gathered together or else it can be no Riot Rout or unlawfull assembly within the meaning of these statutes 6. But an assembly of an hundred persons or more yea though they be in armour yet if it be not in terrorem populi and were assembled without any intent to breake the peace it is not prohibited by any of these statutes Cromp. 6â— P. R. 2â— The intent Cromp. 61. Dalton 201. 7. For it seemeth it can be no Riot c. except there be an intent precedent to doe some unlawfull Act and with violence or force 8. And therefore if diverse be assembled aâ—d none of them doe know to what end or purpose they are met this can make no riot or Rout till the intent be knowne 9. If the master intending to make a Riot taketh with him his ordinary servants and maketh an affray or other outrage with them this is no Riot in the servants Ibid. except their master had made them privie to his intent before but the master only shall be punished for the riot and the servants as trespassers 10. And in this former case it is not materiall though the number of his servants which goe with him be above his degree so long as they be his houshold servants P. R. 25. Cromp. â—â— 11. If diverse being lawfully assembled shall quarrell or fall out upon the sudden without any such former intent this is no riot but a sudden Affray Dalton p. â—â—â— 12. If divers bee at an Alehouse and without any intention of an Affray they suddenly fall together by the Eares this is no riot but a sudden affray because they had no such intention before 13. If a Iury being together shall fall out and fight Ibid. this is no riot because they were lawfully assembled but it is a great misdemeanor for which they shall be fyned and imprisoned 14. Also where there be three or more gathered together 〈◊〉 201. either to execute the Iustice of the Law or for the exercise of valouâ— and triall of activity 3. H. 7. 1. Br. Riots 2. or for the increase of amitie and neighbourly friendship and being met without any intent to breake or disturbe the peace or to offer violence or hurt to the person of any such assemblies be not prohibited by any statute nor unlawfull as if the Sheriffe undersheriffe bailiffe or other officer shall take power what number he shall thinke good to execute the Kings processe this is no unlawfull assembly 15. So it is a lawfull assembly which is gathered together to run at Tilt c. by the Kings commandement 16. So the assembly of people and their use of harnesse upon usuall dayes in Dublin Dalton 202. and other Citties and Townes being onely for disport or exercise of Armes is lawfull and though it be with a great assembly of people and in armour yet it being neither in terrorem populi nor to doe any act with force or violence against the peace it is lawfull 17. Also if divers doe assemble and gather together Ibid. to drinke at an Alehouse or to play at foot-ball bucklers beare or bullbaitings dancings Bowles Cards or Dice or such like disports that is no Riot nor prohibited for these meetings usually are not with any intent to offer or doe violence or hurt to the person possessions or goods of any other neither are they malum in se but if these be done upon the Sabboth day they are misdemeanors and sufficient cause to bind the offendors to the good behaviour and so it is of keeping faires and markets upon the Sabboth day 18. Ibid. But if any of the persons assembled together for any the disports above mentioned or for the like came with an intent or purpose to breake or disturbe the peace or to offer violence or hurt to the person of any and shall make an affray or doe any other outrage this seemeth to be a riot in so many as came with any such unlawfull intent or purpose 19. P. R. 25. And if any of the persons assembled together to drinke or play at an Alehouse or for any the disports above mentioned or the like shall fall out suddenly without any former intention of an affray and in that their falling out they shall betake themselves to sundry parts and shall make an affray this seemeth to be no Riot Dalton p. â—02â— for that it was without any such intent before their said assembly and done only upon the sudden and upon a sudden occasion happening after their said meeting and againe their said assembly was at the first lawfull or at least not prohibited by any of these statutes nor yet by the common Law 20. But otherwise if by agreement they shall meet againe and fight afterwards Ibid. that maketh it a Riot as being a new assembly upon the former quarrell and so their second meeting was upon an intent precedent to doe an evill Act. 21. Now concerning the lawfulnesse or unlawfulnesse of the Act Lawfulnesse of the Act. it is to be observed that lawfulnesse or unlawfulnesse of the thing done or intended doth not alwayes excuse or accuse the parties to a Riot c. but so that the manner and circumstances of the fact must also be considered Br. Riots 1. 22. For every man may assemble company to aide him in his house against injury or violence but if a man be threatned that if he come to such a place he shall be beaten in this case if he shall assemble any company to goe thither with him though it be to the safegard of his person it seemeth to be within the compasse of these statutes and unlawfull Br. Riots 1. Cromp. 66. 23. Every man in peaceable manner may assemble meete company and may come to doe any lawfull thing or to remove or cast downe any common nusance done to them Co. 5. 101. 9. 55. 24. Every private man to whose house or land any nusans shall be erected made or done may in peaceable manner assemble a meete company with necessary tooles and may remove pull or cast down such nusans and that before any prejudice received thereby and for that purpose if need be may also enter into the other mans ground 36. Eliz. Cromp. 66. 25. A man erects a weare crosse a common Ryver where people have a common passage with their boats and diverse did assemble with spades Crowes of Iron and other things necessary to remove the said Weare and made a Trench in his land that did erect the weare to turne the water so as they might the better take up the said weare and they did remove the said nusans this was holden neither any forceible Entry nor yet any Riot Dalton 203. 26. But in the cases aforesaid if in removing any such nusans c. the persons so assembled shall use any threatning words as to say they will doe it in despight of the other or they will
Peace there he shall be by the Iustice imprisoned in the gaole of the County where he is taken and after shall be removed by the Kings writ into the gaole of the County where he committed the felony but for those that do informe against such felons the said Iustice shall binde such Informers over to appeare and to give Evidence against such felons at the next generall gaole delivery to be holden in that County where the tryall of such murder or felony shall be whither also the said Iustice must certifie such information taken by him 3. If a man committeth a robbery or stealeth a horse 4 H. 7. 5. â—4 H 8. Br. Cor. 171. Co. 7. 2. beast or other goods in one County and doth carry leade or drive the goods into another County it is felony in every County whither he doth carry or drive those goods and the offendor may be indicted or appealed of felony or theft and be arraigned and have his judgement in any of those Counties but the offendor cannot be appealed or indicted of robbery but only in the County where the robbery was done for it is not robbery in any other County for Robbery must be done to the person of a man 4. If a felon doe steale another mans goods 11. E. 4. 3. 4. H. 7. 5. and after another stealeth the same from him the owner of the goods may charge the first or second felon at his choice 5. P.R. 130. Also if a man shall deliver cloth to a Taylor to make a garment if the cloth be stolne from the Taylor the offendor may be charged and indicted for stealing the same either at the owners suite or at the Taylors 6. Also an indictment may be Dyer 99. Quod bona Catalla cujusdam hominis ignoti felonice cepit and in such case any man may both informe the Court and by their direction may preferre an indictment against the felon and give Evidence to the Enquest therein And so if the owner be knowne and will not charge the felon therewith any other person especially after proclamation made in the Court that if any will enforme for the King Stamf. 163. he shall be heard may safely informe the Court preferre an indictment and give in Evidence for the King against the felon because it is for the K. advantage to have the forfeiture of the felons goods and in the two former cases if the Iu. of P. shall heare of any person that can informe any materiall thing against such a felon or against any felon the Iu. in his discretion may send for him take his information and may bind him to give evidence against such felon Dalton pag. 265. 7. Also if any robbery or Theft be committed and the party robbed or other owner of the goods will not charge the felon therewith yet every Iust of P. may cause such felon or any person suspected for such felony to be apprehended and may examine them thereof and also may send aswell for the party robbed c. as for all such other persons as can informe any thing materiall concerning the said felony and may take their informations upon oath and if upon such examination he shall finde cause the said Iustice may commit the offendors and binde over the informers 8. Note also for the better prevention and apprehending of felons that upon all homicides Huy Cry 3. E 1. c. 9. burglaries robberies and other felonies and when men are put in great danger Huy and Cry shall be levyed P. Fel. 38. Huy Cry 1. and every man shal I follow the Huy and Cry and whosoever doth not shall be attached to appeare before the Iu. of gaole delivery and any Iu. of P. may bind them over by the Commission of the peace 3. Ed. 1. c. 9. yea upon any felony committed all men generally shall be ready at the commandement of the Sheriffe or Constable and at the cry of the countrey to pursue and arrest felons upon paine to bee grievously fined 13. Ed. 1. c. 1. 2. 28 E. 3. c. 11. 9. And such Huy and Cry and pursuit shall bee made from towne to Towne and from Countrey to Countrey and shall be made by horsemen and footmen and in case of robbery if none of the felons be taken within Forty dayes after the felony committed 11. Caroli c. 13. in Ireland then the whole hundred where the robbery was done shall answere for the robbery done See Br. deâ— 104. and the damages but yet the inhabitants of any other hundred wherein negligence fault or defect of pursuit and fresh suite shall happen to be shall answere and satisfie the one moitie and halfe of all and every such summes of money and damages 3. H. 7. c. 1. Co. 7. 6. b. 10. And if a man be slaine in the day time in a Towne not walled and the murderer or manslayer escape the whole Towne shall be amerced for this escape But if it be in a City or Towne walled then if the murder or manslaughter were by day or by night they shall be amerced for the escape Fitz. Coron 238. 293. 302. Stamf. 33. l. 3. H. 7. 1. P. Coroners 13. 11. And if a man be slaine in the day time out of any Towne then the hundred shall be charged therewith and for the insufficiency of the hundred all the County shall be charged c. Stamford 34. f. yet see Dyer 210. b. that the towneship shall be amerced for the escape although the murder were committed in the fields of the Towne or in a lane c. and the Iust of P. are to inquire of such escapes and to certifie the same into the K. Bench. P. Iustices 19. 12. Also every man is a sufficient Bailiffe and officer to apprehend him that is pursued by Huy and Cry P.R. 156. and if he be taken with the thing supposed to be stolne though he neither be of evill fame nor a stranger yet every man may commit aswell such suspected person as also such goods to the Towne where they be apprehended to answere to the King according to the Law And the Constables of the Towne are to carry before some Iustice of peace aswell such prisoners as also the bringers that the Iustice may take there Information against such prisoner and may examine and commit such offendor or person so suspected 13. Dalton pag. 266. But if a man doe levy Huy and Cry upon another without cause both the one and the other shall be attached and carryed before a Iu. of P. to answere it as disturbers of the peace and to be bound to their good behaviour 14. Note also that the Kings officer may breake open any mans house to apprehend any felon 9. Ed. 4. 9. Co. 5. 92. or any person that is suspected of felony being in the said house 15. Watch. And for the better detecting and apprehending of such offendors in great Townes
of their worke in grosse with such labourers and Artificers when please them so that they performe such workes well and lawfully according to the bargaine or Covenant with them thereof made Anno 34. Ed. 3. cap. 9. 15. Of Labourers and Artificers that absent them out of their services in other Townes or another County the party shall have the suit before the Iustices and that the Sheriffe take him at the first day as is contained in the statute if he be found and doe of him execution as afore is said and if he returne that he is not found he shall have an Exigent at the first day and the same pursue till he be outlawed and after the Outlarie a writ of the same Iustices shall be sent to every Sheriffe of Ireland that the party will sue to take him and to send him to the Sheriffe of the County where he is outlawed and when he shall be there brought he shall have there imprisonment till he will justifie himselfe and have made gree to the party and neverthelesse for the falsitie he shall be burnt in the forehead with an Iron made and formed to this letter F. in token of falsitie if the party grieved the same will sue but this burning is not to be executed unlesse it be by the advice of the Iustices and the Iron shall abide in the custody of the Sheriffe And that the Sheriffe and some Bailiffe of the Franchise be attending to the plaintiffe to put this ordinance in execution upon paine aforesaid and that no labourer servant nor Artificer shall take no manner of wages the festivall dayes Anno 34. Ed. 3. ca. 10. 16. If any labourer servant or Artificer absent himselfe in any City or Burrough and the party plainetiffe come to the Mayor and Bailiffes and require delivery of his servant they shall make him delivery without delay and if they refuse to doe the same the party shall have his suit against the Mayors and Bailiffes before the Iustices of Labourers which the Iustices of peace by their Commission now are and if they be thereof attainted they shall pay to the King 10. l. and to the party 100. s. Anno 34. Ed. 3. cap. 11. 17. The statutes and ordinances made of labourers and Artificers be holden and kept and duely executed and thereupon Commission shall be made to the Iustices of peace in every County to heare and determine the points of the said statutes and to award damages at the suit of the party according to the quantitie of his Trespasse Anno 42. Ed. 3. cap. 6. 18. All the statutes of Artificers Labourers Servants and Victualers made aswell in the time of our Soveraigne Lord the King that now is as in the time of his noble grandfather whom God assoile not repealed shall be firmely holden and kept and duely executed and that the said Artificers Labourers Servants and Victualers be duely justified by the Iustices of peace aswell at the suit of the King as of the party according as the said Statutes require and that the Mayors Bailiffes and Stewards of Lords and Constables of Townes doe duely their offices touching such Artificers Servants Labourers and Victualers and that a paire of Stocks be in every Towne to justifie the same Servants and Labourers as is ordained in the said statutes And moreover it is ordained and assented that no Servant nor Labourer be he man or woman shall depart at the end of his Terme out of the hundred Rape or Weapontake where he is dwelling to serve or dwell elsewhere or by colour to goe from thence in pilgrimage unlesse he bring a letter patent containing the cause of his going and the time of his Terme if he ought to returne under the Kings Seale which for this intent shall be assigned and delivered to the keeping of some good man of the hundred Rape Wapentake City or Borrough after the discretion of the Iustices of peace to be kept and lawfully to make such letters when it needeth and not in any other manner by his owne Oath and that about the same Seale shall be written the name of the County and overtwhart the said Seale the name of the hundred Rape or Wapentake City or Borrough and also if any Servant or Labourer be found in any City or Borrough or elsewhere comming from any place wandring without such letter he shall be forthwith taken by the said Mayors Bailiffes Stewards or Constables and put in the Stocks and kept till he hath found surety to returne to his service or to serve or labour in the Towne from whence he came till he have such letter to depart for a reasonable cause and it is to be remembred that a Servant or Labourer may freely depart out of his service at the end of his Terme and to serve in another place so that he be in a certainty with whom and shall have such a letter as before but the meaning of this ordinance is not that any Servants which shall ride or goe in the businesse of their Lords or Masters shall be comprised within the same ordinance for the time of the same businesse and if any beare such letter which may be found forged or false he shall have imprisonment of Forty dayes for the falsity and further till he hath found surety to returne or serve to labour as is aforesaid and that none receive Servant or Labourer going out of their hundred Rape or Wapentake City or Borrough without letter Testimoniall nor with letter Testimoniall above one night except it be for cause of sicknesse or other cause reasonable or which will and may serve and labour thereby the fame Testimoniall upon a paine to be limitted by the Iustice of peace that aswell Artificers and people of mistery as servants and apprentices which be of no great avoyer and of which craft or mistery a man hath no great need in harvest time shall be compelled to serve in harvest to cut gather and bring in Corne and that these statutes be duly executed by Mayors Bailiffes Stewards and Constables of Townes upon paine limitted and judged by the said Iustices of peace in their Sessions and that no man take above a peny for the making Sealing and delivering of such letter Anno 12. Ric. 2. cap. 2. 19. That the ordinances aforesaid of Servants and Labourers Beggers and Vagabonds shall hold place and be executed aswell in Cities and Borroughes as in other Counties and places within the Realme aswell within the Franchises as without and that the Sheriffes Mayors Bailiffes and keepers of the Gaoles shall be holden and charged to receive the said Servants Labourers Beggers Vagabonds and to keepe them in prison in the forme aforesaid without letting to mainprise or to baile and without Fee or any other thing taking of them by themselfe or by any other as long as they be so imprisoned or at their going forth upon paine to pay an hundred shillings to our soveraigne Lord the King Anno 12. R. 2.
be intended of men travailed Travailed men that goe begging through the Countrey after their arrivall 6. Also by a statute made in Ireland in Anno 33. H. 8. ca. 14. 33. H 8. ca. 148 in Ireland It is ordained that where in all places throughout this realme of Ireland Vagabonds and beggers have of long time encreased and daily doe encrease in great and excessive numbers by the occasion of idlenesse mother and root of all vices whereby hath insurged and sprung and daily insueth and springeth continuall thefts murders and sundry other heynous offences and great enormities to the high displeasure of God the inquietation and damage of the Kings people and to marvellous disturbances of the common wealth of this realme and whereas many and sundry good lawes strait statutes and ordinances have beene before this time devised and made as well by the said King H. 8. as also by divers his most noble progenitors Kings of England for the most necessary and due reformation of the premisses yet that notwithstanding the said number of Vagabonds and beggars be not seene in any part to be minished but rather daily augmented and increased into great Routs and companies the Iustices of peace of all and singular the shires within the limits of their Commissions and all other Iustices of peace Mayors Sheriffes bailiffes and other officers of all and every Citty Borrough Ridings or Franchises within the realme of Ireland within the limits of their authoritie shall from time to time as often as need shall require by their discretions divide themselves within the said shires Citties boroughs ridings or Franchises whereof they be Iustices of peace Mayors sheriffes bailiffes or officers and so being divided shall make diligent search and enquirie of all aged poore and impotent persons which live or of necessitie are compelled to live by almes of the charitie of the people that be or shall be hereafter abiding within every hundred rape wapentake Cittie borough parish libertie or Franchises within the limits of their division and after and upon such search made the said Iustices of peace Mayors Sheriffes bailiffes and other Officers that is to say every of them in the limits of their authorities whereunto they are divided shall have power and authoritie by their discretions to enable to begge within such hundred rape or wapentake Citty Towne parish or other limits as they shall appoint such of the impotent persons which they shall finde and thinke most convenient within the limits of their division to live of the charitie and almes of the people and to give in commandement to every such aged and impotent begger by them enabled that none of them shall begge without the limits to them so appointed and shall also register and write the names of every such impotent begger by them appointed in a bill or roll indented the one part thereof to remaine with themselves and the other part by them to be certified before the Iâ—â—tices of peace at the next Sessions after such search had to be holden within the said shires Cities Townes or Franchise there to remaine under the keeping of the Custos Rotulorum and that the said Iustices of peace Mayors Sheriffes bailiffes and other officers that is to say as they be divided shall have power and authoritie to make such and so many seales to be engraved with the names of the hundreds rapes wapentakes Cities Boroughs townes or places within the which they shall appoint and limit every such impotent person to begge and commit the said feales to the custodie of such of them or to the custodie of such a one as they shall thinke convenient and shall make and deliver to every such impotent persons by them enabled to beg a letter containing the name of such impotent person and witnessing that he is authorised to begge and the limits within which he is appointed to begge the same letter to be sealed with such of the said seales as shall be engraved with the names of the limit wherein such impotent person shall be appointed to begge in and to be subscribed with the name of one of the said Iustices or officers aforesaid and if any such impotent person so authorished to begge doe begge in any other place then within such limits that he shall be assigned unto that then the Iustices of peace Maiors Sheriffes Bailiffes Constables and other the Kings officers and ministers shall by their discretions punish all such persons by imprisonment in the stocks by the space of two dayes and two nights giving them onely but bread and water and after that cause every impotent person to be sworne to returne againe without delay to the hundred rape wapentake City Burrough Towne Parish or Franchises where they be authorised to begge in and that no such impotent person as is above said shal begge within any part of this Realme except he be authorised by writing under seale as is abovesaid and if any such impotent person be vagrant and going a begging having no such letter under seale as is above specified that then the Constables and all other inhabitants within such Towne or Parish where such person shall begge shall cause every such begger to be taken and brought to the next Iustice of peace or high Constable of the hundred and thereupon the said Iustice of peace or high Constable shall command the said Constables and other inhabitants of the Towne or Parish which shall bring before him any such begger that they shall strip him naked from the middle upward and cause him to be whipped within the Towne where he was taken or within some other Towne where the same Iustice or high Constable shall appoint if it shall seeme to the discretion of the said Iustice of peace or high Constable that it be convenient so to punish such begger to him brought and if not then to command such beggar to be set in the Stocks in the same Parish where he was taken by the space of three dayes and nights there to have only bread and water and thereupon the said Iustice or high Constable before whom such begger shall be brought shall limit to him a place to begge in and give to him a letter under seale in forme above remembred and sweare him to depart and repaire thither immediately after his punishment to him executed and that if any person or persons being whole and mighty in body and able to labour be taken in begging in any part of this Realme or if any man or woman being whole and mighty in body and able to labour having no land master nor using any lawfull merchandize craft or mysterie whereby he might get his living be vagrant and can give no reckoning how he doth lawfully get his living that then it shall be lawfull to the Constables and all other the Kings officers ministers and subjects of every Towne Parish and Hamlet to arrest the said Vagabonds and idle persons and them bring to any of the Iustices of
most worthy to be commended to the care of the Iustices of Peace 19. Iustices of peace at this day in Ireland are of two sorts and are appointed or created by two severall meanes videlicet The one by grant made by the King by Charter under the great seale By Charter Br. Commiss 5. as Mayors and chiefe Officers in divers corporate Townes And such the King cannot discharge againe at his pleasure but they shall continue and enjoy their Iurisdiction according as their Charters doe enable them And therefore if the King grant to a Mayor or other head Officer of a City or corporate Towne and to their Successors to bee Iustices of peace in their City or Towne and after maketh out a Commission of the peace to others there yet the authoritie and Iurisdiction of the Mayor c. remaineth good for that it was granted to them and their successors and is not revocable at the Kings pleasure as a Commission of the peace is And such Iustices of peace by Charter have thereby the same power that the Conservators of the peace had by the Common law And it seemeth such power also as is given to the Iustices of peace or to any one Iustice of peace by expresse words in any statute but none of them have thereby the whole power which is ordinarily given to the Commissioners of the peace by their Commission 20. The other sort of Iustices of peace are by Commission By Commission made of common course under the great seale and these are appointed by the discretion of the Lord Chancellour but the authority of these Commissioners of the peace doth determine by divers meanes yet more usually by three meanes First by the death of the King or by his Resignation of the Crowne Secondly at the Kings pleasure and that in two sorts Either by the Kings pleasure expressed as the King in expresse words may discharge them by his writ under the great seale or by Supersedeas 5. E. 4. â—2 Br Commis 1â— 12. Ass 2â— Br. Commis 13 Br. Commiss 20. â—â— but the Supersedeas doth but suspend their authoritie which may be revived by a procedendo Or by implication as by making other Commissioners of the same kinde and within the same limits leaving out the ancient Commissioners names 10. Ed. 4. 7. 3. Mar. 1. 21. But here the ancient Commissioners must have knowledge of such new Commission for this determination of the old Commission Br. Commiss 2. groweth not immediately by the making of the new Commission but either by giving speciall notice of the new Commission unto the old Commissioners Or else by and after the reading or proclaiming of the new Commission at the Assises Sessions of the peace or at the full County Or else by holding of some open Sessions by vertue of the new Commission in which two last cases the old Commissioners must take notice of the new Commission And in all these cases if the ancient Commissioners doe sit by vertue of their ancient Commission after such notice or publishing of the new Commission whatsoever such ancient Commissioners shall so doe is voide And contrariwise untill such notice or publishing of the new Commission whatsoever meane Acts such ancient Commissioners shall so doe by vertue of their ancient Commission the same are good in Law 34. Ass p. S. Br. Commiss 14. 22. 11. H. 6. ca. â— Also in all cases where an ancient Commission of the peace is determined by a new yet no proce's or suit depending before the old Commissioners shall be discontinued thereby neither shall any other thing done by the Iustices of the peace by force of their ancient Commission be made or become voide thereby Br. Com. 19. 21 Br. Offic. 15. 23. Note also that although by the death of the King or by his resignation the authoritie of all Iustices of peace yea and of all Iudges Dyer 165. Co. 7. 30. Br. Com. 5. Commissioners of Oyer and Termyner Commissioners of Gaole-delivery Sheriffes Escheators and other Officers that are by Commission doth cease yet Mayors and chiefe Officers in Citties and corporate Townes which have the authoritie of Iustice of peace or of the conservation of the peace by Charter to them and their Successors their authoritie still remaineth notwithstanding the Kings death or resignation 24. So also the authoritie of the high Constables and pettie Constables remaineth notwithstanding the death of the King c. for that their authoritie is by the common Law and to their said Office the conservation of the peace remaineth as a thing incident and unseparable from the same 4. E. 4. 44. Br Offic. 25. Dyer 165. 25. Coroners also do remaine Conservators of the peace within the County where they are Coroners notwithstanding the Kings death c. for they are made by the Kings Writ and not by Commission and their office and authoritie doth remaine untill they be removed by the Kings Writ and their office remaining the conservation of the peace remaineth as incident thereto Their oathes 26. Every Iustice of peace before he shall take upon him to exercise the office of a Iustice of Peace shall take two corporall oaths the one concerning the office of a Iustice of peace the other concerning the Kings supremacie 27. The oath concerning the office seemeth to be by force of the statute made 13. R. 2. ca. 7. the forme whereof as it now is followeth in these words viz 28. Ye shall sweare that as Iustice of the peace in the County of Dublin in all Articles of the Kings Commission to you directed you shall doe equall right to the poore and to the rich after your running wit and power and after the lawes and customes of the realme and statutes thereof made And ye shall not bee of Councell of any quarrell hanging before you And that yee hold your Sessions after the forme of the Statutes thereof made And the Issues Fynes and Amerciaments that shall happen to be made and all Forfeitures which shall fall before you ye shall cause to be entred without any concealement or imbesilling and truely send them to the Kings Exchequer ye shall not let for gift or other cause but well and truly you shall doe your office of Iustice of the peace in that behalfe and that you take nothing for your office of Iustice of the peace to be done but of the King and Fees accustomed and costs limitted by the statute and ye shall not direct nor cause to be directed any warrant by you to bee made to the parties but ye shall direct them to the Bailiffes of the said County or other the Kings Officers or Ministers or other indifferent persons to doe execution thereof So help you God c. 29. The parts of this Oath are shortly sixe 1. That they shall doe equall right to rich and poore and according to the lawes and statutes of the realme 2. That they shall not be of Counsell with any person
cases therefore where the statutes do referre the Triall of offendors or hearing and determining of offences to the discretion of the Iustice or Iustices of peace out of Sessions it is very requisite that upon such tryall or hearing the said Iustices take due examination of the offendors themselves or of credible witnesses aswell concerning the fact it selfe as the circumstances thereof and upon confession or other due proofe of the offence Then to proceede according to Law and Iustice 10. Note that in all cases where the statute referreth the trial c. to the discretion of the Iustices the said statutes themselves do also enable the said Iust of P. to take the examination of witnesses upon oath 11. Note further that the Iustices of peace out of their Sessions are now armed with farre more ample authority and power than the ancient Conservators of the peace were For the Iustices of peace have double power given them The one of Iurisdiction to convent the offendors before them by their warrant in diverse cases to examine heare and determine the cause The other of coertion sc that after the cause hard to constraine them to the obedience and observance of their order and decree which notwithstanding must be according to the rules of Law and Iustice as aforesaid Whereas the ancient conservatours of the peace had no Iurisdiction or authoriâ—ie at all either to convent the offendor before them or to examine heare or determine the cause but had onely coertion prehension or punishment of an offendour in some few cases Plo. 37. And here I must further put the Iustices of peace in minde that their authoritie and power is limited to be by them exercised only within the County or Countyes where they be in Commission And yet in that or those County or Countyes the Iustices of peace of the County must not intermedle in any City there which is a County of it selfe Nor in any City or corporate Towne there though it be no County of it selfe but within the County which have their proper Iustices of peace within themselves by the Kings Charter or Commission Cromp. 8. 181. especially if in such Charter there be any speciall words of prohibition that the Iustices of the shire Non se intromittant c. except such Country Iustices shall also be in Commission in such City or Towne corporate 12. But in other corporate Townes which have not their proper Iustices of peace Cromp. ib. As also in all liberties and Franchises within the County which have the returne of writs but have not their proper Iustices there the Iustices of peace of the County ought to execute their authoritie and that by the words of their Commission 13. Againe if a parish shall extend into two or more Counties Or if part thereof shall lye within the liberties of any City or Towne corporate which have their proper Iustices and part without Then aswell the Iustices of peace of every County as also the Iustices or officers of such City or Towne corporate shall intermedle only within their owne proper and distinct limits bounds sc within so much of the said parish Co. 4. 46. c. as lyeth within their severall liberties and limits and not to inuade or deale in other jurisdictions for it shal be against Law reason where offices and Iurisdictions are severall that the one should intermedle within the Iurisdiction of the other 14. Neither shall any Iustice of peace deale in or punish any trespasse Vbi quis delinquet ibi puniet or other like offence coÌ„mitted in any other County against any penall statute though such offendor shal be brought before him Except the statute shall specially enable them thereto or that it be for matters of the peace or in cases of felonie or Treason in which cases onely he may take examinations both of the offendour and accusers and commit the offendours to prison and security for the peace if it be offred 15. Neither shall any Iustice of peace for the time that he shall make his abode or be out of the County where he is in Commission exercise his office For being out of the County where he is in Commission he is but a private man 16. Now my purpose is to set downe more particularly what things Iustices of peace out of their Sessions of the peace may do in the execution of their Commission or of the statutes wherewith they are charged And herein you must observe that some things are permitted to be executed by any one two or more Iustices either in regard that such Iustice or Iustices is or are next to the place or are of the Quorum or the like 17. And here note that whatsoever any one Iustice of peace alone may doe either for the keeping of the peace or in other execution of the Commission or statutes the same also may lawfully be done and performed by any two or more Iustices 18. But where the Law giveth authority to Two Co. li. 4. fo 46. there one alone cannot execute this for una persona non potest supplere vicem duarum Et plus vident Oculi quam oculus 19. Also when things by statute are appropriated to some one certaine Iustice or to more Co. li. 11. fo 92. there such Iustice or Iustices are to pursue such their authoritie accordingly for where an authoritie is given to foure or to one of them if two of them shall execute this it seemeth they have not pursued their authoritie 20. Plo. fo 206. 6. Besides there seemeth a generall rule to be put in Stradlings case in M. Plo. that when a thing is appointed by any statute to be done by or before one person See Co. li. 11. fo 59. 64. certaine that such thing cannot be done by or before any other But that it ought to be done as the statute hath appointed and by such expresse designation of one or power given to one certaine person all others are excluded 21. And in such things appropriate to some one or more Iustices of peace if without such Iustice or Iustices all or any of the residue of the Iustices of that County shall intermedle therein Such their doings is no wayes warrantable and in such their proceedings there is no necessitie to obey them as being no lawfull Iudges of the cause 22. Now having made a briefe declaration of the office of Iustices of the peace in generall by way of Introduction I shall proceede to the particulars of their imployment in severall Titles according to the Alphabet Affray CHAP. 1. 1. AFfray is derived of the French-word Effrayer which signifieth to terrifie or bring feare and which the Law understandeth to be a common wrong and therefore I will shew you what every man may doe in such cases Every private man 2. Every private man being present before or in and during the time of an Affray ought to stay the Affrayors and to part them
shall seeme by their discretions to be necessary convenient for the speedy amendment erecting and making of such Bridges Causeys and Toghers every or any of them And where in many parts of this Realme it cannot be knowne and proved what County Barony Citty Burrough Towne or parish nor what person certaine or body politique ought of right to make or repaire such Bridges Causeys or Toghers by reason wherof such Bridges Causeys Toghers for lacke of knowledge of such as ought to make or repaire them for the most part lye without making or repairing to the great annoyance of the Kings subjects It is further enacted that in every such case the said Bridges Causeys and Toghers if they be without Citty or Towne corporate shall be made by the Inhabitants of the Shire or Barony within the which the said Bridges Causeys and Toghers shal happen to be in decay or thought fit to be newly erected or made And if within any City or Towne corporate which is a County of it selfe then by the Inhabitants of every such City or Town corporate wherein such Bridges Causeys Toghers or any of them happen to be in decay or thought fit to be newly erected made and if within a Towne corporate which is no County then by the County or Barony wherein such Bridges Causeys or Toghers shall happen to be or thought fit to be newly erected and if part of any such Bridges Causeys and Toghers or any of them happen to be in one County and the other part thereof in another County that then in every such case the Inhabitants of both the said Counties shall be charged and chargeable to amend make and repaire such part and portion of such Bridges Causeys Toghers or any of them as shall lie and be within the limits of the Shire wherein they be inhabiting and dwelling 8. And it is further enacted that in every such case the said Iustices of Assise in their Circuits and the said Iustices of the peace in the Quarter Sessions respectively with the assent of the Grand Iury shall have power and authority to taxe and set every Inhabitant in any such County Barony Citty Burrough Towne or parish within the limits of their Commissions and authorities to such reasonable aide and summe of money as they shall thinke by ther discretions convenient and sufficient for the new building repairing re-edifying and amendment of such Bridges Causeys and Toghers and after such taxations made the Iustices of Assize and Iustices of peace respectively shall cause the names and summes of every particular person so by them taxed to be written in a Rolle indented and shall also have power and authority to make two Collectors of every Barony Citty Burrough Towne or Parish for collection of all such summes of money by them set and taxed with Collectors receiving the one part of the said Rolle indented under the seales of the said Iustices shall have power and authority to collect and receive all the particular summes of money therein contained and to distraine every such Inhabitants as shall be taxed and refuse payment thereof in his lands goods and Chattells and to sell such distresse and of the sale thereof retaine and perceive all the money taxed and the residue if the distresse be better to deliver to the owner thereof And that the same Iustices of Assize and Iustices of the peace respectively within the limits of their Commissions and authorities shall also have power and authority to name and appoint two Surveyors which shall see every such Bridge Causey and Togher builded repaired and amended from time to time as often as need shall require to whose hands the said Collectors shall pay the said summes of money taxed and by them received And that the Collectors and Surveyors and every of them and their Executors and administrators and the Executors and administrators of them and every of them from time to time shall at the publique Sessions of the peace make a true declaration and accompt to the Iustices of peace of the Shire Citty or Towne corporate wherein they shall be appointed Collectors or Surveyors of the receipts payments and expences of the said summes of money And if they or any of them refuse that to doe that then the Iustices of the peace from time to time by their discretions shall have power and authority to make processe against the said Collectors and Surveyors and every of them their Executors and administrators and the Executors and administrators of every of them by Attachments under their seales returneable at the generall Sessions of the peace And if they appeare then to compell them to accompt as is aforesaid or else if they or any of them refuse that to doe then to commit such of them as shall refuse toward there to remaine without baile or mainprise till the said declaration and accompt be truely made 9. And lastly it is enacted by the said statute that the Iustices of Assize and Iustices of the peace respectively shall have full power and authority to allow such reasonable costs and charges to the said Surveyors and Collectors as by their discretions shall be thought convenient 10. Now concerning high-wayes although by the ancient common Law every Country ought to maintaine and repaire wayes and passages betweene Market Townes yet for the better performance thereof diverse ancient statutes have beene made viz. the statute of Winchester in the time of E. 1. whereby it is ordained that the wayes should be so inlarged that no bushes should be within 200. foote and the statute of 11. Iacobi ca. 7. 11. Iacobi ca. 7. in Ireland whereby it is ordained that Constables and Churchwardens of every Parish within this Realme shall yearely upon the Tuesday and wednesday in Easter weeke call together a number of the parishioners and shal then elect and choose two honest persons of the parish to be Surveyors and orderers of the works for the amendment of the high wayes Cashes and paces in their parish leading to any market Towne the which persons have authority by vertue of that Act to order and direct the persons and carriages that shall be appointed for those workes by their discretions and the said persons so named shall take upon them the execucution of their said offices upon paine every of them making default to forfeit ten pounds 11. And the said Constables and Churchwardens shall also then name and appoint sixe dayes for the amendment and clearing of the said high-wayes cashes and paces in the said severall parishes before the feast of Saint Iohn Baptist then next following and shall openly in the Church the next Sunday after Easter give notice of the same sixe dayes and upon the said dayes the parishioners shall endeavor themselves to the amendment and cleering of the said wayes cashes and paces and shall be chargeable thereunto as followeth that is to say all and every person or persons for every plow land in tillage or
Fuller Shereman and Dyer shall duely doe his labour in his occupation upon paine to yeeld to the party grieved in this behalfe his double damages 2. And that every Fuller Fuller in his Craft and occupation of fulling rowing or tazeyling of cloth shall exercise tazells and no Cardes deceiptfully empayring the same cloth upon paine to yeeld to the party grieved his double damages 3. And that every Iustice of peace for the time being of every County of this Realme throughout the same County out of Cities Burroughes and Townes where any Maior Maister Warden bailiffe or bailiffes is or be and every Maior where there is no maister and every maister where there is no Maior and every bailiffe or bailiffes where there is no Maior nor maister and every Portreve where no Maior maister bailiffe nor bailiffes is or be of every City Burgh and Towne within every such County aforesaid and every Constable of hundred where any Constable of hundred is out of every Citty Burgh and Towne where any Maior Maister Bailiffe or Bailiffes or portrives is or be And every Steward keeping or holding Wapentake or Leete of any person out of City Burgh or Towne where no Maior Maister bailiffe or bailiffes or portreves is or be shall have power and authority by this ordinance to heare and determine the Complaints of every such cloth-maker and labourer aswell for non payment of the said labourers wages as of the said forfaiture and damages by due examination of the parties in this behalfe thereupon for non payment of the said duties and forfaiture and for the said damages to commit the said offendors in this behalfe to the next gaole within the same County there to remaine till the said duties forfaitures and damages be duely paid to the said labourer or cloth-maker And also that every of the said Iustices of P. Maior Maister Warden bailiffe or bailiffes portreve and steward or Wapentake and Leete upon the information or complaint of any other person which is not grieved in this behalfe shall have power by the said authoritie within his jurisdiction to cause the party to come before him against whom such Information or complaint shall be made for offending this ordinance and to examine them in and upon the matter contained in the same information or complaint And if the party by examination or other due proofe be found guilty or defective that then the same party as often and for every time that he is so found guilty or defective shall forfeite to the King or to such person or persons which is or be intituled to have fines or amerciaments for offences done within there Iurisdiction three shillings and foure pence And that every of the said Iustices of peace and other officers aforesaid within their Iurisdiction upon every of the said Informations or complaints shall have full power to make like proces against the party upon whom any such Information or complaint as before is rehearsed shal be made to cause him personally to appeare before him thereupon to be examined as Iustices of peace have upon Information or complaint made to them for surety of the peace without any Fee or reward to be taken or had by any of the said Iustices or any other officer in this party for the execution of their offices in this behalfe Constables CHAP. 8. 1. EVery Iustice of peace may cause two Constables to be chosen in each hundred or barony And this is to be understood of the high Constables of hundreds and it is implyed of congruence that he sweare them 13. Ed. 1. ca. 6. and this seemeth to bee by vertue and force of the statute of Winchester made 13. Ed. 1. and of the first Assignavimus of the Commission of the peace 2. 13. Ed. 1. ca. 6. Note that these Constables of hundreds were first ordained by the said statute of Winchester tempore Ed. 1. And they were to make view of armour twice every yeare and to present before Iustices assigned defaults of Armour of Watches of high-waies and of Huy and Cry and also all such as lodged strangers for whom they would not answere 3. See stat 4. Ed. â— ca. 3. 10. Petie Constables in Townes and parishes were after devised for the aide of the Constables of the hundred viz. about the beginning of the raigne of K. E. 3. as appeareth by Master Lambert in his booke of the duties of Constables pag. 9. 4. The chusing and swearing of these petty Constables is reputed properly to belong to the Court Leet One Iustice yet we finde it usuall and warranted by common experience that every Iustice of Peace doth also sweare them 5. And here for the better chusing of these Constables you shall understand that the law requireth that every Constable be Idoneus homo Co. 8. 41. that is apt and fit for the execution of the said office and he is said in law to bee Idoneus who hath these three things honestie knowledge and abilitie 1. Honestie to execute his office truely without malice affection or partialitie 2. Knowledge to understand what he ought to doe 3. Ability aswell in substance or estate as in body that so he may intend and execute his office diligently and not through impotency of body or want to neglect the place 6. And if any shall be chosen Constable which is not thus inabled and qualified he may by Law be discharged of his said office and another fit man appointed in his place 7. Also by a statute made in Ireland in the fifth yeare of the Raigne of King Edward the fourth it is ordained that in every English Towne of this land that hath more then three houses holden by Tenants where no other president is be chosen by his neighbours or by the Lord of the same Towne one Constable to be president and governour of the same Towne Co. 8. 42. 5. Ed. 4. ca. 5. in Ireland in all things that pertaineth to the common rule of the same Towne as is in ordinance of night watch from Michaelmas to Easter yearely under paine of three pence every night and also to ordaine one paire of Buts for shooting within the Towne or well neare upon the Costs and labour of the said Towne under paine of two shillings from one moneth to other after the publication hereof till the Constable be made and the Buts also and that every man of the same Towne in such houre as the Constable or his Deputy of his neighbours will assigne that is betwixt threescore and sixteene yeares of age muster before the Constable or his deputy at the said Buts and shoot up and downe three times every feast day betwixt the first of March and the last day of Iuly under paine of one halfe penny for every day and that all these paines belevied of their goods or wages from moneth to moneth by the Constable to be spent in strengthning of the same Towne or otherwise in his default to be
levyed by the Warden of the peace and that the paines lost be spent upon the Townes where the said paines riseth 8. Also by a statute made in Ireland in the tenth yeare of King Henry the seventh it is ordained That every subject having goods and Chattels to the value of Ten pounds have an English Bow and a sneafe of Arrowes according every subject having goods to the value of 20. l. have a Iacke Sallet and English Bow and a sheafe of arrowes every Freeholder having land to the value yearely of foure pounds have his horse Iacke Sallet Bow and Sheafe of Arrowes every Lord Knight and Esquire within the said land have for every yeoman daily in their houshold Iacke Salet Bow and Arrowes to the intent that all the Commons of the said land may be able to doe the King or his Lievetenant service for their owne defence and suretie And that if the foresaid persons or any of them doe not observe and performe the premises as it is before specified that then they and every of them doe forfeit to the King 6. s. 8. d. as often times as they and every of them shall offend the foresaid ordinance And likewise that there be in every Barony within every Shire of the said land two Wardens of peace having authority as it hath been used of old time and in every parish Constables of able persons inhabitants within the said parishes and a paire of Buts to be had within every of the foresaid parishes at the cost of the said parishioners that the Commons of the said land may the sooner attaine the practise and experience of Archers And that the foresaid Constables in every parish upon paine of forfeiture of 12. d. at every default doe call before them or one of them every holy day all and every of the foresaid persons having Bowes and Arrowes as afore is rehearsed 10. H. 7 ca. 9. in Ireland to shoot and cause them to shoot at the least two or three games at the said Buts and if any of the said persons make default at any holy day without a reasonable cause shewed that then the said Constables have full power and authority to record their defaults and amerce them and every of them at every such default in 4.d and the said Constables to present the said amerciaments in writing to the Barons of the Kings Eschequer in the said land to be levyed and perceived in like manner and forme as the Kings Revenues have beene levyed there Felonie CHAP. 9. 1. EVery Iustice of peace by force of the first Assignavimus of the Commission may cause fresh suite Huy and Cry and search to be made by the Sheriffe bailiffes Constables and others upon any Treason robbery theft or other felony and also may cause the Constables to arrest and to imprison all such as shall be suspected of such Treason or felony or to be Theeves Murderers or Felons 2. Also every Iustice of peace may and must take the examination of all such felons or persons suspected of treason or felony as shall be brought before him 10. Carolica 18. and must also take information against them of those that bring them sc of the fact and of circumstances thereof and must put in writing such examinations and informations or so much thereof as shall be materiall to prove the felony and must certifie them to the next generall gaole delivery and after such examination and information taken then must commit such traitors or felons to the gaole if they be not baileable but if they be baileable then there must be two Iustices together the one of them of the Quorum to bayle them or else they cannot be bailed 3. The Iustice of peace that taketh the examinations must by recognisance binde the Informers that doe declare any thing materiall to prove the felony or treason to appeare and give evidence against the felon at the next generall gaole delivery to be holden within the County City or Towne corporate where the triall of the said offence shall be Stamf. 58. Li. intr 385. Co. 9. 118. 4. The Iustices of peace in the County of Dublin as well by vertue of their Commission as also by force of the statutes of 18. E. 3. 2. 34. Ed. 3. 1. 17. R. 2. 10. have authority to heare and determine all felonies for the words of the Commission to that purpose are Audiendum terminandum ad delinquentes castigandum puniendum 5. Also there be divers statutes which by speciall words did ordaine that the Iustices of peace should have authority at their generall quarter Sessions to inquire of heare and determine certaine felonies As the statutes 18. H. 6. 19. and 1. Ed. 4. for felonies presented before Sheriffes in their Turnes or law dayes Cromp. 5â— 6. And yet there be some felonies which the Iustices of peace cannot heare or try at all neither can they enquire thereof nor otherwise deale therewith as it seemeth as namely â— H. 6. â—2 12. Co. 11. 34. 7. Embeazelling of any record writ returne panel proces or warrant of Atturney in the Chancery Eschequer the one bench or the other or in the treasury whereby any judgement shall be reversed Every such offence is made felony in such imbezellor stealer or taker away and in their procurors Counsellors and abettors by the statute of 8. H. 6. But such offences are by the same statute appointed to be tryed by a Iury whereof the one halfe shall be of the men of the same Courts and before the Iudges of the said Courts of the one Bench or of the other 2. R. 3. fo 10. 8. Razing of any such record is also felony within the said statute of 8. H. 6. and to be tryed as aforesaid Br. Coro 174. 9. Forging of any deed or writing sealed or of any Court Roll will or acquittance Or to cause or assent to be made any such forged writing or to publish or shew forth in Evidence any such forged writing knowing the same to be forged If any person being once lawfully convicted of any of the said offences shall afterwards commit any the said offences againe 2â— El ca. 4. in Ireland every such second offence is made felony by the statute of 5. El. ca. 24. in England But by the same statute such offences are to be inquired of heard and determined by and before Iustices of Oyer and Terminer and Iustices of Assize which statute is enacted in Ireland in Anno 28. El. ca. 4. 10. And therefore whereas one R. Smith was indicted at the Sâ—ssions of the peace in the County of Oxford upon the said statute of 5. Elizab. for forging of a false deed it was adjudged by the whole Court in the K. bench Anno 30. Co. 9. 118. Elizab. that the said indictment was not well taken For although the Iustices of peace by their Commission have power of Oyer and Terminer to heare and determine felonies and trespasses
of death c. But otherwise it is to kill a true man in defence of my house lands or goods that is manslaughter at least 21. Ed. 1. P. Forrests 4. Stamf. 13. 14. 24. If any Forrester parke-keeper or warreiner or any in their company shall kill an offendor in their Forrest parke or warren which after Huy and Cry levied to keepe the peace and to obey the Law will not yeild themselves but will flie or defend themselves by violence this is no felony if there were no former malice in such keeper Cromp. 30. But if any such keeper by reason of any former malice will lay to a mans charge that he came to doe hurt whereas he did not neither was found wandring nor offending and so kill him this is murder in such keeper Burglarie CHAP. 16. 1. BUrglarie is when one or more in the night time doe breake a dwelling house or a Church or the walls or gates of a City 22. E. 3. Dalton 231. or walled Towne with an intent to doe felony although he or they carry away nothing yet it is felony of death 2. First for the time Br. Cor. 125. Stamf. 30. Co. 11. 36. Burglary cannot be committed in the day time but only in the night for all indictments of Burglary be Quod noctantur fregit And the night to this purpose beginneth at the Sun setting and continueth to the Sun rising And therefore to breake a house c. after the Sun setting and before it be darke or after day light in Summer and before the Sun riseth is Burglarie 3. Next Stamf. 30. Dyer 99. Br. Cor. 106. for the manner it is holden by some good opinions that if a man breake the house to doe felony and yet entreth not it is no Burglary and that the indictment must be fregit intravit And yet by the opinion of Shard 27. Ass 38. and by the opinions of Sir Anthony Browne Sir Edward Montague and Sir Robert Brooke late chiefe Iustice of the common pleas Cromp. 31. 32. 33. and others as Maister Crompton reporteth if a man doe but attempt or enterprise to breake or enter into a dwelling house by night to the intent to rob or kill any person there though he make no actuall entry there yet it is a full and compleat Burglary for if he doe but put in his hand or foot it is an entrie in Law although his whole body were not in Also to put backe the leafe of a window with his dagger to draw the latch of the doore to turne but the key being on the Inner side of the doore or to breake the glasse window and to draw out any goods there with a hooke c. or to breake a hole in the wall Dalton pag. 231. 232. and to shoote in thereby at any in the house in all these cases it is Burglary 4. So likewise the doore being opened by some of the house if any the attempters shall discharge a dag against any in the house and in discharging his dag shall hold his hand over the threshold though he set no foot over this is Burglary So if upon attempt of Burglary they within the house shall cast out their money for feare Dalton ib. and the attempters take it away in all these cases it is Burglary and yet there is no actuall entrie made in any of these cases 5. But if a Theefe setteth but his foot over the threshold or into any part of the house to commit felony this much more shall convict him of Burglary 6. Cromp. 32. Also one being let downe the Chimney in the night to commit felony Dalton ib. it was adjudged burglary by Sir Roger Manwood chiefe Baron and yet he broke not the house 7. So is it to come into a house by the helpe of a key or suddenly to come into the house by night the doores being open and the owner flyeth to his chamber and the offendor is taken shoving at the chamber doore 8. So it is likewise if Theeves pretending that they bee robbed c. shall come to the Constable and pray him to make search for the felons and going with the Constable into a mans house to search they rob the good man of the house this is Burglary 21. El. 9. In like manner if a servant conspiring with another to rob his master shall open his masters doore or window in the night and the other entreth thereat Dalton ib. this is Burglary in the stranger by the opinion of Sir Roger Manwood who was an ingenious and learned Iudge and yet the house was not broken in any of these cases 10. But if one commeth into a house in the day and there hideth himselfe till night and then stealeth any thing out of the house or if any that is lodged in a house in the night goeth out of the house and stealeth some of the goods yet this is no Burglarie but only felony for that he broke not the house the first of these two cases was resolved at Derby Ass 32. El. Cromp. 34. 11. Also if diverse come to commit Burglarie and but one of them entreth and commits it 11. H. 4. 13. the rest standing about the house or not farre of to watch that no helpe shall come this is Burglary in all that company The place 12. Now concerning the place it may be either publique or private publique as the Church or walls or gates of a City or walled Towne private as a dwelling house and here commonly it is no Burglarie unlesse some person be at that time within the house And yet if a man hath a dwelling house and he and all his family upon some occasion are part of the night out of the house Co. 4. 40. and in the meane time one commeth and breaketh the house to commit felony this is Burglary 13. So if a man hath two dwelling houses and sometimes dwelleth at the one Co. 4. 40. and sometimes at the other and hath a family or servants in both and in the night when his servants are out of the house the house is broken by Theeves this is Burglary adjudged 38. Eliz. Cromp. 33. 14. If one breaketh a chamber in any Innes of Court or Chancery or in any Colledge in a university in the night to the intent to commit felony there this is Burglary although there were no person in the same Chamber For that Colledges and houses of Court and Chancery be entire houses whereof such chamber is parcell so that if any person shall be in any other chamber within the same house or Colledge at the same time it is Burglary 2. Ed. 6. Br. Cor. 180. Lamb. 156. 15. Also the breaking in the night of a Stable Barne or other out house adjoyning or neere to the dwelling house to the intent to steale is Burglary though he take nothing 16. At Summer Assizes at Cambridge Anno Domini 1616. two men were
breake a house in the day time although hee hath a felonious intent yet if he carrieth away nothing this is no felony for there must be an actuall felony done besides the breaking of the house in the day And by the report of Master Dallison these statutes shall be straightly construed in favour of life and according to the bare letter so that if the Robbery be done by day and there be in the house but one servant onely or there be in the house Booth or Tent but a stranger or sojourner onely the fact shall not be adjudged an offence against these statutes to take away the benefit of Clergy 27. If servants imbezell the goods of their deceased master or goe away with their masters goods See antea in the chapter of Larceny ca. 19. Sect. 15. 23. where this shall be felony 18. H. 6. 10. P. Fel 23. P. Capt. 3. 28. Souldiers entred of record and having taken prest mony or parcell of their wages of their Captaine if they shall not passe the sea or goe with their Captaine or being in the Kings service shall depart without licence Co. 6. 27. it is felony See Co. 6. 27. that this statute of 18. H. 6. 19 is now of litle force but yet the departure of a souldier without licence is felony by the statute 7. H. 7. 1. which statute is yet in force and perpetuall Co. ibid. 1 Ed. 1. 35. â—d â—4 29. To ravish a woman where she doth neither consent before nor after or to ravish any woman with force though she doe consent after it is felony and the offendour shall have no benefit of Clergy 11. Ia. ca. 3. in Ireland Stamf. 22. Cromp. 100. But a woman that is ravished ought presently to levy Huy and Cry or to complaine thereof presently to some credible persons as it seemeth Glanvill 115. See the Stat. de officio Coronatoris 4. E. 1. 30. Britton 45. Stamf. 25. If a woman at the time of the supposed Rape doe conceive with childe by the ravisher this is no Rape for a woman cannot conceive with childe except she doe consent 4. E. 4. 6. Br. Parliament 55. But if a man ravish a woman who consenteth for feare of death or dures yet this is ravishment against her will for that consent ought to bee voluntarie and free 31. All such as are present abetting ayding 11. H. 4. Stamf. 44. or procuring another to commit rape are principall felons 32. It is a good plea in an appeale of rape Stamf. 24. to say that before the ravishment supposed she was his concubine as Maister Bracton saith And yet to ravish an harlot against her will is felony Cromp. 47. for licet meretrix suerit ante certè tunc temporis non fuit cum nequitiae ejus reclamando consentire noluit Bract. lib. 2. 33. Also to take away any Maide 3. H. 7. 2. P. Fel. 16. widdow or wife having lands or goods or being heire apparant to her Ancestor against her will unlawfully is felony and to receive any so taken knowing thereof or to procure and abet the same is felony And shall be all reputed as principals 34. The taking away of a mayde under 16 yeares of age without the consent of her parents or governours 10. Caroli ca. 17. in Ireland or contracting marriage with her or deflowring her is no felony but yet shall be punished with long imprisonment without bayle or with grievous fyne 35. 13. Ass 6. Br. Cor. 77. Stamf. 94. Cromp. 35. Also to take away a mans wife with the goods of her husband whether it be against her will or against her husbands will seemeth to be felony by the stat of West 2. cap. 34. the words thereof are de mulieribus abductis cum bonis virorum suorum habeat rex sectam de bonis sic asportatis 36. But if the wife take her husbands goods F. Cor. 455. Stamf. 27. and so goeth away voluntarily with another man and with those goods or delivereth those goods to another man these two last cases seeme not to bee felony 37. By a statute made in Ireland in the third yeare of the Raigne of King Edward the second cap. 1. 2. 3. Ed. 3. ca. 1. 2. Taking of meat or drinke against the will of the owner is felony 38. Also by a statute made in Ireland in the fifteenth yeare of the raigne of King Edward the fourth Rot. Parliament cap. 8. the taking of a distresse contrary to the common law that is to say where no distresse lyeth in the case as to distrayne for debt breach of Covenant or such like is felony but to distrayne where a distresse lyeth in the case as for rent service or such like although the taking of the distresse be unlawfull because no rent is arreare yet that is no felony for that distresse is not contrary to the common law 39. Also by a statute made in Ireland in the Eleventh yeare of the raigne of Queene Elizabeth cap. 10. It is felonie in a Searcher to conceale the transporting of wooll and other prohibited merchandises 13. El. ca. 4. in Ireland 40. By another statute made in Ireland in the thirteenth yeare of Queene Elizabeth ca. 4. it is ordained that the shipping loading imbarquing and putting into any ship barque Pickard Boat or any other vessell whatsoever of any prohibited merchandises as Wooll woolfels c. in any port haven harbrow or Creeke within this Realme before entrie made of the same and the customes well and truely paid according the tenor and effect of another statute made in 11. 11. El. ca. 10. in Ireland Eliz. ca. 10. shall be adjudged and deemed felonie in all and every such person and persons their ayders consorts and assistants that will so ship loade imbarque and put the said goods into any Ship Barque Pickard Boate or other vessell before entrie made and the said customes paid as aforesaid and that the same persons their ayders consentours and assistants so to doe shall have the same order of processe inquiry triall judgement forfeiture and execution as in cases of felony is used by the common Law in this Realme and that the Iustices of peace at their Sessions and all and every officer and officers within Cities and incorporated Townes having authoritie to be Iustices of peace or of gaole deliverie within the said Citties and incorporated Townes shall and may lawfully inquire heare and determine all and singular the premisses made felony by the said Act. 41. By a statute made in Ireland in Anno 10. H. 7. ca. 11. It is enacted that if any person take any money or other amends for the death or murder of his kinsman or friend other then the lawes of the kingdome will permit the same 10. H. 7. ca. 11. shall be felony 42. By a statute made in 33. H. 8. ca. 5. It is felony for a servant of the age of 18. 33.
Iustices of peace only or some of them that were present at the enquiry Co. 9. 11â— and when the indictment was found they only have power to make restitution except the Iustices of the Kings Bench who have a supreame authority in all cases of the Crowne 33. And therefore if the record sc the presentment of such force shall be certified by the Iustice of peace into the Kings Bench Or that the same prefentment or indictment shall be removed thither by Certiorari there the Iustice of the Kings Bench may award a writ of Restitution to the Sheriffe of the same County to restore possession to the party so expelled 34. After it shall be found by such Enquiry P.R. 14. b. that such forceible entrie or deteiner is made the Iustice of peace may breake open the house by force to reseise the same and to put the party so put out in possession againe And so may the Sheriffe doe having the Iustice warrant 35. The forme of such warrant from the Iustice of peace to the Sheriffe to make restitution you may see in the Title of warrants and presidents 36. But the Iustice of peace may not in any wise make restitution without such inquiry first had and such force thereby found And if the Iustice shall make restitution without inquiry it seemeth to be punishable in the Starchamber 37. Also this restitution ought to be made to none but to him only that was put out so that if the Father be put out by force and dyeth after inquiry and before restitution his heire shall not have restitution 38. Also such restitution must be made only where a man is put out or holden out c. of house or land and is not to be understood of a Rent Common Advowson or such like 39. Also the Iustice may make restitution notwithstanding any offer of Traverse but yet upon Traverse tendred the safest way for the Iustice of peace seemeth to be for him to deliver or certifie the presentment into the Kings Bench and so to referre the further proceedings therein to them 40. And although these statutes doe inflict no penaltie upon the Iustice of peace if they shall not execute these statutes yet if upon complaint or other notice to them given of such force they shall not at least remove the force record it and commit the offendors they are punishable in the Starchamber 41. Although the Iustice of peace ought to commit to the gaole and may fine all such as he shall see continuing the force at his comming to the place yet upon a force found by the inquiry only and not viewed and seene by the Iustice he may neither fine nor send to the gaole the said offendors by the statute of 8. H. 6. which appointeth the inquiry for the Iustice hath power by the said statute to make restitution only as saith Master Lambert Cromp. 161. b. yet Master Crompton holdeth the contrary But howsoever the Iust of P. is to remove the offendors that be present that so he may restore the other and may bind the offendors to their good behaviour and if the offendors be gone yet the Iustice may make his warrant to take the offendors and may after send them to the Gaole untill they have found sureties for their good behaviour 13. H. 4. ca. 7. 42. Note that if such forceible Entrie or detainer shall be made by three persons Cromp. 68. b. or moe then is it also a Riot and then if there be no former enquiry thereof made the two next Iustices of peace upon notice ought to inquire thereof as of a Riot by a Iury within one moneth upon paine to either of them making default to forfeite 100. l. Defaults of Sheriffes 43. Also one Iustice of peace may as it semmeth heare and determine the defaults of Sheriffes and Bailiffes in not returning sufficient Iurors whereof every one shall have lands 8. H. 6. 9. P. Iust 89. Rast 174. c. c. to the value of Forty shillings by the yeare at the least before him to inquire of such forceible Entrie or deteiner and the said Iustice of peace may proceede therein aswell by bill at the suite of the party grieved for himselfe as also by indictment only for the King And the same processe shall be made against such persons indicted or sued by Bill in this behalfe as should be made against persons indicted or sued by writ of Trespasse with force and Armes against the Kings peace 44. And though any one Iustice of peace may proceede in every of these former cases of forceible Entrie or deteiner as aforesaid yet if two or more Iustices shall joine therein together it is the better foâ— plus vident oculi quam oculus securius expediuntur negotia pluribus â—â—â—missa Co. 4. 46. 〈…〉 45. Also the Mayors and Iustices of Peace and the Sheriffes and Bailiffes of Cities and Burroughes having Franchise 8. H. 8. 9. Rast 174. d. have in the said Cities townes and Burroughes like authoritie to inquire of such Entries or putting out and in other the Articles aforesaid rising within the same as the Iust of Peace and Sheriffes in Counties and Shires have 46. The stat of Northampt. Also every Iustice of Peace to whom a writ upon the statute of North-hampton concerning the removing of a force shall bee delivered ought to execute the same writ sc hee ought to remove the force and to certifie his doings therein into the Chancerie 1. Ed. 3. 3. 47. And for that the Iustices of peace to whom this writ shall be delivered is herein but a minister and is to certifie that which he shall doe therein I will here set downe the manner how hee shall proceede to execute this writ 1. When the Iustice of Peace shall come to the place where the force is supposed by this writ he may cause three Oyes for silence to be made and then he may make Proclamation in the Kings name to this effect The Kings Majesties Iustice of Peace straightly chargeth and in his Majesties name commandeth all and every person to keepe silence whilst his Majesties writ c. be read and proclamation be thereupon made accordingly 2. Then may he read or cause to be read the writ or may declare the effect thereof 3. Then let three other Oyes be made And thereupon make proclamation againe as followeth His Majesties said Iustice doth in his Highnesse name and by vertue of his Majesties writ straightly charge and command that no manner of person of what estate degree or condition soever now being within the house of B. c. named in the said writ shall goe armed or keepe force of armour or weapon nor doe any thing there or elsewhere in disturbance of his Majesties peace or in offence of the stat made at North-hampton in the 2. yeare of King E. 3. upon paine of loosing his said armour and weapons and of imprisoning his bodie at his
within the County at the time of such examination taken by him as it seemeth 11. If a man be robbed in one County and maketh Huy and Cry freshly into another County 18. E. 4. 18. if the Townes adjoyning doe not according to the statute of Winchester the party robbed may have his Action of debt in the one County or in the other by Fincham 15. Ed. 4. Br. Dett 104. 12. Highwayes leading from one market Towne to another shall be inlarged so that there be neither dike underwood nor bush whereby a man may lurke to doe hurt within 200. foot of the one side and of the other and if by default of the Lord that will not amend the wayes as aforesaid any Robberies be done therein the Lord shall be answerable for the Robbery and if a parke be neere the high way the Lord must set his parke 200. foot of each side from the way as aforesaid or else must make such a wall dike hedge or pale that such offendors may not passe to and fro there to doe evill Winch. 13. Ed. 1. cap. 5. Rogues Vagabonds and Beggers CHAP. 55. 1. DIverse good Lawes and statutes have beene made which yet are of force in Ireland for the punishing and ordering of Rogues Vagabonds and Beggers the substance whereof I have here expressed viz In anno 23. E. 3. ca. 3. 23. E. 3. ca. 3. It is ordained that because many valiant Beggers as long as they may live of begging doe refuse to labour Beggers giving themselves to Idlenesse and vice and sometime to theft and other abominations none upon the paine of imprisonment shall under the colour of piety or almes give any thing to such which may labour or presume to favour them towards their desires so that thereby they may be compelled to labour for their necessary living 2. Also by a statute made anno 34. E. 3. 34. E 3. ca. 1. It is ordeined first that in every County shall be assigned for the keeping of the peace one Lord and with him 3. or 4. of the most valiant men in the County with some learned in the Lawes and they shall have power to restraine the offendors riotters and all other barretors and to pursue arrest Iustices of peace take and chastise them according to their trespasse and offence and doe to be imprisoned and duely punished according to the Law and customes of the Realme and according to that that to them shall seeme best to doe by their discretions and good avisement and also to enforme them Pillours Robbers and to enquire of all those that have beene pillours and robbers of the parties beyond the Sea and be now come againe and goe wandring and will not labour as they were wont in times past and to take and arrest all those that they may finde by enditement or by suspection and to put them in prison and to take of all them that be not of good fame where they shall be found sufficient surety and main prise of their good behaviour towards the King and his people and the other duely to punish to the intent that the people be not by such riotours or rebels troubled or endamaged nor the peace blemished nor merchants nor other passing by the high wayes of the Realme disturbed nor put in the perill which may happen of such offendors 3. Also by a statute made in anno 7. R. 2. it is ordeined that the statutes made in the time of King Edw. 3. 7. R. 2. ca. 5. of Roberdesmen Roberdesmen and draw-latches Draw-latches be firmely holden and kept and moreover it is ordeined and assented to refraine the malice of diverse people faitours Faitours and wandring from place to place running in the Countrey more abundantly then they were wont in times past that from henceforth the Iustices of Assises in their Sessions the Iustices of peace and Sheriffes in every County shall have power to enquire of all such Vagabonds Vagabonds and faitours of their offence and upon them to doe that the Law demandeth and that aswell the Iustices and Sheriffes as the Maiors Bailiffes Constables and other governours of Townes and places where such faitours and Vagabonds shall come shall from henceforth have power to examine them diligently and to compell them to finde surety for their good bearing by sufficient mainpernors of such as be distraineable if any default be found in such faitours and Vagabonds and if they cannot finde such surety they shall be sent to the next gaole there to abide till the comming of the Iustices assigned for the deliverance of the gaoles who in such case shall have power to doe upon such faitours Vagabonds so imprisoned that thereof to them shall seeme best by the Law 4. Also by a statute made in anno 12. R. 2. 12. R. 2. ca. 7. it is ordeined and assented that of every person that goeth a begging and is able to serve or labour it shall be done of him as of him that departeth out of the hundred without letter testimoniall which is to be imprisoned and that the beggers impotent to serve shall abide in the Cities and Townes where they be dwelling at the time of the Proclamation of this statute and if the people of Cities or Townes will not or may not suffice to finde them that then the said beggers shall draw them to other Townes within the hundreds rape or weapon take or to the Townes where they were borne within forty dayes after Proclamation made and there shall abide continually during their lives and that of all them that goe in pilgrimage Pilgrimage as beggars and be able to travell it shall be done as of servants and labourers which is to be committed to prison and that Schollers Schollers of the universities that goe so begging have letters testimoniall of their Chancellor upon the said paine 5. Also by another statute made in anno 12. R. 2. 12. R. 2. ca. 8. it is ordeined that they that feine themselves to have travelled out of the Realme and there beene imprisoned shall bring letters testimoniall Letters testimoniall of the captaines where they were abiding or of the Maiors Maiors or Bailiffes Bailiffes where they arrived and the same Maiors and Bailiffes shall enquire of such people where and with whom they dwelled and in what place their dwelling is and that the same Maiors and Bailiffes make them letters patents under the feale of their office testifying the day of their arrivall and also witnessing where they have beene as they have sayed and that the said Maiors and Bailiffes cause them to sweare that they should hold their right way towards their Countrey except that they have letters patents under the Kings great seale to doe otherwise and if any such travâ—â—â—ed man be found without such letter as afore is said it shall be done of him as of the said servants and labourers and also this ordinance shall
peace of the same shire or liberty or else to the high Constable of the hundred rape or wapentake within which such persons shall be taken and if he be taken within any City or Towne corporate then to be brought before the Maior Sheriffes or Bailiffes of every Towne corporate and that every such Iustice of peace high Constable Maiors Sheriffes and Bailiffes by their discretions shall cause every such idle person to him so brought to be had to the next market Towne or other place where the said Iustices of peace high Constable Maiors Sheriffes Bailiffes oâ— other officers shall thinke most convenient by his or their discretion and there to be tyed to the â—nd of a Cart naked and be beaten with whippes throughout the â—ame market Towne or other place till his body be bloudy by reason of such whipping and after such punishment and whipping had the person so punished by the discretion of the Iustice of peace high Constable Maiors Sheriffes Bailiffes and other officers before whom such person shall be brought shall be enjoyned by his oath to returne forthwith without delay in the next and straight way to the place where he was borne or where he last dwelled before the same punishment by the space of three yeares and there to put himselfe to labour like as a true man ought to doe and after that done every such person so punished and ordered shall have a letter sealed with the seale of the hundred rape wapentake City Borough Towne liberty or Franchise wherein he shall be punished witnessing that he hath beene punished according to this statute and containing the day and place of his punishing and the place whereunto he is limited to come thither within which time he may lawfully begge by the way shewing the letter and otherwise not and if he doe not accomplish the order to him appointed by the said letter thereto be eftsoones taken and whipped and so as often as any default shall be found in him contrary to the statute in every place to be taken and whipped till he be repaired where he was borne or where he last dwelled by the space of three yeares and there put his body to labour for his living or otherwise truely to get his living without begging as long as he is able so to doe and if the person so whipped be an idle person and no common begger then after such whipping he shall be kept in the Stocks till he have found surety to goe to service or else to labour after the discretion of the said Iustices of peace Maiors Sheriffes Bailiffes high Constables or other such officers before whom any such idle person being no common begger shall be brought if by the discretion of the same Iustice of peace Maior Sheriffe Bailiffe high Constable or other such head officer it be so thought convenient and that the party so punished be able to finde surety or else to be ordered and sworne to repaire to the place where he was borne or where he last dwelled by the space of three yeares and to have like letter and such further punishment if he eftsoones offend this statute as is above appointed to and for the common strong and able beggers and so from time to time to be ordred and punished till he put his body in labour or otherwise get his living truely according to the statute and that the Iustices of peace of every shire riding City Towne and liberty shall have power and authority within their limits of their Commissions to enquire of all Maiors Sheriffes Bailiffes Constables and other like officers and persons that shall be negligent in executing of this Act and if the Constables and inhabitants within any Towne or Parish where any such impotent person or strong begger doth happen to begge contrary to the forme of this statute be negligent and take not every such impotent and strong begger that so shall begge against the forme of the statute and order and punish every such begger as is above limitted that then the Towneship or Parish where such default shall be shall lose and forfeite for every such impotent begger that shall be suffred to begge within the said Towneship or Parish not being taken ordred and punished according to the forme of this statute three shillings and foure pence and for every strong begger that shall happen to begge within any such Towneship or Parish not being taken and ordered as is above limitted by this statute six shillings and eight pence the one halfe of all which forfeitures to be to the King our soveraigne Lord and the other halfe to him that will sue for the same by any bill of information before the Kings Iustices of his peace in their Sessions to be holden within the Shire or within the liberty where such default shall happen and that all Iustices of peace within any Shire City Borough or liberty shall have full power and authority aswell to heare and determine every such default by presentment as by such bill of Information and upon every presentment afore them and upon every such bill of Information to make processe by distresse against the Inhabitants of every such Towne and Parish where any such default shall be presented or supposd by any such Information by authority of which distresse the Sheriffe or other officer to whom by the Law such distresse shall be made shall distreine the goods and Chattels of such one or two of the said Inhabitants as he may have knowledge were most negligent and in default in the execution of this Act and the said distresse retaine till they finde surety to appeare at the next Sessions limitted in their said distresse and in case they appeare and confesse the default or else if they traverse the presentment and it be tryed against them by verdict or deny the Information and it be proved against them by sufficient witnesse then the said Iustices of peace in their Sessions shall have power and authority to assesse the fines as beene above limitted after the rates abovesaid and to make processe for the levying of the fame by distresse of the Inhabitants of such Townes or Parishes where such default shall be tryed or proved and that every such fyne if it grow by presentment to be only to the Kings use and if it grow by Information the moity thereof to be to him that pursueth the information for the fame and the other moity thereof to the Kings use as is aforesaid and if any such person or persons distrained appeare not at the day and place contained in such distresse then upon the returne of the Sheriffe or other officer to whom the distresse was delivered to execute that such person or persons were distrained then every such person or persons so distrained at the first distresse shall loose 40. d. and at the second 5. s. 8. d. and so to be doubled upon every distresse in such cases to be awarded till apparance may be had by one of the
Inhabitants of such Towne or Parish to deny traverse or confesse the presentment or information exhibited against any such Towne or Parish to the intent that upon tryall or proofe thereof the fynes above limitted may be assessed and levyed of the Inhabitants of every such Towne or Parish as is above rehearsed and that Schollers of the universities that goe about begging not being authorised under the seale of the universities by the Commissary Chancellor or Vice-chancellor of the same and all and singular shipmen pretending losses of ther ships and goods of the Sea going about the Countrey begging without sufficient authority witnessing the same shall be punished and ordered in manner and forme as is above rehearsed of strong beggers and that all proctors and pardoners going about in any Countrey or Countreyes without sufficient authority and all other idle persons going about in any Countrey or abiding in any City Borough or Towne some of them using diverse and subtile crafty and unlawfull gaines and playes and some of them faining themselves to have knowledge in Physicke Phisnomy Palmestry and other crafty sciences whereby they beare the people in hand that they can tell their destines diseases and fortunes and such other like fantasticall imaginations to the great deceit of the Kings subjects shall upon examination had before two Iustices of peace whereof the one shall be of the Quorum if he by proveable witnesse be found guilty of any such deceits be punished by whipping at two dayes together after the manner before rehearsed and if he eftsoones offend in the said offence or in the like offence then to be scourged two dayes and the third day to be put upon the pillory from 9. of the clocke till 11. before noone of the same day and to have one of his Eares cut of and if he offend the third time to have like punishment with whipping standing on the pillory and to have his other Eare cut of and that Iustices of peace have like authority in every liberty and franchise within their Shires where they be Iustices of peace for the execution of this Act in every part thereof as they shall have without their liberty or franchise and that this Act shall every yeare be read in open Sessions to the intent that the statute shall be the more feared and the better put in execution and furthermore be it enacted that if any person or persons at any time hereafter give any harbour money or lodging to any beggers being strong and able in their bodies to worke which order themselves contrary to the forme of this statute that every such person so doing being sufficiently proved or presented before any Iustice of peace shall make such fine to the King as by the discretion of the said Iustices of peace at their generall Sessions shall be assessed and if any person or persons doe disturbe or let the execution of this Act in any manner wise or make rescous against any Maior sheriffe bailiffe or other person that shall endeavour himselfe for the due execution thereof that then every such person and persons for every such offence doing shall loose 100. s. and over that to have imprisonment at the Kings will the one halfe of which forf if such offence be committed in any Citie or towne corporate to be to the Maior Sheriffe Bailiffe or other head Officers of such Towne or City corporate where any such offence shall be done to the use of the commonaltie of every such Citie of towne corporate and if it be committed out of the Cittie or Towne corporate then the said one halfe to be to the Lord of the Leere or Law day where such offence shall be done and the other halfe of every such forf to be to the King for the which forf of 5. l. recoverie shall be had by action of debt Bill or plaint or information in any of the Kings Courts in which suits the defendants shall not wage their Law nor have any essoigne or protection allowed And it is ordeined and enacted that the seales above rehearsed shall be made at the costs and charges of the Iustices of peace Maiors Sheriffes Bailiffes and other officers above written that is to say that every of them should doe the said seales to be made within the limits of their divisions jurisdictions and authorities And it is also ordeined and enacted that every letter to be made by the authoritie of this Act whereby any impotent begger shall be authorised and assigned to begge shall be made in this forme ensuing viz Dublin ss Memorandum that A. B. of dale for reasonable consideration is licensed to begge within the hundred of P. K. and L. in the said County given under the seale of that limit tali die anno And that every such letter that shall be made and delivered to such begger or Vagabond after he hath beene whipped by authority of this Act shall be made in this wife following Dublin I. S. whipped for a vagrant strong begger at Dale in the said County according to the Law the 28. day of Iuly in the 13. yeare of King Charles c. was assigned to passe forthwith and directly from thence to sale in the County of Meath where he saith he was borne or where he last dwelled by the time of three yeares and he is limitted to be there within 14. dayes next ensuing at his perill or within such number of dayes as to him shall be limitted by the discretion of him that maketh the said letter In witnesse wherof the seale of the limit of the said place of his punishment hereunto is set 7. And it is enacted that every such letter shall be made at the equall costs of such the said Iustices mayors sheriffes bailiffes and other officers within whose Iurisdictions powers and authorities the said begger or Vagabond shall be whipped or limitted to begge in by authoritie of this Act and every such letter shall be subscribed with the hand of one of the Iustices Maiors sheriffes bailiffes or other officers in this forme following Per me A. B. unam Iusticiariorum pacis or majorem civitatis or ballivum villae or constabularium talis hundredi or else in like forme in English 8. And it is further enacted that every such person or persons that have the custodie of any gaoles within any shire City borough or towne corporate shall doe make a seale engraved with the name of the Castle prison or gaole which he keepeth and in case any person or persons that shall be delivered out of any gaole or prison for suspition of felony by proclamation or be acquit of any felony and hath no friends to pay his fees nor was borne within the hundred or place where he shall happen to be so delivered nor can get him no master there to abide and worke with shall have libertie to begge for his Fees by the license of his Keeper by the space of six weekes next after such deliverance and after that to
be compelled to goe to the hundred where he was borne or last dwelled for the space of three yeeres within such time as shall be limited to him by one of the Iustices of peace Mayors sheriffes bailiffes or other officers where such deliverance shall be had And it is enacted that every such person so delivered shall have a letter made to him by the Clarke of the peace of the shire within the which he was delivered if he be delivered within the shire and if he bee delivered within any Towne Citie borough corporate then he to have a letter of the common Clerke of every such City borough or towne corporate where he is delivered every such letter witnessing the day of his deliverance and the place where he was delivered and before whom and the time appointed when he shall begge for his Fees and the place to the which he shall be assigned to repaire unto in case he can get no master to fall to worke where he was delivered and to every such letter the gaoler or keeper of the prison out of which the person shall be delivered shall put the seale limitted to be made as is aforesaid for the said prison and that every such letter shall be made in this wise following Dublin ss the 20. day of Iuly Anno regni regis Caroli I. S. was delivered for felony our of the gaole of D. in the said County at the Sessions holden afore A.B. and his fellowes at Sale the day and yeare aforesaid and is allowed to begge for his Fees by the space of six weekes and in case he can get no master to worke with in the said terme then he is assigned to goe directly to D. in the county of Meath wherein he saith he was borne or last dwelled by the space of three yeares and he is allowed 14. dayes next after the six weeks for his passage thither or such number of daies as to him shall bee limited by the discretion of the maker of the said letter In witnesse whereof the seale of the prison from the which hee was delivered thereunto is set and in such shires where no gaole is the sheriffe therof for the time being shall cause a seale to be engraved with the name of the shire and shall order and use the same seale to and for such persons so delivered as is aforesaid after like maner and forme as the Gaoler and keeper of the gaole is limitted and appointed to doe by this Act. And it is also enacted that every Clerke of the peace of the Shire within the which such person shall be delivered and every common Clerke of every Citie borough or towne corporate within the which any such person shall bee delivered shall make for every such person as shall be so delivered where they be such officers the said letter in forme abovesaid without any Fee taking for the same and shall deliver every such letter to the Gaoler or keeper of the prison from the which such person shall be delivered and if there be no Gaole there then to the Sheriffe of the shire where such deliverance shall be had within one day next after the end of the Sessions where any such deliverance is had upon paine to loose and forfeit for the default of every letter 12. d. to the Kings Majestie and that the Gaoler or Keeper of the prison from the which the person shall be so delivered and in case there be no Gaole then the Sheriffe of the shire where any such deliverance shall be had shall not suffer any such person to goe abroad to begge for his fees nor depart out of prison except it be to service or labour unlesse the said Gaoler or sheriffe first deliver to the said person the said letter containing his name sealed with the seale of the prison from the which he shall be delivered or else with the seale engraved with the name of the shire if there be no prison upon paine for every default to loose 12. d. to the Kings highnesse And it is enacted that if any person or persons so being delivered out of prison at any time after the said feast doe begge not having the letter aforesaid sealed in forme abovesaid or begge contrary to the tennor of the said letter that then he shall be taken ordered and whipped in every behalfe like as is above appointed for strong beggers and that to bee done and executed by such as be above limitted to doe the same upon strong beggers and in such wife and upon such paine as is above limitted for non execution of the punishment of strong beggers provided alway that it be lawfull to every person and persons being bounden by reason of any foundation or ordinance to give or distribute any money in Almes and also to every person and persons at common doles used at burials or obytes to give and dispose in Almes any money to every person and persons commīng to such Almes or Doles after like forme and manner as they have beene accustomed to doe in that behalfe before the making of this Act without any danger or penaltie of this statute any thing contained in this present statute to the contrary hereof notwithstanding provided also that it be lawfull to all masters and Governours of hospitals to lodge and harbour any person or persons of charitie or Almes according to the foundation of such hospitals and to give money in Almes in as large manner and forme as they are bounden or owen to doe any thing in this statute to the contrary hereof notwithstanding And lastly in anno 11. Caroli ca. 4. in Ireland it is ordeined for the better suppressing of Rogues Vagabonds and other idle and disorderly persons that before the Feast of Saint Michael the Archangell which shall be in the yeare of our Lord God one thousand six hundred thirty and six there shall be erected built or otherwise provided within every County of this realme of Ireland one or more fit and convenient house or houses of correction with convenient backside thereunto adjoyning together with Mils working cards and other necessary implements to set the said Rogues and other idle and disordered persons on worke the same houses to be built erected or provided in some convenient place or Towne in every County which houses shall be purchased conveyed or assured unto such person or persons as by the Iustices of peace or the more part of them in their quarter Sessions of the peace to be holden within every county of this Realme of Ireland shall be thought fit upon trust to the intent that the same shall be used and imployed for the keeping correcting and setting to worke of the said Rogues Vagabonds sturdie beggers and other idle persons And it is further enacted by the authoritie aforesaid that if the said house and houses respectively so to be erected purchased or provided shall not be erected built or otherwise provided before the said feast of Saint Michael that then every Iustice
would beat his servant Pr. 5. f. Iustifie 3. but the master with a sword staffe or other weapon may defend his servant assaulted from being beaten in respect of the losse of his service yet Master Lambert and Master Crompton are of opinion that the master may beat another in defence of his servant Cromp. 136. which seemeth to be the better opinion by reason of the losse which the Master shall sustaine by the wounding of his servant 36. Lamb. 131. But the farmour or tenant cannot justifie such an Act in defence of his landlord nor a Citizen c. in defence of the Maior or Bailiffes of the Citty or Towne corporate where he dwelleth unlesse it be in the legall execution of their offices 37. 9. Ed. 4. 28. 19. H. 6. 31. 63. Li. intr 611. In defence of my goods Also the Law doth tollerate a man to beate another for the preservation of his goods and therefore he that shall attempt by force and violence to take away my goods wrongfully from me whether they bee goods whereof I have a lawfull property or such goods whereof I have only a possession by the bailement of another I may justifie to defend the same by force and if I shall beat or hurt such person it is no breach of my recog for the peace but if I kill him it is felony and then a breach of the recog 38. The same Law is in every case 10. Ed. 4. 6. 3. H. 4. 9. 11. H. 6. 33. where another shall attempt by force and violence to take away my land freehold copihold or lease or to stop and turne my lawfull high way or my ancient river or water course leading to my mill in these and like cases if I shall disturbe him therein whereupon he doth assault and attempt to beat me I may justifie to beat him againe aswell in defence of my person as of my possessions but not to kill him 39. The same Law is also in every case where any offendour is by order of Law punished by whipping stocks pillory or otherwise for any offence by him committed contrary to the Lawes or statutes of this Realme there is no peace broken nor any recog of the peace forfeited by him or them which shall lawfully execute any such punishments 40. Note further that there are diverse offences for which an indictment contra pacem will lye and yet the committing of such offence shall be no forfeiture of the recog for the peace for that the Act that shall breed a forfeiture of such a recog must be done or intended unto the person as aforesaid or in terrorem populi 41. Therefore to enter into the lands Dalton 163. 164. where he ought to bring his Action or to disseise another of his lands or to enter into lands or tenements with force being without offer of violence to any mans person and without publique terrour Cromp. 136. or to doe a trespasse in another mans corne or grasse or to take away another mans Ward to take away another mans goods wrongfully so it be not from his person or to steale another mans horse or other goods feloniously being not from his person these will make no breach of this recog 4 H. 7. 8. 42. Note that if a man be bound in such a recog for himselfe and his servants if any one of them breake the peace the whole recog is forfeited Et sic in similibus 43. Note also that the sureties may plead that the party principall hath not broken the peace although upon issue the same shall be found against the said principall for they are estrangers thereto Fitz. averment 46. Concerning the writ of supplicavit CHAP. 61. 1. THe formes of this writ out of the Chancery are of diverse sorts as you may see Fitz. Na. Br. 80. d. 2. By which formes of the writ it appeareth that it may be directed to the Iustices of peace or to one of them or to the Sheriffe or to every of them to cause the party that is to be bound to come before him or them to finde surety of the peace and this writ may be that the principall shall be bound in such a summe and the sureties in such a summe certaine and also it may be in what certaine summes the demandant will or the summes may by the writ be referred to the Iustice of peace c. with this clause therein contained pro qua respondere volueris and the said writ is further that if the party shall refuse c. that they shall commit him to the gaole quousque c. and that when they have taken such surety they doe certifie the recog which they have so taken under their seales and returne the writ into the Court whence the same was awarded and that without delay 3. And for that this writ is of diverse formes the Iustice of peace must have a care that he doe execute the same in every behalfe as the same writ shall direct him 4. When the writ doth referre the summe wherein the principall and his sureties shall be bound to the Iustice c. then it resteth in their discretion but yet it is then safe for them to take good sureties and to bind them in good summes and the rather when that clause is in the writ pro qua respondere volueris 21. H. 7. 20. Br. peace 9. 5. When this writ is directed to the Sheriffe and to all the Iustices and is delivered to any one of them he onely to whom it is first delivered ought to execute the same writ in every behalfe scil he only shall make a warrant c. returneable before himselfe and shall take sureties and make returne thereof only without any other 6. The forme of a warrant for the peace upon a supplicavit you may see postea tit Warrants and Presidents 7. Also the same Iustice of peace after such surety taken may make the party a supersedeas to discharge him from any other arrest or to deliver him being in prison for the peace at any other mans suit as it seemeth Cromp. 237. b. 8. The forme of the supersedeas you may see after tit of Warrants and Presidents 9. The party who is attached upon this writ of supplicavit 21. H. 7. Br. peace 9. cannot goe to be bound before any other Iustice of peace but only before him from whom the warrant proceedeth upon this writ neither can another Iustice of peace by a supersedeas discharge such a warrant made by his fellow Iustice by force of this writ 10. The Iustice or Sheriffe to whom this writ shall be delivered may make a Deputy therein 9. Ed. 4. 35. f. Fx. Imp. 4. scil may make a warrant to the Constable or other person indifferent to apprehend the body or cause the party to come before him the said Iustice or Sheriffe to finde sureties c. and that if he shall refuse that then the Constable c. shall carry him
Ed. 2. P. Leete 1. 20. All these former offendors and the like are evill members in the common wealth and such their demeanor and living is greatly to be suspected and besides doe seeme to be more properly said against the peace of the land then Avowtrey in the case before 1. H. 7. 7. and therefore it seemeth reasonable just and expedient that the Iustices of peace upon their discretion should convent such persons before them and their courses of life and if they cannot yeild a good reason and accompt of such their courses then to bind them to their good behaviour 21. Also the good behaviour seemeth grantable against such as shall make false outcries or shall raise Huy and Cryes without cause for these are disturbances of the peace Cromp. 179. 22. If two men doe levie Huy and Cry one upon another without cause both of them may be attached and bound over as disturbers of the peace P. R. 156. 23. Also Cheators and Cozoners may be bound to the good behaviour See Co. 5. 125. P. R. 12. 24. Libellers it seemeth may also be bound to their good behaviour as disturbers of the peace whether they be the contrivers the procurers or the publishers of the libell for such libelling and defamation tendeth to the raising of quarrels and effusion of blood and are specially occasions and meanes tending and inciting greatly to the breach of the peace 25. Also it seemeth grantable against unlawfull hunters in parks after their examination taken vide antea tit Hunting 26. Also it shall be granted against him that shall abuse a Iustice of peace Constable or other officer of the peace in executing of their office 9. El. 43. 27. A Iustice of peace seeth a man breake the peace sc to make an assault or affray upon A. and he chargeth him to keepe the peace and the other answereth that he will not the Iustice of peace may bind him to the good behaviour See Exod. 22.28 28. For if as one saith contempt or contumelie used to the person of a mans better neither policie for example nor religion for peace may tolerate much lesse to use contempt towards or to abuse such as are in authority especially when they are in executing their office 29. Nay it seemeth that he which shall use words of contempt or contra bonos more 's against a Iustice of peace though it be not at such time as he is executing his office yet hee shall be bound to his good behaviour 30. If a Citizen or free man of a Citty Co. 11. 98. or Towne corporate shall use words of contempt or contra bonos more 's against the chiefe officer of the City or Towne or his brethren they are good causes to commit him to prison untill he shall finde sureties for his good behaviour for obedience and reverence ought to be yeelded to the magistrate for that they derive their authority from the King 31. Also he that shall abuse a Iustice of peace his warrant may be bound to his good behaviour 32. A man complaineth of a Riot or a forceible Entry so that the Iustices of peace are assembled to enquire therof and then the party that complained will not prosecute the matter it seemeth the said Iustices of peace may bind him to his good behaviour for his deluding them 33. And so of such as shall charge another with felonie before a Iust of Peace and yet will not give Evidence c. 34. A. is bound to keepe the peace against B. only Cromp. 134. and getteth a supersedeas and after B. releaseth him after A. is arrested for suretie for the peace at another mans suit and sheweth this first supersedeas it seemeth he shall be bound to his good behaviour for this deceit 35. He that hath a pardon for any felony 10. Ed 3. P. pardon 5. shall finde surety for his good behaviour but he shall bee bound before the Sheriffe and Coroners who shall returne the same into the Chancerie 36. Also he that is acquitted of felonie if he be of evill fame or of evill behaviour it seemeth the Iustices of peace upon their discretion may bind him to his good behaviour 37. The forme of a warrant for the good behaviour vide postea tit Warrants 38. The forme of the Recog for the good behaviour vide postea tit Recognisance 39. Whether the suretie of the good behaviour taken upon complaint may be released by any speciall person some do doubt it Release Lamb. 126. because it seemeth more popular then the suretie of the peace yet others doe hold that it may be released either by the Iustice of peace himselfe that tooke it in discretion P.R. 2â— or by the party upon whose complaint it was granted even as that for the peace may 40. It seemeth also a Supersedeas Supersedeas of the good behaviour may bee granted by the Iustices of peace as well as for the peace mutatis mutandis upon good sureties taken by the said Iustices of the party to be of the good behaviour Cromp. 237. 41. Cromp. 146. If a man be bound to the good behaviour before Iustices of peace and to appeare at the next Assises or Sessions yet the party bound may by a Certiorari Certiorari remove the Recognisance into the Chancerie or Kings Bench before the day and then he shall not need to appeare at the Assises or Sessions for they have no record whereupon he may be called there Swearing and Cursing CHAP. 64. 1. FOrasmuch as all prophane swearing and cursing is forbidden by the Word of God 10. Caroli ca. 1. in Ireland it is enacted by Parliament in anno 10. Caroli ca. 1. that no person or persons shall prophanely sweare or curse and that every person or persons that shall at any time or times offend herein either in the hearing of a Iustice of peace bailiffe or any other head officer of any Citty or Towne corporate where such offence is or shall be committed or shall be thereof convicted by the oathes of two witnesses or by confession of the party before any Iustice of Peace of the County or head officer or Iustice of Peace in the Citty or towne corporate where such offence is or shall be committed to which end every Iustice of peace and every such head officer have power by that Act to minister the same oath that then every such offendour shall for every time so offending forfeit and pay to the use of the poore of that parish where the same offence is or shall bee committed the summe of Twelve pence and it shall also be lawfull for the Constables and Church-wardens or any one of them by warrant from such Iustice of peace or head officer to levie the same summe or summes of money by distresse and sale of the offendours goods rendring to the party the overplus and in defect of such distresse the offendor if he or she be above the age of
as the parties Our soveraigne Lord the King by authority of this Parliament hath ordeined and stablished that the statutes and ordinances aforesaid shall be firmely kept and holden and straitly executed And moreover for to eschew diverse great mischieves which have happened within the Realme of England by the said auncell and specially for to destroy the falsity of the regratours of yarne called yarne Choppers it is ordeined by our said soveraigne Lord the King by authority aforesaid that in every City Borough and Towne of the Realme of England common balance shall be with common weights sealed and according to the Standerd of the Exchequer upon the common Costs of the said City Burgh or Towne in the keeping of the Maior or Constable of the same to which balance and common weight all the Inhabitants of the same City Burgh or Towne that have not such weights and other that have if they will may freely weigh without any thing paying taking neverthelesse of forreyns for every draught within the weight of xl li. a farthing and for every draught betwixt xl li. and an hundred an halfpeny and for every draught betwixt a hundred pound and a thousand pound a penny at the most whereof the weights shall be maintained and the officers lawfully weighing rewarded by the discretion of the chiefe of the City Burgh or Towne according to his attendance to the said occupation be it more or lesse And that no man buy yarne of wooll called wollen yarne unlesse he will make cloth thereof nor use weight nor measure nor other thing in the place of weight or measure that is not sealed according to the said Standerd nor set any thing to the same by the way of taking or hiding or in any other manner that may encrease the measure or weight or let the balance to have his naturall course upon the forfeiture and paine aforesaid and that the Iustices of peace Maiors Bailiffes and Stewards of Franchises have power by authority aforesaid to examine the Trespassours in this case and for to enquire in especiall of offendors against this ordinance and to doe execution against them that be found defective by enquests or by examination to be made by the said Iudges or officers in this case in the manner as afore is said And that this ordinance be holden and observed from the Feast of Easter next ensuing for ever And that every City upon paine of x. li every Burghe upon paine of C.s. and every Towne where a Constable is upon paine of xl.s. have a common balance with weights according to the said Standerd within two moneths after Proclamation made of this ordinance which paine shall be levyed to the use of our soveraigne Lord the King as often as they shall be defective after the said Proclamation 14. There is another statute made in Ireland in anno 12. El. ca. 3. concerning measures of Corne whereby it was enacted that two measures of brasse should be made at the Queenes cost one for wheat Rye Maslen Beanes and Peese and another for Malt Oates and Barley which shall bee the Standerds for the Shires of the City of Dublin the county of Dublin Kildare Catherlagh Wexford Meath the Towne of Drogheda Westmeath Louth Kings County and Queenes County within this Realme and that the same being marked with the Crowne and letters of her majesties name should remaine and be as her highnesse Standerds for the Shires aforesaid in her Majesties Exchequer of this Realme in the custody of the Lord Treasurer of this Realme or of the under Treasurer for the time being and that unto the Knights Citizens and Burgesses of every the Shires Cities and Townes before named assembled in the same Parliament and to certaine Burgesses of the Borough Townes in the same Shires should be delivered one measure of every such measures which her Majestie should cause to be made according to the tenor of the said Act for the common wealth of her highnesse subjects within this Realme of Ireland according to her Majesties Standerd of her Exchequer in this Realme by Indenture thereof to be made betweene the Lord Treasurer of this Realme or the under Treasurer for the time being at the cost and charges of the said Shire City Towne or Borough and that the said Knights Citizens and Burgesses to whom the said measure shall be delivered as is aforesaid shall surely and safely convey or cause the same to be conveyed by the said Citizens to their Cities and by the said Knights or Burgesses unto such Borough or Towne corporate or market Towne within the Shire for which they have beene elected as hereafter shall be appointed in this Act for the good custody of the same measures withall convenient speed and expedition there to remaine for ever in the keeping of the Maior Bailiffe Soveraigne Portriffe or other head officer for the time being of the same City Borough or Towne as her Majesties Standerds of measure and that the Inhabitants of all Cities Boroughes or market Townes within every of the said Shires should with all convenient speed after the same Standerds so delivered as is before prescribed make or cause to be made common measures according to the measures aforesaid to remaine in the said Cities Boroughes and market Townes and every of them and the measures to be viewed examined printed signed and marked by the Mayor Bailiffe Soveraigne Portriffe or other head officer in whose possession the said Standerd shall remaine or by his officer appointed in that behalfe and that every of the aforesaid Maiors Bailiffes Soveraignes Portriffes or head officers having the said measures printed and signed under the signe and print for the same with the letters of her Majesties name Crowned should have authority and power to make signe and print like measures unto every of her Majesties subjects duely requiring the same taking for marking of every bushell two pence lawfull money of Ireland and that no Merchant nor other person or persons within any City or market Towne in any the Shires before specified shall buy sell or receive any graine or corne with any measure except it be marked signed and printed in manner and forme aforesaid nor any other person or persons in any Shires before specified out of the said Cities Boroughes and market Townes except it be like and equall with the Standerd ordained and made for the said Shire precinct or place where any such person shall so sell buy or receive any such graine or corne and that every person aswell without Cities Boroughes and market Townes as within in every of the Shires above specified shall buy sell and receive and deliver with a bushell sealed signed and marked after the forme aforesaid and no otherwise upon forfeiture of the graine and corne so sold bought received and delivered halfe to the Queenes Majestie her heires and successors and the other halfe to the party grieved and that will sue for the same by Action of debt after the course of the
common lawes of this realme wherein no essoyne protection nor wage of Law to be admitted or allowed and that all the Maiors Bailiffes Soveraignes Portriffes and other head officers of every City Borough or market Towne within every the Shires above said shall cause twice in the yeare or oftner as they shall thinke necessary all measures within the said Cities Boroughes or market Townes to be brought afore them and to be duely viewed and examined and such as they shall upon examination finde defective immediately to be broken and burnt and the party or parties which in that behalfe hath offended and be found defective shall forfeite six shillings eight pence the forfeiture thereof to be unto the said Maior Bailiffe Soveraigne Portriffe or other having Iurisdiction or correction in that behalfe and at the second time the said offendors to forfeite thirteene shillings foure pence and at the third time likewise to forfeite twenty shillings the same forfeitures to be to the head officers as afore is said and for further punishment to be set upon the pillory to the example of others and that the Iustices of peace in every Shire of this Realme of Ireland have full power and authority to enquire heare and determine the said defaults and that the said Iustices of peace above said have authority to make like processe against all persons found as is above said defective and for such fynes and amerciaments as upon them shall be assessed as if they were endicted afore them for breaking of the Queenes peace provided alwayes that the examination of the defaults abovesaid and punishments of the offendours of every offence committed hereafter within any City or Towne corporate of this Realme that have by grant or Charter the office of Clerke of the Market or of Iustices of peace and their authorities or that have by grant or Charter fines amerciaments or forfeitures growing within their City or towne shall be had done and ministred by the head officers Clerke of the market or Iustices of peace within the same Cities or Townes incorporate for the time being and by none other the premisses notwithstanding and the same Maiors Bailiffes Soveraignes Portriffes or other head officers and their successors shall take perceive and retaine all and singular the fynes amerciaments forfeitures and penalties to grow by any offence to bee committed against any branch or article of this Act within their severall Iurisdictions and authorities in like manner as they should mought or ought to have any forfeitures fynes amerciaments and penalties within the severall Iurisdictions and authorities by reason of any grant or Charter made to them before the making of this Act any thing therein contained or any Law prescription custome or usage to the contrary hereof in any wise notwithstanding And forasmuch as great inconveniences and intollerable damage have and doth ensue by the occasion of diversity of measures within the Shires above mentioned thereby amongst other hatefull evils men are moved to buy in one market and sell the same graine in another to the great subvertion of good orders in markets it was enacted and established that the several Standerds to be made by her Majestie for the severall Shires Cities and Townes before named shall keepe and hold the quantities hereafter following that is to say the bushell for the Wheat Rye Maslen Beanes and Peese shall containe 16. Ale gallons and the bushell for the Mault Oates and Barley shall containe 20. Ale gallons and that the same Standerds and measures shall be kept and remaine in the Townes and places hereafter appointed in this Act as her Majesties Standerds for ever and that every bushell of Wheat Corne shall be received stricked without heape and the bushell of Mault Corne shall be layed and pressed downe just with the brim of the bushell after the accustomed manner of measuring Mault and not in other manner upon forfeiture of the Corne received contrary to the tenor hereof or of the just value and price thereof The Names of the Townes limitted for the Custodie of Measures according to the Queenes Standard appointed by the said Act for the Shires in the same Act mentioned 1. County of the Citty of Dublin and the County of Dublin 1. The Citty of Dublin 2. The County of the Towne of Drogheda 2. The Towne of Drogheda 3. The County of Catherlagh 3. The Towne of Catherlagh 4. The County of Lowth 4. The Towne of Dundalke 5. The Kings County 5. The Towne of Phillipstowne 6. The County of Meath 6. The Towne of Tryme 7. The County of Kildare 7. The Towne of Kildare 8. The County of Wexford 8. The Towne of Wexford 9. The County of Westmeath 9. The Towne of Molingare 10. The Queenes County 10. The Towne of Maryborough These two last statutes I have rehearsed at large because upon them two the authority of the Iustice of peace out of the Sessions chiefely dependeth Warrants and Presidents CHAP. 72. 1. VVArrants and presidents which concerne the exercise of the office of a Iustice of peace out of the generall Sessions are of severall sorts viz. they concerne either Treasons Felonies Misprisions Praemunires forcible Entries forceible detainers Riots Routs and unlawfull assemblies security of the peace and good behaviour or other misdemeanors or offences of severall sorts 2. As concerning Treasons and felonies upon information made of any Treason or felon commited any one Iustice of peace may direct his warrant to the Sheriffe or to the high Constables or petty Constables or to all or any of them to make search for the traitours or felons and also for the stolne goods A warrant to apprehend a Traitour may be thus 2. Comitat. Dublin A.B. Esquire one of his Majesties Iustices of peace within the County of D. To the high Sheriffe of the said County to all high Constables petty Constables and other his Majesties officers greeting c. Whereas E. F. and G. H. are vehemently suspected to have committed Treason whereof I have received Information These are therefore in his Majesties name streightly to charge and command you and every of you upon sight hereof without any delay within your severall Bailiwickes Hundreds Baronies and Constablewicks to make diligent search for the bodies of the said E. F. and G.H. and them or either of them so found to attach and arrest and immediately upon such arrest to bring before me at my house at Dale in the said County whereof you may not saile at your perill sealed with my seale and dated the first day of Ianuary in the xiij yeare of the Raigne of our soveraigne Lord King Charles of England Scotland France and Ireland defendor of the faith c. 3. The like warrant may be made for the apprehension of felons mutatis mutandis A warrant to search for stolne goods may be thus Comitat. Dublin 4. A.B. Esquire one of his Majesties Iustices of peace within the County of Dublin To the Sheriffe of the said County and to
which by the statute of 31. Ed. 1. are declared to be oppressors of the poore and publique enemies of the whole commonalty and Countrey and are to be punished as followeth viz. For the first time to be amerced and lose the thing so bought for the second time to have the judgement of the pillory for the third time to be imprisoned for the fourth time to abjure the Towne and this Iudgement shall be given upon all manner of Forestallers and likewise upon them that give them counsell helpe or favour 31. Ed. 1. Rastal Forestallers 1. And by another statute in 25. Ed. 3. cap. 3. Forestallers of wines and al other victuals wares and merchandises that come to good Townes by land or by water shall forfeit the thing Forestalled if the buyer thereof hath given satisfaction to the seller and if he hath not given satisfaction of all but only by earnest the buyer shall incurre the forfeiture of as much as the Forestalled goods amount unto after the value as he bought them if he hath whereof and if he hath not then he shall have two yeares imprisonment and more at the Kings pleasure without being let to mainprise or delivered in other manner and if he be attainted at the suite of the party the party shall have the one halfe of such things Forestalled and forfeit or the price of the Kings gift and the King the other halfe Regrators 24. If any person or persons shall in any Faire or market buy any Corne Wine Fish Butter Cheese Candles Tallow Sheepe Lambes Calves Swine Piggs Geese Capons Hens Chickens Conies or other dead victuall whasoever that shal be brought to any Fayre or Market to be sold and doe sell the same againe in any Faire or market holden or kept in the same place or in any other Faire or market within foure miles thereof these are Regrators and are to be punished by Fyne and imprisonment for this offence as a misdemeanour at the common Law but by a statute made in England in 5. E. 6. cap. 14. which is not of force in Ireland these are to be punished as followeth that is to say for their first offence to suffer imprisonment by the space of two moneths without bayle or mainprise and also to lose and forfeit the value of the goods Cattell and victuall so by them bought or had and for the second offence to suffer imprisonment by the space of halfe a yeare without bayle or mainprise and to lose the double value of all the goods Cattell and victuall so by them bought and for the third offence to be set upon the Pillory in the City Towne or place where they shall dwell and inhabit and to lose and forfeit all the goods and Cattell that they have to their owne use and to be imprisoned during the Kings pleasure and although this statute be not of force in Ireland yet the same may serve for a good direction to the Iustices of peace to guide them in the assessing of the fyne and imposing of imprisonment upon the offendors 25. If any person or persons shall get into his or their hands by buying contracting or promise taking other then by demise grant or lease of lands any Corne or Graine Butter Cheese Fish or other dead victuals whatsoever to the intent to sell the same againe these are unlawfull Ingrossers Ingrossers and are to be punished by Fyne and imprisonment in all points as in the last precedent section is expressed for Regrators 26. If any person or persons shall use any false waights or measures False waights and measures by a statute made in 9. H. 5. ca. 8. they are to be punished by Fyne and Ransome 27. Breakers of the Assize Breakers of the assise of bread and drinke are to be punished as followeth viz. For the first second and third offence unlesse the offence be very great they are to be punished by amerciament and for the fourth offence if it be a man to be set upon the pillory and if a woman to be punished upon the Tombrel or Cuckingstoole 51. H. 3. Rastall weights 2. 28. If any person or persons shall sell Corrupt victuals or set to sale any manner of unwholesome or corrupt meate or drinke they are to be punished in this manner following viz. for the first time to be grievously amerced the second time to be set on the pillory the third time to be fyned and imprisoned and the fourth time he shall abjure the Towne Statute of Bakers and Brewers Anno 31. Ed. 1. Rastall Butchers 1. 29. All victuallers are to sell their victuals at reasonable rates Selling of victuall at excessive Rates for reasonable gaine having respect to the price that such victuals are sold at in places adjoyning so that the same sellers may have a moderate gaine and not excessive reasonably to be required according to the distance of the place whence the said victuals be carryed and if any fell such victuals in any other manner he shall pay the double of the same that he so received to the party damnified or in default of him to any other that will pursue and the Maiors and Bailiffes of Cities Burrowes Merchant Townes and of the ports of the Sea and other places shall have power to enquire of all and singular such persons as shall in any thing offend the same and to levy the said paine to the use of them at whose suit such offendors shall be convict and in case that the same Maiors and Bailiffes be negligent in doing execution of the premisses then the same Maiors and Bailiffes shall pay the treble value of the thing so sold to the party damnified or to any other that in default of him will pursue And neverthelesse they shall be grievously punished towards the King 23. Ed. 3. ca. 6. and 12. R. 2. ca. 3. and 13. R. 2. cap. 8. 30. All Artificers Deceit in Artificers as Tanners Clothiers Dyers and all other Tradesmen whatsoever which shall use any deceit in their Trade or making of their manufactures are by the common law to be enquired of and presented and to be punished by Fyne and imprisonment and by divers statutes made in England they are to have more grievous punishment but those statutes are not of force in Ireland 31. If any Goldsmiths Goldsmiths shall worke any base mettall and not of the true allay or shall use any other deceit they are to forfeit the value of the thing wrought and for guilding upon base mettall they are to forfeit ten times the value 37. Ed. 3. cap. 7. 2. H. 5. ca. 4. 8. H. 5. c. 3. 28. Ed. 1. cap. 20. 32. If any person or persons shall embrace any Iurors by bribes to finde a verdict for the one partie or the other in any suit whatsoever the offendour is to be grievously punished viz. to forfeit ten times as much as was given by way of embracery Imbracery and also to be imprisoned at
cause to be taken or conveyed away any maid or woman-child unmarried being within the age of sixteene yeares out of or from the possession Taking away of yong maids c. custodie or governance and against the will of the father of such maid or woman-child or of such person or persons to whom the father of such maid or woman-child by his last will and testament or any other act in his life time hath or shall appoint assigne bequeath give or grant the keeping education or governance of such maid or woman-child except such taking and conveying away as shall bee had made or done by or for such person or persons as without fraud or covin be or then shall be the master or mistrisse of such maide or woman-childe or the guardian in soccage or guardian in Chivalrie of or to such maid or woman-child every such person so offending being above the age of 14. yeares shall suffer imprisonment by the space of two whole yeares without baile or mainprise and if the said maid or woman-childe so taken away as aforesaid shall be defloured or against the will or unknowing of or to the father of any such maid or woman-childe if the Father be living or against the will or unknowing of or to the mother of any such maid or woman-childe having the custodie and governance if the father bee dead or shall by secret letters messages or otherwise be contracted or married except such contract shall bee made by the consent of such person or persons as by the title of wardship shall have or bee intitled to have the marriage of such maide or woman-childe then every such person so offending shall suffer imprisonment by the space of five yeares without baile or mainprise 10. Caroli cap. 17. in Ireland 13. If any person or persons shall plow harrow Plowing by the Tayle draw or worke any horse gelding mare garron or colt by the taile or shall cause procure or suffer any other to plow or harrow his ground or to draw any other carriages with his Horses Mares Geldings garrons or colts or any of them by the taile or shall pull the wooll of any living sheepe or cause or procure the same instead of shearing or clipping of them hee is to be punished by fine and imprisonment at the discretion of the Court 11. Car. cap. 15. in Ireland Burning of Corne in the straw 14. So likewise if any person whatsoever shall by himselfe his wife children or servants burne or cause to bee burned any corne or graine in the straw of what kinde soever he is to be imprisoned in the common gaole of the county for the space of ten dayes without baile or mainprise and the delinquent to pay the charge of sending him to the gaole as aforesaid and for his second offence to be imprisoned by the space of a whole yeare without baile or mainprise and to pay the charges as aforesaid and for the third offence to forfeit fortie shillings and to be bound to the good behaviour and to pay the charges as aforesaid the said fortie shillings to bee paid towards the reliefe of the parishioners in the said gaole unto the hands of the chiefe magistrate of the place where such gaole is before the offendour be discharged 11. Car. cap. 17. in Ireland Coshering 15. If any person that hath no meanes of abilitie of his owne or sufficient meanes of support from his parents and kindred shall walke up and downe the countrey with their fosterers or kindred and retinue with one or more grey-hound or grey-hounds or otherwise or shall cosher lodge or cesse himselfe his followers horses or grey-hounds upon the inhabitants of the countrey or shall directly or indirectly exact meat or drinke or money from them or shall crave any helpes in such sort as the poore people dare not deny the same for feare of some scandalous rimes to be made upon them or some worse inconvenience to be done unto them Every Iustice of peace is to apprehend or cause to be apprehended all such offendors and to binde them to their loyalty or to the good behaviour as in their discretion they shall thinke fit and to commit the offendors untill they finde such securitie and the Sheriffe bailiffes Constables Provost Marshals and all other his Majesties Loyall subjects are to be aiding and assisting upon request of the Iustices of peace in apprehending of such Cosherers and wandring idlers and if they shall make default herein they are to be punished for their neglect by fyne and imprisonment at the discretion of the Court. 11. Car. cap. 16. in Ireland Selling wine or other liquor 16. If any person shall sell wine Ale or other liquor within any citie or towne franchised by measures not sealed he is to be punished by a fine of ten shillings for every time hee shall offend herein 28. H. 6. cap. 3. in Ireland English habit and language 17. By a statute made in 28. H. 8. cap. 15. in Ireland all manner of persons should use English apparell habit and language or in default thereof to be punished as followeth viz. every Lord spirituall and temporall that shall offend herein is to forfeit 6.l 13 s 4.d every Knight and Esquire 40 s every Gentleman or Merchant 20 s every Free-holder and Yeoman 10 s every Husbandman 6 s 8.d and all others 3 s 4.d for every offence Leazors of Corne. 18. Such as use leazing of corne in Harvest and are able to labour for wages and will not are to be punished in manner following that is for every time offending to loose all the Corne gathered by leazing and to forfeit one shilling and also the owner of the Field that shall willingly suffer such leazers is to forfeit for every time one shilling 28. H. 8. cap. 24. in Ireland 19. Such as keepe Inmates Inmates in harvest that refuse to labour for wages and imploy themselves in leazing of Corne the Keepers of such Inmates are to be punished by forfeiture of 6 s 8.d for every such offence 24. H. 8. cap. 24. in Ireland 20. Whosoever shall keepe Swine Keeping of swine c. upon any Strand where the Sea doth ebbe and flow whereby the Spawne of fish is destroyed the same swine are forfeit and it is lawfull to any person that will to seize upon them as forfeit and if such swine shall be rescued from him that shall so seize the same the person or persons so rescuing are to be punished by fyne and imprisonment 11. Eliz. cap. 3. in Ireland 21. If any person or persons shall lay any Hempe or Flax to bee watered or shall lay any lymed hydes in any fresh river Hempe and Flax c. the partie offending by the Stat. of 11. Eliz. cap. 5. in Ireland is to forfeit the Hempe Flax and Hydes or the treble value of the same 22. If any person or persons shall stop or straighten any high-wayes Nusans this
such houses shall bee built and so from time to time appoint Governours or masters thereof and may make them such allowance and maintainance as they shall thinke meet And if the masters of such houses doe not every Quarter Sessions yeeld a true and lawfull accompt unto the Iustices of peace of all such persons as have beene committed to their custodie or if the said persons trouble the Countrie by going abroad or escape from such houses of Correction the most part of the said Iustices in their Quarter Sessions may Fine the said Masters and Governors as they shall thinke fit 15. In like manner by the statute of 10. Car. cap. 18. in Ireland the Iustices of peace in their open Sessions have power to enquire heare and determine the defaults of Vnder-Sheriffes Sheriffes Clerkes or the Clerkes of Under-sheriffes and the defaults of bailiffes of Franchises for not duely executing their office according to the said stat 16. So likewise by the stat made in Anno 10. Car. cap. 26. in Ireland the Iustices of peace in the Quarter Sessions with the assent of the Grand Iury have power and authority to taxe and set every inhabitant in any such County Baronie Citty Burrough Towne or Parish within the limits of their Commissions to such reasonable aide and summe of money as they shall thinke by their discretions convenient and sufficient for the new building repairing reedifying and amendment of any Bridges Causeyes and Toghers and after such taxations made the said Iustices of peace shall cause the names and summes of every particular person so by them taxed to be written in a Roll indented and shall also have power and authoritie to make two Collectors of every Baronie Cittie Burrough Towne or Parish for Collection of all such summes of money by them set and taxed which Collectors receiving the one part of the said Roll indented under the Seales of the said Iustices shall have power and authoritie to collect and receive all the particular summes of money therein contained and to distraine every such inhabitant as shall be taxed and shall refuse paiment thereof in his lands goods and chattels and to sell such distresse and of the sale thereof retaine and perceive all the money taxed and the residue if the distresse be better deliver to the owner thereof And likewise the said Iustices of the peace have power and authoritie to name and appoint two Surveyors which shall see every such Bridge Causey and Togher builded repaired and amended from time to time as often as need shall require to whose hands the said Collectors shall pay the said summes of money taxed and by them received and that the Collectors and Surveyors and every of them and their executors and administrators and the executors and administrators of them and every of them from time to time shall at the publike Sessions of the peace make a true declaration and accompt to the Iustices of peace of the Shire Citty or Towne corporate wherein they shall be appointed Collectors or Surveyors of the receipts payments and expences of the said summes of money and if they or any of them refuse that to doe that then the Iustices of peace from time to time by their discretions shall have power and authority to make processe against the said Collectors and Surveyors and every of them their executors and administrators and the executors and administrators of every of them by Attachments under their seales returneable at the generall Sessions of the peace and if they appeare then to compell them to accompt as is aforesaid or else if they or any of them refuse that to doe then to commit such of them as shall refuse toward there to remaine without baile or mainprise till the said declaration and accompt be truely made and the said Iustices have full power and authoritie to allow such reasonable costs and charges to the said Surveyors and Collectors as by their discretion shall bee thought fit and convenient 16. And likewise by another statute made in Anno 10. Carol. ca. 15. in Ireland the Iustices of peace have power in their Quarter Sessions to enquire heare and determine all and every offence and offences of plowing harrowing drawing and working with Horses Mares Gueldings Garrans and Colts by the Tayle And also of pulling the wooll from living sheepe in stead of clipping or shearing of them and to punish the offendors by Fyne and Imprisonment 17. So likewise by the statute of 33. H. 8. ca. 9. in Ireland the wages of Artificers and Labourers are to be rated twice in the yeare viz. at the Quarter Sessions next after Easter for that halfe yeare following and at the quarter Sessions next after Michaelmas for the other halfe yeare and the wages of servants which are to serve by the yeare to be rated in the Quarter Sessions next after Easter And in like manner by the statute of 13. R. 2. cap. 8. the Iustices of peace in any generall Sessions are to set rates upon victuals and to punish the victuallers which breake those Rates 18. But here M. Lambard in his fourth booke cap. 19. of the Quarter Sessions would make us to beleeve that if the quarter sessions or generall sessions of the peace be not holden at the precise times appointed by the said statute of 2. H. 5. cap. 4. but that the same be held at any other time the Iustices of peace have no power to enquire of heare determine or otherwise to intermedle with any of the matters aforesaid which are appropriated to the quarter Sessions for saith he such Sessions as are not held at the times prescribed by the said statute of 2. H. 5. are no Quarter Sessions and then all that is done before the Iustices of peace concerning the matters aforesaid in any sessions holden at any other time is coram non judice and without warrant but herein I am not of M. Lambards opinion for that the sessions named in some statutes the principall sessions in others the open Sessions and in others the generall or quarter sessions of the peace are all one and the same and are all styled by one and the same style that is generalis sessio pacis and there is not any Sessions styled by the name of Quarter Sessions although in common parlance we call them so because they are held quarterly So as those statutes which referre any thing to the principall the publick open or quarter sessions are all to be understood of that generall Sessions which is held quarterly and all those things may bee there handled although the same be not held at the precise times prescribed by the statute of 2. H. 5. as M. Lambard would have it to bee for the authority whereby the generall sessions of the peace are held is not the statute of 2. H. 5. nor any other statute but the Commission under the great seale whereby the Iustices of the peace are authorised to hold their sessions at such times and places as
offence 3.l 6 s 8.d 28. H. 8. ca. 15. in Ireland 23. Incumbents not keeping Schooles in their parishes to teach English 23 To forfeite for the first time 6 s 8.d for the second 20 s and for the third time to loose their benefices 28. H. 8. ca. 15. in Ireland Fourthly Other abuses and enormities viz.   1. Prophaning of the Sabbath by keeping Faires and markets by manuall labour by playes and haunting Tavernes and Ale-houses upon the Sabbath day 1 Imprisonment and to bee bound to the good behaviour 2. Keeping of Fayres or Markets in Churches or Church-yards 2 Fyne and imprisonment 13. E. 1. Statute de Winton 3. Depraving the booke of Common prayer by words or by writing or using any other common prayer or administration of Sacraments then is prescribed in that booke 3 For the first offence the profits of all the offendors spirituall promotions and six months imprisonment for the second offence deprivation a yeares imprisonmēt for the third time imprisonment during life and deprivation in spiritual persons For lay persons for the first offence a yeares imprisonment for the second offence imprisonment during life 2. El. ca. 2. in Ireland 4. Disturbing the Minister in execution of his function according to that booke 4 To forfeit for the first offence 100. markes or six months imprisonment For the second offence 400. markes or 12. months imprisonment For the third offence all his goods and chattels and imprisonment during life 2. El. ca. 2. in Ireland 5. Cursing and swearing 5 For every time 12. d. 10. Caroli cap. 1. in Ireland 6. Common turbulent drunkards 6 Imprisonment Fyne and bonds for the good behaviour 7. Common Adulterers 7 Imprisonment and bonds for the good behaviour 8. Keepers of common Baudie-houses and such as frequent them 8 Imprisonment Fyne and Bonds for the good behaviour 9. Keepers of common gaming houses and common gamesters 9 Imprisonment Fyne and Bonds for the good behaviour 10. Alehouse-keepers that keepe misorder in their houses 10 Imprisonment Fyne and Bonds of the good behaviour 11. The killing of yong Spawne and Frie of Samon and Eeles 11 Forfeiture of 40 s and of the Nets and Engines 10. Caroli ca. 14. in Ireland 12. The taking away of yong women under the age of sixteene yeares or marrying of them without the consent of their parents or Tutors 12 Imprisonment by the space of two yeares and if the offendor shall marry her imprisonment by the space of five yeares 10. Caroli ca. 17. in Ireland 13. Plowing by the Taile and pulling the wooll off living sheepe 13 Fyne and imprisonment 11. Caroli ca. 15. in Ireland 14. Burning of Corne in the Straw 14 Fyne and imprisonment 11. Car. ca. 17. in Ireland 15. Coshering and idle wandring 15 Imprisonment and bonds of loyaltie or of the good behaviour at the discretion of the Iustices of Peace 11. Caroli ca. 16. in Ireland 16. Selling of Wine Ale or any other liquor within any Citty or Towne Franchised by measures not sealed 16 Forfeiture 10 s 28. H. 6. ca. 3. in Ireland 17. Wearing of Irish apparell and not using the English habite and language 17 For every Lord Spirituall and Temporall 6.l 13 s 4.d For every Knight and Squire 40 s For every Gentleman or Merchant 20 s For every Freeholder and yeoman 10 s For every Husbandman 6 s 8.d And for all others 3 s 4.d for every offence 28. H. 8. cap. 15. in Ireland 18. Leasing of Corne in harvest by such as are able to labour and permitting of it by the owners 18 For every time offending to loose the Corne and to forfeit 12.d and the owner of the field that willingly shall suffer such leazers to forfeit for every time 12.d 28. H. 8. ca. 24. in Ireland 19. Such as keepe Inmates in harvest that leaze Corne. 19 Forfeiture 6 s 8.d 28. H. 8. ca. 24. in Ireland 20. The rescuing of Swine kept upon any Strand where the Sea doth ebbe and flow from him that shall sease upon them as forfeit 20 Fyne and imprisonment 11. El. ca. 3. in Ireland 21. Laying of Hempe Flax or lymed Hydes in any fresh river 21 Forfeiture of the Hempe Flax Hydes or the treble value of the same 11. El. ca. 5. in Ireland 22. Stopping or straightning of any common way 22 Fyne and imprisonment 23. Stopping or diverting of any water-course whereby any common way or passage is annoyed 23 Fyne and imprisonment 24. Casting of dung or any other thing into any common street or way which doth in any sort annoy the passage 24 Fyne and imprisonment 25. The buying of Hydes Fels Chequers Flegs Yarne Linnen cloath wooll and Flocks by Gray Merchants to sell againe in any other place but in Market or Fayre 25 To be punished as a Forestaller vide supra Forestaller 33. H. 8. ca. 2. in Ireland 26. Sheriffes letting their Bailiwickes to Farme 26 Forfeiture 40.l 23. H. 6. ca. 10. 27. Sheriffes refusing to let men to baile that are baileable 27 To forfeit 40.l to the King and treble damage to the party 23. H. 6. ca. 10. 28. Sheriffes levying Fynes or amerciaments by reason of any indictment or presentment in his Turne Court without processe from the Iustices of peace or that have not brought in such presentments or indictments to the next generall Sessions of the Peace 28 To forfeit 40.l 1. E. 4. ca. 2. 29. Undersheriffes Bailiffes of liberties and others that take upon them to returne panels or Talles or medle with the execution of processe before they take the oath for the true execution of their offices according to the statute of 10. Caroli 29 To be fined to the King in 40.l and pay treble damages to the party grieved 10. Caroli ca. 18. in Ireland 30. Undersheriffes Bailiffes and others that doe any thing contrary to the said oath 30 Fyne to the King 40.l treble damages to the party grieved 10. Carol. ca. 18. in Ireland 31. Purveyors that take any thing of the value of 40 s or under without making ready payment 31 To forfeit the value to the partie and loose his office 2. H. 4. ca. 14. 32. Artificers Labourers or lay men that have not lands worth 40. s. per annum nor priests that have not 10.l per annum that shal keep any Greyhound or other Dog to hunt or use any Ferrets Nets or other Engines to kill Deere Hares or Conyes 32 A yeares imprisonment 13. R. 2. ca. 13. 33. Constables that have not given assistance to the owners of goods to resist Purveyors that take goods under the value of 40 s without paying for the same and any of the Kings officers that have procured any to be arrested or vexed for such resistance 33 Forfeit of 20.l by the officer of the King and the Constable the value of the thing and double damage to the party 20. H. 6. ca. 8. 34. If any man have raised Huy and Cry without cause or being raised upon good cause