children within age he may lawfully use force to resist it and may justifie the beating of the other Dal. 210. Yet by opinion of Elyâ—t 12 H. 3. fol. 2. b. it is not lawful except there be such peril as another is like to perish if there be no help Dal. 184. 210. A man taketh away my goods which are in my possession I may take them again with force Cro. 65. b. nu 60 61. 137 a. Dal. 181. But I must first lay my hands on him and disturb him and if he will not leave then I may beat him rather then he shall have my goods Dal. ibid. Assembly unlawful vide Unlawful Assembly Assize of Bread and Beer Any Brewer or Baker or Tipler breaking the Assize of Bread and Ale to be fined 13 R. 2. cap. 8. Lamb. 459. Any officer taking fine for breach of the Assize of Bread and Ale where there ought to be a corporal punishment is to be fined 13 R. 2. cap. 8. Lamb. 459. Attainder One attainted of felony may be arraigned for treason committed before or after the attainder Lamb. 557 558. One attainted upon an appeal of robbery may be arraigned upon an appeal of robbery at anothers suit Lamb. 558. One attainted of felony by standing mute may after be arraigned of another felony Lam. 558. One attainted of felony cannot after be arraigned for another felony so long as the first is unpardoned unless it be in the cases before Lam. 557. After the attainder the felons grant of goods or lands bindeth all persons except the Land-lord to whom they escheat Dal. 303 Indictment is when an offence is found by the great Inquest or other Jury of inquiry Conviction is when the offender is found guilty by a second Jury having put himself to trial Attainder is when after such conviction judgement is given against the offendeâ— Dal. 304. A wait lying vid Way-laying Averments No man shall be received to aver or speak against a record Lam. 63. Badgers and Drovers LIcence to Badgers and Drovers and Loaders of corn must be in open Sessions and there registred and kept by the Clerk of the Peace 5 El. c. 12. Lam. 610. Offences against the statute of Badgers and Drovers may be enquired of as well by examination of witnesses as by presentment 5 El. cap. 12. The forfeiture due to the informer upon the Statute of Badgers and Drovers is to be levied by Fieri facias or Capias awarded by the Justice of Peace 5 El. cap. 12. Clark of the Peace must make and write all Licences made to Badgers Laders and Drovers and keep a book to register the same and the recognizance taken before the Justices of Peace which recognizance must be That they shall not do any thing contrary to the statute 5 Ed. 6 c. 14. provided against forestallers and therein write the names and surnames and places of the licensed with a brief entry of the licence day time and place where it was granted and bring the same to every Sessions taking for the licence xii d. for the recognizance viii d. and for registring iv d. 5 El. cap. 12. Bailment Bailment Mainprise or replevin is the saving or delivering a man out of prison before he hath satisfied the law so by finding sureties to answer and to be justified by the law Lam 340. Dal. 312. He that is bailed is delivered into his sureties hands to be kept Cro. 152. b. nu 6. Stum. 65. a. Dal. 312. I the sureties doubt the escape of the prisoner bailed a Justice of Peace upon prayer may discharge the sureties and commit the party to prison Dal. 312. Cro. 153. a. nu 13. 157. a. A Justice of Peace may cause the bailed to find better sureties Cro. 152. b. nu 4. Dal. 312. It is requisite to take two Subsidy-men for bail especially if it be for felony or suspicion thereof Dal. 313. To detain a prisoner that is bailable is fineable Dal. 313. To bail one not bailable
quarter broad 3 quarters of an inch thick or lose 5 shill a hundred 17 E. 4. c. 4. Lam. 468. Roof-tile must be 13 inches long half inch and half-quarter of an inch thick conveniently deep or lose 6 shill 8 pence an hundred ibid. Gutter-tile must be 10 inches and an half long of convenient breadth depth and thickness or lose two shill an hundred ibid. Searchers of tile for every default in searching lose 10 shill ibid. Tipling The Inne-keeper Victualler or Alehouse-keeper that suffereth any to continue tipling in his house shall forfeit 10 shill to be levled by distress by warrant from one Justice of Peace and to be sold after 6 daies for want of distress to be sent to the gaol till payment be made 1 Jac. c. 9. 7 Jac. c. 10. 1 Car. c. 4. Lam. 192. The Oath of Constables Churchwardens Headboroughs Tithingmen and Aleconners are to be enlarged and extend to present all offences against the statutes of 1 Jac. c. 9. 4 Jac. c. 5. 21 Jac. c. 7. Any continuing tipling in an Inne Victualling-house or Alehouse shall forfeit 3 shill 4 pence to the poor or not being able to pay the same shall sit in the stocks four hours 1 Iac. c. 9. 7 Iac. c. 10. 21 Iac. c. 7. Vide Alehouses 4 Iac. c. 5. Tithes Two Justices of Peace one being of the Quorum upon complaint by any competent Judge of tithes for any misdemeanour of the defendant in a suit of tithes may cause him to be attached and committed to ward till he finde surety by recognizance to obey the sentence and process of the Judge 27 H. 8. c. 7. 27 Eliz. c. 11. Lam. 357 Dal. 141. Upon complaint in writing by an Ecclesiasticall Judge that hath given definitive sentence in case of tithes against one wilfully resusing to pay the tithes or summe of money adjudged two such Justices of P. may cause the party to be attached and imprisoned till he finde surety to perform the sentence 32 H. 8. c. 7. Dal. 144. Lam. 357. Cro. 197. a. nu 22. Miller taking Toll by heaped measure is to be fined 31 Ed. 1. de pistoribus Lam. 461. Miller taking excessive Toll viz. more then the twentieth or twenty fourth part of the Corn according to the force of the water or by a Toll-dish not agreeing with the Kings measure or otherwise then by strike shall be grievously amerced 51 H. 3. c. 3 Cro. 92. a. A Miller shall have Toll of a bushel of hard Corn three wine pints and of a bushel of Malt but one pint if the Corn be brought to the Mill for that a Mill will grinde three bushels of Malt as soon as one bushel of hard Corn Cro. 92. a. Quaere for 51 H. 3. c. 3. doth not express so much Vide Dal. 151. Toll-gatherer for horses taking above a peny for one contract or entring the parties names and that in the same place only where the market or fair is and between ten of the clock in the morning and Sun-setting loseth ten shill and is to answer the party grieved 2 3 P. M. c. 4. Lam. 471 472. Toll-taker not knowing the seller of an horse mare c. the seller may bring one creditable witness that will testifie he knoweth the sellers name mystery and dwelling-dwelling-place and there to enter them with the true price of the horse or loseth 5 l. 31 Eliz. c. 12. Cro. 91. a. Lam. 472. Any giving testimony to the Toll-taker unless he do truly know the same loseth five pound ibid. A thief selleth a stolen horse by a false name and is so entred into the toll-Toll-book such misnaming maketh the sale void Dal. 74. Toll-taker refusing to give to the buyer or taker of such an horse c. a true note in writing of his entry the party paying two pence for the same loseth 5 l. 31 El. c. 12. Transportation Every man may transport corn it being at â—he prices following except it be forbidden by proclamation 1 Iac. c. 25. 21 Iac. c. 28. 3 Car. â— 4. Wheat a quarter 26 shil 8 pence Rie and Pease a quarter 15 shill Barley and Oats a quarter 14 shill Every subject born within the Realm when â—he prices of corn at the times places and â—avens when where the said corn shall be bought shipped or laden exceed not the rates following may carry and transport of his own and buy to sell again in markets or out of markets and to keep or sell or carry or transport any of the said corn from the places where they shall be of such prices unto any parts beyond the seas in amity with his Majesty in English vessels or carry or sell in other places within the Realm except where such transportation shall be forbidden by the Kings Proclamation 3 Car. c. 4. Wheat a quarter 32 shill Rie Pease and Beans a quarter 20 shill Barley a quarter 16 shill Every man may transport any beer when the price of a quarter of Malt exceedeth not 16 shillings Traverse is the denying of the chief matteâ— in an indictment Lam. 540. Traverse upon a forcible entry or detaineâ— found upon presentment quaere before whoâ— the traverse is to be made or tendred Laâ— 158. Notwithstanding offer of traverse upon eâ—quiry of a force the Justice of Peace muâ—â— make the restitution by the statute of 8 H. â— or else deliver or certifie the presentment iâ— the Kings Bench Lam. 158. Dal. 60. Traverse lyeth where one Just of P. alonâ— will take upon him to record a Riot that hâ— seeth and the party shall not be conclude thereby Lam. 182. Traverse of an indictment of felony oâ— treason is not usual Lam. 541. Traverse of an indictment may be beforâ— the Justices of Peace Lamb. 542. If the Couâ—â— where the presentment is found cannot aâ— ward process thereof it cannot receive a traverse of the presentment as a leet of blood shed Lam. 542. That Court that may award process ad respondendum upon an indictment may take â— traverse of it Lam. 543. Presentment of bloodshed found in thâ— Sheriffs turn and sent to the Justices of Peaceâ— cannot be traversed before them Lam. 54â— One of the Enquests presents himself it iâ— not traversable Lam. 543. Where process ad respondendum goeth ouâ— upon an indictment that is traversable thâ— party may offer and have his traverse Lam 542 543. Quaere whether a man be admitted to traverse a presentment except it change him in the freehold Lam. 543. Travelling beyond the Seas Officer of Ports or owner of a Vessel suffering any woman or child under 21 years of age except Sailers ship-boies apprentices or â—actors of Merchants in their trades to go or carrying any of them beyond sea without â—icence of the King or six of the Privy Counâ—el under their hands such Officer of the Ports forfeiteth his office and all his goods and the master of the Vessel his Vessel and â—mprisonment without bail for 12 months and loseth also all his goods 3
the death of a man â—ust find and apprize the Deodand It behoâ—eth the Town to see it forth coming for the â—heriff shall be charged with the price and â—all levy the same on the Town Dal. ibid. â—tam 21. If the slain be under 14 years of age noâ—ing is forfeited as a Deodand Dal ibid. Stam. â—1 c. Homicide by necessity is Commanded Tolerated Commanded An officer doth execution after judgement according to his warrant it is not properly homicide but justice Lam. 234. Dal. 252. If the officer doth not observe order of law it is felony in the officer Dal. ibid. Lam. 240. Stam. 13. If a stranger not lawfully deputed put to death one condemned to die it is felony Dal. ibid. Lam. ibid. It is not lawful for the Judge who codemned him to be put to death ibid. Tolerated One warranted to arrest one indicted â—â— felony upon resistance killeth him Dal. ibid. Lam. 234. Every private person upon hue and cry tâ— take a felon if he resist and will not yield may kill him ibid. Conducters of a felon to the Gaol upoâ— resistance or flight may kill him Dal. 253 Lam. 234. A prisoner in the Gaol attempteth to eâ—cape and striketh the Gaoler he killeth thâ— prisoner it is not felony ibid. Rioters forcible enterers or detainers thâ— shall resist the Justice of Peace or other thâ— Kings officers will not yield themselves being slain it is no felony Cro. 23. b. nu 2â— 30. b. 158. b. Lam. 235. Dal. 253. If an officer by virtue of the Kings proceâ—â— arresting one for debt or trespass is resistâ—â— and killeth the resister it hath been taken â— be no felony Dal. 253. Cro. 24. a. 30. b. Quaeâ— Cok. lib. 4. fol. 40. 41. To kill a true man in defence of house lands or goods is homicide by necessity Dal. 254. In all these former cases there must be inevitable necessity that the offender could not be taken without killing Dal. 253. Horses and Mares Any Justice may hear and take the claim of the owner of any horse c. which was stollen within six months after the sail thereof the proof to be made by two witnesses upon oath within forty daies next ensuing the said claim Dal. 73. Lam. 203. 31. Eliz. c. 12. The Justice of Peace may minister an oath to the buyer what money he paid bonâ fide so as the right owner repaying his mony may have his horse again Dal. ibid. Owner officer or ruler of any fair is to appoint an open place for sale of horses c. and a sufficient person to take toll or lose forty shillings for every fault and answer the party grieved 2 3 P. M. c. 4. Lam. 471. The sale of every horse not being according to the stat in every point is void Dal. 73. Lam. 472. 1. The horse must be one hour at the least in the place of the open fair 2. All the parties to the bargain being in â—he fair must come with the horse to the book-keeper 3. The book-keeper must take perfect knowledge of the seller and of the voucher of the Christian name surname mystery and place of dwelling 4. The voucher must know the seller indeed and declare to the book-keeper the Christian name surname mystery and dwelling as well of himselfe as of the seller 5. The book-keeper must make a true and perfect entry of the sellers name and place of dwelling c. and of the true price forfeiture 31 El. c. 12. Every contract for a stollen horse out of the fair is void though it be after booked Dal. 74. A sale in open market shall not take away the owners property the buyer knowing that it was anothers Dal. ibid. All horses and all other goods are to be sold in such a place or shop as is commonly used for the selling of goods of the same kind to alter the property Dal. ibid. A thief selleth a stollen horse by a false name and is so entred in the toll-toll-book such mis-naming maketh the sale void against the owner Dal. 74. Horse-bread Inholder in a corporate or market Town where there is a common baker that hath been an apprentice therein seven years may not make horse-bread within his house 32 H. 8. 41. 21. Jac. c. 21. Inholder or ostler in a thorow fair Town being no City town corporate or market town being a baker and one that hath been an apprentice therein seven years may make horse-bread within his house 21 Jac cap. 21. The horse-bread must be sufficient lawful and of due assize according to the price oâ— corn 21 Jac. 21. Penalty 1. Fine 2. Imprisonment for a month without bail 3. Stand in the Pillory without redemption of money 4. Forejudged for keeping Inne again 21 Jac. c. 21. Vide Inne-holder Hospital The Bishop and his Chancellour with two Justices of Peace next inhabiting may charge â—he collectors of a revenue of an Hospital upon a pain presently to account and to imploy the surplusage to the use of the Hospital Lam. 356. 14. Eliz. c. 5. 39 El. c. 18. Hospitality vide Religious house House 1. A mans house is his castle for defence Dal. 209. 2. It protecteth against any arrest at the suit of any subject ibid. 3. In some cases it is a privilege against the Kings Prerogative for it hath been adjudged that Salt-peter men may not digge in a Mansion-house without the owners consent ibid. Coke lib. 11. fol. 82. Thieves or murderers attemping to rob or murder a man in his house he may assemble company and kill any of them and forfeiteth nothing ibid. He may beat him that will enter upon hâ—s possession but may not kill him Quaere if he may hire strangers to aid him or put his ordinary company in armour Dal. 209. Vide plus Homicide House of Correction House of Correction with implements and backsides fitting for setting on work idle persons to be erected and provided in a convenient place in every County before Michaelmas 1611. the same to be conveyed over to such as by the greatest part of the Justices at the Quarter-Sessions shall be chosen to be imployed for setting on work idle and disorderly persons on pain of 5 li. for every Justice of Peace the one moiety to the informer the other towards the erecting of the house â— Jac. c. 4. Master of the said house to be appointed by most of the Justices at the Quarter Sessions next after providing of the said house who is to set on work and moderately to correct by whipping or fettering such persons as shall be sent to him 7 lac c. 4. Master of the house of correction giving sufficient security for performance and continuance of his service is to have yearly such money as by most of the Justices at the Q. Sessions shall be thought meet to be paid quarterly by the Treasurer or else the master to levy it in such sort as the Treasurer may 7 Jac. c. 4. Constables shall appear before the Justices