when men ought to intend devotion and other workes of charitie for remedie of their soules and sometimes after the gule of Harvest when every man almost was busied about the cutting and carrying of his Corre Plowd fo 316. b. The Calends of Aug. or the feast of S. Peter ad vincula 31. Edward 3. ca. 15. whereby the people were much grieved and disquieted King Edward the third upon the grievious complaint of his Commons desiring the quietnesse of his people did ordain and stablish that every Sheriffe from thenceforth should make his Tourne yearely one time within the moneth after Easter and another time within the moneth after Saint Michael and if they held them in other manner that then they should lose their Tourne for the time As it was restrained in time 2 Place So it was to place and persons it must bee kept within the precinct and libertie in loco debito et consueto If it be holden otherwise it is coram nonjudice And the matter of cognizance must bee within the view For 41. Edward 3. fo 31. Kyrton cites a Case wherein the Lord avowed the taking of an amerciament for the stopping of an High-way which in rei veritate was out of the Iurisdiction of the view and therefore the Plaintiffe recovered dammages If the Sheriffe shall keepe his Tourne in loco in consueto he may be indicted and punished for it 3 Persons Dyer 151. As for the persons Although in the time of King Arthur Omnes Proceres Comites Barones c. were to sweare and doe their suit reall in pleno Folkmote yet by the Statute of Marlebridge Marl ca. 11. it is thus provided by way of restraint De turnie vicec provisum est quod necesse non habeant ibi venire Archiep scopi Episcopi Abbates Priores Comites Barones nec aliqui viri religiosi seu mulieres nisi corum praesentia ob aliam causam specialiter exigatur c. So by this Statute All clergie and religious men All Earles Barons and all women are excepted and exempted and by the law al other people under the age of 12. years their presence being not necessary there in regard they are never sworne upon any inquests But all freeholders terrtennants and other persons inhabiting within the precincts of the Leet ought to appeare and do their suit and tennants in ancient demesne are not bound to come to the Sheriffs Tourne and consequently not to any Leet If any of the said persons mentioned to be exempted Fitzâ— na Bre. f. 158.161 or if any in wardship to the King should be distreyned to do their fuite the law hath provided severall forms of writs De exoneratione sectae for discharge of every of them Whatsoever the law prescribes or restreines in the Sheriffes Tourne Broo. Leet 26 22 Edw. 4 22. the same is binding in a Court Leet and it was agreed for law that the power of a Sheriffein the Towne and a Steward in the Leet were all one onely the Leet have power to enquire and take presentments of nusances and offences aswell in the Courts after the feast of Easter as after the feast of S. Michael Fitzâ— Leet 11 whereas the Sheriffe in his Tourne after Easter ought not to enquire of any action popular c. but only to take suite of the resiants and other suitors and to take the view quod trithinga teneantur scilicet That all above the age of 12. years come and appeare there to doe their suite and to take the oath of Legiance if they were not sworn before For after a person is once juratus in decennaria or ad fidem legeanciam Domini Regis hee is not compellable to be sworne againe As a Leet is derived by grant from the crown Forseiture of a Leet so by divers causes that may be seized into the Kings hands and returne to the Crowne againe and if for any just cause it bee forfeited and seised then must the resiants and suitors againe attend and doe their suite at the Sheriffes Tourne and what is omitted in the Tourne might be presented in the Kings bench for in the case of Iohn Charneles Edward the third Belknappe sets forth the law to be that if a thing were not presented within the Lords view then it should bee presented in the Sheriffes Tourne and for default there it should bee presented in the Kings Bench when the King came into the countrie by which it plainely appeares as before is expressed that the Iustice of the Kingdome was at first wholly in the hands of the King and immediately derived from his person to Subalterne Officers To answer one Objection for the time that all Leets are not kept strictly infra mensem after Easter and Michaelmas VVHere there are ancient Customary Courts of Tenants in ancient demesne or such like that were ever exempted from the Sheriffes Tourne and the Lords of such lands had their owne Tournes that of Easter being called Turnus de Hockday and that of Michaelmas Turnus Sancti Martini as in the Bishoprick of Winton and other places those Courts are left to their Arbitrary keeping either before or after the moneth or at other set times according to their ancient respective Customes and not restrained by any Statute Britton the tenour of whose learned worke runneth in the Kings name Edward 1. as if it had beene penned by himselfe answerable to Iustinians Institutes doth there in the first salutation of the Kings subjects with Edwardus Dei gratia c. set forth That because his peace could not well have its being without Law he caused the Lawes then used in this Realme to be put in writing and did thereby command a strict observation thereof in all things Saving a power to repeale alter and amend all such things as should seeme meet unto him with the advice of his Earls Barons and others of his Councel and saving all customes unto those as by prescription used the same time out of minde so as those usages were not discordant unto right At that time being 5. Edward 1. those ancient customarie Tournes within many particular Lordships were in use not subject to the Sheriffes Tournes and so not within the meaning of the Statute of 31. Edward 3. cap. 15. which being made long after extendeth not to any Leets but such as were and are derived out of the Sheriffes Tourne and so it was admitted by the Iudges that the Leet of another Lord was not within the Statute but the Leet of the Tourne Brooke Leet 21.6 Hen. 7.2 And so by necessarie consequence All Leetes derived out of the Sheriffes Tourne and no other In what Cases and by what meanes a Leete or Franchise may be seised or forfeited or the Lord damnified IN all grants of any Liberties or Franchises there are commonly two conditions one in facto which is alwaies explicite as to pay mony or to do or not to do any other act c. 2.
8. pence of Coppihold in the same Countie and this by the Statute of 1 R. 3 cap. 4. Stamf. plit Coron li. 2 cap. 24 fo 85 86 87. 2. The second sort are matters here inquirable presentable and punishable For the first it may seeme unnecessary to enquire at the law day of those things which the Court hath not power to correct and punish and which the authoritie of Instices of peace doe daily meet with But there are two reasons to cleare the doubt and approve the inquiry of them 1. The benefit of Escheats of lands and forfeiture of goods and Chattells for upon conviction of any offender in cases of Felonies their lands doe escheat unto the King if they bee holden of him or to the Lord of whom they are holden Saving to the King the waste thereof for a yeare and a day and therefore it is to be inquired what lands tenements and goods the offender hath for they accrew to the King if the Lord hath not a grant of Cattalla felonum by Charter from the King 9 H. 7 fo 23 29. 2. Instice Flemming The second reason Id. from the mouth of a Reverend Iudge who in a speech of his concerning the necessitie of Leets and law-dayes said that a Leet was Schola insigniendi juvenes a Schoole to direct and instruct young men to know the ancient lawes of the Kingdome and to prepare them for greater imployments at greater meetings as the Assises Gaole deliverie and Sessions of the peace The first sort of offences which concerne power of inquirie but not of punition are Treasons Premunire Pettie-treasons and Felonies HIgh Treasons which Glanvill lib. 1 cap. 2 cals Crimen laesae Majest ut de nece vel sedic personae Domini Regis velregni vel exercitus Britton ca. 29 title Tournes de Viscounts giveth directions for inquiring at the Sheriffes Tourne of the mortall enemies of the King or the Queene or their children or of their consenters And long after that by the Statute of 25. Ed. 3 cap. 2 a declaration was made what offences should be adjudged High or Pettie treason If any person doe imagine or compasse the death of our Lord the King or of the Queene or of their eldest sonne and heire It is High treason Crimen laesae Majest by the ancient common law For Princeps censetur una persona cum ipso Rege Or if a man doe violate the Kings companion or the Kings eldest daughter unmarried or the wife of the Kings eldest sonne and heire Or if a man doe levie warre against the King in his Realme or be adherent to the Kings enemies in his Realme giving them aide or comfort there or elsewhere Other Treasons which doe not touch the person of the King so neere IF any counterfeit the great seale privie seale or the money of this Realme Or if any bring false money into this Realme counterfeit to the mony of England knowing it to be false to marchandize or make payment in deceipt of the King and his people If any doe falsly forge or counterfeit any coine of gold or Silver which is not the proper coine of this Realme and is or shall be currant within this Realme If any doe forge or counterfeit the sign mannuall privie signet or privie seale If a man slay the Chancellor Treasurer or the Kings Iustices of the one bench or the other Iustices in Eyre or Iustices of Assise or any other Iustices being in their places doing their offices All those before cited and all ayders procurers and abbetters shall be deemed and adjudged Traitors and shall incurâ—e all paines and for feitures as in cases of High treason is used and ordeyned 1 Mar. ca. 6. If any for wicked lucre or gaine doe clip wash round or file any monie which is or shall be the coine of this Realme or the monie thereof or the coines or monie of another Realme which is or shall be allowed to be currant within this Realme or the Dominions thereof it is high treason 5 Eliz. 11. The forfeiture by the Statute is of goods but of lands only during life and no corruption of blood nor forfeiture of dower It was first declared high Treason 3 H. 5 afterwards abrogated 1 Mar. 1 and revived by this Statute of 5 Eliz. 11. Premünire and Treason FOr the preservation of the dignitie of the imperiall Crowne of England 5 Eliz. c. 1 it was enacted 5 Eliz. ca. 1. That if any person of any estate dignitie or degree soever should by writing ciphring printing or preaching deed or act advisedly and wittingly extoll or set forth the authoritie of the Bishop of Rome used or usurped within this Realme or any the Dominions thereof every such person their abbetters procurers and counsellers being lawfully indicted or presented within one yeare after such offence committed and being lawfully convicted or attainted shall incurre the penaltie of Premunire provided by the Statute of Provision made Anno 16 Rich. 2. And if any person or persons their abbetters or procurers after such conviction and attainder doe eftsoons commit the same offences and be thereof duly convicted and attainted shall incur the paines and forfeitures of high Treason In like danger are they who refuse to take the oath of supremacie prescribed 1 Eliz. 1 which for the first offence is Premunire And if any the persons appointed by this Act to take the said oath doe after the space of three moneths next after the first tender thereof the second time refuse or doe not take and pronounce it shall also be adjudged in the case of high Treason and this Statute requires a publication hereof at the Leete But this Act shall not extend to make any corruption of blood disinherison of any heire forfeiture of any dower nor the prejudice of any right or title of any persons other than the right or title of the offender during his her or their life only Nota the penaltie in a Premunire is described 22 Edward 3.1 and 16 Richard 2.5 to bee ouâ— of the Kings protection to forfeit lands goods and chattels and their bodies to bee taken imprisoned and ransomed at the Kings pleasure But by this Statute of 5 Eliz. 1 It is not lawful to kill any attainted in Premunire Pettie Treason IF any servant kill his or her Master or Mistresse or a man secular or religious killeth his Prelate or Ordinarie to whom he oweth faith and obedience it is pettie treason in them and the abbetters 25 Edward 3 2. If a woman killeth her husband in regard of the subjection and obedience which she oweth to him it is petty treason 19 Henry 6 fol. 47. If a servant after he bee out of service killeth his Master so as it be done out of a prepensed malice whilest he was in service It is pettie treason though not expressâ—ly within the letter of the Statute of 25 Ed. 3. It is pettie treason in a sonne who killeth his mother and he shall be drawne
of felony by the statute of Westm 2 cap. 24. A pardon of all Felonies in generall words doth not discharge a Rape without speciall words by the Statute of 25 Edw. 3. ca. And the benefit of Clergie is taken away by the Statute of 18 Eliz. cap. 6. It was ever anciently enquirable at the Tourn and Law day where it was not presented before the Coroner 18. E. 2. Vpon a presentment before the Sheriffe in his Tourne and returned upon a Certiorari into the Kings bench of a Rape feloniously committed it was the opinion of Hussey chiefe Iustice and other Iudges 22 Edw 4. fol. 22. that the presentment was void and that the power of a Sheriffe in his Tourne and of a Steward in the Leet being all one they had no authoritie to enquire of any things but such as were felonies and trespasses by the common Law Yet it seemes the wisedome of the common Law thought fit to continue and maintaine the enquirie of that and other offences at Tourns and Leets in the same nature and condition as they were before the alteration by Statutes And though the Statute lawes have in many cases enlarged and extended the punishment yet have they not abridged the ancient discipline and jurisdiction of those Courts All Rapes are here inquirable as trespasses and so it appeares by Fitz. in his Court Leet and in M. Kitchin and all other tracts of this nature Phisyognomie defaced or disfigured IF any put out any mans or womans eyes or cut out their tongues or noses or disfigure any member to the intent they should not see nor speake it was and is inquirable as bloodsheds Fitz. Leet 1 Mariae And yet by the Statute of 5 Hen. 4 cap. 5. The malicious cutting out of the tongue or pulling out of the eyes of the Kings liege people were made felonie and not without good ground sithence they are the principall members to glorifie almighty God The eyes to looke up to heaven I will saith the Psalmist 12 1. Lift up mine eyes unto the hils from whence commeth my help And Psal 123. Ad televavi oculos meos Vnto thee lift I up mine eyes O thou that dwellst in the heavens The tongue to chaunt and send up the sweet incense of prayers and praises to the mercie seat of heaven It must be malice in excesse that dare adventure the depriving and defacing of those instruments and organs of Gods glory Felonies which concerne the taking away wasteing and consuming of Life Bodie and Goods Sorcerers Conjurers and Witches ALL Sorcerers Conjurers and Witches which sort of offenders were by the common law guilty of felony and were to be burnt Fitz. Nat. fo 269. who cites for his authority Britton lib. 1. cap. 17. It was death by the law of Moses Thou shâ—lt not suffer a witch to live Ex. 21.18 A man or woman that hath a familiar spirit or that is a wizard shall be surely put to death they shall stone them with stones their blood shall bee upon them Levit. 20.27 For the repressing of those abominable offences divers lawes were made 33. Hen. 8.8 and diverse other succeeding statutes All repealed 5 Eliz. 16. And that Stature adnulled by An. 1 Iacobi 12. By which for the better restreyning the said offences and more severe punishing the same It was enacted That if any should practise or exercise any invocation or conjuration of any evill and and wicked spirit Or should consult covenant with imploy or reward any evill and wicked spirit to or for any intent or purpose Or take up any dead woman or child out of their grave or other place of rest or the skin bone or any other part of any dead person to bee used in any manner of Witchcraft or Sorcerie Or shall use or exercise any Witchcraft Sorceric Charme or Inchantment whereby any person shall be killed destroyed wasted consumed pined or lamed in their bodies or any part thereof It shall be felonie in them their aiders abbetters and counsellors without priviledge of Clergie or Sanctuary And if any by such practices shall take upon them to declare where any treasure of gold and silver should or might be found or had in the earth or other secret places or any goods lost should be found Or to the intent to provoke any person to unlawfull lust Or whereby any person should be destroyed hurt wasted or impaired in their bodies cattell or goods although the same be not effected and done The first offence is imprisonment for one whole yeare without baile and once in every quarter of that yeare to stand in the Pillory in a market towne in open market or saire by the space of six houres and there to confesse their offence And the second offence felony without any priviledge of Clergie or Sanctuary This Statute so exactly deciphering these offenders doth seeme to receive its light from the Leviâ—icall law Deut. 18. vers 10 11 12 Those that â—asse through the fire that use divination or are observers of times or an inchanter or a Witch or a charmer or consulter with familiar spirits a Wizard or a Necromancer all that doe these things are an abomination to the Lord c. These offences are inquirable at the Tourne and Leet by the Common Law Felonies which concerne the goods of any person and first of Gods House Sacriledge SAcrilegious â—obbing of Churches or Chappels or other holy places and taking away any ornaments out of them feloniously is here inquitable as Felonie Such as Lycâ—â—â—chus the wicked Church robber is described to be Maccha 2.4.42 who for his offence was stoned by the multitude Such offenders in our daies have not the benefit of Church or Clergie Frustra petit auxilium Ecclesiae quipeccat contra Ecclesiam Latrocinium Thest ALL Theft called by the Law Larceny Latrocinium which Bracton describes to be Contrectatio rei alienae fraudulenta animo furandi invito illo Cujus res fuerit is either de re magna of any thing above 12 pence or de re parva under twelve pence But note that this Contrectatio rei alienae must be of personall things and not of reall things as to cut downe a tree and carrie it away Or to take away a boxe with Charters Or to take and carrie away treasure trove any wrecke of Sea or wayfe or strayes is not felony Quia Dominus rerum non apparet Cut-Purses or Pick-Purses A Kinde of evill disposed persons felons and theeves by the law which commonly usurpe amongst themselves a wicked brotherhood and live by the spoile of good and true Subjects by felonious slights and devices from which they have their appellation they set up their shop every where not only in places of commerce as markets and faires and other popular meetings but in the sacred places of pietie and justice nay at the very execution of malefactors which should bee a terrour to them Britton cites the inquirie of them at the Tournes and Stat. 8 Eliz. 3 bars
De â—odoâ—reddendi according to the true meaning of this ancient oath of Legeance is the difficult question S. Pet. 1.6 2. v. 13. giveth this monition Submit your selves to every ordinance of man for the Lords sake whether is be to the King as supreme vers 14. or unto governours as unto them that are sent by him c. Though by the rule of S. Paul the substance of every princes power is the ordinance of God yet the specification of the circumstances thereto belonging as in regard of places persons Jurisdiction subordination and the rest is an humane ordinance introduced by custome or positive law Hence I will deduce this generall position That all subjects are bound by dutie and legeance to their princes to render to them civill obedience and their dues and duties according to the laws and customes of that kingdome wherein they live then by consequence the subjects of great Britain to their gracious Soveraign according to the Lawes and customes of our Nation To capitulate here all the casuall dues and duties annexed to his prerogative as forfeitures escheates confiscations or such like or wardships mariages primer seisin and many more at large recited and declared by the statute intituled Prarogativa Regis published in the 17 yeare of Ed. 2. Or to make particular rehersall of other ordinary dues as customes aide and such like were cleerly out of the scope of my intention But faithfully to deliver by what ways and means the king may require any extraordinarie aid and supply out of each subjects particular estate or terrene honour hic labor hoc opus est Some not well affected to the constant government of this kingdome The payments of dues and duties most proper by Parliamentary gift would have the kings necessities supplyed by impositions and taxes to bee raised and levied by the kings meer and absolute power without any commitiall consent of peeres and commons others more orthodox if I may so terme it to the happinesse of his Majestie and tranquillitie of the State doe hold and so it hath been declared by ancient modern parliaments that a parliamentarie gift subsidie or supply bee it of what name soever from the subject to the King is most proper and competible with the ancient rule and government of our kingdome The very name of parliament is sacrum quoddam and the nature of it most sublime and so long as the members are in unitie with the head most absolute and illimited The kingdome of England is a most ancient Monarchie under the rule and government of a Supreme Leige Soveraign conform and according to the peculiar lawes and customes of the nation confirmed by severall Parliaments and whereas all other nations as Bracton faith Lib. 1. Cap. 1. were governed by written lawes Sola Anglia usa est in suis finibus jure non scripto consuetudine in en quidem ex non seripto jus venit quod usus comprobavit Sed absurdum non erit leges Anglicanas licet non scriptas leges appellare cum legis vigorem habeat quicquid de consilio consensu magnatum reipublicae communi sponsione authoritate Regis sive principis praecadente juctè fuerit definitum approbatum England only is ruled by a law not written and by custom which by usage hath beene approved and it were absurd because not written not to call them lawes inasmuch as whatsoever by the counsell and consent of the Peers and commons and by the kings royall authoritie shall bee determined and allowed hath the power and vertue of a law Herein we may observe an authentike description of a parliament I cannot passe by the word Quicquid there is some remarkable energie in the generalitie of it that must not goe without a Quisquid Some would have religion and Ecclesiastike persons and do not stick to murmur loudly of it exempt from all parliament power All persons causes subject to Parliament but our Author who wrote in the later time of Hen. 2. well nigh 380 years agone not long after King Iohn had coactedly delivered over his royall Crowne into the hands of the Popes Legat and thereby admitted papall incroachments of jurisdiction in this kingdome although with the common errors of those times he seemed to advance pontisiciall power in Ecclesiasticall causes here cui scil Papae alioqui invictissimi etiam Imperatores Reges cesserunt as it is said in the prologue to Bracton yet he brings all jurisdictions and matters whatsoever with his Quicquid within the cognizance and power of parliament A parliament is the supremest Court of Justice in this kingdome Parliament the supremest court of justice an assembly of the King the Lords and peeres and the Commons of the Realme The word Parliament is a French word and signifies originally as much as colloquium a conference or treatie betweene the King and his Subjects Iâ—â—is great Court the kings of England have ever had authoritatem praecedentem as Bracton notes before aswell in regard of their naturall persons having supremacy and preeminent precedencie over and above all persons as of their politike capacitie and have the sole and only power to call and convene parliaments and to do all other kingly offices And they had and ever have potectatem subsequentem a power to ratifie and confirme such acts and lawes and Statutes whatsoever as are treated and agreed upon by the peeres and commons The king as learned Cambden observes and hath it from Bracton supremam potestatem merum imperium apud nos habet nec in imperii clientela est nec in vestituram ab alio quovis accipit nee prater Deum superiorem agnoscit In short the king is supreme over and above all persons and owneth no superiour but God The parliament is called by writs of summons directed to each peere of the land The calling of the parliament and by writs of summons directed to the Sheriffes of each severall countie And it is called by the advice and consent of the kings councell but note the king of England is armed with divers Councels One which is necessarieto be explained called Commune Concilium in all writs and proceedings and that is the high Court of parliament A second which is grande or magnum concilium which is sometime applyed to the upper house of parliament sometimes out of parliament to the peeres of the realme Lords of parliament Thirdly he hath his legale concilium his judges of the law for law matters The Fourth and last and not the least is the kings privatum concilium his privie Councellors of State The king hath as all the kings of England ever had his sacros and secretos consiliarios his sacred guard of privie Councellors Majorum et sapientissimorum è regno Amongst whom he fitteth in person and moderates their consultations in imitation of the precepts and presidents recorded in holy Scripture Where no counsell is the people fall but
question not only by force but also by subtiltie 3 By false invention and dispersing of calumniations rumors and reportes whereby discord and disquiet doe arise amongst his neighbours This person is the common incendiarie of strife in his neighbourhood and is ever fishing in troubled waters Hee is alwayes like a Woolfe worrying his harmelesse neighbours with multiplicity of unjust and fained suits either by information upon penall Statutes or by personall actions for himselfe and others or by malicious procuring of Latitats or Supplicavits of the peace and all by fraud and malice to inforce the poore partie to give him money or some other composition ad redimendam vexationem Evisdropper THe Evisdropper who is a species of a Barretor doth succeed in his order one that lurks under walls or windowes by night or day to heare and carry tales and raise strife twixt neighbours a most perillous member in a peacable common wealth the holy Ghost in the new Testament calls such an one Diabolus a false accuser calumniator or make-bate 2 Tim. 3.3 Salomon Prov. ca. 26. v. 20. cryes our against them in this wise Where no wood is there the fire goeth out where there is no talebearer there strife ceaseth vers 21. The words of a talebearer are as wounds and they goe downe into the inner most parts of the bellie Levit. 19. ver 16. Thou shalt not goe up and downe as a talebearer among the people The litterall interpretation of a Talebearer or accuser is one that maketh marchandise as it were of words uttering them as wares going from place to place to heare and spread abroad criminations of other men Such creatures are compared to a kinde of fowle and infectious vermin called Weasels who conceive by the eares and bring forth their little ones by the throat a thing abominable in men to receive by the hearing any false and feyned deprivations and to utter and exaggerate the same by their tongue and report and certainly a patulous and forward eare doth incourage and intise a busie tongue and both the detractor and the hearer Diabolum habent alter in aure alter in lingua Lewd houses THose who keepe and maintaine in their houses lewdnesse and lewd strumpets whose persons are justly branded for Bawdes and Panders and their habitation for Stewes and Brothell houses which minister frequent occasion of murthers and bloodsheds and often infringment of the peace to the utter ruine and destruction of famines a most odious and audacious sinne which poysoneth and corrupteth the publike weale this lewd and too accustomed vice is punished in the spirituall Court pro salute animae but here inquirable pro salute reipublicae 27. Hen 8. fo 17. Rogues c. ALL Rogues Vagabonds and sturdie persons that wander up and downe are here inquirable by the common law 39 Eilz ca 4. For suppressing such kinde of people diverse lawes were made which were all repealed by the Statute of 39. Eliz ca. 4. and thereby a description made who should bee accompted Rogues Vagabonds and sturdie beggars That is to say 1 All persons calling themselves Schollars going about begging 2 All Seafaring men pretending losse of ships or goods 3 All idle persons going about begging or useing any subtile craft or unlawfull games 4 Or faining knowledge in Phy siognomie Palmestry or other like craftie science 5 All tellers of destinies fortunes or other-like fantasticall imaginations 6 All Proctors Procuâ—ers Pattent-gatherers or collectors for Gaoles Prisons or Hospitals 7 All Fencers Bearewards common Players of interludes and minstrells wandring abroad other than such as belong to honourable personages lycensed under their hands and seales of armes By the Statute of 1 Iac. 7. which did continue and inlarge the said Statute of 39 Eliz. all licences of honourable personages are taken away And all glassemen wandring up and downe the countrey are numbred in the ranck of rogues By this Statute every man is bound to apprehend such a rogue as he or they shall see or know to resort to their houses to aske or receive any almes and to carrie or cause him to bee carried to the next Constable or Tethingman upon pain for every time 10 shillings to be levied and imployed according to the provision of 39. Eliz. in manner following viz. For the reparations and maintenance of the houses of correction and stocke and store thereof Or reliefe of the poore where the offence is committed at the discretion of the Justices of peace of the limit citie or towne corporate and to be levied by warrant under the hands and seales of two or more of the said Iustices by distresse and sale of the offenders goods and chattels And in default of any such levie then to be levied and imployed by the Lord of the Leet or his Officer in such manner as is prescribed by the Statute of 39. Eliz. By the same Statute of 1 Iac. If such Constables or Tethingmen do not cause the said rogues vagabonds and sturdie beggars to be punished according to the Statute of 39. Eliz. That then they shall forfeit 20 shillings for every default to be levied and imployed in manner as in the Statute 39. Eliz. is set forth This Statute of 1 Iacob is continued by 21. Iacob and 3. Car. and doth not any way abridge the former power of the Court Leet in inquiring presenting and amercing but rather gives an amplification to it and a speciall direction who are to be accounted rogues which before those Statutes were not so exactly known and deciphered This Law in point of preventing justice is the most usefull of all other ordinarie Lawes for experience will teach every one that the opportunities of their lawlesse and wandering liberties were not such provisions of restraint made would minister occasions of robberies burglaries assasinations murders and other grievous offences Message of Theeves IF any be imployed and doe goe in the message of theeves and are as bad and worse than rogues are here inquirable Masterlesse persons ANd so are those who like Antipodes walk in the night and sleepe in the day men that live without meanes or master fare well and have nothing who are not able to render an account of their life Haunters of Alehouses Amongst vagabonds or hazarders and night walkers M. Fitzh and M. Kitchin have joyned common haunters of Tavernes or Ale-houses and since they wrote diverse good laws have beene made aswell against such haunters as against drunkards and their harbourers and receivers The first Statute being 1. Iaco. 9. intituled an Act to restraine the inordinate haunting and tipling in Innes Alehouses and other victualing houses doth set forth the ancient true and principal use of such houses to be for receipt and releif of way faring persons and for supply of the wants of poore people and not meant for the harbouring of lewd and idle persons to spend and consume their money and time in drunken manner By which Statute it was restrained that no Alehouse-keeper c.
precincts of his houses gardens or orchards at cards dice tables bowls or tennis and shall not incurre the penaltie of this Statute The forfeiture happening within the precinct of any franchise or Leet the one moyetie shall be to the Lord the other to the pâ—â—ty that will sue for the same by any action c. and out of the libertie of a Leet the 〈◊〉 moietie to be to the King c. Handguns and Crosbowes FOr that diverse malicious and ill disposed persons did shamefully commit diverse detestable murthers robberies felonies 33 〈◊〉 riots and routs with crossebowes little short handguâ—s and hagbuts to the great feare and danger of his Majesties Subjects And the laudable exercise of the long bow was lately laid a part which had beâ—ne the safe guard and defâ—nce of the Realme and an inestimable dread and terrour to the enemies of the same It was ordained That no person unlesse â—â—e could dispend in lands or other profits an hundred pound per annum should shoot in any crossbow handgan hagbut or demibanke or keepe any in then houses or elsewhere upon paint for every time 10. pound Nota S Iohns Case Co. l. 5. so 71. It was adjudged that a dagge and pistoll were comprehended under the word handgunne though not expresly memioned and that stonebowes were prohibited swell as cross-bowes No person shall shoot in carry use or have in his house or elsewhere any handgun other than such as shall be in the stocke and gunne the length of one yard nor any hagbut demihauke other than such as shall be in stocke and gunne three quarters of a yard upon pain of ten pound Every person having lands fees annuities or offices of the yearly value of an hundred pound may seize and take every such Crossebow and keepe it to his owne use and also seize every such handguns c. being shorter than before is appointed and to breake and destroy the same within 20 dayes after such seisure upon paine of forty shillings for every gunne so seized and not broken No person vnlesse he have an hundred pound per annum as aforesaid shall carry or have in his journey in the King his high way any cross-bow bent or gun charged except it be in time and service of war upon paine of ten pound None shall shoot in any handgun c. at any thing at large in any citie borough or market towne or within a quarter of a mile of any of them unlesse at a butt or bank of earth in place convenient or for defence of his person or house upon pain of ten pound for every shoot If any master command his servant to shoot in any crossebow handgun c. at any deere fowle or other thing except it be at a banke or butt of earth or in the time of war he shall forfeit 10. pound But some persons for exercise and some places for defence and other purposes are dispensed with by the Statute for useing and keeping of handguns c. Stewards and Bay liffes of Leets have power to enquire heare and determine all the offences so that no lesse than ten pound fine be assessed upon every presentment and conviction The one moietie of every fine to be paid and levied to the use of the King and the one halfe of the other moietie to the Lord of the Leet and the other half to the partie that will sue for it by action c. A second Iury to enquire of the concealements of the first and if any concealements bee presented every of the first Iury to forfeit twenty shillings one moietie to the Lord by distresse or action of debt the other to the partie that will sue c. Other Lawes here inquirable which concerne the preservation of Frye of Fish and of certaine Fowle and beasts of Warren as Phesant Partridge Hare and Conies and some beasts of chase c. Deere Fry of Fish THe preamble of this Statute sets forth the destruction of spawne â— Eliz 18. Made perpetuall 3 Car. Reg. c. 4. except the proviso for the River of Tweed c. fry and young breed of fish in rivers and streams salt and fresh insomuch as in divers places swine and dogs were fed therewith to the hinderance and decay of the common wealth It was therefore enacted that none should take and destroy any young brood or fly of fish in any waters brookes streames or rivers salt or fresh with any manner of net or any wayes or meanes whatsoever nor take or kill any Salmons or Trowts out of season being kepper or shedder Salmons or Trowts None shall take in any rivers or places aforesaid any Pickorell not being in length 10 inches fish or more Salmon 16. inches fish and more Trowte 12. inches or more Baitell 12. inches or more None shall take any fish with any manner of net trannell or any other engin or device angling excepted but only with net or tranâ—ell whereof every mesh shall be two inches and half in breadth But where smelts loches mynnetts bulhead gudgions and eles have used to bee taken it shall be lawfull to use any such nets and meanes as had beene thentofore used for that purpose so as no other fish be taken killed or destroyed therewith The forfeiture for every time is 20. shillings the fish taken and the nets trannels c to be to the use of the Lord of the Leet for ever and to be levied as amerciaments for affraies in Leets have used to be Steward of Leets to give these offences in charge or else to forfeit 40. shillings and he may impannell a second Iurie to enquire of the concealments of the first Iury and it any concealements bee found every of the first Iury shall forfeit to the Lord of the Leet 20 shillings to be levied as before This Statute is perpetuated 3. Car. 4. except the proviso for the River of Tweed c. Phesants and Partridges THis Statute was made to prevent the destruction of the game of Phesants and Partridges 3 Eliz. 10.2 by taking of them by day and night with nets and other engins As also the spoile of corne and grasse by untimely hawking in the beginning of harvest None therefore shall take kill or destroy any Phesants or Partridges with any nets engins or other devices whatsoever in the night time upon pain of forfeiture for every Phesant twenty shillings every Partridge ten shillings to be paid within twenty dayes after conviction Or upon nonpayment to have one moneths imprisonment and to be bound by some Iustice of peace for two yeares never to destroy any such game contrary to this Act. The moietie of the penaltie to be to the Lord of the libertie and the other halfe to him that will sue c. and if the Lord shall dispence with licence or procure any such taking or killing c. then such penalties to bee to the poore of the parish to be levied and recovered by the Churchwardens or any of
committed within your libertie you shall also present all offenders and offerces against the Statute made in the fourth year of our late Soveraigne Lord King Iames intituled an Act to represse the odious and lothsome sin of drunkennesse and also against the Statute in the first Session of Parliament in the first yeare of his late Majesties raigne intituled an Act to restraine the inordinate haunting and tipling in Innes and Alehouses and other victualling houses with the alterations and additions contained in the said Act of the fourth yeare according to the alterations and additions of the Statute made in the 21. yeare of his said late Majesties raigne intituled an Act for the better repressing of drunkennesse and restraining the inordinate haunting of Inns and Alehouses and other victualling houses And lastly you shall well and truly doe and execute all those and such other things as are incident and doe belong unto your office of Constable for this yeare now to come So help you God FINIS AN EXPLANATION OF The old Oath OF LEGEANCE CONSISTING Of these foure generall Heads 1 What Legeance Ligeantia or Fides is 2 The extent of it by this ancient Oath and the severall parts and branches of the Oath 3 The Modus Reddendi of aids and supplyes to the KING 4 The Royall Office of the KING in the protection of his people confirmed at his Coronation Together with their severall Subdivisions at large LONDON Printed by Richard Badger 1641. AN EXPLANATION OF THE ANCIENT OATH OF LEGEANCE AN Oath is an attestation or calling God to witnesse of the truth touching those things which we say affirme and promise to do upon the holy Evangelists and before a lawfull Magistrate authorized to take such an Oath and that is a legall Oath There are two sorts of Legall Oaths used and practised within this Realme viz. Iuramentum consuctudinarium warranted by the custome of the Realm which is no more than the Common Law 2 Iuramentum Parliamentarium an Oath created and enacted by all the three States as the Oath of Supremacie prescribed 1 Eliz. cap. 1. and the Oath of Allegeance 3 Iacob 4. And no Oath can be imposed upon the Subject but what is enabled by the usage of the Common Law or by an Act of Parliament This ancient Oath was in time very long before the great Charter as in the former tract is remonstrated And bath beene confirmed from time to time in and by Magna Charta So that it hath 〈◊〉 power and vigor both from the common and commitâ—â—â— lawes of this Kingdome The Oath though once before mentioned doth follow viz. Heare yee that I. N. do sweare that from this day forward I will be true and faithfull to our Soveraign Lord the King and his heires and truth and faith beare of life and member and terrene honour And I will neither know nor heare of any ill or dammage intended unto him that I will not defend So help me God This Oath containes a reall protestation of every Subjects dutie to his Soveraigne and expresly declares what Subjection and Obedience ought to be expected from them and implicitely the office of the King towards his people which is protection for it is truly said That protectio trahit subjectionem subjectio protectionem It is cleare that the generall obligation of subjection and duties from the people and the power and prerogatives royall in the Prince are included in the law of God and are part of the Law of Nature whereto all Nations have consented which if I should Illustrate as well I might by innumerable testimonies presidents and examples aswell out of sacred Scriptures and Fathers as out of Heathen Writers Historians and others it would fill up a larger volumne than this Subject would require I am onely to deale with that subjective faith and Legeance which by the provinciall Lawes of this land which are Generalis consuetudo Regni Anglicae is naturally and legally jure haereditario due to the person and royaltie of his sacred Majestie This Legeance is derived to him from Lex aeterna the Morall Law called also the Law of nature part whereof the Law of England is being first written in Tabulis rectae rationis in the heart of man and the people by that Law governed two thousand yeares before it was published and written by Moses and before any judiciall or municipall lawes For the better informing of the vulgar sort of people herein for whom it is most convenient I shall assay to present to the well affected reader some collections to that end whereof I shall as the matter will beare endeavour an orderly prosecution 1 First a generall proposition what Legeance ligeantia or fides is 2 Secondly the extent of it by this ancient Oath and the severall parts and branches of this Oath 3 The Modus reddendi of aides and supplyes 4 The Royall office of the King ad protectionem for the protection of his people sacramentally confirmed at his Coronation 1 Legeance is a true and faithfull obedience of the Subject due to the Soveraigne this Legeance and obedience is a due inseparable from the Subject and is called ligeantia naturalis for as soone as he is borne he oweth by birthright Legeance and obedience to his Soveraigne Ligeantia est vinculum fidei the bond or obligation of faith and loyaltie Master Skency De verborum significatione verbo ligeantia saith That it is derived from the Italian word liga viz. a bond league or obligation As a great Lord Chancellor in the case of postnati said That ligeantia understood sensu currenti in the language of the time is vincusum fidei obedientiae the tye or bond of faith and obedience And he that is borne in any of the Kings dominions and under the Kings obedience is the Kings leige Subject and borne ad fidem Regis That is being the proper word used in the Law of England to be faithfull to the King It extendeth further in all cases of denization which is called ligeantia acquisita where any alien or stranger borne out of the Kings Dominions doth afterwards by any common grant of the King any Act of Parliament or other waies or meanes obtaine the freedome of a Subject within this Land Sometimes the extention of this word is yet larger for he that is an alien born out of the Kings Dominions ad fidem or under the obedience of another King if he dwell within the Kingdome and be protected by the King and his lawes hee is under the Kings Legeance ligatus Regiâ— and the reason is plaine For if to such a person any injury is done either in life member or estate the Law taketh as severe an accompt and inflicteth as severe a punishment upon the offenders in such cases as if the partie injured had beene subditus natus borne within his Majesties dominions Then great reason that such persons having the benefit of naturall borne subjects which is protection from suffering
after him or else for ease of himselfe without huy and cry doth wave or derelinquish therefore called by the Civilians bonaderelicta the goods feloniously stoine by him or any part thereof and slyeth away the King or the Lord is to have it unlesse the owner of them doe make fresh suite after the Felon to attaint him for thoâ— goods which if he doth hee shall have his goods againe notwithstanding the wayving and seizing â—ot note if Goods be stoine and wayved yet the owner may rescise them 20 yeares after if they were not formerly seised by an officer of the King or the Lord of the liberty Fugam fecit IF any upon Indictment of murder before the Coroner be found quod sugam fecit or if any be indicted of Felonic and acquitted and found that he sled he forfeits his goods to the King and the Lord may claime them by Charter but not by prescription The old law Si quis post fugam redierit inno centiam suam purgaverit nihilominus facultates suae apâ—d fiscum remanebunt Exigent IF Exigent bee awarded against one Indicted in Felony he forfeiteth his goods though he be after acquitted of the Felonie the King shall have his goods and the Lord by Charter but not prescription Outlawes ALL persons outlawed in trespasse debt or other personall actions doe forfeit their goods to the King and the Lord may have them by Charter Cleri Convicti ALL Clerks convict men that have the benefit of their Clergie and doe undergo the burning in the hand called by the common law Cauterization doe forfeit their goods notwithstanding By-Lawes ANy By-lawes for the common weale may be made in a Leer and are good and will lye against those that do not consent as to make Cawseyes Highwayes Bridges and such like 44 Ed. 3. so 19. But a By-law to repair a Church binds none but such as do assent vid. Co. 5. f. 63. A Leer may make by-lawes the Lord by prescription may distreyne for the Amerciaments and sell the distresse For the King may so doe and the Leet is the Kings although the Lord hath the profits Brooke Leet 34. Prescription 40. The Statute for view of Franck-pledge made the eighteene yeere of King Edward the Second FIrst you shall say unto us by the oath that you have made if all the Iurors that owe suite to this Court be come and which not And if all the chiefe pledges or their dosens bee come as they ought to come and which not And if all the dosens be in the assize of our Lord the King and which not and who received them And if there be any of the Kings villaines fugative dwelling otherwhere than in the Kings demeanes and of such as be within the Kings demeans and have not .hiden a yeare and a day And if there be any of the Lords villaines in Frankpledge otherwhere than in this Court Of customes and services due to this Court withdrawn how and by whom and in what Baylifes time Of Purprestures made in Lands and Waters to annoyance Of Walles Houses Dikes and Hedges set up or beaten downe to annoyance Of Bounds withdrawne and taken away Of Wayes and Paths opened or stopped Of Waters turned or stopped or brought from their right course Of breakers of Houses and of their receivers Of Petie Larens as of Geese Hens or Sheafes Of I heeves that steale cleathes or of Theevs that doe pilfer cloathes through windows and walls Of such as goe on message for theeves Of Cryes levied and not pursued Of Bloodshed and if frayes made Of escapes of Theeves or Felons Of persons outlawed returned not having the Kings warrant Of Women ravished not presented before the Coroners Of clippers and forgers of Atoney Of Treasure found Of the Assize of Bread and Aleâ—roken Of false measures and of Bushels Gallons Yards and Ells. Of false Ballances and Weights Of such as have double measure and buy by the great and sell by the lesse Of such as continually haunt Tavernes and no man knoweth whereon they doe live Of such as sleepe by day and watch by night and fare well and have nothing Of Cloth-sellers and Curriers of Leather dwelling out of Merchant townes Of such as take Church or Churchyard and after depart without doing that which belongeth thereâ—ntâ— Of persons imprisoned and after let goe without maineprise Of such as take Doves in Winter by doorefals or engins And of all these things you shall doe us to wit by the oath that you have taken A note of the Statutes which are repealed altered or expired since the time wherein M. Kitchin wrote which I thought fit to set down in regard many of them I have observed are frequently given in charge till this time The Statute of Cordweyners 5 Eliz. ca. 8. Repealed 1 Iacob 22. The Statute of Crow-nets for the destruction of Crowes Rookes and Choughes 24 Hen. 8.10 Expired 8 Eliz. 15. The Statute of Hats and Caps 13 Eliz. ca. 19. Expired 39 Eliz. 18. The Statute against Riots 1 Ma. ca. 12. continued 1 Eliz. 16. during the Queens life untill the end of the next Parl ament following Expired yet Riots are in juirable as an offence at the Common Law The Statute of Wynes 7 Ed. 6. ca. 5. Repealed in part 1 Iac. 25. as is before declared The Statute touching Horsbread 31 H. 8.41 Repealed by 22 Iac. Reg. 21. The Statute of Apparell made 24. H 8. ca. 13. Repealed 1 Iac. 25. The Oath of a Constable set forth by M. Kitchen with the additions mentioned in the Statute of 21 Ja. which oath containes a short Epitome of the dâ—tie and office of Constables YOu shall sweare that you shâ—ll well and truly serve our Soveraigne Lord the King in the office of Constable for this yeare now to come you shall see that his Majesties peace be well and truly kept according to your power and you shall arrest all those whom you shall find committing riots debates or affrayes to the breach of the peace you shall endeavour your self according to your knowledge that the Statute of Winton For watch huy and cry and the Statutes made for the punishment of sturdy Beggers Vagabonds Rogâ—â—s and other idle persons comming within your libertiâ— be duely put in execution and that the offenders be duely punished you shall also upon complaint made unto you apprehend all Barrertois and Riotous persons and all Felons and if any of them doe make resistance with force and mâ—ltitude of Malefactors you shall make outcrie and parsue them untill they be taken And you shall looke and search after such persons as use unlawfull games and you shall have regard unto the maintenance of Artillerie And you shall well and truly execute all such proces and precepts as shall be directed unto you from his Majesties Iustices of peace of the Countie or any his Highnesse Iudges Iustices or Officers whatsoever and you shall well and truly present all bloodsheds outcries affraies and rescues happening or