HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT A IVSTICE OF PEACE for IRELAND consisting of two Bookes The first declaring th'exercise of that office by one or more Iustices of Peace out of Sessions The second setting forth the forme of proceeding in Sessions and the matters to be enquired of and handled therein Composed by Sir RICHARD BOLTON Knight Chief Baron of his Majesties Court of Exchequer in Ireland Whereunto are added many Presidents of Indictments of Treasons Felonies Misprisions Praemunires and Finable offences of Force Fraud Omission and other misdemeanors of severall sorts more then ever heretofore have beene published in print PSAL. 7. vers 9. Oh let the wickednesse of the wicked come to an end but establish the just for the righteous God trieth the hearts and reines DUBLIN Printed by the Society of Stationers Printers to the Kings most excellent Majestie 1638. BEATI PACIFICI C R SVM GVILHELMI BOLD DE TRE-YR-DDÔL IN COMITATV ANGLESEY ARMIGERI EX DONO AVTHORIS EN DIEV EST TOVT TO THE RIGHT HONORABLE THOMAS Lord Viscount WENTWORTH Baron of Wentworth-woodhouse LORD Newmarsh and Oversley Lord President of the Councell established in the North part of England Lord Lievetenant of Yorkshire One of his Majesties most most honorable Privie Councell in England and Lord Deputie generall of Ireland RIGHT HONORABLE SInce the Conquest of Ireland made by King Henry the second untill of late the Office and Authoritie of a Iustice of Peace have very little or nothing at all beene here understood or regarded but have beene altogether eclipsed by those many and often Rebellions which have beene in this Kingdome almost in all ages since that happie Conquest These Rebellions after many yeares continuance were totally repressed by that illustrious Princesse Queene Elizabeth who having finished that worke was called to another Kingdome there to enjoy an everlasting Crowne of Glory Since which time by the goodnesse of Almighty God and the most happy prudent and peaceable governement of our late Soveraigne King Iames of blessed memory and of his most Excellent Majestie that now is especially since your Lordships governement here that Eclipse is so vanished and dispersed that now the light of Iustice doth cleerely appeare and shew it selfe in all parts of Ireland and the office of a Iustice of Peace is duely regarded and his Warrant in all parts of the Kingdome obeyed So as now it will be needfull that the Iustice of Peace should well understand the duty of his place and neither exceede nor come short of the Authority given him either by Cōmission or by the statute Lawes of the Realme And albeit divers worthy and learned men in England have published many profitable Bookes concerning the Pleas of the Crowne and the Office of a Iustice of peace yet none of those will be any sufficient guide for the Iustices of peace in Ireland because the Statute lawes of England and Ireland doe in many things differ for there be many ancient Statutes made in England some whereof are in some things altered and others repealed either in part or in the whole by later Statutes which are not of force in Ireland so as those ancient Statutes as they were first enacted remaine still of force in this Kingdome and likewise there be many statutes made in Ireland aswell before 10. H. 7. as since which were never any lawes in England The consideration whereof hath incited me although by reason of mine age and other infirmities least able of all my brethren the Iudges for the helpe of the Iustices of peace here to compose this worke according to the lawes and Statutes now of force in this Kingdome which I humbly make bold to present to your Lordships view protection not doubting but as all other labours which any way tend to the advancement of Iustice the well ordering of this Common-wealth so also these poore endevours of mine to that purpose vvill easily obtaine your favourable acceptance Mine errors or mistakings I shall humbly beseech your Lordship to pardon impute them rather to my weaknesse want of abilitie and multiplicitie of other imployments then to my will and to accept of this small mite as a free-vvill offering at the hands of him who for your Lordships many noble favors will not only ever pray for your happinesse and long continuance in this place of governement but also earnestly desire to manifest his thankfulnes for the same and to be accounted Your Lordships humble and faithfull servant RI. BOLTON The Method and Contents of the first Booke conteyning the exercise of the office of one or more Iustices of Peace out of Sessions THe first booke beginneth with an Introduction which is divided into two Chapters The first whereof declareth who were and yet are Conservators of the peace at the Common law by vertue of their severall offices The second Chapter thereof setteth forth the first ordayning of Iustices of the peace the duty of their places in a generalitie the formes of the severall Commissions of the peace used in Ireland the meanes how the same may be suspended or determined the severall oathes which the Iustices of peace are to take and lastly a briefe exposition of the first Assignavimus in the Commission of the peace The rest of the first booke is divided into 36. severall Titles according to the Alphabet some of which Titles containe but one Chapter some others containe severall Chapters according to the severall sorts of the matters contained under those severall Titles The Table of the severall Titles and of the severall matters contained in every Title followeth viz. 1. Affray ca. 1. 1. The derivation of the word Affray Sect. 1. 2. What every private man may doe to pacifie an Affray Sect. 2. 3. 4. 5. 3. What a Constable may doe for pacifying an Affray and punishing the offendors S. 6. 7 8 9 10 11 12 13 14 15 21. 4. What a Iustice of peace may doe herein S. 16 17 18 19. 20. 2. Armour ca. 2. 1. Who may weare weapons or got armed and who not Sect. 1 2 3. 2. What a Iustice of peace or Sheriffe is to doe when Armour is worne unlawfully in terrorem populi Sect. 1 2 4 5. 3. What a Constable or other officer may do in such case S. 1. 5. 3. Arrest Imprisonment ca. 3. 1. What is an Arrest and Imprisonment S. 12. 44. 45. 2. By what warrant and when an Arrest may be made by word only S. 3 4 5 6 7. 3. When and in what case it must be by writing S. 8. 9. 10. 4. How and in what maner such warrant ought to be executed S. 11 12 26 27 28 29 30 31 32 33 34 35 36 37 38 39. 5. For what causes a Iustice of peace may grant such warrants S. 14 15 16 17 18 19 20. 6. Certaine causes for which the Iustices of peace ought not to grant such warrants S. 21. 22. 7. To whom such warrants may be directed S.
all high Constables petty Constables and all other his Majesties officers greeting c. whereas E. F. hath informed me that diverse goods and cattel viz. xx l. in money c. and so name all the goods have beene lately stolne from him these are therefore in his Majesties name straightly to charge and command you and every of you upon sight hereof presently without delay in all suspected houses and places within your severall Bailiwickes Hundreds Baronies and Constablewicks to make diligent search for the said goods and where you shall finde the same or any part thereof to arrest the parties in whose houses or possessions the said goods or any part thereof shall be so found and so them arrested to bring before me to my house at Dale with all convenient speed whereof you may not faile at your perill sealed with my seale and dated the _____ day of _____ c. 5. When any of the said felons or traitours shall be so arrested and brought before the Iustice of peace the Iustice must take the examination of the traitours or felons in writing but not upon oath and must examine them upon all circumstances whereof he shall receive information from the accusers and upon such other circumstances as he in his owne discretion shall thinke fit for the discovery of the Treason or felony The forme of the Examinations may be thus 6. The Examination of A.B. c. taken before me R.B. one of his Majesties Iustices of peace in the County of M. the first day of February in the xiij yeare of the Raigne of our soveraigne Lord Charles by the grace of God King of England Scotland France and Ireland defendor of the faith c. The said examinat being duely examined saith c. and so set downe every particular answer that the prisoner shall make to the questions that shall be demanded of him 7. This being done the Iustice of peace must take the examinations of the accusers and such other as can give any evidence materiall against the prisoner and their examinations must be taken in writing severally and that upon oath The forme whereof may be thus 8. The examination of A.B. c. taken before me C.B. Esquire one of his Majesties Iustices of peace in the County of Dublin the first day of March in the xiij yeare of the Raigne of our soveraigne Lord Charles by the grace of God King of England Scotland France and Ireland defendor of the faith c. This examinat being duely sworne upon the holy Evangelist and examined upon his oath saith c. and so set downe at large all the materiall circumstances that he shall declare to prove the treason or felony 9. This being done the Iustice of peace must make a Mittimus to convay the prisoner to the County Gaole The Mittimus may be in this forme 10. Comitat. Cavan A.B. Esquire one of the Iustices of peace in the County of C. to the keeper of his Majesties Gaole in the said County greeting I send you therewithall the body of E.F. late of G. labourer brought before me this present day and charged with the felonious stealing of one blacke horse of the goods of I.H. and therefore these are in his Majesties name to command you that immediately upon sight hereof you receive the said E.F. into your custody and him safely keepe in his Majesties Gaole of the said County untill he shall be thence delivered by due order of his Majesties Lawes whereof you may not faile as you will answere for your contempt at your perill dated at Dale the first day of Ianuary c. 11. I doe not like of the Mittimus commonly used in Ireland that is to send the prisoner from Constable to Constable for I finde by experience that thereby many notable offendors doe escape and then many times goe into Rebellion to the great prejudice of the common wealth but I like better that he should be convayed to the Gaole by the Constable of that Constablewicke where he was apprehended and that by a sufficient guard at the charge of the Constablewicke for which the Iustices of peace shall doe well to conceive a generall order at their generall Sessions of the peace 12. This being done the Iustice of peace must take a severall Recognisance of every one of the accusers and of every one that can give evidence against the prisoner the forme of which Recognisance may be thus Com. Dublin 13. Memorandum quod tertio die Aprilis anno Regni Domini nostri Caroli Dei gratia Angliae Scotiae Franciae Hiberniae regis fidei defensoris A.B. de C. in comitatu praedicto Yeoman personaliter coram me I. H. uno Iusticiariorum dicti Domini Regis in per totum comitatum praedictum ad pacem dicti Domini Regis conservandum c. assignat apud Dale in Com. praedict recognovit se debere dicto Domino Regi decem libras bonae legalis monetae de bonis Catallis terris tenementis suis fieri levari ad opus dicti Domini regis heredum successorum suorum si defecerit in conditione subsequenti The condition of the above Recognisance is such that whereas one A.B. late of C. labourer was this present day brought before me and was charged with the felonious stealing of one blacke horse of the goods of the above named B.E. and thereupon was sent by me the above named Iustice of peace to the Kings Majesties gaole of the said County of Dublin If therefore he the said B. E. shall and will at the next generall gaole delivery to be holden in the said County preferre or cause to be framed and preferred a bill of indictment of the said felony against the said A.B. and shall and will then also give evidence there concerning the same aswell to the Iurors that shall then make enquiry of the said felony as also to them that shall passe upon the tryall of the said A. B. That then the said Recognisance shall be voyd or else c. 14. The like Recognisance must be taken severally of all such as can give any materiall evidence against the prisoner with the like condition 15. And in cases of Treason the like Recognisance must be taken as in felony mutatis mutandis 16. Also the Iustice of peace ought to returne the said examinations and Recognisances at the next gaole delivery or else he is to be fyned 17. Now concerning Misprisions and Praemunires the Iust of peace may make out a warrant to apprehend offendours in this forme following viz. A.B. Esquire one of his Majesties Iustices of peace within the County of Lowth Lowth To the Sheriffe of the said County and to all and singular the high Constables petty Constables and all other his Majesties officers in the said County greeting These are in his Majesties name streightly to charge and command you and every of you within your severall Bailiwickes Hundreds Baronies and Constablewickes to
maintenance of this peace was recommended and who with their other offices had and yet still have the conservation of the Peace annexed to their charges as a thing incident to and unseparable from those offices And yet neverthelesse they were and are called by the names of their offices onely the conservation of the Peace being included therein First 20. H. 7. 7. 2. Co. 11. 85. the Kings Majestie by his Dignitie Royall is the principall Conservator of the Peace within his Dominions and is Capitalis Iusticiarius Angliae in whose hands at the beginning the administration of all Iustice first was and afterwards by and from him only was this authority derived and given to others 2. The Lord Chancellour or Lord Keeper of the great Seale the Lord high Steward of England the Lord Marshall and high Constable of England the Lord Treasurer of England and every Iustice of the Kings Bench and also the Master of the Rolls have inclosed in their said Offices the conservation of the Peace over all the Realme and every of these may award precepts and take recognizance for the Peace by vertue of their places and the like Officers in Ireland may doe the like 2. H. 7. 1. Br. peace 12. 3. There be others also who by vertue of their Offices have the conservation of the Peace but yet onely within the precinct of their severall Courts as namely the Iustices of the Court of Common Pleas the Barons of the Exchequer and the Iustices of Assise 4. Also the Steward of the Sheriffes Turne the Steward of a Leete and the Steward of a Court of Pypowder every of these are Conservators of the Peace within their severall Courts for every of them may commit him to ward that shall make an Affray in their presence whilst they be in execution of their Offices for that these be Courts of Record and so in all other Courts of Record 5. And as well the Steward of the Sheriffes Turne as also the Steward of a Leete during their Courts may by recognizance binde him to the peace that shall make an Affray in their presence Br. Leet 39. F.N.B. 82. sitting the Court 13. H. 4. 12. And may commit him to Ward untill hee hath found sureties for the peace And may also take the examination of Felons at the Common Law 21. Ed. 4. â—1 and commit them to the Gaole and may also take the presentment of any Felony at the Common Law committed within their precinct or of any other offence against the peace except the death of a man See Br. Leet 1. 2. 14. 18. 22. 26. Co. 8. 38. 6. And so if any other contempt or disturbance to the Court shall be committed in any of the said Courts or in any other Court of Record the Iudge or Steward there may impose upon such Offendors a reasonable Fyne F.N.B. 81. d. 7. The Sheriffe is a Conservator of the peace within his Countie And upon request to him made he may command another to finde surety of the Peace and may commit him untill hee finde such suretie 7. Coroners also by the Common Law are Conservators of the peace within the County where they be Coroners but they have power for the keeping of the peace only as the Constables have and no otherwise 9. The high Constables for hundreds are Conservators of the peace within their severall hundreds and limits Br. peace 13. 10. All petty Constables within the limits of their severall Townes be Conservators of the peace by vertue of their Office 11. If any man shall make an Affray or assault upon another in the presence of the Constable Or if any man shall threaten to kill beat or hurt another and that complaint shall bee made thereof to the Constable hee may commit the offendour to the Stockes or to some other safe custodie for the present and after may carry him before some Iustice of peace or to the Gaole untill hee shall finde suretie for the peace 12. These conservators of the peace by the ancient common Law are to imploy their owne valour and may also command the helpe aide and force of others to arrest and pacifie all such who in their presence and within their Iurisdiction and limits by word or deed shall goe about to breake the peace 13. Also these Conservators of the peace if they have committed or bound over any such offendours it seemeth they are then to send to or to be present at and attend the next Sessions of the peace or Gaole-delivery there to object against such offendours The first ordering of Iustices of the Peace and their authoritie CHAP. 2. 1. IN Anno Domini 1327. Iustices or Commissioners of the Peace were first created and ordained by the statute of 1. Ed. 3. cap. 16. by which statute it was ordained that in every Shire of the Realme certaine persons should be assigned sc by the Kings Commission to keepe the peace And their authoritie was after inlarged by the statutes of 4. Ed. 3. cap. 2. 18. Ed. 3. cap. 2 And 34. Ed. cap. 1. And by the said statute of 34. Ed. 3. cap. 1. they were first generally enabled to heare and determine at the Kings suite all manner of Felonies and Trespasses And each County had now its proper Commissioners for the peace whereas before it seemeth the Commissions to the Iustices of peace were not alwayes made severally into each shire but sometimes joyntly to sundry persons over sundry shires 2. But the statute of 36. Edw. 3. cap. 12. is the first statute that nameth them Iustices of the peace For the statutes of 2. Ed. 3. cap. 6. and 25. Ed. 3. cap. 6. 7. 8. speaking of Iustices seeme not to bee of our Iustices of peace but that of 2. E. 3. as also the statute of Winchester cap. 6. therein mentioned to bee meant of Iustices Itinerants or Iustices in Eyre and the other of 25. E. 3. to bee meant of Iustices or Commissioners specially assigned for servants and labourers 3. They be called Iustices of the peace because they be Iudges of Record and withall to put them in minde by their names that they are to doe Iustice which is to yeeld to every man his owne by even portions and according to the lawes customes and statutes of this Realme without respect of persons 4. They are named also Commissioners of the peace because they have authoritie by the Kings Commission 5. And here it shall not be amisse to put them in minde how that Iustice may be perverted many wayes if they shall not arme themselves with the feare of God the love of Truth and Iustice and with the authority and knowledge of the Lawes and Statutes of this Realme As namely 1. First by feare when fearing the power or countenance of another they doe not Iustice Deut. 1.17 Yee shall not feare the face of man for the judgement is Gods 2. Favour when they seeke to please their Friend neighbour or others
levyed by the Warden of the peace and that the paines lost be spent upon the Townes where the said paines riseth 8. Also by a statute made in Ireland in the tenth yeare of King Henry the seventh it is ordained That every subject having goods and Chattels to the value of Ten pounds have an English Bow and a sneafe of Arrowes according every subject having goods to the value of 20. l. have a Iacke Sallet and English Bow and a sheafe of arrowes every Freeholder having land to the value yearely of foure pounds have his horse Iacke Sallet Bow and Sheafe of Arrowes every Lord Knight and Esquire within the said land have for every yeoman daily in their houshold Iacke Salet Bow and Arrowes to the intent that all the Commons of the said land may be able to doe the King or his Lievetenant service for their owne defence and suretie And that if the foresaid persons or any of them doe not observe and performe the premises as it is before specified that then they and every of them doe forfeit to the King 6. s. 8. d. as often times as they and every of them shall offend the foresaid ordinance And likewise that there be in every Barony within every Shire of the said land two Wardens of peace having authority as it hath been used of old time and in every parish Constables of able persons inhabitants within the said parishes and a paire of Buts to be had within every of the foresaid parishes at the cost of the said parishioners that the Commons of the said land may the sooner attaine the practise and experience of Archers And that the foresaid Constables in every parish upon paine of forfeiture of 12. d. at every default doe call before them or one of them every holy day all and every of the foresaid persons having Bowes and Arrowes as afore is rehearsed 10. H. 7 ca. 9. in Ireland to shoot and cause them to shoot at the least two or three games at the said Buts and if any of the said persons make default at any holy day without a reasonable cause shewed that then the said Constables have full power and authority to record their defaults and amerce them and every of them at every such default in 4.d and the said Constables to present the said amerciaments in writing to the Barons of the Kings Eschequer in the said land to be levyed and perceived in like manner and forme as the Kings Revenues have beene levyed there Felonie CHAP. 9. 1. EVery Iustice of peace by force of the first Assignavimus of the Commission may cause fresh suite Huy and Cry and search to be made by the Sheriffe bailiffes Constables and others upon any Treason robbery theft or other felony and also may cause the Constables to arrest and to imprison all such as shall be suspected of such Treason or felony or to be Theeves Murderers or Felons 2. Also every Iustice of peace may and must take the examination of all such felons or persons suspected of treason or felony as shall be brought before him 10. Carolica 18. and must also take information against them of those that bring them sc of the fact and of circumstances thereof and must put in writing such examinations and informations or so much thereof as shall be materiall to prove the felony and must certifie them to the next generall gaole delivery and after such examination and information taken then must commit such traitors or felons to the gaole if they be not baileable but if they be baileable then there must be two Iustices together the one of them of the Quorum to bayle them or else they cannot be bailed 3. The Iustice of peace that taketh the examinations must by recognisance binde the Informers that doe declare any thing materiall to prove the felony or treason to appeare and give evidence against the felon at the next generall gaole delivery to be holden within the County City or Towne corporate where the triall of the said offence shall be Stamf. 58. Li. intr 385. Co. 9. 118. 4. The Iustices of peace in the County of Dublin as well by vertue of their Commission as also by force of the statutes of 18. E. 3. 2. 34. Ed. 3. 1. 17. R. 2. 10. have authority to heare and determine all felonies for the words of the Commission to that purpose are Audiendum terminandum ad delinquentes castigandum puniendum 5. Also there be divers statutes which by speciall words did ordaine that the Iustices of peace should have authority at their generall quarter Sessions to inquire of heare and determine certaine felonies As the statutes 18. H. 6. 19. and 1. Ed. 4. for felonies presented before Sheriffes in their Turnes or law dayes Cromp. 5â— 6. And yet there be some felonies which the Iustices of peace cannot heare or try at all neither can they enquire thereof nor otherwise deale therewith as it seemeth as namely â— H. 6. â—2 12. Co. 11. 34. 7. Embeazelling of any record writ returne panel proces or warrant of Atturney in the Chancery Eschequer the one bench or the other or in the treasury whereby any judgement shall be reversed Every such offence is made felony in such imbezellor stealer or taker away and in their procurors Counsellors and abettors by the statute of 8. H. 6. But such offences are by the same statute appointed to be tryed by a Iury whereof the one halfe shall be of the men of the same Courts and before the Iudges of the said Courts of the one Bench or of the other 2. R. 3. fo 10. 8. Razing of any such record is also felony within the said statute of 8. H. 6. and to be tryed as aforesaid Br. Coro 174. 9. Forging of any deed or writing sealed or of any Court Roll will or acquittance Or to cause or assent to be made any such forged writing or to publish or shew forth in Evidence any such forged writing knowing the same to be forged If any person being once lawfully convicted of any of the said offences shall afterwards commit any the said offences againe 2â— El ca. 4. in Ireland every such second offence is made felony by the statute of 5. El. ca. 24. in England But by the same statute such offences are to be inquired of heard and determined by and before Iustices of Oyer and Terminer and Iustices of Assize which statute is enacted in Ireland in Anno 28. El. ca. 4. 10. And therefore whereas one R. Smith was indicted at the Sâ—ssions of the peace in the County of Oxford upon the said statute of 5. Elizab. for forging of a false deed it was adjudged by the whole Court in the K. bench Anno 30. Co. 9. 118. Elizab. that the said indictment was not well taken For although the Iustices of peace by their Commission have power of Oyer and Terminer to heare and determine felonies and trespasses
within the age of Forty yeares not living in Merchandise nor exercising any Craft nor having of his owne whereof he may live Requâ—â—ed to serve wages nor any lands about tillage whereof hee may imploy himselfe and not serving any others if he inconvenient service his estate considered be required to serve 33. H. 1. ca. 9. shall be bounden to serve him which so shall require him the wages are to be rated by the Iustices of peace according to a statute made in Ireland in 33. H. 8. ca. 9. Provided alwaies that the Lords be preferred before other in their bondmen or their land tenants so in their services to be retained So that neverthelesse the said Lords shall retaine no more then be necessarie for them and if any such man or woman being so required to serve will not the same doe and that proved by two true men before the Sheriffe or Bailiffes of our Soveraigne Lord the King or the Constable of the Towne where the same shall happen to be done he shall anone be taken by them or any of them Imprison and committed to the next goale there to remaine under strait keeping till he finde suretie Surety to serve in the forme aforesaid 23. E. 3. de servient cap. 1. 2. If any reaper mower or other workman Depart without license or servant of what estate or condition that he be retained in any mans service do depart from the said service without reasonable cause or licence before the Terme agreed he shall have paine of imprisonment and that none under the same paine presume to receive or to retaine any such in his service Anno 23. E. 3. cap. 2. Receive to service 3. That no man pay or promise to pay to any servant any more wages Wages liveries meede or salarie then was wont nor that any in other manner shall demand or receive the same upon paine Paine of doubling of that that so shall be paid promised required or received to him which thereof shall feele himselfe grieved 23. Ed. 3. ca. 3. pursuing for the same Ann. 23. Ed. 3. ca. 3. Cap. 2. Stat. de servient 4. If the Lords Lords of the Townes or Mannors presume in any point to come against this present ordinance either by them or by their servants then pursuit shall be made against them in the counties Wapentakes Tithings or such other Courts Damages for the treble paine payed or promised by them or their servants in the forme aforesaid and if any hath covenanted with any to serve for more wages Covenant he shall not be bound by reason of the same covenant to pay more then at another time was wont to be paid to such person nor upon the said paine shall presume any more to pay An. 23. Ed. 3. ca. 4. But now the wages must be such as shall be rated by the Iustices of peace according to the said statute of 33. H. 8. ca. 9. 33. H. 8. ca. 9. in Ireland 5. That Sadlers Skinners Whitetawers Cordwaynees Taylors Artificers Smiths Carpenters Masons Tylers Shipwrights Carters and all other Artificers and workemen shall not take for their labour and workemanship Workemanship above the same that was wont to be such paid to such persons and if any man take more he shall be committed to the next gaole in manner as is aforesaid Ann. 23. Ed. 3. cap. 5. 33. H. 8. ca. 9. in Ireland But this statute also as to the wages only is altered by the said statute of 33. H. 8. ca. 9. 6. Anno 23. Ed. 3. de servi ca. 7. It was enacted that all the forfeitures given by this statute de servientibus against Labourers should be levyed of every of them 23. Ed. 3. ca. 7. and should be imployed to the payment of the tenth and fifteene then granted and after to the Kings use to be levied by certaine appointed in the statute neverthelesse he that will may sue for these forfeitures to have them to his owne use Threshers 7. That none take for the threshing of a quarter of wheate or rye over two pence halfe penny and the quarter of Barley Beanes Pease and Oates one peny halfe peny if so much were wont to be given and in the Countrey where it is used to reape by certaine sheaves and to thresh by certaine bushels they shall take no more nor in other manner then was wont and that the same servant be sworne two times in the yeare before Lords Oath Stewards Bailiffes Constables Stewards Bailiffes and Constables of every Towne to hold and doe these ordinances and that none of them goe out of the Towne where he dwelleth in the winter to serve in the Summer if he may have service in the same Towne taking as before is said Refuse Stocks Imprison Stocks and that those which refuse to make such Oath or to performe that that they be sworne to or have taken upon them shall be put in the Stocks by the said Lords Stewards Bailiffes and Constables of the Townes by three dayes or more or sent to the next gaole thereto remaine till they will justifie themselves and that Stocks be made in every Towne by such occasion Anno 25. Ed. 3. de servien cap. 2. But the wages in this also are to be regulated by the said statute of 33. H. 8. Artificers 8. That Carpenters Masons and Tylers and other workemen of houses 33. H. 8. ca. 9. in Ireland shall not take by the day for their worke but in manner as they were wont Anno 25. E. 3. cap. 3. but wages in this case also is to be regulated by the said statute of 33. H. 8. ca. 9. Plaisterers c. Wages 9. Plaisterers and other workers of Mudwals and their knaves by the same manner without meate or drinke S. from Easter to Saint Michael and from that time lesse 33. H. 8. ca. 9. in Ireland according to the rate and discretion of the Iustices which shall be thereto assigned Ann. 25. E. 3. cap. 3. 33. H. 8. ca. 9. in Ireland 10. Goldsmiths Sadlers Horsesmiths Spurriers Tanners Curriers Artificers Tawers of Leather Taylors and all other workemen Artificers and labourers and all other servants here not specifyed shall be sworne before the Iustices Oath to doe and use their crafts and offices in the manner as they were wont to doe without refusing the same because of this ordinance And if any of the said servants Labourers workemen or Artificers after such oath made come against this ordinance he shall be punished by Fine and ransome Iustice and imprisonment after the discretion of the Iustices Imprison Anno 25. Ed. 3. cap. 4. the wages also in this case are to be regulated by the said statute of 33. H. 8. ca. 9. by the Iustices of peace in the Quarter Sessions next after Easter and Michaelmas halfe yearely Stewards Constables Oath Inquitie
as shall be living and within this Realme at the time of arraignement of such person so indicted shall be brought forth face to face before the party so arraigned and there shall testifie and declare what they can say against the party so arraigned if he require the same provided that if any person or persons shall hereafter happen to give any reliefe aide or comfort or in any wise be aiding helping or comforting to the person or persons of any that shall happen to be an offendor in any matter of case of praemunire or Treason revived or made by this Act that then such reliefe aide or comfort given shall not be judged or taken to be any offence unlesse there be two sufficient witnesses at the least that can and will openly testifie and declare that the person or persons that so gave such reliefe aide or comfort had notice and knowledge of such offence committed and done by the said offendor at the time of such reliefe aide or comfort so to be given or ministred 17. And now I have set forth the statutes of praemunire I will here also set forth some few booke cases and resolutions for the better explanation of those concurrent statutes 18. In 44. E. 3. a praemunire was brought against diverse 44. E. 3. fo 7. Br. praemunire 4. 8. H. 4. fo 6. Br. praemunire 6. some as principals and some as accessaries the principals made default and the accessaries appeared and demanded judgement if they should be put to answer before the principals were attainted and it was adjudged that they should answer for in a Praemunire all are principals and there be no Accessaries 19. If a man lease his vicarige for yeares or life paying rent 44. E. 3. fo 36. Br. praemunirc 5. and sue in the Ecclesiasticall Court for the recovery of this rent he is in case of a Praemunire for the rent reserved is a lay thing and not Ecclesiasticall 20. 9. E. 4. fo 3. Br. praemunire 9. In a Praemunire in the Kings Bench the opinion was that if a Clarke sue another man in curia Romana for a thing spirituall where he may have remedie within this Realme in the Court of the Ordinary that he is in case of a Praemunire quia trahit in placitum extra regnum 21. 5. E. 4. fo f. Note that the words of the statute are in curia Romana vel alibi which is intended in Curia Episcopi and therefore if a man be excommunicate or prosecuted in the spirituall Court for a thing which appertaines to the common Law hee that prosecuteth such suiâ— is in case of a Praemunire 22. A prohibition lieth often where a Praemunire lyeth not Br. praemunire 16. as of Tâ—thâ—s of great Trees or for Tithes of the seventh part a prohiâ—â—â—ion lieth and not a Praemunire for the nature of the action belongeth to the spirituall Court but not the cause in this forme but where it is of a lay thing or of a thing which never appertained to the spirituall Court of that a Praemunire lieth as of debt against Executors upon a simple contract or pro lesione fidei upon a promise to pay Ten pounds by such a day Doct. Student lib. 2. ca. 24. 2. R. 3. fo 17. Br. praemunire 19. 23. If Executors sue for the goods of their Testator in the spirituall Court they are in case of a Praemunire for in 34. H. 8. Richard Farmer was attainted in a Praemunire and forfeited his Fee simple land for ever for suing for the goods of his Testator in the spirituall Court 24. There be some opinions in 8. ass that a benefice donative by the patron onely is a lay thing 8. Ass pl 29. and the Bishop shall not visit nor deprive and therefore if he medle with it in that kinde he is in the case of a Praemunire and in that case was Barloe Bishop of Bath in the time of King Edward the sixth and was constrained to obtaine a pardon because he had deprived the Deane of Wels which was a Donative by the Kings letters pattents 25. I have beene more large in this Title because many men of great quality and good understanding in Ireland are very confident that the papall Iurisdiction never received any check or opposition in England or Ireland before the time of King Henry the Eight and therefore to make it to appeare to all men that will but open their Eyes to see the truth I have set downe the said ancient statutes and booke cases whereby it plainly appeareth that in the very height of poperie when prince and people Laitie and Clergy were of the popes religion yet in all ages of those very times the papall Iurisdiction was mainely opposed and utterly rejected and great and grievous penalties videlicet losse of lands and goods and perpetuall imprisonment was inflicted upon all such as should uphold or any wise maintaine that papall Iurisdiction within these Kingdomes of England and Ireland Purveyors CHAP. 49. 1. FOr the reformation of abuses oppressions committed by Purveyors diverse good Lawes and statutes have beene made in England which are of force in Ireland and because that the Iustices of peace are enabled to put many of those statutes in execution in part or in the whole I shall here expresse the effect of so many of them as I conceive the Iu. of P. have to doe withall which are these following 28. E. 1. articuli super cart c. 2. Without warrant vide the statute of 28. Ed. 1. articul super cart cap. 2. It is enacted amongst other things that if any make takings without warrant and carry them away against the will of the owner he shall be immediately arrested by the Towne where the taking was made and shall be sent to the next gaole and if he be attainted thereupon it shall be done of him as of a Theife Felony if the quantitie of the goods will warrant it 2. Also it is enacted in anno 5. E. 3. ca. 2. 5. E 3. ca. 2. that the takings and purveyances for the houses of the King the Queene and their children be made by praisements to bee made by the Constables Constable and other discreet men of the Townes where there shall be such takings and purveyances thereto sworne and without menace Oath as in the statutes of 28. E. 1. aforesaid and 4. E. 3. ca. 3. is contained and that betwixt the purveyors and them whose goods shall be taken there be in the presence of the Constables and praisers Talles Talles made and sealed with the purveyors seales by which talles satisfaction shall bee made to them from whom such goods shall be taken and if any taker or purveyor for the said houses doe take in any other maner he shall be incontinently arrested Arrest by the Towne where such taking was made and brought to the next gaole Impris Felony and if he be thereof attainted it shall be done
so this certificate is only of the nature of a declaration or indictment at the common law and therefoâ—e it ought to comprehend the certainty of the time place persons and other materiall circumstances Dalton p. 107. 78. If this certificate be not made within one moneth after the enquirie then it is not according to the statute and so not good to force the offendors to answere Ibid. 79. If two Iustices of peace and the Sheriffe shall goe to see a Riot yet any two other Iustices of the County may make the enquiry and then they altogether or the first two or the last two with the Sheriffe or undershâ—riffe may make certificate thereof within the moneth after that inquisition taken Cromp. 63. 80. Where there be severall certificates made or that the certificate and enquiry doe disagree then that shall be proferred which is best for the King 81. If there shall be twenty parties to a Riot and the Iury shall finde but ten of them guilty Dalton 107. yet the Iustices may certifie that twenty committed the Riot and this certificate of the Iustices shall stand good Dalton 107. 82. Also it seemeth if any thing materiall happen to be omitted or left out in the inquisition yet it may be supplied by this certificate and it shall stand good 83. If after the inquiry and before the certificate the Sheriffe shall dye Ibid. or one of the Iustices be put out of the Commission no certificate can be made by the opinion of Master Marrow 84. For the forme of such certificate see the Title of warrants and presidents 2. H 5. 8. P. 6. 85. Upon the default of the two next Iustices and Sheriffe or undersheriffe for not excuting the said statute of 13. H. 4. ca. 7. the party grieved may have a Commission Commission to inquire aswell of the Riot as of the defaults of the said Iustices and Sheriffe 2. H 5. â— P. 6. 86. Also the Lord Chancellor of Ireland if he shall have notice of such a Riot shall send the Kings writ to the Iustices and Sheriffe commanding them to execute the said statute of 13. H. 4. 87. And although that such writ come not to the said Iustices Sheriffe or undersheriffe yet they shall not be excused of the penalty of 100.l aforesaid if they make not execution of the said statute 2. H. 5 ca. 9. 88. Also if any assemblies of people in great number in manner of insurrection 8. H. 6. ca. 14. or other rebellious Riots shall be done or committed Rast 374. and that such offâ—ndors shall withdraw themselves to the intent to avoide the execution of the Law thereupon certificate by two Iustices of peace Dalton p. 108. and the Sheriffe of that County by letters under their seales to the Lord Chancellor of England of the same Riot and that the common voice and fame thereof runneth in the said County the Lord Chancellor may make a Capias to the said Sheriffe for the apprehending of such offendors and after if need be a writ of Proclamation that the said offendors yeild themselves in the Kings Bench at a certaine day upon paine to be convicted thereof 89. The statute of 13. H. 4. 13. H. 4. ca. 7. authorising and enjoyning the Iustices of peace together with the Sheriffe to arrest remove and punish the offendors as is before declared gave no remedie to the partie grieved if the Iustices of peace or Sheriffe should make default therein and therefore the said statute of 2. H. 5. was made authorising the Lord Chancellor at the instance of the partie grieved to grant a Commission to inquire of the defaults of the two next Iustices of peace and Sheriffe in not executing the aforesaid statute of 13. H. 4. and withall providing how the charges of the Iust spent about the suppressing and inquirie of such Riots should be borne and also limitting what punishment aswell the offendors of such riots as also all such as should not be ready to assist and aide the said Iustices to represse such Riotters should suffer 90. So as now it appeareth by that which hath been said that the Iustices of peace are to be severely punished if they shall be remisse or negligent in the due execution of the said statute of 13. H. 4. and therefore it will be requisite in this place to set forth for the instruction of the Iustices of peace these particulars following videlicet 1. First what shall be said to be a Riot Rout or unlawfull assembly and what not 2. What persons may commit a Riot Rout or unlawfull assembly What shall be said to be a Riot Rout or unlawfull assembly within the meaning of these statutes CHAP. 51. 1. VVHen three persons or more shall come or assemble themselves together Br. Riot 5. Cromp. 68. P.R. 25. to the intent to doe any unlawfull Act with force or violence against the person of another his possessions or goods as to kill beate or otherwise to hurt or to imprison a man to pull downe a house wall pale hedge or ditch wrongfully to enter upon another mans possession or to cut or take away Corne grasse Br. Riots 4. Vnlawfull Assembly wood or other goods wrongfully to hunt unlawfully in any parke or warren or to doe any other unlawfull act with force or violence against the peace or to the manifest terror of the people if they only meet to such a purpose or intent although they shall after depart of their owne accord Rout. without doing any thing yet this is an unlawfull assembly 2. If after their first meeting they shall ride goe Dalton 20â— or move forward toward the execution of any such Act whether they put their intended purpose in execution or not this is a Rout. 3. And if they doe execute any such thing indeed then it is a riot Riot and yet by the opinion of some a Rout is only where such a company of three or more are so assembled for their owne common quarrell Ibid. as where the Inhabitants of a Towne doe assemble together to pull downe a house wall pale ditch or other inclosure pretending to have title of common or a way there or to beat a man that hath done them some publick offence but yet the word Rout seemeth to have a more large and ample meaning as appeareth by the statute of 18. Ed. 3. st 1. speaking of Routs that are brought in the presence of the Iustices and the statute of 7. R. 2. ca. 6. treating of riding in great Routs 4. Now in Riots Routs or unlawfull assemblies these foure circumstances are to be considered 1. First the number of the persons assembled 2. Secondly the intent or purpose of their meeting 3. Thirdly the lawfulnesse or unlawfulnesse of the Act. 4. Fourthly the manner and circumstances of the Act. 5. For the number The number there must be necessarily three persons at the least so
common lawes of this realme wherein no essoyne protection nor wage of Law to be admitted or allowed and that all the Maiors Bailiffes Soveraignes Portriffes and other head officers of every City Borough or market Towne within every the Shires above said shall cause twice in the yeare or oftner as they shall thinke necessary all measures within the said Cities Boroughes or market Townes to be brought afore them and to be duely viewed and examined and such as they shall upon examination finde defective immediately to be broken and burnt and the party or parties which in that behalfe hath offended and be found defective shall forfeite six shillings eight pence the forfeiture thereof to be unto the said Maior Bailiffe Soveraigne Portriffe or other having Iurisdiction or correction in that behalfe and at the second time the said offendors to forfeite thirteene shillings foure pence and at the third time likewise to forfeite twenty shillings the same forfeitures to be to the head officers as afore is said and for further punishment to be set upon the pillory to the example of others and that the Iustices of peace in every Shire of this Realme of Ireland have full power and authority to enquire heare and determine the said defaults and that the said Iustices of peace above said have authority to make like processe against all persons found as is above said defective and for such fynes and amerciaments as upon them shall be assessed as if they were endicted afore them for breaking of the Queenes peace provided alwayes that the examination of the defaults abovesaid and punishments of the offendours of every offence committed hereafter within any City or Towne corporate of this Realme that have by grant or Charter the office of Clerke of the Market or of Iustices of peace and their authorities or that have by grant or Charter fines amerciaments or forfeitures growing within their City or towne shall be had done and ministred by the head officers Clerke of the market or Iustices of peace within the same Cities or Townes incorporate for the time being and by none other the premisses notwithstanding and the same Maiors Bailiffes Soveraignes Portriffes or other head officers and their successors shall take perceive and retaine all and singular the fynes amerciaments forfeitures and penalties to grow by any offence to bee committed against any branch or article of this Act within their severall Iurisdictions and authorities in like manner as they should mought or ought to have any forfeitures fynes amerciaments and penalties within the severall Iurisdictions and authorities by reason of any grant or Charter made to them before the making of this Act any thing therein contained or any Law prescription custome or usage to the contrary hereof in any wise notwithstanding And forasmuch as great inconveniences and intollerable damage have and doth ensue by the occasion of diversity of measures within the Shires above mentioned thereby amongst other hatefull evils men are moved to buy in one market and sell the same graine in another to the great subvertion of good orders in markets it was enacted and established that the several Standerds to be made by her Majestie for the severall Shires Cities and Townes before named shall keepe and hold the quantities hereafter following that is to say the bushell for the Wheat Rye Maslen Beanes and Peese shall containe 16. Ale gallons and the bushell for the Mault Oates and Barley shall containe 20. Ale gallons and that the same Standerds and measures shall be kept and remaine in the Townes and places hereafter appointed in this Act as her Majesties Standerds for ever and that every bushell of Wheat Corne shall be received stricked without heape and the bushell of Mault Corne shall be layed and pressed downe just with the brim of the bushell after the accustomed manner of measuring Mault and not in other manner upon forfeiture of the Corne received contrary to the tenor hereof or of the just value and price thereof The Names of the Townes limitted for the Custodie of Measures according to the Queenes Standard appointed by the said Act for the Shires in the same Act mentioned 1. County of the Citty of Dublin and the County of Dublin 1. The Citty of Dublin 2. The County of the Towne of Drogheda 2. The Towne of Drogheda 3. The County of Catherlagh 3. The Towne of Catherlagh 4. The County of Lowth 4. The Towne of Dundalke 5. The Kings County 5. The Towne of Phillipstowne 6. The County of Meath 6. The Towne of Tryme 7. The County of Kildare 7. The Towne of Kildare 8. The County of Wexford 8. The Towne of Wexford 9. The County of Westmeath 9. The Towne of Molingare 10. The Queenes County 10. The Towne of Maryborough These two last statutes I have rehearsed at large because upon them two the authority of the Iustice of peace out of the Sessions chiefely dependeth Warrants and Presidents CHAP. 72. 1. VVArrants and presidents which concerne the exercise of the office of a Iustice of peace out of the generall Sessions are of severall sorts viz. they concerne either Treasons Felonies Misprisions Praemunires forcible Entries forceible detainers Riots Routs and unlawfull assemblies security of the peace and good behaviour or other misdemeanors or offences of severall sorts 2. As concerning Treasons and felonies upon information made of any Treason or felon commited any one Iustice of peace may direct his warrant to the Sheriffe or to the high Constables or petty Constables or to all or any of them to make search for the traitours or felons and also for the stolne goods A warrant to apprehend a Traitour may be thus 2. Comitat. Dublin A.B. Esquire one of his Majesties Iustices of peace within the County of D. To the high Sheriffe of the said County to all high Constables petty Constables and other his Majesties officers greeting c. Whereas E. F. and G. H. are vehemently suspected to have committed Treason whereof I have received Information These are therefore in his Majesties name streightly to charge and command you and every of you upon sight hereof without any delay within your severall Bailiwickes Hundreds Baronies and Constablewicks to make diligent search for the bodies of the said E. F. and G.H. and them or either of them so found to attach and arrest and immediately upon such arrest to bring before me at my house at Dale in the said County whereof you may not saile at your perill sealed with my seale and dated the first day of Ianuary in the xiij yeare of the Raigne of our soveraigne Lord King Charles of England Scotland France and Ireland defendor of the faith c. 3. The like warrant may be made for the apprehension of felons mutatis mutandis A warrant to search for stolne goods may be thus Comitat. Dublin 4. A.B. Esquire one of his Majesties Iustices of peace within the County of Dublin To the Sheriffe of the said County and to
these and such other cases where they cannot of themselves proceed they ought to send the Records to such as have authority to determine upon them and otherwise they doe not discharge that duty which the words Salvis c. alijs ad nos indespectantibus in the Commission doe seeme to expect at their hands 6. Touching the Certiorari it is of force if it be made accordingly to remove not only Endictments or other executory Records wherein the Iustices of peace can goe no further and whereof I have spoken already but also the Records of causes fully and lawfully heard and determined by them to the end that they may be reversed and annulled in the Kings Bench if good matter and cause doe require it 7. For that preheminence hath the Kings Bench and all other the higher Courts to write to the Iustices of peace to certifie their Records that doe make for the tryall of causes hanging in them as you may read in 19. H. 6. 19. where the Iustices of the common place did send to the Iustices of peace for an Endictment because in a writ of conspiracy brought before them it was materiall to have it 8. And yet they of the common place doe not use to write for Endictments or such other Records unlesse they be thereunto induced by cause hanging in their owne Courts before them For otherwise the right way to remove them is by Certiorari out of the Chancery from whence they may be transferred by Mirtimus to any other Court 41. li. Ass pl. 2. per Knyvet chiefe Iustice Matters by severall Statutes specially appointed to be done and executed in the Quarter Sessions CHAP. 20. 1. VVEe have hitherto laboured and run over such things as are common to all generall Sessions of the peace and yet because there be certaine matters that are by severall statutes specially appropriated some to any and others to some one of the quarter Sessions it will not be amisse to set forth what Sessions is and ought to be called a quarter-Sessions 2. Every quarter Sessions is a generall Sessions of the peace and is styled generalis sessio pacis but other Sessions which are held upon speciall occasions although all the articles inquirable in the Sessions of the peace be given in charge are not quarter-Sessions nor to be styled generalis sessio pacis but only Sessio pacis c. 3. This quarter-Sessions is so called because it is holden quarterly viz. foure times in the yeare and the stat of 4. H. 7. cap. 12. calleth these foure quarter-Sessions principall Sessions for that in them chiefely the whole power and authority of the Iustices of peace doth shine and shew it selfe more then in other Sessions 4. These quarter-Sessions have beene appointed by severall statutes to be holden quarterly and at speciall times and therefore it will not be amisse for our better instruction to peruse such statutes as doe either in deed or in shew concerne this point 5. The stat of 25. Ed. 3. cap. 8. ordaineth That the Iustices of peace make their Sessions in all the Counties of England at the least foure times in the yeare viz. at the Feasts of the Annunciation of our Lady Saint Margaret S. Michael and S. Nicholas and also at all times that shall be needfull according to the discretion of the same Iustices 6. But this ordinance was altered as to the times by the Stat. of 36. Ed. 3. cap. 12. which ordaineth that in the Commission of the peace shall be contained that the Iustices of peace shall hold their Sessions foure times in the yeare viz. one within the Vtas of the Epiphanie the second within the second weeke of Lent the third betweene the Feasts of Pentecost and Saint Iohn Baptist and the fourth within eight dayes next after Michaelmas 7. But this is againe altered as to the times by the stat of 12. R. 2. cap. 10. which hath ordained that the Iustices of peace should hold their Sessions once in every Quarter of the yeare at the least without expressing any certaine time and hereupon as I conceive it gained the name of the Quarter-Sessions and ever sithence hath been so called For before this statute although foure Sessions were to be held yearely yet the same were not quarterly 8. But after this in Anno secundo H. 5. cap. 4. there was another stat made whereby it is ordained that the Iustices of the peace in every Shire named of the Quorum be resiant within the same Shire except Lords named in the Commission of the peace and also except the Iustices of the one Bench and of the other the chiefe Baron of the Exchequer Serjeants at Law and the Kings Attourney for the time that the same Iustices Chiefe Baron Serjeants at the Law and the Kings Attourney be attending and occupied in the Kings Courts or otherwise in some other place occupied in the Kings service and also make their Sessions foure times by the yeare that is to say in the first weeke after the Feast of S. Michael the first weeke after the Epiphanie the first weeke after Easter weeke and in the first weeke after the Translation of Saint Thomas the Martyr which is the third of Iuly and more often if need be 9. Now there are divers offences which by severall statutes are inquirable and some other things are to be done by the Iustices of peace for the well ordering of the Common-wealth only at the Quarter-Sessions because the Statutes themselves doe appoint the Quarter Sessions for the enquiring and doing of the same 10. The Statutes which doe appropriate divers matters to the Quarter Sessions or to some one of them are these that follow viz. 11. By the Stat. of 1. H. 7. cap. 7. unlawfull hunting in forrests parks and warrens with painted faces vizzards or otherwise disguised is to bee punished by Fyne to bee assessed at the next generall Sessions of the peace which is to be intended of the quarter Sessions which were publiquely knowne and not of any Sessions held upon speciall occasion 12. So likewise by the Stat. of 11. Iac. cap. 7. in Ireland the defaults for not amending of high-wayes according to that stat are to be punished at the next Quarter-Sessions 13. So likewise perjurie and subornation of perjurie are by the stat of 28. Eliz. cap. 1. in Ireland to bee punished in the Quarter-Sessions 14. Also by the statute of 11. Caroli cap. 4. in Ireland the Iustices of peace or the more part of them may at any Quarter-Sessions give order for the erection of houses of Correction and for stockes of money and all other things necessary for the same and for the governement thereof and such houses of Correction are to be purchased conveyed or assured upon trust to such persons as by the Iustices of peace or the more part of them in their Quarter Sessions of the peace shall bee thought fit and such Iustices may at their Quarter Sessions of the peace next after
subjiciend c. ei inde directi ad barr hic ducti in proprijs personis suis qui committuntur Marriscallo Et statim de proditionibus praedict eis superius imposit seperatim alloquuti qualiter se velint inde acquietar praedict D.B. I.P. seperatim dicunt quod ipsi non possunt dedicere quin ipsi de proditionibus in Indict praed specificatis sunt culpabiles modo forma prout per Indict praed superius versus eos supponitur proditiones praed expreâ—â— cognover posuer seipsos in misericordiam dominae reginae Et praedict H.S. dicit quod ipse in nullo inde est culpabilis inde de bono malo ponit se super patriam Iâ—câ— inter Dom. reginam praefat H.S. ven inde jurat coram Dom. reg in Octab. sancti Hillarij ubicunque c. qui c. ad recog c. quia c. idem dies dat est praefato H.S. sub custod Marr. interim commiss salvo custodiend periculo incumbente c. statim quaesitum est de praed D.B. 〈◊〉 si quid pro se habeant vel dicere sciunt quare Curia hic ad judicium executionem de eis super cogn suam praed procedere non debeat qui nihil ulterius dicunt praeterquam ut prius dixer super quo Servientes Dom. reginae ad legem ac ipsius reginae Atturn juxta debitam legis formam petier versus praefat D.B. I.P. super cogn suas proprias in hac parte fact judicium executionem superinde pro dict Dom. regina habend c. Iudgement for a man to be drawne and hanged and for a woman to be burned Super quo vis per Curiam hic intellectis omnibus singulis praemissis Consider est quod praed D. B. I. P. ducantur per praefat Marr. usque prisonam Maresc dom Reginae et abinde per medium Burgi de Sowthwarke directè usque ad furcas de St Thomas Watering trahantur super furcas illas ibidem suspendantur quousque mortui fuerint c. 15. An Indictment of Treason for counterfeiting the Privie Seale IVratores pro Domina reg super sacrament suum praefentant quod N. B. nuper de paroch sancti Clementis Dacor extra Barr. novi templi Lond. in Com. Midd. yeoman simul cum R.B. de eadem gen alijs vicesimo quarto die Decembris Anno Regni Dom. Eliz. nunc reginae Angliae vicesimo tertio timorem Dei prae oculis suis non habens nec debitum ligeantiae suae ponderans sed instigatione diabolica motus et seduct machinans atque subtilissimè studens quibus arte dolo fraude praedictus R. B. potuerat habere obtinere de praefat Dom. regina licentiam libertatem ad colligend recipiend habend a quibuscunque subditis dictae Dom. reginae ei dare volentibus in sua Com. Surr. Civirate Londini Suburbijs ejusdem Civitat eleemosynas alia dona charitativa quaecunque machinansque ea de causa signum manuale sigillum privat vocat the privie Seale dict Dom. reginae subdole falsò proditoriè fabricare contrafacere quandam billam in pargameno nomine ejusdem Dom. reginae apud parochiam sancti Clementis praed in Com. Middlesex praed praedict vicesimo quarto die Decembris Anno Regni dict Dom. reginae nunc vicesimo tertio supradict scribifecit cujus quidem billae tenor sequitur in haec verba Elizabeth by the Grace of God Queene of England France and Ireland Defender of the Faith c. To all and singular Archbishops Bishops Atchdeacons and other officiall persons Vicars Curates and all other spirituall persons and also to all Iustices of Peace Mayors Sheriffes Bailiffes Constables Church-wardens and to all other our officers Ministers and subiects whatsoeuer they be aswell within liberties as without to whom these presents shall come greeting Whereas we are certified by a writing under the hands and seales of H. C. and B. O. Iustices of Peace in the County of Bedford of the great decay and mis-hap of this bearer K. B. of the parish of W. who by sudden mis-hap of Fire had his house burned and his goods consumed to the summe of fourescore pounds and upwards which goods were not all his owne because that he occupied the Trade of a Mercer so that without the devotion of well disposed people he is utterly undone with his wife and children to the number of foure Know ye therefore that We have licensed and doe by these presents license the said K. B to aske gather receive and take the Almes Charity and devotion of all our loving subiects inhabiting and dwelling within the County of Surry our Citty of London with the Suburbes thereof aswell within the Liberties as without and not elsewhere Wherefore we will and command you and every of you that at such times as the said K. B. shall come and repaire to any your Churches and other places to aske and gather the Charity and Devotion of our loving Subiects as is aforesaid quietly to permit and suffer him so to doe without any manner your lets or contradictions and you the said spirituall persons to declare the tenor of these presents unto our said Subiects exhorting them to extend their Charities in this behalfe and that you the said Constables and Church-wardens will be ayding and assisting for the collection and gathering of the Almes aforesaid In witnesse whereof we have caused these our letters to be made Given at our Mannor of K. the third day of November in the two and twentieth yeare of our Raigne Et ulterius Iur. dicunt super sacramentum suum quod praefat N. B. simul cum caeteris praed vicesimo quarto die Decembris Anno vicesimo tertio supradict apud parochiam sancti Clementis praed in Com. Midd. praed signum manuale sive signaturam in literis quoddam sigillum ad similitud porportion privati Sigilli vocat the privie Seale dict Dom. Reginae super billam praedict fixum appositum falsò fraudulenter proditoriè fabricavit Iudgement for a man to be drawn and hanged and for a woman to be burned contrafecit posuit Et sic praedict N.B. die anno loco supradict falso proditoriè fabricavit contra fecit Sigillum privat vocat the privie Seale dict Dom. reginae contra legiantiae suae debitum ac contra formam statut in hujusmodi casu edit et provis necnon contra pacem dicti Dom. reginae nunc coronam dignitat suas 16. For counterfeiting of a Protection and putting to it the great Sâ—alâ— taken from â—â—her old letters Patents IUrat c. praesentant quod R. D. nuper de H. in Com. H. husbandman A.B. de H. praedict yeoman machinantâ—s quomodo populum domini regis tunc subâ—â—issime possent dicipere vel defraudare Dominum regem de his quae ad ipsum
of peace or Sheriffe may take Posse comitatus Sect. 1. 2. It may be taken to suppresse Riots S. 2 3. 3. It may be taken in cases of Forceible Entrie and detayner to remove the force S. 4. Ca. 47. what persons may take Posse comitatus and in what cases 4. If need be it may be taken to execute the Kings Processe or writ S. â— 6. 5. It may be taken to execute a Supplicavit S. 7 8. 6. The Sheriffe may take it to apprehend Felons or disturbers of the peace or to execute the warrant of a Iustice of peace S. 9 10. 7. The Constable may take it to apprehend felons and traitours or suppresse an affray or to arrest one that hath wounded another dangerously S. 11 12. 20. Praemunire ca. 48. 1. A Iustice of peace may cause parties suspected of a Praemunire to be arrested S. 1. 2. What offences will amount to a Praemunire S. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. 3. In a Praemunire all the principals S. 18. 4. Prosecuting a suite in the spirituall Court for a thing which belongeth to the temporall Court is a Praemunire S. 19 20 21 22 23 24. 21. Purveyus ca. 49. 1. How the Kings Purveyors ought to make provision and the punishment if they doe otherwise S. 1 2 3 4 5 6 7 8 9 12. 2. How the Purveyors of other lands ought to make provision and the punishment if they doe otherwise S. 7 10 11 14. 3. Iustices of peace have power to punish Purveyors S. 12. 22. Riots Routs and unlawfull assemblies containe 3. Chapters viz. 50 51 52. 1. What one Iustice of peace may doe concerning the preventing or punishing of a Riot S. 1 2 3 4 5 6 7 8. 2. What the two next Iustices of peace and the Sheriffe ought to doe for the punishment of Riots S. 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45. 3. What any other two Iustices of Peace may doe for the punishing of a Riot S. 11. 4. The punishment of the Iustices of peace if they record a riot where there was none committed S. 46. 5. The record of a Riot ought to be formall and certaine and where it ought not S. 47 48 49. 6. What Iustices shall commit the Riotters and assesse the synes and how they ought to proceede therein S. 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73. 7. If the Iustices of peace for Riots impose but small fynes the Riotters may bee againe fyned in the Castle-chamber S. 74 75. 8. If the Riot cannot be found by reason of embracery the Iustices are to make certificate thereof c. S. 76 77. 9. When and in what manner the certificate is to be made S. 78 79 80 81 82 83 84. 10. In what case a Commission shall issue to enquire aswell of the Riot as of the default of the Iustices S. 85 86 87 88 89. Ca. 51. what shall bee adjudged a Riot Rout or unlawfull Assembly 1. The description of a Riot c. S. 1 2 3 4. 2. What assembly shall bee said to be an unlawfull assembly S. 5 6 7 8 9 10 11 12 13 14 15 16. 3. What assembly and the hurts done by them shall amount to a Riot and what not S. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31. 4. Where the manner of doing a lawfull Act shall make it punishable as a Ryot S. 31 32 33. Ca. 52. what persons may commit a Riot 1. Where women and children may commit a Riot S. 1 2. 2. In what a Fyne imposed upon a Feme Covert shall be levied upon the goods of the Husband S. 3. 3. In what manner a Riot committed by a Mayor and commonalty shall be punished S. 4. 23. Recognisance ca. 53. 1. What a Recognisance is S. 1 12. 2. Who may take a Recognisance S. 2 3 4 5 6 7 8 11 13. 3. Where two Iustices are to joyne in taking a Recognisance S. 9 10. 4. How Recognisances taken by Iustices of peace to be certified Sect. 14. 24. Robbery ca. 54. 1. In what cases the party robbed shall have satisfaction from the Barony where the robbery was committed S. 1 2 9 10 11. 2. The power of the Iustices of peace for taxing the monies recovered against the Barony upon the severall inhabitants Sect. 2. 3. The power of the Iustices of peace in taxing a contribution upon every Barony where default was made of Huy and Cry 4. With what robbery the Barony shall be chargeable and with what not S. 4 5 6 7 8. 5. Where the Lord of the Towne shall be answerable for Robberies S. 12. 25. Rogues vagabonds Beggars ca. 55. 1. The punishment of such as give Almes to sturdy beggars Sect. 1. 2. The punishment of wandring Rogues S. 2 3 4 5. 3. The punishment of Rogues able to labour S. 4. 4. The provision for the poore impotent Beggers and how they shall be ordered S. 6. 7. 5. In what cases prisoners acquitted may begge for their Fees Sect. 8. 6. Provision for houses of correction for the punishment of Rogues and Idlers S. 8. 26. Surety of the peace conteyneth 6. Chapters beginning with the 56 and ending with the 61 Chapter 1. The definition of the suretie of the peace S. 1. 2. Who may take securitie of the peace S. 2 3 4. 3. For what causes a Iustice of peace may bind one to the peace S. 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 23 24 25 26 52. 4. What the Constable may doe for the preservation of the peace S. 12 13 14. 5. Who may crave the surety of the peace and against whom and for what cause S. 26 27 28 29 30 31 32 33 34 35 36 37 38 45 46 47 48 49 50 51 53 54 55 57 58 60 61 62 63 64 65 66 67 68 69 70 71 72 73. 6. Where and how surety of the peace may be granted against Noble-men or noble women S. 39 40 41 42 43. 7. Where nobility is acquired by marriage it may be lost by a second marriage S. 43 44. 8. What Recognisance for the peace shall be good and what not S. 55. 56. 59. Ca. 57. How the surety of the peace maybe commanded the same shall be executed 1. Where the Iustice of peace may command the surety of the peace by word and where it must be by writing Sect. 1. 2 3 4 5. 2. How the warrant in writing is to bee made and to whom it must be directed 8. 5 6 7. 3. How the Constable or other officer ought to execute the warrant of the peace S. 7 8 9 10 11. 4. What the Iustice of peace is to doe when the party is brought before him S. 9. 10. 5. In what cases the Iustice of peace
Deut. ibid. Ye shall have no respect of persons in judgement 3. Hatred or malice against the partie or some of his See Levit 19.18 4. Covetousnesse when they receive or expect gift or reward for as the wise man saith Rewards and gifts doe blinde the eyes of the wise Eccles 10.28 and make them dumbe that they cannot reprove faults 5. Perturbation of mind as anger or such like passion Iames 1.20 The wrath of man doth not accomplish the Righteousnesse of God 6. Ignorance or want of true understanding what is to bee done Ignorantia mater erroris 7. Presumption when without law or other sufficient rule or warrant they presuming of their owne wits proceede according to their owne wils and affections There is more hope of a foole then of him that is wise in his owne conceit Prov. 26.12 8. Delay which in effect is a denying of Iustice Negligentia semper habet Comitem infortunium mora trahit periculum 9. Precipitation or too much rashnesse when they proceede hastily without due examination and consideration of the fact and of all materiall circumstances or without hearing both parties for as another saith qui aliquid statuerit parte inaudita altera aquum licet staâ—uerit haud aquus est hee that shall judge or determine of a matter the one party being unheard although he shall give just judgement yet is he not a just Iudge His Ma. speech in the Sâ—archamber Anno. 1616. 6. All these his late Majestie King Iames hath shortly yet fully observed in his charge lately given to the Iudges of England sc charging them That they doe Iustice uprightly and indifferently without delay partiality feare or bribery with stout and upright hearts with cleane and uncorrupt hands and yet not to utter their owne consents but the true meaning of the law not making lawes but interpreting the Law and that according to the true sence thereof and after deliberate consultation remembring that their Office is Ius dicere and not Ius dare 7. According to this last also is the rule given in the booke of Iudges sc in all causes doubtfull first to consider of the matter Iudges 1930. to consult and then to give sentence 8. Yea God himselfe hath given us Presidents of such deliberate proceedings as you may see in Genesis chap. 3. vers 8. Gen. 3.8.9.11 c. and chap. 18. vers 21. 9. These are worthy Directions for all Iustices of peace that they may carry themselves in their places uprightly and indifferently not uttering their owne conceites nor upon the sudden to over-rule things but after deliberate consideration and consultation then to proceede to execute the authority committed to them 10. Iustices of peace are Iudges of Record Their description or definâ—tion appointed by the King to bee Iustices within certaine limits for the conservation of the peace and for the execution of divers things comprehended within their Commission and within divers statutes committed to their charge 11. Now first that the Iustices of peace are Iudges of Record 9. E. 3. 4. 14. H. 8. 16. yea that every Iustice of peace by himselfe is a Iudge of Record and upon whose sole report and testimony the law reposeth it selfe very much appeareth more plainely if you observe these things following 1. Hee is made under the great Seale which is a matter of Record 2. Every Iustice of peace hath judiciall power given unto him by the Commission sc in the first assignavimus 3. Also by some statutes they have judiciall power given them for they may make a Record of a force by them viewed and may thereupon fine and imprison the offendors yea one Iustice of peace may also heare and determine and punish an offendor in some cases as convicted upon his owne view or examination as in cases of forcible Deteyner 4. His warrant though it be beyond his authority is not disputable by the Constable or other inferior Minister but must be obeyed and executed by them But this must bee understood 14. H. 8. 18. Co. 10. 7. 6. when the Iustice of peace hath Iurisdiction of the cause for or concerning which he hath granted his warrant for otherwise the Constable or other Officer executing such warrant is punishable notwithstanding the warrant 5. Hee may take a Recognizance for the peace c. which is a matter of Record and which none can doe but a Iudge of Record See Br. Recog 8. 14. 6. His record or testimony in some cases is of as great force and in some other cases of greater force then an Indictment upon the oath of twelve men as in cases of Forcible Entry forcible Deteyner and Riots 7. Great cause therefore have the Iustices of P. to take heed that they abuse not this their credit and authoritie either to the oppressing of the subject by making untrue Records or defrauding of the King by suppressing true Records 12. Now concerning peace it is the amitie confidence and quiet that is betweene men and he that breaketh this amitie or quiet breaketh the peace 13. Yet peace in our law most commonly is taken for an abstinence from actuall and injurious force and offer of violence and so is rather a restraining of hands then an uniting of mindes And for the maintenance of this peace chiefly were the Iustices of Peace first made 14. The breach of this peace seemeth to be any injurious force or violence moved against the person of another his goods lands or other possessions whether it be by threatning words or by furious gesture or force of the bodie or any other force used in terrorem populi 15. The Office of the Iustice of Peace is principally to be exercised to the suppressing of such injurious and unlawfull force or violence and yet the Commission of the P. being pro conservatione pacis pro quieto regimine gubernatione populi I see not why the Iustices of Peace should be restrained from preventing and repressing such other offences misbehaviours and deceits as may breake the amitie quiet and good governement of the people and whereof discords and so breaches of the peace doe often arise though there appeare neither force nor violence in the offence it selfe as libellings cosinages and such other offences 16. But it is no part of their office to forbid lawfull suits albeit they shall doe well to be mediators of peace in such suites and controversies as shall arise amongst their neighbours 17. The Conservation of the peace and therein the care of the Iustice of peace consisteth in three things viz 1. In preventing the breach of the peace wisely fore-seeing and repressing the beginnings thereof by taking surety for the keeping of it or for the good behaviour of the offendors as the case shall require 2. In pacifying such as are in breaking of the peace 3. In punishing according to the law such as have broken the peace 18. But of the three the first viz. the preventing part is
most worthy to be commended to the care of the Iustices of Peace 19. Iustices of peace at this day in Ireland are of two sorts and are appointed or created by two severall meanes videlicet The one by grant made by the King by Charter under the great seale By Charter Br. Commiss 5. as Mayors and chiefe Officers in divers corporate Townes And such the King cannot discharge againe at his pleasure but they shall continue and enjoy their Iurisdiction according as their Charters doe enable them And therefore if the King grant to a Mayor or other head Officer of a City or corporate Towne and to their Successors to bee Iustices of peace in their City or Towne and after maketh out a Commission of the peace to others there yet the authoritie and Iurisdiction of the Mayor c. remaineth good for that it was granted to them and their successors and is not revocable at the Kings pleasure as a Commission of the peace is And such Iustices of peace by Charter have thereby the same power that the Conservators of the peace had by the Common law And it seemeth such power also as is given to the Iustices of peace or to any one Iustice of peace by expresse words in any statute but none of them have thereby the whole power which is ordinarily given to the Commissioners of the peace by their Commission 20. The other sort of Iustices of peace are by Commission By Commission made of common course under the great seale and these are appointed by the discretion of the Lord Chancellour but the authority of these Commissioners of the peace doth determine by divers meanes yet more usually by three meanes First by the death of the King or by his Resignation of the Crowne Secondly at the Kings pleasure and that in two sorts Either by the Kings pleasure expressed as the King in expresse words may discharge them by his writ under the great seale or by Supersedeas 5. E. 4. â—2 Br Commis 1â— 12. Ass 2â— Br. Commis 13 Br. Commiss 20. â—â— but the Supersedeas doth but suspend their authoritie which may be revived by a procedendo Or by implication as by making other Commissioners of the same kinde and within the same limits leaving out the ancient Commissioners names 10. Ed. 4. 7. 3. Mar. 1. 21. But here the ancient Commissioners must have knowledge of such new Commission for this determination of the old Commission Br. Commiss 2. groweth not immediately by the making of the new Commission but either by giving speciall notice of the new Commission unto the old Commissioners Or else by and after the reading or proclaiming of the new Commission at the Assises Sessions of the peace or at the full County Or else by holding of some open Sessions by vertue of the new Commission in which two last cases the old Commissioners must take notice of the new Commission And in all these cases if the ancient Commissioners doe sit by vertue of their ancient Commission after such notice or publishing of the new Commission whatsoever such ancient Commissioners shall so doe is voide And contrariwise untill such notice or publishing of the new Commission whatsoever meane Acts such ancient Commissioners shall so doe by vertue of their ancient Commission the same are good in Law 34. Ass p. S. Br. Commiss 14. 22. 11. H. 6. ca. â— Also in all cases where an ancient Commission of the peace is determined by a new yet no proce's or suit depending before the old Commissioners shall be discontinued thereby neither shall any other thing done by the Iustices of the peace by force of their ancient Commission be made or become voide thereby Br. Com. 19. 21 Br. Offic. 15. 23. Note also that although by the death of the King or by his resignation the authoritie of all Iustices of peace yea and of all Iudges Dyer 165. Co. 7. 30. Br. Com. 5. Commissioners of Oyer and Termyner Commissioners of Gaole-delivery Sheriffes Escheators and other Officers that are by Commission doth cease yet Mayors and chiefe Officers in Citties and corporate Townes which have the authoritie of Iustice of peace or of the conservation of the peace by Charter to them and their Successors their authoritie still remaineth notwithstanding the Kings death or resignation 24. So also the authoritie of the high Constables and pettie Constables remaineth notwithstanding the death of the King c. for that their authoritie is by the common Law and to their said Office the conservation of the peace remaineth as a thing incident and unseparable from the same 4. E. 4. 44. Br Offic. 25. Dyer 165. 25. Coroners also do remaine Conservators of the peace within the County where they are Coroners notwithstanding the Kings death c. for they are made by the Kings Writ and not by Commission and their office and authoritie doth remaine untill they be removed by the Kings Writ and their office remaining the conservation of the peace remaineth as incident thereto Their oathes 26. Every Iustice of peace before he shall take upon him to exercise the office of a Iustice of Peace shall take two corporall oaths the one concerning the office of a Iustice of peace the other concerning the Kings supremacie 27. The oath concerning the office seemeth to be by force of the statute made 13. R. 2. ca. 7. the forme whereof as it now is followeth in these words viz 28. Ye shall sweare that as Iustice of the peace in the County of Dublin in all Articles of the Kings Commission to you directed you shall doe equall right to the poore and to the rich after your running wit and power and after the lawes and customes of the realme and statutes thereof made And ye shall not bee of Councell of any quarrell hanging before you And that yee hold your Sessions after the forme of the Statutes thereof made And the Issues Fynes and Amerciaments that shall happen to be made and all Forfeitures which shall fall before you ye shall cause to be entred without any concealement or imbesilling and truely send them to the Kings Exchequer ye shall not let for gift or other cause but well and truly you shall doe your office of Iustice of the peace in that behalfe and that you take nothing for your office of Iustice of the peace to be done but of the King and Fees accustomed and costs limitted by the statute and ye shall not direct nor cause to be directed any warrant by you to bee made to the parties but ye shall direct them to the Bailiffes of the said County or other the Kings Officers or Ministers or other indifferent persons to doe execution thereof So help you God c. 29. The parts of this Oath are shortly sixe 1. That they shall doe equall right to rich and poore and according to the lawes and statutes of the realme 2. That they shall not be of Counsell with any person
suorum circa premissa seu eorum aliqua indebite se habuerunt aut imposterum indebite se habere presumpserint aut tepidi remissi vel negligentes fuerunt aut imposterum fore contigerint in Comitatu predicto et de omnibus et singulis articulis circumstantijs et alijs rebus quibuscunque per quoscunque et qualitercunque in Comitatu predicto factis sive perpetratis vel quae imposterum ibidem fieri vel attemptari contigerint qualitercunque premissorum vel eorum alicujus concernentibus plenius veritatem Et ad indictamenta quacunque sic coram vobis seu aliquibus vestrum capta sive capienda aut coram alijs nuper Iusticiarijs pacis in Comitatu praedicto facta sive capta et nondum terminata inspiciendum Ac ad processus inde versus omnes et singulos sic indictatos vel quos coram vobis imposterum indictari contigerint preterquam de proditionibus quousque capiantur reddant se vel utlagentur faciendum et continuandum Et ad omnia et singula felonias veneficia incantationes sortilegia artes magicas transgressiones forstallarias ingrossarias regratarias extortiones Conventicula indictamenta predicta ceteraque omnia et singula premissa preterquam proditiones secundum leges et statuta regni nostri Hiberniae prout in hujusmodi casu fieri consuevit aut debuit audiendum et terminandum et ad eosdem delinquentes et quemlibet eorum pro delictis suis per fines redemptiones amerciamenta forisfacturas ac alio modo prout secundum legem et consuetudinem regni nostri Hiberniae ac formam ordinationum vel statutorum praedictorum fieri consuevit aut debuit castigandum et puniendum ac gaclam nostram ibidem de prisonarijs in eadem pro felonia detent et incarcerat debito modo deliberand Proviso semper quod si casus difficultatis vel magni momenti super determinationem aliquorum premissorum coram vobis vel aliquibus duobus vel luribus vestrum evenire contigerit tunc ad judiciuminde reddendum nisi in praesentia unius Iusticiariorum nostrorum de uno vel altero Banco aut unius Baronum de Scacario nostro aut unius de Concilio nostro in lege erudito coram vobis vel aliquibus duobus vel pluribus vestrum minime procedatur Et ideo vobis et cuilibet vestrum mandamus quod circa custodiam pacis ordinationum statutorum et omnium et singulorum ceterorum premissorum diligenter intendatis et ad certos dies et loca quae vos vel aliqui hujusmodi duo vel plures vestrum ut predictum est ad hoc provideritis super premissis faciatis inquisitiones et promissa omnia et singula audiatis et terminetis ac ea faciatis et expleatis in forma predicta factur inde quod ad justitiam pertinet secundum legem et consuetudinem Regni nostri Hibernia Salvis nobis amerciamentis et alijs ad nos inde spectantibus Mandamus enim tenore presentium vicecomiti nostro Comitatus Dublin quod ad certos dies et loca qua vos vel aliqui hujusmodi duo vel plures vestrum ut predictum est ei ut predictum est scire feceritis venire faciat coram vobis vel hujusmodi duobus vel pluribus vestrum ut dictum est tot et tales probos et legales homines de Balliva sua tam infra libertates quam extra per quos rei veritas in premissis melius sciri poterit et inquiri Assignavimus denique te prefat A. Custodem rotulorum pacis nostrae in dicto Cemitatu nostro ac propterea tu ad dies et loca predicta brevia precepta processus et indictamenta predicta coram te et dictis socijs tuis aut aliquibus duobus vel pluribus eorum ut predictum est venire facias ut ea inspiciantur et debito fine terminentur sicut predictum est In cujus rei testimonium c. These two Commissions do somewhat differ in the second Assignavimus for by that for the County of Dublin the Iustices of peace have power to heare and determine felonyes but in the other they have no power given them thereby to heare and determine of any felonie and the reason of this difference is twofold First because no Iustices of Assise and gaole delivery go into the County of Dublin Secondly because at the quarter Sessions of the peace there is alwayes one or more of the Iudges or of the Kings counsell present Also both these Commissions do differ from the usuall Commission of the peace in England in this particular videlicet By these Commissions the Iustices of peace have power to enquire of Treason which the Iustices of peace in England by their Commission have not The reason is because many offences which are common here are by the Lawes of this kingdome Treason which by the Lawes in England are but felonie 33. These Commissions have two parts containing the power of the Iustices of peace Stat. Winch. 13. E. 1. 2. E. 3. 6. 2. E. 3. 3. 34. The first Assignavimus or first part of the Commission doth give power to any one Iustice of peace more or all to keepe and cause to be kept the peace and all ordinances and statutes made for the conservation of the peace and for the quiet governement of the people As namely the statutes made for Huy and Cry after felons And the statutes made against Murtherers Robbers Felons Night-walkers Affrayers Armour worne in terrorem Riots forceible Entries and all other force and violence All which be directly against the peace The particulars thereof you shall finde more fully hereafter and most of them under their proper titles 35. By this first clause in the Commission the Iustices of peace have aswell all the ancyent power touching the peace which the Conservators of the peace had by the Common law as also that whole authoritie which the statutes have since added thereto 36. The meanes which the Iustices of peace must use for the keeping of the peace and for the execution of these statutes is as followeth 37. For to prevent the breach of the peace the Iu. of P. may send his warrant for the party and may take sufficient sureties of him by recognizance for the peace or for the good behaviour as the case shall require and may send the partie to the Gaole for not finding such sureties 38. But for these statutes made for the peace they are to be executed according to such prescript order as themselves do deliver wherein if no power at all be expressely given to any one Iustice of peace alone then can he not otherwise compell the observation thereof as it seemeth then by admonition onely In which behalfe if he shall not be obeyed he may preferre the cause at the Sessions and to worke it to a presentment upon the statute and so by the help of his fellow Iustices to heare and
any evill intent happeneth to kill a man by the law of God there was a Citie of refuge appointed for such persons to flye unto Numb 35.15 22. Iosh 20.3 And by our law now this is no felony of death for he shall have his pardon of course for his life and lands but yet hee shall forfeit his goods in regard that a subject is killed by his meanes See Stamf. 16. a. b. Fitz. Coron 69. 302. 354. As if a Schoole-master in reasonable manner beating his scholler for correction only See Exod. 11. 20. 21. or a man correcting his child or servant in reasonable manner and the scholler Stamf. 12. c. childe or servant happen to dye thereof this is homicide by misadventure â—1 H. 7. 29. 6. E. 4. 7. 2. So if a man shooting at Buts prickes or other lawfull marke and by the shaking of his hand or otherwise against his will hee killeth one that standeth by Or if a Carpenter Mason or other person doth throw or let fall a stone Br. Coron 59. Tile or peice of Timber from an house or wood or other thing from a Cart c. and giveth warning thereof and another is killed thereby against his will Or if a labourer that is falling or cropping of a Tree 6. Ed. 4. 7. F. Coron 398. Plow 19. and the same or part thereof falleth and killeth a man Or if the head of his hatchet or other toole falleth from him and hapneth to kill one standing by Or if a man be in due and convenient time doing any other lawfull thing that may breed danger to such as passe by and shall give warning thereof so that such as passe by may heare and flie the perill and yet another passing that way shall be killed therewith 11. H. 7. 23. See Br. Coron 2 9. contra Or if men shall run at Tilt Iust or fight at Barriers together by the Kings commandement and one of them doth kill another In these former cases and the like it is homicide by misadventure and no felony of death 3. And yet in cases of misadventure as also where one killeth another Se defendendo by the common Law 21. E. 3. 17. Br. Coro 40. these offences were felony of death and the offendour should have dyed for the same But now by statute such offendors are to have pardon for their life and lands yet their goods remaine forfeit as before at the common Law See the stat 6. E. 1. c. 9. 2. E. 3. c. 2. 4. Also in these cases of misadventure Fitzh 246. c. 2. 8. â— Br. Cor. 1. ce fâ—at 6. E 9. 4. H. 7. f. 2. a. Regi fo 209. and in the former cases of homicide committed by Infants and other persons being Non compos mentis And also where one killeth another in defence of his person the ancient course was that they shall be discharged in this manner sc if they desire to purchase their pardon they must upon their tryall plead not guilty and shall give in Evidence the speciall matter and then this speciall matter being found by verdict they shall be bailed and then they must sue forth a Certiorari to have this record certified to the Lord Chancellor who thereupon shall make them a Charter of pardon of course under the great seale without speaking or sueing to the King for it See Stamf. 15. t. But now the usuall course is that without any Certiorari the Iustices of gaole delivery make a Certificate to the Lord Chancellor and thereupon the pardon is granted of course and in the case of Infants and Non compos mentis the Iudges receive a verdict of not guilty in which case there needeth no pardon neither is there any forfeiture of goods 5. But if a man be doing of an unlawfull Act Vnlawfull Act. though without any evill intent and he hapneth by chance to kill a man this is felony viz. Manslaughter at the least Stamf 6 c. if not murder in regard the thing he was doing was unlawfull As shooting of Arrowes Stamf. 12. c. or casting of stones into the high-way or other place whither men doe usually resort So of fighting at Barriers or running at Tilt or Iusts without the Kings commandement whereby a man is slaine And although it were by the Kings commandement yet it was holden felony by the Iustices Tempore H. 8. Br. Cor. 229. 6. Playing at hand-sword Bucklers foot-ball 11 H. 7. 2â— Crom. 26. b. 29. A. wrastling and the like where by one of them receiveth a hurt and dyeth thereof within the yeare and day in these cases some are of opinion that this is felony of death some others are of opinion that this is no felony of death but that they shall have their pardon of course as for misadventure for that such their play was by consent and againe there was neither former nor present intent to doe hurt nor any former malice but done onely for disport and tryall of manhood and this seemeth to be the better opinion 7. A man casteth a stone at a Bird or beast Fitz Coron 30â— 3â—4 and another man passing by is slaine therewith this is but manslaughter by misadventure And the opinion of Fineux chiefe Iustice in 11. H. 7. fol. 23. is that if a man cast a stone over a house and killeth a man See Numb 35. 23. Br. Cor. 229. this is no felony of death but misadventure but this is to be understood where there was no intention of hurt to any by casting thereof likewise some hold that to cast a stone for pleasure and not in lawfull labour whereby one is slaine Stamf. 12. c. 16. c. is felony of death and so was the opinion of Maister Bracton and Maister Stamford but I cannot conceive it to be any other then by misadventure when it is not done felleo animo Casuall death 8. Also a man may be slaine by other casualty than by the hands or meanes of another man as by the fall of a house or tree c. upon him or be killed by a Bull Beare or other beast c. or be killed by some fall which he himselfe taketh And in these and the like cases observe these rules 1. First if a man be slaine in any such manner yet if it be by the meanes or procurement or wilfull default of another man this shall be felony in the party procuring or causing it 2. The thing which is the cause of such casuall death shall be forfeit to the King as a Deodand and distributed in Almes by the Kings Almoner but the Almoner hath no interest as it seemeth in such goods but hath onely the disposition of the Kings Almes durante bene placito so that the King may grant them to any other See Co. 1. 50. Dyer 77. Flo. 260. 3. The forfeiture shall have relation from the stroke given so as the party or owner selling thereof sc of
of their worke in grosse with such labourers and Artificers when please them so that they performe such workes well and lawfully according to the bargaine or Covenant with them thereof made Anno 34. Ed. 3. cap. 9. 15. Of Labourers and Artificers that absent them out of their services in other Townes or another County the party shall have the suit before the Iustices and that the Sheriffe take him at the first day as is contained in the statute if he be found and doe of him execution as afore is said and if he returne that he is not found he shall have an Exigent at the first day and the same pursue till he be outlawed and after the Outlarie a writ of the same Iustices shall be sent to every Sheriffe of Ireland that the party will sue to take him and to send him to the Sheriffe of the County where he is outlawed and when he shall be there brought he shall have there imprisonment till he will justifie himselfe and have made gree to the party and neverthelesse for the falsitie he shall be burnt in the forehead with an Iron made and formed to this letter F. in token of falsitie if the party grieved the same will sue but this burning is not to be executed unlesse it be by the advice of the Iustices and the Iron shall abide in the custody of the Sheriffe And that the Sheriffe and some Bailiffe of the Franchise be attending to the plaintiffe to put this ordinance in execution upon paine aforesaid and that no labourer servant nor Artificer shall take no manner of wages the festivall dayes Anno 34. Ed. 3. ca. 10. 16. If any labourer servant or Artificer absent himselfe in any City or Burrough and the party plainetiffe come to the Mayor and Bailiffes and require delivery of his servant they shall make him delivery without delay and if they refuse to doe the same the party shall have his suit against the Mayors and Bailiffes before the Iustices of Labourers which the Iustices of peace by their Commission now are and if they be thereof attainted they shall pay to the King 10. l. and to the party 100. s. Anno 34. Ed. 3. cap. 11. 17. The statutes and ordinances made of labourers and Artificers be holden and kept and duely executed and thereupon Commission shall be made to the Iustices of peace in every County to heare and determine the points of the said statutes and to award damages at the suit of the party according to the quantitie of his Trespasse Anno 42. Ed. 3. cap. 6. 18. All the statutes of Artificers Labourers Servants and Victualers made aswell in the time of our Soveraigne Lord the King that now is as in the time of his noble grandfather whom God assoile not repealed shall be firmely holden and kept and duely executed and that the said Artificers Labourers Servants and Victualers be duely justified by the Iustices of peace aswell at the suit of the King as of the party according as the said Statutes require and that the Mayors Bailiffes and Stewards of Lords and Constables of Townes doe duely their offices touching such Artificers Servants Labourers and Victualers and that a paire of Stocks be in every Towne to justifie the same Servants and Labourers as is ordained in the said statutes And moreover it is ordained and assented that no Servant nor Labourer be he man or woman shall depart at the end of his Terme out of the hundred Rape or Weapontake where he is dwelling to serve or dwell elsewhere or by colour to goe from thence in pilgrimage unlesse he bring a letter patent containing the cause of his going and the time of his Terme if he ought to returne under the Kings Seale which for this intent shall be assigned and delivered to the keeping of some good man of the hundred Rape Wapentake City or Borrough after the discretion of the Iustices of peace to be kept and lawfully to make such letters when it needeth and not in any other manner by his owne Oath and that about the same Seale shall be written the name of the County and overtwhart the said Seale the name of the hundred Rape or Wapentake City or Borrough and also if any Servant or Labourer be found in any City or Borrough or elsewhere comming from any place wandring without such letter he shall be forthwith taken by the said Mayors Bailiffes Stewards or Constables and put in the Stocks and kept till he hath found surety to returne to his service or to serve or labour in the Towne from whence he came till he have such letter to depart for a reasonable cause and it is to be remembred that a Servant or Labourer may freely depart out of his service at the end of his Terme and to serve in another place so that he be in a certainty with whom and shall have such a letter as before but the meaning of this ordinance is not that any Servants which shall ride or goe in the businesse of their Lords or Masters shall be comprised within the same ordinance for the time of the same businesse and if any beare such letter which may be found forged or false he shall have imprisonment of Forty dayes for the falsity and further till he hath found surety to returne or serve to labour as is aforesaid and that none receive Servant or Labourer going out of their hundred Rape or Wapentake City or Borrough without letter Testimoniall nor with letter Testimoniall above one night except it be for cause of sicknesse or other cause reasonable or which will and may serve and labour thereby the fame Testimoniall upon a paine to be limitted by the Iustice of peace that aswell Artificers and people of mistery as servants and apprentices which be of no great avoyer and of which craft or mistery a man hath no great need in harvest time shall be compelled to serve in harvest to cut gather and bring in Corne and that these statutes be duly executed by Mayors Bailiffes Stewards and Constables of Townes upon paine limitted and judged by the said Iustices of peace in their Sessions and that no man take above a peny for the making Sealing and delivering of such letter Anno 12. Ric. 2. cap. 2. 19. That the ordinances aforesaid of Servants and Labourers Beggers and Vagabonds shall hold place and be executed aswell in Cities and Borroughes as in other Counties and places within the Realme aswell within the Franchises as without and that the Sheriffes Mayors Bailiffes and keepers of the Gaoles shall be holden and charged to receive the said Servants Labourers Beggers Vagabonds and to keepe them in prison in the forme aforesaid without letting to mainprise or to baile and without Fee or any other thing taking of them by themselfe or by any other as long as they be so imprisoned or at their going forth upon paine to pay an hundred shillings to our soveraigne Lord the King Anno 12. R. 2.
ca. 9. 20. That the Iustices of peace in every County in two of their Sessions to be holden betwixt the Feast of Easter and Saint Michael shall make proclamation by their discretion after the dearth of victuals how much every Mason Carpenter Tyler and other Craftesmen workemen and labourers by the day aswell in harvest as in other times of the yeare after their degree shall take by the day with meate and drinke or without meate and drinke betweene the two Sessions aforesaid notwithstanding the statute thereof heretofore made and that every man obey to such proclamations from time to time as a thing done by statute Anno 13. Ri. 2. cap. 8. vide 33. H. 8. cap. 9. in Ireland that these proclamations must be in the next Sessions after Easter and Michaelmas 21. That no Labourer be retained to worke by the weeke not that no Labourers Carpenters Masons Tilets Plaisterers Daubers Coverers of houses nor none other Labourers shall take any hire for the holy dayes nor for the Evens of Feasts where they doe not labour but till the houre of Noone but only for the halfe day upon the paine that such Labourer Carpenter Mason Tiler Plaisterer Dauber Coverer of houses or any other Labourer that taketh contrary to this statute shall pay to the King for every time that he doth so contrary 20. s. Anno 4. H. 4. ca. 14. 22. The statute of Labourers made at Canterbury and all other good statutes of Labourers made and not repealed be firmely holden and kept and put in due execution and moreover that the Iustices of peace have power to send their writs for such fugitive Laborers to every Sheriffe of the Realme of England and to make such processes as the statute of Anno 34. Ed. 3. cap. 10. requireth to bring them before them to answere to our soveraigne Lord the King and to the parties of the contempts and Trespasses made or done against the ordinances and statutes aforesaid in like manner as the Iustices have power to send to every Sheriffe for the Theeves before them indicted And also that all the statutes and ordinances of Labourers servants and artificers before this time made and not repealed be exemplified under the great Seale and sent to every Sheriffe of the Realme thereof to make Proclamation in full County and after this Proclamation so made that every Sheriffe shall cause the same Ex-emplification to him directed to be delivered to the Iustices of the peace in his County named in the Quorum or to one of them to remaine with such Iustices which be or shall be for the better putting of the aforesaid statutes and ordinances in due execution And also that the Iustices of peace from henceforth have power to examine aswell all manner of Labourers and servants and their masters as Artificers by their oathes of all things by them done contrary to the said ordinances and statutes and upon that to punish them upon their confession after the effect of the statutes and ordinances aforesaid as though they were convict by Inquest and that the Sheriffe in every Shire of the Realme shall doe well and duely in his office in this behalfe upon paine to lose and to forfeit to our Soveraigne Lord the King Twenty pounds Anno 2. H. 5. cap. 4. 23. If any servant of husbandrie purposing to depart from his Master at the end of his Terme at the midest of his Terme or otherwise make a Covenant before with another man to serve him for the next yeare if he be in such case as the law will compell him to serve that the said servant and he which so shall make covenant with him at the middest of the said Terme or before shall give warning to the master of the said servant of the said Covenant so newly made so that the same master may provide another servant against the end of his Terme and if any covenant with any such servant be otherwise made or such warning in manner and forme aforesaid not had that the same Covenant shall be voide and that the same servant be compelled to serve his first master for the next yeare except that a lawfull cause being of a latter time require the contrary and if any person refuse to serve or labour for the wages assessed by the Iustices of peace then every Iustice of peace in their Counties shall have power at every time to call them to examination of the same and such as they shall finde defective to commit to the gaole there to remaine till they have found sufficient surety to serve and labour in forme by the law required And if any servant Artificer workman or labourer doe contrary to the premisses or deny his service occupation of labour by reason of not giving of salarie or wages contrary to these statutes that hee shall lose to the partie that will sue in this behalfe 20. s. and that the said Iustices of peace shall have power to heare and determine all manner of offences done contrary to the forme of this statute aswell at the Kings suit as at the parties And that every of the Kings leige people may have the suit against every person that shall offend in any point against this statute and the processe shall be by Attachment Capias and Exigent and that the Iustices of peace shall assesse no fyne upon any which shall be convict before them of any thing done to the contrary to any statute of Labourers or Artificers or for this cause to put him in the good grace of out Soveraigne Lord the King under three shillings foure pence And also that the Iustices of peace thorow the Realme two times every yeare shall doe openly to be proclaimed in their Sessions all the statutes of Labourers Artificers Hostlers Victualers servants and Vagabonds before this time made and not revoked with this statute Also that by colour of the Tenure of lesse lands then the husbandry of the same shall suffice to the continuall occupation of one man no man shall be excused to serve by they yeare upon the paine to be justified as a Vagabond also that Iustices of peace shall have power to take all servants retained with any person by colour of Husbandrie and not duely occupied about the same which servants ought by the law to be servants of Husbandrie to such as shall require their service and to justifie them in every point as the same Iustices have power to justifie Vagabonds 23. H. 6. ca. 13. 24. And now because the rating and assessing of the wages of Labourers Artificers and Servants by force of an Act of Parliament made in Ireland in Anno 33. H. 8. cap. 9. 33. H. 8. ca. 9. in Ireland is to be done by the Iustices of peace so as by this statute all the former statutes are altered in that particular point of wages only It will not be amisse to recite the statute verbatim which is as followeth 25. Forasmuch as prices of victuals cloth and other necessaries
diem with meat and drinke for his Iourneyman and 12. d. sterling with meat and drinke for a boy that can scarce bore a hole as it should be and this I speake of mine owne knowledge and therefore I wish that the Iustices of peace would henceforth better remember their oaths the duty of their places and the good of the common wealth then hitherto they have done but if the Iustices of peace shall wilfully continue still their neglect herein I cannot but let them know that for this their neglect they are and that worthily for their neglect to be punished in the Starchamber Misprision CHAP. 43. 1. THere be also certaine offences which by the common Law are misprision of treason or felonies or at least punishable in the same degree and more 22. Ed. 3. 13. Stamf. 38. as to draw a sword to stricke a Iustice sitting in place of Iudgement to strike a Iuror in the presence of the Iust sitting in place of judgement Stam. 37. 38. Br. contempts 9. 0. or to stricke another in the house where the Courts of Iustice are kept sitting any of the Kings Courts there or to draw any weapons therewithall to strike any person in the presence of the Iustices P. Paine 16. or to make any Affray in their presence they sitting in Iudgement or to rescous any such offendor these are such misprisions for which the offendour shall have more grievous punishment then for misprisions of Treason or felony for in these cases the offendor shall not only forfeit all his goods and chattels and the profits of his lands during his life and be imprisoned during his life but also shall have his hand cut of 28. El. ca. 7. in Ireland 2. The counterfeiting of the coine of gold or silver of other Countreyes which is not currant in this Kingdome is by a statute made in 28. Eliz. ca. 7. enacted to be misprision of high treason in the Actors their procurers ayders and abettors Stamf. 37. d. Cromp. 44. 3. Note that every treason or felony doe include misprision so that where any person hath committed treason or felony the King may cause the offendor to be indicted and arraigned but of misprision Stamf. fo 37. 4. Misprision of Treason or felony is properly when one knoweth that another hath committed or is about to commit any treason or felony but was not or is not consenting thereto and yet will not discover the offendor to the King or his Councell or to some Magistrate but conceales both the offence and the offendors Br. Treason 19. Stamf. fo 38. 5. For misprision of treason the offend or shall forfeite to the King all his goods and chattels for ever and the profits of his lands during his life and also shall be imprisoned during his life but for misprision of felony the offendor shall be only fined and ransomed as it seemes 3. H. 7. 10. Br. Treason 25. and shall be committed to prison untill he hath paid his fine 3. H. 7. fol. 10. 6. Note for the offendors in high treason misprision of treason and praemunire that although the Iu. of Peace by their Commission nor by statute cannot medle with them in the very point of their offences saving in some particulars and that by way of inquiry only which you may see hic antea tit felony yet for that all treasons and such other offences are against the peace of the King and of the Realme therefore upon complaint made to the Iustice of peace or other knowledge had by him of any such offendors it shall be his part to cause such offendors to be apprehended and to take their examinations and the information upon oath of such as bring them or of others that can prove any thing materiall against them and to put the same in writing under the hands of the Informers and then to commit the offendors to the Gaole Dalton p. 212. and also to bind over by recognisance all such as doe declare any thing materiall to appeare and give evidence against such offendors before the Lords of the Kings Majesties privy Councell or elsewhere when they shall be called upon reasonable warning or before the Iustices of Assises at the next generall gaole delivery and after to certifie their doing therein to some of the Lords of his Majesties said Councell Nightwalkers CHAP. 44. 1. EVery Iustice of peace ex officio and by the first Assignavimus of the Commission may cause to be arrested all Nightwalkers 13. H. 7. 1â— Dalton pa. 76. be they strangers or other persons that be suspected or that be of evill behaviour or of evill fame and more particularly all such suspected persons as shall sleepe in the day time and goe abroad in the night season haunt any house that is suspected for bawdery or shall in the night time use other suspitious company or shall commit any other outrages or misdemeanors and may force them to finde surety for their good behaviour see the title surety for the good behaviour Peace CHAP. 45. 1. EVery Iustice of peace hath authority and power given him by the first Assignavimus or clause in the Commission Dalton pa. 79. to keepe and cause to be kept the Kings majesties peace by force of which words they have aswell the ancient power touching the keeping of the peace which the ancient conservators of the peace had by the common Law as also all authority which the statutes since have added thereto and so they may cause to be kept all the statutes and Lawes now in force which beene made for the peace or keeping thereof and more especially they may arrest or cause to be arrested and sent to the Gaole all Traitors Murtherers Robbers and Felons and persons suspected of such things and all such are guilty of any misprision or praemunire 2. They may also suppresse and bind to the peace or good behaviour all Affrayors Dalton p. 80. and all persons unlawfully and riotously assembled or unlawfully wearing armour or any weapons by night or by day or otherwayes putting the people in feare and all unlawfull nightwalkers and barrettors and the like all which may well be said to be disturbances or breaches of the peace see more fully of these under their particular Titles Posse Comitatus CHAP. 46. 1. VVHere the Iustice of peace Sheriffe or other officer is enabled to take the power of the County it seemeth they may command and ought to have the helpe and attendance of all Knights Gentlemen Yeomen Husbandmen Labourers Tradesmen Servants and Apprentices and of all other such persons being above the age of fifteene yeares and that are able to travell 2. But women Ecclesiasticall persons and such as be decrepit or diseased of any continuall infirmity shall not be compelled to attend them 3. And in such cases it is referred to the discretion of the Iustices of peace or Sheriffe c. what number they will have to attend upon them and
before time made of Purveyors and buyers shall be holden and kept and put in due execution and in case that any Purveyor buyer or taker will take and make purveyance or buy any thing to the value of 40. s. or under of any person and make not ready payment in hand 40. s. ready payment that then it shall be lawfull to every of the Kings liege people to retaine their goods and chattels and to resist such Purveyors and buyers Resist and in no manner wise suffer them to make any such Purveyances buyings or takings and for the peace better to be kept that every Constable Constable Tithingman Tithingman or chiefe pledge of every Towne or hamlet where such purveyances or takings shall be made shall be aiding or assisting to the owner or seller of such things to be against the forme of this ordinance to make resistance in the forme aforesaid in case that such Constables Tithingman or chiefe pledge bee required that to doe upon paine to yeeld to the partie so grieved the value of the things so taken with his double damages and that none of the Kings liege pleople be put to losse or damage by the King or any officer for such resistance and that none of the Kings officers shall doe to be arrested vexed or impleaded in the Court of the Marshalsey or elsewhere any of the Kings liege people for such with-holding or not suffering to be done upon paine to lose twenty pounds Forf Moitie the one moity of that to the King and the other moitie to him which will in such case sue and that the Iustices of peace Iustice of peace in every County shall have power by authority of this ordinance to enquire heare and determine Oyer and Ter. aswell at the suite of the King as of him that will sue of any thing done against this ordinance and thereof to make due punishment and execution and to award damages Damages to the party plaintiffe when any defendant is thereof duely convict and that in every Action to be taken upon this ordinance every party defendant shall be put to answere to that without aide of the King and in such Actions to be taken No aide Proces proces shall be made as in a writ of Trespasse done against the peace and that in every Commission Commission of Purveyors takers or buyers to be made this ordinance shall be contained and expressed and moreover that this ordinance among other statutes of Purveyors buyers or takers before this time made shall be sent to the Sheriffes Sheriffe of every County to proclaime and deliver the said statutes and ordinances in the manner and forme contained in the statute of purveyors and buyers made in the first yeare of the Raigne of the said King H. 6. And moreover the King will and commandeth that the statute made the six and thirtieth of King Edward late King of England after the coÌ„quest touching Purveyors of other persons then of the King shall be put in due execution Anno 20. H. 6. cap. 8. 13. In anno 23. H. 6. ca. 2. 23. H. 6. ca. 2. it is ordained that the said statutes of an 36. E. 3. from thenceforth should be duely kept and put in due execution and moreover that every purveyor and buyer before that he shall have any Commission shall be sworne Sworne in the Chancery Chancerie that he shall take nothing of the people contrary to the said ordinances and moreover forasmuch as the poore people be not of power nor dare make resistance against the purveyors and buyers nor sue them by the law though that they doe contrary to the said statutes It is ordained by the same authority that the praisers and also all the Towne and townes Townes adjoyning if need be shall be bound to doe their devour and power to resist Resist the buyers and purveyors doing contrary to the said statutes and as much as in them is to execute the said statutes upon the said Purveyors if they be required and that he which is grieved of his goods taken contrary to the said statutes and ordinances may chuse to have either an Action of debt Action of debt against the said preisers Towne or Townes and every of them which doe not their devour in resistance of the said Purveyors or buyers in the forme aforesaid when they shall be required or else against the said Purveyors 3. Value 3. Damages or buyers and every of them to recover the treble value of his goods so taken and moreover his treble costs and damages and if any purveyor and other the Kings officer doe trouble or vexe any of the Kings liege people in the marshalsey or elsewhere by any evill suggestion or cause fayned imagined or coloured upon them because of the execution of the said ordinances he shall incurre the paine of Twenty pound Forf to be paid to the party grieved over his damages and costs in that behalfe sustained and that he thereupon shall have a writ of debt Writ of debt and that every issue Issue triable in this action shall be tried in the county County where the taking of the said goods was made and that the defendants in the said causes shall not be admitted to wage their law and shall be put to answere without forcing and no eâ—â—oyne â—ide of the King nor protection shall be to them allowed and that the Sergeant of the Caterie Sâ—â—â—eant of Câ—terie shall satisfie all the damages debts and executions which shall be recovered against every Purveyor and buyer underneath him in all the cases aforesaid in case that the Purveyor or buyer be not sufficient to satisfie and the party complainant shall have a scire facias Scire facias to have execution against the said Sergeants in the case and that these statutes and ordinances shall be sent to the Iustices of the peace in every County to proclaime them every yeare and thereof to informe the people Iust of P. Proclamation Anno 23. Hen. 6. cap. 2. 14. If any buyer or other officer of any Lord Lord. or person 23. H. 6. ca. 14. of what estate degree or condition that he be presume upon him to take or otherwise doe take any victuals Victuals Corne Corne. or hay Hay carriages Carriage or any other thing whatsoever of any of the Kings liege people in any wise against their will without lawfull bargaine betwixt the said buyers or officers and the said liege people thereof to be made to the use of the said Lords for their houses but all onely for the King and the Queene and their houses that then if notice or request be made to the Mayor Maior Sheriffe Sheriffe Bailiffe Bailiffe Constable Constable Officers or other of the Kings ministers of Cities and Borroughes or other Counties or places where such taking shall
if it be not within the moneth then the two next Iustices are in danger to loose each of them 100. l. for their neglect and yet if these Iustices doe charge the Iury within the moneth and doe give day unto them for to yeild their verdict and presentment after the moneth the statute is not offended 65. At this enquiry the Sheriffe or undersheriffe ought to be present with the Iustices of peace Ibid. but the Sheriffe or undersheriffe be now as ministers only for the returning of the Iury for the enquiry and be not herein associated with the Iustices as they were before in arresting the rioters and recording their disorder and therefore they are now to be spared from being Iudges therein howbeit by this their presence they may helpe to espy the evill and besides it addeth force and credit to the certificate 66. If the Iustices doe assemble themselves the Sheriffe and the Iury Cromp. 62. P. R. 29. to make enquiry of a riot within the moneth and the parties been agreed amongst themselves so as none will sollicite the inquiry nor give in Evidence for the King upon the riot yet ought the Iustices to proceed ex officio to make inquiry of that riot seeing it may be that some of the Iury may have knowledge of the riot 67. And also the Iustices ought to make Proclamation that if any man will give Evidence for the King concerning that riot or generally will informe the Kings Iustices of any Riots Routs c. and thereupon some other persons may perhaps come forth to informe them therein P. R. 29. Cromp. 62. 68. But if at the parties request the Iustices shall dismisse the Iury without inquiry they are fineable in the Starchamber to the King for the same Dalton 105. 69. And if the Iustices shall not proceede herein ex officio without some will give in Evidence for the King they shall be in danger to lose 100. l. a peece upon this statute for the reasons abovesaid Ibid. 70. And it seemeth that the Iustices may justly binde to their good behaviour the parties that first complained to them of this riot and have caused them to meet and now will not prosecute the same for the King but have agreed it 13. H. 4. 7. P 2. Heare and determine 71. After such enquirie made and riot found the said Iustices have authoritie by the said statute to heare and determine the same according to the law viz. they may make out proces against the offendors under their owne test thereby to cause the offendors to come in and answere and may assesse their fynes Dalton 105. and may commit them to prison till they have paid the same and may deliver them after payment of the said fyne Br. Impris 100. or upon sureties taken for it which sureties ought to be bound by recognisance or otherwise they may receive their traverse and thereupon if the matter will so serve to discharge and dismisse them but then the said Iustices shall doe well to send such indictment or inquisition found and such traverse to the next Quarter Sessions or into the Kings Bench and there the traverse shall be tryed and determined according to Law P. R. 30. 72. But when men are indicted of Riots or the like they will usually yeild themselves and pray to be admitted to their fine in which case the Iustices of peace commonly doe assesse but some small fyne and upon the payment thereof doe discharge the offendor and hereby the offendors are not imprisoned which would worke more feare in such offendors then such fyne and therefore it is behoovefull for the Iustices of peace to use good care and discretion herein for by the statute the offendors are aswell to be imprisoned as fyned and it seemeth much more serviceable and more agreeing with the intent of the Law besides this fine called by diverse old statutes ransome Mar. ca. 1. 2. 3. 4. or redemptio in Latine seemeth by the propriety of the word to imply that the offendor ought first to be imprisoned and then to be ransomed and delivered in consideration of this fyne Dalton p. 105. or otherwise the statute is not fully executed in all points as it ought to be 73. Ibid. And these fynes the Iustices of peace are now willed by the statute 2. H. 5. ca. 8. to put in greater summes then they were wont to be put in such cases for the bearing of the charges of the Iustices and other officers c. 74. At the common Law a Riot was punishable as a Trespasse and aswell the fyne as the imprisonment were at the discretion of the Iudges and in the same manner the statute of 13. H. 4. enableth the Iustices of peace to punish such offendors but now aswel the imprisonment as the fine of such offendors are to be encreased by the said statute 2. H. 5. 75. And therefore where the Iustices of peace are remisse herein Cromp. 63. P. R. 24. scil in not sufficiently punishing such offendors by due fyne and imprisonment the Lords in the Starchamber may and doe often assesse upon Riotters for the same Riot for which the Iustices of peace have formerly assessed a fine in the Countrey a greater penalty if they see cause and yet in this case the offendors be not twice punished for one offence but part of the due punishment is inflicted at one time and part at another 76. Lastly if the truth Certificate 13. H. 4. 7. 19. H. 7. 13. P. 3. 15. or Riot cannot be found by the Iustice of peace upon such enquiry being hindred by the perversenesse of the Iurors or by the unlawfull maintenance or imbracery of others then within one moneth next after the enquiry the same Iustices and Sheriffe or undersheriffe shall certifie before the King and his Councell scil into the Starchamber Dalton pa. 107. or to the body and board of the privy Councell or into the Kings Bench the whole fact and circumstances thereof with the certainty of the names of the principall offendors P. 15. and also the names of such mainteiners and embracers with their misdemeanors and of the time place and other circumstances and impediments yet the not certifying of the maintenance or embracery is but forfeiture of twenty pound a peece to every of the Iustices and Sheriffe the not certifying the rest P. 13. But such traverse and certificate shall be sent into the Kings Bench and there be tryed P. 1â— is a forfeiture of 100. l. Cromp. 63. b. 199. b. 77. The end of this certificate is but onely to put and force the offendors to answer thereto before the King and his Councell and though the words of the statute doe make this certificate to bee of the force of a presentment of twelve men against the offendors yet such certificate is no Conviction but that the offendors may traverse it by the words of the same statute and
be intended of men travailed Travailed men that goe begging through the Countrey after their arrivall 6. Also by a statute made in Ireland in Anno 33. H. 8. ca. 14. 33. H 8. ca. 148 in Ireland It is ordained that where in all places throughout this realme of Ireland Vagabonds and beggers have of long time encreased and daily doe encrease in great and excessive numbers by the occasion of idlenesse mother and root of all vices whereby hath insurged and sprung and daily insueth and springeth continuall thefts murders and sundry other heynous offences and great enormities to the high displeasure of God the inquietation and damage of the Kings people and to marvellous disturbances of the common wealth of this realme and whereas many and sundry good lawes strait statutes and ordinances have beene before this time devised and made as well by the said King H. 8. as also by divers his most noble progenitors Kings of England for the most necessary and due reformation of the premisses yet that notwithstanding the said number of Vagabonds and beggars be not seene in any part to be minished but rather daily augmented and increased into great Routs and companies the Iustices of peace of all and singular the shires within the limits of their Commissions and all other Iustices of peace Mayors Sheriffes bailiffes and other officers of all and every Citty Borrough Ridings or Franchises within the realme of Ireland within the limits of their authoritie shall from time to time as often as need shall require by their discretions divide themselves within the said shires Citties boroughs ridings or Franchises whereof they be Iustices of peace Mayors sheriffes bailiffes or officers and so being divided shall make diligent search and enquirie of all aged poore and impotent persons which live or of necessitie are compelled to live by almes of the charitie of the people that be or shall be hereafter abiding within every hundred rape wapentake Cittie borough parish libertie or Franchises within the limits of their division and after and upon such search made the said Iustices of peace Mayors Sheriffes bailiffes and other Officers that is to say every of them in the limits of their authorities whereunto they are divided shall have power and authoritie by their discretions to enable to begge within such hundred rape or wapentake Citty Towne parish or other limits as they shall appoint such of the impotent persons which they shall finde and thinke most convenient within the limits of their division to live of the charitie and almes of the people and to give in commandement to every such aged and impotent begger by them enabled that none of them shall begge without the limits to them so appointed and shall also register and write the names of every such impotent begger by them appointed in a bill or roll indented the one part thereof to remaine with themselves and the other part by them to be certified before the Iâ—â—tices of peace at the next Sessions after such search had to be holden within the said shires Cities Townes or Franchise there to remaine under the keeping of the Custos Rotulorum and that the said Iustices of peace Mayors Sheriffes bailiffes and other officers that is to say as they be divided shall have power and authoritie to make such and so many seales to be engraved with the names of the hundreds rapes wapentakes Cities Boroughs townes or places within the which they shall appoint and limit every such impotent person to begge and commit the said feales to the custodie of such of them or to the custodie of such a one as they shall thinke convenient and shall make and deliver to every such impotent persons by them enabled to beg a letter containing the name of such impotent person and witnessing that he is authorised to begge and the limits within which he is appointed to begge the same letter to be sealed with such of the said seales as shall be engraved with the names of the limit wherein such impotent person shall be appointed to begge in and to be subscribed with the name of one of the said Iustices or officers aforesaid and if any such impotent person so authorished to begge doe begge in any other place then within such limits that he shall be assigned unto that then the Iustices of peace Maiors Sheriffes Bailiffes Constables and other the Kings officers and ministers shall by their discretions punish all such persons by imprisonment in the stocks by the space of two dayes and two nights giving them onely but bread and water and after that cause every impotent person to be sworne to returne againe without delay to the hundred rape wapentake City Burrough Towne Parish or Franchises where they be authorised to begge in and that no such impotent person as is above said shal begge within any part of this Realme except he be authorised by writing under seale as is abovesaid and if any such impotent person be vagrant and going a begging having no such letter under seale as is above specified that then the Constables and all other inhabitants within such Towne or Parish where such person shall begge shall cause every such begger to be taken and brought to the next Iustice of peace or high Constable of the hundred and thereupon the said Iustice of peace or high Constable shall command the said Constables and other inhabitants of the Towne or Parish which shall bring before him any such begger that they shall strip him naked from the middle upward and cause him to be whipped within the Towne where he was taken or within some other Towne where the same Iustice or high Constable shall appoint if it shall seeme to the discretion of the said Iustice of peace or high Constable that it be convenient so to punish such begger to him brought and if not then to command such beggar to be set in the Stocks in the same Parish where he was taken by the space of three dayes and nights there to have only bread and water and thereupon the said Iustice or high Constable before whom such begger shall be brought shall limit to him a place to begge in and give to him a letter under seale in forme above remembred and sweare him to depart and repaire thither immediately after his punishment to him executed and that if any person or persons being whole and mighty in body and able to labour be taken in begging in any part of this Realme or if any man or woman being whole and mighty in body and able to labour having no land master nor using any lawfull merchandize craft or mysterie whereby he might get his living be vagrant and can give no reckoning how he doth lawfully get his living that then it shall be lawfull to the Constables and all other the Kings officers ministers and subjects of every Towne Parish and Hamlet to arrest the said Vagabonds and idle persons and them bring to any of the Iustices of
alledged by the defendant whereupon the issue in every such Action shall be joyned to be tryed by verdict of twelve men and upon the tryall of that issue the whole matter to be given on both parties in Evidence according to the very truth of the same and after such issue tryed for the defendant or nonsuite of the plainetiffe the sad defendant shall recover treble damages by reason of his wrongfull vexation in that behalfe with his costs also in that part sustained and that to be assessed by the same Iury or by writ to enquire of damages as the same cause shall require And it is further enacted that the Iustices of Assize in their severall circuits shall have full power to enquire of all defects defaults and negligences of any Iustice of peace or any other officer person or persons whatsoever in the not due execution of this Law and also of all offences done contrary to the intent and true meaning thereof and to punish the same by fyne or imprisonment or otherwise according to their discretions Suretie for the peace CHAP. 56. 1. Dalton 140. SUretie for the peace is the acknowledging of a Recognisance or bond to the King taken by a competent Iudge of Record for the keeping of the peace and it is called surety of the word securitas because the party that was in feare is thereby the more secure and safe 2. This surety for the peace F. N. B. 7. 9. h. Lamb. 77. every Iustice of peace may take and command in two manners or by a twofold authority 3. First as a Minister commanded thereto by a higher authority as when a writ of supplicavit directed out of the Chancery or Kings Bench is delivered to his hands upon this writ that Iustice of peace only to whom such writ was delivered is to direct his warrant to cause the party to be brought before him alone to finde sureties for the peace and therein the said Iustice is to doe in every behalfe according as the writ doth direct him 4. Secondly as a Iudge and by vertue of his office and of his owne power derived from his Commission he may command this surety of the peace to be found and that either of his owne motion and discretion or else at the request or prayer of another 5. The Iustice of peace upon his owne motion and discretion may if he see cause command surety for the peace to be found or may bind a man to the peace and that against all the Kings subjects Vpon discreton Dalton 141. if the Iustice shall so thinke fit in these cases following 6. One that maketh an assault or affray upon the Iustice of peace himselfe the Iustice of peace may commit him to prison 5. H. 7. 6. till he hath found sureties for the peace or if he please for the good behaviour 7. So of such as in his presence shall make an affray upon another P. R. 18. 19. or shall stricke or assault or offer to stricke another 8. So he may doe of such as in his presence and hearing shall threaten to kill beat or hurt another or to burne his house 9. So likewise may he doe of such as in his presence shall contend in hot words P. R. 1â— for from thence oftentimes doe ensue affrayes and batteries and sometimes mischiefes yea manslaughters and murders See Cromp. 761. 142. P. R. 4. 10. So also may he doe of such as shall in his presence goe or ride armed offensively or with an unusuall number of servants or attendants for these are accompted to be in affray and feare of the people and a meanes of the breach of the peace so of servants and labourers that shall beare any weapons contrary to the statute of 20. R. 2. ca. 1. 9. Ed. 4. 3. P. R. 18. 11. Also he may binde to the peace any other person by him suspected to be inclined to the breach of the peace 12. If out of the presence of the Iustice of peace any man shall threaten to kill Cromp. 135. 143. P. R. 22. maime or beate another or doe attempt or goe about to doe it then any Constable being present or at the prayer of the other party may arrest such offendor to come before a Iustice of peace to finde sureties for the peace Fit bar 202. and the Iustice may bind him to the peace 13. If any Constable shall perceive any other persons in his presence 14. H. 7. 7. to be about to breake the peace either by drawing weapons or by stricking or assaulting one another or by assaulting the Constable himselfe he may take assistance and carry them all before the Iustice to finde sureties for the peace and the Iustice may bind them accordingly and for default of sufficient sureties the Iustice of peace may commit them to the gaole untill they finde such security 14. If the Constable shall learne that certaine persons be fighting or quarrelling in a house P. R. 22. he may breake open the doores and arrest them and bring them before a Iustice of peace to finde surety of the peace and the Iustice may bind them to the peace or in default of such sureties commit them to the gaole Dalton 141. 15. Yea the Iustice of peace either upon his owne discretion or upon any mans complaint may make his warrant for any such as have made an affray though out of his presence and may bind them to the peace or commit in default of sufficient sureties 16. If one hath received a wound the Iustice of peace may take surety of the peace of the one See Br peace 21. and the other by his discretion untill the wound be cured and the malice be over Popham the Lord chiefe Iustice of England an honourable and grave Iudge did accordingly betweene Iames and Benton at Cambridge Assizes 3. Iacobi 17. All such as shall goe or ride armed offensively in faires markets 2. Ed. 3. ca. 3 or elsewhere or shall weare or carry any guns daggs or pistols charged Dalton 142. in disturbance of the peace or terror of the people any Constable seeing this may arrest them and may bring them before any Iustice of peace and the Iustice may bind them to the peace yea though those persons were so armed or weaponed for their defence for they might have had the peace against the other persons whom they feared and besides it striketh a feare and terrour in the Kings subjects 18. Also the Iustice of peace upon his discretion may bind to the peace a common Barretor Ibid. and so he may Riotters 19. If he that standeth bound to keepe the peace hath broken 21. Ed. 4. 40. or forfeited his recognisance the Iustice of peace ought and may of his discretion to bind him anew but that must not be done untill the party be convicted of the breach of the peace upon his recognisance for before his conviction it resteth indifferent
or for vexation only Ibid. without any just cause of feare it seemeth he may safely deny it as in common experience we finde it that where A. shall upon just cause come and crave the peace against B. and hath it granted to him when B. shall come before the Iustice B. likewise will crave the peace against A. and will perhaps surmise some cause but yet will neverthelesse be content to surcease his suit and demand against A. so as A. will relinquish to have the peace against him here the Iustice of peace shall doe well as I thinke not to be too forward in granting the peace thus required by B. but to perswade with him and to shew him the danger of his oath which he is to take but yet if B. will not be perswaded but will take his oath that he is in feare where indeed he neither doth feare nor hath cause to feare the Iustice may if he please upon such oath to grant the peace and this oath shall discharge the Iustice and the fault shall remaine upon the party but in such case I thinke it better discretion in the Iustice to forbeare taking of such oath and the security for the peace then to grant it 39. The Law hath conceived such an opinion of the peaceable disposition of noble men Noble men that it hath beene thought enough to take one of their promisses upon his honour that he would not breake the peace against a man Br. contempts 6. 24. Ed. 3. 3. and 17. Ed. 4. 4. 40. And therefore if a man shall have cause to have the surety of the peace against a Lord of the Parliament or such great and noble personage he shall not have a warrant from the Iustices of peace to that purpose nor yet have a supplicavit out of the Chancery directed to the Iustices of peace therefore but if there be cause he may have a Sub poena out of the Chancery of common right as it seemeth and there such Lord or noble man shall be bound to the peace and yet if such Lord will not appeare upon the Sub poena served Fitz. subp 20. it seemeth an attachment will lye against him upon such his default Master Cromp. fo 134. b. saith that it was held in the case of the Lord Cromwell in the Chancery about 18. Eliz. that an attachment lieth not against a Lord where he maketh default upon a Sub poena against him out of the Chancery Dyer 315. seemeth to accord but I conceive that this opinion is no Law but that for a personall contempt in a noble man an attachment lyeth or he may be fined by the Court for his contempt Co. 6. 53. 54. 11. H. 4. 15. Br. Rep. 19. 41. But though it be true that the persons of Barons who are peeres of the Parliament shall not be arrested for or in cases of debt or trespasse by their bodies first in respect of their dignity secondly that the Law presumeth that they have sufficient lands and tenements wherein they may be distrained yet in cases of contempt it seemeth they may be arrested by capias or attachment c. Fitz. subp 20. 42. Or else it seemeth that the party may crave the peace in the Chancery against such Lord or peere sc to have a supplicavit directed to the Sheriffe and that the Sheriffe may and ought to execute the same and that if the Sheriffe shall not doe his office therein an alias plur attachment lieth against him F.N.B. 79. g. and if the Sheriffe shall returne that such Lord is puissant that he cannot arrest him upon such return the Sheriffe shall be grievously amerced for he might have posse comitatus sc he might have levyed 300. men by his discretion if there had beene need Crom p. 134. to have aided him in such case and if such Lord or peere who is by the Sheriffe so arrested shall refuse the arrest and shall make a rescous whereupon the Sheriffe shall returne a rescous hereupon an attachment shall be granted out against such Lord to arrest and take his body for such his contempt Co. 6. 52. 53. 43. The same Law and remedy seemeth to be where a man hath cause to have the surety of the peace against a Dutchesse Countesse or Baronesse for they are Peeres of the Realme and shall be tryed by their peeres although in respect of their sexe they cannot sit in parliament and they are in the same degree as concerning their nobility and the priviledges incident to their dignities with Dukes Earles and Barons but here note this diversity sc if such a woman being a Countesse or Baronesse c. by marriage only shall marry againe under the degree of nobility she hath thereby lost her name of dignity together with the priviledges of her said nobility also as it seemeth for in such a case si mulier nobilis nupserit ignobili deserit esse nobilis Co. ibid. and that which was gotten by marriage may also be lost by marriage for eodem modo quo quid constituitur dissolvitur but if shee be noble by birth or discent whomsoever shee shall marry yet she remaineth noble for birthright est character indelebilis 44. And yet by the curtesie of England if women get to any degree of estate they never lose it by marriage but doe still take place according to the estate of their first husband but this matter of curtesie hath no place in legall proceedings Dalton 146. 45. Suretie of the peace may be granted by the Iustice of peace against a Knight and against all other lay persons being under the degree of a Baron or peere of the Realme and they shall be bound with sureties 26. H. 6. 23. Br. Maigne 14. 15. 46. Ecclesiasticall persons if they be not attending upon divine service may be arrested for the peace and they shall be bound with sureties but whilst they are doing any divine service in the Church Churchyard or other place dedicated to God they may not be arrested 5. Ed. 3. 5. P. Arrests 1. See the stat 1. R. 2. cap. 15. 47. Surety of the peace may be granted against the Sheriffe Dalton 146. Coroner Escheator and other such officers of Iustice but Master Marrow adviseth that such persons be not bound versus cunctum populum but only against such person as shall demand it least otherwise it should argue them unworthy of their offices 48. One Iustice of peace may grant this surety to any man Dalton 146. Lambert f. 80. against one of his fellow Iustices but great discretion is herein to be used otherwise he shall bring the office into contempt and himselfe to reproofe by it saith Master Lambert but although one Iustice of peace may take a recognisance of the peace of one of his fellow Iustices yet if his fellow Iustice shall refuse to finde such security I cannot conceive that the Iustice of peace may commit his fellow Iustice for
to prison thereto remaine untill he shall finde sureties and yet the writ of supplicavit is to commit the party to the gaole if he shall refuse before the Iustices si coram vobis vel te recusaverit but the Iustice or Sheriffe cannot give their power to another to take this surety for that is a judiciall power which cannot be assigned over neither can they make any Deputy therein but they must take this surety themselves Br. office 39. 11. If the party shall make resistance upon the execution of this writ it seemeth the officer may take posse comitatus to aid him to arrest such party 12. F.N.B. 80. d. He that is to be bound to the peace by force of this writ of supplicavit out of the Chancery is to bee bound against him only that sueth out the writ as appeareth by the forme of the writ aforesaid 13. But yet at this day it is used otherwise Dalton p. 165. and Master Dalton saith that he once received out of the Chancery a speciall writ of supplicavit directed custodibus pacis ac vic eorum cuilibet commanding them to take sureties of the peace to be bound quod ipse damnum vel malum aliquod alicui de populo nostro precipuè eidem Ioh. c. that sued out the writ non fac nec fieri procurabit c. 14. Also by this writ of supplicavit the party against whom the writ is sued forth shall be bound to the peace for ever if he be taken for the writ containeth or mentioneth not that he shall be bound to keepe the peace untill any certaine time but generally ad sufficientem securitatem inveniend sub poena c. and therefore to prevent this the party before he be attached may come into the Chancery and there finde sureties and be bound untill a certaine day that he shall doe no hurt unto the party that sued forth the supplicavit and thereupon he shall have a supersedeas out of the Chancery directed to the Iustices of peace and to the Sheriffe commanding them to surcease to arrest the said party or to compell him to finde any sureties c. and that if they have arrested him for this cause and none other that then they deliver him c. Fitz. 81. a. F.N.B. 81. 2. Cromp. 144. 15. And if the party against whom this writ is sued forth cannot travell or else will not travell to bind himselfe in the Chancery then he may cause some of his friends to be bound for him or to finde sureties in the Chancery for him according to the supplicavit and thereupon they may purchase for him a supersedeas directed to the Iustices of peace and to the Sheriffe and by this supersedeas the Iustice and Sheriffe shall be commanded to take also surety of the party himselfe in the County according to the writ of supplicavit that he shall keepe the peace c. 16. Also if the party happen to be arrested and imprisoned upon this writ yet if he can procure a supersedeas out of the Chancery it seemeth by the words in the end of the supersedeas that this will discharge him of the arrest or imprisonment 17. Note after the party is arrested and imprisoned upon this writ the meanes for him to procure a supersedeas out of the Chancery must be 18. Either to get some of his friends to be bound in the Chancery for him and they to get a supersedeas ut supra 19. Or else to get a certificate to the Lord Chancellor from 3. or 4. Iustices of peace in his behalfe 20. This writ of supplicavit is granted or to be granted in the Chancery or Kings Bench F.N.B. 79. h. upon great cause shewed and proved there and is or ought to be granted upon oath that the party is in feare c. of some bodily hurt c. Co. 8. 37. 21. And it is to be wished that in the granting thereof great care be taken for oftentimes this writ of supplicavit is procured and gotten out rather of malice and for vexation then upon any needfull and just cause and Sir Edward Coke speaking of such as malitiously shall purchase out any such speciall supplicavit or latitat of the peace and that by fraud and malice to inforce the other party ad redemendam vexationem to give them money or to yeild the other composition brandeth them as Barreters and notable oppressors of their neighbours oppressing the poore and innocent by colour and countenance of Law which was ordeined to protect the innocent from all oppression and wrong neither is this a wrong only to the party thus malitiously vexed but also to all the Iustices of peace resident in that County taxing them tacite as though the demandant could not have Iustice at their hands in such a case whereas perhaps the demandant never demanded the same at any of their hands and besides the Iustices of peace having in all likelihood knowledge of each party and of their behaviours or any one of them might and would no doubt yea and ought to have yeelded the demandant upon request and just cause shewed to them as sufficient and good surety in the Countrey every way See more before in this title as I conceive it for his safety as namely as many and able sureties and better knowne and to have beene bound in as great summes and for as long time if the case should require so as what should move them to seeke with more trouble charge and delay to themselves that security above which they may have more speedily and with lesse charge and trouble at home I see not but onely or chiefely the vexing and oppressing of their neighbours aforesaid and for that this manner of oppressing beginneth to grow over common therefore I thought it not amisse here to observe what remedy the Iustices of peace in the Countrey by some opinions may by their discretion yeild to their innocent neighbours against whom for vexation onely such a writ shall be malitiously procured scilicet 22. Where one hath procured a supplicavit out of the Chancery or Kings Bench against another if he hath not before demanded this surety of the peace at the hands of some Iustice of peace in the Countrey or that the party against whom he hath procured the supplicavit be one of such condition and sort as that in likelihood the Iustices of peace in the Countrey will not deny to grant such surety against him then if three or foure of the next Iustices of peace in the Countrry shall certifie to the Lord Chancellor if the supplicavit proceeded out of the Chancery that the party plainetiffe never demanded the peace in the Countrey and further that the plainetiffe is a contentious man and the other party of good fame upon such certificate as is said they will discharge the party or grant a supersedeas 23. Note to conclude this businesse if the surety of the peace be taken by vertue of a
the yeare saving onely betweene Easter and Ascention day 2. All such strangers or persons suspected as shall in the night time passe by the watchmen appointed thereto by the towne Constable or other officer may bee examined by the said watchmen whence they come and what they be and of their businesse Winch. 13. Ed. 1. ca. 4. 5. Ed. 3. ca. 14. c. and if they finde cause of suspition they shall stay them and if such persons will not obey the arrest of the watchmen the said watchmen shall levie Huy and Cry that the offendors may bee taken or else they may justifie to beat them for that they resist the peace and Iustice of the realme and may also set them in the stockes for the same untill the morning and then if no suspition be found the said persons shall be let goe and quit but if they finde cause of suspition they shall forthwith deliver the said persons to the Sheriffe who shall keepe them in prison untill they be duely delivered or else the watchmen may deliver such persons to the Constable and so to convey them to the Iustice of peace by him to be examined and to be bound over or committed untill the offendours be acquitted in due manner Waxe CHAP. 70. 11. H. 6. ca. 12. 1. EVery Iustice of peace may examine and search by his discretion such as doe sell or set forth to bee sold any Candles or other workes of Waxe at higher price then after the rate of iiij d the pound over the common price of plaine waxe betweene Merchant and Merchant and may punish them by forfeiture of the worke or value thereof and by fine to the King Weights and Measures CHAP. 71. 1. BY a statute made in England in anno 9. H. 5. ca. 8. the Iustices of peace have power to take and imprison all falsifiers and Counterfeiters of false weights and to hold them in prison without mainprise untill they be acquitted or attainted and if they be attainted their bodies shall abide in prison untill they have made fynes and Ransomes at the discretion of the said Iustices 2. By another statute made in England in anno 34. E. 3. ca. 6. Iustices of peace have power to enquire of weights and measures and to punish the offendors and therefore it is necessary for them to know what weights and measures by the lawes and statutes of force in this Kingdome ought to be observed 9. H. 3. 26. Weigâ—â— 3. By the statute of Magna charta capitulo 26. there shall be but one weight one measure and one yard throughout the whole realme scil according to the Kings Standard in the Exchequer and this statute of Magna charta hath since herein been confirmed by many severall Parliaments viz. by the statutes of 14. Ed. 3. ca. 12. 27. Ed. 3. 10. 13. R. 2. 9. 8. H. 6. 5. and 7. H. 7. ca. 3. as thereby appeareth 4. And yet notwithstanding all these statutes there alwayes hath been two kinds of Weights used in England and both warrantable the one by law and the other by Custome as it seemeth but they are for severall sorts of wares or commodities for there is Troy weights and Averdepois Dalton fo 123. 5. Troy weight is by Law and thereby are weighed gold silver pearle pretious stones electuaries bread wheat and all manner of graine or Corne is measured by Troy weight and this hath to the pound 12. ounces or twenty shillings old ster weight which is three pound of the money now currant 6. Averdepois weight is by Custome yet confirmed also by statute and thereby are weighed all grossery wares phisicall drugges 27. Ed. 3. ca. 10. Butter Cheese flesh waxe pitch Tallow Woolls Hempe Flaxe Iron Steele Lead and all other commodities not before named but especially every thing that beareth the name of Garbell and whereof issueth a refuse or waste 7. And this hath to the pound sixteene Ounces or 25. s. old sterling weight Also in this Averdepois weight unto every hundred is allowed twelve pounds weight 27. Ed. 3. 10. 8. Also all manner of Averdepois shall bee weighed by lawfull weights sealed according to the Standerd of the Eschequer Averdepois Averdepois weight 14. ounces and an halfe and 2. pence weight Troy doe make 16. ounces of Averdepois 7. pounds or pints Averdepois make the Gallon of Wheate c. 14. pounds or pints Averdepois make the Pecke of Wheate c. 56. pounds or pints Averdepois make the Bushell of Wheate c. Pints or pounds 5120 512 256 64 16 8 4 Troy weight Quarts 2560 256 128 32 8 4 2  Pottles 1280 128 64 16 4 2 1  Gallons 640 64 32 8 2 1  Measures of Corne according to Troy weight Pecks 320 32 16 4 1   Bushels 80 8 4 1    Coombes 20 2 1      Quarters 10 1 Ten Quarters of corne is a Last   Beere measures Ale measures  Pints 288 144 72 8 4 2 256 128 64 8 Measures of Beere Ale Quarts 144 72 36 4 2 1 128 64 32 4 Pottles 72 36 18 2 1  64 32 16 2  Gallons 36 18 9 1   32 16 8 1  Firkins 4 2 1    4 2 1   Kilderkins 2 1     2 1    Barrels 1      1     See for Corne Beere and Ale more fully in that which followeth Troy Weight 15. H. 3. 32. Wheat Cornes taken in the midst of the Eare weigheth 1.d sterling Twenty pence old sterling make the ounce Troy 12. Ounces make in weight j. li. Troy measure j. pint Two pints or pounds make the quart Two quarts make the Pottle 8. pints make the Gallon 4. quarts make the Gallon 2. Pottles make the Gallon Eight quarts make the Pecke 64. pints 32. quarts 8. gallons 4. peckes make the Bushell or Firkin Sixteene gallons Two Firkins make the Kilderkin halfe Barrell Rondlet 256. pints 128. quarts 32. gallons 4. firkins 2. kilderkins 4. bushels make the Coombe or Barrell 512. pints 256. quarts 64. gallons 8. firkins 4. kilderkins 2. barrels 8. bushels make the Quarter or Hogshead So the Pint and pound Firkin and bushell Barrell and coombe Hogshead quarter are of like content Measures of Corne. Bushell 1. ALl kind of Corne and graine is measured by Troy weight 2. By statute the bushell must containe eight gallons or sixty foure pounds or pints of wheate 31. Ed. 1. 3. And yet by the booke of the Assise imprinted Anno Domini 1597. the bushell is to containe 56. pounds or pints of Averdopois weight which is three pounds or three pints and eight ounces Troy more then the statute or Troy weight for 56. pounds or pints Averdepois weight and 67. pounds 8. ounces Troy weight doe justly agree Also every measure of Corne shall be stricken without heape and all purveyance shall be by
make diligent search for the body of O.D. late of E. in the County aforesaid labourer and him so found to attach and arrest and presently without delay to bring him before me at my house in Dale in the said County to answere to such matters as on his Majesties behalfe shall be objected against him hereof you may not faile at your perill Sealed with my seale and dated c. 18. And in all cases where the prisoner is baileable which you may finde in the Chapter of Baile and Mainprise the prisoner may be bailed by two Iustices of peace whereof one to be of the Quorum the forme of which baile may be as followeth viz. Memorand quod vicessimo die mensis Iulij Anno Regni Domini nostri Caroli Dei gratia Angliae Scotiae Franciae Lovid Hiberniae regis fidei defensoris c. coram nobis A. B. C. D. duobus Iusticiariorum dicti Domini Regis ad pacem ejusdem Domini Regis in per totum Comitat. Lovidiae predict conservand apud Dale in Comitatu praedict venerunt E.F. G.H. de I. in comitatu predicto Yeomen ceperunt in ball usque ad proximam gaolae deliberationem in dicto comitatu tenend quendam L. M. de N. Labourer captum detentum in prisona pro suspitione cujusdam feloniae c. assumpserunt super se scil quilibet predictorum E. F. G. H. sub poena vigint librarum bonae legalis monetae de bonis Catallis terris Tenementis eorum quorumlibet cujuslibet eorum ad opus dicti Domini Regis heredum successorum suorum levandurum si prefatus L.M. ad eandem proximam gaolae deliberationem personaliter non comparebit coram Iusticiarijs dicti Domini Regii ad dictam gaola deliberationem assignat ad standam rect de felonia predicta ad respondendum dicto Domino Regi iunc ibidem de super omnibus quae illi objicientur Datum sub sigillis nostris die et anno supradict Or thus if the prisoner be indicted Memorand quod secundo die mensis Septembris anno Regni Domini nostri Caroli dei gratia Angliae Scotiae Franciae Hiberniae Lovid Regis fidei defensor coram nobis A.B. C.D. armigeris duobus Iusticiariorum dicti Domini Regis ad pacem in Comitat. predict conservand apud E. in Com. predict venerunt F.G. de H. I.R. de L in com predict manuceperunt pro R. B. de L. in Com. predict gener viz. quilibet eorum corpus pro corpore quod idem R. B. personaliter comperebit coram Iusticiarijs dicti Domini Regis ad gaolam deliberand assignatis ad proximam gaolae deliberationem in Com. predict tenend ad standum recte in Curia si quis versus eum loqui voluerit de diversis felonijs transgressionibus unde Idem R.B. indictatus existit ut dicitur ad respond dicto dom regi de ijsdem prout debet datum sub sigillis nostris c. 19. Note that upon this last president the mainperners shall be fyned at the discretion of the Iustices if the prisoner make default to appeare 20. These bailes must be returned by the Iustices of peace at the next gaole delivery or otherwise they are fyneable The forme of the warrant to enlarge the prisoner that is bailed as aforesaid may be thus 21. Lovid A. B. and C. D. two of his Majesties Iustices of peace in the County of Lowth To the keeper of his Majesties gaole of the said County greeting Forasmuch as R. B. of c. labourer hath before us found sufficient mainprise to appeare before the Iustices of the gaole delivery at the next generall gaole delivery to be holden in the said County there to answere to such things as shall be then on the behalfe of our said soveraigne Lord objected against him and namely to the felonious taking of two sheep of the goods of I.S. for the suspition whereof he was taken and committed to the said gaoler Wee command you on the behalfe of our said soveraigne Lord that if the said R.B. doe remaine in your custody for the said cause and for none other then you forbeare to grieve or retaine him any longer but that you deliver him thence and suffer him to goe at large whereof you may not faile at your perill given under our seales the 20. day of c. Forceible Entries c. 22. Concerning forceible Entries and forceible detainers any one Iustice of peace to whom complaint shall be made ought to view the force and if at his comming he finde the possession held by force he must remove the force and to that end he may take to his assistance the Sheriffe of the County and so many others as he shall in his discretion thinke fit for this service and he must also send to prison all such as he findes upon his view committing the force or holding by force and must make a record of the same which record must remaine amongst the records of the peace or else be certified into the Kings Bench which may be done without any Certiorari The forme of the Record of a force may be thus Com. Dublin 23. Memorandum quod octavo die mensis Ianuarij anno Regni Domini nostri Caroli Dei gratia Angliae Scotiae Franciae Hiberniae Regis c. questus est mihi Iohanni Stile armigero uni Iusticiariorum dicti Domini Regis ad pacem in dicto comitatu Dublin conservandam assignatorum quidam A.B. de Killmainham in dicto Com. Yeoman quod C. D de Killmainham predict nonnulli alij pacis dicti Domini Regis preturbatores ignoti in domum mansionalem ipsius A.B. in Killmainham predict manuforti ingressi sunt ipsum A.B. inde disseisiverunt ac eandem manuforti et armata potentia adhuc tenent ac proinde petijt à me sibi in hac parte remedum apponi quaquidem quaerimonia et petitione audita ego prefatus Iohannes Stile ar immediatè ad dictam domum mansionalem personaliter accessi ac in eadem domo adtunc inveni prefatum C.D. et quosdam E.F. et G.H. c. domum illum vi et armis manuforti et armata potentia viz. arcubus et sagittis gladijs pugionibus et alijs armis tam offensivis quam defensivis contra formam statuti in Parliamento Domini Richardi nuper Regis Angliae secundi anno Regni sui xv to tento provisi ac contra formam diversorum aliorum statutorum in hujusmodi casu editorum et provisorum ac proptereà ego prefatus Iohannes Stile predict C.D.E.F. et G.H. adtunc et ibidem arrestavi proximoque gaoli dicti Domini Regis apud Killmainham predict in dicto Com. duci feci ut de dicta manuforti tentione per visum et Recordum meum convictos ibidem morituros quosque fines dicto Domini Regi pro
trangressionibus suis predictis fecerint datum apud Sale in Com. predicto sub sigillo meo die Anno supradictis The forme of the Mittimus to the Gaoler may be thus 24. Com. Dublin Iohn Stile Esquire one of the Iustices of peace of our soveraigne Lord the Kings Majestie within his said County of Dublin to the keeper of his Majesties gaole in the said County and to his Deputy and Deputies there and to every of them greeting Whereas upon complaint made to me this present day by A.B. of Killmainham in the said County Yeoman I went immediately to the dwelling house of the said A.B. in Killmainham aforesaid and there found C.D.E.F. and G.H. of Killmainham aforesaid Labourers forceibly and with strong hand and armed power houlding the said house against the peace of our said soveraigne Lord and against the forme of the statute of Parliament thereof made in the fifteenth yeare of the Raigne of our late King Richard the second therefore I send you by the bringers hereof the bodies of the said C.D. E.F. and G.H. convicted of the said forceible houlding by my owne view testimony and record commanding you in his Majesties name to receive them into your said Gaole and there safely to keepe them untill such time as they shall make their fynes to our said soveraigne Lord for the said trespasses and shall be thence delivered by the due and orderly course of Law whereof faile you not upon the perill that may ensue thereof Given at Dale under my seale the day of c. Upon this recording of the force the Iustice of peace may not restore the possession to the party that was put out without first making enquiry by a Iury and to that end he must make a precept to the Sheriffe in nature of a venire facias The forme of the precept may be thus 25. Iohannes Stile armiger unus Iusticiariorum Domini Regis Com. Dublin ad pacem in Com. Dublin conservandam assignatorum vicecomiti ejusdem Com. salutem ex parte dicti Domini Regis tibi mando precipio quod venire facias coram me apud Swords in Com. predict vicessimo die Septembris proximo futuro viginti quatuor probos sufficientes legales homines vicineto de Dale in Com. pred quorum quilibet habeat quadragint solidos terr tenementorum vel redditum per annum ad minus ultra reprisas ad inquirendum super sacramentum suum pro dicto Domino Rege de quodam ingressu manuforti facto in unum messuagium cujusdam A.B. apud Dale predictum contra formam statuti in Parliamento Domini Henrici nuper Regis Angliae Sexti Anno Regni sui octavo tento aliorum statutorum in hujusmodi casu provis ut dicit videas quod super quemlibet Iuratorum per te in hac par te impanilandorum vigint solidos de exitibus ad prefatum diem returnes hoc nullatenus omittas sub poena vigint librarum quam noveris te incursum si in executione premissorum tepidus aut remissus fueris habeas ibi tunc hoc preceptum Teste me prefato Iohanni Stile primo die Septembris Anno Regni Domini nostri Caroli Dei gratia Angliae Stotiae Franciae Hiberniae Regis fidei defensor c. If upon the returne of this precept a full Iury doe not appeare an alias may be awarded and after that a pluries infinite till they come but so that at the day of the returne of the second precept there must be returned 40 s in Issues upon every Iuror that makes default and at the returne of the pluries 5.l and at every day after the issues are to be doubled untill a full Iury appeare and after that a full Iury hath appeared the Iustice of peace must sweare twelve or more of them and give them in charge to enquire of that particular forceible Entrie or detainer The Enquiry or verdict of the Iurors may be thus Com. Dublin 26. Inquisitio pro Dom. Rege capta apud Swords in Com. Dublin vicessimo die Septembris Anno Regni Domini nostri Caroli Dei gratia Angliae Scotiae Franciae Hiberniae Regis fidei defensoris c. per sacramentum A. B.C.D.E F. c. and so name all the Iurors that are sworne coram me Iohanne Stile Ar. uno Iusticiariorum dicti Domini Regis ad pacem in dicto Comitatu conservandam nec non ad diversa felonias transgressiones et alia malefacta in eodem Comitatu perpetrata audiendum et terminandum assignat Qui dicunt super sacramentum suum predictum quod C.D. de Swords predict Yeoman diu legitime et pacifice sesitus fuit in dominico suo ut de feodo de et in uno messuagio c. cum pertinentijs in Swords predict et possessionem ac seisinam suam predictam sic continuavit quosque A.B. de Swords predict Yet these words vi armis here seeme to be needlesse being necessarily implyed in the word manuforti Yeoman et alij malefactores ignoti primo die Septembris ultimo elapso vi et armis viz. baculis gladijs arcubus et alijs armis tam offensivis quam defensivis in messuagium predictum et ceteris premissis intraverunt ac ipsum C.D. inde deseisiverunt et manuforti expulerunt et eundem C.D. sic disseisitum et expulsum ab eodem messuagio c. Ã predicto primo die Septembris usque ad diem captionis hujus Inquisitionis cum hujusmodi fortitudine et potentia armata extra tenuerunt et adhuc extra tenent in magnam pacis dicti Domini Regis perturbationem ac contra formam statuti in hujusmodi casu edit et provis Or thus upon the statute of 8. H. 6. And yet it seemes not best to recite the statute but shew the forcâ—ible Entrie c. and to conclude contra formam statuti in hujusmodi casu edit provis short and not at large and then â—t will referre to one or more statutes as the case requireth 27. Iurator pro Dom. Rege presentant quod cum in statuto in Parliamento Domini Henrici nuper Regis Angliae Sexti apud Westmonestarium Anno Regni sui octavo tent edit inter cetera continetur quod si aliqua persona sive aliquae personae de aliquibus terris aut tenementis manuforti expuls seu disseisit vel pacifice expellatur et postea man â—forti extra teneatur vel aliquod feoffament vel discontinuac inde post talem ingressum ad jus possessoris defraudand et tollendum aliquo modo fiat habeat in hac parte pars gravat versus talem disseisitor assisam nove disseisin vel breve transgress et si pars gravat per assisam vel per actionem transgressiones recuperet vel per veredictum vel aliquo alio modo per debitam legis formam inveniatur quod pars defendens
Kings writ issuing sometimes out of the Chancery and sometimes out of the Kings Bench and may be directed to any Court of Record or officer of Record as to a Iustice of peace Sheriffe Coroner or Escheator to be certified of any Record which is before any of them and first an alias then a pluries and lastly an attachment lyeth against them that should send it if the Record be not certified accordingly or it seemeth a sub poena is used at this day If it be returneable into the Chancery then are the words in Cancellaria nostra and if into the Kings Bench then the words are coram nobis ubicunque c. mittatis The Certiorari may be sometimes to remove Fitz. Na. Br. fo 245. and send up the Record it selfe and sometimes but onely the Tenor of the Record as the words therein be and it must be obeyed accordingly If there be variance betweene the Certiorari Plo. 393. and the Record which is to be removed the Iustices need not to certifie such Record A Iustice of peace may deliver Crompton fo 132. a. and 133. b. or send into the Kings Bench an endictment found before him or a Recognisance of the peace taken by him or a force recorded by him without any Certiorari but if a Iustice of peace having a Record with him be discharged of his office now he cannot certifie it without a Certiorari although he be made a Iustice of the peace againe See 8. H. 4. fo 5. Br. Record 64. If a Certiorari be to send up the indictment of A. in which endictment some others be endicted together with the same A. yet need not the Iustices of peace to make certificate concerning any but A. for although they be named joyntly yet be they indicted severally and the King may pardon A. without forgiving the other 6. E. 4. 5. 6. Ed. 4. fo 5. If a Certiorari shall come to the Iustices to remove an endictment and the party sueth not to have it removed but suffereth it to lye still 9. H. 7. 16. Br. Iudgement 17. yet it seemeth the Iust of peace ought ex officio to send it away because the writ containeth in it selfe a commandement to them so to doe and so is a supersedeas of it selfe to the Iust of peace to stay their other proceedings And albeit the Certiorari be a supersedeas of it selfe Fitz. Na. Br. 237. yet may the party upon the Certiorari purchased have a supersedeas also directed to the Sheriffe commanding him that he arrest him not Fitzh fo 237. in which place also he doubteth whether the Iustices of peace themselves ought not of duty to award their owne supersedeas to the same effect after that the writ of Certiorari is brought to their hands If a Certiorari come to the Iustice of peace to remove an endictment and in truth the indictment was not taken till after the date of the Certiorari yet if the endictment be removed thereby Dalton 371. it is good enough for that they both be the Kings Courts 1. R. 3. 4. and in such case it is now usuall to remove it All the higher Courts at Dublin may write to the Iustices of peace to certifie their Records that doe make for the tryall of causes in them depending as you may reade 19. H. 6. 19. where they of the common place did send to the Iustices of peace for an endictment because in a writ of conspiracy brought before them it was materiall to have it In some cases the Iustice of peace may certifie a Record by him made Dalton fo 372. or found before him out of Sessions without any writ of Certiorari therefore to him directed vide antea tit forceible Entrie In other cases he must of duty certifie the proceedings but may spare to certifie the Record untill a Certiorari come to him for it see hereof antea title Suretie for the peace For the manner of the writ of Certiorari to remove Records from one Court to another or from the Iust of peace or other officers of Record to any the higher Courts of Dublin c. there are diverse formes and sorts thereof as you may see in Fitz. Na. Br. fo 242. c. I will onely set you downe one forme for all The forme of a Certiorari out of the Chancery to certifie a Recog taken by a Iustice of peace in the Country for the keeping of the peace Iacobus Dei gratia Angliae Scotiae Franciae et Hiberniae Rex fidei defensor custodibus pacis nostrae in Com. Dublin et eorum cuilibet salutem volentes certis de causis Certiorari super tenorem cujusdam securitatis pacis vel boni gestus qua A.H. ar invenit coram vobis vel aliquo vestrum de eo quod ipse damnum vel malum aliquod R.S. vel alicui alij de populo nostro de corpore suo nec faceret nec fieri procuraret quovismodi vobis mandamus quod tenorem securitatis pacis sive boni gestus predict nobis in Cancellar nostr in octabis purificat beatae Mariae virginis prox futur ubicunque tunc fuerit sub sigill vestr vel unus vestrum distincte et apertè sine dilatione mittatis et hoc sub poena centum librarum nullatenus omittatis nec aliqu vestr omittat Teste meipso apud Dublin _____ die Novembris Anno Regni nostri c. The returne hereof See antea titulo Surety for the peace Concerning the surety of the peace When a writ of supplicavit which in old time was called breve de minis as appeareth by the Register directed out of the Chancery is delivered to a Iustice of peace he is to direct his precept or warrant to compell the party upon that writ to finde surety for the peace as appeareth by Fineux chiefe Iustice in 21. H. 7. fol. 20. the forme of which precept or warrant may be thus in English George Multon one of the Iustices of peace of our soveraigne Lord the Kings Majestie within the County of Dublin Com. Dublin to the Sheriffe of the said County and to all the high Constables of the severall baronies within the said County and to all petty Constables and all and singular other the Kings Majesties Bailiffes and other ministers aswell within liberties as without in the said County and to every of them greeting Know yee that I have received the commandement of our said soveraigne Lord the King by his Majesties writ of supplicavit in these words reciting the whole writ of supplicavit which is not alwayes of one forme because it is sometimes directed to all the Iustices of the peace sometime to them and the Sheriffe and sometimes to one Iustice alone or reciting only the effect of the supplicavit thus Know yee that I have received the commandement of our said soveraigne Lord the King by his Majesties writ of supplicavit to compell A. B. of D. in the said
County Yeoman to finde sufficient sureties for his Majesties peace by him to be kept toward C.D. of the same Towne of Dale in the said County Taylor and therefore on the behalfe of our said soveraigne Lord I command and charge you joyntly and severally that immediately upon the receipt hereof you cause the said A.B. to come before me at my house in Dale in the County aforesaid to finde sufficient surety and mainprise for the peace to be kept towards our said soveraigne Lord and all his liege people and especially towards the said C.D. and if the said A.B. shall refuse thus to doe that then you him safely convey or cause to be safely conveyed to his Majesties gaole in the said County there to remaine untill he shall willingly doe the same so that he may be before the Iustices of the peace of our soveraigne Lord within the said County at the next generall Sessions of the peace to be holden for the said County there to answere to our said soveraigne Lord for his contempt in this behalfe and see that you certifie your doings in the premisses to the said Iustices at the said Sessions bringing then thither this precept with you Given at dale under my seale the fourth day of c The forme of the Recog of the peace to be taken upon the said writ of Supplicavit Memorandum quod quarto die Iulij anno Regni Domini nostri Caroli Dei gratia Angliae Scotiae Franciae et Hiberniae Regis fidei defensoris c. Com. Dublin A.B. de E. in Com. Dublin predict Yeoman in propriae persona sua virtute brevis dicti Domini Regis de Supplicavit apud S. in Com. pred venit coram me I.L. Milite uno Iusticiar dicti Domini Regis ad pacem in dicto Com. Dublin conservandam assignatorum et assumpsit pro seipso sub poena viginti librarum et H.I. de L. in Com. predicto Yeoman et I.F. de M. in eodem Com. husbandman tunc et ibidem in proprijs personis suis similitèr vener coram me et manuceperunt pro predicto A.B. viz. quilibet eorum separatim sub poena decem librarum quod idem A.B. custodiet pacem dicti Domini Regis erga ipsum Dom. Regem et cunctum populum suum et precipuè versus C.D. de E. Yeoman et quod damnum vel malum aliquod corporale aut gravamen prefato C.D. aut alicui de populo dicti Domini Regis quod in laesionem aut perturbationem pacis ipsius Domini Regis cedere valeat quovismodo non faciet nec fieri procurabit or otherwise as the writ of supplicavit shall require quam quidem summam viginti librarum pred A.B. et quilibet manucaptorum predictorum pred seperales summas decem librarum separatìm recognover se debere dicto Dom. Regi de terris et tenementis bonis catallis quorumlibet et cujuslibet eorum ad opus dicti Domini Regis haeredum et successorum suorum fieri et levari ad quorumcunque manus devenerint si contigerit ipsum A.B. premissa vel eorum aliquod in aliquo infringere et inde legitimo modo convinci In cujus rei testimonium ego pred I.L. sigill meum apposui datum c. And this may be done also by a single Recognisance in latine with a Condition added or endorsed in english in manner following Memorandum quod _____ die c. Anno Regni c. virtute brevis Domini Regis huic Recognitioni annexat apud T. in Com. Dublin Com. Dublin predict venerunt coram me Henrico Martin Ar. uno Iusticiar dicti Dom. Regis ad pacem in Com. predicto conservandam assignat T.H. de K. in Com. predict Yeoman et I.S. de Lan eodem Com. husbandman et manuceperunt et uterque eorum separatim manucepit sub poena decem librarum legalis monetae Angliae pro W.S. de H. in Com. pred Taylor et pred W.S. assumpsit pro seipso sub poena vigint librarum consimilis monetae Angliae quas quidem seperales summas recognoverunt et quilibet eorum ut predicitur recognovit se debere dicto Domino Regi de terris et tenementis bonis et Catallis suis fieri et levari ad opus dicti Domini Regis haeredum et successorum suorum si pred W.S. deficerit in performatione conditionis infrascripti The Condition of this Recognisance is such that if the above bounden I.S. shall keepe the peace of our soveraigne Lord the King towards the Kings Majestie and to all his liege people and especially towards A.B. of C. aforesaid Yeoman that then the said Recognisance to be voyd or else c. This Recognisance of the peace being thus taken by vertue of a supplicavit the Iustice of peace being in this case but a Minister and not a Iudge must make returne of the writ and a certificate of his doing therein into the Court from whence the supplicavit did issue in this forme following viz. upon the backe of the writ of supplicavit he must write thus Executio istius brevis patet in quadam scedula eidem brevi annexa and then subscribe his name to it The schedule may be thus which must be fixt to the writ of supplicavit Ego T.F. miles unus custodu pacis Dom. Regis in Com. Dublin certifico in Cancellariam dicti Domini Regis me virtute istius brevis mihi per A.B. in eodem brevi nominat primo deliberat personaliter coram me _____ die c. apud Dale in Com. pred venire fecisse T.R. in dicto brevi nominat ac eundem T. ad sufficientem securitatem et manucaptores pacis inveniendam secundùm formam dicti brevis viz. ad pacem Domini Regis erga ipsum Dom. Regem et cunctum populum suum et precipuè c. as the writ shall appoint compulisse In cujus rei testimonium huic presenti certificationi sigillum meum apposui datum apud D. in Com. pred _____ die c. Anno Regni dicti Dom. Regis c. The like certificate may be made into the Kings Bench if the writ of supplicavit issue out of that Court mutatis mutandis And if a Certiorari be directed out of the Chancery to the Iustice of peace for removing this Recog because it was not sent up together with the certificate as there is no necessity it should be then that writ must be returned in this manner viz Upon the backe of the writ the Iustice of peace must write thus Virtute istius brevis Ego P.H. unus custodum pacis Domini Regis in Com. Dublin tenorem securitatis pacis unde infra fit mentio dicto Domino Regi in Cancellariam suam sub sigillo meo distinctè et apertè mitto prout patet in schedula huic brevi consuta And the Iustice must hereunto subscribe his name The schedule must be thus Memorandum quod vicessimo die Iulij c.
reciting the whole Recog de verbo in verbum and then conclude in cujus rei testimonium ego predictus P.H. sigillum meum apposui dat c. The like may be made into the Kings Bench mutatis mutandis if the writ issue out of that Court. If the supplicavit be against diverse and the party that prosecuteth the same will release his prayer of the peace against one of them then the release ought to be certified for him and the writ must be served for the rest or else non est inventus may be certified for him that is released and the writ served for the rest The forme of the Release may be thus Memorandum quod primo die Augusti Com. Dublin c. C.D. de E. in brevi de supplicavit huic Relaxationi annex nominat venit coram me P. H. un Iusticiar ad pacem in Com. predict conservand c. et gratis remisit et relaxavit quantum in se est securitat per ipsum coram me versus supra nominatum C.D. petitam In cujus rei testimonium ego prefatus P.H. sigillum meum apposui datum c. The forme of a supersedeas by a Iustice of peace upon a writ of supplicavit against an Infant A.B. armiger unus Iusticiar Dom. Regis Caroli Dei gratia c. ad pacem in Com. Dublin Com. Dublin predict conservandam assignatorum vicecom ejusdem Com. ac omnibus et singulis Ballivis Constabularijs ceterisque dicti Domini Regis Ministris tam infra libertat quam extra in Com. predict salut Sciatis quod breve dicti Domini Regis recepi in haec verba Iacobus c. reciting here all the writ verbatim et quia I.B. de c. I.S. de c. et prefat C.A. coram me prefato A.B. personaliter comparuer et predictus I.B. et I.S. manuceperunt pro predicto C.A. qui infra aetatem 21. annorum existit viz. quilibet manucaptor predictor in 20. l. quas recognover se deber dicto Domino Regi ac concess de terris et tenementis bonis et catallis suis ad opus dicti Domini regis levand viz. quod predict C.A. damnum vel malum aliquod alicui de populo dicti Domini Regis de corpor suis vel de incendio domor suarum non faciet nec fieri procurabit quevismodo ideo ex parte dicti Domini regis vobis et cuilibet vestrum mando quod de coarctan aut attachand dictum C.A. ad inveniendam aliquam securitatem pacis per ipsum observand erga dict Dom. Regem et cunctum populum suum seu alicui de eodem populo suo coram vobis seu aliquo vestrum inveniend supersed seu supersed fac omninò si ipsum C.A. occasione predict non alia ceperitis seu capi mandaveritis in prisona ipsius Dom. regis sub custodia vestra detineritis tunc ipsum à prisona in qua detinetur sine dilatione deliber fac Teste me praefat A.B. 20. die Novembris Anno regni dicti Dom. regis c. A Iustice of Peace may also by vertue of his office and as he is a Iudge command this surety to be found and this hee may doe either of his owne motion and discretion or else at the request and prayer of another When it is at the Prayer of another he may make out his precept or warrant in this forme following Charles by the grace of God King of England Scotland France and Ireland Defendor of the Faith c. To our Sheriffe of the County of Dublin Com. Dublin the Constable of the Barony of Castleknock and to all and singular our Bailiffes and other our ministers in the said County aswell within liberties as without greeting Forasmuch as A. B. of Kilmainham yeoman hath personally come before George Bring of the said Towne Esquire one of our Iustices of the peace within the said County and hath taken a corporall oath that hee is afraid that one C.D. of Killmainham in the said County yeoman will beat maime wound or kill him or burne his houses and hath therewithall prayed surety of the peace against the said C. D. Therfore we command and charge you joyntly and severally that immediately upon the receipt hereof you cause the said C.D. to come before the said G.B. or some other of our Iustices of the said County to finde sufficient sureties and mainprise aswell for his appearance at the next quarter Sessions of our peace to be holden in the said County as also for our peace to be kept towards us and all our liege people and chiefly towards the said A.B. that is to say that he the said C.D. shall not doe nor by any meanes procure or cause to be done any of the said evils to any of our said people and especially to the said A. B. And if the said C.D. shall refuse thus doe that then immediately without expecting any further warrant you him safely convey or cause to be conveyed to our common gaole in the said County there to remaine untill he shall willingly doe the same so that he may bee before our said Iustices at the said next generall Sessions of the peace to be holden in the County aforesaid then and there to answere unto us for his contempt in this behalfe And see that you certifie your doing in the premisses to our said Iustices at the said Sessions bringing then thither this precept with you witnesse the said G.B. at Killmainham aforesaid the fourth day of August c. The like warrant may be in the name of the Iustice of peace himselfe in this forme following viz. A. B. Knight Com. Dublin one of the Iustices of the peace of our Soveraigne Lord the King within the County of Dublin To the Sheriffe of the said County To the Constable of the Barony of C. and all other Constables Bailiffes and other his Majesties officers in the said County aswell within liberties as without greeting Forasmuch as B.A. the wife of W.A. of D. in the said County Labourer hath required suretie of the peace against T.B. of the said Towne of D. Butcher and withall hath taken her corporall oath before me that shee requireth the same not for any private malice hatred or evill will but simply that she is afraid of her life or the hurting or mayming of her body or the burning of her houses These are therefore to will and require you and in his Majesties name to charge and command you that immediately upon the sight hereof you or one of you require the said T.B. to come before me or some other of the Kings Majesties Iustices within the said County to finde sufficient sureties aswell for the appearance at the next generall quarter Sessions of the peace to be holden for the said County as also that the said T.B. shall in the meanetime keepe the Kings Majesties peace aswell towards his said Majestie as towards all his liege people and especially
towards the said B.A. and if he shall refuse so to doe that then immediately you doe arrest and convey the said T.B. or cause him to be conveyed to his Majesties gaole of the said County there to remaine untill he shall willingly doe the same and see that you certifie your doings in the premisses to the Iustices at the said Sessions and have you there this warrant dated at c. The forme of the Recognisance of the peace may be thus Memorand quod die Anno regni Domini nostri Caroli Dei gratiâ c. R. P. de E. in Com. Dublin praedict Yeoman Com. Dublin in propria persona sua apud F. in Com. praedict venit coram me Rogero Thorneton Armigero uno Iusticiar dicti Domini Regis ad pacem in dicto Comitat. conservandam assignat assumpsit pro scipso sub poena viginti librarum Et H.I. de L. in Com. praedicto Yeoman M.N. de c. Husbandmen tunc ibidem in propriis personis suis similiter venerunt manuceperunt pro predicto R.P. viz. quilibet corum separatìm sub poena decem librarum quod idem R.P. personaliter comperebit coram Iusticiariis dicti Domini Regis ad pacem ad proximam generalem Sessionem pacis in Com. predict tenend ad faciend recipiendum quod ei per Curiam tunc ibidem injungetur quod ipse interim pacem dicti Domini regis custodiet erga ipsum Dominum regem cunctum populum suum praecipuè versus M.N. de D. praedict Yeoman quod damnum vel malum aliquod corporale aut gravamen praesato M.N. aut alicui de populo dicti Domini Regis quod in laesionem aut perturbationem pacis ipsius Domini regis seu praefati M. cedere valeat quovismodi non faciet nec fieri procurabit quam quidem summam viginti librarum praedictus R.P. quilibet manucaptorum praedictorum predictas seperales summas decem librarum recognoverunt se debere dicto Domino Regi de terris tenementis bonis Catallis suis quorumlibet cujuslibet eorum ad opus dicti Domini Regis haeredum successorum suorum fieri levari ad quorumcunque manus devenerint si contigerit ipsum R.P. praemissa vel eorum aliquod in aliquo infringere in de legitimo modo convinci Datum apud c. Or the like may be upon a single Recognisance with a Condition in forme following Memorand quod die Anno Regni Domini nostri Caroli Dei gratia c. venerunt coram me M.D. uno Iusticiar c. assignat T.H. de W. in praedicto Com. Dublin Com. Dublin Yeoman I.S. de ijsdem villa Comitatu Husbandman manuceperunt uterque eorum separatìm manucepit sub poena quinque librarum legalis monetae Angliae pro W.S. de W. praedict Taylor Et praedictus W.S. assumpsit pro seipso sub poena decem librarum consimilis monetae Angliae quas quidem seperales summas recognoverunt quilibet eorum ut predicitur recognovit se debere dicto Domino Regi de terris tenementis bonis Catallis suis fieri levari si predictus W.S. deficerit in performatione conditionis subsequentis The Condition of this Recognisance is such that if the above bounden W.S. shall personally appeare before the Iustices of our said Soveraigne Lord the King at the next generall Sessions of the peace to be holden in the said County of Dublin to doe and receive that which by the Court shall be then and there enjoyned him and in the meanetime doe keepe the peace of our said Soveraigne Lord the King towards the Kings Majestie and all his liege people and especially towards A. B. of C. in the County aforesaid Yeoman That then the said Recognisance to be voide or else c. The forme of a Supersedeas for the peace may be thus Com. Dublin A. B. Esquire one of the Iustices of peace of our Soveraigne Lord the Kings Majestie within the County of Dublin To the Sheriffe Bailiffes Constables and other the faithfull ministers and subjects of our said Soveraigne Lord within the said County and to every of them sendeth greeting Forasmuch as A.B. of c. Yeoman hath personally come before me at c. and hath found sufficient surety that is to say C.D. and E.F. c. Yeomen The supersedeas is good though it name neither the sureties nor the summes either of which hath undertaken for the said A.B. under the paine of Twenty pounds and the said A.B. hath undertaken for himselfe under the paine of forty pounds that he the said A.B. shall well and truely keepe the peace towards our said Soveraigne Lord and all his liege people and especially towards G.H. of c. Yeoman And also that he shall personally appeare before the Iustices of the peace of our said Soveraigne Lord at the next generall Sessions of the peace to be holden for the said County of Dublin Therefore on the behalfe of our said Soveraigne Lord I command you and every of you that you utterly forbeare and surcease to arrest take imprison or otherwise by any meanes for the said occasion to molest the said A.B. and if you have for the said occasion and for none other taken or imprisoned him that then you do cause him to be delivered and set at liberty without further delay Given at D. under my seale this last of Iuly c. The forme of the precept or warrant for the good behaviour may be thus Concerning the good behaviour I. S. Knight one of the Iustices of peace of our Soveraigne Lord the Kings Majestie within the County of Dublin To the Sheriffe of the said County and to all high Constables petty Constables and to all and singular Bailiffes and other his Majesties Officers and Ministers aswell within liberties as without in the 〈◊〉 County and to every of them greeting Forasmuch as A.B. 〈◊〉 in the said County labourer is not of good name or fame nor of honest conversation but an evill doer a Riotter Barretor and perturber of the peace of our said soveraigne Lord I command you and every of you that immediately upon sight hereof you cause the said A.B. to come before me or some other of my fellow Iustices to finde sufficient surety and mainprise aswell for his good abearing towards our said soveraigne Lord and all his liege people untill the next generall Sessions of the peace to be holden in the said County as also for his apparance then and there and if he shall refuse so to doe that then immediately without expecting any further warrant you him safely convey or cause to be safely conveyed to his Majesties gaole in the said County thereto remaine untill he shall willingly doe the same so that he may be before his Majesties Iustices at the said next generall Sessions of the peace to be holden in the said County
command you that you together with the petty Constables of the severall Townes Parishes and Hamlets within your Barony taking sufficient assistance out of the said Townes doe make a generall privy search within every of the said severall Townes Parishes and Hamlets upon _____ at night next comming for the finding out and apprehending of all Rogues Vagabonds and wandring idle persons in or about their said severall Townes and that such as shall be found and apprehended you doe cause them to be punished in every severall Towne or Parish where they shal be so apprehended by the petty Constables of every severall Parish respectively and by them also further to be conveyed according to the statute And if any of the said Rogues shall appeare to be dangerous or incorrigible that then you cause such to be brought before me or any other of his Majesties Iustices of peace to be further dealt withall according to the statute in such cases provided dated c. Afterwards any one of these Iustices may take the examination of or proofe against such dangerous Rogues finding cause may then commit such Rogues to the gaole and from thence he may by two Iustices of peace be sent to the house of correction A warrant for a fugitive servant Iohn Cuts Knight one of the Iustices of the peace of our soveraigne Lord the King c. To the Baliffes of the Barony of C. and to T.H. Constable of M. in the County of Dublin Dublin greeting Whereas E. L. hath beene retained to serve I. T. of M. aforesaid according to the forme and effect of a statute made for servants without just cause or licence of the said I.T. hath departed from his service Therefore on the behalfe of our soveraigne Lord the King I charge and command you and every of you that immediately after sight hereof you cause the said E.L. to be delivered to his said master to serve him and if he shall refuse so to doe that then you cause him to be convayed to his Majesties gaole of the said County of Dublin there to remaine untill he shall doe the same So that you may have him before me and the rest of my fellow Iustices at the next Sessions of the peace to be holden for the said County to receive such punishment as shall be then and there inflicted upon him sealed with my seale _____ dated c. Or thus in Latine Iohannes Cutts Miles unus Iusticiar Domini Regis c. Com. Dublin Ballivis Baroniae de C. et T.H. Constabular de M. in comitatu praed salut Quia E.L. retentus in servic I.T. de M. predict sibi serviend secundum formam et effectum statuti de servientibus edit à servitio pred I.T. sine causa rationabili et licentia ipsius I. T. recessit ut dicitur ideo ex parte Domini Regis vobis et cuilibet vestrum praecipio quod praef E.L. ad praefat I.T. magistrum suum deserviend deliberar faciat West â—78 Et si hoc recusaver tunc eum gaolae Com. praedict duci faciatis quousque c. Ita quod eum habeatis coram me et socijs meis Iustic dicti Dom. Regis in Com. praed ad prox sess pacis ibid. tenend ad faciend et recipiend ea quae ei tunc et ibid. in hac parte objicientur Sigill meo sigillat dat apud Another for the same Simon Steward Knight one of the Iustices of the peace of our soveraigne Lord the King c. To the Sheriffe of the County of Dublin Dublin and also to I.B. Constable of the Towne of B. and to R.N. Bailiffe Itinerant in the same County and to every of them greeting On the behalfe of our soveraigne Lord the King I command you and every of you that you or one of you attach the bodie of W.R. of B. aforesaid Labourer so that you or one of you have him before me and the rest of my fellow Iustices of our soveraigne Lord the King in the County aforesaid at the next generall Sessions of the peace to be holden in the aforesaid County to answer aswell to our said soveraigne Lord the King as to R.C. of c. Yeoman wherefore he being lately retained in the service of the said R. at T. in the County aforesaid from the said service before the end of the terme betwixt them agreed upon without just cause or licence of him the said R. hath departed in contempt of our soveraigne Lord the King and to the great damage of him the said R. and contrary to the forme of the statute in that case provided And that you or one of you have then there this precept witnesse c. Or thus in Latine Com. Dublin Simeon Steward Miles unus Iustic c. vic Com. pred Necnon I. B. Constabular vill de B. et R. N. ballivo itineranti in eodem Com. et eorum cuilibet salutem Ex parte dicti Domini Regis vobis et cuilibet vestrum mando Cromp. 238. quod attach seu unus vestrum attach W.R. de B. pred Labourer ita quod eum habeatis seu unus vestrum habeat coram me et socijs meis Iustic dict Dom. Regis ad pacem in Com. pred conservand Necnon et assign ad prox general sessionem pacis in Com. pred tenend ad respondend tam dicto Dom. Regi quam R.C. de c. Yeoman quare in servitio ipsius R. apud T. in Com. pred nuper retentus ab eodem servitio ante finem termini inter eos concordat sine causa rationabili et licenc ipsius R. recessit in Dict. Dom. Regis nunc contemptum et ipsius R. grave damnum et contra form statut inde edit et provis Et habeatis seu unus vestrum habeat ibi tunc hoc preceptum Teste c. A warrant for one refusing to serve Roger Millisent Knight one of the Iustices of the peace of our soveraigne Lord the King c. To R.L. Bailiffe of S. in the County of Dublin Dublin greeting On the behalfe of our soveraigne Lord the King I command you that you attach the body of R.A. of S. aforesaid Labourer so that you have him before me or my fellow Iustices of the peace in the County aforesaid at the next generall Sessions of the peace to be holden in the said County to answere aswell to our said soveraigne Lord the King as to B.C. of A. c. Yeoman wherefore he the said R.A. although he were often required to serve the said B.C. in a competent service for his estate yet notwithstanding he the said R.A. hath altogether refused to serve the said B.C. in contempt of our soveraigne Lord the King and to the great damage of him the said B.C. and contrary to the forme of the statute for servants in that case lately made and provided And see that you have this warrant there witnesse c. Or thus in Latine Rogerus Millisent
they or any two or more of them so as one be of the Quorum shall thinke fit to appoint 19. Also the statute of 2. H. 5. cap. 4. hath not any negative words videlicet that the sessions should not bee holden at any other times then those which are mentioned in the same statute 20. But if the statute of 2. H. 5. had been in the negative or else if the Commission had been specially grounded upon that statute as formerly from 36. E. 3. untill 12. R. 2. it was grounded upon the statute of 36. E. 3. ca. 12. wherein expresse mention was made of the speciall times wherein the Sessions of the peace should be holden I should have beene of M. Lambards opinion 21. So as upon consideration of all the statutes and of the Commission I am of opinion clearely that the generall Sessions of the peace held quarterly although at other times then are mentioned in the said statute of 2. H. 5. are holden by good warrant and authority and are both generall principall open and Quarter sessions within the meaning of all the said statutes and maketh not any nullity of the Acts done therein neither are the Iustices punishable for not observing the time appointed by the said statute of 2. H. 5. because the Commission doth dispence with the statute in that point yet notwithstanding I could wish that the Iustices of peace by reason of their oath would be carefull to hold their Quarter Sessions at those appointed times Of the Speciall Sessions of the Peace CHAP. 21. 1. THe speciall Sessions of the peace doe varie from the generall in this chiefly that they be holden at other times when it shall please the Iustices themselves or any two of them the one being of the Quorum to appoint them upon any speciall occasion And this power they have not only by the Commission but also by the statute 2. H. 5. c. 4. which alloweth them to doe it more often then the foure times if need doe so require 2. Lamb. li. 4. pag. 623. They be also for the most part summoned for some speciall businesse and not directed to the generall service of the Commission And yet there is no doubt but that all the Articles within the Commission of the peace are both inquirable and determinable at any speciall Sessions of the peace if the Iustices shall so please 3. M. Fitzh useth a third difference betweene the generall and speciall Sessions of the peace What things be inquirable at the speciall Sessions of the Peace affirming that whereas at the generall Sessions the Iustices of P. ought of dutie to give in charge all matters within the Commission or statutes that are to be determined before them yet neverthelesse at the speciall Sessions they are at libertie to give in charge either all or any of them Ibid. as it shall seeme good unto themselves The forme of the precept for Summons of a speciall Sessions may bee thus R. B. Miles I.L. T.M. armigeri Iusticiarij inter alios Domini Regis nunc ad pacem in Comitatu Dublin conservandam assignati Nec non ad diversas felonias c. vicecomiti comitatus pradicti salutem Ex parte dicti Domini regis praecipimus firmiter injungentes quod non omittas propter aliquam libertatem infra Baroniam de U. N. aut eorum aliquod in Comitatu praedicto quin venire facias coram nobis apud L. infra Baroniam de V. praedict X. die August proximè futuro xxiiij probos legales homines de eisdem Baronijs ad inquirendum tunc ibi pro dicto Domino Rege tam super quibusdam articulis in statuto in Parliamento nuper Reg. Edwardi tertij Anno regni sui vicessimo tertio edit Artifices laboratores servientes apprenticios concernentibus quam super articulis quibusdam in statuto in Parliamento nuper Reg. H. 8. Anno regni sui 33. tent edit Roguos Vagabundos validos mendicantes alios pauperes tangentibus Proclamari etiam facias in idoneis locis per Baronias praedictas quod omnes qui versus praedictos artifices laboratores servientes apprenticios roguos vagabundos validos mendicantes alios pauperes seu eorum aliquos conqueri voluerint sint tunc ibidem coram nobis ad prosequendum versus eos parati Et sis ibi tunc vel vicecomes tuus habens nomina Iuratorum praed hoc nostrum breve Testibus nobis R. B. I. L. T.M. apud K. in Comitatu praedicto ultimo die Martij Anno Regni Domini nostri Caroli Dei gratia Angliae c. regis c. Of the Rewards and punishments due to the Iustices of Peace in respect of their Sessions CHAP. 22. 1. VVHilest it was at the libertie of the Iustices of peace to hold their quarter Sessions as short time as they would the law did not allow them any wages for their paines But when the statute 13. R. 2. ca. 10. had bound them under paine of punishment to continue their Sessions three daies together if the affaires of their office did so require the same statute thought it meete also The wages of the Iust of the P. at the quarter Session to allow to every of them iiij.s. by the day for the time of their Sessions to be paid by the hands of the Sheriffe out of the Fynes and amerciaments rising of the same Sessions and that the Lords of Franchises should bee contributories to those wages after the proportion of their parts of the said Fines and Amerciaments 2. But because it was very dilatory for the Iustices of peace to take those wages at the hands of the Sheriffe as I have already touched upon the Estreat sent out of the Exchequer And for that also it grew in question whether such Lords as were named in the Commission of the peace should be partakers of the same wages the statute 14. R. 2. ca. 11. did plainely provide that the wages of these Iustices should be levyed and paid by the Sheriffe upon estreates indented betweene the Sheriffe and them And that no Duke Earle Baron or Baronet albeit they were Iustices of the peace and did hold their Sessions with other eight Iustices should take any wages for their office in their behalfe 3. And hereof also M. Mar. collecteth that how many soever Commissioners of the peace there shall be assembled at these Sessions yet only eight of them shall receive the wages because saith he that at such time as these wages were first appointed the Law did take knowledge and make allowance only of eight Iustices and no more And he also maketh it doubtfull whether it bee not in the power of the Barons of the Exchequer to appoint which eight when moe be assembled at the Sessions shall have the wages paid unto them 4. For the first point it would bee somewhat hard indeed to straine that statute so farre as to give wages thereby to so
such measure 25. Ed. 3. ca. 10. 15 R. 2. ca. â— 43. E. 3. ca. 6. 4. Water measure sould within Shipboard shall containe five pecks stricken to the bushell 5. No person shall buy or sell with a Bushell except it be sealed and marked by the officer and according to the Kings Standerd 6. All sorts of bread ought to be weighed by Troy weight 7. Post septem dies panis non ponderetur 8. The Baker shall not sell to any victualler c. to be retayled but onely thirteene peny worth for twelve pence aswell mans bread as horsebread 9. The punishment of the Bakers for their unlawfull breads is that that the Iustices of peace or sworne officers in Leets may take away their unlawfull bread and give it amongst the poore as officers in corporate Towes are enabled to doe as it seemeth in the end of the booke of Assise imprinted anno 1597. and all Iustices of peace are there willed and required to be ayding and assisting to the said officers therein but by the statute 51. H. 3. 51. H. 3. Bakers and Brewers being convict for not observing the Assise the first second and third time they shall be amerced according to the offence if it be not over grievous but if the offence be grievous or often then shall they suffer punishment of the body without redemption sc a Baker to the pillorie and the Brewer to the Tumbrell now called the Cockingstoole as it seemeth by Master Lambard 62. or to some other correction Measures of Wine Beere and Ale c. Wine Oyle and Honey their measure is all one sc the Rondlet 16. di Barrell 31. 18. H. 6. ca. 17. di Hogshed 63. Pipe 126. Tunne 252. gallons 1. Cheese A weigh of Cheese must containe 32. cloves 9. H. 6. ca. â— and every clove seven pounds of Averdepois weight 2. Beefe and other flesh are 16. ounces Averdepois to the pound Dalton fo 133. and eight of those pounds to make the stone except where the usage of the Countrey requireth more pounds to the stone 3. Also sixscore herrings shall goe to the hundred ten hundred to the thousand and ten thousand to the last 31. Ed. 3. ca. 2. 4. Wooll 14. pounds weight goeth to the stone of wooll and 26. Dalton fo 133. 13. R. 2. ca. â— stone goeth to the sacke whosoever buyeth wools at greater weight shall pay double the value to the party grieved a fyne to the King 5. Of Sugar Spices and waxe 8. pounds maketh the stone and 13. stone and a halfe or a hundred and eight pound maketh the hundred see the statute de composit ponder Rast weights 8. 6. Of hops fivescore and 12. pounds maketh the hundred 7. Of lead the formell containeth six stone wanting two pounds and 30. Rastall weights â— formels make a load of lead and 12. pounds make a stone 8. The content of the Dicker of hyds is 10. skins 20. dickers make a last 9. For the contents of Iron glasse linnen cloath and diverse other things see the statute de composit ponder Rast 8. 10. All other commodities of tale or number are sould by the hundred whereof Cattell and fish are sould sixscore to the hundred and yet the hundred of hard fish must containe eightscore Rast 8. all headed things as nayles pins c. are sould sixscore to the hundred and all other things have but fivescore to the hundred 11. Timber well hewen and squared perfectly fifty foot thereof maketh the load 12. Lath shall containe in length five foot in bredth two Inches and in thicknesse halfe an Inch. 13. Of Tyle the Assise thereof in the length breadth and thicknesse appeareth before in the title of Tyle 14. A Bale of paper is ten Reame a Reame 20. quires of paper a quire is 25. sheetes 15. A Rowle of parchment is 5. dozen or 60. skins Measures of length 1. Three Barly Cornes measured from end to end make one Inch. 2. Fower Inches Inches make the handfull Handfull 3. Twelve Inches make the foot Foot 4. Three foot make the yard Yard 5. Three foot and 9. Inches make the Ell. Ell. 6. Seven foot make the fadome Fadome 7. Five yards and a halfe which is sixteene foot and a halfe make the pole Pole Rood or peach ibid. 8. And yet by the usage of many Countreyes the pole doth vary for in some places it is eighteene foot and in some places 20. foot and most places in Ireland 21. Co 6. 67. 17. E. 3. fo 18. foot goeth to the pole and there if a man should sell a certaine number of Acres of wood c. it shall be measured according to the usage of the Countrey there and not according to this statute for Consuetudo loci est observanda 9. Forty pole in length make a furlong Furlong 10. Eight furlongs or 320. pole make an English mile Mile 11. Forty pole in length and foure in breadth doe make an Acre Acre Stat. Composit â—ulnarum Stat. 34. P. weights 4. Ed 1. Plowland 12. And by Master Cambden fol. 339. and Hollingshed pag. 13. impress 1586. Co. li 9. 10. 184. one hundred acres is an hide of land but yet it seemeth that an hide of land or plowland or carue of land which are all one are not of any certaine content but according to the usage of the Countrey where the land lyeth Weight Measâ—â—â— 13. In anno 8. H. 6. ca. 5. It is enacted as followeth videlicet whereas by the great Charter of the liberties of the Realme of England and by a statute made the xxvij yeare of King Edward the third it was ordeined and by a statute made the xiij yeare of King Richard the second confirmed that one weight and one measure should be through all the Realme of England aswell out of the staple as within And in the same statute of the said noble King Edward it is ordained that the weight called auncell for the great damage subtill deceits done by the same measure to the common people Auncell weight shall be utterly left and set apart and the wools and all other manner of marchandise and all other things lying in weight bought or fold shall bee weighed by the balance so that the tongue of the balance doe not incline more to the one party than to the other with weights sealed and according to the standard of the Exchequer And he that doth contrary to the damage of the Seller shall forfeit to the King the valour of the goods so weighed or measured and that the party complaynant have the quatreble damages And by the said statute of the said noble King Richard it was added that the offendor shall be imprisoned by two yeares and make fyne and ransome at the Kings will And that the Iustices of peace should have power to enquire of the said defaults aswell at the Kings suit
as the parties Our soveraigne Lord the King by authority of this Parliament hath ordeined and stablished that the statutes and ordinances aforesaid shall be firmely kept and holden and straitly executed And moreover for to eschew diverse great mischieves which have happened within the Realme of England by the said auncell and specially for to destroy the falsity of the regratours of yarne called yarne Choppers it is ordeined by our said soveraigne Lord the King by authority aforesaid that in every City Borough and Towne of the Realme of England common balance shall be with common weights sealed and according to the Standerd of the Exchequer upon the common Costs of the said City Burgh or Towne in the keeping of the Maior or Constable of the same to which balance and common weight all the Inhabitants of the same City Burgh or Towne that have not such weights and other that have if they will may freely weigh without any thing paying taking neverthelesse of forreyns for every draught within the weight of xl li. a farthing and for every draught betwixt xl li. and an hundred an halfpeny and for every draught betwixt a hundred pound and a thousand pound a penny at the most whereof the weights shall be maintained and the officers lawfully weighing rewarded by the discretion of the chiefe of the City Burgh or Towne according to his attendance to the said occupation be it more or lesse And that no man buy yarne of wooll called wollen yarne unlesse he will make cloth thereof nor use weight nor measure nor other thing in the place of weight or measure that is not sealed according to the said Standerd nor set any thing to the same by the way of taking or hiding or in any other manner that may encrease the measure or weight or let the balance to have his naturall course upon the forfeiture and paine aforesaid and that the Iustices of peace Maiors Bailiffes and Stewards of Franchises have power by authority aforesaid to examine the Trespassours in this case and for to enquire in especiall of offendors against this ordinance and to doe execution against them that be found defective by enquests or by examination to be made by the said Iudges or officers in this case in the manner as afore is said And that this ordinance be holden and observed from the Feast of Easter next ensuing for ever And that every City upon paine of x. li every Burghe upon paine of C.s. and every Towne where a Constable is upon paine of xl.s. have a common balance with weights according to the said Standerd within two moneths after Proclamation made of this ordinance which paine shall be levyed to the use of our soveraigne Lord the King as often as they shall be defective after the said Proclamation 14. There is another statute made in Ireland in anno 12. El. ca. 3. concerning measures of Corne whereby it was enacted that two measures of brasse should be made at the Queenes cost one for wheat Rye Maslen Beanes and Peese and another for Malt Oates and Barley which shall bee the Standerds for the Shires of the City of Dublin the county of Dublin Kildare Catherlagh Wexford Meath the Towne of Drogheda Westmeath Louth Kings County and Queenes County within this Realme and that the same being marked with the Crowne and letters of her majesties name should remaine and be as her highnesse Standerds for the Shires aforesaid in her Majesties Exchequer of this Realme in the custody of the Lord Treasurer of this Realme or of the under Treasurer for the time being and that unto the Knights Citizens and Burgesses of every the Shires Cities and Townes before named assembled in the same Parliament and to certaine Burgesses of the Borough Townes in the same Shires should be delivered one measure of every such measures which her Majestie should cause to be made according to the tenor of the said Act for the common wealth of her highnesse subjects within this Realme of Ireland according to her Majesties Standerd of her Exchequer in this Realme by Indenture thereof to be made betweene the Lord Treasurer of this Realme or the under Treasurer for the time being at the cost and charges of the said Shire City Towne or Borough and that the said Knights Citizens and Burgesses to whom the said measure shall be delivered as is aforesaid shall surely and safely convey or cause the same to be conveyed by the said Citizens to their Cities and by the said Knights or Burgesses unto such Borough or Towne corporate or market Towne within the Shire for which they have beene elected as hereafter shall be appointed in this Act for the good custody of the same measures withall convenient speed and expedition there to remaine for ever in the keeping of the Maior Bailiffe Soveraigne Portriffe or other head officer for the time being of the same City Borough or Towne as her Majesties Standerds of measure and that the Inhabitants of all Cities Boroughes or market Townes within every of the said Shires should with all convenient speed after the same Standerds so delivered as is before prescribed make or cause to be made common measures according to the measures aforesaid to remaine in the said Cities Boroughes and market Townes and every of them and the measures to be viewed examined printed signed and marked by the Mayor Bailiffe Soveraigne Portriffe or other head officer in whose possession the said Standerd shall remaine or by his officer appointed in that behalfe and that every of the aforesaid Maiors Bailiffes Soveraignes Portriffes or head officers having the said measures printed and signed under the signe and print for the same with the letters of her Majesties name Crowned should have authority and power to make signe and print like measures unto every of her Majesties subjects duely requiring the same taking for marking of every bushell two pence lawfull money of Ireland and that no Merchant nor other person or persons within any City or market Towne in any the Shires before specified shall buy sell or receive any graine or corne with any measure except it be marked signed and printed in manner and forme aforesaid nor any other person or persons in any Shires before specified out of the said Cities Boroughes and market Townes except it be like and equall with the Standerd ordained and made for the said Shire precinct or place where any such person shall so sell buy or receive any such graine or corne and that every person aswell without Cities Boroughes and market Townes as within in every of the Shires above specified shall buy sell and receive and deliver with a bushell sealed signed and marked after the forme aforesaid and no otherwise upon forfeiture of the graine and corne so sold bought received and delivered halfe to the Queenes Majestie her heires and successors and the other halfe to the party grieved and that will sue for the same by Action of debt after the course of the