before time made of Purveyors and buyers shall be holden and kept and put in due execution and in case that any Purveyor buyer or taker will take and make purveyance or buy any thing to the value of 40. s. or under of any person and make not ready payment in hand 40. s. ready payment that then it shall be lawfull to every of the Kings liege people to retaine their goods and chattels and to resist such Purveyors and buyers Resist and in no manner wise suffer them to make any such Purveyances buyings or takings and for the peace better to be kept that every Constable Constable Tithingman Tithingman or chiefe pledge of every Towne or hamlet where such purveyances or takings shall be made shall be aiding or assisting to the owner or seller of such things to be against the forme of this ordinance to make resistance in the forme aforesaid in case that such Constables Tithingman or chiefe pledge bee required that to doe upon paine to yeeld to the partie so grieved the value of the things so taken with his double damages and that none of the Kings liege pleople be put to losse or damage by the King or any officer for such resistance and that none of the Kings officers shall doe to be arrested vexed or impleaded in the Court of the Marshalsey or elsewhere any of the Kings liege people for such with-holding or not suffering to be done upon paine to lose twenty pounds Forf Moitie the one moity of that to the King and the other moitie to him which will in such case sue and that the Iustices of peace Iustice of peace in every County shall have power by authority of this ordinance to enquire heare and determine Oyer and Ter. aswell at the suite of the King as of him that will sue of any thing done against this ordinance and thereof to make due punishment and execution and to award damages Damages to the party plaintiffe when any defendant is thereof duely convict and that in every Action to be taken upon this ordinance every party defendant shall be put to answere to that without aide of the King and in such Actions to be taken No aide Proces proces shall be made as in a writ of Trespasse done against the peace and that in every Commission Commission of Purveyors takers or buyers to be made this ordinance shall be contained and expressed and moreover that this ordinance among other statutes of Purveyors buyers or takers before this time made shall be sent to the Sheriffes Sheriffe of every County to proclaime and deliver the said statutes and ordinances in the manner and forme contained in the statute of purveyors and buyers made in the first yeare of the Raigne of the said King H. 6. And moreover the King will and commandeth that the statute made the six and thirtieth of King Edward late King of England after the coÌ„quest touching Purveyors of other persons then of the King shall be put in due execution Anno 20. H. 6. cap. 8. 13. In anno 23. H. 6. ca. 2. 23. H. 6. ca. 2. it is ordained that the said statutes of an 36. E. 3. from thenceforth should be duely kept and put in due execution and moreover that every purveyor and buyer before that he shall have any Commission shall be sworne Sworne in the Chancery Chancerie that he shall take nothing of the people contrary to the said ordinances and moreover forasmuch as the poore people be not of power nor dare make resistance against the purveyors and buyers nor sue them by the law though that they doe contrary to the said statutes It is ordained by the same authority that the praisers and also all the Towne and townes Townes adjoyning if need be shall be bound to doe their devour and power to resist Resist the buyers and purveyors doing contrary to the said statutes and as much as in them is to execute the said statutes upon the said Purveyors if they be required and that he which is grieved of his goods taken contrary to the said statutes and ordinances may chuse to have either an Action of debt Action of debt against the said preisers Towne or Townes and every of them which doe not their devour in resistance of the said Purveyors or buyers in the forme aforesaid when they shall be required or else against the said Purveyors 3. Value 3. Damages or buyers and every of them to recover the treble value of his goods so taken and moreover his treble costs and damages and if any purveyor and other the Kings officer doe trouble or vexe any of the Kings liege people in the marshalsey or elsewhere by any evill suggestion or cause fayned imagined or coloured upon them because of the execution of the said ordinances he shall incurre the paine of Twenty pound Forf to be paid to the party grieved over his damages and costs in that behalfe sustained and that he thereupon shall have a writ of debt Writ of debt and that every issue Issue triable in this action shall be tried in the county County where the taking of the said goods was made and that the defendants in the said causes shall not be admitted to wage their law and shall be put to answere without forcing and no eâ—â—oyne â—ide of the King nor protection shall be to them allowed and that the Sergeant of the Caterie Sâ—â—â—eant of Câ—terie shall satisfie all the damages debts and executions which shall be recovered against every Purveyor and buyer underneath him in all the cases aforesaid in case that the Purveyor or buyer be not sufficient to satisfie and the party complainant shall have a scire facias Scire facias to have execution against the said Sergeants in the case and that these statutes and ordinances shall be sent to the Iustices of the peace in every County to proclaime them every yeare and thereof to informe the people Iust of P. Proclamation Anno 23. Hen. 6. cap. 2. 14. If any buyer or other officer of any Lord Lord. or person 23. H. 6. ca. 14. of what estate degree or condition that he be presume upon him to take or otherwise doe take any victuals Victuals Corne Corne. or hay Hay carriages Carriage or any other thing whatsoever of any of the Kings liege people in any wise against their will without lawfull bargaine betwixt the said buyers or officers and the said liege people thereof to be made to the use of the said Lords for their houses but all onely for the King and the Queene and their houses that then if notice or request be made to the Mayor Maior Sheriffe Sheriffe Bailiffe Bailiffe Constable Constable Officers or other of the Kings ministers of Cities and Borroughes or other Counties or places where such taking shall
such measure 25. Ed. 3. ca. 10. 15 R. 2. ca. â— 43. E. 3. ca. 6. 4. Water measure sould within Shipboard shall containe five pecks stricken to the bushell 5. No person shall buy or sell with a Bushell except it be sealed and marked by the officer and according to the Kings Standerd 6. All sorts of bread ought to be weighed by Troy weight 7. Post septem dies panis non ponderetur 8. The Baker shall not sell to any victualler c. to be retayled but onely thirteene peny worth for twelve pence aswell mans bread as horsebread 9. The punishment of the Bakers for their unlawfull breads is that that the Iustices of peace or sworne officers in Leets may take away their unlawfull bread and give it amongst the poore as officers in corporate Towes are enabled to doe as it seemeth in the end of the booke of Assise imprinted anno 1597. and all Iustices of peace are there willed and required to be ayding and assisting to the said officers therein but by the statute 51. H. 3. 51. H. 3. Bakers and Brewers being convict for not observing the Assise the first second and third time they shall be amerced according to the offence if it be not over grievous but if the offence be grievous or often then shall they suffer punishment of the body without redemption sc a Baker to the pillorie and the Brewer to the Tumbrell now called the Cockingstoole as it seemeth by Master Lambard 62. or to some other correction Measures of Wine Beere and Ale c. Wine Oyle and Honey their measure is all one sc the Rondlet 16. di Barrell 31. 18. H. 6. ca. 17. di Hogshed 63. Pipe 126. Tunne 252. gallons 1. Cheese A weigh of Cheese must containe 32. cloves 9. H. 6. ca. â— and every clove seven pounds of Averdepois weight 2. Beefe and other flesh are 16. ounces Averdepois to the pound Dalton fo 133. and eight of those pounds to make the stone except where the usage of the Countrey requireth more pounds to the stone 3. Also sixscore herrings shall goe to the hundred ten hundred to the thousand and ten thousand to the last 31. Ed. 3. ca. 2. 4. Wooll 14. pounds weight goeth to the stone of wooll and 26. Dalton fo 133. 13. R. 2. ca. â— stone goeth to the sacke whosoever buyeth wools at greater weight shall pay double the value to the party grieved a fyne to the King 5. Of Sugar Spices and waxe 8. pounds maketh the stone and 13. stone and a halfe or a hundred and eight pound maketh the hundred see the statute de composit ponder Rast weights 8. 6. Of hops fivescore and 12. pounds maketh the hundred 7. Of lead the formell containeth six stone wanting two pounds and 30. Rastall weights â— formels make a load of lead and 12. pounds make a stone 8. The content of the Dicker of hyds is 10. skins 20. dickers make a last 9. For the contents of Iron glasse linnen cloath and diverse other things see the statute de composit ponder Rast 8. 10. All other commodities of tale or number are sould by the hundred whereof Cattell and fish are sould sixscore to the hundred and yet the hundred of hard fish must containe eightscore Rast 8. all headed things as nayles pins c. are sould sixscore to the hundred and all other things have but fivescore to the hundred 11. Timber well hewen and squared perfectly fifty foot thereof maketh the load 12. Lath shall containe in length five foot in bredth two Inches and in thicknesse halfe an Inch. 13. Of Tyle the Assise thereof in the length breadth and thicknesse appeareth before in the title of Tyle 14. A Bale of paper is ten Reame a Reame 20. quires of paper a quire is 25. sheetes 15. A Rowle of parchment is 5. dozen or 60. skins Measures of length 1. Three Barly Cornes measured from end to end make one Inch. 2. Fower Inches Inches make the handfull Handfull 3. Twelve Inches make the foot Foot 4. Three foot make the yard Yard 5. Three foot and 9. Inches make the Ell. Ell. 6. Seven foot make the fadome Fadome 7. Five yards and a halfe which is sixteene foot and a halfe make the pole Pole Rood or peach ibid. 8. And yet by the usage of many Countreyes the pole doth vary for in some places it is eighteene foot and in some places 20. foot and most places in Ireland 21. Co 6. 67. 17. E. 3. fo 18. foot goeth to the pole and there if a man should sell a certaine number of Acres of wood c. it shall be measured according to the usage of the Countrey there and not according to this statute for Consuetudo loci est observanda 9. Forty pole in length make a furlong Furlong 10. Eight furlongs or 320. pole make an English mile Mile 11. Forty pole in length and foure in breadth doe make an Acre Acre Stat. Composit â—ulnarum Stat. 34. P. weights 4. Ed 1. Plowland 12. And by Master Cambden fol. 339. and Hollingshed pag. 13. impress 1586. Co. li 9. 10. 184. one hundred acres is an hide of land but yet it seemeth that an hide of land or plowland or carue of land which are all one are not of any certaine content but according to the usage of the Countrey where the land lyeth Weight Measâ—â—â— 13. In anno 8. H. 6. ca. 5. It is enacted as followeth videlicet whereas by the great Charter of the liberties of the Realme of England and by a statute made the xxvij yeare of King Edward the third it was ordeined and by a statute made the xiij yeare of King Richard the second confirmed that one weight and one measure should be through all the Realme of England aswell out of the staple as within And in the same statute of the said noble King Edward it is ordained that the weight called auncell for the great damage subtill deceits done by the same measure to the common people Auncell weight shall be utterly left and set apart and the wools and all other manner of marchandise and all other things lying in weight bought or fold shall bee weighed by the balance so that the tongue of the balance doe not incline more to the one party than to the other with weights sealed and according to the standard of the Exchequer And he that doth contrary to the damage of the Seller shall forfeit to the King the valour of the goods so weighed or measured and that the party complaynant have the quatreble damages And by the said statute of the said noble King Richard it was added that the offendor shall be imprisoned by two yeares and make fyne and ransome at the Kings will And that the Iustices of peace should have power to enquire of the said defaults aswell at the Kings suit
arraigned and condemned for Burglary before Sir Iames Altham Knight for robbing a Backhouse of Robert Castle Esquire in the night Dalton pag. 293. which Backhouse was some eight or nine yards distant from his dwelling house and only a pale reaching betweene them so that though this offence be not committed in the very body of the dwelling house but in some other house neere unto it and being parcell of or belonging to the dwelling house it is Burglary 17. But a Booth or Tent in a Faire or market are not esteemed in Law for dwelling houses Co. 11. 37. nor the breaking thereof in the night time to be Burglary although the robbing of them bee made as penall as Burglarie if the owner his wife children or servants were within the same 18. Lastly 23. Ass 95. Stamf. 126. Co. 11. 31. to make it Burglary the purpose and intent for which the offend our commeth must of necessity be to kill or rob some person or to commit some other felony otherwise it is neither burglary nor felonie 13. H. 7. 4. F. Coro 267. And therefore to breake a house in the night to the intent to kill any person therein it is Burglary although hee never touch him So it is if the purpose were to rob F Cor. 185. 264. although the offendor taketh away nothing 19. Stamf. 30. co 11. 31. But if a man breake and enter an house by night of purpose onely to beat a man that is but trespasse 20. And if the intent were to commit a Rape it is Burglary for Rape by the Common Law was felony Stamf. 21. c. 22 23. although some doubt have beene made thereof for it appeareth by Maister Bracton Glanvill and Stamford that by the ancient Common Law it was felony the words of Maister Bracton lib. 2. are thus Olim quidem corruptores virginitatis castitatis suspendebantur c. modernis tamen temporibus aliter observatur qui pro corruptione virginis amittuntur membra c. And a litle after Adelstanus raptus mulierum nè fiat defendit tam lex humana quam divina Et sic fuit antiquitus observatum quod si quis obviaverit solam cum pace dimittat eam c. Si autem contra voluntatem suam c. jactat eam ad terram forisfacit gratiam suam c. Felony Quod si concubucrit cum ea de vita membris suis incurrat damnum c. And with this Maister Glanvill also agreeth fol. 112. Also amongst the lawes of Saint Edmond sometimes King of England you shall find this law Qui cum Nunna vel sanctimoniali fornicetur emendetur sicut homicida à multo fortiori then saith Maister Stamford shall he be punished if he had ravished her So as Rape at the first saith Stamford West 2. 34. P. Rapo 1. was grievously punished untill the time of King Edward the first who seemed to mitigate the paine thereof by the statute of West 1. ca. 13. which gave two yeares imprisonment and fyne but spying the mischiefes ensuing upon the said law at his next Parliament holden at West called West 2. ca. 34. he made the offence of Rape to be felony againe Br. Coron 204. 21. Note also by Britton f. 17. Cromp. 33. See Plo. 19. 2. it is not Burglary in an Infant under 14. yeares of age nor in poore persons that upon hunger shall enter a house for victuall under the value of 12.d Nor in naturall fooles or other persons that bee Non compos mentis but the case of poore entring for victuall at this day may as I conceive admit this difference that is where a poore body that is ready to starve with hunger breaketh into a house and taketh no more than to satisfie his present hunger for the safegard of his life this is neither Burglary nor Felony for all Lawes as well the Lawes of God as of men in many cases are dispenced withall by unevitable necessity as appeareth in Maister Plowdens Commentaries fo 19. but if he that so entreth taketh away more than might suffice to satisfie his hunger for that time I conceive that he is guilty of Burglary Other Felonies by the Common Law as Burning houses c. CHAP. 17. 21. H. 7. 1. Co. 4. 10. 1. BUrning of a Barne which is adjoyning or neere to a dwelling house in the night feloniously is felony by the Common Law 2. So is it to burne a Barne in the day time having Corne in it though it adjoyne not to the dwelling house 3. H. 7. 10. 1. Co. â—1 â—9 Stamf. 36. 3. Burning of any dwelling house or other house parcell thereof willingly and feloniously done is felony by the Common Law whether it be done by night or by day 4. Burning of any other house or of a stack of Corne feloniously Stamf. 36. seemeth also to be felony by the Common Law for the words of the statute of West 1. ca. 15. which statute seemeth to be but a rehersall of the Common Law Br. Mainp 78. ordaineth that such as bee taken for burning generally feloniously done be not bailed and of that opinion seemeth Maister Britton 13. H 8. ca. 1. in Ireland who wrote presently after the making of the same statute to be Britton fol. 16. See Stat. Winchester 13. Ed. 1. ca. 1. 18. Ed. 1. ca. 17. but all these cases by a statute in Ireland are Treason 5. If an Indictor or Iuror in case of Treason or felony shall discover the Kings Councell and his fellowes it hath been adjudged felony in times past but as the Law is now taken it is a misdemeanor onely Rescoâ—â— 1. H 7. 6. Br. Coron 127 130. Stamf 31. b. Eâ—cape 9 H â— Dalton pag. 24â— Breaking of prâ—son Stamf. 30. 31. See the stat 1. Ed. 2. P. â—rison 5. 6. Rescuing or taking away from an officer any offendour who is attainted imprisoned or but arrested for felony is felony as well in him that made the Rescous as in him that is rescued 7. Also when a man hath arrested another for felony and after letteth him goe at liberty this is a wilfull escape and shall be adjudged felony in him that did so let him escape And in case of Treason such escape is Treason per Stamf. fo 32. 1. H. 6. 6. 8. Breaking of prison before the statute de frangentibus prisonam made 1. Edw. 2. was felony by the Common Law for what cause soever he were in prison yea though he had beene imprisoned but for a Trespasse But now that stat hath changed the common Law therein so that now if a man be arrested or taken for a Trespasse and doe make an escape or be rescued by a stranger this is but fineable at this day Robberie CHAP. 18. 1. THeft is the taking away of another mans goods with an intent to steale them against the will or without the knowledge of him whose goods they are and
Iudgement of death shall be given upon the offendor except he be saved by his booke 4. And yet if the goods stollen be to the value of ten shillings F. Cor. 451. if the Iury that passeth upon his arraignement shall finde that the goods did not exceed the value of xij d then that offence shall be taken but for Pety Larceny 5. Pety Larceny West 1. c. 15. Br. Cor. 84. 85. Pety Larceny is when the goods stollen doe not exceede the value of xij d and for this the offendor shall be imprisoned for some certaine time and after shall be whipped or otherwise punished by the discretion of the Iustices before whom he was arraigned but it is not felony of death 6. Yet may not the Iustice of peace before whom such an offendor shall be brought out of the Sessions punish by his discretion the said offendor for Pety Larceny and so let him goe but must commit him to prison or baile him to the intent he may come to his triall as in case of other felonies and if upon his triall the Iurie shall finde the goods stollen to exceede xij d in value the offendor shall have Iudgement to dye for the fault 7. Although Pety Larceny be not punishable by death 29. H. 8. 22. F. Coro 218. Br Cor. 2. 84. 85. 2â—6 yet it is a felonious taking for the indictment of Pety Larceny must be felonice cepit and he shall forfeite all his goods and Chattells for such a felony and there is no difference either in the nature of the offence or in the minde of the offendor but only in the value of the thing stollen which maketh the difference of punishment 8. If one shall steale goods to the value of 4. F. Coro 415. Stamf 24. Crom. 36. 2. d. at one time and vj.d. at another time and of iij. d at another time which together doe exceede the value of xij d and that these severall goods be all stollen from one and the same person then may they be put together in one Indictment and the offendor being thereupon arraigned and found guilty shall have judgement of death F. Coro 440. Stamf. 24. 1. 9. Againe if two or more together doe steale goods above the value of 12. d. this is felony of death in them all for the felony in them is severall though the stealing be joyntly done 10. In Larcenie two things must concurre scil to take and to carry away The manner or remove the thing taken with a purpose to steale the same for the indictment must be Cepit asportavit or cepit abduxit and yet in these words the letter is not so much to be insisted upon as the meaning and that for the better suppressing of offendours in this kinde For although by the Law in Maister Glanvils time à furto omnimodo excusatur qui initium habuerit suae detentionis per dominum illius rei yet at this day it may be felony though the offendour take not the thing but comes first unto it by delivery from the owners owne hand and so commeth lawfully to the possession As if a Taverner doe set a peece of plate before his guest to drinke in 13 Ed. 4 9. Stamf. 25. and the guest carrieth it away this is felony for the Taverner gave him no possession thereof but onely the use to drinke in it for the time Or if I deliver goods to a Carrier or other person and bargaine with him to carry them to a certaine place appointed if he carrieth them to the place and then convayeth them away fraudulently this is felony for the privity of bailement was determined when they came at the place appointed So if the Carrier shall take out parcell of the goods this is felony and likewise if the Carrier shall carry them to another place and there breaketh them up and converteth part or all to his owne use this is felony but if the Carrier shall sell or give away or otherwise imbezell the whole as he received them this is holden to be no felony because it was delivered him in the same kinde Stamf. 25. a. Cromp. 36. a. 11. And yet in this last case there is besides the delivery a bargaine and agreement to carry the goods and the delivery was only to that intent so that the property of those goods did alwayes remaine in the first owner But if A. lendeth his horse to B. being a stranger who rideth quite away with the horse this is no felony in B. by reason of the delivery And so did Sir Iohn Dodderidge Knight give direction at Cambridge Assises 1617. upon an Indictment of Felony preferred in such a case 12. If a Clothier shall deliver any Wooll or Yarne to his Carder Spinster or Weaver c. to dresse and they shall convay away imbezell or sell any part thereof this seemeth to be no felony by reason of the delivery 13. Ed 4. 9. 13. So if I deliver my goods to another to keepe and he fraudulently consumeth them or otherwise converteth them to his owne profit this is no felony because of the delivery 14. And so it seemeth if I deliver mony or goods to A. to deliver to B. and A. flyeth away with them consumeth them or converteth them to his owne use this is no felony by reason of the delivery 15. If a man delivers money to his servant to keepe Servants or plate to his Butler or vessell to his Cooke or horse to his horse keeper 13. E. 4. 10. 3. H. 7. 12. 21. H. 7. 15. or Sheepe to his Shepherd and such servant doth goe away with them this is felony by the common Law in that servant for these goods were alwayes in the master possession and kept and used by the servant to the masters behoofe But yet there was much difference of opinions herein 33. H. 8. ca. 5. in Ireland for the clearing whereof in some part a statute was in the time of King H. 8. made whereby it was provided that all and singular servants of the age of Eighteene yeares Cromp. 50. other than an Apprentice which must be understood of such as are bound by Indenture and by the name of an Apprentice to whom any money Apprentices and servants under the age of Eighteene shall be in case as they were before the making of this statute goods or Chattells c. by his or their master or mistresse shall be delivered to keepe of the value of xl.s. or above if such servant shall goe away with or shall imbezell or shall convert to his owne use any such money goods or Chattells of the said value to the intent to steale the same or to defraud his Master or Mistresse thereof it shall be felony but this must be prosecuted within one yeare after the offence 16. And now upon the construction of this stat diverse new questions and cases have since beene moved Dyer 5. As if a
breake a house in the day time although hee hath a felonious intent yet if he carrieth away nothing this is no felony for there must be an actuall felony done besides the breaking of the house in the day And by the report of Master Dallison these statutes shall be straightly construed in favour of life and according to the bare letter so that if the Robbery be done by day and there be in the house but one servant onely or there be in the house Booth or Tent but a stranger or sojourner onely the fact shall not be adjudged an offence against these statutes to take away the benefit of Clergy 27. If servants imbezell the goods of their deceased master or goe away with their masters goods See antea in the chapter of Larceny ca. 19. Sect. 15. 23. where this shall be felony 18. H. 6. 10. P. Fel 23. P. Capt. 3. 28. Souldiers entred of record and having taken prest mony or parcell of their wages of their Captaine if they shall not passe the sea or goe with their Captaine or being in the Kings service shall depart without licence Co. 6. 27. it is felony See Co. 6. 27. that this statute of 18. H. 6. 19 is now of litle force but yet the departure of a souldier without licence is felony by the statute 7. H. 7. 1. which statute is yet in force and perpetuall Co. ibid. 1 Ed. 1. 35. â—d â—4 29. To ravish a woman where she doth neither consent before nor after or to ravish any woman with force though she doe consent after it is felony and the offendour shall have no benefit of Clergy 11. Ia. ca. 3. in Ireland Stamf. 22. Cromp. 100. But a woman that is ravished ought presently to levy Huy and Cry or to complaine thereof presently to some credible persons as it seemeth Glanvill 115. See the Stat. de officio Coronatoris 4. E. 1. 30. Britton 45. Stamf. 25. If a woman at the time of the supposed Rape doe conceive with childe by the ravisher this is no Rape for a woman cannot conceive with childe except she doe consent 4. E. 4. 6. Br. Parliament 55. But if a man ravish a woman who consenteth for feare of death or dures yet this is ravishment against her will for that consent ought to bee voluntarie and free 31. All such as are present abetting ayding 11. H. 4. Stamf. 44. or procuring another to commit rape are principall felons 32. It is a good plea in an appeale of rape Stamf. 24. to say that before the ravishment supposed she was his concubine as Maister Bracton saith And yet to ravish an harlot against her will is felony Cromp. 47. for licet meretrix suerit ante certè tunc temporis non fuit cum nequitiae ejus reclamando consentire noluit Bract. lib. 2. 33. Also to take away any Maide 3. H. 7. 2. P. Fel. 16. widdow or wife having lands or goods or being heire apparant to her Ancestor against her will unlawfully is felony and to receive any so taken knowing thereof or to procure and abet the same is felony And shall be all reputed as principals 34. The taking away of a mayde under 16 yeares of age without the consent of her parents or governours 10. Caroli ca. 17. in Ireland or contracting marriage with her or deflowring her is no felony but yet shall be punished with long imprisonment without bayle or with grievous fyne 35. 13. Ass 6. Br. Cor. 77. Stamf. 94. Cromp. 35. Also to take away a mans wife with the goods of her husband whether it be against her will or against her husbands will seemeth to be felony by the stat of West 2. cap. 34. the words thereof are de mulieribus abductis cum bonis virorum suorum habeat rex sectam de bonis sic asportatis 36. But if the wife take her husbands goods F. Cor. 455. Stamf. 27. and so goeth away voluntarily with another man and with those goods or delivereth those goods to another man these two last cases seeme not to bee felony 37. By a statute made in Ireland in the third yeare of the Raigne of King Edward the second cap. 1. 2. 3. Ed. 3. ca. 1. 2. Taking of meat or drinke against the will of the owner is felony 38. Also by a statute made in Ireland in the fifteenth yeare of the raigne of King Edward the fourth Rot. Parliament cap. 8. the taking of a distresse contrary to the common law that is to say where no distresse lyeth in the case as to distrayne for debt breach of Covenant or such like is felony but to distrayne where a distresse lyeth in the case as for rent service or such like although the taking of the distresse be unlawfull because no rent is arreare yet that is no felony for that distresse is not contrary to the common law 39. Also by a statute made in Ireland in the Eleventh yeare of the raigne of Queene Elizabeth cap. 10. It is felonie in a Searcher to conceale the transporting of wooll and other prohibited merchandises 13. El. ca. 4. in Ireland 40. By another statute made in Ireland in the thirteenth yeare of Queene Elizabeth ca. 4. it is ordained that the shipping loading imbarquing and putting into any ship barque Pickard Boat or any other vessell whatsoever of any prohibited merchandises as Wooll woolfels c. in any port haven harbrow or Creeke within this Realme before entrie made of the same and the customes well and truely paid according the tenor and effect of another statute made in 11. 11. El. ca. 10. in Ireland Eliz. ca. 10. shall be adjudged and deemed felonie in all and every such person and persons their ayders consorts and assistants that will so ship loade imbarque and put the said goods into any Ship Barque Pickard Boate or other vessell before entrie made and the said customes paid as aforesaid and that the same persons their ayders consentours and assistants so to doe shall have the same order of processe inquiry triall judgement forfeiture and execution as in cases of felony is used by the common Law in this Realme and that the Iustices of peace at their Sessions and all and every officer and officers within Cities and incorporated Townes having authoritie to be Iustices of peace or of gaole deliverie within the said Citties and incorporated Townes shall and may lawfully inquire heare and determine all and singular the premisses made felony by the said Act. 41. By a statute made in Ireland in Anno 10. H. 7. ca. 11. It is enacted that if any person take any money or other amends for the death or murder of his kinsman or friend other then the lawes of the kingdome will permit the same 10. H. 7. ca. 11. shall be felony 42. By a statute made in 33. H. 8. ca. 5. It is felony for a servant of the age of 18. 33.
me admonish all such as are to informe or beare witnesse against a prisoner or any offendour before a Iustice of peace or other Magistrate that they bee well advised what they testifie upon their oathes knowing that in such cases if either they should not speake the truth or should conceale any part of the truth they should offend against God the Magistrate the innocent the common wealth and their owne soules sc against God in despising of him and belying the truth Against the Magistrate in deceiving of him and causing him to doe Injustice Against the Innocent in spoiling him of his Name goods or life Against the Common wealth if the party be nocent or guilty and he cleares him by false witnesse And against his owne soule for it is perjury in him at least in the presence of God and good men Whether Information Evidence or proofe of witnesses shall bee taken against the King CHAP. 28. 1. IT seemeth just and right that the Iustice of Peace who taketh information against a felon or person suspected of felony should take and certifie as well such information proofe and evidence as goeth to the acquittall or clearing of the prisoner as such as makes for the King and against the prisoner for such information evidence or proofe taken and the certifying thereof by the Iustice of peace is only to informe the King and his Iu. of gaole delivery of the truth of the matter and such was the opinion of Sir Edward Coke at Lent Assises at Bury Dalton pag. 274. 5. Iac. as Master Dalton reporteth but the Iustices of peace or Coroner may not take such information evidence or proofe as maketh against the King upon oath for that is not warranted by the statute of 10. Caroli ca. 18. 2. Upon triall of felons before the Iustice of gaole delivery the said Iu. will often heare witnesses and evidence which goeth to the clearing and acquittall of the prisoner yet they will not take it upon oath but do leave such testimony and evidence to the Iury to give credit or to thinke thereof as they shall see and finde cause 3. Popham chiefe Iustice at Cambridge Assises tempore Eli. committed one to prison who upon the triall of a felon called out that he could give Evidence for the Queene and when he was sworne he gave Evidence to acquit the offendor 4. In 7. H. 4. we shall finde that one of the Serjeants Stamf. 141. b. as amicus Curiae Co. 4. 19. and to informe the Court that they should not erre did shew his opinion to the benefit of a prisoner upon the insufficiency of the Indictment 5. Now upon the examination of felons Causes of suspition and other like offendors these circumstances following are to be considered 1. His name scil if he be not called by divers names 2. Quality 1. His parents if they were wicked and given to the same kind of fault 2. His ability of body sc if strong and swift or weake or sickly not likely to doe the Act. 3. His nature of civill or hastie witty and subtill a quarreller pilferer or bloody minded c. 4. His meanes if he hath whereon to live or not 5. His trade for if a man liveth idlely or vagrant nullam exercens artem nec laborem it is a good cause to arrest him upon suspition if there have beene any felony committed 7. Ed. 4. 20. 6. His Company if Ruffians suspected persons or his being in company with any the offendors 7. His course of life sc if a common Alchouse-hanter or riotous in dyet play or apparell 8. Whether he be of evill fame or report 9. Whether he hath committed the like offence before or if he hath had a pardon or beene acquitted for felony before Nam qui semel est malus semper presumitur esse malus in eodem genere mali 3. Markes or Signes 1. If he hath any blood about him 2. If any of the goods stollen be in his possession 3. The change of his countenance his blushing looking downe-wards silence trembling 4. His answers doubtfull or repugnant 5. If he offred agreement or composition 6. The measure of his foot or horse foot 7. The bleeding of the dead body in his presence 8. If being charged with the felony or called theefe he saith nothing F. Cor. 24. 9. If he fled Fatetur facinus qui judicium fugit 4. The fact 1. Place sc if convenient for such Act as in a house in a wood Dale c. 2. Time the yeare day and houre early or late 3. Where the offendour was at the time of the fact and where the day or night before his businesse and company there and witnesse to prove all these 4. Manner if willingly by chance or necessitie 5. The cause 1. If former malice 2. If to his benefit or what hope of gaine 3. If for the eschewing of any hurt or danger 6. The persons Agens if principall or Accessary Enfant Lunatique c. Patiens if against the King common wealth Magistrate maister c. F. Cor. 211. 6. A felon brought before a Iustice of Peace accuseth others it is sufficient cause for the Iustice to grant out his warrant for the rest 7. A man going to execution accuseth another of felony it is sufficient cause to arrest him 8. Communis vox fama that he did the offence is sufficient cause of suspition Fama Br. Faux Impris 16. sc where such a felony is done otherwise not 9. But yet for the better conceiving what may breed or give just cause of suspition marke some of Master Bractons rules Stamf. 97. 1. For saith he Oritur suspitio ex fama fama vero quae suspitionem inducit oriri debet apud bonos graves non quidem malevolos maledicos sed providas fide dignas personas idque non semel sed saepius vanae autem voces populi non sunt audiendae And therefore where the common proverbe is Vox populi est vox Dei it should be Vox populi Dei est vox Dei 2. Si furtum in manu alicujus inveniatur vel sub potestate alicujus tunc ille in cujus domo vel potestate res furtiva inventa fuerit tenebitur Stamf. 29. nisi warrantum invenerit qui cum inde defendere possit for as another saith Cum adsunt testimonia rerum quid opus est verbis Stamf. 179. 3. Si quis noctu cubaverit in domo solus cum aliquo qui interfectus sit vel si duo aut plures ibi fuere hutesium non levaverit nec plagam a latronibus vel interfectoribus in defensione facienda accipere nec ostendunt quis de se vel de aliis hominem interfecerit his casibus mortem dedicere non possunt 4. Si quis in domum suam notum vel ignotum acceperit qui unius ingredit visus est Ibid. vero postea nunquam nisi mortuus dominus domus
levied upon the husband for the husband shall never be charged for the Act or default of his wife but when he is made a party to the action and judgement given against him and his wife Co. 9. 72. Co. 11. 61. 2. H. 7. 16. 5. Diverse doe enter with force to the use of A. who is not then present with them but doth after agree thereto this agreement after maketh A. to be a disseisor Br. force 25. but not to be punished for the force and if A. had counselled consented or agreed thereto before the Entrie yet it seemeth that a commandement consent or agreement before or after though it may make one a disseisor yet it is not to be punished by the Iustice of peace upon these statutes Consent for that a forceible Entrie cannot be adjudged against a man without an actuall Entrie be also made by him or that at least he be present 6. But if A. that shall command or counsell others thereto shall also be present at the time of the Entrie Dalton 182. although he doth then nothing yet he is now become a principall and punishable by these statutes 7. If diverse doe come in one company to enter into lands c. where their entry is not lawfull Dalton 183. and all of them saving one did enter and demeane themselves in peaceable manner and one only doth enter with force or after entry made doth use force and violence this shall be adjudged a forceible Entrie in them all although the force were against their wils Co. 9. 67. 112. 11. 5. for where diverse doe come in one company to any place to the intent to doe any unlawfull thing be it robbery homicide ryot affray or any trespasse here every one of them shal be adjudged a principall doer although they stand but by and doe nothing So it seemeth though some of them come without any intent of evill if they came together in company with the other offendors or if they came after yet if they be either ayding or countenancing to the offendors they shall be also adjudged principall doers aswell as the other 8. An Indictment upon the statute of 8. H. 6. for the King The personâ— put out Co. 1. 46. 10. 112. is not good for the King cannot be disseised nor put out of his freehold neither can the King bring any action upon the statute of 8. H. 6. nor any other action which might prove him out of possession of the land 9. And if the K. termor be put out by force The Kings Tenant Dalton 183. Cromp. 69. he cannot preferre a bill of indictment upon the statute of 8. H. 6. that he was put out and the King disseised But he must have an Information of Intrusion in the Exchequer 10. Dalton 183. Yet it seemeth that upon complaint made to a Iust of peace by the K. termor of any such force the Iustice of peace ought to remove the force and upon his view thereof to record it and to commit the offendors to prison and may fine them and after such force removed the Kings termor may presently reenter if he can in peaceable manner 11. If a forceible entry Lesseâ— for yeares Coppiholdâ—â— or deteiner shall be made upon any Lessee for yeares Tenant at will or upon a Coppiholder whether it be by an estranger or by the lessor or by the Lord the Iustices of peace upon their view thereof are to remove such force Dalton 183. and may commit to prison the parties which made such entry or which shall hold it with force and may fine them but whether the Iustice of peace may make such restitution and set them sc the Lessee for yeares Tenant at will or Coppiholder into their possessions againe hath beene much questioned But now by a statute made in Ireland in 10. Caroli ca. 13. restitution shall be made to Tenant for yeares Tenant at will Coppiholder Tenant by Elegit or statute merchant or of the staple 12. Some held opinion that before this statute the Iustice of peace may put them in possession againe and of this opinion was Maister Marrow and Maister Lamb. and to maintaine this opinion these reasons may be given 1. First for that the words of the statutes seeme to warrant it for the statute 15. R. 2. in the Preamble thereof as also the stat 8. H. 6. in the body thereof hath this word possessions which word most properly doth extend to a lease for yeares c. 2. Again that clause of the stat 8. H. 6. which provideth for the restitution is thus if it be found that any doth contrary to this statute then the said Iustice c. shall put the party so put out in full possession c. 13. Now it cannot be denied but that he which by force expulseth Lessee for yeares tenant at will or a coppiholder doth contrary to this statute also they bee the parties put out and the same mischiefe and inconvenience which these lawes do labour to remove is to Lessee for yeares tenant at will and to the coppiholder Co. 11. 33. 34. Plo. 178. And we may finde it usuall that where statutes are made for to remedy any common mischiefe there to help things in the same degree one action thing place and person hath in construction beene taken for another and a good expounder saith Sir Ed. Co. 11. 34 maketh every sentence to have his operation to suppresse all the mischiefes before the said Act and principally those that are specified in these acts Co. 3. 7. 12. 73. 14. And againe saith he it is the office of the Iudges alwaies to make such construction of statutes as may represse the mischiefe and advance the remedie and to suppresse all evasions which may continue the mischiefe and to adde force and life to the cure and remedy according to the true intent of the makers of the statute Co. 11. 73. b. Co. 3. 7. 15. Others held the contrary sc that Lessee for yeares nor a coppiholder or tenant at will cannot have restitution by the hands of the Iustice of Peace and this was the common opinion their reason is for that the words in the statute of 8. H. 6. in that clause which specially provideth for the restitution are thus The said Iustices c. shall reseise the said lands or tenements and thereof shall put the party so put out in full possession c. which words lands or tenements are only to be understood of them that have inheritance Rast 174. or a freehold at the least but to this it may be answered that the said statute of 8. H. 6. in the body thereof hath these words where any doe make any Forceible Entry into lands tenements or other possessions or them hold forceibly c. which words possessions extendeth to a lease for yeares c. And then the words possessions being in the same statute we shall
find that a statute is to bee expounded upon all the parts thereof together Co. 3. 59. b. 8. 117. and not upon one part alone by it selfe to which purpose see Lincolne Colledge case and Doctor Donhams case in Sir Edw. Cokes Reports 16. But it seemeth to those which hold this last opinion that if a Lessee for yeares Tenant at will or a Coppiholder be forceibly put out or held out by an estranger if they will have restitution their indictment must be made and preferred in the lessor or Lords name Cromp. 161. and the Iury must find that the Lessor or Lord was disseised c. and then the Lessor or Lord shall have restitution And so by their restitution their Lessee or Coppiholder is restored also But such Lessee or Coppiholder cannot say they preferre an indictment in their owne name upon the statute 8. Hen. 6. for that they have no Freehold Cromp. 249. 2. 17. And to that purpose I find some presidents of indictments in this forme viz. in unum messuag apud c. adtunc existent liberum tenementum M.D. armiger vi armis c. Manuforti illicitè tunc inde expulerunt ejecerunt pref M.D. inde injuste dissesiverunt 18. And by this opinion if a Lessee for yeares tenant at will or a Coppiholder be forceibly put out by their Lessor or Lord such Lessee or Coppiholder hath no remedy at all by indictment upon this statute for they have no Freehold and therefore can have no restitution upon this statute 19. Cromp. 71. Also by this opinion if the Lessee for yeares be put out by his Lessor and after the Lessee putteth out the Lessor againe forceibly the Lessee shall not be indicted neither shall the Lessor have restitution upon this statute for that the Lessor is not ousted nor disseised of his Free-hold for the possession of the Lessee is such a seisin of the Lessor of his Freehold that he may have an Assise if his Lessee be put out And so of a Coppiholder not having forfeited his estate if his Lord notwithstanding shall enter upon him and put him out and the coppiholder shall reenter upon his Lord with force the Coppiholder shall not be indicted nor yet the Lord restored causa qua supra 20. And so by this last opinion the very mischiefe specified and intended to be helped by these statutes should seeme still to remaine in all cases betweene such Lessees and Coppiholders and their Lessors or Lords so as there can be no inquiry nor restitution in cases of Forceible Entry or detainer betweene them 21. But howsoever the law be taken for the indictment or restitution thereupon yet in case that Lessee for yeares tenant at will or a Coppiholder be forceibly put out or held out either by a stranger or by their Lessor or Lord the Iustices of Peace Cromp. 71. or any one of them by the statute 15. R. 2. ca. 2. may safely remove the force upon view thereof and may commit the offendors to prison and then the Lessee for yeares or Coppiholder may presently reenter if peaceably they can so doe and so may have his possession againe without any restitution made him by the Iustices 22. But these statutes are now by a statute made in 10. 10. Caroli c. 1â—â— in Ireland Caroli clearely explained which statute ensues in these words viz Whereas there is one good Act made and established in England in the eight yeare of the raigne of King Henry the sixt against such persons as should make forceible Entries into lands tenements and other possessions or them should forceibly hold and one very good proviso or clause in the said Act contained as ensueth viz. Provided alwayes that they which keepe their possessions with force in any lands and tenements whereof they or their ancestors have continued their possession in the same by three yeares or more be not endamaged by force of the said statute And whereas diverse of the Kings Majesties good and loving Subjects and their Ancestors or those whose estate they have for many yeares together above the space of three yeares or more have beene in quiet possession of their dwelling houses and other their lands and possessions and now of late divers of his Majesties said Subjects having Entries made upon their possessions having had such quiet and long possession for disturbing of such Entries and for keeping of their possession against such enterers by colour of Indictments of forceible Entrie or forceible keeping possession found against them by meanes of the oathes of such enterers have beene removed and put out of their dwelling houses and other their possessions which they have quietly held by the space of three yeares together or longer time next before such indictments found against them against the true meaning and intent of the said proviso or clause contained in the said Act for remedy of which inconvenience and for true declaration and explanation of the Law therein be it ordained declared and enacted by the authority of this present parliament that no restitution upon any indictment of forceible Entrie or holding with force be made unto any person or persons if the person or persons so indicted hath or have had the occupation or hath or have beene in the quiet possession by the space of three whole yeares together next before the day of such indictment so found and his her or their estate or estates therein not ended nor determined which the party indicted shall and may alledge for stay of restitution and restitution to stay untill that be tryed if the other will deny or traverse the same And if the same allegations be tryed against the same person or persons so indicted then the same person or persons so indicted to pay such Costs and damages to the other party as shall be assessed by the Iudges or Iustices before whom the same shall be tryed the same Costs and damages to be recovered and levyed as is usuall for Costs and damages contained in Iudgement upon other Actions And be it further enacted by the authority aforesaid that such Iudges Iustices or Iustice of peace as by reason of any Act or Acts of Parliament now in force are authorized and enabled upon enquiry to give restitution of possession unto the Tenants of any estate of Freehold of their lands or tenements which shall be entred upon with force or from them withholden by force shall by reason of this present Act have the like and the same authority and ability from henceforth upon indictment of such forceible Entries or forceible withholding before them duely found to give like restitution of possession unto Tenants for Terme of yeares Tenants by Coppy of Court Roll Guardians by Knights service Tenants by Elegit Statute Merchants and Staple of lands or tenements by them so holden which shall be entred upon by force or holden from them by force And be it further enacted by the authority aforesaid that all
Iustices 11. The said Stewards Bailiffes and Constables of the said Townes shall be sworne before the same Iustices to inquire diligently by all the good wayes they may of all them that come against this ordinance and to certifie the same Iustices of their names at all times when they shall come into the Countrey to make their Sessions so that the same Iustices in certification of the same Stewards Bailiffes and Constables of the names of the Rebels shall doe them to be attached by their bodies to be before the said Iustices to answer of such contempts Arrest Fine so that they make fine and ransome to the King in case they be attainted And moreover to be commanded to prison there to remaine till they have found surety to serve and doe their worke and in case that any of them come against his oath and be thereof attainted he shall have imprisonment of a quarter of a yeare Attaint so that at every time that he offendeth and is convict he shall have double paine and that the same Iustices Imprison at every time they come into the Countrey shall inquire of the said Stewards Bailiffes Inquitie and Constables if they have made a good and lawfull certificate or any concealement for gift procurement or affinity Inkeepers and punish them by fine and ransome if they be found guilty and that the same Iustices have power to enquire and make due punishment of the said ministers Vitailers labourers workemen and other servants aswell at the suite of the party as by presentment and to heare and determine and put the things in execution by the Exigend after the first Capias if need be and to depute other under them as many and such as they shall see best for keeping of the same ordinance Oier Ter. And that they which will sue against such servants workemen labourers and Artificers Exigent for excesse taking of them and they be thereof attainted at their suit 25. E. 3. ca. 6. they shall have againe such excesse and in case that none will sue to have againe such excesse then it shall be levied of the said servants labourers excesse taking workemen and Artificers Quinzime and delivered to the Collectors of the Quinzime in allevation of the Townes where such excesses were taken Anno 25. Ed. 3. ca. 6. 12. No Sheriffes Constables Bailiffes Gaolers Sheriffes Constables Bailiffes Gaolers the Clerkes of the Iustices or of the Sheriffes nor other Ministers whatsoever they be shall take any thing for the cause of their office of the same servants for fees suit of prison nor in other manner and if they have any thing taken in such manner Fee Quinzime Dismes they shall deliver the same to the Collectors of the Disme and Quinzimes in ayd of the commons for the time that the Disme and Quinzime doth runne aswell for the time past as for the time to come Inquests Iunices and that the said Iustices enquire in their Sessions if the said Ministers have any thing received of the same servants and that they shall finde by such inquest that the said Ministers have received the same Iustices shall levy of every of the said ministers and deliver to the said collectors Fineâ— amerciaments together with the excesse and fines and ransomes made and also the amerciaments of all them which shall be amerced before the said Iustices in allevation of the said Townes as afore is said Collectors and in case the excesse found in one Towne Indentures doth exceed the quantity of the Quinzime of the said Towne the remnant of such excesse shall be levyed and payed by the said Collectors to the next poore Townes in ayd of their Quinzime by advice of the said Iustices and that the fines and ransomes excesses and amerciaments of the said servants labourers and Artificers for the time to come running of the said Quinzime be delivered to the said Collectors in the forme aforesaid by Indentures to be made betwixt them and the Iustices so that the Collectors may be charged by their account by the said Indentures in case that the said fines ransomes amerciaments and excesses be not payed in aid of the said Quinzime and ceasing the said Quinzime it shall be levied to the Kings use Account and answered by the Sheriffes of the Counties Anno 25. Ed. 3. cap. 7. Stat. 2. 13. Those that speake in the presence of the said Iustices or other things doe in their absence or presence in incouraging or maintenance of the said servants Encourage labourers or Artificers against this ordinance shall be grievously punished by the discretion of the same Iustices Punish and if any of the said servants Labourers or Artificers doe fly from one County to another because of this ordinance that the Sheriffes of the Counties where such fugitive persons shall be found shall doe them Flie. Sheriffes to be taken at the commandement of the Iustices of the Counties from whence they shall fly and bring them to the chiefe Gaole of the same County there to abide till the next Sessions of the same Iustices and that the Sheriffe returne the same commandement before the same Iustices at their next Sessions and that this Ordinance be holden and kept in all Cities and Burroughes and in other places throughout the land aswell within Franchises as without Anno 25. Ed. 3. cap. 8. Statut. 2. 14. The statute of Labourers of old time made shall stand in all points except the pecuniary paine which from henceforth is accorded that the labourers shall not be punished by fine and ransome and it is assented that the said statute shall be inforced in punishment of labourers in the forme following that is to say that the Lords of Townes may take and imprison them by fifteene dayes if they will not justifie themselves and then to send them to the next goale there to abide till they will justifie themselves by the forme of the statute And that the Sheriffe Gaoler nor other minister shall not let them to no mainprise nor bayle and if he do he shall pay to the King ten pounds and to the partie 100. s. Nor that the Sheriffe Gaoler nor other minister shall take no Fee nor porterage of prison neither at his entring nor at his comming out upon the same paine And that aswell Carpenters and Masons take from henceforth wages by the day and that all Alliances and Covins of Masons and Carpenters and congregations Chapiters ordinances and oathes betwixt them made or to be made shall from henceforth be voide and wholly adnulled so that every Mason and Carpenter of what condition that he be shall be compelled by his master to whom he serveth to doe every work that to him pertaineth to doe either of freestone or roughstone and also every Carpenter in his degree But it shall be lawfully to every Lord or other to make bargaine and covenant
ca. 9. 20. That the Iustices of peace in every County in two of their Sessions to be holden betwixt the Feast of Easter and Saint Michael shall make proclamation by their discretion after the dearth of victuals how much every Mason Carpenter Tyler and other Craftesmen workemen and labourers by the day aswell in harvest as in other times of the yeare after their degree shall take by the day with meate and drinke or without meate and drinke betweene the two Sessions aforesaid notwithstanding the statute thereof heretofore made and that every man obey to such proclamations from time to time as a thing done by statute Anno 13. Ri. 2. cap. 8. vide 33. H. 8. cap. 9. in Ireland that these proclamations must be in the next Sessions after Easter and Michaelmas 21. That no Labourer be retained to worke by the weeke not that no Labourers Carpenters Masons Tilets Plaisterers Daubers Coverers of houses nor none other Labourers shall take any hire for the holy dayes nor for the Evens of Feasts where they doe not labour but till the houre of Noone but only for the halfe day upon the paine that such Labourer Carpenter Mason Tiler Plaisterer Dauber Coverer of houses or any other Labourer that taketh contrary to this statute shall pay to the King for every time that he doth so contrary 20. s. Anno 4. H. 4. ca. 14. 22. The statute of Labourers made at Canterbury and all other good statutes of Labourers made and not repealed be firmely holden and kept and put in due execution and moreover that the Iustices of peace have power to send their writs for such fugitive Laborers to every Sheriffe of the Realme of England and to make such processes as the statute of Anno 34. Ed. 3. cap. 10. requireth to bring them before them to answere to our soveraigne Lord the King and to the parties of the contempts and Trespasses made or done against the ordinances and statutes aforesaid in like manner as the Iustices have power to send to every Sheriffe for the Theeves before them indicted And also that all the statutes and ordinances of Labourers servants and artificers before this time made and not repealed be exemplified under the great Seale and sent to every Sheriffe of the Realme thereof to make Proclamation in full County and after this Proclamation so made that every Sheriffe shall cause the same Ex-emplification to him directed to be delivered to the Iustices of the peace in his County named in the Quorum or to one of them to remaine with such Iustices which be or shall be for the better putting of the aforesaid statutes and ordinances in due execution And also that the Iustices of peace from henceforth have power to examine aswell all manner of Labourers and servants and their masters as Artificers by their oathes of all things by them done contrary to the said ordinances and statutes and upon that to punish them upon their confession after the effect of the statutes and ordinances aforesaid as though they were convict by Inquest and that the Sheriffe in every Shire of the Realme shall doe well and duely in his office in this behalfe upon paine to lose and to forfeit to our Soveraigne Lord the King Twenty pounds Anno 2. H. 5. cap. 4. 23. If any servant of husbandrie purposing to depart from his Master at the end of his Terme at the midest of his Terme or otherwise make a Covenant before with another man to serve him for the next yeare if he be in such case as the law will compell him to serve that the said servant and he which so shall make covenant with him at the middest of the said Terme or before shall give warning to the master of the said servant of the said Covenant so newly made so that the same master may provide another servant against the end of his Terme and if any covenant with any such servant be otherwise made or such warning in manner and forme aforesaid not had that the same Covenant shall be voide and that the same servant be compelled to serve his first master for the next yeare except that a lawfull cause being of a latter time require the contrary and if any person refuse to serve or labour for the wages assessed by the Iustices of peace then every Iustice of peace in their Counties shall have power at every time to call them to examination of the same and such as they shall finde defective to commit to the gaole there to remaine till they have found sufficient surety to serve and labour in forme by the law required And if any servant Artificer workman or labourer doe contrary to the premisses or deny his service occupation of labour by reason of not giving of salarie or wages contrary to these statutes that hee shall lose to the partie that will sue in this behalfe 20. s. and that the said Iustices of peace shall have power to heare and determine all manner of offences done contrary to the forme of this statute aswell at the Kings suit as at the parties And that every of the Kings leige people may have the suit against every person that shall offend in any point against this statute and the processe shall be by Attachment Capias and Exigent and that the Iustices of peace shall assesse no fyne upon any which shall be convict before them of any thing done to the contrary to any statute of Labourers or Artificers or for this cause to put him in the good grace of out Soveraigne Lord the King under three shillings foure pence And also that the Iustices of peace thorow the Realme two times every yeare shall doe openly to be proclaimed in their Sessions all the statutes of Labourers Artificers Hostlers Victualers servants and Vagabonds before this time made and not revoked with this statute Also that by colour of the Tenure of lesse lands then the husbandry of the same shall suffice to the continuall occupation of one man no man shall be excused to serve by they yeare upon the paine to be justified as a Vagabond also that Iustices of peace shall have power to take all servants retained with any person by colour of Husbandrie and not duely occupied about the same which servants ought by the law to be servants of Husbandrie to such as shall require their service and to justifie them in every point as the same Iustices have power to justifie Vagabonds 23. H. 6. ca. 13. 24. And now because the rating and assessing of the wages of Labourers Artificers and Servants by force of an Act of Parliament made in Ireland in Anno 33. H. 8. cap. 9. 33. H. 8. ca. 9. in Ireland is to be done by the Iustices of peace so as by this statute all the former statutes are altered in that particular point of wages only It will not be amisse to recite the statute verbatim which is as followeth 25. Forasmuch as prices of victuals cloth and other necessaries
for Labourers Servants at Husbandry and Artificers yearely change aswell sometime by reason of death and scarcenesse of corne and victuall as otherwise so that hard it is to limit in certaine what wages Servants at Husbandry should take by the yeare and other Artificers and Labourers by the day by reason whereof they now aske and take unreasonable wages within the land of Ireland For reformation whereof be it enacted by authority of this present Parliament that the Iustice of peace in every County within this land of Ireland yearely in their Sessions to be holden within one moneth next after the Feast of Easter and one moneth next after the Feast of Saint Michael the Archangell shall make Proclamations by their discretion having respect to such prices as victuals cloth and other necessaries then shall be at how much every Mason Carpenter Sclauter and every other Artificer and Labourer shall take by the day aswell in harvest season as any other time of the yeare with meate and drinke and how much without meate and drinke betwixt both the said Sessions And also at the Sessions to be holden next after the Feast of Easter how much every servant at Husbandry shall take by the yeare following with meate and drinke and that every of them shall obey such Proclamations from time to time as a thing made and established by Act of Parliament for a law in that behalfe upon paine of forfeiture every one of the said Carpenters Sclauters Artificers Labourers and Servants that shall take any thing contrary to the said Proclamation or Proclamations the thing so taken and imprisonment of their bodyes by the discretion of the said Iustices and that Iustices of peace at any Sessions shall enquire heare and determine the same offences and thalffendell of the said forfeiture to be to the Kings highnesse and the other halfe to him or them that shall give information of the same forfeiture and that all and every Act before this time made concerning the limitation of wages for the said Servants Artificers and Labourers be in that point only voide and of none effect within this land and this Act to endure till the next Parliament within this land to be holden 11. Eliz. ca. 5. in Ireland 26. Which statute by another Act of Parliament made in Ireland in Anno 11. Eliz. cap. 5. is made perpetuall 27. And having now set forth the statutes concerning Labourers Artificers and Servants it will be necessary for the better information of the Iustices of peace to make some exposition of the said statute of 23. Ed. 3. which is the ground of all the rest which I shall briefely doe in these eight particulars following 1. First what the common Law was concerning Labourers Artificers and Servants before the said statute 2. Secondly who are compellable to labour by the said statute of 23. Ed. 3. 3. What is a good retainer within that statute and what not 4. What be good causes for a servant to depart from his service within his Terme and what not 5. How and in what manner the master may discharge the servant apprentice or other Artificer of his service 6. Sixtly who may lawfully take a servant out of the service of his master with whom he is retained without the danger of the said statute 7. Seventhly In what cases a man may receive or retaine a servant that is formerly retained by another 8. And lastly who shall in Law be taken to be a servant within the meaning of the said statute of 23. Ed. 3. The common Law before the statutes 28. For the First by the common Law before the said statutes a Iustice of peace by the first Assignavimus of the Commission pro bono regimine might commit to prison all Idle wanderers which were able to worke and would not which had no meanes or livelyhood of their owne to remaine in prison untill they should finde surety either to betake themselves to some honest labour or else to be bound to their good behaviour and this is agreeable to the Law of God as appeares in the second Epistle of Saint Paul to the Thessalonians the third Chapter where Saint Paul giveth a commandement and a precept that if any would not worke he should not eate that is he should not eate the fruite of other mens labours but should worke and eate his owne bread and it is plaine and manifest in the kingdome of Ireland that Idlenesse hath beene the chiefe occasion of many rebellions and yet is a great occasion of the poverty of that kingdome and for the better suppressing of all such Idle living diverse good Lawes and statutes have beene enacted and made in that kingdome as namely in Anno. 25. H. 6. ca. 7. It was enacted that the Sonnes of Husbandmen and Labourers should be Labourers and travellers upon the ground as they were in old time and in all other workes and labours lawfull and honest according to their state and if it fortune that any such sonne of an Husbandman or of a Labourer doe the contrary and thereof be lawfully convicted before any Iudge of the King or Iudge of Franchise that he shall have the imprisonment of one yeare and over that he shall make fyne to the King or to the Lord of the Franchise according to the discretion of the Iudge before whom he is convicted 29. 11. Caroli c. 16. And by another staâ—ute lately made in Ireland in the eleventh yeare of the Kings Majestie that now is It is enacted that if any person or persons that hath no meanes of ability of his owne or sufficient meanes of support from his parents and kindred that shall walke up and downe the Countrey with their Fosterers or kindred and retinue with one or more Greyhound or Greyhounds or otherwise or that shall casher lodge or sesse themselves their followers their horses or their Greyhounds upon the Inhabitants of the Countrey or shall directly or indirectly exact meat drinke or money from them or shall crave any helpes in such sort as the poore people dare not deny the same for feare of some scandalous Rime or song to be made upon them or some worse inconvenience to be done them that it shall bee lawfull for every Iustice of peace of each County within the Realme of Ireland and for the Iustices of Assise in their severall Circuits to apprehend or cause to be apprehended all such person or persons and him or them to bind to their loyaltie and allegeance or allegeances or to the good behaviour as in the discretion of such Iustices shall seeme meete and to commit the said persons to the common gaole of the said County untill he or they shall finde bonds by recognisance as aforesaid with very good sureties which the Iustice of peace shall returne all and every such Bonds or Recognisances so by him to be taken at the next generall Sessions of the peace for the said County where the same shall be taken and all
possessions by the Sheriffes or other the Kings ministers to be before the King and his councell or in his Chancerie or before the Kings Iustices in his places of the one bench or other or before other the Kings Iustices which to the same shall be deputed to answer Answere in their proper persons to the King of the contempt done in this behalfe and if they come not at the said day in their proper persons to stand to the Law then they their procurators atturnies Atturnies executors Executors notaries and maintainers shall from that day forth be put out of the Kings protection Protection and their lands goods and cattels forfeit Forfeite to the King and their bodies wheresoever they may be found shall bee taken and imprisoned Impris and ransomed at the Kings will and upon the same a writ shall be made to take them by their bodies and to seise their lands goods and possessions into the Kings hands and if it be returned that they be not found they shall be put in exigent Exigent and outlawed provided alwayes that at what time they come before that they be outlawed and will yeeld them to the Kings prison to bee justified by the Law and to receive that the Court shall award in this behalfe that they shall be thereto received the forfeiture of the lands goods and cattels abiding in their force if they doe not yeeld them within the said two months as afore is said 5. After this in Anno 38. E. 3. ca. 1. another statute was made to this effect following videliâ—et It is provided and ordained that all they which have obtained purchased pursued personall citations Citations or other proces in times past or hereafter shall obtaine purchase or pursue such like against the King or any of his Subjects in the Court of Rome and also all they that have obtained or shall obtaine in the said Court Deaneries Archdeaconries Provostries and other Dignities Dignities offices chappels or benefices of holy Church pertaining to the collation gift presentation or disposition of the King or of other lay Patron of his said Realme and also all like persons obtainers of Churches Chappels offices or benefices of holy church pensions or rents amortised and appropriated to Churches Cathedrall or collegiate Abbies Priories Chanteries Hospitals or other poore houses before that such appropriations and amortisments be avoided and adnulled by due processe and also all they which have obtained in the same Court Dignities Offices Hospitals or any benefices of Churches which be occupied at this present season by reasonable title by any persons of the said realme if such impetrations bee not fully executed or shall obtaine hereafter like benefice whereby prejudice damage or let hath beene or may be done hereafter to him or to his said Subjects or persons heritages possessions rights or any goods or to the lawes usages customes franchises and liberties of this realme and of his Crowne and also all their maintainers Mainteiners councellors abbetters and other ayders and fautours wittingly aswell at the suite of the King as of the partie or other whatsoever he be of the realme finding pledges and sureties Suretie for to pursue against them in this case all the said persons defamed and violently suspected of such impetrations pursuits or grievances by suspition shall be arrested and taken by the Sheriffes Arrest Sheriffe of the places and the Iustices in their Sessions Deputies Bailiffes and other of the Kings ministers and by good and sufficient mainprise Mainprise put in baile or other suretie the shortest that may be and shall be presented to the King and his Councell there to remaine and stand to right to receive what the law shall give them and if they be attainted or convict of any of the said things they shall have the paine comprised in the statute made in the 25. yeare of the raigne of the said King E. 3. de prisonibus and if any person defamed Defamed or suspect of the said Impetrations prosecutions or grievances or interprises be they out of the realme or within cannot be attached nor arrested in their proper persons and doe not present them before the King and his Councell within two moneths Two moneths next after that they be thereupon warned in their places if they have any in any of the Kings Courts or in the Counties or before the Kings Iustices Iustices in their Sessions or otherwise sufficient to answere Answer to the King and to the partie to stand and be at the Law in this case before the King and his Councell shall be punished by the forme and manner comprised in the said statute made in the seven and twentieth yeare of the said Kings raigne which is a praemunire and otherwise as to the King and his Councell shall seeme to be done without any grace pardon Pardon or remission to be made by the King without the will and assent of the partie that shall prove him to be grieved and without making to him due satisfaction in this case 31. E. 3. ca. 4. 6. And after in the same yeare ca. 4. It is ordeined that if any person of what estate or condition that he be by any manner attempt or doe any thing against the said ordinances or any thing comprised in them the same person shall be brought to answere in the manner as afore is said and if he be thereof attainted or convict he shall be put out of the Kings protection and punished after the forme of the said statute made the said 27. yeare of Ed. 3. 7. Afterwards in anno 2. R. 2. ca. 3. another statute was made to this effect videlicet that none of the Kings liege people nor other person of what estate or condition soever he be shall take nor receive within this Realme procuracy letter of atturney nor farme Farmer nor other administration by Indenture nor in any other manner of any person in the world of any benefice Benefice within the said realme but onely of the Kings liege people of the same realme without the speciall grace and expresse licence Lycence of the King by the advice of his Councell and if any before this time have accepted of any Aliens Aliens such procuracies termes or administration that they shall utterly leave them within forty dayes after publication of this ordinance and that none of the said liege people nor other that may be found in the said realme shall send by vertue of such procuracy ferme or administration gold silver Gold Silver nor other Treasure nor commoditie out of the said Realme by letter of exchange by merchandise nor in other manner to the profit of the said Aliens without like license License of the King by the advice of his said Councell and if any doe the contrary in any point conteined in this ordinance he shall incurre the paine and punishment
of person or persons that hereafter offend the said statutes or any of them and every of the said persons so found defective or trespassing in any of the said statutes from henceforth be duely corrected and punished in example of all other in time to come according to the tenor and purport of the statutes made against provisors 15. Anno 28. H. 8. ca. 5. 28. H. 6. ca. 5. in Ireland amongst other things it is ordeined and enacted by authority of Parliament that no person or persons subjects or resiants of this land shall pursue commence use or execute any manner of provocations appeales or other processes to or from the Bishop of Rome or from the See of Rome or to or from any other that claime authority by reason of the same for any manner of case griefe or cause of what nature soever it be upon the pain that the offendors their ayders counsellors and abettors contrary to this Act shall incurre and runne into such paines forfeitures and penalties as be specifyed and contained in the Act of provision and praemunire made in the Realme of England in the sixteenth yeare of the Raigne of King Richard the second sometime King of England and Lord of Ireland against such as procure to the Court of Rome or elsewhere to the derogation or contrary to the prerogative or jurisdiction of the said Crowne of England and that no manner of person subject or resiant within this land shall attempt procure or obtaine any manner of proces of what kinde or nature soever it be to or from the same Bishop of Rome or Court of Rome or See Apostolique or from any other having authority by the same to the let or interruption of this Act or any thing therein contained nor in any wise obey or execute within this land such manner of processe upon like paines and forfeitures as beene above rehearsed 16. Anno 2. Eliz ca. 1. 2. El. ca. 1. in Ireland It is amongst other things ordeined and enacted that if any person or persons dwelling or inhabiting within this Realme of what estate dignitie or degree soever he or they be shall by writing printing teaching preaching expresse words deeds or Act advisedly malitiously and directly affirme hold stand with set forth maintaine and defend the authority preheminence power or jurisdiction spirituall or ecclesiasticall of any forraigne prince prelate person state or potentate whatsoever heretofore claimed used or usurped within this Realme or shall advisedly malitiously directly put in ure or execute any thing for the extolling advancement setting forth maintenance or defence of any such pretended or usurped Iurisdiction power preheminence or authority or any part thereof that then every such person and persons so doing and offending their abettors aiders procurors and Counsellors being thereof lawfully convicted and attainted according to the due order and course of the common Lawes of this Realme for his or their first offence shall forfeite and loose all his and their goods and chattels aswell reall as personall and if any such person so convicted or attainted shall not have or be worth of his owne proper goods and chattels to the value of twenty pounds at the time of such his conviction or attainder that then every such person so convicted and attainted over and besides the forfeiture of all his said goods and chattels shall have and suffer imprisonment by the space of one whole yeare without baile or mainprise and that also all and every the benefices prebends and other Ecclesiasticall promotions and dignities whatsoever of every spirituall person so offending and being attainted shall immediately after such attainder be utterly voide to all intents and purposes as though the incumbent thereof were dead and that the patron and donor of every such benefice prebend spirituall promotion and dignity shall and may lawfully present to the same or give the same in such manner and forme as if the said incumbent were dead and if any such offendor or offendors after such conviction or attainder doe eftsoons commit or doe the said offences or any of them in manner and forme aforesaid and be thereof duely convicted and attainted as is aforesaid and then every such offendor or offendors shall for the same second offence incurre into the dangers penalties and forfeitures ordeined and provided by the statute of provision and praemunire made within the Realme of England in the sixteenth yeare of the Raigne of King Richard the second provided alwayes that no manner of person or persons shall be molested or impeached for any of the offences aforesaid committed or perpetrated only by preaching teaching or words unlesse he or they be thereof lawfully indicted within the space of one halfe yeare next after his or their offences so committed and in case any person or persons shall fortune to be imprisoned for any of the said offences committed by preaching teaching or words onely and be not thereof indicted within the space of one halfe yeare next after his or their such offence so committed and done that then the said person so imprisoned shall be set at liberty and be no longer detained prisoner for any such cause or offence provided alwayes and be it enacted by the authority aforesaid that this Act or any thing therein contained shall not in any wise extend to repeale any clause matter or sentence contained or specifyed in an Act of repeale made in the third and fourth yeares of the Raignes of King Philip and Queene Mary as doth in any wise touch or concerne any matter in case of praemunire or doth make or ordeine any matter or cause to be within the case of praemunire but that the same for so much onely as toucheth and concerneth any case or matter of praemunire shall stand and remaine in full force and effect as the fame was before the making of this Act contained to the contrary in any wise notwithstanding And if it shall happen that any peere of this Realme shall fortune to be indicted of and for any offence that is revived or made praemunire or Treason by this Act that then the same peere or peares so being indicted shall be put to answere to every such indictment before such peere of this Realme of English blood as by the Lord Deputy or governours of this Realme shall be by Commission appointed under the great seale and to have his and their triall by this and their peeres and to receive and have such like judgement upon the same triall of his or their peeres or making open confession of the same offence or offences as in other cases of Treason and praemunire hath beene used And it is further enacted that no person or persons shall be indicted or arraigned for any the offences made ordeined revived and adjudged by the said Act unlesse there be two sufficient witnesses or more to testifie and declare the said offences whereof he should be indicted and arraigned and that the said witnesses or so many of them
as shall be living and within this Realme at the time of arraignement of such person so indicted shall be brought forth face to face before the party so arraigned and there shall testifie and declare what they can say against the party so arraigned if he require the same provided that if any person or persons shall hereafter happen to give any reliefe aide or comfort or in any wise be aiding helping or comforting to the person or persons of any that shall happen to be an offendor in any matter of case of praemunire or Treason revived or made by this Act that then such reliefe aide or comfort given shall not be judged or taken to be any offence unlesse there be two sufficient witnesses at the least that can and will openly testifie and declare that the person or persons that so gave such reliefe aide or comfort had notice and knowledge of such offence committed and done by the said offendor at the time of such reliefe aide or comfort so to be given or ministred 17. And now I have set forth the statutes of praemunire I will here also set forth some few booke cases and resolutions for the better explanation of those concurrent statutes 18. In 44. E. 3. a praemunire was brought against diverse 44. E. 3. fo 7. Br. praemunire 4. 8. H. 4. fo 6. Br. praemunire 6. some as principals and some as accessaries the principals made default and the accessaries appeared and demanded judgement if they should be put to answer before the principals were attainted and it was adjudged that they should answer for in a Praemunire all are principals and there be no Accessaries 19. If a man lease his vicarige for yeares or life paying rent 44. E. 3. fo 36. Br. praemunirc 5. and sue in the Ecclesiasticall Court for the recovery of this rent he is in case of a Praemunire for the rent reserved is a lay thing and not Ecclesiasticall 20. 9. E. 4. fo 3. Br. praemunire 9. In a Praemunire in the Kings Bench the opinion was that if a Clarke sue another man in curia Romana for a thing spirituall where he may have remedie within this Realme in the Court of the Ordinary that he is in case of a Praemunire quia trahit in placitum extra regnum 21. 5. E. 4. fo f. Note that the words of the statute are in curia Romana vel alibi which is intended in Curia Episcopi and therefore if a man be excommunicate or prosecuted in the spirituall Court for a thing which appertaines to the common Law hee that prosecuteth such suiâ— is in case of a Praemunire 22. A prohibition lieth often where a Praemunire lyeth not Br. praemunire 16. as of Tâ—thâ—s of great Trees or for Tithes of the seventh part a prohiâ—â—â—ion lieth and not a Praemunire for the nature of the action belongeth to the spirituall Court but not the cause in this forme but where it is of a lay thing or of a thing which never appertained to the spirituall Court of that a Praemunire lieth as of debt against Executors upon a simple contract or pro lesione fidei upon a promise to pay Ten pounds by such a day Doct. Student lib. 2. ca. 24. 2. R. 3. fo 17. Br. praemunire 19. 23. If Executors sue for the goods of their Testator in the spirituall Court they are in case of a Praemunire for in 34. H. 8. Richard Farmer was attainted in a Praemunire and forfeited his Fee simple land for ever for suing for the goods of his Testator in the spirituall Court 24. There be some opinions in 8. ass that a benefice donative by the patron onely is a lay thing 8. Ass pl 29. and the Bishop shall not visit nor deprive and therefore if he medle with it in that kinde he is in the case of a Praemunire and in that case was Barloe Bishop of Bath in the time of King Edward the sixth and was constrained to obtaine a pardon because he had deprived the Deane of Wels which was a Donative by the Kings letters pattents 25. I have beene more large in this Title because many men of great quality and good understanding in Ireland are very confident that the papall Iurisdiction never received any check or opposition in England or Ireland before the time of King Henry the Eight and therefore to make it to appeare to all men that will but open their Eyes to see the truth I have set downe the said ancient statutes and booke cases whereby it plainly appeareth that in the very height of poperie when prince and people Laitie and Clergy were of the popes religion yet in all ages of those very times the papall Iurisdiction was mainely opposed and utterly rejected and great and grievous penalties videlicet losse of lands and goods and perpetuall imprisonment was inflicted upon all such as should uphold or any wise maintaine that papall Iurisdiction within these Kingdomes of England and Ireland Purveyors CHAP. 49. 1. FOr the reformation of abuses oppressions committed by Purveyors diverse good Lawes and statutes have beene made in England which are of force in Ireland and because that the Iustices of peace are enabled to put many of those statutes in execution in part or in the whole I shall here expresse the effect of so many of them as I conceive the Iu. of P. have to doe withall which are these following 28. E. 1. articuli super cart c. 2. Without warrant vide the statute of 28. Ed. 1. articul super cart cap. 2. It is enacted amongst other things that if any make takings without warrant and carry them away against the will of the owner he shall be immediately arrested by the Towne where the taking was made and shall be sent to the next gaole and if he be attainted thereupon it shall be done of him as of a Theife Felony if the quantitie of the goods will warrant it 2. Also it is enacted in anno 5. E. 3. ca. 2. 5. E 3. ca. 2. that the takings and purveyances for the houses of the King the Queene and their children be made by praisements to bee made by the Constables Constable and other discreet men of the Townes where there shall be such takings and purveyances thereto sworne and without menace Oath as in the statutes of 28. E. 1. aforesaid and 4. E. 3. ca. 3. is contained and that betwixt the purveyors and them whose goods shall be taken there be in the presence of the Constables and praisers Talles Talles made and sealed with the purveyors seales by which talles satisfaction shall bee made to them from whom such goods shall be taken and if any taker or purveyor for the said houses doe take in any other maner he shall be incontinently arrested Arrest by the Towne where such taking was made and brought to the next gaole Impris Felony and if he be thereof attainted it shall be done
of him as of a Theefe if the quantitie of the goods the fame require 5. E. 3. cap. 2. 3. 14. E. 3. ca. 19. The purveyances which shall be made for the Kings houses and the Queenes where they doe abide and passe through the countrey shall be made by warrant Warrant and power given to them which shall make the purveyances in which shall be expressely contained that they shall take nor buy nothing unlesse it be by promise made betwixt the buyer and the seller and by the agreement of the sellers and if any will any thing take by colour of his Commission against this ordinance none shall be bound to obey him no more then if he had no commission and of that which shall bee so bought and purveyed payment Payment shall be made to the seller before that the King passe out of the vierge Vierge and of great purveyances to be made as of flesh fish and other victuals for the Kings warres Warres and for to vittaile Castles and townes of Scotland and England Marchants and other places certaine Merchants and other good people shall be deputed by the Treasurer Treasurer to make the said purveyances without Commissions Commission and without the Kings or others power so that the people nor none of them be put to sell any thing against their will and that no Commission be made to the keepers of the Kings horses but be it onely commanded to the Sheriffe Sheriffe that he make purveyance by him and by his of the issues of his bailiwicke and the number of the horses Horses for which he shall make such purveyance shall be contained in the said commandement and that no purveyance bee made over this number saving that the chiefe keeper have an Hackney and that he take good heed Overcharge that the countrey be not charged of more then shall keepe the horses but for every horse a boy without bringing women pages or dogs with them and if more be found abiding in charge of the countrey they shall be brought to the prison Imprision there to remaine till the King hath sent his will and in the same manner be it commanded to the Sheriffes Sheriffe that they make their purveyances for Dogges the Kings dogs of the issues of their Bailiwickes where they dwell and that such purveyances be made by none other but by the Sheriffes and be it conteined in his commandements the number of the dogs for which he shall make purveyance over which number no purveyance shall be made so that they live of their certaine without charging the countrey and if any finde himselfe grieved against this ordinance he shall have his recovery against the Sheriffe of such grievances done to him Anno 14. E. 3. cap. 19. 25. E. 3. ca. 1. 4. Also by another statute made in anno 25. E. 3. ca. 1. it is ordained that forasmuch as outragious damage hath beene done to the people by the Purveyors of victuals for the houses of the King the Queene and their Children it is c. that the takers of Corne Corne. for the said houses shall take the same by measure Measure striked according as is used throughout the land and that such Corne hay Hay litture bestaile and other victuals Victuals and things which shall be taken for the said houses shall be praised by the very value by the Constable Constable and other good people of the Towne where such taking shall bee made without that the praisers by menaces or dures shall be driven to set any other price then their oath Oath will and as it commonly runneth in the next markets and that betwixt the Purveyors and them whose goods shall be taken in the presence of the Constables and praisers Talles Talles bee made incontinently without that the people whose the goods shall be be drawne or travailed elsewhere and the same talles bee sealed with the seales of the takers of the things so taken by which talles satisfaction shall be made to them whose goods shall be so taken and if any Purveyor or taker for the said houses doe in any other manner he shall be immediately arrested by the Towne where the taking shall be made Impris and brought to the next gaole and if he be thereof attainted Felony it shall be done of him as of a Theefe if the quantity of the goods the same require according as in a statute made in the time of the said King in the fifth yeare of his raigne and in another made in the time of the said Kings Grandfather upon such takings is contained at the full and from thenceforth in the Commissions Commissions of such takers and Purveyors the intent and paine limitted in this statute shall be contained and that no Commission be made but only under the Kings great seale Great seale or privy seale Privy seale nor no man be bound to obey any such Commissions in other manner then is aforesaid and that the same statutes take place in all points against every taker and Purveyor of every manner of victuall in every part of the realme of what condition soever he bee Anno 25. Ed. 3. cap. 1. 25. E. 3. ca. 15. 5. And likewise by another statute made in anno 25. E. 3. ca. 15. it is ordeyned that forasmuch as the takers and buyers of the Kings takings doe take sheepe Sheepe betweene Easter and Saint Iohn Baptist with their woolls and praise the same at a small price and after send them to their owne houses Shorne sheepe and cause them to be shorne to their owne profits no such Taker Purveyor nor buyer shall take any sheepe before the time of shearing but only so many as may reasonably suffice till the time of shearing and after that time they shall take as many sheepe shorne and none other as may reasonably suffice them for the time to come and if any Taker Purveyor or buyer of the realme doe against the same and be thereof attainted at the suit of the King Felony or of the party it shall be done of him as of a Theife or a robber and the paine shall be contained in every Commission of such purveyors 25. E. 3. cap. 15. 6. By another statute made in 34. E. 3. ca. 3. 34. E. 3. ca. 3. it is enacted that of purveyances made to the use of the Queene and the Prince of Poultrie Poultrie and of other small things payment Payment shall be made in hand upon the taking and of other great purveyances within the moneth or six weekes Six weekes in the Countries where they shall be taken and that the number of such Purveyors bee abridged in as much as conveniently may be for the aide and quietnesse of the common people Anno 34. Ed. 3. ca. 3. 7. Likewise in Anno 36. E. 3. 36. E. 3. ca. 2.
upon grievous complaint against purveyors the King of his owne will without motion hath ordeined that from thenceforth no man of his realme shall have any taking but only himselfe and the Queene his companion and moreover it is ordained and established that upon such purveyances from thenceforth to be made for the houses of the King and of the Queene ready payment Ready payment shall be made in hand that is to say at the price as such victuals bee sold commonly in the markets thereabout and that the heynous name of purveyor be changed and named buyer and if the buyer cannot well agree with the seller for that that he shall need then the takings which shall be made for the said houses shall be made by the view testimony Victuals View and apprisement of the Lords or their Bailiffes Bailiffes Constables Constables and foure good men of every Towne Foure townesmen and that by Indenture Indenture to be made betwixt the buyers and the said Lords Lords or Bailiffes Constables and foure men conteining the quantity of their taking and of the price and of what persons and that the praisements be made in conveneable and easie maner without dures compulsion manace or other villanie and that the takings and buyings be made in such places where greatest plenty is that in a conveneable time and that no more be taken then shall be needfull in the season for the said two houses and that the number of the buyers be minished in as much as well may and that such be buyers which be sufficient Sufficient to answere to the King and his people and that none of them have Deputy and that the Commissions Commissions be sealed with the great seale Great seale and every halfe yeare returned in the Chancery Chancery and other newly made and that in the said Commissions be comprised all the matter and manner of their takings and buyings and then all the former Commissions of purveyors be wholly repealed and that no man be bound to obey the buyers of other Lords against their agreement and will nor to the buyers of the said houses unlesse they make ready payment Ready payment in hand as before is said and that no man be put in contempt because of disobedience made in this behalfe and that the takings of all manner of Corne Corne. and mault Mault for the said two houses be measured by measure Measure according to the standerd stricken and not by heape and for the carriages of the said Corne and mault and for all manner of takings and buyings to be made for the said two houses ready payment Ready payment to be made in hand in the same manner as for the takings and buyings aforesaid and that there be no more carriage taken then needeth and shall be necessary in this behalfe and if any buyer after the new Commissions made make any takings or buyings or taking of carriage in other manner then is comprised in his said Commission he shall have punishment of life and of member Life and member as in other statute is ordeined of purveyors Anno 36. Ed. 3. cap. 2. Extortion Reward 8. No buyers of victuals nor takers of carriages take nor receive of any one or other any gift or other good turne for sparings to be made nor shall not charge nor grieve any man by occasion of such takings Malice buying and such carriages for hatred envy evill will or procurement and if he doe and be thereof attainted at the suite of the party Damages he shall yeild to the party his treble damage and shall have imprisonment of two yeares Impris and also be ransomed at the Kings will and after foresweare the Court and if the party will not sue he that will sue for the King shall have the third penny of that that shall be recovered for his labour and neverthelesse the buyer and taker shall have the paine as before is said in the same article super cart and that every buyer upon his account shall declare and divide severally all the takings and buyings of every County Accompt Towne village and person Anno 36. Ed. 3. cap. 3. 9. No man of the said two houses videlicet the Kings house and the Queenes house hold more horses in the livery 36. E. 3. ca. 5. Horses where these houses shall be then is ordeined by the statute of the Kings house and if any doe otherwise then of the horses found over the number limitted to him by the statute it shall be done as the said statute will and that no man of the said two houses of what estate or condition that he be have purveyor or foregoer to make any purveyance or takings but that they or their people buy that that them needeth of them that will sell the same of their good agreement and pay readily in hand according as they may agree with the fellers and if they doe otherwise such punishment shall be made upon them as afore is said of buyers and that hunters Hunters faulconers Faulconers sergeants at armes Sergeants of armes and all other which be at wages or pertaining to the said two houses shall have the same penance if they doe against the same Anno 36. E. 3. cap. 5. Lord. â—6 E. 3. ca. 6. 10. Item that no Lord not none other of the said Realme of what estate or condition soever he be except the King and the Queene shall make any taking by him or any of his servants in any manner of his victuals Victuals but shall buy that which they shall need of such as will sell the same of their good will and for the same shall make ready payment Ready payment in hand according as they may agree with the seller and if the people of Lords or of other doe in other manner and thereof be attainted there shall be done of them such punishment of life and member Life and member as is ordeined of buyers Anno 36. Ed. 3. cap. 6. 11. 7. R. 2. ca. 8. The statutes of purveyors made before this time be firmely holden and kept and put in due execution joyning to the same that if the servants of other Lords and Ladies Servants which be not comprised in the said statutes doe from thenceforth take within any part of this Realme victuals or carriages Victuals Carriage to the use of their Lords and Ladies otherwise then they therefore may agree with the owners and sellers of the same by payment thereof to be made readily in hand that the same servants shall incurre the paine comprised in the said statutes of Purveyors and neverthelesse the party indamaged by such servants if he will may have his suite at the common Law Anno. 7. R. 2. cap. 8. 12. In the 20. yeare of H. 6. 20. H. 6. ca. 8. it is ordained that the statutes
Inhabitants of such Towne or Parish to deny traverse or confesse the presentment or information exhibited against any such Towne or Parish to the intent that upon tryall or proofe thereof the fynes above limitted may be assessed and levyed of the Inhabitants of every such Towne or Parish as is above rehearsed and that Schollers of the universities that goe about begging not being authorised under the seale of the universities by the Commissary Chancellor or Vice-chancellor of the same and all and singular shipmen pretending losses of ther ships and goods of the Sea going about the Countrey begging without sufficient authority witnessing the same shall be punished and ordered in manner and forme as is above rehearsed of strong beggers and that all proctors and pardoners going about in any Countrey or Countreyes without sufficient authority and all other idle persons going about in any Countrey or abiding in any City Borough or Towne some of them using diverse and subtile crafty and unlawfull gaines and playes and some of them faining themselves to have knowledge in Physicke Phisnomy Palmestry and other crafty sciences whereby they beare the people in hand that they can tell their destines diseases and fortunes and such other like fantasticall imaginations to the great deceit of the Kings subjects shall upon examination had before two Iustices of peace whereof the one shall be of the Quorum if he by proveable witnesse be found guilty of any such deceits be punished by whipping at two dayes together after the manner before rehearsed and if he eftsoones offend in the said offence or in the like offence then to be scourged two dayes and the third day to be put upon the pillory from 9. of the clocke till 11. before noone of the same day and to have one of his Eares cut of and if he offend the third time to have like punishment with whipping standing on the pillory and to have his other Eare cut of and that Iustices of peace have like authority in every liberty and franchise within their Shires where they be Iustices of peace for the execution of this Act in every part thereof as they shall have without their liberty or franchise and that this Act shall every yeare be read in open Sessions to the intent that the statute shall be the more feared and the better put in execution and furthermore be it enacted that if any person or persons at any time hereafter give any harbour money or lodging to any beggers being strong and able in their bodies to worke which order themselves contrary to the forme of this statute that every such person so doing being sufficiently proved or presented before any Iustice of peace shall make such fine to the King as by the discretion of the said Iustices of peace at their generall Sessions shall be assessed and if any person or persons doe disturbe or let the execution of this Act in any manner wise or make rescous against any Maior sheriffe bailiffe or other person that shall endeavour himselfe for the due execution thereof that then every such person and persons for every such offence doing shall loose 100. s. and over that to have imprisonment at the Kings will the one halfe of which forf if such offence be committed in any Citie or towne corporate to be to the Maior Sheriffe Bailiffe or other head Officers of such Towne or City corporate where any such offence shall be done to the use of the commonaltie of every such Citie of towne corporate and if it be committed out of the Cittie or Towne corporate then the said one halfe to be to the Lord of the Leere or Law day where such offence shall be done and the other halfe of every such forf to be to the King for the which forf of 5. l. recoverie shall be had by action of debt Bill or plaint or information in any of the Kings Courts in which suits the defendants shall not wage their Law nor have any essoigne or protection allowed And it is ordeined and enacted that the seales above rehearsed shall be made at the costs and charges of the Iustices of peace Maiors Sheriffes Bailiffes and other officers above written that is to say that every of them should doe the said seales to be made within the limits of their divisions jurisdictions and authorities And it is also ordeined and enacted that every letter to be made by the authoritie of this Act whereby any impotent begger shall be authorised and assigned to begge shall be made in this forme ensuing viz Dublin ss Memorandum that A. B. of dale for reasonable consideration is licensed to begge within the hundred of P. K. and L. in the said County given under the seale of that limit tali die anno And that every such letter that shall be made and delivered to such begger or Vagabond after he hath beene whipped by authority of this Act shall be made in this wife following Dublin I. S. whipped for a vagrant strong begger at Dale in the said County according to the Law the 28. day of Iuly in the 13. yeare of King Charles c. was assigned to passe forthwith and directly from thence to sale in the County of Meath where he saith he was borne or where he last dwelled by the time of three yeares and he is limitted to be there within 14. dayes next ensuing at his perill or within such number of dayes as to him shall be limitted by the discretion of him that maketh the said letter In witnesse wherof the seale of the limit of the said place of his punishment hereunto is set 7. And it is enacted that every such letter shall be made at the equall costs of such the said Iustices mayors sheriffes bailiffes and other officers within whose Iurisdictions powers and authorities the said begger or Vagabond shall be whipped or limitted to begge in by authoritie of this Act and every such letter shall be subscribed with the hand of one of the Iustices Maiors sheriffes bailiffes or other officers in this forme following Per me A. B. unam Iusticiariorum pacis or majorem civitatis or ballivum villae or constabularium talis hundredi or else in like forme in English 8. And it is further enacted that every such person or persons that have the custodie of any gaoles within any shire City borough or towne corporate shall doe make a seale engraved with the name of the Castle prison or gaole which he keepeth and in case any person or persons that shall be delivered out of any gaole or prison for suspition of felony by proclamation or be acquit of any felony and hath no friends to pay his fees nor was borne within the hundred or place where he shall happen to be so delivered nor can get him no master there to abide and worke with shall have libertie to begge for his Fees by the license of his Keeper by the space of six weekes next after such deliverance and after that to
send this to the Sessions this shall discharge his bonds without his personall apparance at the Sessions 30. 28. H. 8. Dyer â—o 29. A man being arrested by the Sheriffe upon a capias found sureties for his apparance at the day and after there came a Supersedeas to the Sheriffe and it was moved whether it were necessary for the defendant to appeare or not or that this apparance and surety were discharged by the Supersedeas Lib. Int. 453. and the opinion of that Court was that he ought to appeare for the saving of his bond also the presidents of Entries are that the party bound did shew his Supersedeas in Court and prayed allowance thereof and was thereupon discharged Now concerning the recognisance for the peace CHAP. 58. 1. THis recognisance Recognisance which the Iustice taketh for the keeping of the peace is rather of congruence then by any expresse authority given them Fitz. Na. Br. 82. a. 7. H. 7. 34. 2. And this recognisance for the peace if the Iustice of peace doth take it by force of the writ of supplicavit then he ought to execute it and to doe in all things as the writ directeth him but where such writ prescribeth 〈◊〉 the same c. or such like that resteth in his owne discretion 3. But if he taketh the recog ex officio and by force of the Commission and so is a Iudge not as a minister then it resteth in the discretion of the same Iustice of peace wholly to appoint and allow the number of sureties their sufficiency in lands or goods the summe of money wherein they shall be bound and to limit the time how long the party shall be bound and such other circumstances 7. H. 4. 34. 4. In the booke 7. H. 4. fo 34. you shall finde the principall to be bound in 1000. l. and foure sureties every one of them in one thousand marks before Iustices of peace for the keeping of the peace 5. The Iustice of peace may examine upon their oathes the sureties concerning their sufficiency Br. imp 18. and that seemeth to be the usage in the Courts at Westminster and Master Crompton saith that the Iustices of peace in their Sessions may doe it Cromp. 194. 6. The most usuall manner and safest way for the Iustice of peace is to take two sureties at the least and those subsidie men besides the party himselfe and to bind them by recognisance to the King viz. domino Regi and it must alwayes be for the keeping of the peace Lamb. 104. 7. And yet by the opinion of Master Marrow who was in the time of King H. 7. a Iustice of peace might have taken this surety by a gage pawned to him only but this is not the course at this day but the security ought to be by recognisance 8. Also by his opinion a Iustice of peace might have taken this surety by an obligation made to himselfe by the name of a Iustice of peace but this course is not now in use and the safest way is by recognisance which is the usuall way for via trita is via tuta and to ground his proceeding upon conceits 9. Yet if a Iustice of peace had enjoyned a man upon paine of 20. l. to keepe the peace this had beene nothing worth but in this F.N.B. 81. d. and the former two cases and the like this one general ground or reason may be given for all sc that a man cannot be bound to the King but only by matter of record and therefore such suretie taken by gage or obligation or such enjoyning of the peace seemeth nothing worth to binde the party 10. A Iustice of peace may take a recognisance and thereby may binde the party to keepe the peace for one yeare or for a longer time by his discretion yea he may binde the party during his life upon reasonable cause 11. If the recognisance be made to keepe the peace generally without any day or time limited it shall be construed to bee during the parties life 12. A Iustice of peace intending to take a recognisance for the peace and yet maketh no mention therein Dalton 155. nor in the condition thereof that it is for the preservation of the peace it seemeth to bee voide as being taken coram non judice for a Iustice of Peace hath no authoritie to take a recognisance generally but for matters concerning his office specially 13. If the Recognisance be that the party bound shall not beat nor maime A. yet it is not good Ibid. because it ought to bee for the keeping of the peace generally and the peace may bee broken by burning the house of A. or the like 14. If the Recognisance doe not limit any time of apparance but be generally to keepe the peace yet it is good for the time of apparance is referred to the discretion of the Iustice and the chiefe scope is the keeping of the peace by Master Marrow 15. Also by his opinion if the Recognisance doe limit a time of apparance but therein is no person named before whom the party so found shall appeare then may he appeare where he will before that Iustice of peace which tooke the recognisance ibidem but in that case I thinke the Condition is voide by reason of the incertainty 16. But in the two last cases if a recognisance should be taken in such maner at this day I should thinke it safe for the party to appeare at the next Sessions for the peace and there to record his apparance but to avoide these doubts let the Iustice of peace expresse that the party shall appeare before his Majesties Iustices of peace at the next generall Sessions of the peace to be holden in that County or at the next generall Assise and gaole delivery before his Majesties Iustices of gaole delivery in that County and in so doing these scruples are avoyded 17. If the Recognisance be to appeare at any other Sessions after and not at the next Sessions yet the Recognisance is good Crom. 141. P. Iust 106. and yet by the statute of 3. H. 7. cap. 1. It is enacted that every Recognisance taken for the peace by the Iustice of peace ex officio shall bee certified sc sent or brought in at the next Sessions of the peace and there delivered to the Custos Rotulorum or else the Iustice of peace is fineable but it doth not therefore follow that every Recognisance taken for the peace ought to be to appeare at the next Sessions but that it ought to be brought in and then the party may be called at the time expressed in the Recognisance and not before 18. If the Recognisance be in Twenty pounds to be levied of his lands only or of his goods only yet it is good and these words only may seeme voide for the acknowledgement of the Recognisance before a competent Iudge both maketh it a debt Dalton 1 55. and implieth the ordinary
or in executing his precepts or their offices and such as shall assist them and except it be upon Cry or Proclamation made for Armes to keepe the peace and that in places where such Acts doe happen be so hardy to come before the Kings Iustices or other his Ministers doing their offices with force and Armes nor bring any force in Affray of the countrey nor goe nor ride armed by night or by day in Faires or Markets or in presence of the Iustices or other Ministers nor in any place elsewhere upon paine to forfeit his armour to the King and his bodie to imprison at the Kings pleasure 2. Ed. 3. cap. 3. 40. Upon this statute he that is put out or holden out of his land with force useth to have at this day a writ directed out of the Chancerie either to the Sheriffe only as Master Fitzh in his Na. Br. fol. 149. rehearseth it for I finde it not in the Register of writs or else custodibus pacis ac vicecomiti eorum cuilibet as the common manner is commanding that Proclamation be made upon the statute and that if any be afterwards found offending against the same they shall be committed to prison there to remaine untill some other commandement be given concerning them and that their armour and weapon shall be prised and the same answered to the use of the Kings Majestie 41. But forasmuch as that Iustice of peace to whom this writ shall be delivered is to make execution of the same as a minister only and is to certifie his doing therein I thinke good to lend these few helpes towards it 42. At his comming to the place where the force is supposed by this writ he may cause three O yes for silence to be made with this or such another Proclamation 43. The Kings Majesties Iustice of his peace straightly chargeth and in his Majâ—sties name commandeth all and every person to keepe silence whilest his Majesties writ upon the statute made at North-hampton in the second yeare of King Edward the third his noble Progenitor delivered to the said Iustice be read and Proclamation be made thereupon accordingly 44. Then may he read the writ or declare the effect thereof in English 45. After that let three other O yes be made and thereupon may this Proclamation follow 46. His Majesties said Iustice doth in his Highnesse name and by vertue of his said writ straightly charge and command that no manner of person of what estate degree or condition soever now being within the house of B. c. named in the said writ shall go armed nor keepe force of armour or weapon nor doe any thing there or elsewhere in disturbance of his Majesties peace or in offence of the said statute upon the paines of loosing his said armour and weapon and of imprisoning his body at his Majesties pleasure God save the King 47. This done the Iustice may enter and search whether there be any force of armour or weapon worne or borne against this Proclamation or otherwise he may enquire thereof by a Iury for so the writ it selfe doth warrant him to doe and if any such be found hee ought to imprison the offendors and to seise and apprise the Armour and weapon so found with them but if upon the Proclamation made they doe depart in peaceable manner then hath hee no warrant by the writ to commit them to prison 48. But now let me shew him a forme of Certificate or returne of this writ into the Chancery and then make an end 49. Upon the back of the writ these words may be endorced viz. 50. Executio istius brevis patet in quadam scedula eidem brevi consuta The scedule may be thus 51. Ego Iohannes Twysden armiger unus custodum pacis Domini Regis in Com. Dublin certifico in Cancellariam dicti Domini Regis quod virtute istius brevis mihi primo deliberati decimo die Aprilis Anno c. publicè proclamari ex parte dicti Domini Regis feci apud B. Cujus in dicto brevi fit mentio prout in dicto brevi precipitur quod quidem A. D.E. de F. in Com. praedict Labourers predictam Proclamationem parvi pendentes post Proclamationem predictam ibidem sic factam armati iverunt as armatam potentiam ibidem duxerunt scilicet duas galeas unum arcum et decem sagittas duos gladios et totidem pugiones in perturbationem pacis dicti Domini Regis ac terrorem populi sui necnon in contemp statut in dicto brevi specificati manifestum Ac proinde dict A.C. et D.E. unacum armaturis suis predict arrestavi ac seisivi et eorum corpora ad proximam prisonam dicti Domini Regis in Com. pred duci feci ibidem moratus donec aliud à dicto Domino Rege pro ipsorum deliberatione habuero in mandatis armaturas etiam eorum predictorum appretiari feci per A.B.C.D. et E.F. de B. predict Yeomen ad hoc juratos Qui dicunt super sacramentum suum pred quod predictae duae galea valent decem solid et quod dict arcus et decem sagitti valent sex sol et quod gladij predicti valent viginti sol et quod dicti pugiones valent quinque solid et sic quod armatura pred valet in toto quadraginta et unum solid de quibus paratus sum respondere secundum tenorem dicti brevis In cujus rei testimonium huic presenti certificationi mea sigillum meum apposui dat apud B. pred die et anno supradictis 52. By this you have seene what one Iustice of the peace ought to doe in the execution of this statute as a Minister and by the same you may also see what he may doe therein of himselfe ex officio as a Iudge and without any writ brought unto him 53. For not onely by the plaine words of the statute of Northhampton the wardens of the peace have power within their wards and are commanded to execute this Act upon a paine but also by good implication in the Commission it selfe every Warden of the peace hath the statute of Northhampton committed to his charge so that both in the matter and manner the doing is all one saving that if he doe it as a Iudge he needeth not to make any Proclamation the statute being a prohibition in it selfe nor yet to send any certificate into the Chancery but onely to make his owne Record of that which he shall doe in this behalfe and thereout to send an estreate into the Exchequer that the King may be answered of the armour or of the value thereof 54. And here perhaps the redemption of the imprisonment may be at the discretion of the same Iustice even as inâ—â—â— statutes of 15. R. 2. and 8. H. 6. it seemeth to be but therein my advâ— shall be the same that I gave them before Adjoyning this that in 〈◊〉 execution of this statute of Northhampton the
refuse to receive felons or shall take any thing for the receiving of them this by the statute of 4. of Edw. 3. ca. 10. is punishable by fyne and imprisonment 7. If any Coroner In Coroners shall exact more Fees for taking an Inquisition super visum corporis of one that is murdred or killed then thirteene shillings foure pence which is to be paid of the goods of the offendor or of the Towneship where the offence was committed in the day time if the offendor have escaped for this offence the Coroner by the statute of 3. H. 7. 3. H. 7. ca. 1. shall forfeit 5. l. 8. If Ordinaries or their officers shall take more Fees for the probate of Testaments or granting letters of administration then is appointed for them to take by the statute of 28. H. 8. cap. 18. in Ireland the offendors herein shall for every of their offences by force of the said statute incurre the penalty and forfeiture of 10.l 9. If any Clearke of the peace In Clearks of the peace take above j.s. for the inrolling of a bargaine and sale where the land doth not exceed forty shillings per annum and where it exceedeth that summe ij.s. vj.d. by a statute made 10. Caroli cap. 1. in Ireland he is to be punished by fyne and imprisonment 10. If the Clearke of the market In Clearks of the market take any common fyne or other reward to dispence with offences or tarryeth any longer in the Country then the necessity of the businesse requireth by the stat of 13. R. 2. cap. 4. he is for his first offence to be fyned in 5.l for his second in 10.l and for his third offence in 20.l 11. If Mayors In Mayors c. and chiefe officers of Townes and Corporations take excessive Fees for sealing of waights and measures that is to say for sealing of every bushell more then a penny for every other measure more then a halfe penny for every hundred waight more then a penny for every halfe hundred more then a halfe penny and for every weight under more then a farthing by a statute made in 7. H. 7. ca. 3. they are for every such offence to be fyned in 40 s 12. If any Purveyor In Purveyors take any bribe or reward to spare any man or take Corne by any other measure then the striked bushell or take carriages without ready payment by the severall statutes of 15. Ed. 3. cap. 1. 36. Ed. 3. cap. 3. and 1. H. 5. cap. 10. he is to be punished by two yeares imprisonment and ransome and to pay treble damage to the party grieved 13. If Iurors In Iurors take any thing to make their presentments favourably by the statute of 5. Ed. 3. cap. 10. they are to bee punished by imprisonment and ransome 14. If any person shall get into his possession any mony or other goods by any false token By false tokens or counterfeit letter this is a misdemeanor at the common Law to be punished by a great fyne and imprisonment and to be bound to the good behaviour and by a statute made in England in 33. H. 8. ca. 1. which is not in force in Ireland he is to be punished by imprisonment of his body standing upon the pillory or otherwise by any corporall paine except paines of death as shall be upon him adjudged or appointed by the person or persons before whom he shall be convict of the said offences or of any of them 15. If any person shall packe fish deceitfully mixing small fish with the countable fish by a statute made in 22. Ed. 4. ca. 2. he is to be fyned for every vessell so deceitfully packed vj.s. viij d 16. If any Cowper By Cowpers shall make vessels for Beere or Ale of unseasonable timber this is a misdemeanor at the common Law punishable by fyne and imprisonment 17. If any Miller By Millers shall take Toll by the heape he is to be punished by fyne and imprisonment and likewise if he take more then the twentieth or foure and twentieth part he shall be punished in manner aforesaid by the statute of 31. Ed. 1. called the statute of Bakers and Brewers c. 18. If any man shall buy any pretended title By buying of pretended titles to any lands or tenements the seller being out of possession by a statute made in Ireland 10. Caroli aswell the buyer as the seller shall forfeit the whole value of the lands so contracted for and also be imprisoned 19. If any person shall mainetaine any suit in any Court By maintenors or any quarrels in the Countrie he is to be punished by Fyne and imprisonment by the severall statutes of 1. Ed. 3. ca. 14. and 1. R. 2. c. 5. 20. If any person shall move pleas or suites By Champerty or cause them to bee moved either by their owne procurement or by others and sue them at their proper Costs for to have part of the Land in variance or part of the gaine to be recovered by such suites such persons by the statute of 33. Ed. 1. Rastal Champertie 5. are declared to be Champertors and are to be punished in manner following that is to say that if any shall by covenant or contract give up his right to another by way of Champertie the taker of such gift shall forfeit so much as doth amount to the value of the thing that he hath so acquired 26. Ed. 1. Articuli super Chartas cap. 11. And by the statute of 20. Ed. 1. Rastall Champertie 3. hee shall be imprisoned by the space of three yeares and if any shall receive any Church Advowson land or Tenement in Fee or to farme so long as the thing is in plea aswell the party that selleth as he that purchaseth the same shall be punished by Fyne and imprisonment by the statute of Westminster the 2. cap. 49. 21. By subornation If any person shall suborne or procure another to give false testimony upon his oath in any cause depending in any of the Kings Courts or ad perpetuam rei memoriam this offence is subornation of perjurie for which the offendor shal be fined in 40.l and if he be not worth so much then to have halfe a yeares imprisonment and to stand upon the pillory and his testimony for ever to be disabled 28. Eliz. cap. 1. in Ireland 22. If any person shall wilfully and wittingly foresweare himselfe in any Court of Record this is perjury By perjury for which the offendor is to be fyned in xx.l. and six moneths imprisonment and if he have not goods to that value to be set upon the pillory and both his eares nailed to the same and his testimony forever to be disallowed 28. Eliz. ca. 1. in Ireland By forestalling 23. If any person or persons shall buy any Corne Fish or other things comming by land or water to any market to be sold these are forestallers
2. Rich. 2. cap. 5. and 12. R. 2. cap. 11. by fyne and imprisonment at the discretion of the Court and to be bound to the good behaviour 48. Finally all manner of offences whatsoever which tend to the disturbance of the publique peace or to the oppression or defrauding of the people or to the maintenance and upholding of any disorder in the common wealth or that may any wayes trench upon the setled governement of the Church or common wealth are inquirable in the Sessions of the peace and are aswell by the Commission of the peace as by the rule of the common Law to be punished by fyne imprisonment bonds of the good behaviour or otherwise at the discretion of the Court as the cause shall require Of the indictments and presentments given by the Iurors and of the matter and forme and receiving and rejecting of them CHAP. 8. 1. THe preparation to this Enquiry thus made let us goe neare and looke also into the performance of the same Lamb. li. 4. pag. 485. the understanding or knowledge which the Iustices of the peace doe take by the travell of these enquirors is by their report put in writing and commonly called an indictment or presentment betweene the two which words howsoever they be confounded or not rightly distinguished in common speech me thinketh that there doth easily appeare a true and certaine difference Presenment indictment Ibid. 2. For I take a presentment to be a meere denuntiation of the Iurors themselves or of some other officer as you shall hereafter heare without any Information and an endictment to be the verdict of the Iurors grounded upon the accusation of a third person so that a presentment is but a declaration of the Iurors or officers without any bill offred before and an endictment is their finding of a bill of accusation to be true Endictment 3. An indictment ought therefore to be the verdict of Iurors that be charged to enquire of that offence which is presented by them for if A. be indicted of stealing the goods of B. and pleadeth thereto not guilty Lamb. li. 4. pag. 486. and the Iury findeth that C. stole his goods and that A. tooke them from him but not feloniously this verdict shall not stand for an indictment against C. because that Iury had no charge to enquire generally who did the felony but to try specially whether A. were hereof guilty or no. 13. Ed. 4. 3. 4. But if A. be arraigned upon an Indictment of murder taken before the Coroner Ibid. and is not found guilty Now the Iury ought to finde who is guilty thereof and if they say that C. killed the man that verdict shall serve for a good endictment against C. because the Iury had taken so much in charge ibidem 5. This also is generally true that all bils informations and indictments grounded upon penall statutes wherein the King only is to reape the forfeiture ought to be commenced within three yeares next after the offence committed and if the suite be given to any other person for him and the King that ought also to commence for the King within three yeares but if a common person shall informe for himselfe and the King then the Information c. must be commenced within one yeare next after the offence done otherwise it is meerely voyd unlesse longer or shorter time be limitted by that speciall statute upon which the Information indictment or presentment is made and framed 28. H. 8. cap. 21. in Ireland Lamb. li. 4. pag. 487. 488. 6. Furthermore all indictments forasmuch as they be in the nature of a declaration ought to containe certainety and therefore as saith Master Marrow five principall things be most commonly requisite in presentments before the Iustices of peace viz. 1. First the name surname and addition of the party endicted 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 the fact and the nature of the offence as the manner of the Treason murder felony or Trespasse 6. The name and surname The name and surname of the party indicted must be certainely expressed and if the indictment be of an accessary in felony the name of the principall must be set downe also for if the indictment be quod A. mandavit euidam ignoto occidere B. quod fecit this is vitious Ibid. but in Treason Trespasse or Murther where all be principals it may be quod procuravit personas ignotas to doe the Treason Trespasse or Mayheime Mar. Lambart li. 4. pag. 488. 7. Besides the name and surname of the party indicted there ought also by the statute 1. H. 5. ca. 5. in every presentment wherein processe of utlary lyeth to be added his estate degree or mystery Lamb. li. 4. pag. 488. and the County Towne Hamlet or place where he is or was conversant and even so ought it to have beene at the common Law touching names of dignity made by creation as Duke Marquesse Earle Viscount Archbishop Bishop Knight or Sergeant at the Law because every of these titles were accounted parcell of the name but it was not so for the names of Baron Banneret and Esquire which are names of dignity without creation nor for Chancellor Treasurer Chamberlaine Sheriffe Coroner Escheator Bailiffe Deane Archdeacon Deacon prebendary or parson which are names of dignity by reason of office onely unlesse the presentment did charge them in respect of their offices for then the name of office also as Bailiffe or Escheator ought to be used in the indictment Marrow 8. But now Baron Knight Esquire Gentleman Alderman Degree or mystery Widow Single woman Deane Archdeacon Parson Doctor Clerk Parish Clearke are good additions of estate or degree as I take it within the meaning of this statute of additions but farmer servant Lamb. li. 4. pag. 489. Butler Chamberlaine are not because they be common to Gentlemen and Yeomen and they be uncertaine so Merchant Grocer Mercer Tayler Broker Husbandman Hostler Labourer Lighterman Waterman Spinner c. be good additions of mysteries but Citizen is not because it is no mystery Art or degree neither is Extortioner Maintainer Vagabond Hereticke Dicer Carder or such like any good addition because they are every one evill and against the Law 9. And this part of the addition of estate degree or mystery must alwayes be knit to the proper person for Sybilla Batt nuper de T. in Com. D. uxor Iohannis Batt nuper Spinster was rejected Dyer fo 47. because Spinster was more properly to be referred to Iohn which is the last antecedent then to Sybilla Collect. Dyer 47. 10. Also by the said statute as I said the addition ought to comprehend the County and the Towne and Hamlet or place knowne out of any Towne or Hamlet
these and such other cases where they cannot of themselves proceed they ought to send the Records to such as have authority to determine upon them and otherwise they doe not discharge that duty which the words Salvis c. alijs ad nos indespectantibus in the Commission doe seeme to expect at their hands 6. Touching the Certiorari it is of force if it be made accordingly to remove not only Endictments or other executory Records wherein the Iustices of peace can goe no further and whereof I have spoken already but also the Records of causes fully and lawfully heard and determined by them to the end that they may be reversed and annulled in the Kings Bench if good matter and cause doe require it 7. For that preheminence hath the Kings Bench and all other the higher Courts to write to the Iustices of peace to certifie their Records that doe make for the tryall of causes hanging in them as you may read in 19. H. 6. 19. where the Iustices of the common place did send to the Iustices of peace for an Endictment because in a writ of conspiracy brought before them it was materiall to have it 8. And yet they of the common place doe not use to write for Endictments or such other Records unlesse they be thereunto induced by cause hanging in their owne Courts before them For otherwise the right way to remove them is by Certiorari out of the Chancery from whence they may be transferred by Mirtimus to any other Court 41. li. Ass pl. 2. per Knyvet chiefe Iustice Matters by severall Statutes specially appointed to be done and executed in the Quarter Sessions CHAP. 20. 1. VVEe have hitherto laboured and run over such things as are common to all generall Sessions of the peace and yet because there be certaine matters that are by severall statutes specially appropriated some to any and others to some one of the quarter Sessions it will not be amisse to set forth what Sessions is and ought to be called a quarter-Sessions 2. Every quarter Sessions is a generall Sessions of the peace and is styled generalis sessio pacis but other Sessions which are held upon speciall occasions although all the articles inquirable in the Sessions of the peace be given in charge are not quarter-Sessions nor to be styled generalis sessio pacis but only Sessio pacis c. 3. This quarter-Sessions is so called because it is holden quarterly viz. foure times in the yeare and the stat of 4. H. 7. cap. 12. calleth these foure quarter-Sessions principall Sessions for that in them chiefely the whole power and authority of the Iustices of peace doth shine and shew it selfe more then in other Sessions 4. These quarter-Sessions have beene appointed by severall statutes to be holden quarterly and at speciall times and therefore it will not be amisse for our better instruction to peruse such statutes as doe either in deed or in shew concerne this point 5. The stat of 25. Ed. 3. cap. 8. ordaineth That the Iustices of peace make their Sessions in all the Counties of England at the least foure times in the yeare viz. at the Feasts of the Annunciation of our Lady Saint Margaret S. Michael and S. Nicholas and also at all times that shall be needfull according to the discretion of the same Iustices 6. But this ordinance was altered as to the times by the Stat. of 36. Ed. 3. cap. 12. which ordaineth that in the Commission of the peace shall be contained that the Iustices of peace shall hold their Sessions foure times in the yeare viz. one within the Vtas of the Epiphanie the second within the second weeke of Lent the third betweene the Feasts of Pentecost and Saint Iohn Baptist and the fourth within eight dayes next after Michaelmas 7. But this is againe altered as to the times by the stat of 12. R. 2. cap. 10. which hath ordained that the Iustices of peace should hold their Sessions once in every Quarter of the yeare at the least without expressing any certaine time and hereupon as I conceive it gained the name of the Quarter-Sessions and ever sithence hath been so called For before this statute although foure Sessions were to be held yearely yet the same were not quarterly 8. But after this in Anno secundo H. 5. cap. 4. there was another stat made whereby it is ordained that the Iustices of the peace in every Shire named of the Quorum be resiant within the same Shire except Lords named in the Commission of the peace and also except the Iustices of the one Bench and of the other the chiefe Baron of the Exchequer Serjeants at Law and the Kings Attourney for the time that the same Iustices Chiefe Baron Serjeants at the Law and the Kings Attourney be attending and occupied in the Kings Courts or otherwise in some other place occupied in the Kings service and also make their Sessions foure times by the yeare that is to say in the first weeke after the Feast of S. Michael the first weeke after the Epiphanie the first weeke after Easter weeke and in the first weeke after the Translation of Saint Thomas the Martyr which is the third of Iuly and more often if need be 9. Now there are divers offences which by severall statutes are inquirable and some other things are to be done by the Iustices of peace for the well ordering of the Common-wealth only at the Quarter-Sessions because the Statutes themselves doe appoint the Quarter Sessions for the enquiring and doing of the same 10. The Statutes which doe appropriate divers matters to the Quarter Sessions or to some one of them are these that follow viz. 11. By the Stat. of 1. H. 7. cap. 7. unlawfull hunting in forrests parks and warrens with painted faces vizzards or otherwise disguised is to bee punished by Fyne to bee assessed at the next generall Sessions of the peace which is to be intended of the quarter Sessions which were publiquely knowne and not of any Sessions held upon speciall occasion 12. So likewise by the Stat. of 11. Iac. cap. 7. in Ireland the defaults for not amending of high-wayes according to that stat are to be punished at the next Quarter-Sessions 13. So likewise perjurie and subornation of perjurie are by the stat of 28. Eliz. cap. 1. in Ireland to bee punished in the Quarter-Sessions 14. Also by the statute of 11. Caroli cap. 4. in Ireland the Iustices of peace or the more part of them may at any Quarter-Sessions give order for the erection of houses of Correction and for stockes of money and all other things necessary for the same and for the governement thereof and such houses of Correction are to be purchased conveyed or assured upon trust to such persons as by the Iustices of peace or the more part of them in their Quarter Sessions of the peace shall bee thought fit and such Iustices may at their Quarter Sessions of the peace next after
same 2. 2. Counterfeiting of forraigne coyne not currant in this Kingdome 3. 3. The uttering of false money made within this kingdome knowing it to bee false and counterfeit 1. The punishment of these Misprisions of Treason is forfeiture of goods chattels and the profits of lands during the life of the offendor and perpetuall imprisonment 2. 3. Secondly of Felony viz.   1. Concealing of any felony and not revealing it to some magistrate speedily after notice had of it 1. The punishment of Misprision of felony is by fyne and ransome and imprisonment at the discretion of the Iudge Thirdly other Misprisions viz.   1. Offering to strike any Iustice sitting in Iudgement 1. The punishment for offering to strike a Iustice sitting in Iudgement or a Iuror in presence of the Iustice is forfeiture of lands goods and Chattels losse of his right hand and perpetuall imprisonment 2. Striking a Iuror in presence of the Iustices 2. 3. Striking of a Knight or man of honor by any person of meane quality 3. The punishment of striking of a Knight c. by one of meane qualitie in ancient time was the losse of his hand but now it is used to be but fyne and imprisonment and bonds of the good behaviour 4. Rescuing of a prisoner arrested by any of the Kings Iustices sitting in Iudgement 4. Rescuing of a prisoner arrested by a Iustice is forfeiture of lands goods and chattels and perpetuall imprisonment Fourthly of Praemuniries which be of two sorts viz. the one the extolling of forraigne Iurisdiction the other for prosecuting of causes in the Ecclesiasticall Courts which are meere lay causes c.   1. Exercising of forraigne authoritie or Iurisdiction in causes Ecclesiasticall The punishment of all these offences of Praemunire is forfeiture of lands goods chattels and perpetuall imprisonment 2. Maintaining or publishing by word or writing that the Bishop of Rome hath or ought to have any authority or Iurisdiction within the Kings Dominions the second offence is a Praemunire  The punishment of all these offences of Praemunire is forfeiture of lands goods chattels and perpetuall imprisonment 3. The purchasing of any provision Bull or other processe from the Court of Rome  4. The obeying of any such processe procured from the Court of Rome 5. The prosecuting of any lay cause in any Ecclesiasticall court which originally belongeth to the Kings temporall Courts Fifthly Finable Offences which are either of 1. Force 2. Fraud 3. Omission or 4. Other abuses   First Finable offences of Force viz. 1. Riots Routs and unlawfull assemblies 1 For great Riots a great Fyne and a yeares imprisonment at the least For small Riots Routs and unlawfull assemblies besides the Fine imprisonment in discretion 13. H. 4. cap. 7. 2. Forcible Entries and forcible detainers 2 Fyne ransome and imprisonment and restitution of possession 15. R. 2. ca. 2. 8. H. 6. ca. 9. 10. Caroli ca. 16. 3. Assaults Batteries bloodsheds Maihems and all other Trespasses in lands and wrongfull taking of goods 3 Fyne and imprisonment at the discretion of the Iudge 4. Rescuing of distresses and pound breaches 4 Fine and imprisonment at the discretion of the Iudge 5. Riding or going armed in terrorem populi 5 Imprisonment and forfeiture of the Armour 2. E. 3. c. 3. 7. R. 2. ca. 13. 20. R. 2. ca. 1. 6. Lying in waite to kill or maihem 6 Fine and imprisonment and bonds of the good behaviour Secondly Offences of fraud and deceit viz.   1. Extortions and oppressions by officers in taking more Fees then are due or in exacting Fees where none are due 1 Fyne and imprisonment during pleasure 2. Extortions and oppressions in Land-lords and their servants in exacting of an Irish pretended duty called Loghtavy upon their Tenants 2 The like punishment 3. Escheators taking above xl.s. for an office 3 To forfeit 40.l 27. H. 6. ca. 17. 4. Sheriffes undersheriffes and their Clerkes entring of plaints in the County Court without notice of the plaintiffe or dividing one contract or Trespasse into severall plaints 4 Fyne and imprisonment 5. Sheriffes levying the Kings debt without shewing the party the Estreats under the seale of the Exchequer 5 Fyne to the King treble damage to the partie 42. E. 3. ca. 9. 7. H. 4. ca. 3. 6. Sheriffes or Gaolers that have denied to receive felons or that take any thing for the receiving of them 6 Fyne and imprisonment 4. E. 3. ca. 10. 7. Coroners that exact more Fees for taking an Inquisition upon the view of a body murdred or killed then 13. s. 4. d. which is to be paid of the goods of the offendour or of the Towneship where the offence was committed in the day time if the offendor have escaped 7 Forfeiture of 5.l 3. H. 7. ca. 1. 8. Ordnaries or their officers which take more Fees for the probate of Testaments granting of letters of administration then is appointed for them to take by the statute in that case provided 8 Forfeiture of 10. l. 28. H. 8. cap. 18. in Hibernia 9. Clerkes of the peace that take above 12. d. for the enrolling of a bargaine and sale where the land doth not exceed xl.s. per annum and where it exceedeth that summe 2 s 6.d 9 Fyne and imprisonment 10. Caroli cap. 1. in Ireland 10. Clerke of the Market that taketh any bribe to dispence with offences or tarryeth any longer in the countrey then the necessity of the businesse requireth 10 Fyne and imprisonment 11. Mayors and chiefe officers of townes and corporations that take excessive Fees for scaling of measures waights 11 Forfeiture of 40 s 7. H. 7. c. 3. 12. Purveyors that take any Bribe to spare any man or take corn by any other measure then the striked bushell or take carriages without readie payment 12 Two yeares imprisonment treble damage and ransome 15. E. 3. cap. 1. 36. E. 3. c. 3. 1. H. 5. cap. 10. 13. Iurors that take any thing to make their presentments favourably 13 Imprisonment and ransome 5. E. 3. c. 10. 34. E. 3. ca. 8. 38. E. 3. cap. 1. decies tantum and if he have not to pay a yeares imprisonment 14. If any have gotten into his possession any money or other goods by any false token or counterfeit letter 14 Great fyne and to be bound to the good behaviour 15. Packing of fish deceitfully and mixing small fish with the countable fish 15 Forfeiture for every vessell 6 s 8.d 22. E. 4. ca. 2. 16. Cowpers that make vessell for Beare or Ale of unseasonable Timber 16 Fyne and imprisonment 17. Millers that take Toll by the heape 17 Fyne and imprisonment 3. E. 1. p. Toll 2. 18. Maintenance of suits in Courts and quarrels in the Countrie and Champerties 18 Fyne and imprisonment 1. E. 3. ca. 14 1. R. 2. ca. 5. 19. Subornation of perjurie 19 Forfeiture of 40.l and if the offendor be not worth so