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A16313 A iustice of peace for Ireland consisting of two bookes: the first declaring th'exercise of that office by one or more iustices of peace out of sessions. The second setting forth the forme of proceeding in sessions, and the matters to be enquired of, and handled therein. Composed by Sir Richard Bolton Knight, Chief Baron of his Majesties Court of Exchequer in Ireland. Whereunto are added many presidents of indictments of treasons, felonies, misprisions, præmunires, and finable offences of force, fraud, omission, and other misdemeanors of severall sorts, more then ever heretofore have beene published in print. Bolton, Richard, Sir, 1570?-1648. 1638 (1638) STC 3223; ESTC S107128 601,677 634

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before time made of Purveyors and buyers shall be holden and kept and put in due execution and in case that any Purveyor buyer or taker will take and make purveyance or buy any thing to the value of 40. s. or under of any person and make not ready payment in hand 40. s. ready payment that then it shall be lawfull to every of the Kings liege people to retaine their goods and chattels and to resist such Purveyors and buyers Resist and in no manner wise suffer them to make any such Purveyances buyings or takings and for the peace better to be kept that every Constable Constable Tithingman Tithingman or chiefe pledge of every Towne or hamlet where such purveyances or takings shall be made shall be aiding or assisting to the owner or seller of such things to be against the forme of this ordinance to make resistance in the forme aforesaid in case that such Constables Tithingman or chiefe pledge bee required that to doe upon paine to yeeld to the partie so grieved the value of the things so taken with his double damages and that none of the Kings liege pleople be put to losse or damage by the King or any officer for such resistance and that none of the Kings officers shall doe to be arrested vexed or impleaded in the Court of the Marshalsey or elsewhere any of the Kings liege people for such with-holding or not suffering to be done upon paine to lose twenty pounds Forf Moitie the one moity of that to the King and the other moitie to him which will in such case sue and that the Iustices of peace Iustice of peace in every County shall have power by authority of this ordinance to enquire heare and determine Oyer and Ter. aswell at the suite of the King as of him that will sue of any thing done against this ordinance and thereof to make due punishment and execution and to award damages Damages to the party plaintiffe when any defendant is thereof duely convict and that in every Action to be taken upon this ordinance every party defendant shall be put to answere to that without aide of the King and in such Actions to be taken No aide Proces proces shall be made as in a writ of Trespasse done against the peace and that in every Commission Commission of Purveyors takers or buyers to be made this ordinance shall be contained and expressed and moreover that this ordinance among other statutes of Purveyors buyers or takers before this time made shall be sent to the Sheriffes Sheriffe of every County to proclaime and deliver the said statutes and ordinances in the manner and forme contained in the statute of purveyors and buyers made in the first yeare of the Raigne of the said King H. 6. And moreover the King will and commandeth that the statute made the six and thirtieth of King Edward late King of England after the cōquest touching Purveyors of other persons then of the King shall be put in due execution Anno 20. H. 6. cap. 8. 13. In anno 23. H. 6. ca. 2. 23. H. 6. ca. 2. it is ordained that the said statutes of an 36. E. 3. from thenceforth should be duely kept and put in due execution and moreover that every purveyor and buyer before that he shall have any Commission shall be sworne Sworne in the Chancery Chancerie that he shall take nothing of the people contrary to the said ordinances and moreover forasmuch as the poore people be not of power nor dare make resistance against the purveyors and buyers nor sue them by the law though that they doe contrary to the said statutes It is ordained by the same authority that the praisers and also all the Towne and townes Townes adjoyning if need be shall be bound to doe their devour and power to resist Resist the buyers and purveyors doing contrary to the said statutes and as much as in them is to execute the said statutes upon the said Purveyors if they be required and that he which is grieved of his goods taken contrary to the said statutes and ordinances may chuse to have either an Action of debt Action of debt against the said preisers Towne or Townes and every of them which doe not their devour in resistance of the said Purveyors or buyers in the forme aforesaid when they shall be required or else against the said Purveyors 3. Value 3. Damages or buyers and every of them to recover the treble value of his goods so taken and moreover his treble costs and damages and if any purveyor and other the Kings officer doe trouble or vexe any of the Kings liege people in the marshalsey or elsewhere by any evill suggestion or cause fayned imagined or coloured upon them because of the execution of the said ordinances he shall incurre the paine of Twenty pound Forf to be paid to the party grieved over his damages and costs in that behalfe sustained and that he thereupon shall have a writ of debt Writ of debt and that every issue Issue triable in this action shall be tried in the county County where the taking of the said goods was made and that the defendants in the said causes shall not be admitted to wage their law and shall be put to answere without forcing and no e●●oyne ●ide of the King nor protection shall be to them allowed and that the Sergeant of the Caterie S●●●eant of C●terie shall satisfie all the damages debts and executions which shall be recovered against every Purveyor and buyer underneath him in all the cases aforesaid in case that the Purveyor or buyer be not sufficient to satisfie and the party complainant shall have a scire facias Scire facias to have execution against the said Sergeants in the case and that these statutes and ordinances shall be sent to the Iustices of the peace in every County to proclaime them every yeare and thereof to informe the people Iust of P. Proclamation Anno 23. Hen. 6. cap. 2. 14. If any buyer or other officer of any Lord Lord. or person 23. H. 6. ca. 14. of what estate degree or condition that he be presume upon him to take or otherwise doe take any victuals Victuals Corne Corne. or hay Hay carriages Carriage or any other thing whatsoever of any of the Kings liege people in any wise against their will without lawfull bargaine betwixt the said buyers or officers and the said liege people thereof to be made to the use of the said Lords for their houses but all onely for the King and the Queene and their houses that then if notice or request be made to the Mayor Maior Sheriffe Sheriffe Bailiffe Bailiffe Constable Constable Officers or other of the Kings ministers of Cities and Borroughes or other Counties or places where such taking shall
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
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
kingdome out of another kingdome knowing the same to be false and counterfeit   9. Killing the Chancellour Treasurer or any Iustice of the one Bench or the other or any Iustice in Eyre or of Assise or any other Iustice of Oyer and Terminer being in his place and doing his office     10. Going into rebellion or standing upon their keeping and being so upon their keeping robbing burning or spoiling any of the Kings subjects 11. Wilfull burning of houses or Rickes of Corne in the fields or villages 12. Taking the name of O Neale or any thing by colour of that name or dignitie 13. Murder of malice prepensed 14. Putting or receiving into Comricke The punishment for the 6. 7. 8. 14. 15. 21. and 22. of these treasons for a man is to bee drawen and hanged and for a woman to be burned and for all the rest for a man to be hanged drawne and quartered and for a woman to be burned vide Coke libro Intrationum fo 360. 6. El. Dy. fo 230. p. 55. 1. H. 6. fo 6. Stamford fo 32. f. 15. Sessing of horsemen or footmen by Lords or others upon the Kings subjects without authoritie 16. Causing of assemblies insurrections or conspiracies or in any wise procuring or stirring the Irish or English to make warre against the Kings Lievetenant Deputy or Iustice or in any manner procuring or stirring up the Irish to make warre upon the English 17. Extolling of forraigne power or Iurisdiction in this kingdome after two convictions   18. Procuring or consenting to the committing of any high Treason or relieving of any Traitor after the Treason committed knowing the same 19. Rescuing of Traitours which are arrested for suspition of Treason   The punishment for the 6. 7. 8. 14. 15. 21. and 22. of these treasons for a man is to bee drawen and hanged and for a woman to be burned and for all the rest for a man to be hanged drawne and quartered and for a woman to be burned vide Coke libro Intrationum fo 360. 6. El. Dy. fo 230. p. 55. 1. H. 6. fo 6. Stamford fo 32. f. 20. Voluntarie escapes of Traitours which are committed for suspition of Treason 21. Breach of prison by any that is committed or arrested for Treason 22. Breach of prison by any others whereby any that is committed for Treason doth escape this is Treason aswell in the prisoner that escapeth as in him that brake the prison Secondly of Felonies which bee of two sorts that is 1. Felonies of death 2. Felonies not of death   First Felonies of death viz. 1. Manslaughter 2. Rape 3. Taking away any woman that hath any goods or lands or that is heire apparant to her father by force with an intent to marry her 4. Cutting out the tongue or putting out the Eyes of any malitiously The Iudgement for all these Felonies of death is to bee hanged 5. Burglarie which is the breaking of any dwelling house Church or gates of a Citty by night with intent to steale kill or to commit any other felony in the house Church or Citty 6. The breaking of any dwelling house in the day time and stealing any thing out of it that exceedeth the value of 12.d     7. The robbing of a stall in a Faire or Market and stealing any thing out of it that exceeds the value of 12.d 8. Robbery which is the taking of any thing feloniously in or neare the high way from the person of any whereby hee is put in feare 9. Cutpursses which feloniously take any thing above the value of 12.d privily from the person of any 10. Stealing of any goods or Cattell in the fields or elsewhere above the value of 12.d 11. Rescuing of felons which are arrested for suspition of felony The Iudgement for all these Felonies of death is to bee hanged 12. Breaking of prison by such as are committed for felony 13. Voluntary escapes suffred by Gaolers Constables and such other persons as suffer any that is in their custody for suspition of felony to escape   14. Forging of false deeds by any after he hath been once convicted of forgerie 15. Taking distresses for debt breach of promise covenant or such like where no distresse lyeth by the law 16. Taking of meat drinke against the will of the owner 17. Taking of Cuddyes and Coyney 18. The servant running away with his masters goods which were delivered unto him 19. Conjuration or Invocation of evill spirits to any intent whatsoever     20. Witchcraft and sorcerie whereby any is killed or wherby any shall be hurt in body or goods the second time 21. Marrying of a second wife or husband the former being alive 22. Buggarie with man or beast 23. Purveyors that take up mens goods without warrant or contrary to the statutes concerning Purveyors 24. Acknowledging a Iudgement Recognisance statute Fine Recovery or baile in the name of another without his privitie The Iudgement for all these Felonies of death is to bee hanged 25. Stealing or taking up any reclaimed Hawke concealing it and not bringing it to the Sheriffe to be proclaimed 26. Multiplying of gold or silver   27. Hunting by night in any Parke or Warren with vizards or painted faces and not confessing the same upon examination before a Iustice of peace 28. Souldiers departing from their Captaine without licence after they have received pay 29. Masons assembling to breake the effect of the statutes of Labourers 30. Bringing into this kingdome any summons processe or excommunication against any person for executing the statute of provisions 31. Gaolers causing their prisoners by duresse to become approvers   that is to appeale others falsely   The Iudgement for all these Felonies of death is to bee hanged 32. The procuring of felonies or relieving of felons by receiving the stolne goods or otherwise knowing of the felony Secondly Felonies not of death viz.   1. Manslaughter in ones own defence 1 The punishment of these two felonies of Manslaughter in ones owne defence and manslaughter by misfortune is only the forfeiture of goods and chattels and the offendour is to sue forth his pardon of course 2. Manslaughter by misfortune 2. 3. Pettie Larceny under the value of 12.d in a man and under 10 s in a woman 3. The punishment of pettie Larceny is forfeiture of goods and chattels and whipping or imprisonment at the discretion of the Iudge if it be under 12.d for women if it exceed 12.d and be under 10 s to be burnt in the hand whipped and imprisoned at the discretion of the Iustices so as it exceed not a yeare Thirdly of Misprisions which are of three sorts that is 1. Of Treason 2. Of Felony 3. Other Misprisions     First of Treason viz. 1. The punishment of these Misprisions of Treason is forfeiture of goods chattels and the profits of lands during the life of the offendor and perpetuall imprisonment 1. Concealement of Treason after knowledge of the
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
happen to be that the said Maior Sheriffe Constable Officer and Minister to whom such notice or request shall be made by and by shall take and arrest all such buyers and officers so doing or offending Arrests Impris Mainprise and them shall send to the Kings next prison there to remaine and not to be let to baile nor maineprise till the time that they have restored all the said victuals carriages and other things so taken or the very value of the fame and if the said Maior Maior Sheriffes Sheriffe Bailiffes Bailiffe Constables Constable and Officers aforesaid doe contrary to this that then they shall forfeite twenty pound whereof the King shall have the halfe Forf Moitie and the party from whom such things be taken the other halfe if he will sue by an Action of debt Action of debt in the which the defendant shall not doe his Law and if he will not sue whosoever will sue for the King and himselfe shall have the suite to recover to himselfe the one halfe thereof and the King the other halfe and if any of the said buyers other then of the King and the Queene be duely convict Convict of such unlawfull taking as afore is recited at the suite of such parties as shall be against them in this behalfe that then they shall yeild to the party which so sueth the treble value of the victuals or other thing so taken and the double costs of their suits 3. Value 2. Costs and for the said trespasses to make fine Fine and ransome to the King and that in all such Actions or suits aforesaid the Kings protection shall not be allowed nor availeable for the defendant provided alwayes that by this Act the punishment ordained against the Kings Purveyors in no wise shall be restrained Anno 23. H. 6. cap. 14. 15. And lastly by a statute made in Ireland in anno 18. H. 6. It is enacted that from thenceforth no Purveyor Harbinger nor Aveyner be within the said land but that the Iust of the said land of Ireland that then was and the Leivetenants Iustices or Governours that for the time should be should pay or agree with them from whom any goods should be taken by their Achators and if the said Lievetenants Iustices or Governours by their Achators doe not in the order aforesaid it should be lawfull to him whose the goods are to make resistance to such Achators or officers without offence or impeachment of the King And it was also agreed and established that all the statutes in this behalfe made within the Realme of England be holden and kept in all points and put in execution in this land 16. These statutes I have rehearsed the more at large to the end that it may thereby appeare what grieveous oppressions have beene committed in times past by Purveyors and that every man may understand the ease and benefit which the subjects of Ireland enjoy by the royall composition heretofore made and established and now continued in this kingdome Riots Routs and unlawfull assemblies CHAP. 50. 1. ANy one Iustice of peace alone may use all good meanes to prevent a Riot or Rout before it be done Lamb. 184. 34. Ed. 3. 1. P. Iust 18. Dalton pa. 97. and for to stay it whilst it is in doing and in the doing may take and imprison the Riotters and bind them to their good behaviour but being once done and committed one Iustice of peace can neither record the Riot nor make enquiry thereof 14. H. 7. 8. 9. nor assesse any fine nor award any proces nor otherwise medle to punish it Dalton pa. 97. in the nature of a Riot or Rout but only as a Trespasse against the peace or upon the statutes of Northhampton or of forceible entries 2. And yet if one Iustice of peace sitting in a judiciall place as in the Sessions shall see a Riot Cromp. 65. he may command them to be arrested and may make a record thereof and the offendors shall be concluded thereby but if one Iustice of peace shall see a Riot in another place and shall command them to be arrested and shall make a record thereof the offendors shall not be concluded thereby but may traverse it 3. If a Iustice of peace will commit a man to ward pretending untruely that he did a Riot Br. Iudges 2. 10. 9. H 6. ●0 9. Ed. 4. 3. where he did none the party may not have an action of trespasse upon the case against him for an action will not lie against a Iustice or Iudge of Record in a thing that hee doth as Iudge by the opinions in 9. H. 6. 60. 9. E. 4. 3. but if this bee done of malice or corruption he shall be punished for it in the Star-chamber 4. Every Iustice of peace being of and in the County and having notice of any Riot Dyer 210. Rout or unlawfull assembly ought to have a care of the execution of the statute made 13. H. 4. cap. 7. 13. H. 4. 7. viz. that the Riotters c. be arrested and removed for if the statute be not executed by some of the Iustices the two next Iustices of peace shall forfeit each of them 100. l. and every other Iustice of peace within that County in whom there shall be any default shall be fined in the Starchamber 5. And therefore every Iu. of P. of the County 14. H. 7. 9. hearing of any Riot or of any Intention of a Riot without making any precept or tarrying for his fellow Iustice shall doe well to goe himselfe if he be able with his servants or other power of the County if neede be to the place where such persons be so assembled and to suppresse them and all such as he shall finde riotously assembled and armed to arrest them and to force them to put in suretie for the peace or for their good behaviour and for refusing to give such suretie or in default of suretie to imprison them Also he may take away their weapons and armour and seize and prise them for the King 6. 14. H. 7. 10. Br. peace 7. And if the Iu. of P. being come to the place shall not finde the Riotters yet come thither he may leave his servants there to restraine them in their said enterprise or else to arrest such offendors when they shall come if they shall offer to commit any Riot or to breake the peace 7. So if the Iu. be sicke and shall heare of a Riot he may send his servants or other power of the County if need be as it seemeth to the place to represse it or to arrest such offendors and to bring them before him to finde sureties for the peace and all this he may doe 14. H. 7. 10. Br. peace 17. and command by word of mouth without any warrant in writing and without expecting the comming of any his fellow Iustices or of the Sheriffe or