with Horse and Armour Crompt 179. § 11. Dalt 291 292. cap. 109. XII Crompt 178. b. § 2. Officer Note when Hue and Cry is levyed upon a Robery or c. the Officer of the Vill where the Felony was done must send to every other Vill that is and not go to the Vill that is next only as it seemeth for if the Hue and Cry should not be quite round the Thief should seldom be taken Dalt 75. cap. 28. XIII Crompt 178. b. § 3. Query Trespass If one Neighbour may not take anothers Horse to persue the Hue and Cry if he will not go himself because it is for the Common profit to retake a Felon it seemeth he may XIV Crompt 178. b. § 4. Process No Capias lyeth where a man is condemned for not persuing the Hue and Cry Execution 34. XV. Crompt 179. If the Felon be not taken within 40 days Action S. Stat the party Robbed shall have remedy against the Inhabitans of the Hundred with the Franchise therein by 28 Ed. 3. 11. § 1. N. 6. Some have said that the Country shall answer only in Case of Robbery and Death of a man and not for other Felony therefore Quaere c. XVI Crompt 179. a. b. Two Joynt owners of a Sum of Mony Joynder who are Rob'd by Malefactors unknown levy Hue and Cry at W. where the Robery was done and notice there given and the Felons not apprehended nor discovered nor amends made within the six months according to the Statute 13 Ed. 1. 2. Winch. cap. 2. § 1. N. 5. but Note the Role of the Tower is 40 days so Crompt 93 contra 2. Inst. 569. and the Defendants viz. the Inhabitants infra hundredum predict ' plead in Barr of the Action brought Jointly by the said parties Robbed that immediately after the Hue and Cry made they made Fresh Suit from the said Vill of W. to three other Vills by name within the Hundred of Winterstoke where W. is unto the Vill of C. which is within the Hundred next adjacent and there Hue and Cry was by them given to the Inhabitants of this Hundred Judgment if the Action whereupon it was Demurred and by the opinion of the Court without Argument this pursuit is no Excuse according to the intent of the said Statute without apprehension or Answer of the Offenders or discovery of their names so that they may be Indicted and Outlawed and in the said Case they may Joyn in the Action but not if the Sums were several and several properties Dyer 370. pl. 3. Inst 117 118. cap. 52. XVII Dalt 75. cap. 28. Every Justice of Peace may cause Hue and Cry Justices Fresh Suit and search to be made upon any Murder Robbery Theft or other Felony committed and this he may do by force of the Commission § the first assignavimus Dalt 291. cap. 109. XVIII Dalt 75. cap. 28. Notice Sir Nicholas Hide in his Charge at Cambridge Assizes in Lent 1629. delivered that Hue and Cry must be made or pursued with Horsemen and Footmen and that not only a private search is to be made in every Town but that they must raise the Country as they go and all still to follow the Hue and Cry as against a Common Enemy Com. Cromp. 179. a. b. Boult 212. cap. 54. XIX Dalt 75. cap. 28. Officer Also the Officers of every Town to which Hue and Cry shall come ought to search in all suspected Houses and places within their limits and as well the Officers as all other persons which shall pursue they Hue and Cry may Attach and stay all such persons as in their search or pursuit they shall find to be suspitious and thereupon shall carry them before some Justice of the Peace of the County where they are taken to be Examined where they were at the time when the Felony was Committed c. 3 Inst 118. cap. 52. Poult de Pace 155. b. pl. 17. Justices XX. Dalt 291. cap. 109. Also it seemeth any Justice of Peace may bind persons Convict of not following the Hue and Cry over to appear before the Justices of Goal Delivery and that by force of the Commission § the first assignavimus London XXI 3. Inst 118. cap. 52. de Civitate Lond ' capien ' in manum Regis pro Hutesio non levato Rot. Claus 30 H. 3. membr 5. mandatum est Gulielmo de Hamershull Thesaurario Regis quod Civitatem London capiat in manum Regis eo quod Cives ejusdem Civitatis non leaverunt Hutesium Clamorem pro morte Magistri Guidonis de Arretio aliorum interfectorum secundum legem consuetudinem Regni Teste Rege apud Woodstock 22 die August Dayes XXII 29 Car. 2. 7. § 5. N. 1. No Remedy for parties Robbed on a Sunday yet the Hundred shall forfeit to the King for default of Fresh Suit as before Crompt 179. b. Watch. XXIII Lambert 433 434. Inquiry in Sessions if the Watch in every Bourough and Town have been kept from Sun Rising to Sun Set between Ascention day and Michaelmas day to Arrest strangers that pass by in the night Season 13 Ed. 1. 2. cap. 1. of Winchester XXIV Lambert 21. pl. 58. An Indictment for not keeping Watch in a Town West Symb. 2. pl. 134. § 219. Kent ss Juratores pro Domino Rege supra sacramentum suum presenttant quod a decimo die Maii Anno Regni dicti Domini nostri Jacobi Dei Gratia Angliae Franciae Hiberniae Regis Fidei Defensoris c. usque 20 diem mensis Julii Anno supradicto Homines Inhabitantes Villae de C. in Com' predict ' nullas vigilias a solis occasu usque ad solis ortum in dicta villa de C. in Com' predict ' per aliquos homines fecerunt aut custodiverunt prout de Jure antiqua consuetudine facere debent solebant in dicti Domini Regis nunc contemptum ac contra form ' cujusd ' Statut ' in Parliament ' Domini Ed. olim Regis Angliae primi apud Winton Anno Regni sui 13. tent ' in hujusmodi casu provisi editi West Symbol 2. part 134. § 219. XXV Lambert Precedents 21. b. pl. 59. An Indictment for not keeping Watch at the Sea side Pract. Precedents 86. West Symb. 2. part 134. sect 220. Kent ss Juratores pro Domino Rege supra sacramentum suum presentant quod ubi Homines Inhabitantes Hundredi de F. in Com' predict ' Antiquitus viz. ante Annum Regni Domini Henrici nuper Regis Angliae quarti quintum quasdam Maritimas minutas Vigilias Anglice vocat ' Sea Watch temporr Belli per Costerum Maris in quodam loco uocat ' Sandgate in dicto Comitatu per quatuor homines singulis noctibus a tempore in cujus contrarium memoria hominum tunc non existebat custodire debebant solebant dicti tamen Hundredi de F. Homines
time enquire of the due execution of these presents and of all other abuses disorders and misdemeanours whatsoever committed or suffered against the provisions aforesaid and the true meaning of them Fees XXIII Lamb. 4. cap. 4. page 431. Articles of Charge in Sessions If the Clerk of any Justice have taken above 12 d. for a Recognizance of an Alehouse-keeper or Tippler 5 6 Ed. 6. 25. § 1. N. 5. supra § 17. Cromp. 176. § 10. XXIV Lamb. 4. cap. 8. p. 516. The Statute of 5 Process 6 Ed. 6. 25. § 3. N. 2. giveth power to the Justices of Peace to enquire of Alehouse-keepers whether they have done any act to the breach of their Recognizance And if any matter be presented then to award Process against the Offender to shew why he should not forfeit his Recognizance But what this Process shall be I will not determine for I do not find that in any other case though it appear that a man hath forfeited his Recognizance the Justices of Peace can award any Scir ' Fac ' or other Process to call him in upon it but rather to certifie the same into higher Courts that from thence Process may issue out to call the party to his Answer Cromp. 196. b. f. 9. XXV Lamb. 521. And upon Information made unto them Forfeiture viz. the Sessions that an Alehouse-keeper hath done any act whereby he hath forfeited his Recognizance they may as I said award Process against him to shew why he should not forfeit his Recognizance by 5 6 Ed. 6. 25. § 3 N. 2. but learn if it be meant Scir ' Fac ' or of some other Process Cromp. 126. b. 151. b. infra 36. XXVI Lamb. 4. cap. 15. pag. 563 564. Certificate And upon Certificate made at the next Quarter Sessions of the Peace by two Justices of the Peace the one of them being of the Quorum which Lamb. 530. is a Conviction against him that shall obstinately keep an Alehouse contrary to the Statute 5 6. Ed. 6. 25 § 4. N. 1. the Justices are to assess the fine of 20 s. the which I do purposely rehearse because they are there warranted to assess the Fine without process first made against the Offender unlike the common order of assessing Fines c. XXVII Cromp. 151. b. Process shall be awarded by 5 Suggestion 6. Ed 6. 25. § 3. N. 2. against him that hath broken his Recognizance taken to keep an Alehouse to shew why it should not be forfeited c. XXVIII Dalt cap. 7. page 26. And yet note Process that wheresoever any Conviction shall be before the Justices of Peace by 1 Jac. 9. § 2. N. 6. by or upon the Oath of any other person than the Delinquent himself then the Justice of Peace must first send for or convene the Delinquent before him to make answer c. infra § 43. XXIX Lamb. 565 566. Fine Where the Conviction is for trespass against the Peace Riots and such other Contempts and Offences against the Commission or Statutes for the which no certain Fine is appointed there the judgment is that the party shall be taken to satisfie the King for his Fine and thereupon the Capias pro fine and if the party cannot be found other judicial process goeth out till he be outlawed unless it be in very few Cases where by the words of the Statutes themselves they may proceed to assess the Fine in the absence of the parties without calling them to it by any Process for so it standeth in the Statute 5 6 Ed. 6. 25. § 5. N. 3. XXX Lamb. 569 570. Forfeiture I have heard that even in Cases where the Statutes do appoint a certain forfeiture as fine of 10 l. yet the practice is to mitigate the same by discretion if so be the party will come in upon the Indictment and put himself in gratiam Regis with or without confession of the fault so that the fine shall be small where the fault was great and the penalty of the Law it self not small But this manner of doing in my mind is so void of sound reason that I cannot recommend it to the Justices of Peace but do rather condemn it as a mockery of the Law Yea I find that sundry Statutes fearing be like some such thing have specially prevented it commanding That Justices of Peace shall assess no less fine then is in those Statutes themselves beforehand appointed Such is 5 6 Ed. 6. 25. § 5 N. 3. Justices XXXI Lamb. 4. cap. 19. page 588. Neither may I well omit that this doing viz. holding the Quarter Sessions in two places of the County c. may breed danger to the Justices themselves whilst any of them having taken the Recognixance of a Tippler doth not certifie it until the Sessions happen to be in his own part and in the mean season the next Session of the Peace within the Shire chanceth to be holden in the other part whereof what may follow the Statute will tell you 5 6 Ed. 6. 25. § 2. N. 3. Enquest XXXII Lamb. 599. The enquiry whether Alehouse-keepers have forfeited their Recognizances ought by 5 6 Ed. 6. § 3. N. 1. to be at the Quarter Sessions Certificat XXXIII Lamb. 620. If the Justices of Peace having taken Recognizance for an Alehouse do not certifie it at the next Quarter Sessions of the Peace they shall lose five Marks 5 6 Ed. 6. 25. § 2. N. 3. so Cromp. 167. a. b. Games XXXIV Cromp. 77. Item viz. enquiry at Sessions shall be whether any that is allowed to keep a common Alehouse use any unlawful Games or keep any misrule in the same House against their Recognizance Cromp. 125. Hostler XXXV Cromp. 77. a. b. Nota That it hath been agreed that such Inns that have been newly erected since 5 6 Ed. 6. 25. and were not Inns before ought to have Licenses as Alehouses ought to have and this was in ure upon an Indictment travers'd and tryed at the Assizes in Sussex about 16 Eliz. as I heard by him that was of Counsel with the party indicted Dalt cap. 7. page 31. Hutt 99. 8. Co. 32. Process XXXVI Cromp. 126. b. The Sessions may hear and determine by Information Presentment or otherwise by their discretion the forfeiture of a Recognizance taken of Alehouses by 5 6 Ed. 6. 25. § 3. N. 2. and they may make process upon this Presentment or Information Lamb. 516 521. supra 25. Dalt cap. 7. page Cromp. 151. b. Certificate XXXVII Crompt 130. b. The Certificate to the Sessions against him that keeps an Alehouse against the Statute of 5 6 Ed. 6. 25. § 5. N. 2. being made by two Justices of the Peace whereof one shall be of the Quorum shall be a Conviction to the Offender Lamb. 530. Cromp. 172. Bail XXXVIII Cromp. 154. b. Nor he that
L. J. B. vulneraverunt c. ac preterea prefat ' A. B. R. W. predict ' Agnetam J. adtunc ibidem a custodia dictorum G. L. J. R. vi Armis rescusserunt atque eandem A. J. adtunc ibidem ad largum ire evadere fecerunt contra Pacem c. Escheator see Officer Estople see Pleading Estreats see Records Justices Amerciament c. Evesdroppers see Coron Evidence see Proof Exaction and Extortion see Fees Example see Coron Examination sees ee Proofe Excommengement see Ordinary Excise see Taxes Ale Execution Process Judgment Justices Restitution Contempt I. Lambert 4. cap. 16. pag. 565 566. Where the Conviction is for trespasses against the Peace Riots and such other Contempts and Offences against the Crown or Statutes for the which no certain fine is appointed there the Judgment is that the party shall be taken to satisfie the King for his Fine and thereupon the capias pro Fine and if the party cannot be found other Judicial Process goeth out till he be outlawed unless it be in a very few Cases where by the words of the Statutes themselves they may proceed to assess the Fine in the absense of the parties without calling them to it by any process as in 5 6. Ed. 6. 25. § 5. N. 3. of Alehouses and in 5 Eliz. 13. § N. of High-wayes But if the party be brought in then he is a Prisoner and then are the Justices of Peace by their discretion to assess the Fine and to Estreat it and to deliver him Forfeiture II. Lambert 566. ibid. For in no Case as I take it can they of themselves levy any Fine or Forfeiture due to the King insomuch as not they but the Sheriff is accountant for all such matters Amerciament III. Lambert 572. 573. And hereby as I think the Estreats of the Justices of the Peace be now an immediate Warrant for the Sheriff to levy not only the Fines and Amerciaments but also all other Issues Penalties Losses Forfeitures and Summs whatsoever arising before them for the words of the Statute 14 Rich. 2. 11. § 1. N. 2. are general the money thereof arising and therefore whatsoever summs are to be Estreated into the Exchequer the same are also to be levyed by the Sheriff Crompton 177. § 30. Boult 2. cap. 22. pag. 70. Estreats IV. Lambert 574. Howbeit I do not on 7 H. 4. 3. § N. think that in our Case this Duty of Estreating is so peculiar to the Clerks of the Peace but that the Justices of the Peace themselves ought also to have a Common and careful eye unto it c. Information V. Lambert 4. cap. 17. pag. 575. Albeit that the Justices of the Peace have this power to make Warrant for levying the Amerciaments Fines and other Forfeitures that grow unto the King by their service yet it is commonly thought that they may not but in some cases only and that by special speech of the Statutes make Execution either for him that will sue or for any other of such part of the forfeiture as the Law doth afford them c. But where they have power either by their Commission or by any Statute to hear and determine any cause at the Suit of a private person I do not see how the Cause can well be said to be fully determined till the Complainant hath had the effect of his suit which cannot be without Execution VII Lambert 576. Doubtless by special provision in 5 6 Ed. 6. 14. § 10. N. 4. against Forestallers Acc. S. Stat. the Justices of the Peace may make Execution of the one Moiety of the Forfeiture for him that sueth by fieri fac ' or capias as the Kings Justices at Westminster use to do the like on 5 Eliz. 12. § 8. N. 2. against Badgers Drovers c. VII Lambert 576. Maintenance For the moiety growing to the Informer upon the Statute of Liverys 8 Ed. 4. 2. § 1. N. 13. they shall make such Execution as ought to be had in Recoveries of Debt or Trespass at his own pleasure VIII Lambert 576. Husbandry They may also award Execution for the party that sueth on the Statute of Flax and Hemp 24 H. 8. 4. § 4. N. 5. by such process as shall seem fit by their discretions IX Lambert 577. Ways And the Estreats made by the Clerk of the Peace of forfeits for defaults of amending High-wayes are a sufficient Warrant to the Constables to levy the same by distress to the use of the Church-wardens of the Parish where the default was toward the amendment of the Highwayes 2 3 Ph. Mar. 8. § N. 5 Eliz. 13. § N. X. Lambert 577. Sheriffs And likewise the Estreats of the Justices of Peace of any Fines assessed by them upon Presentments in the Sheriffs Tourn being inrolled indented and delivered to the Sheriff are a good Warrant unto him to levy the same to the use of him that was Sheriff at the time of such presentments taken 1 Ed. 4. 2. § 1. N. 8. XI Lambert 577. Enquest So may Justices of Peace award Process of Execution for levying the forfeitures upon offenders against 27 Eliz. 7. § 3. N. 1. of Issues lost by Jurors XII Lambert 577. Husbandry So may they in like manner award Execution by Fieri fac ' Capias of two Thirds of the forfeitures the one for the complainant and the other for the Poor by the Statute of Husbandry and Tillage 39 Eliz. 2. § 9. N. 2. as the Justices at Westminster use to do so upon 5 Eliz. 9 § N. of Perjury 5 6 Ed. 6. 4. § N. of striking in the Church c. XIII Crum 140. § 23. A. was bound to the Peace before Justices of the Peace in 1000 l. and each of his Mainpernors in 1000 marks and afterwards A. Bayl. procured one to kill a Stranger and upon this matter found by Verdict against A. a scire facias issued upon the Recognizance and the Recognizor and one of the Mainpernors were taken for the Sum which he acknowledged for the King may take his Election to have Execution of the body or of the Lands and Chattels of the Mainpernor for the said Sum per Curiam 7 H. 4. 105. Extolling Foreign Power see Pope Exportation see Ouster le mere and Merch. Common Fame see Coron Intendment False Imprisonment see Imprisonment False News see Slander False Tokens see Collusion Forgery Farms see Husbandry Fayrs see Market Overt Fasting see Days and Religion Fees Extortion Exaction Enquest I. 9 H. 3. 26 Magn ' Chart ' nothing shall be taken for an Enquest of Life or Member but grant freely and not deny Imprisonment II. 4 Ed. 3. 10. Nothing shall be taken by Sheriffs or Goalers on receit of Felons Lamb. 429. Justices III. 12 Rich. 2. 10. Of Justices of Peace is 4 s. per diem Clerk two Shillings during Sessions
means of any false Token or counterfeit Letter made in the name of any other may be adjudged by them to suffer imprisonment standing on the Pillory or any other Corporal pain that they shall appoint except the pains of death 33 H. 8. 1. § 2. N. 2. CLXXXII Lamb. 565 566. Where the Conviction is for trespasses against the Peace Execution Riots and such other Contempts and Offences against the Commission or Statutes for the which no certain Fine is appointed there the Judgment is that the prrty shall be taken to satisfie the King for his Fine and thereupon the Capias pro fine if the Party cannot be found other judicial Process goeth out till he be Ut-lawed unless it be in a very few Cases where by the words of the Statutes themselves they may proceed to Assess the Fine in the absences of the parties without calling them to it by any Process for so it standeth in 5 6 Ed. 6. 25. § N. of Ale-houses and 5 Eliz. 13. § N. of High-ways But if the party be brought in then is he a Prisoner and then are the Justices of Peace by their discretion to Assess the Fine and to Estreat it and to deliver him CLXXXIII Lamb. 568. If the offence be Finable by general words only Amerciaments without speaking of any Fine or without shewing by whom the Fine shall be Assessed for so it is commonly in the elder Statutes that do prohibit any thing to be done there the Assessment thereof belongeth to the Justices before whom the Conviction is lawfully had CLXXXIV Lamb. 569. Fines This Fine or Pain Awarded by the discretion of the Justices of Peace shall do the more good both to the Prince in profit to the people in Example and to the Justices themselves in Credit if it be pronounced at the Bench openly as it ought to be and not shuffled up in a Chamber or corner secretly as in some places it hath been used to be CLXXXV Lamb. 570. Process But the mitigation where Fines are certain by Statutes c. in my mind is so void of sound Reason that I cannot recommend it to the Justices of Peace but do rather condemn it as a mockery of the Law yea I find that sundry Statutes fearing belike some such thing have specially prevented it Commanding that Justices of Peace shall Assess no less Fine then is in those Statutes themselves before-hand appointed See Poor 537. Qu. 8. CLXXXVI Lamb. 572 573. Fee◠And hereby viz. by 14 R. 2.11 § 1. N. 3. that gives Fees to Eight Justices levyable by Indenture between Sheriff and them as I think the Estreats of the Justices of the Peace be now an immediate Warrant for the Sheriff to levy not only the Fines and Amerciaments but also all other Issues Penalties Losses Forfeitures and Sums whatsoever arising before them such order is taken 33 H. 8.10 § N. of the six weeks Sessions for the levying as well of Fines and Amerciaments as of Pains Losses and Forfeitures of mony So did 2 3 Phil. Mar. 2. § N. of Tillage by way of admittance reherse That Justices of the Peace may make out Process for the levying of Fines and Forfeitures before themselves So doth 31 Eliz. 7. § N. of Cottages appoint And so are the Estreats made for the most part and the Fines and Forfeitures thereby levyed at this present time if I be not deceived Execution CLXXXVII Lamb. 574. Howbeit I do not think that in our Case this duty of Estreating is so peculiar to the Clerk of the Peace but that the Justices of Peace themselves ought also to have a common and careful Eye unto it for it is both specially provided for in the Commission § 16. And also an Article of their Oath to see unto the faithful Entry and Certificate of the Issues Fines Forfeitures and Amerciaments that do happen before them and therefore it were well done in mine opinion if the Justices would by turns or otherwise both take knowledge of things that have passed before them and also take order that the same be Certified accordingly lest otherwise it lye altogether in the Power of the Clerk of the Peace to save or slay as one said the Sparrow that he holdeth closed in his hand Information CXXXVIII Lamb. 575. Albeit that the Justices of the Peace have this power to make Warrant for levying the Amerciaments Fines or other Forfeits that grow unto the King by their Service yet is it commonly thought that they may not but in some Cases only and that by special speech of the Statutes make Execution either for him that will sue or for any other of such part of the Forfeiture as the Law doth afford them Certiorari CXXXIX Lamb. 581. But in Cases where Justices of the Peace have power to receive Indictments and no power to proceed any further upon them there they ought to send up and certifie the Indictments themselves and that of duty as I think without any Certiorari commanding the same because having no Authority to hear and try the Offences the Records thereof shall be unprofitable before them and therefore they can have no just cause to retain them And yet for the more surety it is specially Commanded by 5 Eliz 1. § 3. N. 2. that they shall certifie the Presentments of some offences against that Statute CXC Lamb. 584 585. The General Sessions of the Peace be those which are provided for the General Execution of the Authority of the Justices of Peace Sessions whether you respect the limits of the place within their Commission or the bounds of power proceeding from the Commission and Statutes for at these Sessions as saith Mr. Fitzherbert generally all things ought to be given in Charge that do lye within the Authority of these Justices to be determined These be moreover called the Quarter Sessions because they be holden Quarterly or four times in the year And the Statute 4 H. 7.12 § 1. N. 4. termed them Principal Sessions for that in them chiefly the power of Justices of the Peace doth shine and shew it self in which respect 27 Eliz. 19. § 2. N. 7. And some other Statutes do give the name of open Sessions also Infra 260. Appointment CXCI. Lamb. 585 586. The manner is in some Shires to Summon yearly 6 standing Sessions of the Peace in others 8 in others 12 or 16 and in others otherwise all which is done chiefly upon pretence to ease the Inhabitants of the County for whom it would otherwise be very painful to travel so often and far from all the parts of the Shire to any one place of the same And therefore such as do maintain six or eight Sessions do use to Summon all the whole Shire to a couple of them and to the residue they call only such parts of the Shire as they do there specially appoint But yet so that upon the reckoning each Corner of the Country
punish the Infringers and Contemners thereof in such wise as is limited by the same have been very remiss and negligent in doing their Offices to the great detriment hurt and prejudice of the Common-wealth Days For Reformation whereof § 1. N. 3. be it Enacted by the King our Soveraign Lord with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same that all and singular the Iustices of Peace within any Shire City Borough or Place within this Realm of England Wales or any other the Kings Dominions shall yearly at the general Sessions of the Peace to be holden next after the Feast of Easter assemble themselves together that is to say every Number of them within the limits of their Commissions wherein they be named Iustices of Peace 37 H. 8. Cap. 7. Peace And at and upon such their Assembly § 1. N. 4. shall diligently together amongst themselves peruse examine study and know the Effects and true Intents of the Laws Statutes Ordinances and Provisions hereafter specified that is to say the Laws and Scatutes heretofore made and provided concerning or in any wise touching Vagabonds Retainers giving Liveries Signs Tokens or Badges Maintenance Imbracery Bowstaves and Archery unlawful Games Forestallers and Regrators Victual-Victualers and Inn-holders and every of them and of all Statutes and Laws made in this present Parliament touching the same or any of them and after the perusing and deliberate understanding of the said Laws Statutes and Ordinances they shall devise among themselves how the same may be best put in due and just Execution 37 H. 8. Cap. 7. § 1. N. 2. Lieu. And for the better proceeding therein § 1. N. 5. they shall divide and sever them selves limiting and assigning alwayâ—s the number of two of them at least or more into Hundreds Wapentakes Rapes Commotes or number of Towns and Villages by their discretions 37 H. 8. Cap. 7. § 1. N. 4. Justices And that the said Iustices so divided § 1. N. 6. or two of them at the least shall in every Quarter of the Year from and after the said Feast of Easter next coming hold and keep within the limits of their Division one Session besides the general Quarter Sessions for the Peace the said one Session to be kept and holden alwayes within the limits of their Division at and in one such day as by them shall be appointed so that it be always six weeks at the least before the Quarter Sessions 37 H. 8. Cap. 7. § 1. N. 7. Dayes And that all Process and Proceedings in every of the said Sessions so to be holden shall be continued from Sessions to Sessions 37 H. 8. Cap. 7. § 1. N. 7. § 1. N. 6. Enquest And that the said Iustices or two of them at the least § 1. N. 8. at and in every such Sessions shall have power and authority to enquire as well by the Oaths of twelve men Inhabitants within the limits of their Division as by any Information given to them by any Person or Persons of all defaults offences or contempts done or committed or hereafter to be done or committed against the Form of any of the Statutes aforesaid and to hear and determin the same 37 Hen. 8. Cap. 7. § 1. N. 7. Outlary And shall also have power and authority upon any Presentment or § 1. N. 9 Information touching the Premises or any of them to make Process by Venire Facias one Capias and an Exigent under the Seals of the same Iustices or two of them against every such Person and Persons against whom any such Information or Presentment shall be had for their appearance afore them in their Sessions to be holden as is aforesaid to answer to such Information or Presentment as shall be there had or made 37. H 8. Cap. 7. § 1. N. 8. §. 1. N. 10. And if the Person or Persons accused by Information or Presentment shall be convict upon any such Information or Presentment by Confession or Verdict of twelve men that then the said Iustices of Peace Execution or two of them afore whom such conviction shall be had shall have power and authority to give Iudgement against every such Offender and Offenders so convict of such pains by imprisonment or such Pains losses and forfeitures of mony or both or any of them as are limited in the said several Statutes for such offences whereof they shall be so convict and cause Execution thereof to be made and had accordingly 37 H. 8. Cap. 7. § 1. N. 9. § 1. N. 11. And also the said Iustices of Peace or two of them Inquest at and in their said Sessions to be holden as is aforesaid shall have power and authority to correct and reform the Pannels of Iuries for any Inquiries to be made afore them touching the said Statutes or any of them in like manner or form as Iustices of Goal-delivery and of Peace may do in their Sessions by vertue of a Statute thereof made in the third year of our most dread Soverign Lord the Kings Raign that now is viz. 3 H. 8. 12. 37 H. 8. Cap. 7. § 1. N. 10. § 1. N. 12. And that the Sheriffs and other Ministers having power to return Pannels Return shall make his and their Returns according to such Reformation and Correction of the Iustices aforesaid upon the Pain limited by the same Statute viz. 3 H. 8. Cap. 12. 37 H. 8. 7. § 1. N. Cap. 11. § 2. N. 1. And it is ordained and enacted by Authority aforesaid Prerog that if any person or persons be Convict as is aforesaid by any Information afore the said Iustices or two of them within the limits of their Division that then the Moity of the Pains Losses and Forfeitures of Mony of the Offenders so Convict shall be to the Kings Majesties use and the other Moity thereof to the Party that persueth such Information according to the tenor and effect of the said several Statutes § 2. N. 2. And if any Conviction be had by reason or upon any Presentment Forfeiture that then the Kings Majesty shall have the whole Pains Fines and Forfeitures of the Offenders all which Pains Fines Losses and Forfeitures of Mony to be due to the King by reason of any Conviction as is aforesaid together with all Issues Fines and Amercements afore the said Iustices within the limits of their Division shall be levyed by the Sheriff or his Ministers by a Schedule Indented to be made between such Iustices or two of them afore whom such Pains Losses and Forfeitures Fines Issues and Amercements shall be lost and forfeit and the said Sheriff § 2. N. 3. The one part of which Schedule Certificate shall be certified by the said Iustices or two of them yearly in the Term of St. Michael into the Kings Exchequer
the making thereof II. Hetley 164. pl. 351. Browns Ca. Hill 6. Car. 1. Husbandry In an Information upon 5 Eliz. 4. § 11. N. 1. Only shewing the said Branch and by Hutton and Harvey Justices that it is not to be intende◠of an Apprentice in Husbandry but of an Hired Servant for the said Statute did not provide for the departure of an Apprentice because that an Apprentice ought to be by Indenture and then a Writ of Covenant lyeth upon his departure to force him to come again and by the Common-Law an Action upon the case lyeth for retaining the Servant of another Winch. 25. pl. 63. III. Hetley 165. ibidem And by them the retainer License without having any Testimonial which is an offence against 5 Eliz. 4. § 10. N. 1. is after the years of retainer expired for so are the Words of the Statute IV. Hetly 165. ibidem But they said that the Information was nought Lieu. because it doth not appear that the Defendant did not retain him out of the parish where they served before for the Statue 5 Eliz. 4. § 10. N. 2. saith out of the City Town or Parish c. except he have a Testimonial and the words Secundum formam Statuti will not aid it and in the same Village or Cit◠c. the Statute doth not require a Testimonial because that there it was known c. V. Lamb. 2. cap. 7. pag. 190. 191. by 5 Eliz. 4. § 5. N. 5. Justices Any one Justice of the Peace may take upon him to hear and order the controversies between Masters and Servants touching their departure and may allow of the reason and sufficiency of the Cause for which a Master may put away his retained Servant or for which the Servant may depart before the end of his Service and he may in Hay-time or in Harvest upon request and for the saving of Corn Grain or Hay cause such Artificers and persons as be meet to Labour by his discretion to serve by the day for the getting cutting Inning or carrying thereof according to the skill and quality of the Person and may upon his refusal Imprison him in the Stocks by the space of two days and one night And his Testimonial under his Hand and Seal to such as may pass in Hay or Harvest time from one Shire to another sufficient and he also upon complaint made may Commit that party toward that in his Judgment shall be thought meet and yet shall refuse to be bound as an Apprentice according to the intent of the Statute there to remain until he be contented so to be bound And he also may by his discretion upon complaint or the Apprentice take order between his Master and him and for want of conformity in the Master may bind him to appear at the next Sessions before the Justices Crompt 159. § 16. and 156. § 28. and 197. § 34. Dalt 7. 7. 78. cap. 31. VI Lamb. 3. cap. 1. pag. 329. Justices Any two Justices of the Peace upon complaint that any Servant retained by the Statute 5 Eliz. 4. departeth before the end of his Term or at the end thereof without a Quarters warning Or that any person compellable by the Statute to serve doth refuse to serve for the Wages appointed may examine the matter and finding such Servant or person faulty may commit him to Ward there to remain till he shall be bound to the party offended to serve and continue according to the Statute Crompt 198. Dalt 78. cap. 31. VII Lamb. 329. 330. ibid. They also viz. 2. Imprison Justices may Imprison for ten days the Master that giveth and for 21 days the Servant that taketh more Wages then after the Rates thereof made 5 Eliz. 4. § 15. N. 2. and may Imprison for a whole year such Servant as shall be convicted before them by his own confession or by the Oaths of two honest Men to have made any assault upon his Master or Mistress or other person having any charge of him or of the Work and they may appoint any Woman being unmarryed of the Age of 12 years and under 14 that is out of Service and whom they shall think meet to Serve to be retained by their discretion and may upon her refusal commit her to Ward till she be so bound to serve 5 Eliz. 4. § 24. N. 2. Crompt 198. Dalt 79 cap 31. Justices VIII Lamb. 330. ibid. Any two Justices of the Peace may make Testimonial to a Tiring-man that is turned away from his Master or whose Master is dead 14 Eliz. 5. § N. 18 Eliz. 3. § N. and 27 Eliz. 11. Poor IX Lamb. 330. Any two Justices of the Peace may give assent to the Church-Wardens and Overseers or the greater part of them to bind as Apprentice the Children of Poor Parents till the age of a Man-child of 24 and till 21 of the Woman 39 Eliz. 3. Dalt 391. infra Certificate X. Lamb. 3. cap. 3. pag. 360. It is requisite by 5 Eliz. 4. § 27. N. 2. That the Certificate that is to be made to the head Officer of the City or Town Corporate where a Child is to be put Apprentice to a Merchant Mercer Draper Goldsmith Ironmonger Imbroiderer or Clothier that the Father or Mother of such Child may dispend 40 s. Freehold by the Year be under the Hands and Seals of three Justices of the Peace where the Lands lye Crompt 200. b. Dalt 80. cap. 31. Fees XI Lamb. 364. Every Justice of Peace sitting in execution of the same Statute of Labourers and Servants 5 Eliz. 4 § 38. N. 1. shall have 5 shillings the day for three days together out of the forfeitures that grow upon the same Statute Fees XII Lamb. 4. cap. 4. pag. 430. Article in charge at Sessions on 5 Eliz. 4. § 10. N. 5. if any Parson Vicar or Curat have taken above 2 pence for Registring a Testimonial for any Servant departing from one place to another Crompt 175. b. § 3. Trades XIII Lamb. 454. Article of Charge in Sessions on 5 Eliz. 4. § 31. N. 1. If any person do use any Art or Manual Occupation used in the fifth year of the late Queen Elizabeth which hath not been brought up therein 7 years at the least as an Apprentice or hath set any to work in it which is not a Workman or a Journeyman by year or haih served as an Apprentice Crompt 82 b. 83. Dayes XIV Lamb. 465. 466. Article of Charge in Sessions if any person have been retained into service to work for any less time then a whole year in any the Arts of a Clothier Wollen-Weaver Tucker Fuller Cloath-Worker Sheer-Man Dyer Hosyer Taylor Shooemaker Tanner Pewterer Baker Brewer Glover Cutter Smith Farrior Curryer Sadler Spurrier Turner Capper Hatmaker Feltmaker Bowyer Fletcher Arrowhead-maker Butcher Cook and Miller and if any person being unmarryed or under thirty years of Age and married and being compellable to
making Dice Cards Bowls or the like except it be by Parliament for all Trades which do avoid Idleness Exercize men in Labour for the Maintenance of them and their Families And to increase their Substance And to serve the King when need shall be are profitable for the Common-wealth and therefore the restraining of them is against the Law 11. Co. 34. 8. Co. 126. Trades LI. Dalt cap. 31 Also by the Common-Law no man is prohibited to use divers Misteries and Trades at his pleasure And although this was prohibited by the Statute 37 Ed. 36. yet presently at the next Parliament that Restraint of Trade being found prejudicial to the Commonwealth it was Enacted again 36 Ed. 38. that all persons should be as free as they were at any time before the said Statute 11. Co. 54. Trades LII Dalt 81. ibid. If a man use the Trade of Tallow Chandler Baker Brewer or any other Lawful Trade or Manual occupation for his own use or the use of his Family without Selling any for the lucre and Gain he may Lawfully do it 8. Co. 129. 13. and 11. Co. 54. and yet he which useth any Trade or other Manual Occupation for the use of himself or of his Family only without selling he cannot retain any Apprentice which in the Statute of 5 Eliz. 4. but he may hire one to be his Servant who is skilful in that Trade or Occupation 8. Co. 129. LIII Dalt 81. cap. 31. One purchased a Mill and hired a Miller to be his Servant who Grown'd the Grists of his Neighbours and the Wife of the Owner of the Mill took Money of their Neighbours for their Grists so Grown'd and for this the Husband who was owner of the Mill was Indicted at Cambridge Summer Assizes Anno. 1619 by reason that he was never himself an Apprintice to the Trade It was the Case of T. P. Yeoman Ale LIV. Dalt 81 ibid. The intent of 5 Eliz. 4. was that no person should take upon upon them any Art Mistery or Trade c. But such wherein they had Skill and Knowledge And therefore none may keep a Common Brew-house Cooks-shop c. to Sell to others except they have been Apprentice thereto by the space of seven years Infant LV. Dalt 82. cap. 31. If an Infant Man or Woman of twelve years of Age or a Gentleman Chaplain Carpenter or other person which is not compellable to serve yet if they shall make a Covenant to serve in Husbandry they shall be bound by their Covenant and are punishable if they then shall depart c. F. N. B. 168. Lee. Br. 67. See 5 Eliz. 4. § 42. N. 1. Yet by the Commom-Law such a Covenant or retainer of an Infant under twelve years of Age was void they neither having ability of Body nor years to consent for an Infant by the Common-Law is not of Age to Bind himself by Covenant ante Annos Nubiles which is 12 years in a Woman and 14 years in a Man 7. Co. 43. and 9. Co. 72. neither before that Age are they accounted potens in corpore which were the Words used in the Statute 23 Ed. 3. 2. tho' those words are now left out of the Statute 5 Eliz. 4. § 22. N. 7. and thereupon Markham in 21 H. 6. 32. and Coverture Br. 25. 30. Seems to hold 14. years to be the Age of a Retainer of an Infant but there the case was of a Man-child that was retained 2 H. 4. 18. Labourers Br. 19. 20. But now by the Statute 5 Eliz. 4. § 25. N. 1. Any person above the Age of 10 years by their own consent and agreement may by Indenture be bound an Apprentice to Husbandry or any other Trade or Art Also one of 12 years of Age by the same Statute 5 Eliz. 4. § 7. N. 1. 14. is compellable by the Justice to serve in Husbandry so also it seemeth of other Trades Arts Occupations Winch. 26. infra LVI Dalt 82. cap. 31. Poor Such Children whose Parents are not able to maintain them though they be under 12 yet may they be bound Apprentices by the overseers of the Poor with the assent of any two Justices of the Peace by 43 Eliz. 2. § 5. N. 1. LVII Dalt 82. If a Child use Husbandry till the Age of 12 years and after be made an Apprentice to any Mystery his Covenant shall be void Husban-dry But Quere if this be not repealed by the general words of the Statute 5 Eliz. 4. § 12. N. 1. also see the Statute 1 Jac. 2. 5. § 17. N. 1. LVIII Dalt 82. A Servant may be compelled to Serve in Summer in the place where he served in Winter before Lieu. but this seemeth to have been only by 23 Ed. 3. 2. which Statute now stands repealed by 5 Eliz. 4. § 23. N. 1. Cromp. 238. b. infra LIX Dalt 83. cap. 31. If a Servant who is Retained shall depart out of his Service and wander he may be compelled to Serve another Man Departure But yet the first Master may take him away again F. N. B. 168. Notice Br. 24. And besides it is safe to get the consent of the first Master For now 5 Eliz. 4. § 11. N. 1. The Master Retaining a Servant departed without shewing a Testimonial before his Retainer forfeits 5 li. LX. Dalt 84. If the Master or his Wife shall beat the Servant Peace these were good cause for the Servant to depart before 5 El. 4. § 5. N. 5. But now the allowance of the Justice of Peace is requisite and yet note that the Master by Law is allowed with moderation to chastise his Servant or Apprentice See 33 H. 8. 12. § N. Dalt 165. 159. But now by the Statute of 5 Eliz. 4. § 5. N. 5. The causes of putting away and departing of Servants are referred to the consideration and allowance of the Justices of Peace It behoveth them to have good care lest by their giving too much way therein either to the Master or Servant many which might by due ordering have proved good Servants turn Rogues and Vagabonds LXI Winch 25. pl. 63. An Information Mich. 19 Jac. C. B. License was for that his Apprentice departed out of his Service and the Defendant Received and Retained him without a Testimonial from the Master contra formam Statuti and so he demanded 5 li. The Defendant Pleaded nil debet c. and found against him and now Hendon Serjeant moved in Arrest of Judgment that an Apprentice is out of the Clause of 5 Eliz. 4. § 11. N. 1. And that the same extends only to Servants and to Laborours Retained within that Statute LXII Winch. 26. ibid. Hobard Ch. J. said Infant that it was never the intent of 5 Eliz. 4. § 11. N. 1. to make an Infant who is an Apprentice to be within the danger of the same Statute for an Infant at the Age of 14 years may be bound to be an Apprentice and the
Punishment which is given by the same Statute is that such person shall be whipt as a Rogue which plainly proves the Statute intends only those who are of full Age and if other Construction shall be made perhaps the Son of a Gentleman may be punished as a Rogue by such departure And he held that if an Apprentice depart with his Masters Goods delivered to him that he is not within 21 H. 8. 7. as another Servant is Hob. said that he doubted much whether an Apprentice had been within that Statute though the proviso 5 Eliz. 4. § 42. N. 1. had not been But this proves that the makers of the Statute thought this to be a hard matter to make an Infant who is an Apprentice to be within the danger of the same Law and for that reason the proviso of the Statute was made Winch. said to which Hutton agreed that upon the nil debet this may be moved in Arrest of Judgement if the matter be not within the Statute adjurnatum Dalt 82. supra Hetley 164. supra LXIII Dalt 359. cap. 121. A Warrant for a fugitive Servant Process I. C. Miles unus Justiciar ' Dom ' Regis c. Ballivis Hundred ' de B. T. H. Constabular ' de M. in Com' predict ' salutem Camb. ss Quia E. I. retentus in Servitio I. T. de M. predict ' sibi serviend ' secundum form ' effect ' Statut ' de servientibus edit ' a Servicio predict ' I. T. sine causa rationabili licentia ipsius I. T. recessit ut dicitur ideo ex parte Dom ' Regis vobis cuilibet vestrum precipio quod prefat ' E. L. ad prefat J. T. magistrum suum de serviend ' deliberar ' faciatis si hoc recusaveris tunc eum Goalae de C. c duci faciatis quousque c. ita quod eum habeatis coram me sociis meis Justiciar ' dicti Dom ' Regis in Com' predict ' ad proxim ' sessionem pacis ibid ' tenend ' ad faciend ' recipiend ' ea quae ei tunc ibidem in hac parte objicientur Sigillo meo sigillat ' Dat' apud c West Preced ' ◠part Sect. 578. Process LXIV Dalt 359 360 Another Warrant for a Fugitive Servant To the Sheriff of c. Cambr. ss WHereas I. E. being Lawfully retained in service with N. A. of c. is departed from his said Masters service before the end of his Term without his Masters leave or license or without any reasonable cause contrary to the Laws and Statutes of this Realm in that behalf provided these are therefore in his Majesties Name to command you and every of you that you or some one of you do Attach the Body of the said I. E. And to bring him before me or some other of his Majesties Justices of the Peace c. To find sufficient sureties well and faithfully to serve his said Master according to the Covenant between them made c. And if he shall refuse thus to do that then you cause him to be conveyed safely to the Kings Majesties Goal c. Labourers LXV Crompt 238. de Servientibus ubi requisit ' fuerunt ad serviend ' recusantibus Dalt 360. cap. 121 Staff ss Will ' Basset Arnig ' unus Justic ' c. R L Ballivo de S. in Com' pred' salutem Ex parte dicti Dom ' Regis tibi mando quod Attachias R. A. de S pred' Labourer ita quod eum habeas coram me vel sociis meis Justic ' dicti Domini Regis ad pacem in Com' pred' conservand ' necnon ad diversas felonias transgress ' alia malefacta in eodem Com' andiend ' terminand ' assignat ' ad proximam Generalem Sessionem pacis in Com' pred' tenend ' ad respondend ' tam dicto Domino Regi quam B C. de A. c. Yeoman quare ipse pred' R. A. licet in servitio congruo pro statu suo per prefat ' B. C. fuit sepius requisitus ei servire ipse tamen B. C. servire penitus recusavit in contempt ' dicti Domini Regis ipsius B. C. grave damnum contra form ' Statut ' de Servientibus nuper edit ' provisi habeatis ibi tunc hoc mandatum Teste c. See 5 Eliz. 4. Departure LXVI Crompt 238. Warrant ' ad capiend ' Servum qui recessit ante finem termini Staff ss R. B. Armig ' unus Justic ' c. Vic' Com' pred' necnon I. B. Constabular ' Villae de B. R. N. Ballivo itineranti in eodem Com' eorum cuilibet salutem Ex parte dicti Domini Regis vobis cuilibet vestrum mando quod attachiatis seu unus vestrum attachiat W. B. de R. pred' Labourer ita quod cum habeatis seu unus vestrum habeat coram me sociis meis Justiciar ' dicti Domini Regis ad pacem in Com' pred' conservand ' necnon c. assignat ' ad proximum Generalem Sessionem pacis in Com' pred' tenend ' ad respondend ' tam dicto Domino Regi quam R. C. de c. Yeoman quare in servitio ipsius R. apud T. in Com' pred' nuper retentus fuit ab eodem servitio ante finem termini inter eos concordat ' sine causa rationabili licentia ipsius R. recessit in dicti Domini Regis nunc contemptum ipsius R. grave damnum contra form ' Statut ' inde nuper edit ' provisi habeatis seu unus vestrum habeat ibi tunc hoc preceptum Teste c. See 5 Eliz. 4. Dalt 359. m. see Dalt 331. infra 74. Imprisonm LXVII Crompt 238. b. Warrantia ad deliberandum servientem extra Goalam Staff ss Humfr ' F. Armig ' unus Justiciar ' c. custodi Goalae dicti Domini Regis in Com' predict ' salutem Quia W. C. de N. Labourer venit coram me invenit sufficientem securitatem essendi coram me sociis meis ad proximum Sessionem Pacis in Com' predict ' tenend ' ad respondendum tam dictae Dominae Reginae quam C. D. de c. de transgressione contemptu suis contra formam Statuti de servientibus nuper editi provisi Ideo tibi ex parte dictae Dominae Reginae mando quod predict ' W. C. à prisona tua si ea occasione non alia ibidem detineatur sine dilatione deliberari facias Datum tali die anno LXVIII Crompt 238. b. Departure Praeceptum versus servientem recessum de Villa ubi morabatur in hyeme J. C. Armig ' Ballivis c. salutem Staff ss Ex parte dictae Dominae Reginae tibi mando quod attachiatis seu unus vestrum attachiat ' B. C. de E. in Com' pred' Labourer ita quod eum habeas seu unus vestrum
of Fact or if Judgment be given against him on nihil dicit for any other Cause any of these are sufficient Convictions whereupon to recover his penalty for Convicted is here 23 Eliz. 1. § 5. N. 1. to be taken for attainted as 't is in many other Cases for until Judgment he shall forfeit nothing and altho he that is Convicted is not therefore attainted yet every one who is attainted or adjudged is Convicted and of such a Conviction is this Statute to be understood infra 233. Good-behavior XXX The Laws c. 63 64. Upon the words Be bound in 23 Eliz. 1. § 5. N. 2. Some have made a question and among them Mr. Shephard in his Sure Guide cap. 6. Sect. 5. by whom or in what Court the Recusant shall be bound to the good behavior by force of this Statute for that the Court is not expresly mentioned and Wingate Crown 44. hath stumbled upon a conceit that after Certificate made in B. R. a Justice of Assize Goal delivery or Peace shall bind the party to the good behavior and misrecites the Statute accordingly but it seemeth the intention of the Law makers was that he should be bound in B. R. and of that opinion is Dalt 192. § 5. cap. 75. tit good behaviour 2. For where any proceedings are appointed to be upon or after a Certificate sent to any Court there by Common intendment the proceedings are to be in that Court to whom the Certificate is sent if no other Court be named and it cannot be presumed by any reasonable construction of 23 Eliz. 1. § 5. N. 2. That the Certificate into B. R. is to any other end than for the Justices there to proceed in such manner as the Act directs to be done after such Certificate as no question they may in this Case as well as upon Certificate of a presentment or of refusal of the Oath of Supremacy against 5 Eliz. 1. § 5. N. 10. Supra 39. and t is a rule in Construction of Statutes that where the intention plainly appears the Law ought to be advanced according to its end tho the words be short and imperfect especially Laws made for Religion as is held Hob. 157. and 11 Co. in Magdalen Colledge Case and 2 Bulstrode 155. 3. Popish Recusants Convicted are not to be reputed sufficient sureties within 23 Eliz. 1. § 5. N. 2. and therefore were refused by the Court of B. R. in the Case of Griffith 2 Bulstrode 155. XXXI The Laws c. 64. An Usher or assistant in teaching is a Master in the School and seemeth to be included within the word School-Master 23 Eliz. 1. § 6. N. 1. and the following words here or teacher explain who is intended viz. Every teacher of youth 23 Eliz. 1. § 7. N. 2. Scholars XXXII The Laws c. 65. 66. Abr. 69. This limitation of time within one year and day 23 Eliz. 1. § 8. N. 1. Extends not to any offence made Treason by 23 Eliz. 1. but only to such offences mentioned in this Act or 1 Eliz. 1. 2. and 5 Eliz. 1. and 13 Eliz. 2. as concern the Kings Supremacy in Causes Ecclesiastical the service of God coming to Church or Establishment of Religion 2. And for those touching Religion 23 Eliz. 1. § 8. N. 1. enlargeth the time limited by 1 Eliz. 2. § 20. N. 1. which saith the party must be Indicted the next Sessions or 1 Eliz. 2. § 22. N. 1. If in a Corporation within fifteen dayes after Easter or Michaelmas for now he may be Indicted at any time within the year and day 3. But for absolving or withdrawing or for being absolved withdrawn or reconciled which are 23 Eliz. 1. § 2. N. 1. made Treason no time is limited for the prosecution but the offender may be Indicted at any time after the year and day for the latter part of 23 Eliz. 1. § 8. N. 2. Speaks of those offences of Treason which the Justices of Peace cannot hear and determine and there no time is limited altho there be in the former part 23 Eliz. 1. § 8. N. 1 for those offences which are inquirable by Justices of Peace 1 Leonard 238. pl. 322. Guilfords Case Justices XXXIII The Laws c. 66. 67. Abr. 70. Upon 23 Eliz. 1. § 9. N. 1. The Justices of the Court of B. R. are the Soveraign Justices of Oyer and Terminer and Goal-delivery 9 Co. 118. Lord Sanchers Case and therefore may enquire of hear and determine the offences against this Act altho they be not here especially named 2. If an Indictment be preferred upon this Statute 23 Eliz. 1. § 9. N. 1. before Justices of Oyer and Terminer or of Assize for any offence not made Treason or misprision and there is an Indictment before Justices of Peace likewise for the same offence the Judgment of the Justices who do first enquire hear and determine the same shall stand and the Judgment given by the other shall be void as was held in the like Case 2 Inst 739. Upon 31 Eliz. 7. § N. of Inmates 3. The power here given 23 Eliz. 1. § 9. N. 2. The Justices of Peace in their open Quarter Sessions to hear and determine the offence of not coming to Church is in force at this day notwithstanding 29 Eliz. 6. § 2. N. 2. which saith that every Conviction for not coming to Church shall be in B. R. or at the Assizes or general Goal-delivery and not elsewhere for 3 Jac. 4. § 7. N. 1. hath given power to Justices of Peace in their general or Quarter Sessions to enquire hear and determine of all offences for not coming to Church according to former Laws in such manner as the Justices of Assize and Goal delivery might do by former Laws in the Case of Recusancy for not repairing to Church which is clearly a reviver of the power of Justices of Peace given to them by 23 Eliz. 1. § 9. N. 2. to proceed against Recusants and taken from them by 29 Eliz. 6. § 2. N. 2. 4. Nor doth that following Clause 3 Jac. 4. § 7. N. 2. Touching Conviction by Proclamation impeach this or restrain the Justices of Peace to proceed to Conviction upon Proclamation only and default of appearance no more than the Justices of Assize or goal-delivery are restrained thereby or by 29 Eliz. 6. § 2. N. 5. which gives them likewise Authority to proceed by Proclamation 5. For these Clauses of 3 Jac. 4. § 7. N. 1. 2. are in the Affirmative viz. first that the Justices of Peace shall have power to hear and determine the offence of not coming to Church according to Laws in such manner as Justices of Assize and Goal-delivery might do and those Justices might hear and determine that offence according to this Statute 23 Eliz. 1. § 9. N. 1. and then comes the next Clause of 3 Jac. 4. § 7. N. 2. that the Justices of Peace shall have power to Convict by Proclamation which is
purely affirmative also and thefore abrogates no part of the power given them by the former Clause of 3 Jac. 4. § 7. N. 1. and this agrees with what Sir Edward Coke saith 12 Co. 13. that if a man be Indicted for Recusancy at the Assizes or Sessions of the Peace the Court may waive the proceedings by Proclamation upon 3 Jac. 4. § 7. N. 2. And may still if they please proceed against the party by process upon this Statute 23 Eliz. 1. § 9. N. 2. in which Case the process must be by Venire facias capias c. As in Indictments of Trespass and if saith he the party be fugitive in another County the Indictment may be removed in B. R. and then process may be there made out against him into any County of England XXXIV The Laws c. 67. Abr. 71. Justices Upon 23 Eliz. 1. § 9. N. 2. by Quarter Session is intended here only the Sessions of the Peace held at four times of the year and not any other altho it be a general Sessions 2. And therefore the Justices of Peace in London who hold a Sessions every month cannot take Indictments upon this Statute 23 Eliz. 1. § 9. N. 2. at any of them unless it be the Quarter Sessions For that their Authority is given them only at a certain time as was resolved upon 5 Eliz. 9. § 9. N. 1. in the like Case Mich. 17. Jac. B. R. Palmer 44. pl. Taylors Case 3. And 3 Jac. 4. § 7. N. 1. which gives Justices of Peace power to take Indictments of Recusancy at their general or Quarter Sessions for so the word said there imports having reference to the general or Quarter Sessions mentioned before 3 Jac. 4. § 4. N. 2. about Presentments yet doth not enlarge the power of the Justices of Peace in this particular nor enable them to take such Indictments at any Sessions but at their four Quarter Sessions for altho it be put there 3 Jac. 4. § 4. N. 2. dis-junctively General or Quarter yet the latter word is but Explicative of the former and shews what General Sessions are meant as appears by 3 Jac. 4. § 14. N. 1. and 7 Jac. 6. § 26. N. 5. touching the Oath of Allegiance for in 3 Jac. 4. § 14. N. 1. t is said that if the party refuse the Oath he shall be committed to Goal until the next Assizes or General Quarter Sessions and if he refuse the Oath tendred him by the Justices of Assize and goal-delivery in their open Assizes or by the Justices of Peace in their said general Quarter Sessions he shall incurre a Praemunire and in 7 Jac. 6. § 26. N. 5. that the party refusing shall be committed to Goal until the next Assizes or general Quarter Sessions and if he refuse the Oath tendred him by the Justices of Assizes and Goal delivery in their open Assizes or goal-delivery or the Justices of Peace or the greater part of them in their general or Quarter Sessions he shall incurre a Praemunire which clearly shews that the same thing is intended by general Quarter Sessions and General or Quarter Sessions and that all General Sessions which are not Quarter Sessions are excluded out of the meaning of those Statutes Indictment XXXV The Laws c. 68. Abr. 72. The Justices named in 23 Eliz. 1. § 9. N. 2. are hereby impowered to proceed by Indictment only and no other way for they are to hear and determine after enquiry infra 95. 165. 2. And the word Enquire implyeth an Indictment and is alwaies so to be expounded supra 35 and so are the other words hear and determine where other proceeding are not specially named as here they are not 3. For the action of debt Information c. in any Court of Record is given to the Informer qui tam c. afterwards 23 Eliz. 1. § 11. N. 1. in a distinct branch by it self without any reference to this 4. So that by 23 Eliz. 1. § 9. N. 2. and before 35 Eliz. 1. § 10. N. 2. which gave the Queen an action of debt c. the Queen had no other remedy to recover the intire forfeitures given hereby but by Indictment only 11 Co. 60. and 1 Rol. 91. pl. 41. Dr. Fosters Case 5. See Jones 193. pl. for that and the suit by the common Informer are the only wayes appointed by 23 Eliz. 1. § 9. N. 2. and § 11. N. 1. and the subsequent Clause 23 Eliz. 1. § 10. N. 1. of submission which names the Justices before whom the party is to submit viz. the Justices before whom he is Indicted Arraigned or Tryed shews what proceeding are meant which are to be had before the Justices here named that is by Indictment Hob. 205. Pie and Lovel 6. Talbot and Shelden were Indicted for Recusancy Contra formam Statuti 23 Eliz. 1. in which Indictment the penalty was demanded and in a Writ of Error the Judgment was reverst for the offence is made by 1 Eliz. 2. § N. and the penalty is given by 23 Eliz. 1. § ◠N. and therefore it should have been Contra formam Statutorum Owen 135. pl. Wests Case infra 79. § 4. Bar. Fem. 7. If a Feme-Covert be Indicted at the Kings Suit for an offence within 23 Eliz. 1. § 5. N. 1. she may be charged with the penalty after her Husbands death but the Husband is not chargable nor shall pay the penalty for that he is no party to the Judgment And this was one of the Causes of making 35 Eliz. 1. § 10. N. 1. by which Statute the King may have an Action of debt and recover the forfeiture against the Husband 1 Rol. 93. 94. Roy versus Foster Savile 25. pl. 59. Treason XXXVI The Laws c. 68. Abr. 73. This Exception 23 Eliz. 1. § 9. N. 2. of Treason and misprision of Treason extends not to the Justices of Oyer and Terminer or of Assize and Goal-delivery as Wingate Crown 46. hath mistaken but only to Justices of Peace who are not to meddle in those two Cases but the other Justices may XXXVII The Laws c. 69. Abr. 75. Certificate Upon 23 Eliz. 1. § 10. N. 1. If a man be Indicted for Recusancy before Justices of Peace and he submits and conforms before the Bishop of the Diocess he may remove the Indictment by Certiorari into B. R. and there plead his Conformity by Certificate under the Bishops hand and Seal Styles 26. pl. 2. For the manner of a Recusants submission and Conformity before the Bishop after Conviction and the Bishops Certificate thereupon see Co. Entr. 569. XXXVIII The Laws c. 90. Abr. 85. Alien And his Being born within this Realm 27 Eliz. 2. § 3. N. 1. must be comprised in the Indictment but it need not be shown in what particular place he was born but generally quod J. S. natus infra hoc regnum Angliae c. And so it must be alledged in
Green-wax See Process and Seals H HAbeas Corpus See Imprisonment Hares See Forest Harvest See Poor Hawks See Fowl Hay and Oats See Corn Hostler Hearing See Justices Tryal Hedge-breakers See Trespass Herring See Fish High-wayes See Wayes Homicide See Coron Horses See Cattle Horse-bread See Corn. Hospital See Poor Horn See Trades Hunting See Forrest Husband See Bar. Feme Hue and Cry See Fresh Suit Hand Guns See Games and War Shooting Harborers see Hostler Houses of Correction See Poor Harness See War Hundred See Franchises Sheriffs Constable Hydes See Leather Headboroughs See Constable Husbandry Hatts See Apparel Hearth-money See Taxes Hostler I JEsuits See Pope Indictments Information See Action â—ur Statute Ingrossing See Market Overt Inn-keeper See Hostler Inn-holder See Hostler Inrolement Iron works See Mettle Jurisdiction See Justices Justices Issues See Inquest Forfeiture Judgment See Justices Juglers See Games Jurors See Enquest Imbezilment See War and Records Imbraceors See Inquest and Maintenance Infants See Enfants Imprisonment Incontinency See Bastardy Inmates See Cottages Inquest See Enquest Ideot Incumbent See Encumbent Images See Religion Inventories See Ordinary Infidel See Religion Jews Intendant Jews See Religion Idlers See Poor K KIng See Prerogative Killing See Error Kidders See Corn Cattle Kings-Bench See Justices Certiorari L LAborers See Apprentice Larceny See Coron Leather License Livery See Maintenance Logwood See Drapery Law See Pleading Leet Lent See Dayes Fish Religion Libels See Slander London See Franchises Justices Lunaticy See Infant Leap Year See Dayes Linnen Cloth See Drapery Liberties See Franchises Lying in wait See Coron Long Bows See Games Loyterers See Poor Lords Day See Dayes Religion Ladder See Corn. Latten See Mettle Letters of Administration See Administration Lace See Drapery and Merchants Letters See Wayes Liquors See Ale M MErchants Marriage Masons Mainprise See Bail Maim See Affray Trespass Mavet See Corn. Man-slaughter See Coron Mass See Pope Master See Apprentice Menace See Affray Mean Acts See Dayes Minstrels See Games Misprision See Treason Mitigation See Amerciament Forfeiture Mittimus See Imprisonment Mortuary See Tythes Multiplication see Money Murder see Coron Militia and Musters see War Maintenance Market Overt Measures Milch Kine see Cattle Menace see Affray Mariners see Admiral May-Poles see Games Millers see Corn. Ministers see Ecclesiastical Persons Religion Mis-feasans see Officer Messages see Wayes Monasteries see Abbey Month see Dayes Marches see Wales Marshalsey see Coron Marshes see Husbandry Money Mettle Malice see Intendant N NOsme and Name and Addition Next Justice see Justices Noble see Dignity Peers Notice Nets see Fish News see Slander Night-walkers see Coron Night see Dayes Non sane memory see Enfant Nusance Navy see Admiral Ships O OAth Obligation see Bail Recognizance Offices of the Justice see Justices Officer Ordinary Oppression see Fees Orders of Sessions see Justices Overseers see Poor Oats and Oat-meal see Corn. Obedience see Oath and Pope Orchards see Trespass Oyles see Marchants Measures Ouster le mere One Justice see Justices Omission see Amendment P PArdon Parson see Encumbent Partridges see Fowl Parks see Forrest Peace Pedlers see Poor Peers see Dignity Penal Laws see Information Perjury see Oath Pety Larceny see Coron Trespass Pety Treason see Treason Physicians Plague see Poor Playes see Games Plaints see Information Poor Pope Pourdike see Sewers Power of the County see Force Power see Authority and Justices Possession see Seisin Execution Poysoning see Coron Homicide Preachers see Encumbent Religion Premunire see Pope and Coron Presentment see Indictment Priests see Pope Privy Sessions see Justices Priviledge Peers see Dignity Prisoners see Imprisonment Proclamation see Notice Process Promoters see Information Prophesying see Conjuration Punishment Pain and Penalty see Forfeiture Purveyors Putting out Eyes c. see Trespass Pewter see Mettle Principal and Accessory see Accessory Coron Pleading Pannel see Enquest Pictures see Religion Ponds see Sewers Precept see Process Pensioners see Poor Pillory see Coron Pound see Replevin Pursuit see Fresh Suit Proof Pety Constables see Constable Parliament Paving see Wayes Poulterers see Fowl Parishes see Poor Pyracy see Admiral Plow-land see Husbandry Posse Comitatus see Sheriffs Riot Presumption see Intendant Post Office see Wayes Property see Chattels Pety Sessions see Constable Q QUarter Sessions see Justices Quorum see Justices Quakers see Religion Quarelling see Affray R RApe See Coron Women Ravishment See Coron Women Recognizance Records See Justices Regrator See Market Overt Release See Peace Recognizance Replevin See Bail Cattle Process Request see Process Restitution see Force Rescous See Escape Imprison Force Resistance See Escape Imprison Force Rewards see Pain Riot and Rout. Rivers see Sewers Rogues see Poor Robery see Coron Fresh Suit Rome see Pope Razure see Records Recusants see Pope Rates see Taxes Poor Reconciliation see Pope Religious Houses see Abby Return see Certificate Religion Rebellion see War Riot Removal see Poor Settlement Relation see Days Reparation see Ways Ransom see Amerciament Revenue see Taxes Recordare and see Certiorari Removing see Certiorari R SAcrament see Religion Sabbath see Days Sanctuary see Coron Salmons see Fish Scavage or Shewage see Merchants School-Masters see License Seals see Deeds Seisin see Force Seminaries see Pope Sermons see Religion Servants see Apprentice Sessions see Justices Pety-Sessions see Constab Sewers Sheep see Cattle Sheriffs Shoomakers see Leather Soap see Measures Markets Soldiers see War Shooting Star-Chamber see Riots Statutes see Parliament Subpoena see Process Subsidy see Taxes Suggestion see Inormat Supremacy see Oath Supersedeas Sutety see Bail Recognizance Suspicion see Intendment Coron Swearing see Oath Subornation see Proof Oath Sedition see Slander Silk see Drapery Strangers see Alien Sacriledge see Coron Saltpeter see War Sectaries see Religion Shooting see Games War Stoln Goods see Larceny Coron Stewards see Leet Stock see Account Poor Taxes Summons see Process Warrant Sunday see Days Religion Supplicavit see Peace Swans see Fowl Searchers see Merchants Se defendendo see Coron Setlement see Poor Slander Stocks see Imprisoment Submission see Pope Suits see Information Surplusage see Account Supervisors see Poor Ways Spinsters see Drapery Wool Scotland Ships Shipwright Seamen see Admiral Silver see Mettle Stabbing see Coron Smoak-mony see Taxes Skinners see Leather Strays see Chattels Coron Stealing see Larceny Coron Striking see Affray T TAnners see Leather Taverns see Wine Testimonial see Poor Thirdboroughs see Constable Tillage see Husbandry Tile-making see Masons Tinkers see Poor Tythes Toll see Market Overt Taxes Traverse see Pleading Treason Trespass and Affray Tryals see Proof and Process Troop see Riot Truce see Admiral Turn see Sheriffs Tales see Enquest Trunks see Fish Taxes Tales see Slander Theft see Coron Transportation Ouster le mere Travelling see Ways Tipling see Ale Tokens see Forgery Collusion Trades see Apprentice Treasure see Mony Threats see Dures Affray Tinne see Mettle Tobacco see Husbandry Merchants Timber see Wood. Tumult see Riot Two and Three Justices see Justices U VAgabonds and Vagrants see Poor Venire facias see Enquest Process Vessels see Measures Victuals Unlawful Assemblies see Riot Unlawful Games see Games Under-Sheriff see Sheriff Universities see Franchise Usury Utlary Vi laica see Force Undertakers see Purveyors Villain see Poor Upholster see Drapery Violence see Affray W WAges see Apprentice Fees Wainlings see Cattle Warrants see Process Warrenors see Forrest Wax Weapons see War Weights see Measures Witchcraft see Conjuration Wines Woad see Drapery Woods Wooll see Drapery Women Watch and ward see Fresh Suit Wild-fowle see Fowle Way-laying see Coron Wayes Wagoner Waynes Watermen see Sewers London Wears see Sewers Witness see Proof Wales Writs see Process Waifs see Chattels Coron Weavers see Drapery Workmen see Apprentice Wife see Bar Feme Y YArn see Drapery Year see Dayes FINIS