traverse the presentment as a leet of bloudshed Lam. 542. The Court may award processe ad respondendum upon an enditement and may take a traverse of it Lam. 543. Presentment of bloudshed found in the Sheriffs turn and sent to the Iustice of Peace cannot be traversed before them Lam. 542. One of the enquests presents himself it is not traversable Lam. 543. Travelling beyond the seas Officer of Ports or owner of a vessell suffering any woman or childe under 21 yeares of age except Saylers shipboyes Apprentices or Factors of Merchants in their trades to go or carying any of them beyond sea without license of the King or six of the Privie Councell under their hands such Officer of the Ports forfeiteth hâ—… office and all his goods and the master of the vessel his vessell and imprisonment without bayl for 12 moneths and loseth also all his goods 1. Jac. 4. Any subject going beyond the feas to serve any forrain State not taking the oath of alleageance before the Controller or Customer of the Port or either of their deputie or deputies before his going shall be a felon the oath by them to be registred and certified into the Exchequer once every yeare or lose 5 pound for every oath not certified 3. Ja. 4. Any Gentleman or of an higher degree or Captain or other Officer in the army before his going beyond sea to serve any forrain Prince or State must be bound by the Controller or the Customer of the Port with two sureties allowed by the Officer unto the King in 20 pound with condition not to be reconciled to the Pope nor to practise any thing against the King but knowing any thing to reveal it the same bond to be by them registred and certified into the Exchequer once every yeare or lose 5 pound for every default 3. Jac. 4. Children not being Souldiers Mariners Merchants Apprentices or Factors going beyond sea without license of the King or six of the Privie Councell whereof the principall Secretary to be one under their hands and seals shall take no benefit by descent or otherwise of any lands leases goods or chattels untill he or they being 18 yeares old or above take the oath of Alleageance before one Iustice of Peace of the County where the parents dwelt or dwell And in the mean time the next of kinne being no Popish Recusant to enjoy them till he shall conform to take the said oath of Alleageance and receive the Sacrament of the Lords Supper and then to accompt to him for the mean profits and in reasonable time to make payment thereof And the senders lose 100 pound one third part thereof to the King another to the suitour another to the poore 3. Jac. 5. Vide Transportation Traveller Innekeeper or Alehouse-keeper refusing to lodge a traveller Iustice of Peace or Constable may compell him Quaere how viz. to present the offence at the Assises or Sessions Dalt 25. Sr. James Lee delivered that the Innekeeper or Alehouse-keeper may for the same be endited fined and imprisoned or the party grieved might have his action Dalt 28. Ed. 1626. Treason Treason is a grievous offence done or committed against the King in his person the Queen his wife his children Realm or authoritie Dalt 198. As To compasse the death of the King Queen his wife or of their eldest sonne and heire or to intend any of their deaths though it be not offered Dalt 198. To deflowre the Kings wife his eldest daughter being unmarried or his eldest sonnes wife Dalt 198. To levie warre against the King in his Realm Dalt 198. To conspire to levie warre against the King Dalt 198. To conspire with a Governour of another countrey to invade the Realm Dal. 198. To kill one that is sent on the Kings message Dalt 198. To encounter in fight and kill such as be assisting to the King in his warres or come to help the King ibid. To aid the Kings enemies in his Realm Dalt 199. To counterfeit the Kings great seal signet manuall Privie-signet or Privie-Seal Dalt 199. To take an old seal and put it to a new patent quaere whether treason or misprision Dal. 199. And so of those that without authoritie set the Kings seal upon any writing or fraudulently thrust a writing amongst others to seal and so get it fealed Dal. 199. To counterfeit the Kings coin or any coin currant within the Realm Dal. 199. To bring in any false money knowing it to be false Dal. 199. If he which hath the Kings warrant to coin doth coin money in England Ireland or elswhere lesse in weight then ordinarie or coineth false metall Dal. 199. All counsellers procurers consenters or aiders of any the forenamed treasons are within purview of the statute of 25 Elis for in treason all offenders are principall ibid. To kill the Kings Chancellour Treasurer Justice in Eyre of Assise of Oyer and Terminer being in his place and doing his office is high treason Dal. 199. To extoll the authoritie of the Bishop of Rome within any of the Kings dominions and the procurers counsellers aiders and maintainers thereof the first offence is Praemunire the second treason 1. Elis 15. 5. Elis 1. Dal. 100. Lam. So to bring over any books that shall maintain set forth or defend such authoritie and the readers and hearers that shall justifie them Dalt 200. So deliverers of such books to others with allowance and liking of the same Dal. 200. So the printers and utterers of such books be all within the meaning of the statute 5. Elis 1. Dalt 201. Refusing the oath of Supremacie the first offence is Praemunire the second offence treason 5. Elis 1. Dal. 201. Lam. To obtain from Rome or by any authoritie from thence any Bull or writing to absolve and reconcile such as wil forsake their obedience to the King and yeeld it to the Pope or give or take absolution by colour of such Bull or publish or put in ure such Bull. 13. Elis 2. Dal. 201. To absolve perswade or withdraw any subject from their obedience to the King or to reconcile them to the Pope or to draw them to the Romish religion for that intent or move them to promise obedience to any other state or procure counsell or aid them that do it is Treason 23. Elis 1. 3. Jac. 4. Dalt 201. Lam. To be wilfully absolved perswaded withdrawn or reconciled to promise such obedience or to procure counsell aid and maintain the same except within six dayes after their return into the Realm they submit according to the statute 3. Jac. 4. Dalt 201. For Jesuite Priest or other Ecclesiasticall person made by authoritie from the Pope to come into or remain in any of the Kings dominions contrary to the statute 27. Elis 2. is Treason To compasse the death of an usurper of the Crown is Treason for which the offender may be arraigned in another Kings time Dalt 122. To intend to deprive depose or disinherit the King or say he
masters of any such servants both to examine heare and determine all offences against the statute and set at large him that shall be imprisoned by the overseers and rulers if there be just cause and also by his discretion to punish those overseers and rulers if there be just cause as if they unjustly punish any person 2 3 Ph. M. 16. Lam. 203. Dalt 114. The offences against the statute are Dalt ibid. 1. No singleman shall be a waterman 2. One of the two rowing in one boat must be allowed by eight of the overseers by writing under seal 3. They shall not hide themselves in time of pressing for the Kings service 4. They shall not take for their fare above the price assessed and set up in tables in Westminster Hall Wax One Iustice of Peace may examine and search by his discretion such as do sell any candles or work of wax above foure pence cleare gain over the price of the wax and punish them by forfeiture of that which is to be sold and the value of that which is sold and fine to the King Dalt 114. Lam. 296. 464. 11. H. 6. 12. Weapons which be forcible vide Forcible entrie Weeres Weeres in rivers may be survayed by one Iustice of Peace which he may cause to be made of a reasonable widenesse Lam. Any making weeres within five miles of the mouth of any haven or creek or by weeres destroying any frie of fish of the sea loseth 10 pound one moytie to the King the other to the informer 3. Jac. 12. Lam. 189. Weights and Measures Faults of the officer of Cities and Boroughs in not viewing and examining weights and measures twice a yeare to be heard and determined by examination and enquirie of two Iustices of Peace one being of the Quorum and by them to be fined and amerced and so of faults of buyers and sellers by other weights and measures then they ought to do 11. Hen. 7. 4. 12. Hen. 7. 5. Lamb. 356. Dal. 1◅ Two Justices of the Peace one of the Quorum may breake and burne such measures as they find defective and fine the offenders by their discretion and make processe against them as in trespasse 12. H. 7. 5. Lam. 356. Dalt 115. Maiors of Townes taking above a penny for sealing a bushell or other measure or for weights above a penny for a pound and a halfe a halfpenny for alone pound a farthing for a lesse weight lose 40. s. 1. Hen. 7. 4. Lam. 37. Dalt 122. Buying and selling by unlawfull weights or measures or in any City or Market with any weights or measures that are not lawfully marked or signed he loseth for the first offence sixe shillings eight pence and for the second 20. s. and Pillory 12. H. 7. 4 Lam. 460. To buy corne by heaped measure except on Shipboard or to use double measure the one to buy the other to sell with the first offence is sixe shillings eight pence the second thirteen shillings foure pence the third twenty shillings and Pillory 11. H. 7. 4. Lam. 460. Those of the Towne where the Kings Standard is appointed to remaine not having common weights and measures signed or not selling by the same to all that have required the same are to be fined and amerced 1. Hen. 7. 4. Lam. 460. Dalt 122. Vid. plus Vessels Witchcraft Invocation Conjuration consultation intertainment imploiment feeding or rewarding any dumbe spirit taking up of dead bodies or any part thereof to be imployed in Witchcraft or Charmes or using any manner Witchcraft whereby any person shall be killed or any part of them wasted or lamed and also the accessaries is felony without Clergy 1. Jac. 12. Lam. 415. By Witchcraft or Charmes to find out hidden treasures to tell where lost goods shall be found to provoke unlawful love to destroy or hurt any mans body or to attempt either of them two the first offence is one yeeres imprisonment without baile and to stand in the Pillory six houres every quarter of the same yeer confesse his offence the second is felony without Clergy 2. Jac. 12. Lam. 415. Triall of Noblemen upon the Stat. of 2. Jac. 12. of Witchcraft is to be by his Peeres Ibid. Attainder upon the stat 2. Jac. 12. of Witchcraft neither losse of Dowre nor corruption of Bloud 2. Jac. 12. Wines Wines brought in strange bottoms from France into any part of England except the Isle of Man and Wales forfeit the wines 27. El. 12. Lam 457. Any licensed to retaile wine selling above the prices limited by Proclamation lose 3. s. 6. d. for every Gallon 27. El. 11. Lam. 458. Any under a Barons sonne or 100. marks a yeer or 1000. markes in goods keeping to spend in his house any vessels of Gascoigne wine French or Rochel wine above 10. gallons loseth ten pounds 7. El. 6. 5. Lam. 433. Wood. VVood brought from France into any part of England except the Isle of Man Wales in a strange bottom forfeiteth the wood 27. El. 11. Lā 457. 458. Upon complaint of the Lord disagreement of the Lord his owners the fourth part of the Lords wood may be set forth by two Justices appointed by the greatest part of the Justices at their Sessions and not being of kinred or alliance to the Lord. 35. H. 8 17 13. El. 25. Lam. 359. Just in Qu. Sessions may call before them the owner of the wood and 12. of the Commoners to set out the fourth part Lam. 609. Ingrosler or Regrater of Barke forfeiteth the Barke 1. Jac. 22. Any selling of Barke meet to be barked before April or after June except for necessary building as repairing of houses ships mills lose the oake or double value 1. Jac. 22. Purveyors taking Timber for the use of the Kings ships or houses the owner may retaine all the Barkes lop and top and the Purveyor taking them loseth for every tree 40. shillings to the partie grieved 2. Jac. 12. Wooll and Wooll-seller Buyer of wooll of any other than the owner of the sheep lose the value 14. R. 2. 4. Lam. 428. Woollen-yarne Buyer of woollen-yarne and not making it into cloth loseth the value thereof 8. H. 6. 5 Lam. 452. Any sorter carder kamber spinster or weaver receiving wooll and yarne of any clothier or maker of stuffe and embezeling selling or detaining the same and the Receiver and Buyer knowing thereof upon conviction by confession or oath of one witnes before two Just of P. is to make such recompence to the party as the Just shall appoint and the offender being unable and refusing to doe it is to be whipt or stocked 7. Jac. 7. Women VVomen arraigned for felony may only for one time have the benefit of their belly Lam. 563. Just of Peace cannot award a Venire facias tot matronas to know whether a woman felon be with childe Taking away a woman against her will that hath land c. or is heire apparent not claiming her as ward and after marry or desloure her is felony without Clergy So of the procurers abettors and receivers knowing thereof 3. H. 7. 2. Lam. 421. A woman being delivered of a bastard child and borne alive that endevoureth privately by drowning secret burning or other way by her selfe or procuring of other to conceale the death thereof as that it may not come to light whether it were borne alive or dead shall suffer as in murder except she can prove by one witnesse that the child was borne dead 21. Jac. 27. Women convicted of felonious taking above 12. d. and under 10. s. being not Burglary or Robbery in or neere any high way nor taking of mony goods or chattels from the person of any privily or as accessary to any such offence wherin a man may have his Clergy shall for the first offence be burned in the hand and further imprisoned whipped stocked or sent to the house of Correction not above a yeer as the Justice before whom the conviction is shall thinke meet 21 Jac. 6. Dal 267. VVife and her husband are bound to appeare at the Sessions in the meane time to keep the peace The husband only appearing the Recognizance is not forfeited Dalt 146. Cro. 144. 6. FINIS
party is or was Lamb. 462 490. What not Of the place whereof he is person without naming the place of his abode Lamb. 463 430. Affray and Affrayes An affray may be without word or blow as to be armed with armour or weapon not usually born Lamb. 118. Dal. 28. Lamb. 126. Constable or other officer may lay no hands on any intending to make an affray till weapon drawn or offer of blow Lamb. 124. Dal. 29. Lamb. 132. Vide plus Constable Affrayer may be commanded by the Constable or other officer to avoid upon pain of imprisonment and if the affray be great they may make proclamation and command the parties to prison for a small time whom he must deliver without fine Lamb. 124. Dal. 28. Lamb. 132. Every private man present at an affray assault or battery may part them stay them that come to the affray with weapon stay the affrayers till the heat be over and then deliver them to the Constable but may not commit them unlesse one of the affrayers be in perill of death and if he flie into a house upon hue and crye break and open the house and take him Dal. 28. Lamb. 130 131. Cro. 146. a. Agnus Dei Crosses Beads Pictures c. If any person to whom any of these or any other superstitious things from the See of Rome or authoritie thereof be offered do disclose the name dwelling or place of resort of such officer or deliverer to any Iustice of Peace of the same shire the same Iustice must within fourteen dayes next after declare the same to some one of the Privie Councell on pain of Premunire 13. El. cap. 2. Dal. 80. Vide plus Treason Misprision and Premunire Alehouses Two Iustices one being of the Quorum may license one to keep a common Alehouse taking bond with good suretie for good rule to be kept in his house 5. Ed. 6. cap. 25. Twelye pence is given to the two Iustices of Peace for taking a recognizance of hun that is allowed to keep a common Alehouse 5. Ed. 6. cap. 25. Lamb. 356 370. Condition of a recognizance for an Alehouse Lamb. 344 354. He that keepeth an Alehouse of his own authoritie without license of two Iustices one being of the Quorum or after prohibition of two such Iustices may by two such Iustices be committed to prison for 3 dayes without bayl and till he be bound with two sureties to keep none after Dal. 26. Lamb. 340. Vide stat 3. Car. 3. Information of the offence and recognizance taken by two Iustices one being of the Quorum of an Alehouse kept against the statute of 5. Ed. 6. cap. 15. is a sufficient conviction without further tryall at the Sessions and they may assesse the fine of 20 shill without making processe against the offender Lamb. 539 552. Lamb. 572. Information made in Sessions that an Alehouse-keeper hath done an act whereby he hath forfeited his recognizance they may award processe against him to shew why he should not forfeit his recognizance Quaere what processe Lam. 495 499 524 529. Enquire whether Alehouse-keepers having forfeited their recognizance ought to be at the Q. Sessions 5. Ed. 6. 25. Fines imposed by the stat of 5. Ed. 6. cap. 25. concerning Alehouses cannot be altered by the Justices of Peace 5. Ed. 6. 25. Lamb. 545 578. Justices of Peace must certifie the recognizance taken for Alehouses at the next Q. Sessions after they are taken or lose 5 marks 5. Ed. 6. cap. 25. Any directly or indirectly selling Ale or Beer unto any Alehouse-keeper not licensed more then for his necessarie provision for his houshold shall lose after the rate of 6 shill 8 pence for every barrell for the levy and disposall of the penaltie See Victuals 4. Jac. 4. Alehouse-keeper or Inne-keeper suffering any tipling contrarie to the 2. Jac. cap. 9. 21. Jac. 7. forfeiteth 10 shill and every such tipler 3 shill 4. pen. for non abilitie of payment the Alehouse-keepers c. to be committed to the Goale till the penaltie be payed 2. Jac. the tipler to the stocks for 4 houres 4. Jac. Dal. 24 25. 1. Car. 4. Justice of Peace hath power in those cases to minister an oath to witnesses 1. Jac. 9. 21. Jac. 7. The Constables and Churchwardens neglecting to levie or to certifie the cause thereof by 20 dayes to the Justice that granted the distresse do forfeit 40 shill in default thereof to be sent to the Goale 1. Jac. 9. Dalt 25. Crom. 78. 2. Alehouse-keepers and Inne-keepers ought to lodge travellers Dal. 25. 1. Alehouse-keepers are disabled to keep Ale-house 3 yeares if they suffer tipling 2. If they sell not a quart of the best and 2 quarts of small beer or ale for a peny 3. If they be convicted by Indictment at the Assizes Sessions or Leet for being drunk 4. Jac. 10. or before one Justice upon oath of one witnesse 21. Jac. 7. continue drinking in another Alehouse 7 Jac. 10. 4. Jac. Dal. 27. Vide plus Victuallers Confession If any unlicensed Alehouse-keepers be convicted by the view of any Justice of the Peace confession of the offender or oath of two witnesses he loseth 20 shill to the use of the poore of the parish to be levied by way of distresse by warrant from the Justice of Peace convicting and within 3 dayes to be sold 3. Car. 3. Where there is no sufficient distresse or non payment within six dayes after conviction the offender is to be openly whipped as the Justice of Peace shall limit 3. Car. 3. The Officer refusing or neglecting to execute the Justice his precept is to be committed to the Goale untill he do or procure the offender to be whipped or pay 40 shill to the use of the poore of the said parish 3. Car. 3. The second offence is commitment to the house of Correction for a moneth ibid. The third offence is to remain in the house of Correction till he be delivered at the generall Sessions ibid. He that is punished by the act 3. Car. 3. not to be punished by the statute 5. Ed. 6. 25. Alias dictus vide Enditement Alien and his triall vide Triall Alleagiance vide Supremacie Amerciaments The owner of a beast knowing it to be harmfull and not restraining it whereby it killeth one is to be arraigned for his death and amerced for the King Lamb. 239. Dal. 210. Cro. 24. 6. Offenders in gathering more amerciaments then are in their lawfull estreats to be convicted by two Justices one to be of the Quorum appointed by the Custos Rotulorum or in his absence by the eldest of the Quorum for the oversight of the Sheriffes 11. Hen. 7. cap. 15. Estreats of amerciaments must be by Indenture between the two Justices appointed for oversight of Sheriffes books and the Sheriffe or Under-Sheriffe under their seals or else the Sheriffe to lose 40 shill 11. Hen. 7. cap. 15. No amerciament for default of appearance when the Sessions are not summoned by precept Lam.
132. a. Certiorari may command either the Record it self or the tenour of the Record Dal. 368. Cro. 13. b. Lam. 515. Certiorari is to be directed to the Iustice Lam. 545. Iustice of Peace ought upon Certiorari to remove the Record though the partie that brought the Certiorari sueth not after to have it not removed Dal. 368. Cro. 132. b. 133. Lam. 516. An indictment may be removed upon a Certiorari bearing date before the indictment was taken Dal. 369. Cro. 132. b. 164 167. b. Lam. 510. A certificate of a Certiorari ought not to omit that which did authorize the Iustice to make the Record neither ought they to certifie more then the Certiorari warranteth them Lam. 516. If the Certiorari varie from the Record the Iustice need not to certifie Dal. 368. Cro. 132. b. A Certiorari is to send up the indictment of 〈◊〉 in which others are joyntly indicted the Iustice need not make certificate of any but of A onely Dal. 368. Cro. 132. a. Lam. 517. A Iustice may without Certiorari send into the Kings bench a Recognizance of the Peace an indictment found before him or a force recorded before him Dal. 368. Cro. 132. b. 133. b. but not without Certiorari if he be put out ibid. No bills of indictment riot forcible entrie assault or batterie found at the quarter Sessions shall be removed by Certiorari unlesse it be delivered in open quarter Sessions and the indicted bound in 10 pound to the prosecutour with such sureties as the Justice shall allow to pay within one moneth such costs and damages as the said Justices shall allow otherwise the Justice to proceed to tryall 21. Jac. 8. Dal. 214. Edit 1626. Vide plus Certificate Challenge One indicted of felonie may challenge as many as he will shewing cause but without cause he may not challenge above twentie 22. H. 8. 14. Lam. 523. Lam. 554. What shall be a good challenge for a Juror That he was an indictour of him Lam. 522. Lam. 554. That he hath not lands to cleare yearly value of 40 shill Lam. ibid. In cities and boroughs that he hath no goods moveables worth 40 pound Lam. ibid. That he is not Probus Legalis as if he be attainted of felonie forgerie perjurie c. Lam. 522. Lam. 554. Champertie Champertie is when one for hope of having part of the thing in variance moveth or causeth the suit to be moved at his own cost and for it he is to be fined 33. E. 1. Lam. 441. Chancemedlie vide Homicide Chastisement vide Correction Church and Churchyard Maliciously to strike with a weapon in the Churchyard or to draw a weapon to that end is losse of one of his eares or to be marked with the letter T. 5. Ed. 6. 4. Lam. 399. Lam. 419. To keep fair or market in the Churchyard ibid. Stat. Wint. 13. Ed. 1. Lam. 419. Conviction of any upon the statute 5. Ed. 6. 4. may be by the Iustices of Peace at their quarter Sessions by verdict testimonie of two or by confession 5. Ed. 6. 4. Execution of the forfeiture upon the statute of striking in Churchyards to be awarded by the Iustice of Peace before the conviction 5. Ed. 6. 4. Churchwardens Churchwardens and Constables or one of them or where none be the Constable of the hundred must once every yeare present at the quarter Sessions the monethly absence from church of Popish recusants and the names of every of their children of 9 yeares old and above abiding with their parents and as neare as they can the age of their children and the names of such recusants servants 3. Jac. 4. Lam. 437. penaltie 20 shillings Vide Recusants Churchwardens are to gather for the prisoners vide Prisoners Churchwardens and Overseers of the poore are yearely to make account to two Iustices whereof one ought to be of the Quorum viz. 1 Of all summes received by them rated or not received 2 Of such stock as they or any of their poore have in their hands 3 What apprentices they have put out 4 What poore they have set to work or relieved 5 What poore they have suffered to wander and begge 6 If they have monethly met to take order for the poore 7 If they have assessed the inhabitants and occupiers of lands and in their parish and such as are of abilitie with indifferencie 8 If they have endeavoured to levie and gather such assessments Dal. 72 73. Defaults in any the premisses is 20 shill ibid. Churchwardens and Overseers refusing to make a true account to the Justice of all such summes of money or denying to pay the arrerages to be committed to the goal without bail till account made the arrerages paid to the new Overseers Dal. 73 Churchwardens and Constables yearely upon Tuesday or Wednesday in Easter week must call together the parishioners And first choose surveyours for the high-wayes Dal. 5â— 2 Appoint six dayes for that purpose to be before Midsummer next following ibid. 3 Give notice of the said six dayes openly in the Church the Sunday after Easter ibid. Clerk of the Peace Clerk of the Peace must be present at the Sessions to reade enditements and inâ—oll the acts of the Sessions as also to draw processe Lam. 337. Lam. 393. Clerk of the Peace must record proclamations for the rates of servants wages and inroll the discharge of apprentices 5. Elis 4. ibid. He must keep the counterpain of the Indenture of armour 4. 5. Ph. Mar. 2. And the books of licenses given to Badgers and loaders of corn 5. Elis 12. Lam. 393. And of those that are licensed to shoot in gunnes 2. Ed. 6. 12. He must certifie into the Kings bench transcript of enditements outlawries attainders and convictions had before the Justice of Peace within the time limited 34. Hen. 8. 14. Lam. 588 593. Recognizance of the Peace is brought into the Custos Rotulorum and the partie grieved will not sue it the Clerk of the Peace may call upon it for the King Lam. 394. The office of the Clerk of the Peace is in the gift of the Custos Rotulorum 37. H. 8. 1. Lam. 394. What Records the Clerk of the Peace is bound to certifie vide Certificate The Clerk of the Peace his fees vide Fees He must record presentments for not coming to Church and the certificate of not taking the oath of Alleagiance 3. Jac. 4. Lam. 393. Clerk of a Justice his fees vide Fees Clerk of the Crown what records he ought to certifie vide Certificate Clerk of the Market Clerk of the Market taking money to dispense with faults riding with more then six horses tarrying longer then is necessarie loseth for the first offence 40 shill for the second 10 pound for the third 20 pound 13. R. 2. 4. Clergie and Sanctuarie One Justice of Peace may take out of the Sanctuarie him that is abjured thither being endited of any offence punishable by death done after he is become a
confederacies and giving of liveries other then to meniall servants and officers be contained under the word conventicles Lam. ibid. Conies vide Hunting Corn. Certificate of one Justice of Peace joyned with the customer of the place of unlading and selling of corn grain or cattell carried by water from one place to another of this Realm unto the customer and controller of the place where the same was imbarked is sufficient upon the statute of forestalling 5. Ed. 6. 14. 13. Elis 25. One having sufficient corn buying seed without bringing so much as he buyeth to sell the same day as the market goeth loseth double 5. Jac. 46. 427 433. Lam. 450. Vide plus Transportation Cutter and carryers away of corn vide Hedge-breakers Coroners Coroners ought to certifie their inquisitions at the generall goal-delivery and not at the Sessions 1. and 2. Ph. Mar. 12. Lam. 378 380 395. Coroners being parties to the exigents and Judges of the outlawrie ought to be present at the Sessions ibid. Coroners are conservers of the Peace and may in some cases commit men to prison ibid. Coroners may be convicted of offence against the statute of 1. Hen. 8. 7. Lam. 413 517. Lam. 434. touching extortion or not executing their offices before a Justice of Peace Cro. 130. Coroners fees vide Fees Cottages Any erecting or converting any dwelling to be used as a cottage for dwelling unlesse he lay foure acres of his own free-hold inheritance lying neare to the said cottage to be continually manured therewithall so long as that cottage shall be inhabited except in a citie corporate or market town or ancient borough or being the dwelling house of minerals coal-mines quarries of stone or slate makers of brick tile lime or coal not being above a mile from the works and onely used for the habitation of such workmen or for saylers or men of manuall occupation for the making furnishing or victualling of ships and being within a mile of the sea at the side of some navigable river or a cottage for the keeper of forrests chase warren or park or cottage for a common herdsman or shepherd of any town or wherein any poore lame sick aged or impotent person shall dwell or hath been decreed to continue for a dwelling by the Justices of Assize or of the Peace in open Assizes or Qu. Sessions 31. Elis 7. 39. Elis 3. 43. Elis 2. Lam. 499 456. Lam. 476. None to maintain or uphold any cottage not having foure acres to it except as before ibid. Owner or occupier of a cottage must not suffer more housholds then one to dwell in a cottage 31. Elis 7. except it be by order of the Justice at the Q. Sessions with leave of the Lord of the waste at the charge of the parish hundred or countie 39. Elis 3. 43. Elis 2. Lam. 573 589 611. Offences against the statute of cottages and inmates are to be heard and determined at the Q. Sessions 31. El. 7. Lam. 575 589 614. and a decree may be made at the Q. Sessions for continuance of a cottage that hath not foure acres of land ibid. Countie A Justice of Peace in one Countie pursuing a felon into another Countie where he is taken he shall be committed to the goal of the Countie where he was taken Cozeners and Cozenage Any falsly and deceitfully getting in possession money or goods of other mens in colour of false privy tokens or counterfeit letters and convicted thereof at Q. Sessions by examination of witnesses shall suffer any corporall punishment except death 33. Hen. 8. 1. Lam. 420. 426 505 516 536 550 572 588. Cro. 83. a. 130. b. Two Justices of Peace one being of the Quorum may binde over to the next Sessions any such suspected person or may imprison or bail them untill the next generall Sessions Dal. 37. One Justice of Peace as it seemeth may binde threatners to their good behaviour so to the Assizes or Sessions or send them to the house of correction Dal. 48. Edit 1626. Crosses vide Agnus Dei Crossebows and hand-guns Every person may attach an offender against the statute 33. Hen. 8. 6. and carrie him to the next Justice of Peace in the same countie Dal. 49. The Justice upon due consideration may send the offender to the goal till he have paid the penaltie of the statute of 33. Hen. 8. 6. The particulars of the said Statute None under an 100 pounds per annum may shoot in or keep gun dag pistol crossebow or stonebow No person may shoot in carry keep use or have any gun under three quarters of a yard in length if it be shorter every one having an 100 pound per annum may seize the gun and must break it or lose 40 shill if he break it not within twentie dayes Lam. 454 462. but may keep the crossebow or stonebow Dal. 49. No person not having an 100 pound per annum may carrie in his journey any gun charged or bow bent but onely in time and service of warre or going to the musters None may shoot in a gun near to a market town but in defence of his house or person or at a but. The master may not command the servant to shoot except at a but or bank of earth or in warre Exceptions out of the Statute 1 Shooting at a but or bank of earth by servingmen whose masters are inabled by statute 2 Inhabitants of market towns 3 Dwellers alone or neare the sea-side 4 Gunmakers or gunsellers 5 Those that have placards may shoot according to their placards Dal. 49 50. Any under the value of 100 pound per annum licensed to shoot in crossebow or hand-gun is to present his name to the next Justice by him to be presented and recorded at the next Qu. Sessions or else the Justice to lose 20 shillings 2. Ed. 6. 14. Lam. 296 299. Quaere if this be now in use Lam. 330. Any licensed at Q. Sessions to shoot in hand-gun or birding-piece for hawks meat is to shoot onely at fowl not prohibited and to be bound in 20 pound 1. Jac. 27. Any two Iustices of Peace may commit to the goal for 3 moneths any that shoot with gunne on bow at any Partridge Phesant house Dove Mallard or at such fowl or at any Hare 1. Jac. 27. Currier vide Leather Customer vide Corn. Custos Rotulorum Custos Rotulorum hath the custodie of the Records and of the Commission and ought to see that they be brought to the Sessions Lam. 371 373. Lam. 387. Custos Rotulorum is alwayes a Iustice of Quorum Lam. 371 372. Custos Rotulorum alone cannot summon a Sessions seeing that he hath no more authoritie in that behalf then any of his fellows hath Lam. 367. Lam. 382. Cutpurse Taking of the goods of another to the value of 12 pence from his person into his own possession without assault or fear is felonie without Clergie 18. Elis 4. Lam. 267 271 401 405 534 547. Lam. 270. Dal. 229. But it
will not amount to felonie unto death unlesse the thing taken be of the value of 12 pence Lam. 270. Dal. quaere The thief must have an actuall possession of the thing severed from the person of the owner Lam. 271. Dal. 229. Cro. 35. a. Cutting out of tongues Cutting out of tongues and putting out of eyes is felonie if it be done of set purpose 5. H. 4. 5. Lam. 400 404. Lam. 420. Cutting of a pond head Destroying of the head or damme of any pond moat sluce or severall pit wherein fishes are put by the owner thereof or have wrongfully fished in any of the same to the intent to take away the fish against the owners will 5. E. 21. Lam. 424. Lam. 446. Deere and Deere-hayes JUstice of Peace may not receive an indictment for killing a hart proclaimed Lam. 477 487. for the jurisdiction of it belongeth to the Iustice of the forrest 21. H. 7. 30. Lam. 505. One convicted of unlawfull taking or killing of Deere must pay treble damages to the partie three moneths imprisonment and after to remain there till he put in sureties for the good behaviour for 7 yeares 5. Elis 21. Lam. 538 552. 3. Jac. 13. Lam. 571. To sell or buy to sell any Deere Hare Partridge or Phesant except house Partridge or Phesant or brought from beyond the seas loseth for every Deere 40 shill every Hare or Partridge 10 shill and every Phesant 20. shill 1. Jac. 27. Vide plus Hunting and Buckstalls Demurrer One indicted demurreth upon the evidences the Iustices ought to record it Lam. 508 520. Lam. 539. Deputie A Iudge cannot make a Deputie Lamb. 60 65. Lamb. 64. Divine Service Any above the age of 16 yeares that repaireth not to his parish Church or Chappel accustomed or to some usuall place where Common Prayer is to be used upon every Sunday and other holidayes and hath not there orderly and soberly abiden during the time of such Common Prayer Preaching or other service of God loseth 12 pence for every offence to be levyed by the Churchwardens to the use of the poore of the said parish and to be punished by the censures of the Church 1. El. 2. It is lawfull for one Iustice of Peace in the limit division or libertie where the offender dwelleth in not coming to Church 1. El. 2. upon proof of default by confession of the partie or oath of witnesse to call the partie before him and for want of sufficient excuse and proof thereof to the satisfaction of the said Iustice the said Iustice may give his warrant to the Churchwarden of the said parish under his hand and seal to levie 12 pence for every default by distresse in default thereof to commit the offender to prison till payment made 3. Jac. 4. Vide plus Recusants and Sunday Dogge vide Hunting Vide Partridges and Phesants Drivers of commons vide Commons Drovers vide Badgers Dyer vide Cloth Drunkennesse Any Iustice of Peace upon his own view confession of the partie or proof of one witnesse upon oath hath power to convince any person of drunkennesse 21. Jac. 7. Any within six moneths after the offence committed lawfully convicted of drunkennesse loseth 5 shill to be paid after conviction to the Church-wardens of the parish where the offence shall be committed and refusing and neglecting to pay the same to be by warrant from the Iustice convicting levyed on his goods if he be unable to be set into the stocks 6. houres and upon conviction of the second offence to be bound with sureties in 10 pound to his good behaviour 4. 5. The officer charged is negligent in levying or in correcting he loseth 10 shillings to be levyed and disposed as the penaltie it self 4. Jac. 5. Churchwardens to be accountable to the use of the poore for the penalties by them received upon the statute of drunkennesse ibid. Constables Churchwardens and Tithingmen in their oaths for their office are to swear to present offences against the statute of drunkennesse 4. J. 5. Offences against the statute of drunkennesse to be inquired after and presented before the Iustice of Assixe or Iustice of Peace at their Sessions and proceeded upon ordinarie indictment ibid. Offenders against the statute of drunkennesse not to be twice punished for the same offence ibid. Ecclesiasticall causes and persons ECclesiasticall persons subject to arrest for the Peace but when they be attendant on divine service Lam. 88 95. Lamb. 93. Dal. 294. Vide plus Treason Egges of wilde fowl Egges of any wilde fowl usually eaten taken from the place where they were layed or destroyed betwixt the first of March and the last of Iune one yeares imprisonment and lose after a rate for each egge 25. H. 8. 11. 3. E. 6. 3. Lam. 429 435. Lam. 453. To take away the egges of any Hawk out of the woods or ground of any other person three moneths imprisonment and bound to his good behaviour for 7 yeares 5. Elis 21. Lam. 424. Lamb. 446. To take or cause to be taken upon his own or other mens grounds the egges of any Falcon Goshawk Lanner or Swan one yeare and a dayes imprisonment and fine 11. H. 7. 17. Lam. ibid. Taker or willing destroyer of egges of Partridge Phesant or Swan upon conviction by confession or oath of two witnesses before two Iustices of Peace where the offence or apprehension is to be imprisoned three moneths unlesse he pay to the Churchwardens of the parish in one of the places to the use of the poore 20 shill 1. Jac. 27. Vide plus Partridges Phesants and Fowlers Egyptians One Iustice of Peace may within one moneth after the arrivall seize all the goods of any outlandish persons calling themselves Egyptians that shall come into the Realm or companie with them or disguise themselves like them and keep to his own use the one moytie accounting in the Exchequer for the other restoring to them again their goods that prove by two witnesses that they were craftily or feloniously stoln from them upon pain of forfeiture of double the value to the prover 22. H. 8. 10. Lamb. 183 200 232 255 355 357 407 412. Dal. 38. Lamb. 195 228 371 429. After the moneth it is felony and then they shall have the whole 1. 2. P. M. 4. Quaere whether the stat 22. H. 8. be still in force or altered by the statute of 1. 2. P. M. Embezeling of records vide Records Embracer vide Maintainer Enditements Enditement is the verdict of jurours that be charged to inquire of that offence that is presented by them ibid. All Enditements ought to contain certainty and therefore five principall things be requisite in presentments Lamb. 459. Lamb. 487. 1 The name surname and addition of the party endited 2 The yeare the day and place in which the offence was done 3 The name of the person to whom the offence was done 4 The name and value of the thing in which the offence was committed 5 The manner of
13. Elis 1. Lam. 404 419. Lamb. 339. False imprisonment vide Arrest False takers vide Cozeners Fees The Sheriffe shall have upon arrest by bill 〈◊〉 or warrant 20 pence the Bayliffe that maketh the arrest 4 pence the goaler if he be committed 4 pence and for the obligation 4 pence and no more on pain of 40 pound 23. H. 6. 10. Cro. 58. b. 176. b. Bayliffes of liberties are to have like fees as the Sheriffes and their ministers have out of liberties and like punishment for extortion Lam. 334. 27. H. 8. 24. Lam. 413 418. Cro. ibid. Clerk of the Peace to be fined For taking above 12 pence for inrolling a bargain and sale of lands not exceeding 40 shillings a yeare or 7 shill 6 pence if it do exceed 40 shill a yeare 27. H. 8. 16. Lam. 415 420. and the Iustice of Peace the like for taking above the said summes in the said cases Cro. 59. a. Lam. 436. For taking above 12 pence for recognizance of one that taketh a rogue into his service for a yeare 14. Elis 5. ibid. For taking above 2 shillings for a license and recognizance of a Badger Drover Lader or Kidder and registring the license 5. Elis 12. ibid. For taking above 12 pence for a license and recognizance to shoot Hawks meat 1. Jac. 27. Clerk of a Iustice of Peace to be fined for taking above 12 pence for a recognizance of Alchouse-keeper 5. E. 6. 25. Lam. 436. Coroner refusing to do his office of one slain by misadventure without fees loseth 40 shillings 1. H. 8. 7. Lam. 413 418. Lam. 434. Coroner taking above 13 shillings 4 pence for doing his office of one slain and murdered of the goods of the slain if he have none of the town where he was slain in the day and was suffered to escape 3. H. 7. 1. Lam. ibid. Maiors to have for sealing Bushels and other measures a penie Weights viz. a hundred weight 1 penie half a hundred a half penie lesse a farthing and taking above they lose 40 shill 7. H. 7. 3. 11. H. 7. 4. Lam. 416 421. Lamb. 437. Parson Vicar or Curate taking above 4 pence for entring into the Church-book license to eat flesh on fish-dayes 5. Elis 5. Or above 2 pence for registring a Testimoniall of any servant going from one place to another 5. Elis 4. Lamb. 414 419. Lamb. 435. Ordinarie or his scribe or register that hath taken more for the probate of a testament or letters of administration then 6 pence for the scribe for writing the probate of the testament that shall be brought written in parchment and 6 pence for the administration where the goods be not above 5 pound if above 5 pound not above 40 pound then 2 shill 6 pence for the Ordinarie and 12 pence for the scribe if above 40 pound 2 shill 6 pence for the Ordinarie and 2 shillings 6 pence for the scribe or 1 penie for every 10 lines 10 inches in length at the scribes election and the like for every copie of a testament or inventorie or else after the rate of the lines as before loseth 10 pound and so much as is taken to the partie 21. H. 8. 5. Lamb. 413 414. Cro. 61. a. Lam. 434. Escheators fees vide Escheators Receiver Treasurer or minister of the King that taketh of any that fee or pension of the King other fee then is given by ancient laws and statutes viz. 4 pence for payment of every summe forfeiteth 6 shill 8. pence 35. H. 8. 7. E. 6. 1. Cro. 58. a. Taking above 4 pence for impounding one distresse loseth 20 pound 1. 2. P. M. 12. Felo de se A man that kills himself either with a mediated hatred against his own life or out of distraction or other humour is felo de se and forfeiteth his goods reall and personall Chattels to the King and debts due upon specialtie but not upon simple contract or without specialtie Dal. 208. An infant or non compos mentis killing himself doth not forfeit but a lunatick doth Dal. ibid. Lam. 240 243. Lamb. 427. All his goods shall be forfeited which he had at the time of the blow given but not till his death be presented and found of Record Dal. ibid. He forfeiteth no lands nor is his bloud corrupted Dal. ibid. The inquirie of felo de se belongeth to the Coroner but if the Coroner cannot have sight of his body as being cast into the sea or secretly buryed the Justices of Peace may inquire thereof and a presentment before them intituleth the King to his goods Dal. ibid. Cook 5. 110. Felonie Felonies are either by the Common law Statute law By the common law all kinde of homicide not warranted Burglarie the stat burning of houses rescous and escapes Dal. 207. Vide their severall titles Felonies by statute The K. sworn servant conspiring to destroy the K. or any Lord of the Realm or any sworn to the Kings Councel or the steward Treasurer or Controller of the Kings houshold 3. H. 7. 14. Dal. 239. Breaking of prison by one being therein for felony or a prisoner for felony 1. E. 2. de prisonam frangent Dal. ibid. And if he scape going to the goal Cro. 49. b. If under arrest for felony or suspicion whether in the goal or out it is breaking of prison 1. E. 3. 17. Cro. 38. a. P. M. 147. A stranger breaketh the prison or openeth the stocks or makes rescons of one imprisoned or arrested for felony who escapeth it is felony in them both Dal. 239. Cro. 38. 1. H. 8. 7. 6. Quaere if a stranger disturb the arresting of a felon Dal. ibid. Rescuing a prisoner going to execution is felony Dal. ibid. Goaler Constable or other having a prisoner under arrest for felony voluntarily suffereth him to escape it is felony onely in him that sufferetâ—… the escape Dal. ibid. If the prisoner escape by negligence of his keeper it is felony onely in the prisoner Dal. ibid. Escape before arrest is no felony but the officer may be indited and sined D. 239. L. 230. Cro. 39. a. Buggery with mankinde or beast Burning of houses or stacks of corn Congregations and confederacies holden by masons Cutting out of tongues or putting out of eyes Cutting pond dike or bank in Marsh-land Conjuration or invocation of evill spirits 1. Jac. 12. Consultation with an evill spirit c. Vide 1. Jac. 12. Embezelling the K. ordnance armour c. to the value of 20 shill though at severall times 31. El. 4. Embezelling of any record writ c. 8. H. 6. 12. Rasing of a record 1. R. 3. 9. These two belong not to J. of P. Forging of evidences c. the second time 5. El. 12. Goaler enforcing his prisoner to become an approver Hawks embezelled and not brought to the Sheriffe Hawks concealed or stollen from the owner Hunting Deere or Conies in the night upon examination concealing the offence or disobeying the arrest for such offence
or suspected to be robbers by the high-way 5 Such as are likely to commit murder homicide or other grievances to the Kings subjects in their bodies 6 Such as shall practise to poyson another 7 Against all such as be of evil name or fame generally but especially against such as are defamed in these particulars 1 Those that haunt bawdy houses 2 Suspected to keep houses of common bawderie 3 Common whoremongers and common whores 4 Night-walkers that be suspected to be pilferers 5 Evesdroppers that cast mens carts and gates into ponds and such like misdemeaners in the night such as live idlely yea fare well and go well clad having little to live on except upon examination they give good account of such their living 6 Common haunters of Alehouses or Taverns having small means to live on 7 Drunkards twice convicted 8 Messengers of theeves 9 Such as make false hue and crie 10 Cheaters and cozeners 11 Libellers 12 The putative father of a bastard 13 Unlawfull hunters in Parks after examination taken 14 Abusing of officers in executing their office as Iustice of Peace Constable or other officer of the Peace as a Iustice seeth a man break the Peace and doth charge him to keep the Peace who answereth he will not Words of contempt against a Iustice of Peace though he be not executing his office 15 Abusing a Iustice of Peace his warrant 16 He that complaineth of riot or force and the Iustices being assembled for inquiry will not prosecute 17 He that chargeth one with felonie before a Iustice and will not prosecute 18 Abusing of a supersedeas of the Peace to a wrong end By divers statutes 1 Disturbers of preachers 1. M. 3. 2 Destroyers of fish-ponds or stealers of fish after lawfull conviction 5. Elis 21. 3 Takers of hawks or hawks egges out of other mens grounds after lawfull conviction 5. Elis 21. 4 Stealers hunters or killers of Deere or Conie in Park or Warren after lawfull conviction 3. Jac. 3. All these must be bound at the Sessions 5 Popish recusant must be bound in the Kings Bench. 23. Elis 1. 6 One pardoned for felonie bound before the Sheriffe and Coroners 3. Ed. 3. 3. 7 Disturbers of the execution of the statute for rogues 39. El. 4. 8 Disturbers of the execution of the statute for the Peace 39. Elis 4. 9 She that hath had twice a bastard 7. Jac. 4. 10 Infected with the plague or having their houses infected and are unruly 1. Jac. 3. Greyhounds vide Hunting Gunnes and Gunners Gunner that departed from his Captain without license or wandring with a forged license it is felonie Lam. 427. Every person may attach an offender against the statute 133. H. 8. 6. and carrie him to a Iustice of Peace Dal. 49. And the Iustice upon examination may send him to the goal till the penaltie be paid The particulars of the statute 33. H. 8. None under 100 pound per annum may shoot in or keep a gunne dagge pistoll crossebow or stonebow None may have or use any gunne under 3 quarters of a yard in length One of a 100 pound per annum may take such gunne from the offender or any crossebow or stone-bow and may keep the bow but must break the gunne None may travell with a gunne charged or bow bent but in time of service and to the musters except he have a 100 pound per annum Dal. 49. Dal. 64. None may shoot in a gunne neare a market town but in defence of his house or person or at a But. The master may not command his servant to shoot except at a But or in warre 1 Except servingmen whose masters are enabled at a But. 2 Inhabitant of market town 3 Persons dwelling alone or neare the Sea within five miles 4 Gunmakers 5 That have Placards All persons which shoot in gunnes ought to present their names to the next Iustice of Peace and the Clerk of the Peace should record it Vide plus Hunting Hares BUying and selling of Hares vide Partridges see the statute 1. Jac. 27. in fowlers Harnesse and habiliments of warre To imbezell habiliments of warre or victuals provided for souldiers mariners or gunners is felonie 3. El. 4. Hart proclaimed vide Deere Harvest time Artificers and other persons meet to labour compellable by one Iustice of Peace or Constable and the refuser to labour in hay time or harvest to be put in the stocks two dayes and one night Lamb. 475. Hawks and hawking Unlawfull taker of Hawks egges is to have 3 moneths imprisonment there to remain till he finde sureties for the good behaviour for 7 yeares 5. El. 21. I am 446. Taking of hawks egges upon ones own grounds or anothers or any Eirer or driving them out of their covert or bearing any hawk of the breed of England called a Nyesse Goshawk Tassel Lanner Lanneret to be imprisoned a yeare and a day and lose ten pounds and the hawk 11. Hen. 7. 17. Lam. 446. Every Justice of Peace may examine the offences for hawking or hunting with spaniels in eared or codded corn and binde over the offender with sureties to the next Sessions 23. Elis 10. Dal. 50. Lam. 447. Against hawking at phesant or partridge between the first of Iuly and last of August vide 7. Jac. 11. Partridges Vide plus Larcenie Felonie Hay and Oats Inholder taking any thing for litter baking horse-bread except in town or village being a through-fare and being no citie town-corporate or market-town the same to be of assize and weight after the price of corn and grain in the market or sell horse-bread hay oats beans pease provender and all kinde of victualls both for man and beast for reasonable gain for the offence 1 Fined 2 Imprisoned for a moneth without bail 3 Stand on the pillorie without redemption of money 4 Fore judged for keeping inne again 21. Jac. 21. Hedge-breakers Breakers and cutters of hedges pales rails or fences cutters and carriers away of corn growing robbers of orehyards or gardens pullers up of fruit trees with intent to carry away cutters or spoilers of woods poles or standing trees convicted before a Iustice by confession and one witnesse upon oath are to render such damage as the Iustice shall limit and if not able to be whipped by the Constable who for default in his office is to be committed without bail till he cause it to be done 43. Elis 7. No Iustice to proceed against such trespasses for offences done to himself without instance of another ibid. The second offence is whipping 43. Elis 7. High-wayes One Iustice may cause high-wayes to markets to be enlarged and cleansed of bushes and trees 13. Elis 1. 5. Dal. 51. Every Iustice may present upon his own knowledge in open generall Sessions any highwayes insufficiently repaired or any default against the statute 2. and 3. Ph. and Mar. 8. and 5. Elis 13. and such presentment is as good as the presentment of twelve men and thereupon the Sessions may
an offender in a Forrest Park or Warren after hue and crie to keep the Peace if they yeeld not themselves or flie or defend themselves by violence is no felonie Dal. 222. Quaere if there be no malice in the keeper Cro. 30. b. It is justifiable by me my servants or companie to kill one who attempteth feloniously to murder or rob me in my dwelling house or in or neare a high-way horse-way or foot-way or burglarily to break my house in the night Dal. 220. Cro. 27. Vide Lam. 249. of one entring by force in the day and killing in the dark To shoot at him that cometh to burn my house is justifiable in me or my servants Dal. ibid. Cro. ibid. In defence of the possession of my goods I may justifie to beat him that wrongfully taketh them but not kill him except he be a thief Dal. 224. To kill a true man in defence of house land or goods is manslaughter Dal. ibid. Cro. 20. b. Involuntarie homicide is by misadventure necessitie By misadventure is when a man doing a lawfull act without any evil intent killeth a man this is not felonie of death but he shall have his pardon of course for life and lands but forfeiteth his goods Dal. 216. A schoolmaster father mother or master correcting moderately his scholer childe or servant Shooting at pricks buts or lawfull mark A workman casting tyle timber or stone from a house or any thing from a cart and giving warning or doing other lawfull thing and giving warning Running at Tilt or fighting at Barriers by the Kings command The killing of a man in doing of an unlawfull act without evil intent is felonie as shooting arrows casting stones into high-wayes or other place whither men usually resort Dal. 217. Fighting at Barriers or running at Tilt without the Kings command Quaere if playing at hand-sword bucklers foot-ball wrestling and such like whereby a man is slain or receiveth hurt and dieth within the yeare and day be felonie of death or may have their pardon of course Quaere similiter of casting a stone at bird or beast A man may be slain by the fall of a house or tree c. and killed by a bull bear horse dogge c. or by some fall which he taketh Dal. 218. if it be through the wilfull default of another it is felonie The thing which causeth the death is a Deodand and so forfeited to the King Dal. 218. Cro. 31. a. The forfeiture hath relation from the stroke given Deodands are not forfeited till the matter is found on record Dal. 218. The Jury which findeth the death of a man must finde and apprize the Deodand It behoveth the town to see it forthcoming for the Sheriffe shall be charged with the price and shall levy the same on the Town Dal. ibid. If the slain be under 14 yeares of age nothing is forfeited as a deodand Dal. 218. Homicide by necessitie is Commanded Tolerated An officer doth execution after judgement according to his warrant it is not properly homicide but justice Dal. 219. Lamb. 234. If the officer doth not observe order of law it is felony in the officer Dal. 219. Lamb. 24. One warranted to arrest one endited of felony upon resistance killeth him Dal. 219. Ed. 3. a. Lam. 232. Every private person upon hue and cry to take a felon if he resist and will not yeeld may kill him Conducters of a felon to the Goal upon resistance or fight may kill him Dal. 220. A prisoner in the Goal attempteth to escape and striketh the Goaler he killeth the prisoner it is not felony ibid. Riotters forcible enterers or detainers that shall resist the Justice of Peace or other the Kings officers and will not yeeld themselves being slain it is no felony Dal. 220. Cro. 23. 30. b. 158. Lam◠215. If an officer by vertue of the Kings processe arresting one for debt or trespasse is resisted and killeth the resister it hath been taken to be no felony Dal. 220. Cro. 24. a. 30. b. Quaere In all these former cases there must be inevitable necessitie that the offender could not be taken without killing Dal. 220. Horses and Mares Any Iustice may heare and take the claim of the owner of any horse c. which was stollen within six moneths after the sale thereof the proof to be made by two witnesses upon oath within two dayes next ensuing the said claim Dal. 56. Lamb. 203. Elis 12. The Iustice of Peace may minister an oath to the buyer what money he paid bonâ fide so as the right owner repaying his money may have his horse again Dal. ibid. Owner officer or ruler of any faire is to appoint an open place for sale of horses c. and a sufficient person to take toll or lose 40 shill for every fault and answer the party grieved 2. 3. P. M. Lamb. 71. The sale of every horse not being according to the statute in every point is void Dal. 56. Lamb. 412. 1 The horse must be one houre at the least in the place of the open faire 2 All the parties to the bargain being in the faire must come with the horse to the book-keeper 3 The book-keeper must take perfect knowledge of the seller and of the voucher of the Christian name sirname mysterie and place of dwelling 4 The voucher must know the seller indeed and declare to the book-keeper the Christian name sirname mysterie and dwelling aswell of himself as of the seller 5 The book-keeper must make a true and perfect entry of the sellers name and place of dwelling c. and of the true price forfeiture 31. El. 12. Every contract for a stollen horse out of the faire is void though it be after booked Dal. ibid. A sale in open market shall not take away the owners propertie the buyer knowing that it was anothers Dal. 56. All horses and all other goods are to be sold in such a place or shop as is commonly used for the selling of goods of the same kinde to alter the propertie Dal. ibid. A thief selleth a stollen horse by a false name and is so entred in the toll-book such misnaming maketh the sale void against the owner Dal. 73. Edit 1626. Horse-bread Inholder in a corporate or market Town where there is a common baker that hath been an apprentice therein 7 yeares may not make horse-bread within his house 32. H. 8. 41. 21. Jac. 21. Inholder or ostler in a through-fare town being no city town corporate or market town being a baker and one that hath been an apprentice therein 7 yeares may make horse-bread within his house 21. Jac. 21. The horse-bread must be sufficient lawfull and of due Assize according to the price of corn 21. Jac. 21. Penaltie 1 Fine 2 Imprisonment for a moneth without bayl 3 Stand in the pillory without redemption of money 4 Forejudged for keeping Inne again 21. Jac. 21. Vide Inneholder Hospitall The Bishop and Chancellour with 2 Justices of
Peace next inhabiting may charge the collectors of a revenue of an Hospitall upon a pain presently to account and to imploy the surplusage to the use of an Hospitall L. 556. 14. Elis Case 5. 39. Elis 18. Hospitality vide Religious house House 1 A mans house is his castle for defence D. 177. 2 It protecteth against any arrest at the suit of any subject ibid. 3 In some cases it is a priviledge against the Kings Prerogative for it hath been adjudged that Salt-peter men may not digge in a Mansion-house without the Kings consent ibid. Theeves or murderers attempting to rob or murder a man in his house he may assemble company kill any of them and forfeiteth nothing ib. He may beat him that will enter upon his possession but may not kill him Quaere if he may hire strangers to aid him or put his ordinary company in armour Dal. 177 178. Vide plus Homicide House of Correction House of Correction with implements and backsides fitting for setting on work idle persons to be erected and provided in a convenient place in every county before Michael 1611. the same to be conveyed over to such as by the greatest part of the Iustices at the Q. Sessions shall be chosen to be imployed for setting on work idle and disorderly persons on pain of 5 pound for every Iustice of Peace the one moytie to the informer the other towards the erecting of the house 7. Jac. 4. Master of the said house to be appointed by most of the Iustices of the Q. Sessions next after providing of the said house who is to set on work and moderately to correct by whipping or fettering such persons as shall be sent to him 7. Jac. 4. Constables shall appeare before the Iustices of Peace twice in the yeare and give account upon oath in writing under the hand of the minister what rogues have been apprehended and how many punished 7. Jac. 4. Master of the house of correction giving sufficient securitie for performance and continuance of his service is to have yearely such money as by most of the Iustices at Q. Sessions shall be thought meet to be paid quarterly by the Treasurer or els the master to levy it in such sort as the Treasurer may 7. Jac. 4. Constables not safely conveying to the house of correction such as by the Iustices of Peace at their meeting for the execution of the statute 7. Jac. 4. shall be sent thither to pay such fine under 40 shill as by most of the Iustices shall be assessed 7. Jac. 4. A woman having a bastard which may be chargeable to the parish for the first offence to be sent to the house of correction one yeare for the second offence to be sent to the house of correction and to remain there till she finde sureties for the good behaviour and not to offend so again 7. Jac. 4. Any able to work and threatning to runne away and leave their families upon the parish upon oath of two witnesses before two Iustices of the said division to put in sureties for discharge of the parish or to be sent to the house of correction 7. Jac. 4. Master of the house of correction quarterly at the Sessions must yeeld account of such as have been committed or is to be fined by most of the Iustices 7. Jac. 4. If any committed become troublesome to the countrey by going abroad or escape without lawfull delivery the master is to be fined by most of the Iustices at the Q. Sessions 7. Jac. 4. All penalties not limitted by the statute 4. Jac. 4. shall be payd to the Treasurer and accounted by him 7. Jac. 4. Vide plus Poore people Hunting One Justice of Peace upon information of any unlawfull hunting of Deere or Conyes by night or with painted faces or other disguising in forrest park or warren may make warrant to the Sheriffe Constable Bayliffe or other officer to take the party suspected and to bring him before him or some other Justice to examine him thereof and if he conceal the hunting or any offender with him therein the concealment is felony in the concealer but the truth confessed is but fineable at the next Q. Sessions 1. H. 7. 7. Dal. 57. L. 191. To disobey such a warrant or make rescous thereupon is felony 1. H. 7. 7. Dal. 57. The Justice of Peace that taketh examination of the offender may after the examination binde the offender to his good behaviour to the end he be forthcoming till the offence and the offenders be lawfully examined Dal. 57. Unlawfull hunting by 3 or more will grow a riot Dal. 57. Any by night or day wrongfully entring into any inclosed ground kept for keeping of Deer or Conyes and there chasing or killing of them upon conviction to be imprisoned 3 moneths without bayl and there to continue till he pay treble damages and costs to be assessed by the Iustices before whom he is convicted or pay to the party grieved 10 pound at the election of the party grieved 7. Jac. 13. and finde sureties for his good behaviour 7 yeares 3. Jac. 13. Lamb. 441. The party grieved or the Iustice of Peace upon satisfaction of the party grieved and confession of his offence and that he is sory for the same in open Sessions may release the offender of his bond for the good behaviour 3. Jac. 13. The statute 3. Jac. 13. doth not promise offenders in parks or inclosed grounds made after the statute without the Kings license 3. Jac. 13. Enquiring hearing and determining of offences against the statute 3. Jac. 13. may be made by the Iustices of Peace and Peace and Goal-delivery at the Sessions and they may award processe upon enditements informations bills of complaint or other actions wherein no essoin c. 3. Jac. 13. Any not having lands of inheritance in his own or wives right of the cleare yearly value of 10 po or for term of life of 30 po per annum or goods to his own use worth 300 po keeping Greyhound to course deer or hare except the sonne of a knight or Baron of parliament or sonne and heir of an Esquire upon conviction by confession or oath of 2 witnesses before 2 I. of P. where the offence is the party apprehended to be imprisoned 3 moneths without bayl except he presently pay to the Churchwardens where the offence was committed or party apprehended 40 shill to the use of the poore of the said parish 1. Jac. 27. Any having lands in fee simple or fee tayl of a 100 po per annum finding any not having lands of 40 po per annum nor worth 200 po in goods to use any gun bow dogs or engines for killing of deer or hare except parker or warrener or owners of either of them or other grounds inclosed for deer or conyes that shall be yearely worth 40 shill may take any their gunnes bowes engines and dogges and keep them to his own use 3. J. 13. Lay person
and limit them a convenient time for their passage Dal. 78 100. Lam. 303. 35. Elis 4. 17. 1. Jac. 25. No Iustice or Iustices of Peace as it seemeth can in any case license any poore man to wander or beg at all Dalt 78 100. Lamb. 303. 35. Elis 4. 17. Convicted for abusing of a license of transportation of victuall shall be committed for a yeare without bail or mainprise Lam. 349. Licenses for badgers drovers c. are to be granted in open Qu. Sessions 5. Elis 12. Lam. 610. Linen cloth He that causeth to be used any racking beating or casting any deceitfull liquor or other means on any kinde of linen cloth whereby it becometh deceitfull or the worse for use forfeiteth such cloth and is to have imprisonment for a moneth at the least and to be fined according to the Iustices discretion 1. Elis 12. Cro. 90. a. Lying in a way vide Way-lying Acts made 16. R. 2. 20. R. 2. 1. Hen. 4. 7. H. 4. 8. Hen. 6. Hen. 8. are repealed 3. Car. 4. Log-wood aliàs Blockwood Suspected to have offended against the statute for logwood upon information to a Iustice of Peace the suspect or his servant or workman may be called by warrant and examined by oath or otherwise to disclose the offence and the offence being discovered the offender and the examinates shall be bound over to the next goal-deliverie or Qu. Sessions and there be judged to forfeit 20 pounds and pillorie one or more market dayes or upon refusall to be bound to be committed to the goal till he will be bound 39. Elis 11. Lam. 613. Dal. 38. Any two Iustices of the Peace where any logwood shall be found in whose hands soever it shall be may cause the same to be burned 23. Elis 9. Dal. 38. Cro. 198. b. Masons THe causing of masons to congregate themselves in chapters is felonie Lam. 227. 3. Hen. 6. 1. Mainprise vide Baylment Maintainers and Embracers Maintainers and embracers of a Iurie enquiring of a riot forfeit twentie pounds and to be committed to prison and to remain according to the discretion of the Iustice 19. Hen. 7. 13. The Iustices shall sit upon the inquisition of riots with the Sheriffe or under-sheriffe and ought to certifie the names of the maintainers and embracers of a Iurie with their misdemeanours which they know by which the truth of the said riot is not found upon pain of 20 pound for every one that hath not a reasonable excuse 19. Hen. 7. 13. Cro. 199. b. Maintainers of quarrels and embracers of Iurours are to be imprisoned and bound to the good abearing 33. Hen. 8. 10. 37. Hen. 8. 7. 38. E. 3. 13. Lam. 440. Maintenance is where any man giveth or delivereth to another that is plaintiffe or defendant in any action any thing to maintain his plea or else maketh extream labour for him where he hath nothing to do therewith Embracer is he that when a matter is in triall between partie partie cometh to the barre with one of the parties having received some reward so to do and speaketh in the case privily laboureth the Iurie or standeth there to survey or overlook them thereby to put them in fear and doubt of the matter but men learned in the law may speak in the case of their clients Terms of the law Maim He that hath maimed another of any member whereby he is lesse able to fight as if a bone be taken out of the head or a bone broken in any part of the bodie or foot or hand or singer or joynt or if a foot or any member be cut or by some wound the sinews be made shrink or other member or the fingers made crooked or if an eye be put out or the fore-teeth broken or beat out or any other thing be hurt in a mans bodie by means whereof he is made the lesse fit to defend himself or offend his enemie he and his accessaries shall be grievously fined Lam. 429. Iustices of Peace cannot upon an enditernent of maim make the triall by their own view and inspection as the J. of the Kings Bench may do Lam. 532 414 10. If Iustices of Peace stand in doubt whether the hurt be a maim or not they may use the help and opinion of some skilfull Chirurgeon to consider thereof Malt. If any Bailiffe or Constable of any borough or other town shall finde any malt made contrary to the statute 2. 3. E. 6. 16. 27. Elis 14. then with the advice of any Iustice of the Peace within the shire he shall cause the same to be sold to such persons and at such reasonable prices under the common price of the market as to their discretion shall seem convenient Lam. 202. Dal. 65. 21. Jac. 28. Any two Iustices of the Peace may duely convict by two witnesses or by the parties confession any person that shall disobey the restraint of malting made in open Q. Sessions and shall commit him to prison without bail or mainprise for three dayes untill he become bound in fourtie pound to perform such restraint 39. Elis 16. Lam. 332 202. Dal. 65. The Justices of Peace or the greater part of them may in open Qu. Sessions restrain the converting of barley into malt 39. Elis 16. Lam. 613. Malt must be 3 weeks in the fat on the floore steeping and drying except in June July August and then 17 dayes or lose 20 pence for every quarter Lam. 451. Dalt 85. No insufficient malt mingled with good malt must be put to sale 2. 3. E. 6. 16. 17. Elis Lam. 452. Dal. 85. edit 1626. No malt shall be put to sale that is insufficiently troden and out of which for every quarter hath not been fanned one peck of dust ibid. Manslaughter vide Homicide Mariner Mariner coming from beyond the seas or a sea-faring man having suffered shipwrack and in want may be licensed by the next Justice of Peace to his landing to ask relief in his journey homewards 39. Elis 4. Lam. 303. Dal. 109. No fisher-man to be taken for a mariner by the Kings commission unlesse chosen by the two next Justices to the place where he is to be taken 5. Elis 5. Lamb. 359. Dal. 66. Mariner departing from his Captain without license or wandring idlely without or with a forged license knowing thereof is a felon 39. Elis 17. Lamb. 227. Any poore Mariner or Souldier coming from beyond the seas that shall repair to his place of birth c. and cannot there get work two Justices of the Peace next adjoyning may take order to set him to work and for want of work tax the whole hundred for his relief till sufficient work may be had 39. Elis 17. Dal. 109. Lamb. 359. Market overt He that is owner c. of any faire or market where horses geldings mares or foles are to be sold and doth not yearely assigne one open place where the said horses c. shall be sold and one to
to the King IF any practise to absolve perswade or withdraw any from their naturall obedience to the King or for that intent from the religion now established here to the Romish religion or to move them to promise obedience to the See of Rome or other estate or if any have been willingly so absolved or have promised such obedience it is treason 23. Elis 1. Lam. 412. Cro. 18. a. Colore officii When officers take any thing Colore officii it is taken in malans partem and is extortion and the office is but a vail to cover the fault but when it is ratione or virtute officii then it is in bonam partem Cro. 57. b. Ordinarie His Fees vide Fees The Ordinarie oweth not his attendance at the Sessions of the Peace as he doth at the goal-deliverie Lam. 395 396. Oath You shall swear that the suretie of the Peace which you require against A B is not of any malicious intent for vexation but for very fear and for the needfull preservation of your body and goods in safetie so help you God Lam. 83. Oath of the Iustice of Peace vide Dal. 10. Oath of supremacie Dal. 11. Oath of alleagiance Dal. 12. 3. Jac. 4. 7. Jac. 6. The Custos Rotulorum or any two Justices of the Peace one being of the Quorum may take the oathes of Under-sheriffes of their Countie their Bailiffes Deputies Clerks or under-officers before they shall exercise their said offices Dal. 108. Quaere if Iustices of the Peace may examine upon oath sureties of their sufficiency Dal. 142. Iustices of Peace in their Sessions may do it Cro. 194. a. Default of Under-sheriffes their Clerks Bayliffes c. in not taking their oathes for execution of their office is to be heard and determined at the Quarter Sessions 27. Elis 12. Lam. 615. Under-sheriffes Bayliffes c. doing any thing contrary to their oathes lose to the partie grieved treble damages 27. Elis 12. Lam. 433. Where the refuser of the oath of alleagiance shall incurre a Praemunire vide Pramunire Refuser of the oath of alleagiance is disabled to execute any place of judicature or office being no office of inheritance or ministeriall function or practise of the law Civill or Common or the science of Physick Surgerie or the art of Apothecarie or any liberall science 7. Jac. 6. One Iustice of Peace to whom complaint is made may commit to the goal without bayl till the next Assizes goal-deliverie or Quart Sessions any above the age of 18 yeares under a Baron or Baronesse which stand presented indicted or convicted for not coming to Church or not receiving the Communion or which by the Minister pettie Constable and Churchwarden or any two of them shall be complained of to any Iustice of the Peace and by him suspected for refusing the oath of alleagiance 7. Jac. 6. Lamb. 199 200. Two Justices of Peace one being of the Quorum may require any person of the age of 18 or above under the degree of a Baron or Baronesse to take the oath of alleagiance and on refusall to commit him to the goal without bayl till the next Assizes or Q. Sessions 7. Jac. 6. Lamb. 363. Where the examination of a Iustice of Peace is the conviction of the party there it ought to be upon oath but where it is but to inform the Iurie upon the indictment it needeth not Lamb. 536. Dal. 125. Though the statute doth not expressely say it shall be upon oath Dal. ibid. In cases of felony it seemeth convenient that the information be upon oath otherwise the examination shall not be given in evidence If the examinate die before the triall the examination may be evidence without oath many will speak coldly It is the practise of the Courts in Westminster Dal. 264. Cro. 194 a. Lamb. 213 214 215. The refusing the oath of alleagiance required by two Iustices of the Peace and the taking of the same and oath of supremacy by a conformed Recusant returning into England are to be certified at the next Q. Sessions 7. Jac. 6. Lamb. 216. The oath of alleagiance required at the Q. Sessions of such as formerly refused the same and being there tendered and refused the refusers other then Noblemen and women incurre Praemunire except women covert who are to be sent to the goal without bayl ibid. Orchyards and Gardens vide Hedgebreakers Overseers of the Poore All to whom the overseers by 43. Elis 2. may binde apprentices may take and keep them as apprentices and the overseers may with the assent of two Iustices of Peace one being of the Quorum in their respective limits where there be more then one or by assent of one Iustice of Peace where there be no more set up use and occupy any trade mysterie or occupation onely for setting poore of the parish on work wherein there are overseers 3. Car. 4. Pannell vide Iurours Pardon AT the Common Law before the statute of 13. R 2. a pardon of all felonies was good for murders and some for treason Lamb. 561. Pardon of all felonies is not good for murder or petty-treason except the pardon be with a non obstante or that murder be therein expressely mentioned Dal. 213. Cro. 21. b. But it is good for accessaries both before and after Lamb. 561. A pardon of all felonies will not discharge a man that is attainted of felony except the execution and attainder be pardoned Dal. 213. Cro. 115. Lamb. 562. Breaker of the Peace after the pardon forfeiteth the pardon and may be hanged notwithstanding his pardon Dal. 213. Cro. 115. b. The King onely can pardon treason murder or other felony or any accessary thereunto Dal. 214. Generall pardon is that which is given by act of Parliament to all men of which the Court ought of duty to give allowance though the party will not plead it nor accept the benefit thereof Lamb. 559 560. Pardon of abjuration is not good without speciall words of abjuration Lamb. 562. Quaere if a generall pardon for petty-treason avail him that is indicted of murder without the word proditoriè 560. A generall pardon coming betwixt the stroke and the death of all misdemeanors will avail for the death Lamb. 560. Quaere if a pardon of all offences except persons outlawed of murder will avail one that hath committed manslaughter and yet indicted and outlawed of murder and after the pardon reverseth the outlawry Lamb. 560. Pardon of attainder and execution for felony is not good for felony Lamb. 562. Pardon of a Goaler for escapes of felony and traitours is not good for voluntarie escapes Lamb. 562. Pardon of 2 for all felonies done by them or either of them will not serve for offences done by one of them alone Lamb. 562. Pardon must agree with the indictment in name and addition of the party and nature of the offence for a pardon of all felonies is not good for petty-treason murder nor of one attainted of felony Lamb. 561. A speciall pardon
ought to be pleaded under the great seal and a writ of allowance brought with it testifying he hath found surety for the good behaviour unlesse there be a dispensation by non obstante Lamb. 561. Prisoner pleadeth a pardon the I. of P. in absence of the Kings Atturney may joyn issue that he is one of the persons excepted Lamb. 560. He that killeth another se defendendâ— must sue to the King for a pardon Lamb. 253. He that killeth one by misadventure shall have a pardon of course without suit Lamb. 254. The manner of suing a pardon of course is If they desire to purchase their pardon they must upon their triall plead not guilty and then the speciall matter being found by verdict they shall be bayled then they must sue forth a Certiorari to certifie the record to the Lord Chancellour who shall make them a pardon of course under the great seal without suing to the King D. 217. Sta. 154. Park and Parker vide Hunting Hunters or killers of any Deere or Conyes in the night or daytime in any park or warren or in any other inclosed grounds and being thereof lawfully convicted every such offender shall suffer 3 moneths imprisonment and finde sufficient sureties for the good behaviour for the space of seven yeares or else continue in prison till he finde such sureties for the space of 7 yeares Dal. 317. 5. Elis 21. 3. Jac. 13. Ed 1626. Parson and Vicar vide Ecclesiasticall causes Partridges and Phesants Every I. of P. may examine offences against the statute of 23. Elis 10. Dal. 67. Lamb. 200. By 1. Jac. 27. he that shall shoot at kill or destroy with any gun or crosse-bow any Partridge Phesant House-dove or Pigeon with setting-dogs and nets or with any manner of nets snares engines or instruments or shall kill or destroy any partridge phesant house-dove pigeon heron mallard duck teal or any such fowl or hare or shall take or willingly destroy the egges of any phesant partridge or swan or shall trace or course any hare in the snow or take or destroy any hare with cords or such instruments or shall keep any greyhound for deere or hare or setting-dogs or nets to take phesants or partridges not having lands of inheritance of 10 pound or 30 pound per annum not having lands of inheritance for life or in goods 200 pound or be sonne of a Knight or sonne and heir apparent of an Esquire any of the said offences being proved by the parties confession or oath of two witnesses before any two Justices of Peace of the countie where the offence shall be committed or the partie apprehended shall be imprisoned for 3 moneths without bail unlesse he forthwith upon his conviction pay to the use of the poore there 20 shill for every hare fowl and egge and 40 sh for every greyhound setting-dog or nets or after three moneths imprisonment be bound with two sureties not to offend in any the said particulars which recognizances taken by two Justices of the Peace may be returned at the Quarter Sessions 1. Jac. 27. Dal. 67 68. Lam. 335. By 7. Jac. 11. proof of 1 witnesse is sufficient for the taking c. of partridges and phesants the punishment as 1. Jac. 27. Killer of partridges or phesants with hawks or dogge by colour of hawking between the first of July and the last of August upon conviction within six moneths after the offence by the confession of the partie or oath of two witnesses before two Justices of Peace is to be imprisoned one moneth without bail unlesse he pay presently to the Church-wardens and Overseers of the poore where he offended or was taken 40 shill for hawking and 20 shill for every partridge or phesant taken 7. Jac. 11. Dal. 68. Lam. 335. Taking of phesants or partridges upon another mans ground by nets or otherwise except unwillingly by trammell and there to let them go again loseth 20 shill a phesant and 10 shill a partridge 11. H. 7. 17. 23. Elis 10. Lam. 447. Hawking in corn before it be cropped without consent of the owner loseth 40 shill ibid. Taker killer or destroyer by gunnes bows setting-dogs nets or other engines of any partridge or phesant except the owner of a warten lord of a manour or having lands of inheritance in his own or his wives right of the clear yearely value of 40 pound or for life of 80 pound or goods worth 400 pound and their houshold-servants authorised by them within their own grounds in the day time onely betwixt Michaelmas and Christmasse upon conviction within six weeks after the offence committed by confession or oath of two witnesses before two Justices of Peace next the place of offence or apprehension to be imprisoned 3 moneths without bail unlesse he pay immediately unto the Churchwardens and Overseers of the poore of one of the said places 20 shill and be bound to the King by recognizance in 20 pound never to offend again the same to be certified at the next generall Quarter Sessions 7. Jac. 11. Buyer or seller of hare deer partridge or phesant except partridges or phesants bred up or brought up from beyond the seas loseth for every deer 40 sh phesant 20 sh hare or partridge 10 sh one moytie to the informer the other to the poore of the parish 1. Jac. 27. Constable by warrant from two Justices of the Peace may search the houses of any not allowed suspected to have any setting-dogs or nets for partridges and finding them may detain kill or cut in pieces any of them 7. Jac. 11. Offences against the statute of 1. Jac. 27. punished by it are not to be punished by Judges of Assize in their circuit Justices of Peace at Quarter Sessions or two Justices of the Peace out of the Sessions 1. Jac. 27. Offences punished by 7. Jac. 11. are not to be punished by any other 7. Jac. 11. Peace Every private person that shall be present at any affray assault or batterie ought to part them that fight and if he take hurt he shall have his action but if they resist him he may not hurt them Lam. 131. Dal. 28. Every man may stay the affrayers till their heat be cooled and then they may deliver them to the Constable to imprison them till they finde sureties of the Peace but they may not imprison them unlesse the one of them be in perill of death by some hurt for then any man may carry the other to the goal till it be known whether the other will live or die Lam. 131. Dal. 28. He which hath mortally hurt another flieth into anothers house any man that pursueth him with hue and crie may break open the house enter and take him Lam. 131 132. Dal. 29. Peers vide Noble personages Pedlers vide Rogues Perjurie Procuring any unlawfully to commit wilfull perjurie in any case depending in Court of Record Leet Count Baron Hundred Court or ancient demesne or hath corruptly suborned any witnesse sworn to testifie
in perpetuam rei memoriam or if any have upon such procurement or by his own act wilfully committed such perjurie the procurer shall forfeit 40 pound and if not worth so much half a yeares imprisonment without bail stand upon the pilloâ—ie for one houâ—e and disabled for a witnesse for ever after The perjured 20 pound and six moneths imprisonment and ever disabled for a witnesse and if not worth 20 pound to have his eares nailed to the pollorie 5. Elis 9. 14. Elis 11. 1. Jac. 25. Lam. 416. Cro. 18. a. b. This offence to be heard and determined in the Sessions Lam. 609. Execution of the forfeiture upon the statute of perjurie to be awarded by the Justices of the Peace before whom the conviction was Lam. 505. Committing of perjurie upon answer to a bill of complaint is not within the statute of 5. Elis 1. but for a false deposition upon examination upon interrogatories Cro. 18. b. If any give false evidence upon a bill of enditement at the Sessions it is held he shall not be punished by the statute of 5. Elis for that the King is not named in the said statute Cro. 16. b. Pettie-treason The wilfull killing or joyning in killing of the husband by the wife the master or mistris by the servant the Ordinary by his clerk is pettie-treason 25. E. 3. 2. Lam. 245 246. Dal. 204 205. Cro. 19. b. The childe maliciously killeth the father or mother it is pettie-treason though the father or mother at the same time give neither meat drink nor wages to the said childe but it is treason in the said childe in respect of the dutie of nature violated Dal. 205. Cro. 19. b. But Lam. saith it is not treason in the childe if the father give it not meat nor drink as to a servant Lam. 245. and do their businesse for it is as a servant The sonne or daughter in law kill the father or mother in law with whom they dwell and do service and have meat and drink it is pottie-treason though such childe take no wages but the enditement shall be by the name of servant Dal. 205. Judgement in petty-treason is a man is to be drawn and hanged if a woman both in high-treason and pettie-treason to be drawn and burned Dal. 206. Lam. 570. The forfeiture for pettie-treason is the King shall have all his goods and for his lands Annum diem vastum and the escheat thereof shall be to every lord of his proper fee. Dal. 206. No clergie is allowed in case of pettie-treason Dal. 212. Pewter vide Brasse Physician One neither Physician nor Chirurgeon taketh upon him to cure a sick or wounded man who dioth under his hand it was felonie 34. H. 8. Lam. 240. Dal. 211. But if a smith or other having skill onely in curing and dressing diseases of horses or other cattell shall take upon him cutting or letting bloud or such like cure of a man who dieth thereof it seemeth to be felonie Dal. Pictures brought from Rome vide Agnus Dei Playes Players vide Unlawfull games vide Rogues Plague Head-officers and Iustices of Peace in a corporation or in a priviledged place or two of them may set a weekly tax on the inhabitants of the corporation or priviledged place or liberties thereof for the reasonable relief of persons infected or dwelling in houses infected within the said corporation or priviledged place 1. Jac. 31. Lamb. 337. Corporation or priviledged place not being able to relieve the persons infected therein upon certificate of the head-officer or Iustices of Peace or two of them to the two next Iustices of the Peace may assesse and tax the inhabitants of the countie within five miles of the corporation at a weekly tax for the relief of them 1. Jac. 31. Lamb. 337. There being no Iustice of Peace in the corporation or the infection being in a hamlet the two next Iustices of the countie may assesse the inhabitants of the countie within five miles of the place infected for the reasonable relief thereof 1. Jac. 31. Lam. 338. The taxes upon refusall to be raised by warrant of the head-officers or Iustices upon the goods of the refuser or upon default of goods returned the partie by another warrant to be impleaded till he make payment thereof with the arrerages 1. Jac. 31. Taxes made for the relief of places infected are to be certified at the next Qu. Sessions and there to be continued enlarged or extended to other parts of the countie or determined by the greater part of the Iustices 1. Jac. 31. Lam. 609. Taxes levied of the countie for the relief of an infected corporation are to be disposed by the head-officer and Iustices of the corporation or two of them and if there be no Iustice then by the Iustices assessors 1. Jac. 31. Officers negligent in levying of the taxes lose 10 shill to be imployed as the taxes 1. Jac. 31. Watchmen not to be impeached for hurting those infectious persons that being commanded to keep in will in offering to come forth resist the watchmen 1. Jac. 31. Any infectious person commanded to keep in goeth abroad and keepeth companie having an infectious sore uncured is felonie without corruption of bloud or forfeiture of goods if without sore to be punished as a vagabond by 39. Elis and bound to his good behaviour for a yeare 1. Jac. 31. Officers of a corporation and Iustices of the Peace in the countie may respectively appoint swear and direct searchers watchers and triers of infected persons and places 1. Jac. 31. Lam. 197. Plaints in Court One Justice of Peace may upon complaint examine the Sheriffe or Undersheriffe and plaintiffe concerning the taking and entring of plaints in their countie Court in bonks against the statute or any bayliffe of the hundred for not warning the defendant in such a plaint according to his precept from the Sheriffe or Undersheriffe and if he thereby finde them faulty that shall stand for a sufficient conviction and attainder without further enquiry or examination and these examinations the Justice must certifie into the Exchequer within a quarter of a yeare on pain of forfeiture of 40 shill for every default 11. Hen. 7. 15. Lam. 201. Dalt 107. Sheriffe entring plaints in any mans name that is not present in Court nor hath any sufficient Atturney or deputie loseth 40 shill So if he enter more plaints then the plaintiffe supposeth he hath cause of action for 11. Hen. 7. cap. 1. Lam. 431. Pond and Pond-heads vide Fish Poysoning vide Murder Pope To extoll the power of the Pope by writing printing preaching or any speech open deed or act advisedly holden or of his See hereto fore claimed and usurped within this Realm or to abbet procure counsel aid or comfort such is treason 5. Eliz. 1. Lam. 411. for the second offence for the first offence Praemunire Dalt 200. Preseâ—…ment at the Quarter Sessions for extolling the power of the Pope of Rome must be certified by
void 3. Jac. 5. Penalties upon the statute of 3. Jac. 5. against Recusants to be recovered in any his Majesties courts of record by action of debt bill plaint or information without â—ssoin protection or wager of law 3. Jac. 5. Married woman under Baronesse convicted of not coming to Church who doth not within three moneths after conform her self to be committed by two Justices of the Peace one being of the Quorum untill conformitie unlesse her husband pay 10 pound a moneth to the King or the third part of his lands 7. Jac. 6. The penaltie of 12 pence and of 20 pound a moneth shall be both of them payed by a Recusant convict Dal. 104. Cook 11. 63. b. Two Justices of the Peace may require a convicted Recusant of small abilitie who repaireth not to the place of his dwelling or place of his birth there to notifie himself to the Minister and Constables according to the statute of 35. Elis or afterwards remove 5 miles from the same if upon apprehension he conform not within 3 moneths to abjure the realm and assigne him his time and haven 35. El. 2. Dal. 8. The form of the oath You shall swear you shall depart this Realm of England and all other his Majesties dominions and that you shall not return hither or come again into any of his Majesties dominious without license of our soveraigne Lord the King or of his heirs so help you God Dal. 107. Stam. 119. Every such Recusant that refuseth to abjure or after abjuration doth not within the time appointed go to such haven and depart or after such abjuration returneth without his Majesties speciall license in every such case shall be adjudged a felon 35. El. 2. Dal. 108. Lam. 419. The Justices of Peace before whom such abjurations shall be made must presently cause the same to be entred at the next generall goal-deliverie in the said countie ibid. The Bishop of the diocesse or any one Justice of Peace or Minister of the parish where such convicted Recusant shall be may require his submission ibid. Justices of Peace at their Quarter Sessions may require heare and determine of all Recusants both for not coming to Church and not receiving the Sacrament according to law as J. of Assize and goal-deliverie may do and at the Sessions in which such enditement shall be taken make proclamation to render their bodies to the Sheriffe and before the next Quarter Sessions at which if the offender make not appearance of record it shall be a conviction 1. Jac. 4. Lam. 616. Regratour Regratour is he that buyeth live or dead victualls tallow or candles in the market and selleth the same there or within 4 miles â—3 El. 25. Lam. 450. Release Iustice of Peace compelleth one of his own motion to give suretie of the Peace untill a certain day he may by like discretion release it before the day Lam. 110. Dal. 146. Cro. 139. b. Partie bound generally to keep the Peace without any day limited it is for life and no man can release it Lam. 110. Dal. 146. Cro. 142. b. Recognisance is taken at the suit of 〈◊〉 to keep the Peace against him onely A may release it before the same Iustice or any other that will certifie it Lam. 110. Dal. 147. Cro. 139. b. 169. a. That release being certified at the next Quarter Sessions will discharge the partie bound of his appearance so that he shall not be called upon for his recognisance Dal. ibid. Recognisance is taken versus cunctum populum praecipuè versus A yet A may release it before any Iustice tamen quaere Lam. 110. Dal. 147. Cro. 142. b. Recognisance is taken by discretion or upon suit the King cannot release or pardon it before forfeiture Lam. 111. Dal. 147. Cro. 140. b. 141. a. The Peace being released the recognisance must not be cancelled but certified at the Sessions with the release lest peradventure the Peace was broken before the release made Lam. 111. Dal. 144. Cro. 1. Whether the good abearing taken upon complaint may be released by any speciall person quaere Lam 133. Dal. 163. Neither the Iustice of the Peace nor the partie can discharge the recognisance of the Peace by the release out of the Sessions for first the recognisance is made by the King and therefore none but the King can release or discharge it Secondly the recognisance is taken for the parties appearance and the release cannot discharge the appearance Dal. 175. The appearance is requisite notwithstanding any release made first for the safetie of the recognisance secondly that others may object in open Sessions if he have broken the Peace that he may be endited thereupon Dal. 176. F. contra Comp. 139. b. If the Iustices of Peace at the Sessions do certifie the release by this the obliged is discharged and shall not be called upon for his recognisance nor his default recorded for the principall cause of the recognisance was the keeping of the Peace the which is discharged by the release which is certified at the Sessions and then the appearance is but accessarie to the same and the intent is onely that then he should finde new suretie if the partie will not release and this is the common usage Vide plus Recognisance Forfeiture Religious houses The owner of the site of a religious house dissolved must keep a continuall house there or lose 20 nobles a moneth to be enquired of at the Quarter Sessions 27. H. 8. 22. 5. El. 2. Lam. 471. Replevin vide Bailment Rescous of a Felon Rescous is to help a prisoner to get away and if it be a felon it is felonie Lam. 229. Dal. 238 239. Rescous of a felon before arrest is no felonie otherwise after arrest Lam. 230. Dal. 229. Quaere Rescuing a prisoner going to the gallows is felonie Dal. 229. A warrant being granted by a Iustice of the Peace for unlawfull hunting of deer or conies to make rescous thereupon is felonie Dal. 57. Rescous against an officer or person authorised to execute the statute of 39. El. 4. loseth 5 pound and is to be bound to his good behaviour Dal. 101. Restitution of Possession None shall have restitution but such as are put out of house or land Dal. 171. 183. Cro. 162. b. Lam. 153. If it be found upon enquirie that any have entred or held with force contrarie to the statute 8. H. 6. 9. the Iustice of Peace may reseise and put the partie so put out in full possession Dal. 182. Cro. 161. b. The Iustice of Peace needeth not to stay or stand upon the right or title of either partie Dal. 183. Cro. 161. b. 164. a. No restitution is to be made where there was onely a possession in law Lam. 153. In a restitution it is not enough that the putting out be found unlesse the enditement do also contain in it adhuc extra tenet Dal. 183. Cro. 163. b. Lam. 153. Restitution ought to be made to none other then the partie put
out Dal. 183. Cro. 162. b. Dal. 183. Lam. 153. After the entring or detaining with force found the Iustice of Peace may by himself or precept to the Sheriffe under the test of himself alone restore the partie grieved to his possession Dal. 185. Lam. 156. None can make restitution but they before whom the enditement is found but the Justices of the Kings Bench either upon certificate made by the J. of P. before whom it was found of the presentment or if the said presentment or enditement be removed by Certiorari Dalt 185. Lam. 157 158. If the Sheriffe return upon a precept or writ of restitution that he cannot make restitution for resistance he shall be amerced for he may take the power of the county Dalt 185. Lam. 157. Cro. 163. b. Justice of Peace before whom the presentment was made dieth before restitution quaere whether the Justices at the Sessions can award it Lam. 155. Justices of Peace ought not to award restituion where the enditement is sufficient in law either in matter or form Dalt 183. In the enditement 1. not onely an entrie must be but also a putting out 2. the enditement must expresse the qualitie of the thing viz. whether it be messuage cottage medow pasture wood or land arable 3. it must say Et adhuc extratenent 4. Expulerunt adhuc extratenent 5. one of these two words manu forti or cum multitudine Dalt 183. Cro. 169. b. Lam. 153. If errour or insufficiencie be in the enditement taken before Justices of Peace restitution awarded any two Justices of those that were present at the taking thereof may at another Sessions or without Sessions grant a supersedeas if the Sheriffe have not made restitution before Dalt 184. Cro. 162. a. If restitution be made by Iustice upon insufficient enditement and it be removed into the Kings Bench the court will restore the partie put out by the Iustice of Peace Dalt 183 184. Cro. 168. a. 1. No restitution upon an enditement to be made if the party endited hath had the occupation or been in quiet possession three yeares together next before the day of the enditement found and his estate not ended which the partie may alledge for stay of restitution untill it be tried if the other will traverse or denie the same 31. Elis cap. 11. Dal. 188. 2 Certiorari 3 A traverse quaere Lam. 158. 4 Insufficiencie of the enditement 5 Insufficiencie of the Iurours not having 40 shill land by the yeare Quaere Iustice of Peace upon enditement found may give restitution as formerly to free-holders to tenants for yeares by copie of court guardians in Knights service tenants by elegit stat merchants or staple 21. Jac. 15. Dal. 201. Restitution of stollen goods He that hath goods stollen if the felon be thereof endited and arraigned and found guiltie thereof or otherwise attainted by reason of evidence given by the partie robbed or the owner of the goods or other by their procurement then the goods shall be restored though they never made fresh suit Dalt And the Iustices have power to award writs of restitution 21. H. 8. 11. Lam. 586. Dal. 262. Cro. 191. a. Executours shall have restitution after attainder or conviction upon evidence by their means given Dalt 262. Three are robbed restitution shall be onely to such for whose goods the felon was endited Dalt 263. Cro. 191. a. A felon stealeth from feverall men is attainted onely at the suit of one the King shall have the goods of those at whose suit he was not attainted Dal. 263. There be divers theeves and onely one principall is attainted the robbed shall have restitution Dal. 263. If the felon sold the stollen goods in market overt or in a fair no restitution except he that bought them were privy to the felony ib. Cro. 191. a No restitution of stollen goods if he know not the felon Dal. 263. No restitution if the felon leaveth the goods and escapeth and the Lord of the manour seiseth them Dal. 263. If the felon had not the goods in his possession when he fled but left them elswhere they are not waived but the owner may take them wheresoever he findeth them Dal. 263. Cook 5. Return Recognisance taken upon supersedeas ought to be returned at the next Qu. Sessions Supplicavit is to be returned into the court whence it came Lam. 107 Return of a recognisance upon a supplicavit is not of necessitie till Certiorari Lam. 109. Return of Iurours vide Iurours Vide Recognisance Release Certificate Riots Riot is where three or more persons be disorderly assembled to commit with force any unlawfull act and do accordingly execute or attempt the same Lam. 176. Dal. 192. Cro. 61. a. What assemblies shall not be said a Riot 1. Sheriffe or Bailiffe leavie people to serve the Kings writs Lam. 178. Dal. 192. 2. Constable gathereth assistance of men with weapons to part an affray Lam. 178. 3 A man threarened to be beaten in his house assembleth company with force or otherwise or threatened to be beat as he goeth to market Lam. 179. Dal. 194. Cro. 69. a. 4. Many assemble together and they know not to what end Lam. 179. Dal. 192. Cro. 61. b. 5. Many assemble at a Church-ale or at a Christmasse dinner and they suddenly fall out and fight Lam. 179. Dal. maketh quaere 193. 6. A number of women and children under the age of discretion stock together for their own cause unlesse moved by a man of discretion to do some unlawfull act Lam. 180. Dalt 196. 7. To gather meer company to carry away a piece of timber which will not be moved without a good many whereto I pretend right though in law it be anothers Lam. 178. yet if he use threatening words as to say he will have it in spight of the other or though he die for it his doing may then become a riot ibid. Dalt 195. 8. To meet to drink at an alehouse to play at football bucklers bear or bul-baiting dancing bowls cards or dice or such like disports Dalt 193. Cro. 61. b. Lam. 178. 9. To use harnesse on Midsummer day at night in London or on May-day in the counney Lam. 178. Dalt 193. Cro. 64. b. The master intending a riot taketh with him his ordinary servants who know not his intent it is no riot in the servants Lam. 179. Dalt 192. Cro. 61. b. 62. a. A Iurie falleth out and fighteth it is no riot Dal. 192. Lam. 180. If any assemble for any disports as aforesaid with intent to break the Peace and make an affray or do other outrage it seemeth to be a riot in so many as come with such intent Dalt 193. Quaere if falling out suddenly at such a meeting and then falling to take parts be a riot Dalt 193. But if by agreement they meet again and fight it is a riot ibidem Vide Crom. 61. b. Dalt 218. It can be no riot except there be an intent precedent to do
some unlawfull act with force Dal. 192. Cro. 61. a. Yet if a man go to Sessions or market with his servants in harnesse though there be no intent to commit a riot yet the manner maketh a riot Cro. 61. a. Vide 2. E. 3. cap. 4. Dalt 195. What one J. of P. is to do in case of Riots He may prevent a riot before it be done or stay it in the doing and in the doing may take and imprison the rioters and binde them to their good behaviour Dalt 84. A riot being done Iustices of Peace can neither record the riot nor make enquirie nor assesse the fine nor award processe nor meddle with it but onely as a trespasse against the Peace Dalt 84. Lam. 181. Iustices of Peace sitting in a judiciall place and seeing a riot may command them to be arrested and recorded and it concludeth the offenders Dal. 84. But a Iustice of Peace in another place seeing a riot and recording it the parties may traverse it ibid. Cro. 65. a. Every Iustice of Peace being of and in the countie having notice of any riot ought to execute the statute 13. H. 4. 7. viz. that the rioters be arrested c. and removed otherwise the next Iustices forfeit 100 pounds apiece and every other Iustice in whom there shall be default fineable in the Starre-chamber Dal. 84 85. Cro. 124. a. One Iustice of Peace may arrest rioters enforce them to finde sureties for the Peace or good behaviour or in default commit them to prison Dal. 84 85 87. Cro. 157. b. Lam. 181. A Iustice of Peace not finding the rioters come to the place may leave his servants to restrain the rioters when they come or else arrest them if they offer to break the Peace Dal. 85. Lam. 181. If the Iustice of Peace be sick he may send his servant to represse a riot or to arrest such offenders and bring them before him to finde sureties for the Peace and his command by word is sufficient Dal. 85. Cro. 64. a. 148. b. One Iustice of Peace may cause all statutes for suppressing of riots to be put in execution Dal. 85. If the riot be notorious it is not safe to stay complaint or information What two Just of Peace may do in a riot They ought to send for the Sheriffe or Undersheriffe if none of them come Dal. 86. Lam. 327. If one or two next Iustices do come and not the Sheriffe or Under-sheriffe each as come shall be excused of their fine of 100 pound Dal. 86. Lam. 327. Cro. 63. b. If one Iustice of Peace in the countie shall execute the statute of 13. H. 4. 7. it shall excuse the next Iustices Dal. 86. Lam. 326 327. Two Iustices of Peace present without the Sheriffe are fineable if they do not all which by the statute of 13. H. 4. 7. ought to be done Dal. 86. Cr. 63 The particulars which the two next Justices of Peace with the Sheriffe or Vnder-sheriffe must do upon the statute of 13. H. 4. 7. Dal. 88. 1 They must go to the place where the riot is Dal. 88. 2 They shall take the power of the county viz. all above 15 yeares of age under the degree of Barons upon pain of imprisonment fine and ransome Dal. 88. Cro. 157. Lam. 314 315. It is good to raise the power of the countie with certain information though it be false and excused or without information if when they come they finde one 88 89. Cro. 64. b. Lam. 315 316. 3 They shall arrest all such offenders or cause them to be arrested bring the force commit to prison the rioters and take away their weapons Dalt 89. Lam. 326 327. And all such as come into the companie if they be present shall be arrested imprisoned and fined as it seemeth Dal. ibid. Such as they meet coming from the place riotously arayed they may arrest and imprison but cannot record any riot done by them but after enquiry may fine them Dal. 89. Cro. 63. a. Lam. 316. The Iustices see the riot committed and the rioters escape they must record them and cannot arrest them but upon fresh suit which record must be sent into the Kings Bench that processe may come from thence Dal. 80. Lam. 318. The Iustices may grant a warrant for such as they saw escaping to be bound to the good behaviour Dalt 81. Cro. 196. a. And so they may do upon information but it is best to do it upon enquirie and so to fine them Dalt 90. In execution of the said arrest of rioters the Iustices may justifie the beating wounding or killing of any the rioters which resist or will not yeeld Dalt 90. Cro. 62. b. 158. b. Lam. 316. 4. After arrest the Iustice Sheriffe or Undersheriffe shall record the riot in writing viz. all that shall be done in their presence against law which ought to be formall and certain as time place number weapons manner c. Dalt 90. Cro. 63. a. Lam. 316 317. The form of the record vide Dalt Lam. 220. If in going to see a riot another riot happen in their presence they may record it arrest and imprison the offenders Dalt 90. Lam. 318. If the rioters make a riot upon the Iustices they may record it also Dalt 90. Iustice records a riot and upon examination it appears no riot or saw it not or there was no riot yet the parties are concluded Dalt 90. Cro. 63. a. 65. a. 130. a. Lam. 317. The Iustices are presently to commit rioters to the goal and the power of the countie ought to be aiding to the Sheriffe or Under-sheriffe Dalt 91. None may commit the rioters but the Iustices who had the view ibid. If the Iustice Sheriffe or Under-sheriffe commit to prison the offenders and do not record the riot every of them loseth 100 pound Dalt 91. Cro. 61. b. The said Justice and none other shall assesse the fine upon the offenders which by the statute of 1. H. 5. 8. ought to be of good value that thereout the charges of the Justice and other officers may be born yet must be reasonable and just Dal. 91. Cro. 61. a. Lam. 317. The fines must be imposed upon every offendor severally Dal. 91. The sine must be estreated into the Exchequer Dal. 91. and then to deliver the offender as it seemeth ibid. The J. as it seemeth may out of the fines pay the charges of the said Iustice and of the Iurie who made the enquirie for their diet and the Sheriffes fees and the Iustices Clerk who maketh up the record may have his fees out of that money or rather may take of every offender 12 pence when they pay their fines Dal. 117 118. Or the Iustice may record the riot commit the offender and after certifie the record to the Assizes Sessions or Kings Bench. Dal. 91 92. The record may be delivered at the Sessions to the Clerk of the Peace together with the residue of the money remaining of the fine Dal. 118. Where
Iustices of Peace are remisse in punishing the rioters the Lords in the Starchamber may and do after assesse greater fines for the same riot Dal. 94. Cro. 63. a. If the riot was not committed in the presence of the Iustice or the rioters gone before their coming two Iustices at least within one moneth next after must enquire thereof by a Iurie returned by the Sheriffe and record the riot being found which is to remain with one of the said Iustices Dal. 92. Cro. 124. a. Lam. 321. The form of such enquirie vide Dal. 9. Lam. 329. Enquirie shall not be unlesse the rioters be gone Dal. 92. It is not necessarie that one of the Justices of Peace be of the Quorum Dal. 92. Cro. 62. b. The enquirie may be made at any time after the moneth but if it be not within the moneth the Justices are in danger to lose 100 pound yet if the Jurie be charged within the moneth and have day after to give up the verdict the statute is not broken Dal. 92. Lam. 322. At the enquirie the Sheriffe or Under-sheriffe must be present but then as ministers onely Dal. 92. Lam. 321. The Justices assembled to enquire within the moneth the parties agree and the Justices dismisse thereupon the Jurie the Justices shall be fined though none will sollicite the Inquest or give evidence to the Jurie for the Justices ought to proceed ex officio seeing some of the Jurie may have knowledge of the riot and they ought to make proclamation if any will give evidence Dal. 92 93. Lam. 322. If at the parties request the J. dismisse the Jurie without enquirie they are fineable in the Star-chamber to the King Dal. 93. P. R. 29. The I. may binde to the good behaviour the parties complaining of the riot who caused them to meet and will not prosecute for the King but have agreed it Dalt 93. Though the Iustices go not to see the riot yet they may enquire within a moneth after Lamb. 321. After enquirie had and the riot found the Iustices have power to heare and determine the same viz. first to make out processe against the offender under their own test Secondly to assesse the fine Thirdly to commit till they have payed the fine Fourthly to deliver them after payment of their fine or sureties taken by recognisance receive their traverse if the matter will serve and dismisse them Dal. 93. Lam. 323. But the Iustices should send such enditement or inquisition to the next Quarter Sessions or into the Kings Bench together with the said traverse there to be tried Dal. 93. If the riot upon enquirie cannot be found the Iustices and Sheriffe must certifie into the Star-chamber or Councell board or Kings Bench the whole fact and circumstance with the names of the offenders c. Dal. 94. Lam. 323 324. The certificate must be made with in a moneth after the enquirie or else it is of no force Dal. 95. Lam. 324. Though two Iustices with the Sheriffe see the riot yet two other Iustices may make the enquirie and they all together or the first two or last two with the Sheriffe or Under-Sheriffe may make the certificate Dal. 95. Lam. 325. Where the severall certificates be made or certificate and enquirie do disagree the best for the King shall be preferred Dal. 95. Lam. 325. If the Iurie finde but some guiltie the Iustices may certifie the rest Dal. 95. Lam. 325. Any materiall thing left out in the inquisition may be omitted in the certificate Dal. 95. Quaere if after enquirie and before certificate the Sheriffe die or one of the Iustices be put out of Commission whether certificate be void Dal. 95. Vide Lam. 326. Upon the certificate of two Iustices and the Sheriffe the Lord Chancellour may grant a Capias to attach the offenders Dal. 95 96. Lam. 318. Upon default of the Iustices and Sheriffe in not executing the statute 13. H. 4. 7. the partie grieved may have a Commission to enquire of the riot as also of the Iustices and Sheriffes default Dal. 95. Rivers Every Iustice of Peace is a conservatour of rivers within his countie and may survey the weares in rivers that they be of reasonable widenesse Lam. 189. Rogues All persons here under mentioned being above the age of 7 yeares may be punished as rogues Dal. 97. 39. El. 4. 1 All going about begging about any pretence or colour though licensed by any subject except in some particular cases after mentioned Dal. ibid. Lam. 442. 2 All going about the countrey using any subtile craft or unlawfull games as fortune-tellers juglers ibid. 3 All projectours patent-gatherers or collectours for prisons and hospitalls ibid. 442. 4 All fencers bearwards common players of interludes and minstrels wandring abroad ibid. Lam. 443. 1. Jac. 7. 5 All pedlers pettie chapmen tinkers and glassemen wandring abroad 1. Jac. 17. Dal. ibid. Lam. 443. 6 All wandring labourers able in bodie refusing to work for reasonable wages having nothing but labour to maintain themselves Dal. ibid. Lam. 443. But such as are of any parish able to work for the usuall wages taxed in those parts are to be sent to the house of correction Dal. ibid. 7 Poore of the parish begging otherwise then is appointed them or begging by high-wayes ibid. are to be sent to the house of correction 8 All pretending to be Egyptians not being felons Dal. ibid. Lam. 443. 9 Souldiers or mariners that begge except souldiers or mariners having a testimoniall from a Iustice of Peace neare the place of their landing with the place of their dwelling or birth to which they are to passe and a convenient time limited for their travell and pursuing the said license 39. Elis 4. or do counterfeit any certificate from their Generall Governour Captain Lieutenant Marshall Deputie or Admicall Dal. 97. 10 Diseased persons travelling to the baths and licensed if they beg or not licensed by two Iustices or not returning as they are limited Dal. 97 98. Lam. 443. 11 A rogue once whipped not performing the order appointed by his testimoniall Dal. 98. 12 A rogue going with a generall pasport not directed from parish to parish Dal. ibid. So a rogue carrying his own pasport without a guide Dal. 98. 13 Servant departing out of service without testimoniall 5. El. 4. or taken with counterfeited testimoniall Dal. 98. 14 Persons infected with the plague going abroad contrary to order 1. Jac. 31. Dal. ibid. 15 Persons able to labour and relieve themselves and families that runne away or threaten to runne away and leave their charge to the parish 7. Jac. 4. Dal. 98. 16 Any calling himself a scholar that hath gone about begging Lam. 443. 17 Any pretending losse by fire or otherwise that wandring beggeth Lam. 443. 18 Any delivered out of goal that hath begged for fee. Lam. 443. Any Justice of Peace may appoint any person to be openly whipped naked even unto bleeding that shall be taken begging wandring or misordering himself and is declared by the
fear thereby though the thing taken be but to the value of an half-peny Dalt 227. Cro. 33. b. But if a felon take money from me in the high-way and shall not put me in fear it is not robberie Dal. 222. Cro. 34. b. Lam. If a thief take nothing from my person but assaulteth me whereby he getteth any thing from me it is robbery Dal. 227. As 1. I cast my purse on the ground and he taketh it away Dal. 227. Lam. 268. 2. After assault he prayeth me to give him a peny and I do so Dal. 227. 3. If upon assault I deliver my purse Dal. 227. Cro. 34. a. Lam. 267 268. 4. If flying from a thief I cast my purse into a bush and he doth after a day take it away Dal. 227. Cro. 34. b. 35. a. Lam. 268. 5. If upon assault I flie away and my hat fall and the thief carry it away Dal. 227. Cro. 35. a. 6. If a thief bid me deliver my purse without any force used and I deliver it and he finding but two shillings in it delivers it again Dal. 227. Cro. 34. b. 7. If by threats he compell me to swear to bring him money and afterward I bring him the money accordingly Dal. 228. Lam. 228. 8. In some cases it is robberie though the thief neither take it from my person nor assault me As 1. A thief taketh my goods openly in my presence against my will the fear is the like as if it had been from my person Dal. 228. Cro. 34. a. Lam. 269. 2. To take a horse or a beast out of my pasture I looking on if the felon put me in fear Dal. 228. Cro. 34. b. 3. To make it robbery the person must be put in fear Dal. 228. Cro. 34. b. 4. Two come to rob me and one acteth it being out of the sight of the other who after returneth to him it is robbery in both Dal. 228. Cro. 34. a. Lam. 270. To assault one to rob him without taking any thing is not robberie Dal. 227. Cro. 34. a. After a robbery committed the hundred must answer the losse if the robbers be not taken within 40 dayes if it be done in the division of two hundreds both hundreds the franchises within them must be answerable Dal. 128. No person robbed shall bring any action upon the statute of Hue and Cry except he be first examined within 20 dayes next before the action and brought upon his corporall oath before some one Iustice of Peace of the countie where the robberie was committed whether he doth know any of them that did the robberie upon which examination if he confesse he knoweth any of them then shall he before such action brought enter into recognisance before the said Iustice effectually to prosecute such persons by indictment or otherwise according to the due course of the laws of this Realm 27. Elis 13. Lam. 202. After robbery committed the robbed shall not recover against the hundred except 1 with all convenient speed he give notice of the robbery to some inhabitant neare to the place where the robbery was committed 2 He commence his action within a yeare and a day next after such robbery committed 3 He be examined ut suprà Dal. 104. before a Iustice of Peace The whole hundred must answer the robbery if the robber be not taken within 40 dayes and the hundred wherein defect of fresh suit is one moytie Dalt 129. Any two Iustices of Peace in the hundred one being of the Quorum may assesse all towns and parishes in the said hundred and liberties therein towards an equall contribution which money the Constable must deliver to the same Iustices within ten dayes after collection and they upon request to those to whose use it was collected Dal. 104. Cr. 197. a And the hundred shall be assessed in like sort in default of pursuit of fresh hue and cry Dal. 105 129 Robbery in a house doth not charge the hundred whether it be done in the day or in the night ibid. The hundred is discharged upon taking of any of the offenders by pursuit Dal. 109. so if the partie robbed take any of the offenders after hue and cry made Dal. ibid. Robbing a house or any out-house as a barn or stable in the day to the value of 5 shill Robbing a house by day or by night any person being therein and thereby put in fear Robbing any person in any part of his dwelling house the owner or dweller wife children or servants being in any place within the precinct of the same sleeping or waking Robbing any booth or tent in fair or market the owner his wife children or servants being in the same sleeping or waking All these are as penall as Burglarie Dal. 146. Lam. 265. 39. Elis 15. Rome vide Pope Rout. Rout is where three or more persons be disorderly assembled to commit with force whether they put in execution their purpose or no if they so do go ride or move forward after their first meeting Lam. 176. Sacriledge SAcriledge is the felonious taking of goods out of any Church or Chappell Lam. 420. Sacraments Three Iustices of Peace may take accusation by oath of two witnesses against such as deprave the Sacrament of the Supper and examine what witnesses were by and binde them all to give evidence at the day of triall and they being found guiltie shall be imprisoned and fined 1. Ed. 6. 1. Lam. 366 416. Quaere Three Iust of Peace one being of the Quorum may award against one endited upon the statute of 1. E. 6. 1. for depraving the Sacrament a Capias Exigent and Capias ut legat into any shire 1. Ed. 6. 1. Saltpeter-men Saltpeter-men cannot dig in the mansion house of any subject without his assent in regard of the danger that may happen thereby in the night time to the owner his family and goods by theeves and other malefactours Dal. 177. Cook 11. 82. Schoolmaster To keep or maintain a schoolmaster which resorteth not to Church or is not allowed by the Bishop or Ordinary of the Diocesse the maintainer forfeits ten pounds for each moneth and the schoolmaster to be imprisoned for a yeare without bail and disabled 23. Elis 1. Lam. 419. Any keeping a schoolmaster out of the Universitie except in publick Grammar-school and except in such Noblemen and Gentlemens houses as are not Recusants and licensed by the Archbishop or Guardian of the Diocesse both keeper and schoolmaster forfeits 40 sh a day 1. Jac. 4. Seditious sectaries One Justice of P. may within three moneths after the conviction of any seditious sectarie or Popish Recusant described in the statute of 34. El 1 require the submission of him to conformitie and in default of such submission may require him to abjure the Realm and if he refuse or after return without license it is felonie 35. El. 1. 2. Lam. 204. Sermon vide Preaching Servants vide Labourers and Apprentices Serving-men vide Testimoniall Sessions of the Peace
The Sessions of the P. is an assembly of any two or more Just of P. one being of the Quorum at a certain day place within the limits of their Commission appointed to enquire by a Iury or otherwise to take knowledge and thereupon to heare and determine according to their power of causes within the Commission and statute referred to their charge Lam. 278. Sessions held without summons are good but then none shall lose any thing for default of appearing Lam. 380 381. Summons of the Sessions is usually by precept written to the Sheriffe and by him to be returned at the Sessions Lam. 381 385. Precept for summoning the Sessions may be made by any two Just of Peace one being of the Quor but not the Custos Rotulorum alone and summons cannot be discharged by Supersedeas of all the other Justices but by Supersedeas out of the Chancerie Lam. 382 383. Sessions held by one Iustice of Peace is not good although it were summoned by two and styled by their names but by two sufficient Iustices it is good though it be styled by the name of three Lam. 383. Quarter Sessions are to be held foure times in the yeare viz. the first week after S. Michael the Epiphanie the clause of Easter after the translation of S. Thomas the martyr which is 2 Iuly 2. Hen. 5. 4. Lam. 597. The Easter Sessions by 33. Hen. 8. cap. 10. are to be holden as arbitrable and therefore though by summons they be to be kept in one place yet they may be kept in another but then there can be no amerciament for default of appearance Lam. 383 384. Two Sessions at one time for one Countie lawfully summoned at two places both are good and appearance at one shall excuse default of appearance at the other and presentments taken before either of them shall be good 384. At a generall Sessions all matters enquirable by Iustices of Peace either by their Commission or by statute ought to be given in charge otherwise a speciall Sessions Lam. 623. and may be held three dayes 606. Two sorts of men ow their ordinarie attendance at the Qu. Sessions viz. officers and ministers of the Court and Iurours of the Countie Lam 386. Officers are the Custos Rotulorum where he ought to attend by himself or his deputie 387. The Clerk of the Peace 393. Iurours for enquirie and triall 396. The Iustices of Peace if need require may keep a speciall Sessions by vertue of their Commission or by the statute 2. Hen. 4. 5. Lamb. 623. Summons of a speciall Sessions is for the most part for some speciall enquirie and not to the generall service of the commission Lam. 623. All matters within the commission or statute may at a speciall Sessions of the Peace be given in charge yet they are at libertie to give in charge either all or any of them Lam. 623 624. If two Iustices of the Peace one being of the Quorum make a precept to the Sheriffe for the holding a Sessions at such a place and day and to return a Iurie before them either Iustice can by their Supersedeas to the Sheriffe inhibite him Cro. 126. b. but the King by his writ of Supersedeas may discharge it ibid. A man is bound to appeare before a Iustice of Peace within fourty dayes after in the mean time a generall Sessions is kept he ought to appeare before the Iustice at the Sessions Cro. 123. a. nu 18. A Iustice commands one on pain of 10 pound by his precept to appeare at the next Sessions and he doth not no Scire facias shall go against him more then upon a Sub poena but it seemeth he may be attached upon a contempt Sewers Commission of sewers being expired 6 Iustices of Peace two being of the Quorum may for one yeare after execute the laws of Commissioners of sewers unlesse a new be published 13. El. cap. 9. Sheep To transport sheep beyond the seas without license or to procure the same is felonie the second offence 23. H. 8. 16. 8. Elis 3. Lam. 227 425. Any bringing sending or receiving into any bottome any sheep alive out of the Kings dominions or procuring the same loseth his goods is to be imprisoned for a yeare and then in open market to lose his left hand 8. Elis 3. Lam. 456 457. Any keeping at one time above 2000 sheep of all sorts against the purport of the statute loseth 4 shil 4 pence for every sheep above 2000. 28. Hen. 8. b. 13. Sheriffe The Custos Rotulorum or eldest of the Quor in his absence is to appoint at Michaelmasse Sessions two Justices of Peace whereof one of the Quorum to have the oversight and controlment of the Sheriffe Under-sheriffe their officers and deputies and of their books and amerciaments in their county Courts and either of these two Iustices or one Iustice of the Peace Lam. 201. may examine the Sheriffe or Under-sheriffe and plaintiffe concerning the taking and entring plaints in their Courts and books against the statute 11. Hen. 7. 15. Dal. 107. Lam. 201 295 600. The particulars are Dal. 107. Lam. 131. 1. If any plaints be entred in their books in any mans name the plaintiffe or sufficient Atturney not being in Court 2. If the plaintiffe finde not pledge to pursue his plaint viz. such as are known in that countrey 3. If they enter more plaints then one for one trespasse or contract 4. If they enter more plaints then the plaintiffe supposeth he hath cause of action for against the defendant If upon examination the Iustices finde any default it shall stand for conviction without further enquiry or examination and they forfeit 40 shill to the King and to the informer for every default and the Iustices must certifie the examination to the exchequer within a quarter of a yeare on pain of 40 shill Dalt 107. The like for bailiffes of hundreds in not warning the defendants to appeare Dal. 118. Sheriffe to make once a yeare estreats to levie their shire-amerciaments until the two Iustices have had a view and oversight of the books and the said estreats shall be indented betwixt the said Iustices and Sheriffe or Under-sheriffe under their seals Dal. ibid. The said two Iustices or one of them may examine the defaults of collectours of shire-amerciaments whose finding of default is a sufficient conviction and forfeiture of fourtie shillings prou◠contrá The said Iustices upon information of the party grieved may make like processe as in action of trespasse against the Sheriffe c. to appeare then to answer the said information or suggestion Dalt 108. Sheriffe ought to be at the Sessions to return his precept and keep the prisoners Lam. 395. In these cases following the Sheriffe c. did forfeit 40 pounds and treble damages to the partie grieved 23. Hen. 6. 16. Lam. 430 431. 1. Sheriffe that letteth his Bailywicks or any of his hundreds 2 Or returneth in any pannels any bailiffes officers servants or servants
servants 3 Or refuseth to bail those that are bailable offering sufficient suretie 4 Or taketh any obligation by colour of his office but onely to himself and upon the name of his office and upon condition onely to appeare according to the writ or warrant 5 Or having taken for an arrest above 20 pence 6 Or above 4 pence for any obligation warrant or precept 7 Or above 4 pence for the copie of a pannell 8 Bailiffe for taking above 4 pence for making an arrest 9 Goaler taking above 4 pence of any committed to his ward upon arrest or attachment 10 Sheriffe or his ministers that shall levie any of the Kings debts without shewing the partie the estreats under the Exchequer seal shall be fined and pay trebble damages to the partie 42. El. 39. 7. H. 43. Lam. 432. 11 Sheriffe or other his minister arresting imprisoning ransoming of or levying any amerciaments by reason of any enditements or presentments made in the Sheriffes turn without processe first obtained from the Iustice of Peace or that hath not brought in such enditements and presentments to the Iustices of the Peace at the next Sessions loseth 10 pound 1. El. 4. Lam. 431. Sheriffe or any other who maketh return of any writ that returneth any Iurour without true addition of the place of his abode or within a yeare next before or without some addition by which the Iurour might be well known loseth 5 marks to the King and 5 marks to the partie 27. El. 7. Lam. 432. Sheriffe or goaler denying to receive felons by the delivery of any Constable or Township or having taken any thing for receiving such 4. E. 3. 10. Lam. 434. Sheriffe bailiffe or other officer or person refusing to pay over to the Churchwardens c. the moytie of the forfeitures by the statute of 4. Jac. against uttering of beer or ale to ale house-keepers unlicensed forfeiteth double value 4. Jac. 4. Lam. 434. Iustice of Peace being chosen Sheriffe his authoritie of I. is suspended during his Sheriffewick but after another is chosen and sworn his authoritie as a Iustice of Peace is as it was before without any new oath except he be left out of the commission Dal. 12. edit 1626. Shoes Making shoes pantofles c. contrarie to the rules prescribed in the statute loseth 3 shillings 4 pence for every paire of shoes c. and the value of 1. Jac. 22. Lam. 465. Shewing of boots c. on the sunday with intent to sell them loseth 3 shillings 4 pence and the value of them 1. Jac. 22. Lam. 466. Shooting vide Archerie Crosbows Partridges Silk vide Apparell Sope vide Vessells Souldiers Souldier serving the King by sea or land doth willingly give purloyn or put away any horse or harnesse wherewith he was set forth or taken from other souldiers was appointed to him upon complaint thereof to a Iustice of Peace he shall be committed without bail till he have made satisfaction unlesse he have been formerly punished by the Generall or other or shew forth in writing under seal the lawfull losse thereof 2. 3. E. 6. 2. Lam. 194. Souldiers passing out of the Realm to serve any forrain Prince c. not having before their passage taken the oath of alleagiance before the officer appointed thereunto is felonie 3. Jac. 4. Dalt 247. Souldier being a gentleman or of a higher degree or captain or other officer in camp passing to serve any forrain Prince c. before they be bound to the King with two sureties before the officer appointed not to be reconciled to the Pope c. or to consent to any conspiracie against the King but to disclose all conspiracies upon knowledge thereof c. it is felonie ibid. Souldier entred upon a record and having taken presse-money and that departeth without license it is felonie 1. H. 7. 1. 3. H. 8. 5. Dal. 247. or if they depart without license after they have served in the Kings warres 2. Ed. 6. 2. Dalt ibid. So of mariners and gunners that have taken presse-money to serve the King on the sea and come not unto or depart from the captain without license it is felonie 5. Elis 5. Dal. 247. In these cases following by the statute of 39. Elis 17. souldiers and mariners do become felons Dal. 247. Such which set themselves not to some lawfull course of life but wander up and down idlely not having a lawfull testimoniall if they come from beyond sea from some Iustice of Peace neare the place of their landing expressing the place and time of their landing the place to which they are to passe and a time limited for their passage or having such a testimoniall if they shall exceed the time limited To forge or counterfeit such testimoniall or to have a forged testimoniall knowing that it is forged Or being retained in service after his arraignment c. if he depart within the yeare without his Majesties license Poore souldier or mariner or sea-faring man suffering shipwrack may have a license from a Iustice of Peace next to his landing to passe to the place of his repair and may ask and receive necessary relief in his direct passage within the time limited to him 39. Elis 4. 39. Elis 17. Dal. 99 102. Lam. 303. Every parish is to be taxed to the relief of disabled souldiers by the greater part of the Iustices at their Quarter Sessions next after Easter so as no parish be above ten pence nor under two pence weekly to be paid so as the totall summe in any Countie where there shall be above 50 parishes do not exceed six pence every parish 43. Elis 3. The said taxation to be assessed within themselves and in default thereof by the Churchwardens and pettie Constables or the greater part of them in default thereof by the Iustices or Iustice of Peace dwelling in the same parish or if none be there in the parish next adjoyning 43. El. 3. In default of payment of the same assesse the Churchwardens and pettie Constables may levie it by distresse and sale c. and in their default the aforesaid Iustices or Iustice of Peace 43. El. 3. The Churchwardens and pettie Constables are to pay over their collections to the high Constable 10 dayes before every Quarter Sessions and the high Constables at every Quarter Sessions are to pay it over to the Treasurer ibid. If any of them make default then the Church-wardens or pettie Constables forfeit 20 shillings and every high Constable 40 shillings to be levied by the Treasurer by distresse and sale for augmentation of stock 43. El. 3. Treasurer for maimed souldiers must be 10 pound in lands or 50 in goods in the subsidie and continue but for a yeare and within 10 dayes after Easter Sessions following to give account to his successour in default thereof or for other misdemeanour in his office to be fined 5 pound or above by the part of the Iustices of Peace 43. El. 3. Souldier or mariner sick or maimed by
service in his Majesties pay upon lawfull certificate thereof by the generall muster-master or receiver of the muster-rolls Treasurer or controller of the navie under his hand is to come to the Treasurer of the countie where he was prest or if he were not pressed then to the Treasurer of the countie where he was born or last dwelt 3 yeares if he be able to travell so farre or otherwise to the treasurer of the Countie where he landed by him to be relieved according to his discretion till the next Qu. Sessions at which time the more part of the Iustices may according to their discretions grant him a pension during his life being not duely revoked or altered 43. Elis 3. Treasurers are to make payment quarterly of such pensions as shall be granted by the most of the Iustices at the Q. Sessions under their hands and by them to be fined if they refuse to pay them 43. El. 3. Pensions of souldiers and mariners not having born offices are not to be above ten pound under the degree of a Lieutenant fifteen pound a Lieutenant twenty pound 43. Elis 3. Pensions are revocable or alterable at the discretion of the Iustices in the Qu. Sessions 43. Elis 3. Treasurer where any maimed souldier or mariner shall arrive upon certificate without allowance may give a testimoniall of his own allowance and convenient relief to carry him to the next County leading him to the place where the generall muster-master shall be and so may the treasurer of each Countie leading him thither and from thence to the Countie where he is to have his pension 43. Elis 3. Treasurer is to enter into a book money received and disbursed with the parties names and certificate to whom it was paid 43. Elis 3. Treasurer not allowing a certificate in the act of 43. Elis 3. expressed must endorse the cause thereof on the certificate 43. Elis 3. Souldier or mariner counterfeiteth a certificate or having a pension beggeth he shall lose his pension and be delivered a rogue 43. Elis 3. Souldier or mariner that cannot be relieved in the County where he was pressed by reason that whole taxation is imployed shall be relieved where he was born or dwelt the last three yeares at his election 43. Elis 3. Overplus of the stock for maimed souldiers is to be imployed by the greater part of Iustices at the Qu. Sessions to such charitable uses as are set down in the statute for poore except it be by them reserved for future pensions 43. Elis 3. Starre-chamber The experience of Starre-chamber is the best guide and direction for a Justice of Peace Lam. 175 Stollen goods After attainder upon evidence by the owner the stollen goods are to be restored to the owner by writ of restitution awarded by the Iustices before whom the attainder was 21. H. 8. 11. Lam. 586. Dal. 262. Cro. 191. a. Vide Restitution of stollen goods Stewards of Courts Stewards of the Sheriffes turn Leet or Pypowders cannot grant suretie of the Peace unlesse it be by prescription but every of them may commit him to ward that shall make an affray in their presence whilest they be in execution of their office which the steward in a court Baron cannot do Lam. 14. Dal. 2. Stocks of the shire The parishioners and in their default the Church-wardens and Constables are to assesse the tax imposed upon the parish by the Iustices at Easter Sessions towards the relief of the prisoners in the Kings Bench Marshalsey Hospitalls and other losses by fire c. In default of them any Justice of Peace dwelling in that parish or if none dwell there the next Justice may assesse the same and the same Iustice of Peace or any other Iustice of Peace in that limit in default of the Churchwardens and Constables may levie the same by distresse and sale of the offenders goods and in default of distresse may commit such persons without bail till they pay the same 43. Elis 2. Dal. 110. In all taxations observe these rules Dal. 110. 1 The most reasonable taxation of land is by the yearely value not the quantitie 2 He that occupieth lands in his own hands in severall parishes shall be charged in every parish propoitionably for his land there 3 The farmer shall be rated for the land and not the lessor 4 A man is not to be rated for his farm-rents for that the occupier of the lands is chargeable for the same 5 By goods in most cases a man may be rated as well as by lands but not both by goods and lands 6 A man shall be charged for goods onely in that town where the goods be at the time of assessment the Constable and major part of the parishioners upon warning given in the Church may make such taxations by law Dalt 106. Cook 5 6 7. The like may be done by the Churchwardens and the greater part of the parishioners for Church-charges Dalt ibid. If the greater part will not meet the officers and such as will meet may tax Dal. ibid. Where a man is charged by goods they must be bona notabilia Dalt 131. Vide Taxations Subsidie Upon proof before two Justices of Peace that a subsidie man by covin hath escaped taxation they shall charge him at double the value of so much as he ought to be taxed at and he shall be further punished at the discretion of the said Justices Lam. 3â—6 Suggestion vide Information Summons of the Sessions vide Sessions Sunday All persons shall resort to their parish Church or Chappel accustomed or upon reasonable let to some usuall place where Common prayer shall be used upon every Sunday and other day ordained and used to be kept holy day and then and there to be orderly and soberly during the time of Common prayer preaching or other service of God or lose 1â— pence for every offence to be ievied by the Church-wardens there to the use of the poore by way of distresse 1. Elis 2. Dal. 80 81. though he be Popish Recusant convict or not convict ibid. If any subject do not resort and repair every Sunday to some Church or Chappel or some usuall place appointed for Common prayer and there heare divine Service according to the statute 1. Elis 2. it shall be lawfull for a Iustice of Peace of that limit upon proof by confession of the partie or oath of witnesse to call the partie before him and if he or they make not a sufficient excuse to the satisfaction of the said Justice then to give warrant to the Churchwardens of the said parish under his hand and seal to levie 12 pence by distresse to the use of the poore for every default and for want of distresse to commit the offender to prison every offender to be called in question for one moneth after the offence 3. Jac. 4. Lam. 418. None punished according to the branch of the statute of 3 Jac. 4 shall be punished by 1. Elis 2. for the same offence 3. Jac. 4.
There shall be no meeting assemblies or concourse of people for any sports or pastime out of their own parishes on the Lords day nor Bear-baiting Bul-baiting Interludes common playes or other unlawfull exercises within their own parishes upon forfeiture of 3 shillings 4 pence to the use of the poore upon view of one Justice of Peace confession of the partie offending or oath of one witnesse to be levied by warrant of the said Justice under hie hand and seal to the Constable and Churchwardesn in default of distresse the offender to sit in the stocks three houres The offender to be questioned within one moneth 1. Car. 1. Carryers waggoners waynmen drovers shall not travell with horse waggons carts or cattell upon Sunday upon pain of 20 shillings for every offence Neither shall any Butcher kill or sell any victuall upon Sunday on pain of 6 shillings 8 pence upon view of one Justice of Peace confession of the partie or oath of two witnesses the penaltie to be levied by the Constable or Churchwardens to the use of the poore by warrant from any Iustice of Peace by distresse or by any that will sue for the same at the Qu. Sessions in the same Countie within six moneths his reward not to be above the third part 1. Car. 1. Shewing of boots on the Sunday with intent to sell them loseth 3 shill 4 pence and the value of the boots 1. Jac. 22. Lam. 46. Supersedeas Supersedeas is sufficient though it heither name the sureties nor contain the summe wherein they are bound but it is better if it do both Lam. 96. Dalt 139. Supersedeas delivered to the officer if he urge new sureties the partie may refuse and if he be committed he may have his action Lam. 99. Dal. 139. Supersedeas out of the Chancery will discharge suretie of the Peace in the Kings Bench and either of them a precept for the peace awarded by a Iustice of Peace and an attachment lyeth against him if he surcease not and he may be imprisoned and fined for it Lam. 99. Dal. 140. Supersedeas received by a Iustice of Peace out of an higher court he should forbear to make any warrant or if one be made to send out his Supersedeas to the Sheriffe or other officer to desist to put it in execution Lam. 99 100. Supersedeas out of the Chancery is to be certified at the next Sessions together with the recognisance for the Peace if the Supersedeas do testifie that he hath found suretie in the Chancery onely unto a certain day which day it after those Sessions if the Supersedeas come to his hands after his recognisance taken Lam. 13. Dalt 140. Supersedeas for the good abearing quaere if it be granted by a Iustice of Peace Lam. 123. Dalt affirmeth it 164. Cro. 237 a. A Supersedeas made by a Iustice of Peace and returned under his seal is a sufficient record to prove a recognisance taken for the Peace and warrant to call the partie bound and if he make default to record the same Lam. 97. If a Iustice of P. will by a Supersedeas discharge a Precept for the Peace awarded by another by vertue of his office and not by Supplicavit the recognisance would be taken according to the form of the Precept Lam. 96. Dal. 139. Certiorari to remove a record is in it self a Supersedeas to the Iustice yet the partie may have a Supersedeas to the Sheriffe that he arrest him not upon the Iustices record Lam. 515. Whether the Iustice ex officio after a Certiorari ought to award their Supersedeas to stay proceeding upon their record quaere Lam. ibid. An exigent awarded against one indicted of a trespasse before the Iustices of Peace may be stayed by Supersedeas out of the Chancerie upon suretie found there to appeare the day in the Writ though he be taken upon it Lam. 326 327. So by Supersedeas granted by two Iustices of Peace one being of the Quorum testifying that he hath found sureties al. fine assidendo ibid. By one Iustice of Peace Dal. 176. Cro. 334. If a Supersedeas be directed to the Iustice of Peace and Sheriffe the Iustice to whose hands it shall be delivered may keep it and deliver the libell to the partie Dalt 140. Supersedeas granted for the Peace or good behaviour out of the Chancery or Kings Bench is void unlesse it be upon motion in open Court and upon sureties of five pounds in lands or 10 pounds in goods in subsidie Whether the partie bound sending the Supersedeas to the Sessions be discharged of his appearance there quaere Dal. 140 141. Lam. 113. Supplicavit He onely to whom the Writ of Supplicavit is delivered must execute it Dal. 153. The Iustice that receiveth the Writ may make the Warrant to the Constable or other partie and indifferent and if he refuse to finde sureties to carry him to prison Dalt 153. The partie attached can be bound onely before him that sent out the Warrant Dalt 153. The Iustice is to execute the Supplicavit as it directeth Dal. ibid. If the summes be left to discretion it is safe to take good summes Dalt ibid. After sureties taken the Iustice may make him a Supersedeas Dalt 153. The Iustice needs not return the Supplicavit nor make certificate untill a Certiorari do come to him Lam. 10. Dalt 157. Supremacie To refuse the oath of Supremacie the first offence is Praemunire the second Treason 5. Elis 1. Suretie of the Peace Suretie of the Peace is the acknowledgement of a recognisance to the King taken by a compettent Iudge of record for the keeping of the Peace Dal. 127. Every Iustice of Peace may take and command the Peace either as a Iudge or a Minister Dalt ibid. Iustice of Peace may command suretie of the Peace either of his own discretion or at the prayer of another In what cases a Justice of Peace may command suretie of the Peace by his own discretion Dal. 128 129. 1 One that maketh an affray upon the Iustice himself or an assault 2 Such as in his presence make an affray upon another or offer to strike another 3 Such as in his hearing shall threaten to kill beat or hurt another or to burn his house 4 Such as in his presence contend onely in hot words 5 Such as in his presence go or ride armed offensively or with unusuall number of servants or attendants And servants and labourers that bear any weapons contrary to the statute of 12. Ric. 2. 6 Any person by him suspected to be inclined to break the Peace 7 If the Constable bring one before him that shall threaten to kill maim or beat another 8 If the Constable bring one who in his presence attempted to break the Peace by drawn weapon striking or assaulting another 9 Whom the Constable findeth fighting or quarrelling in a house he may break open the doore and bring them before a Iustice of Peace to be bound 10 He may make his warrant
Clerks or any other â—…edling with returning of writs or execution of processe into any Court of record So of Bayliffes any of them executing their office before such oaths taken lose 40 pound 17. Elis 12. Lam. 356. 431. 433. Undersheriffe or his Clerk or deputy doing any thing against their oath lose treble damages to the party Lam. 433. Unlawfull Games Every Iustice of Peace may enter into any common place where any playing at dice tables cards bowls coâ—…s cayls tennis casting the stone football or other unlawfull game now invented or hereafter to be invented shall be suspected to be used and may arrest the keeper of every place and may imprison them untill they finde sureties by recognizance no longer to use such house gaâ—…e play alley or place 33. H. 8 9. Lam. 191. Dalt 4â— Cro. 79. 131. a. 196. a. 197. b. Lam. 349. 479. Iustice of Peace may arrest and imprison such players till they be bound no more to play at such game Lamb. 192. Dalt 48. Cro. 172. a. b. Lam. 349. 479. Artificer of any occupation or any husbandman apprentice labourer servant at husbandry journey-man servant of artificer mariner fisherman waterman or servingman other then of a Nobleman or of him that may dispend 100 pound by the yeare playing within the precinct of his masters house shall not play out of Christmasse at any unlawfull game or in Christmasse at any unlawfull game or in Christmasse out of the house or presence of his master 33. H. 8. 9. 12. R. 2. 7. 10. Lam. 479. 17 shill 8 pence every time Quaere if other games besides those prohibited 33. H. 8. 9. he unlawfull as the morrice other open dances bearbaytings common playes which seem to be prohibited by 39. Elis 4. Dalt 48 49. All offences against the statute of unlawfull games may be heard and determined at the Quarter Sessions Assizes or leet within which they shall happen Vide plus Sunday Unlawfull assemblies An unlawfull assembly is of the company of 3 or more persons disorderly coming together forcibly to commit an unlawfull act as to beat a man or to enter upon his possession or the like Lam. 275. Dalt 191. Cro. 68. b. P. R. 25. First An unlawfull assembly it is onely to meet to such a purpose though they willingly depart without doing any thing Secondly after meeting to move forward towards the executing of such act whether it be done or no is a Rout. Thirdly to execute such thing is a Riot Dalt 191. Lam. 175 176. In an unlawfull assembly Rout or Riot two things are common and must concurre first that three persons at least be gathered together secondly that their being together breed some apparent disturbance of the peace either by speech shew of armour turbulent gesture or actuall and expresse violence to affright peaceable men or imbolden light and busie bodies by their examples Lam. 176 177. There be three degrees of seditious and riotous assemblies the first from three to twelve the second of 12 or more the third of 40 and upward Lam. 183. 1. Elis 17. Iustice of Peace may at his discretion assemble subjects to take such and may take them and shall be unpunished for hurting maiming or killing them if they make resistance Lam. 184. Iustice of Peace is to take the declaration of any person that being moved to such an assembly will within 24 houres after reveal the same Lam. ibid. Vide Forcible Entry Riots Usury Corruptly to contract for more then 8 pound in the hundred for forbearance for one yeare loseth treble value of the moneys wares merchandise and other things so lent bargained sold exchanged or shifted 21. Jac. 17. Scriveners taking above 5 shill for procuring 100 pound and a bond 12 pence forfeit 20 pound ibid. Utlawry Offenders against the Peace for conspiracies and of Routs in presence of the Iustice or in affray of the people being indicted thereof if they be not brought in by attachment or distresse for insufficiencie are to be outlawed 1. Ed. 3. 5. Lam. 522. After Utlawry the Iustice of Peace can award no processe but must certifie the Utlawry into the Kings Bench. Lam. 521 522. One Utlawry of felony before a Iustice of Peace doth appear and saith he was in the Kings service beyond sea under-such a Captain or in prison in such a County the Iustice cannot write to the Captain or County Marrow Lam. 552. Wages RAtes of wages of servants and labourers are to be made by the Iustices of Peace at Easter Q. Sessions and by them to be ingrossed in parchment under their hands and seals and after it shall be lawfull for the Sheriffe of the said county to cause proclamation to be made of the severall rates so rated in so many places of their severall authorities as to them shall seem convenient and as if the same had been set down by the Lord Chancellour or Keeper after declaration thereof to the Kings Majest and certificate thereof into the Chancery 1. Jac. 6. 5. Elis 4. 39. Elis 12. Any giving wages contrary to the rates appointed and proclaimed loseth 5 pound 5. Elis 4. 1. Jac. 6. Lam. 474. Every Iustice of Peace not having lawfull excuse testified by oath of one that is in subsidy 5 pound c. that shall not assemble at Easter-Sessions to rate the wages of servants c. shall lose 10 pound 5. Elis 4. Lam. 632. Any having authoritie by 5. Elis 4. to rate wages may rate the wages of labourers weavers spinsters and of any working by day week moneth or yeare or by great 1. Jac. 6. No penalty for not certifying the rates of wages into the Chauncery according to the statute of 5. Elis 4. if they be daily proclaimed 1. Jac. 6. Rates of wages ingrossed in parchment are to be kept by the Custos rotulorum if in a corporation amongst the records thereof 1. Jac. 6. Any two Iustices of Peace may imprison without bayl the master for 10 dayes for giving and the servant workman or labourer for taking greater wages then are assessed by the Iustices of Peace and proclamation thereof made in that county 5. Elis 4. Dalt 611. Every retainer promise or payment of wages or other thing whatsoever contrary to the true meaning of â— Elis 4. and every writing and bond for that purpose is utterly void Dal. 61. Iustice of Peace may have his action of debt against the Sheriffe for his wages at the Sessions Cro. 177. a. Iustices of Peace shall be paid their wages out of the fines amerciaments of the same Sessions and they ought to assesse the fines in the Court and then the Clerk shall indent the estreats betwixt the Iustices and Sheriffe and the Iustices shall put their names thereto to the end the Sheriffe may know to whom to pay wages and levy the same to pay to the Iustice whereupon the Sheriffe shall be allowed the same upon his accompt in the exchequer 14. R. â— 11. Cro. 177. Lam. 58. Wainlings
Any killing any wainling Calves under â— yeares old to sell lose 6 shill 8 pence for every offence determnable at the Q Sessions 24. H. 8. 9. 1. Jac. 25. Lam. 453. 607. Wait-lying Lying in wait to maim or kill any other is to be fined Lam. 446. Warrants The Iustice of Peace his command by word of mouth is in some cases as strong as his precept in writing Dalt 287. As a Iustice of Peace seeing a Riot may command the Riotters to be arrested and cause them to finde sureties for their good behaviour Dalt 187. So upon affray assault threatning or any other breach of the Peace be may command the officer being present to arrest such offenders to finde suretie for the Peace Dalt 287. But for causes out of his presence one may not arrest another upon the Iustices command but by precept in writing Dalt 287. A warrant in writing must be under the Iustices hand and real or under his hand at least Dalt 287. Lam. A warrant for the Peace or good behaviour must contain the speciall matter Dalt 287. A warrant for treason murder or felony or other capitall offence and such like need not contain the speciall cause Dalt 288. Cro. 148. A warrant is better if it contain and beare the date at the place where it is made the yeare and day when it was made Dalt 188. Cro. 74. â— Iust of Peace being out of the county grantetâ— his warrant to be served in the county the officer must carry the party before some Iustice of Peace within the county Dalt 288. Lam. Iustice of Peace may make his warrant to come before himself yet upon a warrant for the Peace the usuall manner is otherwise Dal. 288. 136 137. In some cases a Justice of Peace may grant his warrant to attach the offender to be at the next Sessions of the Peace to answer his said offence Dal. 288. Justices of Peace in divers cases as the case shall require may grant their warrant for the parties neglect or other default and such warrant may be either to attach him to be at the next Sessions there to answer c. or to bring the offender before the said Iustices or any other Iustice c. who finding cause to binde him may binde him to the next Sessions to answer the said defauit Dalt 189. Vide Dal. 126. Where the statute giveth authoritie to the Iust of Peace to cause another to do a thing they have power of congruitie to grant their warrant to bring such persons before them that so they may take order therein Quaere Dalt 284 289. A Justice of Peace maketh a warrant beyond his authoritie it is not disputable by Constable or other inferiour officer but must be obeyed Lam. 65. Dalt 6 209 292. But if the Iustice make a warrant to do a thing out of his jurisdiction or in a cause wherein he is not Iudge if the officer execute the warrant he is punishable Dal. 294. Cro. 147. b. Dalt 6. Lam. 91 92. Warrant for the Peace may be directed to any indifferent person by name though he be not officer yet it is better to a known officer Lam. Dal. 290. Cro. 147. A sworn and known officer need not to shew his warrant but the servant of the Iustice must shew it if it be required Dalt 291. Lam. 89. Cro. 148. a. A warrant directed to the Constable and to a stranger joyntly and severally and executed solely by the stranger is good Dal. 291. Cro. 147. b. Warrant directed to two joyntly to arrest another may be executed by one of them Dalt 291. Lam. 89. A warrant being directed by a Iustice of Peace to the Sheriffe he may by word command any sworn or known officer under him without precept in writing Dalt 291. Lam. 89. If a Iustice of Peace his warrant be directed to the Sheriffe Bailiffe Constable Iustices servant or other to arrest one such person must serve it himself Dalt 291. Lam. 89. He to whom any warrant shall be directed must do it with all secrecie and speed Dalt 295. A known officer must if he will not shew his warrant upon arrest declare the contents of his warrant Dal. 291. Upon arrest in the Kings name the partie arrested ought to obey Dalt 291. for if he have not lawfull warrant the partie grieved may have his action of false imprisonment Dalt ibid. Another officer arresting a man doth afterwards procure a warrant this is a wrongfull arrest Dal. 291. Lam. 90 91. The officer having a warrant for the Peace or good abeating may break open the doores Dalt 29â— Cro. 170. b. One is arrested who upon promise to come again is let go and cometh not again the officer cannot arrest him by force of his former warrant except he prosecutes him with fresh suit Dalt 292. An Officer having a lawfull warrant to arrest another is resisted or assaulted by the partie or my other person the Officer may justifie the beating or hurting such person Dalt 292. Lam. 92. If any abuse the warrant as by casting it in the dirt or treading it under his feet he shall be endited and fined for it is the Kings processe Dal. 292. Cro. 149. a. Quaere whether he shall not be bound to his good behaviour Dal. 292. Before that a Iustice of Peace grant his warrant to arrest one for murder or felonie it is meet to examine the partie that requireth the warrant upon oath and to binde him to give evidence at the next Goal-deliverie Dal. 292 293. Warreners vide Forresters Watches Any Iustice of Peace may cause night watches to be kept for the arresting of nightwalkers and persons suspect be they strangers or others of evil fame Dalt 113. Watch is to be kept yearly from Ascension day till Michaelmasse in every town from sunne setting untill sunne rising Dalt 113 223. All strangers or persons suspected passing by the watching men may be examined by them and if there be cause of suspicion they may stay them if they will not obey may levie hue and cry and may justifie to beat them and may stock them till morning and if they finde no cause of suspicion deliver them but if they finde cause may deliver them to the Constable to carrie them before a Iustice of Peace Dal. 113 257. Any Iustice of Peace may cause all night-walkers strangers or others suspected especially such as sleep in day and walk in night to be arrested and such as in the night haunt any house suspected of bawderie or use suspicious companie or commit other outrages or misdemeanours and cause them to finde sureties for their good behaviour Dal. 66. Lam. 118 119. No man is compelled to watch unlesse he be an inhabitant in the town Dalt 141. edit 1626. Watermen Every Iustice of Peace within the shire next adjoyning to the river of Thames within his jurisdiction hath power upon complaint by the overseers or rulers of the watermen and wherry-men or two of them or by the