or Commissioners to inquire of Felonies in the County where such Offences of Accessary c. shall be committed c. shall be as good and effectual in the Law as if the said principal Offence had been committed c. within the same County where the same Indictment against such Accessary shall be found § 4. N. 2. And that the Iustices of Goal-delivery or Oyer and Terminer Accessary or two of them of or in such County where the Offence of any such Accessary shall be hereafter committed c. upon suit to them made shall write to the Custos Rotulorum or Keepers of the Records where such Principal shall be hereafter attainted or convicted to certify them whether such Principal be attainted or convicted or otherwise discharged of such principal Felony who upon such Writing to them or any of them directed shall make sufficient Certificate in Writing under their Seal or Seals to the said Iustices whether such Principal be attainted and convicted or otherwise discharged or not 3 4 Ed. 6. p. 667. Acts made in the Session of this present Parliament Parliament holden upon Prorogation at Westminster the fourth day of November in the third year of the Reign of our most Dread Soveraign Lord Edward the sixth by the Grace of God King of England France and Ireland Defender of the Faith and of the Church of England and also of Ireland in Earth the Supream Head and there continued and kept to the first day of February in the fourth year of the Reign of our said Soveraign Lord as followeth Cap. 1. Where in the Parliament holden at Westminster in the seven and thirtieth year of the Reign of the most excellent Prince of Famous Memory King Henry the eighth viz. 37 H. 8. Cap. 1. § 2. N. 2. Patents it was Enacted that no person or persons should from the making of the said Act be nominated and appointed to the Office or Offices of Custos Rotulorum within any Shire of this Realm of England Wales or other the Kings Dominions Marches or Territories of the same but such as should have a Bill signed with the Kings hand for the same § 1. N. 2. Which Bill signed viz. 37 H. 8. Cap. 1. § 2. N. 3. Chancery should be a sufficient Warrant by Authority of the said Act to the Lord Chancellor of England and Lord Keeper of the Great Seal for the time being to make from time to time Commission or Commissions assigning and authorizing thereby the same person to be Custos Rotulorum untill the King had by another Bill assigned with his own hand appointed and ordained another person to have occupy and exercise the same Office of Custos Rotulorum § 1. N. 3. And Viz. 37 H. 8 Cap. 1. § 2. N. 4. Peace that the said person appointed and assigned to be Custos Rotulorum as is abovesaid should and might occupy exercise and enjoy the said Office of Custos Rotulorum by himself or by his sufficient Deputy learned in the Laws of this Realm and meet and able to supply the said Office according to the Tenor of the said Grant or Commission as by the same Act among other things more at large it doth and may appear § 2. N. 1. Since the making of which Statute viz. 37 H. 8. Cap. 1. § 2. Patents divers and many persons being in the said Offices of Custos Rotulorum in divers Shires of the Realm have departed this present Life and dyed so that there hath not come to the hands of the Chancellor of England or Lord Keeper of the Great Seal any Bill or Bills assigned with the Kings Majesties hand for the naming appointing or assigning of any new Custos Rotulorum in the same Shires and so the said Offices have remained void for a long time to the great let of Iustice § 2. N. 2. And also for that it shall be very tedious and much to the molesting of the Kings Majesty upon every avoidance of such Custos Rotulorum by death or otherwise Officer to move his Majesty for the signing of Bills for other persons to be elected named chosen and appointed to supply the said Offices of Custos Rotulorum being void § 2. N. 3. And for that the nomination and appointing of the said Office of Custos Rotulorum long before the making of the said Statute c. viz. 37 H. 8. Chancery C. 1. did appertain and belong to the Office of the Chancellor of England or Lord Keeper of the Great Seal for the time being § 3. N. 1. Be it therefore Enacted by the King our Soveraign Lord Prerog with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same that the Chancellor of England or Lord Keeper of the Great Seal for the time being shall at all time and times hereafter and from time to time without any Bill or Bills to be assigned with the Kings hand name elect assign and appoint such person and persons to be Custos Rotulorum within every Shire of this Realm of England Wales and other the Kings Dominions Marches and Territories of the same or by any of them as by the discretion of the said Lord Chancellor or Lord Keeper of the Great Seal for the time being Deputy § 3. N. 2. shall be thought able and meet to have and exercise the same And that the said person or persons so to be appointed elected named and assigned by the said Lord Chancellor or Lord Keeper of the Great Seal for the time being shall and may occupy exercise and enjoy the same Office of Custos Rotulorum by himself or by his sufficient Deputy or Deputies Patents in as ample and large manner and form as if the said Act viz. 37 H. 8. Cap. 1. had never been had ne made § 4. N. 1. the before rehearsed Act or any thing therein contained to the contrary hereof in any wise notwithstanding Provided always and be it Enacted by the Authority aforesaid that all such as now have any of the said Offices of Custos Rotulorum by the Kings Letters Patents or Commission to them or any of them made shall and may enjoy Franchise have and exercise the said Offices by vertue of the same Letters Patents or Commission by himself § 5. N. 1. or his sufficient and able Deputy instructed in the Laws of this Realm any thing in this present Act had or made to the contrary notwithstanding Provided also that it be Enacted by the Authority aforesaid that the Arch-Bishop of York the Bishop of Durham the Bishop of Ely and every of their Successors the Chancellor of the Dutchy of Lancaster for the time being and all and every Person and Persons Corporations and Bodies Corporated to whom the Kings Majesty or any of his Noble Progenitors by his or their Letters Patents or Act
Imprisonment and to mak◠Fine to the King 8 H. 6. Cap. 9. § 1. N. 4. § 1. N. 5. And in the same manner it shall be done of them that make such forcible Entries in Benefices or Offices of holy Church 8 H. 6. Cap. 9. § 1. N. 5. Church 17 R. 2. C. 8. The Sheriffs and all other the Kings Officers Riot shall Suppress Riots and Imprison them and all others Offending against the Peace 4. Inst 51. 13 H. 4. Cap. 7. C. 9. § 1. N. 7. Wherefore it is Accorded c. Fish That the Iustices of Peace of all the Counties of England shall be Conservators of the said Statutes viz. 13 Ed. 1. St. 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. in the Counties where they be Iustices and that they and every of them at all times when they may attend shall Survey the Offences and Defaults attempted against the Statutes aforesaid § 1. N. 8. And also shall Survey and Search all the Wears in such Rivers Sewers that they shall not be very strait for the distinction of such Fry and Brood but of reasonable widenes after the old Assise used and accustomed § 1. N. 9. And that the same Iustices or any of them which shall find Default Process or Abuse against the Statutes aforesaid viz. 13 Ed. 1. St. 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. shall make due Punishment of them which be found in default after the Content of the same Statute §. 1. N. 10. And that the same Iustices Deputy shall put good and sufficient Vnder-Conservators of the same Statutes viz. 13 Ed. 1. St 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. under them which shall be sworn to make like Surveying Search and Punishment without any favour thereof to be shewed § 1. N. 11. And moreover that the same Iustices in their Sessions shall Enquire Enquest as well by their Office as at the Instance of the under-Conservators aforesaid of all Trespasses Misprisions and Defaults made against any of the Points aforesaid § 1. N. 12. And shall cause them which be thereof Indicted to come before them Process Imprisonment § 1. N. 13. And if they be thereof Convict they shall have Imprisonment and make Fine after the discretion of the same Iustices C. 10. Item Forasmuch as Theeves notoriously defamed Enquest and others taken with the manner by their long abiding in Prison after that they be arrested be delivered by Charters and favourable Enquests procured to the great hindrance of the People § 1. N. 2. It is Accorded and Assented Justices that in every Commission of the Peace through the Realm where need shall be two men of Law of the same County where such Commission shall be made shall be assigned to go and proceed to the deliverance of such Theeves and Felons as often as they shall think it expedient 18. H. 6. Cap. 11. 20 R. 2. p. 186. The King at his Parliament holden at Westminster in the Feast of St. Vincent the twentieth year of his Reign by the Assent of the Prelates Parliament Lords and Commons of his Realm of England assembled in the same present Parliament for the Quietness and Tranquillity of his People hath made certain Statutes and Ordinances in the form which followeth Cap. 1. First Peace whereas in a Statute made the seventh year of the Reign of the King that now is viz. 7 R. 2. Cap. 13. It is Ordained and Assented that no man shall ride Armed within the Realm against the form of the Statute of Northampton viz. 2 Ed. 3. Cap. 3. thereupon made nor with Launce-gays within the same Realm § 1. N. 2. And that the said Launce-gays shall be utterly put out within the said Realm as a thing prohibited by the King War upon pain of forfeiture of the same Launce-gays Armors or any other Harnes in the hands and possessions of them that bear them from henceforth within the same Realm against the same Statutes and Ordinances viz. 2 E. 3. Cap. 3. 7 Rich. 2. C. p. 13. without the Kings special Licence Riot Our Lord the King §. 1. N. 3. considering the great clamour made to him in this present Parliament because that the said Statute is not holden hath ordained and established in the said Parliament that the said Statutes viz 2 Ed. 3. cap. 3. 7. Rich. 2. cap. 13. shall be fully holden and kept and duly executed and that the said Lance-gayes shall be thereby put out upon the pain contained in the said Statute of Northampton viz. 2 Ed. 3. cap. 3. and also to make fine and ransom to the King Officer And moreover that no Lord Knight nor other § 1. N. 4. little nor great shall go nor ride by night nor by day armed nor bear Sallet nor Skull of Iron nor of other Armor upon the pain aforesaid Save and except the Kings Officers and Ministers in doing their Office Maintenance And moreover the King will and hath ordained § 1. N. 5. that the Statute made the first year of his Reign viz. 1 Rich. 2. cap. 7. Of Liveries of Hats shall be holden and kept upon the pain contained in the same Statute and upon pain to be imprisoned and make Fine and Ransome to the King Statuta Hen. 4. Justices JOyned thereto viz. to 1 H 4 Cap. 7. 2 H. 4. Ca. 21. § 2. N. 3. Of Liveries that the Iustices of the one Bench and of the other and the Iustices of Assises and of the Peace have power and authority to enquire hear and determine in this case by Record in their presence or by inquiry to be made from time to time Force And if such Disseisor be attainted of such Dissessin made in such forcible manner he shall have one years imprisonment 5 H. 4. Cap. 8. § 1. N. 3. and yeild to the party greived his double damages Justices And that in the Commissions of the Peace hereafter to be made 4 H. 4. Cap. 3. § 1. N. 2. this Article be put in that the Iustices of the Peace have power thereof viz. of Watches on the Sea-coasts to make inquiry in their Sessions from time to time and to punish them which be found in default after the tenor of the said Statute viz. 13 Ed. 1. St. 2. 3. cap. 4. Of Winchester Imprisonment Item because that divers Constables of Castles within the Realm of England be assigned to be Iustices of Peace by Commission of our Lord the King Cap. 10. and by colour of the said Commissions they take people to whom they bear evil will and imprison them within the said Castles till they have made fine and ransom with the said Constables for their deliverance It is ordained and established § 1. N. 2. that none be imprisoned by any Iustice
South for the time being 3 H. 5. St. 2. C. 7. § 1. N. 3. And that the Iustices of Peace through the Realm Mony shall have power by the Kings Commissions to enquire of all such matters viz. as well of Counterfeiting and of bringing of false mony into the Realm as of clipping washing and every other Falsity of the said mony and thereupon make Process by Capias only against these which before them shall be thereof Indicted 8 H. 5. C. 3. § 1 N. 4 And the Iustices of Peace shall have power to enquire thereof Mettle viz. of Guilding or Silvering of Mettles c. and that to determin Statuta Hen. 6. 2 H. 6. Cap. 8. § 2. N. 2. AND that the Iustices of Peace within the Counties Ireland and the Mayors and Bailiffs within Cities and Burroughs Enfranchised have power to take before them viz. of Irish men that enter this Realm such manner of Surety of good abearing and to do Execution upon them which shall abide or do against the said Ordinances from henceforth C. 11. § 1. N. 5. And the Iustices of Peace in all Counties of England and Mayors and Bailiffs having power to enquire of the Peace shall enquire Measures hear and determin all the same defaults viz. in the Contents of Vessels of Wine Eels Herring Salmon c. C. 14. § 1. N. 8. And the Iustices of Peace Mayors and Bailiffs Mettle and all others having power as Iustices of Peace shall hear enquire and determin Viz. of Gold-smiths and others not working Silver by the touch or Sterling allay by Bill Plaint or in other manner all that do contrary to the said Ordinances and thereof make due Execution by their discretions 6 H. 6. Cap. 3. The Iustices of Peace and cheif Officers in Cities Apprentice c. shall make Proclamation what every Artificer and Workman shall take for Wages and the Penalty of a Servant Artificer or Labourer that taketh more 8 H. 6. Cap. 5. § 2. N. 7. And that the Iustices of Peace Mayors Measures Bailiffs and Stewards of Franchises have power by Authority aforesaid to Examin the Trespassers in this Case viz. of false Weights and to enquire in special of Offenders against this Ordinance and to do Execution of them that be found faulty by Enquests or by Examination to be made by the said Iudges or Officers in this case in the manner as afore is said Force Item Whereas by the noble King Richard late King of England Cap. 9. after the Conquest the second at his Parliament holden at Westminster the Morrow after All Souls the fifteenth year of his Reign viz. 15 R. 2. Cap. 2. amongst other things it was Ordained and Established that the Statutes and Ordinances made and not repealed of them that make Entries with strong hand into Lands or Tenements or other Possessions whatsoever and them hold with Force and of them that make Insurrections Riots Routs Ridings and Assemblies in disturbance of the Peace or of the Common Law or in affray of the People should be holden and fully Executed Justices And moreover it is ordained by the same Statute Viz. 15 R. 2. § 1. N. 2. Cap. 2. § 1. N. 2. that at all times that such forcible Entries be made and complaint thereof come to the Iustices of Peace or any of them that the same Iustices or Iustice shall take the power of the County and shall go or one of them shall go to the place where such force is made Force And viz. 15 R. 2. Cap. 2. § 1. N. 3. if they find § 1. N. 3. or he findeth any holding of such place forcibly after such Entry made they should be taken and put in the next Goal there to remain convicted by the Record of the same Iustices or Iustice until they have made Fine and Ransom to the King Process And viz. 15 R. 2. Cap. 2. § 1. N. 4. § 1. N. 4. that all the people of the County as well Sheriffs as others shall be attending to the said Iustices and assist them to arrest such Malefactors upon pain of Imprisonment and to make Fine and Ransom to the King Church And viz. 15 R. 2. Cap. 2. § 1. N. 5. § 1. N. 5. that in the same manner be done of them that make forcible Entries into Benifices or Offices of holy Church as in the same Statute is contained more at Large Collusion And for that the said Statute viz. 15 R. 2. Cap. 2. § 2. N. 1. doth not extend to Entries in Tenements in peaceable manner and after holden with force nor if the persons which enter with force into Lands or Tenements be removed or voided before the coming of the said Iustices or Iustice as before nor any Pain ordained if the Sheriff do not obey the Commands and Precepts of the said Iustices for to execute the said Ordinances many wrongful and forcible Entries be daily made in Lands and Tenements by such as have no Right and also divers Gifts Feoffments and Discontinuances sometimes made to Lords and other puissant Persons and Extortioners within the said Counties where they be conversant to have Maintenance and sometimes to such persons as be unknown to them so put out to the intent to delay and defraud such rightful Possessions of their right and recovery for ever to the final Disherison of divers of the Kings faithful Leige-people and likely daily to encrease if due remedy be not provided in this behalf Assurances Our Lord the King considering the Premises § 2. N. 2. hath ordained that the said Statute viz. 15 R. 2. Cap. 2. and all other Statutes of such Entries of Alienations made in times past shall be holden and duly Executed Force Ioyned to the same viz. to 15. R. 2. Cap. 2. that from henceforth where any doth make any forcible Entry in Lands and Tenements § 2. N. 3. or other Possessions or them hold forcibly after Complaint thereof made within the same County where such Entry is made to the Iustices of Peace or to one of them by the party grieved that the Iustices or Iustice so warned within a convenient time shall cause or one of them shall cause the said Statute viz. 15. R. 2. Cap. 2. duly to be Executed and that at the costs of the Party so grieved Enquest And moreover §. 3. N. 1. though that such persons making suh Entries be present or else departed before the coming of the said Iustices or Iustice in some good Town next to the Tenements so entred or in some other convenient place according to their discretion shall have or either of them shall have Authority and power to enquire by the people of the same County as well of them that make such forcible entries into Lands and Tenements as of them which the same hold with force § 3. N. 2. And if
§ 1. N. 3. after that they shall have the Records of the same Pleas and Processes before them shall have Power and Authority to continue the said Pleas and Processes and the same Pleas and Processes and all that depend upon them to hear and finally to determin as the other Iustices might and ought to have done of and in the same if no new Commission had been made Wax And that as well every Iustice of Peace in the County where he is Iustice as Mayors and Bailiffs within Cities and Boroughs C. 12. § 1. N. 4. Stewards of Lords within the Franchises of their Lords have Power and Authority to Examin and Search viz. those that sell Wax-Candles too dear as well by Weights of such Candles Images Figures and other Works of Wax as in other manner by their Discretion and all them that any thing shall hereafter do against this Statute and to punish them that by such Examination and Search shall be found guilty in the form abovesaid Dayes Item Whereas it was Ordained by a Statute viz. 12 Rich. 2. 14 H. 6. C. 4. Cap. 10. § 1. N. 2. that the Iustices of Peace of all the Counties of England for the time being should sit and hold all their Sessions four times by the year to Enquire and Execute all Charges contained in their Commission which they be sworn to do according to the form of the Statute upon a great pain as by the same Statute more fully appeareth Justices Our Lord the King considering that all the high Courts be set and holden in the County of Midlesex § 1. N. 2. continually during all the four times of the Term by which time of Term the Commons Inhabiting in and of the same County must attend from time to time to Enquire of all the Articles to the said Courts belonging as Reason and Law requireth and that presently after every of the said Terms ended the said Iustices of the said County do sit and hold their Sessions in the same County as they ought to do by force of the said Statute viz. 12 R. 2. Cap. 10. § 1. N. 2. more to avoid the said Penalty than for any other necessary thing there to be required at which Sessions they cause to come before them a great part of the Inhabitants and Commons of the said County of Midlesex to enquire of all manner of things as to them is given in charge and by that means they be charged and vexed throughout all the year as well out of the time of Term as in the time of Term so that they have no rest nor time to do their Husbandry and their Labour to get their Living in any wise to their utter undoing if they be not releived in this behalf § 1. N. 3. Therefore the same our Lord the King willing in this case to provide for them a Remedy hath Ordained by the Advise and Assent aforesaid Peace and at the Request of the said Commons of the Realm that the Iustices of Peace which now be and all other hereafter for the time being in the said County of Midlesex shall be clearly discharged of the said Penalty by Authority of the same Parliament from henceforth the Court of Kings Bench being set in the said County of Midlesex § 1. N. 4. Provided always that the said Iustices of Peace of the said County of Midlesex for the time being keep Force observe and execute the Court of the Sessions of the Peace two times in the year at least and more often if need be for any Riot or forcible Entry made within the same County of Midlesex and that upon the Pain and Forfeiture of such Sums as be for that ordained by any Law made before this time to the end and intent that the said Commons and Inhabitants of the said County of Midlesex be not enforced nor compelled to appear before the Iustices of Peace of the same County for the time being but at such time which shall seem by the Discretion of the same Iustices of Peace necessary and behoofeful 25 Ed 3. Cap. 8. 36 Ed. 3. Cap. 12. 12 R. 2. Cap. 10. § 1. N. 2. 2 H. 5. Cap. 4. § 2. N. 2. 18 H. 6 cap. 11. Item Whereas by Statutes viz. 1 E 3. Cap. 16. § 1. N. 2. Justices 18 E. 3. St. 2. Cap. 2. 13 R. 2. Cap. 7. 17 R. 2. Cap. 10. § N. 2. made in the time of the Kings noble Progenitors it was Ordained that in every County of England Iustices should be Assigned of the most worthy of the same Counties to keep the Peace and to do other things as in the same Statutes fully is contained which Statutes notwithstanding now of late in many Counties of England the greatest number have been Deputed and Assigned which before this time were not wont to be whereof some be of small Behaviour by whom the People will not be Governed nor Ruled and some for their necessity do great Extortion and Oppression upon the People whereof great Inconveniences be likely to rise daily if the King thereof do not provide Remedy § 1. N. 2. The King willing against such Inconveniences to provide Remedy Ability hath Ordained and Established by Authority aforesaid that no Iustices of Peace within the Realm of England in any County shall be Assigned or Deputed if he have not Lands and Tenements to the value of 20 l. by year § 1. N. 3. And if any be Ordained hereafter to be Iustices of Peace in any County which hath not Lands or Tenements to the value aforesaid Justices that he thereof shall give knowledge to the Chancellor of England for the time being which shall put another Sufficient in his place § 1. N. 4. And if he give not the said knowledge as before Notice within a Month after that he hath notice of such Commission or if he sit or make any Warrant or Precept by force of such Commission he shall incur the Penalty of 20 l. and nevertheless be put out of the Commission as before § 1. N. 5. And the King shall have one half of the said Penalty Forfeiture and he that will sue for the King the other half and he that will sue for the King and for himself shall have an Action to demand the same Penalty by Writ of Debt at the Common Law § 2. N. 1. Provided always that this Ordinance shall not extend to Cities Corporation Towns or Boroughs which be Counties Incorporate of themselves nor to Cities Towns or Boroughs which have Iustices of Peace of Persons dwelling in the same by Commission or Warrant of the King or of his Progenitors Ability Provided also § 2. N. 2. that if there be not sufficient Persons having Lands and Tenements to the value aforesaid learned in the Law and of good Governance within any such County that the Chancellor of England for
editi Et quod I.S. de C. predict ' in Com. E. predict Labourer tres aliae presonae ignot ' dicto 2 die Septemb ' Anno supradict ' dictum communem locum usitaverunt ac tunc ibidem cum Globis Anglice vocat Bowls insimul illicite Inserunt contra form ' Statut ' pred' c. LXXXIX West Symb. 2. part 155. Sect. 339. An Indictment of Misrule c. infra 91. Juratores pro Dom ' Rege super Sacramentum suum presentant quod T. E. de Essex ss c. in domo sua continue recepit hospitavit supportat vagabond ' meretrices alios diversos homines ociosos suspect ' malae conversationis continue custodivit malam regulam Gubernationem in domo suo ad grave nocumentum perturbationem omnium vicinorum suorum ac contra formam diversorum Statut ' c. ac contra paecem c. XC West Symb. 2. part 15. 7. b. Sect. 355. An Indictment of disorders c. Juratores pro Dom. Rege super Sacramentum suum presentant quod A. B. de C. c. est communis Tiplator â—ervisiae communis Barrectator pacis Dom ' Regis perturbator custodit manutenet quotidie noctanter in domo sua apud c. diversas personas suspect tam Homines quam Mulieres Vagabond ' ibidem bibentes jurantes ludentes ad luda illicita Essex ss viz. apud Cards and Dice in noctibus post horas debitas legitimas qui vigilant in nocte dormiunt in die nec non habet fidem opinionem contra fidem Dei hec verba dixit 2 Septemb. Anno apud c. in his Anglicanis verbis sequent ' God never took Flesh nor Blood of our Lady in presentia D. E. F. G. aliorum ligeorum dicti domini Regis in malum exemplum magnum nocumentum omnium aliorum ligeorum dicti Dom. Regis Coron ' dignitat ' suas XCI Practick Precedents 135. An Indictment for keeping a disordered Ale-house supra 89. Juratores pro Dom ' Rege super Sacramentum suum presentant quod G. R. Midd. ss nuper de A. in parochia de Islington in Com' M. pred Yeoman 2 die Julij Anno Regni c. diversis aliis diebus ac vicibus tam antea quam postea apud parochiam pred in com' pred' custodivit manutenuit adhuc custodit manutenet quam dam demum tiplatorium malegubernat ' inordinat ' Anglice vocat a common disordered Ale-house in eadem domo ad tunc ibidem permisit diversas personas otiosas male dispositas Juratoribus pred' ignot ' diversis temporibus tam per noctem quam per diem esse remanere tiplantes bibentes se malegerentes ad magnam inquietatem perturbationem omnium ligeorum subditorum dicti Dom ' Regis ibidem inhabitant ' in contempt ' Legum Angliae in malum exemplum omnium aliorum in hujusmodi casu delilnquentium ac contra pacem dicti Dommini Regis nunc Coronam dignitatem suas XCII Practick Precedents 89 90. An Indictment against a common Drunkard Juratores pro Dom ' Rege super Sacramentum suum presentant quod A. B. nuper de C. in Com' pred' Yeoman 10 die Midd. ss c. Anno Regni c. continue multis aliis diebus vicibus tam antea quam post predict diem c. Anno c. supradict ' apud C. predict ' in Com' predict ' alibi in diversis aliis locis infra Com' pred' fuit adhuc est communis poculator Anglice vocat ' a common Drunkard communis perturbator pacis dicti Dom ' Regis in malum exemplum fidelium subditorum dict' Dom ' Regis nunc contra pacem dicti Dom ' Regis Coronam Dignitatem suas c. Alien Allegiance Denizen Foreigner Strangers Peace I. DAlt. 164. cap. 68. An Alien born who is made a Denizen may have his surety of the Peace and so of an Alien born who liveth in England under the King's Protection although he be not made Denizen because Cromp. J. P. 134. b. it 's Felony to kill him Lamb. 2. cap. 2. page 80. War II. Dalt 164 165. cap. 68. And so of an Alien whose King is in League with our King or if there be no Wars between this Realm and that Realm whereof the Alien is for by the Common-Law all these may get and have within this Realm any personal Goods and sue for the same and so have the benefit of the King's Laws and Protection But an Alien who is the King's Enemy viz. where there is open War between our King and his King shall not have this surety granted to him nor any other benefit of the King's Laws Dyer 2. 7. Co. 16 17 c. Calvin's Case Cromp. J. P. 134. a. b. such Enemy may be killed Apprentice III. If an Alien born serve seven years as an Apprentice in England Query If he be within 5 Eliz. 4. § 31. N. 1. to set up his Trade see 1 R. 3. 9. § 9. 21 H. 8. 16. Merchant IV. 9 Ed. 3. Alien or Denizen Merchant except the King's Enemies may buy and sell where they will within Franchises or without 14 Ed. 3. 2. 2 L Ed. 3. St. 2. cap. 2. 5 H. 4. 7. Alms-houses see Poor Amerciaments Fines Forfeitures Contempts Affearment Estreats Force I. LAmb. 2. cap. 4. page 159. Touching the assessment of the Fines or Ransoms upon the Offenders so convicted by the Record of the Justice of Peace on 8 H. 6. 9. § N. of forcible entry and by his Warrant sent to the Gaol some men do think that the same Justice hath sufficient authority to put them to their Fines and upon Pledges found for the payment thereof to deliver them out of Prison again when he by his discretion shall think good for as they say he is only appointed Judge over this Offence and only hath the custody of that Record and knoweth best both how to moderate the Imprisonment and to rate the Fine according to the quantity of their Trespass and Offence and as he is bound by his Oath and Duty in their opinion to estreat all Issues and Amerciaments growing to the King by his enquiry so ought he also to estreat and send this into the Exchequer that from thence the Sheriff may be commanded to levy it to His Majesties behoof But granting this to be true yet to avoid all peril of dashing against the Rock of Doubt I think it the better course to refer this over also to the Kings Bench c. Justices II. Lamb. 3. cap. 2. page 355. Two Justices of the Peace whereof one to be of the Quorum appoinred by the Custos Rotulorum or by the eldest of the Quorum in his absence are to oversee and controul the Sheriffs
Exemplification to him directed to be delivered to the Iustices of the Peace in his County named of the Quorum or to one of them to remain with such Iustices which be or shall be for the better putting of the foresaid Statutes and Ordinances in due Execution Sheriffs And in Shires where divers Commissions of the Peace be made § 1. N. 5 there shall be so many Exemplifications of the Statutes and Ordinances aforesaid made as be Commissioners of the Peace in the same Shires and sent to the Sheriffs to make Proclamation and to deliver the same as is aforesaid Justices And that the Iustices of Peace in every Shire named of the Quorum § 2. N. 1. be resident within the same Shire except Lords named in the Commission of the Peace and also except Iustices of the one Bench and of the other the cheif Baron of the Exchequer Serjeants at the Law and the Kings Atturney be attending and occupyed in the Kings Courts or otherwise in some other place occupyed in the Kings Service Days And make their Sessions four times by the year § 2. N. 2. that is to say in the first week after the Feast of St. Michael and in the first week after the Epiphany and in the first week after the Clause of Easter and in the first week after the Translation of St. Thomas the Martyr and more often if need be 36 Ed. 3. Cap. 12. and 25 Ed. 3. Cap. 8. and 14 H. 6. Cap. 4. § 1. N. 4. And that the same Iustices hold their Sessions throughout the Realm of England in the same weeks every year from henceforth 12 Rich. 2. § 2. N. 3. Cap. 10. § 1. N. 2. Apprentice And also the Iustices of Peace from henceforth have power to Examin § 2. N. 4. as well all manner of Labourers Servants and their Masters as Artificers by their Oaths of all things by them done contrary to their 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 Enquest Sheriffs And that the Sheriff in every Shire of the Realm of England § 2. N. 5. shall do well and duly his Office in this behalf upon pain to loose and to forfeit to our Lord the King twenty pounds Religion And moreover that the Iustices of the Kings Bench Cap. 7. § 1. N. 9. and Iustices of the Peace and Iustices of Assise have full power to enquire of all them which hold any Errors or Heresies as Lollards and which be their Maintainers Favourers and Sustainers Comon-writers of such Books as well of the Sermons as of their Schools Conventicles Congregations and Confederacies and that this Clause be put in Commssions of the Iustices of the Peace Riot Item Cap. 8. Whereas it is contained in the Statute made the thirteenth year of the noble King Henry Father to our Lord the King that now is viz. 13 H 4. Cap. 7 amongst other things that if any Riot Assembly or Rout of people against the Law be made in any part of the Realm then the Iustices of the Peace three or two of them at the least and the Sheriff or under Sheriff of the County where such Riot Assembly or Rout shall be made hereafter should come with the power of the said County if need were to arrest them and them should arrest 19. H. 7. Cap. 13. § 1. N. 2. And viz. 13 H. 4. Cap. 7. § 1. N. 2. the same Iustices Record Sheriffs or under Sheriffs should have power to record that which they find so done in their presence against the Law and viz. 13 H. 4. Cap. 7. § 1. N. 2. that by Record of the same Iustices Sheriff or under Sheriff such Trespassers or Offenders should be Convict in manner and form as is contained in the Statute of forcible entries 19 H. 7. Cap. 13. § 1. N. 2. 3. § 1. N. 3. And viz. 13 H. 4. Cap. 7. § 1. N. 4. Enquest if it happen that such Trespassers or Offenders were departed before the coming of the Iustices Sheriff or under Sheriff that the same Iustices three or two of them shall diligently enquire within a month after such Riot Assembly or Rout of people so made and the same hear and determin according to the Law of the Land § 1. N. 4. And viz. 13 H. 4. Cap. 7. § 2. Certificat N. 1 if the truth could not be found in manner as afore is said within a month then next ensuing the said Iustices three or two of them and the Sheriff or under Sheriff shall certifie before the King and his Counsel the Deed and circumstance of the same viz. 13 H. 4. Cap. 7. § 2. N. 2. which Certificat shall be of like force as the Presentment of twelve men upon which Certificat the said Trespassers and Offenders shall be put to Answer § 1. N. 5. And viz. 13 H. 4. Cap. 7. § 2. N 2. Judgement they which be found guilty should be punished according to the discretion of the King and his Counsel § 1. N. 6. And viz. 13. H. 4. Cap. 7. § 4. N. 1. Justices moreover that the Iustices of Peace dwelling neerest in every County where such Rout Assembly and Riot of people should be made hereafter together with the Sheriff or under Sheriff of the same Counties and also the Iustices of Assise for the time that they shall be in their Sessions in case that any such Riot Assembly or Rout be made in their presence shall make Execution of this Statute every one of them upon pain of 100 l. to be paid to the King as often as they shall be found in default of Execution of the same Statute § 1. N. 7. And forasmuch as many Riots Routs Process and Assemblies have been made in divers parts of the Realm since the making and proclamation of the same Statute viz. 13. H. 4. Cap. 7. because that the same Statute hath not been put in due Execution as our Soveraign Lord the King perceived by divers and grievous complaints to him made in this present Parliament § 1. N. 8. The same our Lord the King willing hereof to provide a better remedy Riot by the advice and assent aforesaid and at the suit of the said Commons hath ordained and established that if default be found in the said two Iustices of the Peace or Iustices of Assise and the Sheriff or under Sheriff of the County where such Riot Assembly or Rout shall be made touching the Execution that they ought to make by Virtue of the said Statute viz. 13. H. 4. Cap. 7. and whereof the said Statute maketh mention that then at the instance of the party greived the Kings Commission shall go out under his great Seal to enquire as well of the truth of the Case and of the Original matter
for the party Complainant as of the Default or Defaults of the said Iustices Sheriff or under Sheriff in this behalf supposed to be directed to sufficient and indifferent persons at the nomination and by the direction of the Chancellor of the Realm of England § 1. N. 9. And that the said Commissioners presently shall return into the Chancery the Enquests and matters before them Return in this behalf taken and found § 1. N. 10. And moreover that the Coroners of the same County for the time being Enquest in which Country such Riot Assembly and Rout shall be made shall make the Pannel upon the said Commission returnable for the time that the Sheriff so supposed in default shall continue in his Office Enquest Which Coroners shall return no persons § 1. N. 11. but only such which have Lands Tenements or Rents to the value of ten pounds by the year at least Coron And also that the same Coroners shall return upon every of the said persons impanelled at the first day when Issues be to be left 20 s. at least § 1. N. 12. and at the second day 40 s. at least and at the third day 100 s at least and at every day after the double at the least which Issues so returned in respect of nonappearances of such persons Impanelled shall be adjudged as forfeit to the King and Lyable to his use Return And if default be found in the said Coroners § 1. N. 13. touching the returne of such persons to be Impanelled or touching the return of such Issues as afore is said that every of them shall forfeit to the Kings use Forty pounds Sheriff And if it happen the said Sheriff so reputed in default § 1. N. 14. be discharged of his Office at the time that such Commission shall be awarded out of the Chancery that then the new Sheriff of the same County his Successor mediat or immediat for the time being and not the Coroners of the same County shall make the Pannel upon this Commission retornable in manner and form as the said Coroners should do in time when the Sheriff so reputed in default Continued in his Office Sheriff And that the same new Sheriff § 1. N. 15. shall incur like pain of Forty pounds to the King if any default in him be found touching the returne of other person by him Impannelled which have not Lands Tenements or Rents to the valve of Ten pounds by the Year or of returning such Issues which the Coroners be above charged to return as the said Coroners are to lose to the King in this behalf Chancery And that the Chancellour of England § 1. N. 16. for the time being as soon as he may have knowledge of such Riot Assembly or Rout shall cause to be sent the Kings Writ to the Iustices of the Peace and to the Sheriff or under Sheriff of the County where they be so made that they shall put the Statute viz. 13 H. 4. Cap. 7. in Execution upon the pain Contained in the same Execution And though that such Writ come not to the said Iustices § 1. N. 17. Sheriff or under Sheriff they shall not be excused of the pain aforesaid if they make not Execution of the said Statute viz. 13. H. 4. Cap. 7. Fees Provided alwayes that the said Iustices § 2. N. 1. and other Officers aforesaid shall execute their offices aforesaid at the Kings costs in going and Continuing in doing their said Offices by payment thereof to be made by the Sheriff of the same County for the time being by Indenture betwixt the Sheriff and the said Iustices and other Officers aforesaid to be made of the payment aforesaid whereof the said Sheriff upon his account in the Exchequer may have due allowance Riot And that such Rioters attainted of great and hainous Riots shall have one whole years Imprisonment at the least without being let out of Prison by Bayl Mainprise or in other manner § 2. N. 2. during the year aforesaid Imprisonment And that the Rioters attainted of pety Riots § 2. N. 3. shall have Imprisonment as best shall seem meet to the King or to his Counsel Americament And that the Fines of such Rioters attainted § 2. N. 4. shall be by the said Iustices increased and put to greater sums then they were wont to be put in such cases before the time in aid and Supportation of the Iustices and other Officers aforesaid in this behalf Process And that the Kings Leige people being sufficient to Travel in the County where such Routs Assemblies or Riots be § 2. N. 5. shall be Assistant to the Iustices Commissioners and Sheriff or under Sheriff in aid to resist such Riots Routs and Assemblies upon pain of Imprisonment and to make Fine and Ransom to the King Franchise And that the Bayliffs of Franchises shall cause to be Impannelled sufficient persons as before § 2. N. 6. upon pain to loose to the King Forty pounds in case that such sufficient persons may be found within the same Franchises § 2. N. 7. And that like Ordinances and payments shall hold place and take effect in Cities Burroughs and other places and Towns Corporation Infranchised which have Iustices of the Peace within the Cities Burroughs Towns and other places aforesaid § 2. N. 8. And that this Statute shall begin to hold place presently after the Proclamation thereof made Dayes Cap. 9. § 2. N. 1. Provided alwayes that the suggestions of such Riots viz. by persons fled to places unknown be testified to the Chancellor of England Riot by Letters sealed under the Seals of two Iustices of Peace at the least and the Sheriff of the County where such Riots shall be made before that the Writ of Capias be granted 8 H. 6. Cap. 14. § 2. N. 1. 2 H. 5. St. 2. p. 217. Our Lord the King at his Parliament holden at Westminster the Monday next after the Utas of St. Martin the second year of his Reign Parliament by the Advice and Assent of the Lords Spiritual and Temporal and at the special Instance and request of the Commons of his Realm then there Assembled hath ordained and established divers Ordinances and Statutes in the manner and form as followeth Cap. 1. First Justices that the Iustices of the Peace from henceforth to be made within the Counties of England shall be made of most sufficient persons dwelling in the same Counties by the advice of the Chancellor and of the Kings Counsel without taking other persons dwelling in Forraign Counties to execute such Office except the Lords and the Iustices of Assises now named and to be named by the King and his Counsel and except all the Kings cheif Stewards of the Lands and Seigniories of the Dutchy of Lancaster in the North parts and in the
their Letters Patents have given and granted any Liberty and Authority or otherwise have Authority by other lawful means or ways to ordain make and constitute any of the said Officers of Custos Rotulorum or Clerk of the Peace within any County Palatine or other place and may have and enjoy the same Liberty and Authority according as they have enjoyed the same any thing in this present Act had or made to the contrary notwithstanding Parliament Where in the Parliament begun at Westminster the sixteenth day of January in the three and thirtieth year of the Kings Majesties Reign Cap 7. viz. 33 H. 8. Cap. 10. § 1. N. 3. it was Enacted amongst other things that all and singular Iustices of the Peace within any Shire City Borough or place within this Realm of England Wales or any other the Kings Dominions should yearly at the general Sessions of the Peace to be holden next after the Feast of Easter assemble themselves together that is to say every number of them within the limits of their Commissions wherein they be named Iustices of the Peace c. Justices And forasmuch as the Kings most loving Subjects are much Travailed and otherwise Incumbred § 2. N. 1. in comming and keeping of the said six weeks Sessions to their Costs Charges and Vnquietness Be it therefore Enacted by the King our Soveraign Lord § 2. N. 2. with the Assent of the Lords Spiritual and Temporal and the Commons of this present Parliament assembled and by the Authority of the same that the said former Act made in the said three and thirtieth year of the Kings Majesties Reign viz. 33 H. 8. Cap. 10. and all Ordinances Articles Provisions and things therein contained shall be from henceforth repealed Inquest annulled and utterly voyd and of none effect to all Intents Constructions and Purposes § 2. N. 3. And that all and every Article therein contained viz. in 33 H. 8. Cap. 10. Justices shall be by vertue hereof inquired of before all Iustices of Peace at their August Quarter Sessions § 2. N. 4. And that the same Iustices of Peace at their said Quarter Sessions shall have like Power and Authority by vertue hereof to punish and reform all and every such Offence and Offences in like manner and form as they might have done by vertue of the said former Act made in the said three and thirtieth year of the Kings Reign viz. 33 H. 8. Cap. 10. Statuta Edw. 6. Religion AND for full and effectual Execution of c. this Act 1 Ed. 6. C. 1. § 1 N. 7. viz. against Reviling the Sacrament c. be it furthermore Enacted c. that c. the Iustices of Peace or three of them at the least whereof one of them to be of the Quorum in every Shire of this Realm and Wales and all other places within the Kings Dominions shall have full Power c. as well to take Information and Accusation by the Oaths and Depositions of two able honest and lawful persons at the least Days And after such Accusation or Information so had § 1. N. 8. to inquire by the Oaths of twelve men in every their four Quarter Sessions yearly to be holden of all and singular such Accusations or Informations to be had or made of any of the Offences abovesaid c. within the limits of their Commission Indictment And that upon every such Accusation and Information the Offender § 1. N. 9. c. shall be inquired of and indicted before the said Iustices of Peace or three of them at the least c. of the said Contempts and Offences by the Verdict of twelve honest and indifferent men if the matter of the said Accusation and Information shall seem to the said Iury good and true Justices And it is also further Enacted § 2. N. 1. c. that the said Iustices of Peace or three of them at the least c. before whom any such Presentment Information and Accusation shall be made or taken c. shall examin the Accusers what other Witnesses were by and present at the time of the doing and committing of the Offence c. and how many others than the Accusers have knowledge thereof â—ecogniâ—â—nce And shall have Power c. by their discretions § 2. N. 2. to bind by Recognizance to be taken before them as well the said Accusers as all such other persons whom the said Accusers shall declare to have knowledge of the Offences by them presented and informed every of them in five pounds to the King to appear before the said Iustices of the Peace before whom the Offender c. shall be tryed at the day of the tryal and deliverance of such Offenders § 3. N. 1. And it is further Enacted Process c. that the said Iustices of Peace or three of them at the least c. shall have full Power c. to make Process against every person and persons so Indicted by two Capias and an Exigent and by Capias Utlagatum as well within the limits of their Commission as into all other Shires and Places of this Realm Wales and other the Kings Dominions as well within Liberties as without c. § 3. N. 2. And upon the Appearance of any of the Offenders shall have full power Religion c. to determin the Contempts and Offences aforesaid viz. in reviling the Sacrament c. According to the Laws of this Realm and the effects of this Act. § 3. N. 3. And that the said Iustices c. or three c. at the least Bayl. c. shall have full Power c. to let any such person c. so Indicted upon sufficient Sureties by their discretions to Bail for their appearance to be tryed c. § 4. N. 1. Provided always and be it Enacted Ordinary that the said Iustices of the Peace or three of them at the least at their Quarter Sessions where any Offender c. shall be c. Indicted c. shall direct and award one Writ in the Kings Name to the Bishop of the Diocess wherein the said Offences c. are supposed to be committed or done willing and requiring the said Bishop to be in his own person or by his Chancellor or other his sufficient Deputy learned at the Quarter Sessions in the said County to be holden when and where the said Offender shall be arraigned and tryed appointing to them in the said Writ the Day and Place of the said Arraignment C. 5. § 2. N. 1. And be it further Enacted c. that it shall be lawful Merchants c. to all and every the Kings Iustices of Peace in every Shire as well in England as in Wales in their Quarter Sessions to inquire of all and every Offence or Offences hereafter to be perpetrated committed or done contrary to this Act viz. In conveying Horses
together in forcible manner unlawfully and of their own Authority to the intent to do exercise or put in ure any of the things above mentioned or to do any other Trayterous Felonies or Rebellions Act or Acts and so shall continue by the space of two hours that then every person so being willingly assembled in forcible manner and so continuing by the space of two hours shall be adjudged a Traytor to the King and to the Realm and shall suffer Execution of Death as in Case of High-Treason 1 Mar. 1. St. 2. C. 12 §20 N 1. Bar. Fem. And also that if any Wife or Servant of any of the same persons § 5. N. 1. or any other person whatsoever shall willingly and without Compulsion bring send deliver or convey any Mony Harness Artillery Weapon Meat Bread Drink or other Victual to any person or persons so being assembled as is aforesaid during such time as he or they shall so be assembled or be together as is aforesaid that then every Wife Servant or other person so bringing sending delivering or conveying any Mony Harness Artillery Weapon Meat Bread Drink or Victual to the same persons so being assembled together in forcible manner or to any of them shall be adjudged a Traytor to the King and to the Realm and shall suffer Execution of Death as in Case of High-Treason 1 Mar. 1. St. 2. Cap. 12. § 4. N. 1. Forfeiture And furthermore it is Ordained and Enacted by the Authority above said § 6. N. 1. that every person that at any time hereafter shall be attainted of or for any of the Treasons or Treason above mentioned shall upon his said Attainder forfeit his Goods and Cattels Interests for term of Life and of years Lands Tenements and other Hereditaments in like manner and form as any person attainted for Felony only should or ought to forfeit by the Common Laws of this Realm and not otherwise that is to say the King to have the year and day and wast of such Lands and Tenements wherof any person so attainted shall at the time of the Treason committed or at any time after have an Estate of Fee-Simple and also the Goods and Cattels real and personal Franchise And that the Lords of whom the said Lands and Tenements or any part thereof shall be holden § 6. N. 2. to have and enjoy the Lands or Tenements holden of him or them for ever in such the same manner and form as in Cases of Attainder of Felony at the Common-Law Tayl. And that every person that at any time hereafter shall be attainted of any of the Treasons aforesaid § 6. N. 3. shall forfeit the Lands and Tenements and other Hereditaments whereof he shall be seised of any Estate in Tayl or for term of Life or Lives at the time of any such Treason committed or at any time after during his Life only and no longer unless the person so attainted shall be thereof seised in his demean as of Fee at the time of the said Treason committed or at any time after Heir And that after the decease of the same person so attainted § 6. N. 4. all and singular such person and persons as should have had and enjoyed such Lands Tenements and other Hereditaments as any person that at any time hereafter shall be attainted of or for any Treason above specified shall fortune to be seised of any Estate in Tayl or for term of Life at the time of any such Treason committed or at any time after shall after the death of the same person that so shall fortune to be attainted have and enjoy the said Lands Tenements and other Hereditaments in like manner and form as though no such Attainder had been had any Law or Vsage to the contrary in any wise notwithstanding Riot And furthermore it is Ordained and Enacted by the Authority abovesaid § 7. N. 1 that if any persons above the number of two and under the number of twelve being assembled together at any time after the said twelfth day of February shall intend go about practice or put in ure with force of Arms unlawfully and of their own authority to murder kill or slay any of the Kings Majesties Subjects or to overthrow cut break cast down or dig up the Pales Hedges Ditches Wall or other Closure of any Parks Park or other Ground inclosed or the Bank of any Fish-Pond or Pool to the intent that the same or any of them from henceforth should remain open not inclosed or void or to have Common or Way in the same Parks Park or other Grounds or Ground inclosed or any of them or to destroy any manner of Parks or Park or Fish-Pond or Pool or any Warrens or Warren of Connies or any Dove-houses or to pull or cut down any House Barn Mill or to burn any Stacks of Corn or Grain or alter defalk or abate the Rents or yearly Value of any Mannors Lands or Tenements of any of the Kings Subjects or the price of any Victual Corn or Grain or any other things usual for the Sustenance or Apparel of Men and being required or commanded by any Iustice of the Peace or the Sheriff of the County or by any Mayor Bailiffs or Bailiff or other Head-Officer of any City or Town-Corporate where such Assembly shall be had by Proclamation to be made in the Kings Name to retire or return to their Habitations Places or Houses and they so required by such Proclamation shall not so do but after that shall in forcible manner in form aforesaid attempt to do or put in ure any of the things last above mentioned that then every of the same persons being above the number of two and under the number of twelve shall suffer Imprisonment of his or their bodies by the space of one year without Bail or Mainprise 1 Mar. 1. St. 2. Cap. 12. § 5. N. 1. § 7. N. 2. And shall make Fine and Ransom at the Kings Will and Pleasure Amercement § 7. N. 3. And also that if any person or persons at any time after the twelfth day of February shall be damnified or hurt by the doing Damages committing or putting in ure of any unlawful act or thing above mentioned that then all and singular persons so damnified or hurt shall recover and have Damages with the Costs of their Suit sustained in that behalf trebled against the Offenders therein 1 Mar. 1. St. 2. Cap. 12. § 6. N. 1. § 8. N. 1. And forasmuch as such evil disposed persons which of late time made Commotions and Rebellion in certain places within this Realm War being but few in number at such time as they did begin the same Commotion were not in short time after the beginning thereof suppressed by strength for that the Kings loving Subjects for fear to incur the danger of the Laws of this Realm durst not take upon them so to do a greater
2. Cap. 12. § 17. N. 1. Forfeiture Saving also to all and every person and persons and Heirs in Tail Bodies Politick and Corporate their Heirs § 15 N. 4. Successors and Executors and to every of them other than to such person and persons only as shall be attainted convicted or outlawed for any of the aforesaid Offences of Felony or Treason and their Heirs or the Heirs of any of them claiming by descent in Fee-simple from them or any of them all such Right Title Entry Interest Leases Possessions Rents Conditions Profits Commodities and Advantages as they or any of them hath or hereafter shall have or of right ought to have in or to any Honours Castles Mannors Lands Tenements Woods Rents Reversions Services or Hereditaments whatsoever or in or to any part or parcel thereof to be forfeited for any of the Offences aforesaid as if such attainder or Forfeiture had never been had ne made any thing in this Act to the contrary in any wise notwithstanding Corporation And Saving to every Body and Bodies Politick and Corporate § 15. N. 5. and their Successors their Liberties and Franchises in such manner and form as if this Act had never been had ne made 1 Mar. 1. St. 2. Cap. 12. § 18. N. 1. Days This Act to continue to the end of the next Parliament 1 Mar. 1. St. 2. § 15. N. 6. Cap. 12. § 23. N. 1. Pope And for better Execution of the same Act C. 10. § 4. N. 1. viz. of destroying Popish Books and Images be it Enacted c. that as well Iustices of Assize in their Circuits as Iustices of Peace within the limits of their Commission in the general Sessions shall have full Power and Authority to inquire of the Offences aforesaid and to hear and determin the same in such form as they may do in other such like Cases Religion And c. it is now further Enacted that if any person c. shall 5 6 Ed. 6. C. 1. § 6. N. 1. c. willingly or wittingly hear and be present at any other manner or form of Common-prayer or Administration of the Sacraments of making of Ministers in the Churches or of any other Rights contained in that Book anexed to this Act viz. 3 4 Ed. 6. Cap. 12. than is mentioned and set forth in the said Book or is contrary to the form of sundry Provisions c. 2 3 Ed. 6. Cap. 1. and shall be thereof convicted according to the Laws of this Realm before c. Iustices of Peace in their Sessions c by the Verdict of twelve men or by his or their own Confession or otherwise shall for the first Offence suffer Imprisonment of six Months c. C. 4. § 3. N. 1. And also it is Enacted c. that if any person Church c. shall malitiously strike any Person with any Weapon in any Church or Church-Yard or c. shall draw any Weapon in any Church or Church-Yard to the intent to strike another with the same Weapon that then every such person so offending and thereof being convicted by verdict of twelve men or by his own confession or by two lawful Witnesses before the Iustices of Assize Iustices of Oyer and Terminer or Iustices of Peace in their Sessions by force of this Act shall be adjudged by the same Iustices before whom such person shall be convicted to have one of his Ears cut off C. 14. § 10. N. 1. Be it also further Enacted c. that the Iustices of Peace in every County within this Realm or Wales at their Quarter Sessions Market Overt shall have full Power c. to inquire hear and determin all and every the Defaults and Offences perpetrated c. contrary to this Act viz. of Forestalling Regrating c. within the County where any such Sessions shall be kept by Inquisition Presentment Bill or Information before them exhibited and by Examination of two lawful Witnesses or by any of the same ways or means by the discretion of the said Iustices §. 10. N. 2. And to make Process thereupon as though they were Indicted before them Process by Inquisition or by Verdict of twelve men or more § 10. N. 3. And upon the Conviction of the Offender by Information or Suit of any other than the King Execution to make Extracts of the one Moity of the Forfeitures to be levyed to the Kings Vse as they use to do of other Fines Issues and Amercements grown in the Sessions of the Peace § 10. N. 4. And to award Execution of the other Moity for the Complainant or Informer against the Offender by Fieri fa. or Capias as the Kings Iustices at Westminster may do and use to do Forfeiture § 10. N. 5. And if any such Conviction or Attainder shall hereafter happen to be at the Kings Suit only that then the whole Forfeitures to be extracted and levyed to the Kings use only Indictment § 17 N. 1. Provided always that such Licence of Iustices of Peace Licence viz. of Drover c. shall not endure above one year unless the same be yearly renewed by so many Iustices Viz. three at the least C. 21. § 1. N. 3. And that viz. Tinkers Pedlers c. by Licence only to sell Market Overt c. in such Circuit or Compass as shall be to him c. assigned by two Iustices of the Peace or more of the Shire where he or they shall dwell by Writing under their Hands and Seals 1 Jac. 25. § 42. N. 1. § 1. N. 4. Vpon Pain that every person which shall offend Poor c. shall by any Iustice of Peace where the same shall be committed upon Complaint and due Proof had by Witness or otherwise be imprisoned by the space of fourteen days at the least C. 24. § 5. N. 1. And be it further Enacted c. that if the Mayor Recorder Drapery Steward or viz. two Iustices of the Peace of the said City viz. Norwich for the time being or any of them shall take any Sum of Mony or Reward for admitting of any person to occupy or use any of the Arts or Mysteries c. viz. of making Thrummed Hats Dornicks or Coverletts that for every such Time and every such Case the person so offending shall forfeit five Pounds c. Cap. 25. It is therefore Enacted c viz. for Increase of Disorders Ale c. that the Iustices of Peace within every Shire City Borough Town-Corporate Franchise or Liberty within this Realm or two of them at the least whereof one to be of the Quorum shall have full Power c. within every Shire c. where they be Iustices of Peace to remove discharge and put away common selling of Ale and Beer in the said common Ale houses and Tipling-houses in such Town c. and Places where
and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same that from and after the first day of April next coming no Iustice or Iustices of Peace shall let to Bail or Mainprize any such person or persons which for any Offence or Offences by them or any of them committed be declared not to be Replevised or Bailed or be forbidden to be replevised or Bailed by the Statute of Westminster 1 c. viz. 3 Ed. 1. Cap. 15. Coron And furthermore that any person or persons Arrested for Manslaughter or Felony § 3 N. 1 or Suspition of Manslaughter or Felony being Bailable by the Law shall not after the first day of April be let to Bail or Mainprize by any Iustices of Peace if it be not in open Sessions except it be by two Iustices of Peace at the least whereof one to be of the Quorum and the same Iustices to be present together at the time of the said Bailment or Mainprize § 3. N. 2. Which Bailment or Mainprize they shall certify in Writing Certificate subscribed or signed with their own Hands at the next general Goal-delivery to be holden within the County where the said person or persons shall be arrested or suspected § 4. N. 1. And that the said Iustices or one of them being of the Quorum Proof when any such Prisoner is brought before them for any Manslaughter or Felony before any Bailment or Mainprize shall take the Examination of the said Prisoner and Information of them that bring him of the Fact and Circumstances thereof and the same or as much thereof as shall be material to proove the Felony shall put in Writing before they make the same Bailment 2 3 Ph. Mar. Cap. 10. § 4. N. 2. Which said Examination together with the said Bailment Certificate the said Iustices shall certify at the next general Goal-delivery to be holden within the limits of their Commission 2 3 Ph. Mar. Cap. 10. § 1. N. 2. § 5. N. 1. And that every Coroner upon any Inquisition before him found whereby any person or persons shall be Indicted for Murder or Manslaughter Inquest or as Accessary or Accessaries to the same before the Murder or Manslaughter committed shall put in Writing the effect of the Evidence given to the Iury before him being material § 5. N. 2. And as well the said Iustices as the said Coroner Recognizance shall have Authority by this Act to bind all such by Recognizance or Obligation as do declare any thing material to proove the said Murder or Manslaughter Offences or Felonies or to be Accessary or Accessaries to the same as is aforesaid to appear at the next general Goal-delivery to be holden within the County City or Town-Corporate where the Tryal thereof shall be then and there to give Evidence against the Party so Indicted at the time of his Tryal 2 3 Ph. Mar. Cap. 10. § 2. N. 4. § 5. N. 3. And shall certify as well the same Evidence Certificate as such Bond or Bonds in Writing as he shall take together with the Inquisition or Indictment before him taken and found at or before the time of his said Tryal thereof to be had or made 2 3 Ph. Mar. Cap. 10. § 2. N. 5. § 5. N. 4 And likewise the said Iustices shall certify all and every such Bond taken before them Bail in like manner as before is said of Bailment and Examination § 5. N. 5. And in Case any Iustice of Peace of Quorum or Coroner Justices shall after the first day of April offend in any thing contrary to the true intent and meaning of this present Act that then the Iustices of Goal-delivery of the Shire City Town or Place where such Offence shall happen to be committed upon due Proof thereof by Examination before them shall for every such Offence set such Fine on every of the same Iustices of Peace and Coroner as the same Iustices of Goal-delivery shall think meet and estreat the same as other Fines and Amercements assessed before Iustices of Goal-delivery ought to be § 6. N. 1. Provided always Coporation and be it further Enacted by the Authority aforesaid that Iustices of Peace and Coroners within the City of London and the County of Middlesex and in other Cities Boroughs and Towns-Corporate within this Realm and Wales shall within their several Iurisdictions have Authority to let to Bail Felons and Prisoners in such manner and form as they have been heretofore accustomed this Act or any thing therin contained to the contrary notwithstanding § 6. N. 2. And also shall take Examinations and Bonds as is aforesaid Proof upon every Bailment by them or any of them to be made § 6. N. 3. And shall certify every such Bailments Certificate Bonds and Examinations by them or any of them taken or made at the next Goal-delivery to be holden within the Shire City Borough or Town where their several Iurisdictions extendeth upon like Pain and Forfeiture as is before limited in this present Act. § 7. N. 1 And be it also Enacted Certirorari c. that no Writs of Habeas Corpus or Certiorari shall be hereafter granted to remove any Prisoner out of any Goal or to remove any Recognizance except the same Writs be signed with the proper hands of the Chief Iustices or in his absense one of the Iustices of the Court out of which the same Writs shall be awarded or made Officer Vpon Pain § 7. N. 2. that he that writeth any such Writs not being signed as is aforesaid to forfeit to our Soveraign Lord the King and the Queen for every such Writs five pounds Riot Be it therefore Enacted c. viz. because good and beneficial that all C. 16. N. 15. c the several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12. c. of Riots and all Clauses c. shall be revived c. until the last day of the next Parliament 2 3 Ph. Mar Cap. 21. § 10. N. 2. Husbandry The one half of which said Forfeitures viz. twenty shillings a month 2 3 Ph. Mar. Cap. 3. § 3 N. 2◠that one Cow is not kept for every threescore Shere-sheep and one Calf for every six score shall be to the use of c. the King and Queens Majesties and the other half to the use of the Party that within one year after the Offence committed will sue for the same in any c. Courts of Record or before the Iustices of Peace in the same Shire where any such Cause of Forfeiture shall be had at the general Sessions who by Authority of this Act shall have Power to hear and determine the said Offences by Bill Information Presentment Action of Debt or Detinue in which Action or Suit no
Recusant Forfeiture c. which shall have any such Armor c. shall refuse to declare or manifest unto the said Iustices of Peace or any of them what Armor he she or they have or shall have or shall let hinder or disturb the delivery thereof to any of the said Iustices or to any other person c. Authorized by their Warrant to take and seize the same then every such person so offending contrary to this Statute in this behalf shall forfeit and lose to the Kings Majesty his Heirs and Successors his and their said Armor c. and shall also be Imprisoned by Warrant of or from any Iustices of Peace of such County by the space of three months without Bail or Mainprize C. 10. § 1. N. 2. Be it Enacted c. that all Imprisonment c. that c. shall be Committed to the Common or usual Goal within any County or Liberty within this Realm by any Iustice or Iustices of the Peace for any offence or misdemeanor to any such Goal that the said person c. so to be committed c. having means or ability thereunto shall bear their own reasonable charges for so conveying or sending them to the said Goal and the charges also of such as shall be appointed to Guard them to such Goal and shall so Guard them thither § 1. N. 3. And if any such person c. so to be committed Process c. shall refuse at the time of their commitment and sending to the said Goal to defray the said charges or shall not then pay or bear the same that then such Iustice or Iustices of the Peace shall and may by writing under his or their Hand and Seal or Hands and Seals give Warrant to the Constable c. of the Hundred or Constable or Tythingman of the Tything or Township where such person or persons shall be dwelling and Inhabit or from whence he or they shall be committed as aforesaid or where he or they shall have any Goods within the County or Liberty to sell such and so much of the Goods and Chattels of the said persons so to be committed as by the discretion of the said Iustice or Iustices of the Peace shall satisfie and pay the charges of such his or their conveying and sending to the said Goal the appraisement to be made by some of the honest Inhabitants of the Parish or Tything where such Goods or Chattels shall remain and be and the overplus of the mony which shall be made thereof to be delivered to the party to whom the said Gooods shall belong § 2. N 1. And be it further Enacted c. that if the said person Taxes c. so to be committed c. shall not have or be known to have any Goods or Chattels which may be sold for the purpose aforesaid within the County or Liberty that then an indifferent Tax or assessemement shall be made by the Constables and Church-wardens and two or three other the honest Inhabitants of the Parish Township or Tything where the said Offender c. shall be taken or apprehended the said Taxation being allowed under the hand of one or more Iustice or Iustices of the Peace if there be such Constables or Church-wardens there Inhabiting and in default of them by four of the principal Inhabitants of the said Parish Township or Tything where such Offenders shall be taken or apprehended § 2. N 2. And if any so Taxed or assessed Justices shall refuse to pay their said Taxation then the Iustice or Iustices by whom the said offenders shall be committed c. or any other Iustice of Peace near adjoyning shall and may give Warrant as aforesaid to the Constable Tythingman or other Officer there to distrain the Goods of any so assessed which shall refuse to pay the same and to sell the same C. 12. § 2. N. 3. The said forfeitures Fish viz. For Fishing within five Miles of Haven with Net under three Inches meash c. to be levyed c. by the Mayor Bailiff or other Head-Officer of every City Borough or Town Corporate and by Warrant of one or more Iustices of Peace c. C. 13. § 3. N. 1. And be it likewise Enacted Forest c. that the Iustices of Oyer and Terminer Iustices of Assize in their Circuits and Iustices of Peace and Goal delivery in their Sessions shall by vertue hereof have power and Authority to enquire hear and determine all and singular the said offences viz. Of breaking Grounds inclosed in the day or killing Deer or Connies in the night by Examination of the Offenders and to make and award Process thereupon as well upon Indictments taken before them as by Bill of Complaint Information or any other Action in which Suit or Action no Essoyn Wager of Law or Protection shall be allowed Damages And be it also Enacted § 4. N. 1. c. that it shall and may be lawful to the Party grieved to sue and take his further remedy against all and every such Offender c. viz. in breaking Grounds inclosed in the day or killing Deer or Conies in the night c. for his loss and damages and to recover the treble value of the same in that behalf as well before the Iustices of Oyer and Terminer Iustices of Assize in their Circuits and Iustices of Peace and Goal delivery in their Sessions or elsewhere in any other the Kings Majesties Courts of Record at Westminster Behavior And that upon true satisfaction of the said treble Damages to the Party grieved § 4. N. 2. or upon the Confession or Acknowledgement thereof by the said Party offending before the Iustices in open Sessions holden for the County wherein the same Offence shall be committed it shall be at the liberty of the said Party grieved to whom the said Offence shall be committed to release at his pleasure the Surety-ship of the Good-behavior at any time within the said seven years or before c. Release And be it further Enacted c. that if any § 6. N. 1. c. at any time hereafter shall fortune to be bound before any the Iustices before mentioned to the King his Heirs or Successors for his or their good abearing for seven years c. and the same Party so bound shall afterwards within the said seven years come before the Iustices of Peace of the said County where the Offence was committed or some of them in open Quarter Sessions and there in the said Sessions confess and acknowledge his or their said Offence c. and that he or they is or are sorry therefore and satisfie the Party or Parties grieved according to the tenor of this Act that then the same Iustices before whom the said Confession shall be so made shall and may have Power c. in the same open Sessions or in any other Sessions afterwards to be holden before the said
J. W. and R. P. Fsque two Justices of the Peace of our Sovereign c. in the County of B. Greeting Know ye That we the said Justices of good and credible report to us made as well by men of Worship as by other honest persons That J. W. of c. is a man meet to keep a common Alehouse in the House where he now dwelleth have licensed allowed and admitted and by these presents do license allow and admit the said J. W. to keep a common Alehouse or Tippling-house at M. aforesaid for one whole year next ensuing the date hereof so that the said J. W. suffer not any unlawful Games to be used within his said House nor any evil rule or order to be kept within the same during his time of the said License for the using of which License accordingly we do you to wit that we have bound the said J. W. and two other sufficient Sureties in a hundred Shillings a piece by Recognizance to the Queens Majesties use In witness c. Dalt 378. cap. 124. infra License LXVI Dalt 379. ibid. or thus J. C. and M. D. two Justices of the Peace of our Sovereign Lord c. To all Bailiffs Constables and other the Kings Majesties Officers Greeting Know ye That we the said Justices have licensed and by these presents do license J. W. of c. to keep a common Alehouse in L. aforesaid for one whole year next ensuing the date hereof and have bound the said J. W. by Recognizance with Sureties to the Kings Majesties use that he shall maintain good rule and further to do and behave himself therein in all things according to the Laws and Statutes of this Realm c. License Cambr. ss LXVII Dalt 379. or thus We whose Names are hereunto under-written Justices of Peace of our Sovereign Lord the King within the County of Cambridge do license and allow J. W. of L. aforesaid for and during one whole year next ensuing the dâ—te hereof so as he doth not sufier any unlawful Games to be used in his House nor any evil rule to be kept there but do behave himself therein according to the Laws and Statutes of this Realm in that behalf made and provided In witness c. License LXVIII Dalt 379. cap. 124. A License to Brew and keep an Alehouse Derby ss Whereas A. M. of W. in the County of D. Husbandman hath come before us J. C. Knt. and F. B. Esq two of the Kings Majesties Justices of the Peace within the said County and bound himself in a Recognizance with sufficient Sureties to brew and sell and keep a common Alehouse according to the Statute made in the 5th year of the Reign of our late Sovereign King Ed. VI. Now know ye us the said J. C. and F. B. to have licensed the said A. M. to brew to sell and to keep a common Ale-house according to the said Statute Given under our Hands July 13. in the _____ year of c. West Presid 1 part sect 554. Victuals LXIX Dalt 361. cap. 121. A Warrant to convent all Victuallers c. to put in Sureties for observing Fish-days according to Proclamation To the High-Constables of the Hundred of R. and to either of them Fish These are in the Kings Majesties Name to command you to warn all the Inn-holders Taverners Cooks Alehouse-keepers Butchers and other Victuallers whatsoever within your Hundred personally to appear before us at L. on Thursday being the 20th day of this instant Febr. at the Sign of the Griffin there and to bring with them Sureties that shall enter into Bond with them to His Majesties use for the due observation of the Orders lately published for the restraint of killing dressing and eating Flesh in Lent or upon Fish days according to His Majesties Proclamation in that behalf and that you or one of you be then and there with us to deliver us a Note in writing of the Names Sirnames and Dwelling-places of every of them and of all other that victual without license within your Hundred as you will answer the contrary at your perils Dated at Westminster 1 Feb. c. LXX Dalt 360. cap. 121. Recogn For Alehouse-keepers to renew their Recognizance To the Bailiff c. R. H. Knt. one of His Majesties Justices c. These are in the Kings Majesties Name to require you That you direct your Precepts to every Petty-Constable within your Hundred requiring them that they warn all Alehouse-keepers and Victuallers within your said Hundred to be and personally to appear before us at L. upon Thursday c. then and thither bringing with them their Licenses And further That every of them bring with them a Certificate of their fitness and honest behaviour in keeping of their Alehouses and Victualling-houses under the hands of four at the least of the most substantial honest and discreet Inhabitants of the Parishes where they so keep or dwell and hereof fail you not c. LXXI Dalt 360. cap. 121. A Warrant for the suppressing of an Alehouse License Cambr. ss J. C. and E.H. Knts. two of the Kings Majesties Justices of the Peace within the said County of Cambridge to the Constables of B. and to either of them Greeting Whereas we are credibly informed that R. D. of your Town Victualler is himself a man of evil behaviour and besides doth suffer evil rule and disorder to be kept in his House contrary to the Laws and Statutes of this Realm These are therefore in His Majesties Name to will and command you forthwith to repair to the House of the said R. D. and to charge him to cease from keeping any longer any Alehouse or Tippling-house and from common selling of Ale or Beer at his peril And withal that you cause his Sign to be pull'd down Hereof fail you not as you and either of you will answer to the contrary at your peril Given under our Hands and Seals at B. the _____ day of _____ in the year c. LXXII Dalt 361. cap. 1. Forfeitures A Warrant to levy money forfeited by Alehouse-haunters R. S. one of the Kings Majesties Justices of the Peace within the said County of C. to the Constables and Church-wardens of the Parish of W. and to every of them Greeting FOrasmuch as it hath been duly proved before me according to the Statute in that behalf provided that all and every the persons hereunder named Cambr. ss being Inhabitants within your Parish of W. upon the 12th day of this instant November have been and continued drinking and tippling in the House of G. W. of your said Town Inn-keeper or Alehouse-keeper c. contrary to the form of the same Statute These are therefore in his Majesties Name to charge and command you and every of you forthwith to levy by distress and sale of the Goods of every the said persons hereunder named the sum of three Shillings and four pence a piece which several
c. being bailable by the Law shall not c. be let to Bail or Mainprise by any Justices of Peace if it be not in open Sessions except it be by two Justices of the Peace at the least whereof one to be of the Quorum and the same Justices to be present together at the time of the said Bailment or Mainprise Lamb. 339. Crompt 156 b. 157. infra XIII 1 2 Phil. Mar. 13. § 3. N. 2. Which Bailment or Mainprise they shall certifie in writing subscribed or signed with their own hands Certificate at the next general Goal-delivery to be holden within the County where the said person c. shall be arrested or suspected 3 H. 7. 3. § 1. N. 4. Examination XIV 1 2 Phil. Mar. 13. § 4. N. 1. And that the said Justices or one of them being of the Quorum when any such Prisoner is brought before them for any Man-slaughter or Felony before any Bailment or Mainprise shall take the Examination of the said Prisoner and Information of them that bring him of the Fact and circumstances thereof and the same or as much thereof as shall be material to prove the Felony shall put in writing before they make the same Bailment Certificate XV. 1 2 Phil. Mar. 13. § 4. N. 2. Which said Examination together with the said Bailment the said Justices shall certifie at the next general Goal-delivery to be holden within the limits of their Commission Landon XVI 1 2 Phil. Mar. 13. § 6. N. 1. Provided c. and be it further Enacted c. that Justices of Peace and Coroners within the City of London and County of Middlesex and in other Cities Boroughs and Towns Corporate within this Realm and Wales shall within their several Jurisdictions have authority to let to Bail Felons and Prisoners in such manner and form as they have been heretofore accustomed this Act c. notwithstanding Justices XVII Lamb. 3. cap. 2. pag. 338 339. It seemeth that Justices of the Peace might after the Statute 34 Ed. 3. 1. § 1. N. 6. that made them compleat Judges have letten to Bail such persons as were Indicted of Felony before them in their Sessions even as the Justices of the Kings Bench used to do but not such as were arrested for suspicion of Felony and not Indicted thereof before them because before the Indictment they were no Judges over them and for help herein 1 R. 3. 3. § 1. N. 2. was ordained but that Law begat some inconvenience and therefore it was soon after repealed by 3 H. 7. 3. § 1. N. 7. And here again there sprung up another inconvenience for then Justices of Peace would not stick to borrow one anothers Name as many yet still do and by that means defraud the good meaning of the Statute whereupon it was lastly provided against by 1 2 Phil. Mar. 13. § 3. N. 1. Crompt 156 b. 157 a. infra 33. Imprisonm XVIII Lamb. 340. recited 1 2 Phil. Mar. 13. Because it both comprehendeth some such other things as must concur with the Bailment of the Prisoner and also provoketh to set down what persons are Bailable c. Justices XIX Lamb. 342. Both these last Statutes 3 Ed. 1. W. 1. cap. 15. 23 H. 6. cap. 10. as appeareth were at the first made to give a Rule unto Sheriffs and other Officers as well for the letting to Bail as for the retaining of their Prisoners but as 3 Ed. 1. 15. is by the express letter of 1 2 Phil. Mar. 13. § 2. N. 1. set forth as a Line whereby the Justices of Peace are to guide themselves so it seemeth to me that they ought to have an eye to the other Statute also viz. 23 H. 6. 10. § 1. N. 6. forasmuch as certain other persons be therein also mentioned not to be Bailable by Law and so within the reach of the very words of 1 2 Phil. Mar. 13. § 3. N. 1. Coron XX. Lamb. 342. That 1 2 Phil. Mar. 13. § 3. N. 1. seemeth to distinguish these words death of a man in 3 Ed. 1. 15. § 1. N. 2. and in this place to restrain them to Murder only saving that 1 2 Phil. Mar. 13. § 3. N. 1. admitteth that for some death or Man-slaughter the slayer may be lawfully Bailed which also is the common practice in that behalf Days XXI Lamb. 342. ibid. We learn also that he which within the year is acquitted of Murder or Man-slaughter at the Kings Suit must be remitted to Prison or let to Mainprise till the end of the year and the party grieved may in the mean time commence his Appeal 3 H. 7. 1. § 1. N. 15. Indictment XXII Lamb. 3. cap. 2. pag. 343. It seemeth moreover that he which is Indicted of Felony is not Bailable 41 Ass 30. nor he which confesseth the Felony whereof he is accused for the Statute 3 Ed. 1. 15. § 1. N. 4. meaneth to exclude the one when it saith that he which is Indicted of Pety-Larceny may be Bailed the other 3 Ed. 1. 15. § 1. N. 3. when it denieth Bail to a Prover who must begin with confession of his own fault before he may be admitted to burthen another man XXIII Lamb. 343. ibid. And if a man be taken upon Process of Rebellion issuing out of the Chancery or Star-Chamber Process those Justices of Peace may well be thought void of discretion that shall take upon them to Bail him 23 H. 6. 10. § 1. N. 6. Crompt 152 b. § 2. Dalt 312. XXIV Lamb. 343. ibid. Ability Further me thinketh that I may set down this as a Rule even at the Common Law concerning Bailments That the Justices of Peace cannot meddle with the Bailment of any Prisoner except he be Prisoner for such a cause whereof the Justices of Peace be competent Judges which also was the cause that one Justice of the Peace could not by force of the Commission only have bail'd suspects of Felony before that they were Indict thereof c. for out of Sessions and before Indictment they were no Judges of such a matter XXV Lamb. 343 344. And on the other side it seemeth Justices that two Justices of the Peace the one of them being of the Quorum may out of the Sessions Bail such as come into Prison by the Process of the Sessions made upon penal Laws not forbidding Bail because two such Justices be competent Judges of all those matters insomuch as they may hear and determine them XXVI Lamb. 344. This I will say for all that it becometh Justices of the Peace to be very circumspect in granting Bail Imprisonm both for fear of wrong by denying it to him that is Replevisable and for fear of danger to the Service it self by giving it where it is not grantable and therefore I advise them to consider first
19 H. 6. Entre 17. Rast Entr. 335. 12 Ed. 4. 1. LXIV Crompt 165. b. If a man be Indicted of a Forcible Entry Traverses and the party puts in a traverse presently whereupon Execution is stayed and they do not prosecute the Traverse cum effectu but suffer this to be discontinued and after tender another Traverse at another time upon Restitution prayed it seemeth that the Court may Award Execution notwithstanding as in the Case of a Writ of Error c. 13 Ed. 4. 4 6 H. 7. 16. Crompt 166. LXV Crompt 165. b. Traverse It seemeth convenient upon a Bill on 8 H. 6. 9. preferred to shew the Evidence in full Court before the Jury to the intent that it may appear to the Court whether there be reasonable Cause to stay Restitution or not if the Bill be found Dyer 123. pl. acc Traverse LXVI Crompt 166. He that tenders the Traverse in B. R. upon an Indictment of Forcible Entry shall bear all the Charges of the Tryal and not the King nor he at whose Suit the Indictment is found as it is said by the Clerks de Banco Regis by the same reason it should be so of an Indictment Traverst before Justices of the Peace Costs Br. 4. Dalt 216. cap. 84. infra 78. Justices LXVII Crompt 166. Three Justices sit upon an Inquisition of Forcible Entry and one agrees that Restitution shall be made and the others will not agree Quaere if one may award Restitution without the other because 8 H. 6. 9. § 3. N. 2. gives power to one Justice to Inquire of Forcible Entries and to make Restitution Prerog LXVIII Crompt 69. § 12. a Bill upon 8 H. 6. 9. § N. for the King is not good for he cannot be Deisseised nor ousted of his freehold because of his Prerogative Br. 89. and he shall not have an Acc. sur Stat. so 4 H. 7. 1. b. see 2 H. 4. Prerog 12. Coron 553. 8 H. 4. 17. Disseisor Br. 16. 64. Dalt 201. cap. 77. Prerog LXIX Crompt 69. § 13. If the Kings termor be ousted with Force he cannot prefer a Bill on 8 H. 6. 9. that he was ousted and the King Disseised for the King cannot be ousted of his Freehold but he shall have an Information of Intrusion in the Exchequer Dalt 201. cap. 77. Poul de Pace 39. b. § 24. Outlawry LXX Crompt 68. b. § 8. Process of Outlawry lieth in an Acc. sur Stat. of 8 H. 6. 9. for it is Quare vi armis as was agreed 37 H. 6. 3. and so it seemeth to be upon an Indictment on the said Statute infra § 77. Prerog LXXI Dalt 201. cap. 77. Yet it seemeth that upon complaint made to the Justice of Peace by the Kings Termor of any such Force the Justice of Peace may nay 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 Chpihold LXXII Dalt 203. cap. 77. But howsoever the Law be taken for the Indictment or Restitution thereupon yet in case that Lessee for years Tenant at will or a Copiholder be forcibly put out or held out either by a stranger or by their Lessor or Lord the Justices of Peace or any one of them by 15 R. 2. 2. might safely remove the Force upon View thereof and Commit the Offendors to Prison and then the Lessee for years or Copiholder might presently reenter if peaceably they could so do and so might have his possession again without any Restitution made him by the Justices Crompt 71. § 45. Restitution LXXIII Dalt 203. cap. 77. But now by the Statute 21 Jac. 15. such Judges Justices or Justice 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 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 Forcible Entries or Forcible withholdings before them duly sound to give like Restitution of possession unto Tenants for term of years Tenants by Copy of Court Roll Guardians by Knights service Tenants by Elegit Statute Merchant and Staple of Lands or Tenements by them so holden which shall be entred upon by Force or holden from them by Force LXXIV Mich. 2 Car. 1. Latch 182. Widow Stacyes Case Copihold one was Indicted on 21 Jac. 15. for entring into a house in Cobham in Oxford ' ad tunc existens liberum tenementum suum ad voluntatem Domini secundum consuetud ' manerii c. the party came into the Court and being put out of possession upon this Indictment by one Justice of Peace prayed Restitution and it was granted to him by Dodridg and Whitlock Jones absent the reason was because for any thing here shewed the Widow may be Tenant by the Verge and not by Copy and the Statute shall not be taken by Equity and therefore he that will have Restitution must persue the words of the Statute but Dodridge agreed that if one hath a Widows Estate by Custome after the death of her Husband Copiholder she is within the Statute because her Estate is immediately by Copy LXXV Dalt 206. cap. 79. And by force of this Statute and proviso Heir 8 H. 6. 9. § 7. N. 1. every Heir and every Feoffee may justifie to keep their Houses and Possessions by Force in case that themselves or their Ancestors or their Feoffors or those whose Estate they have have been in peaceable possession thereof by the space of three years or more Kell 187. pl. Lambert 1â—4 supra § 35. LXXVI Crompt 166. It 's found that J. S. Disseised me with Force Restitution and by another Enquest taken at the same Sessions it s found that I am Disseised by A. B. with Force I may Elect upon which of these Indictments I will be restored and if I have Restitution against J.S. and this is Retorn'd I shall not have Restitution upon the other but tho I be in possession as to him if upon the Writ of Restitution it be not Retorned that I have Restitution I shall have Restitution against A. upon the other Verdit if A. hath reentred upon the first Restitution given to me by Marrow Lect. 9. Quaere for if a man Recovers in an Assize and enters upon the Tenant and he reenters he that Recovers shall not have a sc fac to Execute the Judgment 49 Ed. 3. 27. Dalt 211. cap. 81. LXXVII Crompt 150. b. Outlaw Justices of Peace cannot Award a Capias utlagatum but must certifie the Outlawry in B. R. as the Clreks of the same Court say supra
LXXVIII Dalt 216. cap. 84. But upon a Forcible Entry found and a Traverse tendered if the Justices of Peace will try the Traverse Traverse it seemeth they ought to cause a new Jury to be Retorned by the Sheriff before them to try the same Traverse the which may be done the next day but not the same day Crompt 150 152 166. Kell 159. b. pl. 2 LXXIX Dalt 407. cap. 133. Process But although the Justices of Peace have power in some Cases out of their General Sessions to take Indictments and after such Indictment found to Award Process ad respondendum against Offenders and to hear and determine thereof and the Offenders aâ—so have liberty to come in and to speak and may answer for themselves and may offer their Traverse and that the Justices of Peace are to allow of and to receive the same yet Quaere whether the Justices of Peace out of their General Sessions may try such Traverse being tendered unto them without which Tryal all the rest may seem Idle or that upon the Traverse tendered they must certifie or send the Inquisition or Indictment so found before them into B. R. or unto their Quarter or General Sessions of the Peace there to be Tryed and Determined howsoever it is the safest after such Traverse tendered to certifie or deliver such Inquisition or Indictment in B. R. or to their next Quarter Sessions and so to refer the Tryal of the Traverse and further proceedings therein to them Lambert 158. supra Dalt 6. cap. 22. supra Joyntenants LXXX Poult de Pace 39. § 23. If there be two Joyntenants or Tenants in Common of certain Lands and one of them doth expell and put forth the other out of possession of the Lands by force he that is so expelled may have an Action of Trespass of Forcible Entry against his Companion that did so expell him upon 8 H. 6. 9 § N. for the words of the Writ may be verified Expulit Disseisivit and thereupon he shall have a Writ of Restitution to restore him to his former Estate 8 Ed. 4. 9. 19. 22 Ed. 4. 10. or 20. F. N. B. 249. 10 H. 7. 27. 18 H. 6. 5. But if one Joyntenant or Tenant in Common of Lands do expell the other by Force out of the same Lands he that is so expelled cannot maintain a Writ of Entry upon the Statute 5 R. 2. 7. against his Companion that so put him forth and suppose that he did enter into the same Lands ubi ingressus non datur perlegem for that his Entry and possession in that Land is Lawfull through the whole Land in respect of his own moiety or Estate c. Dalt 213 214. cap. 83. Restitution LXXXI Boult 125. cap. 29. § 34. After it shall be found by such Inquiry that such Forcible Entry or Deteyner is made the Justices of Peace may break open the House by Force to resist the same and to put the party so put out in Possessions again and so may the Sheriff do having the Justices Warrant but § 36. the Justice of Peace may not in any wise make Restitution without such Inquiry first had and such Force thereby found and if the Justice shall make Restitution without Inquiry it seemeth to be punishable in the Star-Chamber Process LXXXII Crompt 123. b. § 19. It seemeth that when the Justices shall Inquire on 8 H. 6. 9. § N. that they may make a Warrant to the Sheriff to Retorn Pannels to Inquire for the King of such things as shall be enjoyned them on the Kings behalf without saying to Inquire of Forcible Entry or of any Riot because 2 H. 5. 4. § N. is that they may hold their Sessions four times a year and more often if need be Sessions LXXXIII Crompt 124. § 23. on 8 H. 6. 9. § N. of Forcible Entries they must hold Sessions on complaint of the parties grieved within covenient time Church LXXXIV Crompt 73. If a man keep a Prebend with Force the Encumbent shall have a Writ to the Sheriff Forest Warren Coneys Deerhays Buckstalls Ferrets Hunting Parks Chaces Coursing Sessions I. 19 H. 7. 11. § 1. N. 9. That the Justices of the Peace in their Sessions shall have Authority to call before them any persons suspected c. viz. that having no Park Chace or Forrest keep Deerhays or Buckstalls c. and by their discretion to examine them in the premises c. Lambert 527. Crompt 86. b. Forfeiture II. 19 H. 7. 11. § 1. N. 11. And that those Justices that so Examined them shall have the tenth part of the Forfeiture c. Lambert 617 618. III. Crompt 86. b. Catle Inquiry at Sessions of such who keep Dogs or Greyhounds to hunt or use Ferrets Hayes Nets Harepipes Cords or other Engines to take wild Hares or Coneys or other pleasures of Gentlemen who cannot dispend xl s. per Ann. of Freehold c. 13 Rich. 2. 13 Lamb. 440 441. Dalt 76. cap. 29. IV. Crompt 86. b. Inquiring if any Trace and Kill Hares in the Snow Sessions by any way 24 H. 8. 10. 1 Jac. 27. Lamb. 441. V. Lambert 440. Inquiry on 5 Eliz. 21. § 3. N. 1. Deer If any person have unlawfully broken or destroyed the Head or Dam of any Pond Mote Stew c or have wrongfully entred into any Park or other Ground before this Statute Inclosed or after this Statute by likeness to be Inclosed and used for keeping of Deer and have wrongfully hunted drove out hurt or killed any Deer there or if any have unlawfully taken away any Hawk or the Eggs of any Hawk out of the Woods or Grounds of any other person Crompt 126. b. VI. 144. ib. Lamb. If any person have Hawked Fowl or with his Spaniel hunted in any ground not being his own where any Corn or Grain did then Grow or before it was Shockt without consent 11 H. 7. 17. 23 Eliz. 10. VII Lambert 563. Against him that is convicted for the unlawfull taking or slaying of any Deer or for such taking of any Hawk or Eggs contrary to 5 Eliz. 21. § 3. N. 1. the Justices must adjudge treeble Damages to the party grieved three Months Imprisonment of the body of the Offender and after that is expired to find Sureties of his Good-Behaviour for 7 years after or else to remain in Prison untill he shall find such Sureties during those seven years VIII Lambert 118. It seemeth to me c. that all these Statutes c. viz. 5 Eliz. 21. have this one meaning that a party so bound may afterwards Forfeit his Recognizance if he Eftsoons offend against the said Statutes IX Crompt 155. Nor can Justices of Peace Bail him that is committed for taking Deer Fish Hawks c. of another against 5 Eliz. 21. § 3. N. 3. X. Crompt 184. A man is Indicted for hunting in a Park upon 5 Eliz. 21. § 3. N. 3. and confesseth the
holden in the County of C. to do and receive that which by the Court shall be then and there enjoyned him and that in the mean time he be of Good Behaviour and do keep the Peace of our said Soveraign Lord the King towards his Majesty and all his Liege People That then c. XL. Dalt 371. Or this Conditio Recogn ' predict ' talis est quod si predict ' N. G. Imposterum se bene Geret pacem Domini Regis conservabit erga dict' Dominum Regem cunctum populum suum quod tunc Recognitio predicta pro nullo teneatur alioquin in suo Robore permanere XLI Dalt 365. Note that such supersedeas viz. supra § 36. is good Supersedeas tho it name neither the Sureties nor the Sums wherein they are bound but yet it is the better Form to express them both for then if it shall appear that the Sureties are not sufficient men or not bound in sufficient Sums better Sureties may be taken c. Gaugers see Measures Glass-men see Trades Goals see Imprisonment Goldsmith see Metle Grain see Corn. Graziers see Catle Greyhounds see Catle Green Wax see Proces and Seals Guns see Forest and Shooting Habeas Corpus see Imprisonment Certiorari Handguns see Forest and Shooting Hay and Oats see Corn Hares see Forest Harvest see Poor and Husbandry Hawks see Fowl Harness see War Harborers see Hostler Headbrough see Constable Hedgbreakers see Trespass Herring see Fish Hearthmoney see Taxes Highwayes see Wayes Hides see Leather Homicide see Coron Horn see Trades Horses see Catle Horsebread see Corn. Hospital see Poor Hostler Harborer Lodger Innes Victuals Inholder Hay and Oats Market overt I. Lambert 448. Inquiry in Sessions if any Inholder c. or other Seller of Victual have not Sold the same at reasonable prizes 23 rd 3. 6. 13 R. 2. Crompt 67. b. 91. b. Corporation II. Lambert 4. cap. 4. pag. 4. 465. Inquiry on 13 R. 2. 8. § 1. N. 6. 32 H. 8. 41. § N. If any Inholder dwelling in any City Town Corporate or Market Town wherein is any Common Baker that hath been Apprentice there Seven years have within his own house made any Horse Bread or dwelling in any other Thorow-Fair have made it insufficiently and not of due Assize Crompt 90. a. 91. b. III. Lambert 465. If any Inholder have taken any thing for Litter Fees or have taken excessively for Hay or have taken above one Half-Penny in a Bushel of Oats over the Common Price in the Market 13 R. 2. 8. § 1. N. 8. 4 H. 4. 25. § N. 21 Jac. 21. Crompt 91. b. IV. Dalt 25. cap. 7. Every Keeper of Tavern Ale Keeping also an Inne or Victualling in his House and every Inkeeper c. which shall suffer any Townsman or any Handycrafts man or Laborer working in the same City or Town to remain and continue Drinking in their said House except such as shall be invited thither by a Travellor and during his necessary abode there c. except allowed by two Justices of Peace the said offence being seen by any Justice of Peace within his Limits or confest or proved by one Witness on Oath Forfeit 10 s. 1 Jac. 9. § N. Crompt 77. b. 78. V. Dalt 27. cap. 7. Now no person may come to Tiple in any such Tavern or in any Inn c. in the same Town where he dwelleth nor dwelling within two Miles thereof except he be a Traveller and so Sir Francis Harvey Knight delivered it in his charge at Cambridge Summer Assizes Anno 1629. VI. Dalt 28. cap. 7. If a Common Inholder c. Wayes will not Lodge a Traveller any Constable or Justice of Peace may compell him thereto But how the Officer shall compell him Quaere It seemeth that all the Officer can do is either to cause such Alehouse Keeper to be suppressed or else to present such Offence of an Inn-Keeper at the Assizes or Sessions of the Peace that so such Offender may be thereupon Indicted see the Commission And at Lent Assises Anno 1622. Sir James Leigh Lord Cheif Justice of B. R. delivered it in his Charge that an Innkeeper c. might be Indicted Fined and Imprisoned for the same or else that the party grieved might have an Action S. Case Br. 76. 92. against the Innkeeper refusing to Lodg him Kell 50. 14 H. 7. 22. b. VII Crompt 77. ab Nota That it hath been agreed that such Inns that have been newly erected since the Statute 5 6 Ed. 6. 25. and were not Innes before must have Licences as Alehouses shall have Licence and this was put in ure upon an Indictment Traverst and Tryed at the Assizes in Sussex about 16 Eliz. as I have heard by him that was Counsel with the party Indicted Dalt 31. cap. 7. VIII Hales Pleas of the Crown 146. Hospitals and Houses of Correction see Poor Hue and Cry see Fresh Suit Hundred see Franchise Constable Sheriff Hunting see Forest Husband see Baron Feme Husbandry Tillage Aprovement Abby I. Lambert 463. Inquiry in Sessions if any owner of any Scite or Precinct and Demeans of any late Dissolved Religions House that was in yearly value under 200 l. per Annum do not keep an honest and continual houshold thereupon 27 H. 8. 28. § 9. N. 1. Lambert 600. Crompt 96. b. 124. b. Leases II. Crompt 96. b. Inquiry if any takes in Ferm any house to which any Land belongs above two such holds in one Vill or Hamlet or if any hath occupied two such holds in one Vill or Hamlet and doth not inhabit in the same Parish he shall Forfeit for every week 3 s. 4 d. Fitzh J. P. 128. 25 H. 8. 13. § 14. N. 2. Justices III. Lamb. 612. I will not gainsay but that the Justices of Peace may at any Special Session of the Peace give in Charge all such Statutes as dogive unto them a general power of Enquiry without using mention of restraint to any Sessions as 25 H. 8. 13. § 5. N. 1. of Sheep Catle IV. Lambert 464. Inquiry at Sessions if any person have at once kept above the Number of 2000 Sheep of all sorts against 25 H. 8. 13. Crompt 125. b. V. Crompt 152. Such Process shall be awarded against him who is Indicted upon 25 H. 8. 13. Concerning the keeping of Sheep above a certain Number as is used in Trespass Presented before the Justices of Peace Days VI. Crompt 193. b. The party must begin his Action of Debt Bill Plaint or Information within the year and his Presentment or Information for the King shall be taken within 3 years after the offence Committed against 25 H. 8. 13. § 6. N. 1. of Sheep Justices VII Lamb. 463 464. Note that the Offences against the Statute of Husbandry and Tillage 39 Eliz. 2. which extendeth not to Kent Essex Sussex and many other Shires nor to the greatest part of Wales are
of Life and Death was Found not Guilty of that Felony and after was Indicted for the Escape but here considering the Prisoner was found not Guilty for the first Felony therefore his Escape from the Constable was holden not to be Felony and so I have known the Jury directed by the Judge of Assize Rescous XXXVI Dalt 272. cap. 106. By some Opinions if a stranger shall disturb the Arresting of a Felon it is no Felony except the Felon were taken and Arrested and after Rescued 9 H. 4. 1. Coron 333. Stanff 33. yet Fitzh J. P. 114. saith that such disturbance before Arrest is Felony Process XXXVII Lambert 294 295. Such Justice of Peace as Committed for any offence any person to Prison refusing to defray the Charges for conveying him thither may give his Warrant to the Constable to Sell such of the Offenders Goods as will satisfie the same Charges and if the Offender have no Goods the Parish where he was apprehended shall be Taxed according to this Act and the Goods of every person Assessed refusing to pay the same by Warrant from the said Justice of Peace or any other neer adjoyning to the Constable c. shall be distrained and Sold for levying the same Taxation 3 Jac. 10 § 1. N. 3. XXXVIII Lambert 218. The Mittimus of the Prisoner for-Felony after his Examination taken c. Kent ss J. S. Knight one of the Justices c. to the Keeper of his Majesties Goal at M. in the said County c. Greeting I send you herewithal the Body of A. B. late of C. Laborer brought before me this present day and charged with the Felonious taking of 20 Sheep which also he hath confessed upon his Examination before me and therefore these are on the behalf of our said Soveraign Lord to Command you that immediately you receive the said A. B. and him safely keep in your said Goal untill he shall be thence delivered by due order of his Majesties Laws Hereof fail you not as you will answer for your Contempt at your own Peril Given at c. XXXIX 2. Inst 591. Hereupon it appeareth that the Common Warrant or Mittimus to answer to such things as shall be Objected against him is utterly against the Law Poor XL. And it was toucht 10 Ed. 4. 18. pl. Surety Br. 26. that Stocks were ordained in the Vills for the taking of Vagrants who would not serve c. Indictment Indictments Traverse Process Pleading Action Appeal Information Aprovement I. Lambert 20. 21. Justices And whether the Authority and power of these Wardens were then also with this alteration 1 Ed. 3. 16. § N. any thing increased or no I will not affirm but I find 3 Ed. 3. Coron 360. That an Indictment of Murder was found before one Warden of the Peace only and that thereupon he wrote his Letter or Precept to the Sheriff to apprehend the person Indicted who took and brought him before the Justices in Eyer and that they also thereupon proceeded to the Arraignment and Tryal of him II. 4. Ed. 3. 2. § 1. N. 6. Certiorari◠And the Justices assigned to deliver the Goals shall have power c. of those that shall be Indicted before the Keepers of the Peace and the said Keepers shall send their Indictments before the Justices c. III. 25 Ed. 3. 3. cap. 9. § 1. N. 2. Ordinary The King will that his Justices shall not Impeach the Ordinaries nor their Ministers because of such Indictments of general Extortions and Oppressions unless they say and put in certain in what and in what manner c. IV. 11 H. 4. 9. § 1. N. 4. And if any Indictment be made Enquest viz. by denomination of Party or without due Retorn of Enquest by Sheriff c. that the same Indictment be void c. Poult de Pace 172. § 7. V. 1 H. 5. 5. § 1. N. 1. Addition That in Appeals and Indictments where Exigent shall be awarded Additions shall be made of their Estate or Degree or Mystery and of the Towns or Hamblets or places and Countries of which they were or be or in which they be or were conversant Lambert 480 481. 1 Ed. 4. 2. § 1. N. 4. Sheriffs viz. That no Process shall be made by them but that Sheriffs and their Under-Sheriffs Clerks or Bayliffs and their Ministers shall bring present and deliver all such Indictments and Presentments taken before them or any of them in their Turns or Law dayes c. to the Justices of Peace at their next Sessions of the Peace that shall be holden in the County where such Indictments and Presentments shall be taken c. Lambert 496. Poult de Pace 169. b. 171. a. § 6. VII 3 H. 7. 1. § 1. N. 14. That if any man be slain or Murdered Accessory and therefore the Slayers Murderers Abettors Maintainers and Comforters of the same be Indicted that the same Slayers c. and all accessaries of the same be Arraigned and determined of the same Felony and Murder at any time at the Kings Suit within the year after the same Felony and Murder done and not tarry the year and day for any Appeal to be taken for the same Felony or Murder VIII 6 H. 8. 6. § 1. N. 3. and Justices of B. R. to command all Justices of Goal Delivery Justices of Peace Justices and all other Justices and Commissioners to proceed upon all the Bodies and Indictments so removed and remanded from B. R. after the course of the Common Law as if never removed c. Amendment IX 37. H. 8. 8. § 1. N. 4. That these words Vi and armis viz. cum Baculis Cultellis Arcubus Sagittis or such other like shall not of necessity be put or comprised in any Inquisition or Indictment Crompt 102. § 20. Lambert 494. Dalt 401. cap. 131. Days X. Lambert 4. cap. 4. pag. 479. This also is generally true That all Bills Informations and Indictments grounded upon penal Statutes wherein the Prince only is to reap the Forfeiture ought to be commenced within two years next after the Offence committed and if the Suit be given to any other person for himself and the Prince that ought to commence for the Prince within two years and for every common person within one year next after the Offence done and otherwise it is meerly void unless shorter time be limited by that special Statute upon which the Information Indictment or Presentment is made and framed as it is by 13 Eliz. 5. of Husbandry and 39 Eliz. 1. Amendment XI Lambert 479 480. All Indictments forasmuch as they be in Nature of Declaration ought to contain Certainty and therefore as saith Mr. Marrow five principal things be most commonly requisite in Presentments before the Justices of Peace 1. The Name Surname Addition of the party Indicted 2. The Year the Day and Place in which the Offence was done 3. The Name
that the Quarter Sessions in the County of Anglesey in Wales shall be alwayes forever holden at Blau-morris only and not elsewhere within the County of Anglesey except by reason of the Plague or such Contagious Sickness and notwithstanding this Statute a Sessions of the Peace was held at Newburgh in the same County without any special occasion and by all the Justices c. held void coram non judice by reason of the negative prohib Dyer 135. pl. CCLXXIII Crumpt 123. § 8. If a man be bound to appear before the Justices of Peace within xl dayes next after the Bond Recognizance and before the end of xl dayes a General Sessions is held he must appear before them at the same Sessions though it be not so exprest c. Condition Br. 208. Dalt 172. Cap. 70. CCLXXIV Crumpt 123. § 9. If a Justice of Peace upon a pain of x l. Commands one by precept to be at the next Sessions Process and he doth not appear no scire facias shall Issue no more then on a Subpenae but it seemeth he shall be Attacht at the next Sessions for a Contempt Dalt 33. 17. Cap. 117. CCLXXV Crumpt 123. § 11. The Statutes of Purveyors made Purveyors 36 Ed. 3. 2 3 4. shall be proclaimed by the Justices of Peace Annually CCLXXVI Crumpt 113. b. § 13. Victualers The Statutes of Victualers shall be Proclaimed twice Annually in the Sessions of the Justices 22 H. 6. 13. § N. CCLXXVII Crumpt 223. b. § 14. The Statute 33 H. 8. 9. § N. of Archery shall be proclaimed at several Sessions of the Peace Games Forces CCLXXVIII Crumpt 123. b. § 19. It seemeth that when the Justices shall enquire upon 8 H. 6. 9. § N. that they may make a Warrant to the Sheriff to return Pannels to enquire for the King of such things that shall be enjoyned them of the Kings part without saying to enquire of forcible Entries or of any Riot because 2 H. 5. 4. § N. is that they may hold their Sessions four times by the Year and more often if need be Sessions CCLXXIX Crumpt 124 § 21. The Justices of the Peace of the County of Middlesex are not bound to keep their Sessions Four times a year the Court of B. R. sitting in that County but they must keep their Sessions twice ayear at least and oftner if need be to enquire of Riots or forcible Entry made in the same County on pain and forfeiture c. 14 H. 6. 4. § N. Ryot CCLXXX Crumpt 124. § 22. The Justices for enquiry of Riot c. must hold Sessions within a month after the Riot c. Commit by 13 H. 4. 7. § N. on pain of C l. to every of the Justices of the Peace that are next abiding in the County to the place where the Riot is Committed Force CCLXXXI Crumpt 124. § 23. on 8 H. 6. 9. § N. of forcible Entries the Sessions must be held upon Complaint of the Party grieved within convenient time Apprentice CCLXXXII Crumpt 124. § 24. They may hold Sessions Annually between Michaelmas and Christmas and between the Annunciation and St. John Baptist to enquire of the Branches of the Statute of Laborers and of the good Execution thereof and punish the Offendors 5 Eliz. 4. § N. Measures CCLXXXIII Crumpt 124. § 25. The Justices of Peace may enquire hear and determine of falsifiers and Counterfeiters of false Weights as often as they shall think fit 9 H. 5. 8. Fowl CCLXXXIV Crumpt 124. b. Item At the General Sessions they may enquire of those that take Pheasants or Partridges or hunt in others Corn 23 Eliz. 10. § N. 11 H. 7. 17. § N. Leather CCLXXXV Crumpt 124. b. Item They may enquire of those that offend against the Statute of Tanners 5 Eliz. 8. § N. CCLXXXVI Crumpt 125. The Justices at their Sessions or within the limits of their Commission not said General or Special may enquire on 5 Eliz. 5. § N. of Fish on 25 H. 8. 11. § N. of destroying Wild Fowls Eggs in the Nest and on 37 H. 8. 9. § N. 13 Eliz. 8. of Usury of Eschetors that form their Offices or make a Deputy 12 Ed. 4. 9. § N. 3 H. 8. 8. § N. Coron CCLXXXVII Crumpt 125. b. Item Sessions shall enquire of defaults of Coroners 1 H. 8. 7. § N. of keeping above number of Sheep 25 H. 8. 13. § N. of Souldiers imbezelling Arms 2 3 Ed. 6. 2. § N. Rejoynder CCLXXXVIII Dalt 24. Cap. 6. Where a Statute appointeth a thing to be done by two Justices of the Peace or more if the Offence be any misdemeanor or matter against the Peace thereupon complaint made of the Offence to any one Justice of the Peace it seemeth that one Justice may grant out his Warrant to attach the Offendor and to bring him before the same Justice or any other to find Sureties for his Appearance at the next General Sessions there to make answer to such his Offence or else he may bind the Offender to the good Behaviour and so to appear at the next Sessions if the said Justices shall see any just cause so to do but Justices of Peace alone may not in any wise meddle to hear and determine the same Tryals CCLXXXIX Two Justice 568. And likewise Justices of Goal Delivery or Justices of Peace may Try the Prisoner the same day or any day after but need not make any particular precept as Commissioners of Oyer and Terminer must for the Justices of Goal Delivery and Justices of the Peace make a General Precept in Parchment under their Seals for the Summons of their Sessions and for returns of Juries c. and thereâ—fre any particular Precept is not requisite 1 Cr. 315. Fens Ca. Lamb. 543. Process 25. N. 2. CCLXXXXI Dalt Edit 1666. Cap. 46. pag. 125. Justices The Justices opinion touching the Commission by which the Justices sit at Newgate The Justices at Newgate sit by vertue of Two Commissions viz. Goal Delivery and Oyer and Terminer 2. By the Commission of Goal Delivery they may Try all Prisoners in the Goal or by Bail or such as be Indicted and will render themselves generally for all Felonies and also for such other Offences as are particularly assigned to them by Statute 3. The Statute 4 Ed. 3. 2. § 1. N. 7. doth give them power to receive Indictments against Prisoners or such as are upon Bail and to proceed to Try the same viz. Indictments taken before the Justices of the Peace and by Equity thereof all Indictments before Coroners 3 Mar. 1. Commission c. Br. 24. saith the Commission is ad deliberand ' Goal de Prisonariis in eisdem existent ' but they cannot take Indictments as Justices of Goal Delivery but being Justices of Peace they may take Indictments against Prisoners but not against them that be at large for as much as no
power is given them and consequently they must have means so to do which is by Indictment ad Inquirend ' 4. However it is clear that they may inquire of many Offences Indictment and take Indictments in such Cases where power by the Statute is given to the Justices of Goal Delivery in such Cases where they have Authority by Law or Statute there the title of the Indictment is that ad Gaolam deliberand ' tent ' c. before the Commissioners of Goal Delivery J. S. was Indicted and the Record must be made up so 5. And whereby 4 Ed. 3. 2. § 1. N. 4. Indictments are taken before Justices of Peace or Coroners or any other against any Prisoner then the Entry of the Indictment is retorned taken Memorand ' quod ad Generalem Sessionem pacis tent ' before A. B. C. Justices ad pacem in Com' Middlesex or London J. S. was Indicted and then Tryed before the Justices of Goal Delivery And by vertue of the said Statute 4 Ed. 3. 2. § 1. N. 7. Indictments taken before Justices of the Peace of London or Middlesex are tryed before the Justices of Goal Delivery 6. The Commissions of Oyer and Terminer is ad Triand ' Inquirend ' Audiend Terminand they may inquire of all Offences mentioned in the Commission albeit the Offendors be at large but they cannot Try Prisoners upon Indictments taken before any other then themselves as the Justices of Goal Delivery may by the aforesaid Statute 4 Ed. 3. 2. § 1. N. 1. unless there be a special Commission made as it was Commanded in the Earl of Leicester's Case for the ordinary Commission Br. 24. of Oyer and Terminer is ad Inquirend ' Audiend ' Terminand ' therefore they cannot determine of things unless they made enquiry first And on the other side also the Justices of Goal Delivery may try Indictments taken before Justices of Peace yet if one be Indicted before Commissioners of Oyer and Terminer the Justices of Goal Delivery cannot Try the same because the Records of the Commission of Oyer and Terminer are to be retorned in B. R. 44 Ed. 3. 31. 7. The Commission and the Records of the proceedings before the Justices of Goal Delivery are to be returned to the Custos Rotulorum of the County when the same Persons are Justices of Goal Delivery and of Oyer and Terminer they may sit the same day and place and Inquire by the same Jury but the Entry of the Records must be several according as the Indictment is 8. At the Assizes in the Country the Justices have their several power as the Justices of Goal Delivery Oyer and Terminer and Justices of Peace But when the Records are made up they must be according to the power they made Election to proceed upon This is the regular and legal Course but the Clerks of the Assizes promiscuously make Entries thereof But if a Writ of Error be brought they must certifie according to Law or else it will be Erronious and so upon a Certiorari 9. The Sessions of London may be begun at the Guild-hall and then adjourned to Newgate if some Indictments be at Guild-hall then those must be so Certified if others at Newgate then the Adjournment must be mentioned and that the Indictment was then taken 10. Note that the Trial of Indictments taken before Justices of the Peace of London cannot be Tried at Newgate as in nature of a Tryal before Justices of the Peace at London for many of the Commissioners for Goal Delivery are not Justices of the Peace for London but in such Cases the Tryal must be before the Justices of Goal Delivery as upon Indictments taken before the Justices of Peace of London as in the Case of Indictments taken before the Justices of the Peace of Middlesex But if Indictments at Newgate be originally taken before them as Justices of Goal Delivery then it is Inquirable how the Jury sworn and Impannelled to Inquire at the Sessions of the Peace for London or Middlesex do serve to present Indictments before the Justices of Goal Delivery at Newgate unless the Custome and usage will Warrant the two several Juries sworn at the Sessions of the Peace for London or Middlesex are also by the same Oath and Impannelling to serve for the Grand Jury for the Commission of Goal Delivery and Oyer and Terminer Upon Conference with the Clerks for Newgate of London and Middlesex and the Clerks of Assizes and view of the several Entries more certain resolution may be given as occasion may be offered in any particular Case Kidders see Cattle Corn. Killing see Coron King see Prerog Kings-Bench see Justices Certiorari Labourers see Apprentice Lace see Drapery and Merchants Lader see Corn. Larceny see Coron Latten see Mettle Law see Pleading leap-Leap-year see Days Lead see Mettle Leather Tanners Curriers Cordwainers I. LAmbert 446. Articles of Inquiry at Sessions Market overt if any person have regrated ingrossed or got into his hands any Oaken Bark to the intent to sell the same again 1 Jac. 22. § 19. N. 1. Lamb. 432. II. Lamb. 446. Market overt Enquiry at Sessions if any person have forestalled any Hydes or bought any Hides out of open Market or Fair unless of such as have killed Beasts for their own provision 1 Jac. 22. § 7. N. 3. III. Lamb. 454. Charge at Sessions Butchers If any Butcher have gashed or cut the Hides of any Ox Bull Steer or Cow whereby it is impaired or have watered any Hide except in June July and August or have put to Sale any putrified or rotten Hide 1 Jac. 22. § 2. N. 1. IV. Lamb. 454 455. Trades If any during the time that he hath used the Occupation of a Butcher have also used the Mystery of a Tanner 1 Jac. 22. § 4. N. 1. V. Lamb. 455. Trades If any person during the time that he hath used the Mystery of a Tanner have used also the Mystery of a Shoomaker Currier Butcher or of any Artificer using the Cutting or Working of Leather 1 Jac. 22. § 6. N. 1. VI. Lamb. 455. If any person Tanners other then such who had a Tan-house 19 March 1606 and did then occupy Tanning of Leather or hath been taught as an Apprentice or hired Servant seven years in the Mystery of Tanning of Leather or hath been Wife to a Tanner or Son of a Tanner brought up in that Mystery four years or Son or Daughter of a Tanner or such person as hath married the Wife or Daughter of a Tanner that left to the same his Tan-house and Fatts have Tanned any Leather or taken any profit by Tanning thereof 1 Jac. 22. § 5. N. 1. VII Lamb. 455. If any person have bought contracted for Market overt or bespoken any rough Hide or Calve-skin in the hair except Salt Hides for the use of Ships but such persons only as shall have the same or shall and may by this Act Tan the same or have bought
and Skill in his Majesties Ecclesiastical Laws of this Realm now in Force So help you God XVI Kilb. Presidents 2 Edit 239. 24. Constable The Oath of an High-Constable You shall swear That you shall well and truely serve our Soveraign Lord the King in the Office of High Constable of the Hundred of A. 2. You shall see and cause his Majesties Peace to be well and truely kept and preserved according to your Power 3. You shall Arrest all such Persons as in your sight and presence shall Ride or go Armed offensively or shall Commit or make any Riot Affray or other breach of his Majesties Peace 4. You shall do your best endeavour upon Complaint made to apprehend all Felons Barretors Rioters or Persons Riotously assembled and if any such Offenders shall make Resistance with Force you shall levy Hue and Cry and shall persue them until they be taken 5. You shall do your best endeavor that the Watch in and about your Hundred be duely kept for the Apprehending of Rogues Vagabonds Night-walkers Eves-droppers Scouts and other suspected Persons and of such as go Armed and the like 6. And that Hue and Cry be duely raised and persued according to the Statute of Winchester 13 Ed. 1. St. 2. Cap. 1. c. against Murtherers Thieves and other Felons 7. And that the Statutes made for punishment of Rogues and Vagabonds and such other idle Persons as come within your Bounds and Limits be duely put in Execution 8. You shall have a watchful Eye to such Persons as shall maintain or keep any Common house or place where any unlawful Games is or shall be used as also to such as shall frequent or use such places or shall use or Exercise any unlawful Games there or elsewhere contrary to the Statutes 9. At your Assizes Sessions of the Peace or Leet you shall present all and every the Offences done contrary to the Statutes made 1 Jac. 4 Jac. 21 Jac. c. to restrain the Inordinate haunting and Tipling in Inns Ale-houses and other Victualling-houses and for repressing of Drunkenness 10. You shall there likewise true Presentment make of all Blood-sheddings Affrayes Outcries Rescues and other Offences committed or done against the Kings Peace within your Limits 11. You shall once every year during your Office present at the Quarter-Sessions all Popish Recusants within your Liberty and their Children above Nine years old and their Servants scil their Monthly absence from Church 3 Jac. 4. § N. 12. You shall well and truely Execute all Precepts and Warrants to you directed from the Justice of the Peace of this County or higher Officers 13. You shall be aiding to your Neighbours against unlawful purveyances 14. In the time of Hay or Corn Harvest upon request you shall cause all Persons to meet to serve by the day for the Mowing Reaping or getting in of Corn or Hay 15. You shall in Easter Week cause your Parishioners to chuse Surveyors for the mending of the High-wayes in your Parish or Liberty 16. And you shall well and truely according to your knowledge power and ability do and Execute all other things belonging to the Office of Constable so long as you continue in the said Office So help you God Oats see Corn. Obedience see Oath and Pope Obligation see Recognizance Bail Office of the Justice see Justices Officer I. LAmb. 424. Enquiry at Sessions if any Ordinary Arch-deacon Official Sheriff Escheator Coroner Under-Sheriff Bayliff Goaler or other Officer have by colour of his Office or for doing his Office taken a greater or more excessive Reward or Fee then belongeth to him or have taken any Fee or Reward for Expedition in doing his Office or have unlawfully exacted any Oath or other undue thing II. Lamb. 431. Enquiry in Sessions if any Officer have in any Town taken Scavage or Shewage that is to say any thing for the shewing of Ware or Merchandize that be truely accustomed to the King before 19 H. 7. 8. § N. Oyles see Merchants Measures One Justice see Justices Oppression see Fees Omission see Amendment Orchards see Trespass Orders of Sessions see Justices Ordinary Ecclesiastical Persons Clergy I. LAmb. 4. Cap 3. pag. 391. Justices But the Ordinary oweth not his attendance at any Sessions of the Peace as he doth at every Goal Delivery in the opinion of Mr. Marrow Indeed he is not warned by the Common form of Precept and therefore cannot so conveniently take knowledg of the Sessions of the Peace howbeit I think he ought to serve when he shall be called for matter of Clergy II. Lamb. 543. The Justices of Peace may give Clergy to a Felon if the Ordinary or his Deputy be present to take him but if they be absent he must be reprieved because as Marrow saith these Justices can set no Fine upon the Ordinary for his absence no more then if he will accept one to read as a Clerk wherein truth he cannot read at all Clergy Br. 7. but if you look on Stanff 2. Cap. 25. fol. he will perswade you that the Ordinary is not the Judge but a Minister in the Tryal of Clergy and that Clergy may lawfully be given and allowed in his absence So Poult de pace 214. pl. 36. c. III. Lamb. 544. Marrow saith also that if Bigamy that ungodly and Popish Counterplea had been alledged against one that prayed his Clergy the Justices of Peace could not have written to the Ordinary to certifie the same IV. Lamb. 580. And the Clerk of the Peace must also deliver unto the Ordinary a transcript of Clerks Convicted or attainted before the said Justices 34 H. 8. 14. § 2. N. 1 but enquire whether this be needful at this day by reason that Clerks be not now delivered to the Ordinary by 18 Eliz. 7. § N. Poult de Pace 217. pl. 43. Overseers see Poor Ouster le mere see Merchants Pannels see Inquest Pardon I. LAmb. 552. If a General Pardon by Parliament of all Persons make special Exception of some Amerciam then must the Prisoner alledge that he is none of those that be excepted unless the Act it self do say that he shall be holpen by it without any such pleading 11 H. 4. 39. Stanff 103. Crumpt 115. b. § 13. II. Lamb. 552. Touching this sort of Pardon Treason c. the Servant that had killed his Master was Indicted of voluntary Murther without proditoriè and was thereupon Arraigned and found Guilty but because the Offence was Pety Treason indeed and Pety Treason was then Pardoned by Parliament 5 Eliz. tho Murder was therein excepted Justice Welsh thought it meet to reprieve the Prisoner without giving Judgment upon him Dyer 235. pl. Crumpt 115. § 9. Relation III. Lamb. 552. A man stroke another in February 13 Eliz. whereof he died in June next following in which mean while all Felonies Offences Injuries and Misdemeanors were pardoned by Parliament and he was discharged by that Pardon because the stroke was the
Bayliffs Constables c. and other the faithful Ministers and Subjects of our said Soveraign Lord within the said County and to every of them sendeth Greeting Forasmuch as A. B. of c. Yeoman hath Personally come before me at A. c. and hath found sufficient Surety that is to say C. D. E. F. c. Yeoman either of the which hath undertaken for the said A. B. under the pain of XX li. and he the said A. B. hath undertaken for himself under the pain of XL li. that he the said A. B. shall well and truely keep the Peace toward our said Soveraign Lord and all his Liege People and specially towards G. H. c. Yeoman and also that he shall personally appear before the Justices of the Peace of our said Soveraign Lord within the said County at the next General Sessions of the Peace to be holden at M. there therefore on the behalf of our said Soveraign Lord I Command you and every of you that ye utterly forbear and surcease to Arrest take Imprison or otherwise by any means for the said occasion to molest the said A. B. and if you have for the said occasion and for none other taken or Imprisoned him that then you do cause him to be delivered and set at Liberty without further delay given at A. aforesaid under my Seal this Day of c. Anno c. This Supersedeas may also be in the Name of the King under the Test of the Justice of Peace thus Charles by the Grace of God c. to the Sheriff c. Greeting Forasmuch as A. B. hath come before T. F. Knight one of our Justices of the Peace within our said County and hath found c. we therefore Command you and every of you that ye forbear c. Witness the said T. F. c. XLIII Lamb. 99. Thus much of the Supersedeas Issuing from a Justice of the Peace the which ought to with-hold and stay the Proceeding of his fellow Justices in the said Cause in so much that if any Officer by any of their Warrants having this Supersedeas delivered unto him will nevertheless urge the Party to find new Surety for the Peace he may refuse to give it and if he be Committed to Prison for such his refusal he may as I think have his Action of False Imprisonment against the Officer upon the same XLIV Lamb. 99. I read 21 Ed. 4. 40. Peace Br. 17. that a Supersedeas proceeding out of the Chancery will discharge a Surety of the Peace taken before the Justices of B. R. much more then will a Supersedeas sent out of the Chancery or B. R. discharge a Precept for the Peace that is awarded from an Inferior Justice of the Peace and if the Justice of the Peace to whom a Supersedeas out of such an High Court shall be delivered will not thereupon surcease an Attachment may be Awarded against him for his contempt and he may be Imprisoned and Fined for it Crumpt 139. § 12. XLV Lamb. 99 100. It is good Counsel therefore F. N. B. 238. E. where he willeth the Justice of Peace after such a Supersedeas received to forbear to make any Warrant to Arrest the Party and if they have Awarded it then to make their own Supersedeas to the Sheriff and other Officers thereby Commanding them to surcease to put it in Execution XLVI Lamb. 100. Recognizance If the Justice of Peace deal in taking of the Recognizance of the Peace as a Judge and by vertue of his Commission § 5. then the number of the Sureties the Sum of the Bond their sufficiency in Goods or Lands the time how long the Party shall be bound and such other Circumstances are referred wholly to his own Consideration and if he be deceived in the ability of the Sureties he may compel the Party to put in others by Marrow for the Avoiding of which deceit also the Justices of C. B. 7 H. 6. 25. Did Examine the Ability of the Sureties upon their Oaths XLVII Lamb. 100 101. The Common manner is to take two Sureties besides the Party himself and good reason it is that those should be such as have their names registred in the Book of Subsidy for albeit that here and there some may be sufficient that were not Assessed to the King yet it standeth not well together that he should become bound to the King in X or XX li. that was not in the Subsidy found worth any thing at all and the Case may be such that Sureties only not the principal Party shall give the Bond for if the Peace be prayed against a Wife or an Infant under the years of Discretion they shall be bound by their Sureties only as was the Monk or Cannon 36 H. 6. 23. Surety Br. 9. Moign Br. 15. Dalt 171. cap. 69. XLVIII Lamb. 101. But if the Justice of Peace shall Command the Peace as a Minister in Execution of the Writ of Supplicavit Supplicavit then must he behave himself as the Writ it self directeth him and that hath not been alwayes after one manner for some Commandeth him to take sufficient Manucaptors in any pain or Sum to be reasonably set by himself so that he will be answerable for it at his own Peril and some willeth him to take sufficient Security in a Sum certainly prescribed unto him as C li. in all or every of them in XX li. as at large Register 89. Dalt 185. cap. 73. XLIX Lamb. 101 102. A Justice of the Peace saith Marrow Bail may take this Surety by a Gage or pledge which shall not be forfeited thereby but pawned only so that the Party shall under a certain pain keep the Peace which pawn he shall forfeit if he break the Peace Dal. 171. cap. 69. L. Lamb. 102. And by the Opinion of Marrow a Justice of the Peace may also take his Surety by an Obligation made to himself by the name of Justice of the Peace for so shall it be saith he ad usum Domini Regis but if it were made unto him without his name of Justice of the Peace then it could not be to the use of the King unless it had the words ad usum Domini Regis on the other side F. N. B. 81. D. holdeth that such an obligation taken to the King by a Justice of the Peace is nothing worth for a man cannot be bound to the King but only by matter of Record unless he will after come into a Court of Record and Confess it to be his Deed and pray that it may be Enrolled there 9 Ed. 4. 31. But the new Statute 33 H. 8. 39. § N. hath made a plain Law in these Cases that all Obligations and Specialties made for any Cause touching the King shall be in his own name by the words Domino Regi and to no other Person to his use The safe way therefore is to take his Surety by Recognizance as is commonly used and that also by the
1. Provided always that this Act nor any thing therein contained shall be hurtful or prejudicial to the Barons or other Inhabitants of the Five Ports or of their Members neither to any Grant Liberty or Franchis heretofore made by the King c. Or any his Progenitors Kings of England to the said Barons or other Inhabitants their Ancestors or Predecessors or any of them Cinque Ports LXXIII 22 H. 8. 12. § 9. N. 2. And that it be Enacted c. that all and every Mayor and Mayors and Bailiff and Bailiffs Electife and Elected by the Commons and Inhabitants of every Town and place of the said Ports and Members shall have like Authority within every such Town and place where they or any of them be or shall be Mayor or Baliff or Jurate to put or cause to be put this Act in due Execution as the Justices of Peace in any County of this Realm have or shall have Authority and power by this Act to do where they be Justices Cinque Ports LXXIV 22 H. 8. 12 § 9. N. 3. And that the Inhabitants within every Town within the said Ports shall be bounden to the Execution of this Act like as other Inhabitants be without the said Ports upon like pain as is above remembred Cinque Ports LXXV 22 H. 8. 12. § 9. N. 4. And if any person c. which shall Inhabit within the said Five Ports or Members be impotent or other Idle person do hereafter begg without the said Five Ports or Members of the same Contrary to this Act that then every such person shall be ordered and punished according to this Act any thing in this Proviso to the contrary notwithstanding Seals LXXVI 22 H. 8. 12. § 10. N. 1. And it is ordained and Enacted that the Seals above rehearsed shall be made at the costs and charges of the Justices of Peace Mayors Sheriffs Bailiffs and other Officers above written on this side the Feast of the Nativity of Saint John Baptist next comeing that is to say that every of them shall do the said Seals to be made within the limits of their Division Jurisdiction and Authority LXXVII 22 H. 8. 12. § 11. N. 1. And it is also Ordained and Enacted that every Letter to be made by the Authority of this Act License whereby any Impotent Begger shall be authorized and assigned to beg shall be made in this form ensuing LXXVIII 22 H. 8. 12. § 12. N. 1. Kanc ' ss Memorandum that A. B. of Dale License for reasonable considerations is Licensed to beg within the Hundred of P. K. and L. in the said County given under the Seal of that limit tali die anno LXXIX 22 H. 8. 12. § 13. N. 1. And that every such Letter that shall be made and delivered to such Begger or Vagabond License after he hath been Whipped by Authority of this Act shall be made in this wise following LXXX 22 H. 8. 12. § 14. N. 1. Kanc ' ss I. S. Whipped for a Vagrant License strange Begger at Dale in the said County according to the Law 22 day of July in the 23 year of King H. 8. was assigned to pass forthwith and directly from thence to Sale in the County of Middlesex where he saith he was born or where he last dwelled by the time of three years and he is limited to be there within fourteen days next ensuing at his peril or within such number of days as to him shall be limited by the discretion of the maker of the said Letter in Witness whereof the Seal of the limit of the said place of his punishment hereunto is set 39 Eliz. 4. § N. LXXXI 22 H. 8. 12. § 15. N. 1. And it is enacted that every such Letter shall be made at the equal costs of such the said Justices Mayors Sheriffs License Bailiffs or other Officers within whose Jurisdiction Powers and Authorities the said Begger and Vagabond shall be whipped or limited to beg in by Authority of this Act and every such Letter shall be subscribed with the hand of one of the said Justices Mayors Sheriffs Baliffs or other Officers in this form following per me A. B. unum Justiciariorum pacis or Majorem Civitatis or Ballivum villae or Constabularium talis hundredi or else in like form in English LXXXII 22 H. 8. 12. § 16. N. 1. And it is further Enacted Imprisonment that every such person c. As have the Custody of any Goals within any Shire City Borough or Town Corporate on this side the Feast of Saint John the Baptist shall do make a Seal engraven with the name of the Castle Prison or Goal which he keepeth LXXXIII 22 H. 8. 12. § 16. N. 2. And in Case any person Fees c. That at any time after the said Feast of Saint John shall be delivered out of any Goal or Prison for suspitions of Felony by Proclamation or be acquit of any Felony and hath no friends to pay his fees nor was born within the Hundred or place where he shall happen to be so delivered nor can get him no Master there to abide and work with shall have liberty to beg for his fees by the License of his Keeper by the space of six Weeks next after such deliverance and after that to be compelled to go to the Hundred where he was born or last dwelled by the space of three years within such time as shall be limited by one of the Justices of Peace Mayors Seriffs Bailiffs or any Officers where such deliverance shall be had 27 H. 8. 25. 26 § 6. LXXXIV 22 H. 8. 12. § 17. N. 1. And it is enacted that every such person so delivered shall have a Letter made to him by the Clerk of the Peace of the Shire within the which he was delivered License if he be delivered in the Shire and if he be delivered in any City Borough or Town Corporate then he to have a Letter of the Common Clerk of every such City Borough or Town where he is delivered every such Letter witnessing the day of his deliverance and the place where he was delivered and afore whom and the time appointed to him to beg for his fees and the place to which he shall be assigned to repair unto in case he can get no Master to fall to Work where he was delivered and to every such Letter the said Goaler or Keeper of Prison out of the which such person shall be delivered shall put the Seal limited to be made as is aforesaid for the said Prison and that every such Letter shall be made in this wise following License LXXXV 22 H. 8. 12. § 18. N. 1. Essex ' ss the 20 day of July Anno Regni Regis H. 8. 23. I. S. was delivered for Felony out of the Goal of Dale in the said County at the Sessions holden afore A. B. and his Fellows at Sale the day and year aforesaid
and to hold the said Slave to him his Executors or Assigns for the space of two years then next following and to order the said Slave as followeth that is to say to take such person adjudged a Slave with him and only giving the said Slave bread and water or small drink and such of meat as he shall think meet cause the said Slave to work by beating chaining or otherwise in such work and labor how vile soever it be as he shall put him unto 3 and 4 Ed. 6. 3. § 1. N. 2. Villenage CXLIV 1 Ed. 6. 3. § 2. N. 4. And if any manner of Slave either for loyterings or for the cause before rehearsed so adjudged shall within the space of the said two years here appointed run away depart or absent him from his said Master by the space of fourteen days together without License it shall not only be lawful to his said Master to pursue and search him again by vertue of this Act but also to punish such fault by chains or beating as is aforesaid Villenage CXLV 1 Ed. 6. 3. § 2. N. 5. And against the detainor if any man do willingly detain him knowing him to be a Slave as is aforesaid to have an Action of Trespass and recover thereby in dammages 10 l. besides the loss and charges of the suit for so detaining his said Slave Villenage CXLVI 1 Ed. 6. 3. § 2. N. 6. And further every such Master showing and proving by two sufficient witnesses the said offence and fault of his running away before two Justices of Peace of the same County whereof the one to be of the Quorum the same Justice shall cause such Slave or Loiterer to be marked on the Forehead or the ball of the Cheek with an hot Iron with the sign of an S. that he may be known for a Loiterer and a Runaway and shall adjudge the Loiterer and Runaway to be the said Masters Slave for ever Villenage CXLVII 1 Ed. 6. 3. § 2. N. 7. And if such Slave shall the second time run away or absent himself if the said Master shall prove the same second Running away with two sufficient witnesses before the Justice of Peace in their General and Quarter Sessions then every such fault and Running away to be adjudged Felony and such a Loiterer and Runnaway to be taken as a Felon and thereof being lawfully Indicted and attainted or otherwise condemned to suffer pains of death as other Felons ought to do CXLVIII 1 Ed. 6. 3. § 3. N. 1. Provided also and be it Enacted Clergy c. that no Clerk convicted shall hereafter make his purgation and upon such purgation be delivered and set at large otherwise than is in the Statute hereafter expressed CXLIX 1 Ed. 6. 3. § 4. N. 1. And be it further enacted Ordinary c. that every Clerk convict or hereafter to be convicted which should by the order of the Law enjoy the benefit of their purgation shall and may from henceforth find any man if they can who shall be bound with two sufficient Sureties to the Ordinary in the summ of 20 l. to the Kings Highness use to retain the said convict as his Slave and to keep the said person so convicted for the space of one year then next following that he shall not go abroad and at large and then the said convict shall be delivered to the said person so taking the same and being bound as is aforesaid to be his Slave for one whole year then next following by vertue of this Act in all such manner and form and to all such intents and purposes and with all such Orders Laws Conditions and penalties for Running away or other as is aforesaid of a Vagabond taken loytering and made a Slave burning in the brest only excepted and the Ordinary by the delivery of the said convict to such person being bound as is aforesaid to be of the keeping of the said convict clerely discharged and exonerated by vertue of this Act. CL. 1 Ed. 6. 3. § 5. N. 1. And if so be that the said Clerk so convict Bail cannot find any man to be bound as is aforesaid to whom he may be adjudged a Slave in the space of one year then at any time after the end of one year after his conviction it shall be lawful for the said Clerk convict to make his purgation as he might before this Estatute any thing in this present Act to the contrary notwithstanding CLI 1 Ed. 6. 3. § 6. N. 1. And where the Clerks convicted or attainted by the order of the Laws of this Realm cannot make their purgation Imprisonment and should perpetually by the same remain in prison Be it nevertheless enacted c. that if there be any manner of person who will at any time demand the same Clerk convicted or attainted and be bound to the Ordinary with two sufficient Sureties as is above written to keep the same as his Slave by the space of five years then next following that then the same shall be adjudged his Slave for like space with all such Orders Laws and Penalties for running away and other orders as is before expressed of a Vagabond adjudged to any man for a Slave the burning in the brest only excepted and upon the adjudgment delivered to such demandant the Ordinary from thenceforth of the keeping of such Clerk convicted or attainted clearely exonerated and discharged by vertue of this Act. CLII. 1 Ed. 6. 3. § 7. N. 1. And forasmuch as divers Women and Men go on Begging wayfaring Infant of the which some be impotent and lame and some able enough to labor which do carry Children about with them some four or five years of age or Younger or Elder which brought up in idleness might be so rooted in it that hardly they may be brought after to good thrift and labor CLIII 1 Ed. 6. 3. § 7. N. 2. Or if any Child above the age of five years and under the age of fourteen years Infant go idly wandring about as a Vagabond Infant CLIV. 1 Ed. 6. 3. § 7. N. 3. Be it Enacted c. that if any manner of person will take away such Child be it Male or Female of and from any such Begger being the Mother thereof Nourisher or Keeper whether they be willing or not or without any such Nourisher Mother or Keeper wandring and bring the said Child so taken away before one of the Constables of the Parish and two other honest and discreet Neighbours witnesses and before any Justice of the Peace there resiant and abiding and promise to bring the same Child up in some honest labor or occupation till he or she come to the age of twenty years the Woman Child or twenty four years the Man Child Infant CLV 1 Ed. 6. 3. § 7. N. 4. That then and immediatly the said Justice of Peace and Constable shall adjudge by virtue of this Act
that the said Vagabonds and other lewd persons before recited shall upon their apprehension be committed to the common Goal of the same Shire where they are so taken and apprehended and that in the most Shires of this Realm the Common-Goals are in such Towns where there be a great number of Poor people more than they are well able to sustain with their relief and in some Shires the Assizes are kept far distant from the place where the Common-Goals are by reason whereof the said Prisoners are like to famish for want of sustenance if they be not therefore provided Sessions CCCLXVIII 14 Eliz. 5. § 37. 2. N. 1. For remedy wherof be it therefore Enacted c. that it shall and may be lawful for the Justices of Peace of every Shire within this Realm at their General Quarter-Sessions of the Peace to be holden within the same Shires or the most part of the said Justices being then present to Rate and Tax every Parish within the said Shires at such reasonable summs of mony for and towards the relief of the said Prisoners as they shall think convenient by their discretions so that the said Taxation and rate doth not exceed above 6 d. or 8 d. by the week out of every Parish Church-wardens CCCLXIX 14 Eliz. 5. § 37. 2. N. 2. And that the Church-wardens of every Parish within this Realm for the time being shall every Sunday levy the same and once every Quarter in the year pay to the High-Constables or Head-Officers of every Town Parish Hundred Riding or Wapentake within this Realm all such summs of mony as their Parish shall berated and taxed for and towards the relief of their said Prisoners within their said several Parishes Lambert 467. 468. Constable CCCLXX 14 Eliz. 5. § 37. 2. N. 3. And that the said High-Constables and Head-Officers and every of them shall pay all such summs of mony so to them paid by the said Church-wardens at every General Quarter Sessions to be holden within the said several Shires to such sufficient persons dwelling nigh the said Goals as shall be appointed by the said Justices in their said open Quarter Sessions to be there ready to receive the said mony so Collected as is aforesaid Imprisonment CCCLXXI 14 Eliz. 5. § 37. 2. N. 4. And that the Collectors for the said Prisoners shall weekly distribute and pay all such summs of mony as they and every of them shall receive for the relief of the said Prisoners as aforesaid Church-wardens CCCLXXII 14 Eliz. 5. § 37. 2. N. 5. Upon pain as well the said Church-wardens of every Parish Constables and Head-Officers of every Hundred or Wapentake as also the said Collectors appointed for the Collection and contribution of the said Prisoners so making default as is aforesaid to forfeit 5 l. the one moity therereof shall be to the use of the Queens Majesty her Heirs and Successors and the other moity to the relief of the Prisoners any Statute law custom use or other thing to the contrary in any wise notwithstanding Corporation CCCLXXIII 14 Eliz. 5. § 38. 3. N. 1. Provided always that the Justices of Peace within any County of this Realm or Wales shall not intromit or enter into any City Borough Place or Town-Corporate for the Execution of any Branch Article or Sentence of this Act for or concerning any offence matter or cause growing or arising within the Precincts Liberties or Jurisdictions of such City Borough Place or Town-Corporate but that it shall and may be lawful to the Justice and Justices of the Peace Mayor Bailiffs and other Head-Officers of those Cities Boroughs Places and Towns-Corporate where there be Justice or Justices to proceed to the Execution of this Act within the precinct and compass of their Liberties in such manner and form as the Justices of Peace in any County may or ought to do within the same County by vertue of this Act any matter or thing in this Act expressed to the Contrary thereof notwithstanding CCCLXXIV 14 Eliz. 5. § 39. 4. N. 1. And that every Justice and Justices of Peace within every such City Borough Justices Place and Town-Corporate for every offence by them or any of them to be committed contrary to the intent and meaning of this Statute shall be punishable and chargeable as other Justices of Peace at large in the Counties are by this Act above appointed to be CCCLXXV 14 Eliz. 5. § 40. N. 1. Provided always and be it further Enacted c. that if it shall chance any City or Town Corporate Corporation to have in it more Poor folks than the Inhabitants thereof shall be able to relieve that in such case upon Certificate thereof made and of the number and names of persons with which they be so surcharged unto the Justices of Peace of the County in which such City or Town-Corporate shall lie and be Situate at their Quarter Sessions of the Peace by two Justices of Peace of the said County and the Mayor or other Head-Officer of the same City or Town-Corporate the Justices may by their discretions in the same Sessions take order appoint and cause the same Poor folks so Certified to be provided for and be relieved by giving of Licence to beg or otherwise in some other place or places of the said County out of such City or Town-Corporate so surcharged CCCLXXVI 14 Eliz. 5. § 41. N. 1. Provided always that this Act or any thing therein contained shall not extend to the Poor people Hospitals for the time being in the Hospital called Saint Thomas Hospital otherwise called the Kings Hospital in the Borough of Southwark near adjoyning to the City of London but that the Mayor Commonalty and Citizens of the said City of London for the time being shall and may only have the rule order and Government of the said Hospital and of the Poor people therein for the time being any thing in this Act to the contrary notwithstanding CCCLXXVII 14 Eliz. 5. § 42. N. 1. Provided alway that this Act or any thing therein contained or any Authority thereby given Games shall not in any wise extend to disinherit prejudice or hinder John Dutton of Dutton in the County of Chester Esq his Heirs or Assigns for touching or concerning any Liberty Previledge Preheminence Authority Jurisdiction or Inheritance which the said John Dutton now lawfully useth or hath or lawfully may or ought to use within the County Palatine of Chester and the County of the City of Chester or either of them by reason of any Ancient Charters of any Kings of this Land or by reason of any prescription or other lawful usage or title whatsoever CCCLXXVIII 14 Eliz. 5. § 43. N. 1. This Act to indure for seven years and from thence to the end of the next Parliament Continuance then next following 18 Eliz. 3. § 14. N. 1. Crompt 97. b. CCCLXXIX Crompt 154. b. Nor shall Bail be received
at the least with sufficient sureties to the good behaviour for that his so long obstinacy besides the other Penalties 23 Eliz. 1. § 5. N. 2. Crompt 13 b. 144. Justices C. Lambert 197. Any Justice of Peace within the County in which any Jesuit Seminary Priest or other Priest Deacon or Religious or Ecclesiastical Person mentioned in this Statute shall arive or land may within three days after take the Submission Oath and Acknowledgment of him touching his Obedience to the Kings Majesty and to his Laws and Ordinances provided in Cases of Religion 27 Eliz. 2. § 10. N. 1. supra Dalt 104. cap. 45. Notice CI. Lambert 197. 198. And every Subject having understanding that any such Jesuit Seminary Priest or other the abovesaid shall be within any the Kings Dominions contrary to the meaning of this Statute ought to discover the same to some Justice of Peace or other higher Officer within twelve days after such his knowledge under the pain of a Fine and Imprisonment and that Justice of Peace ought within 28 days after such discovery made unto him to give Information thereof to one of the Kings Privy Council under the pain of CC Marks 27 Eliz. 2. § 13. N. 1. Crompt 45. Dalt 104 105. cap. 45. Forfeiture CII Lambert 198. The Party that doth first discover to any Justice of Peace any Recusant or other entertaining or relieving any Jesuit Seminary or Popish Priest or any Mass to have been said and any of them that were present thereat within three days after the Offence and by reason of his discovery any the Offenders be taken and Convicted shall be freed from danger of the Offence if he be an Offender therein and have the third part of the Forfeiture by such Offence 3 Iac. 5. § 1. N. 3. Dalt 105. cap. 45. Oath CIII Lambert 333 334. Any two Justices of Peace may require any Popish Recusant not making Submission according to this Statute to abjure the Realm upon his Corporal Oath before them 35 Eliz. 1. § 2. N. 1. Dalt 104. cap. 45. infra Justices CIV Lambert 334. Any two Justices of Peace of the County where he shall arive may take the Submission of a Person reconciled to the See of Rome within six days after such persons return into this Realm and minister the Oath 1 Eliz. 1. § 19. N. 4. of Supremacy and of Allegiance and are to certifie the same Oaths so taken at the next Quarter-Sessions upon pain of Forfeiture of Forty pounds 3 Iac. 4. § 24. N. 1. Process CV Lambert 334. Any two Justices of Peace may search the Houses and Lodgings of every Popish Recusant Convict or of every person whose Wife is a Popish Recusant Convict for Popish Books and Relicks of Popery And if any Altar Pix Beads or Pictures or such like Popish Relicks or Books be found as in the opinion of the said Justices shall be thought unmeet for such Recusant to have and use the same they shall be presently defaced and burnt being meet to be burnt And if a Crucifix or other Relick of any Price the same is to be defaced at the General Sessions of the Peace and restored to the owner 3 Iac. 5. § 26. N. 1. Lambert 607. Dalt 108. cap. 45. CVI. Lambert 118. Moreover Bail it seemeth to me that all these Statutes viz. 23 Eliz. 1. § 5. N. 2. c. have this one meaning that a Party so bound may afterward forfeit his Recognisance if he eftsoons offend against the said Statutes CVII Lambert 224. Justices The Treason 1 Eliz. 1. § N. of extolling And 23 Eliz. 1. § 2. absolving or withdrawing Subjects from Obedience and 13 Eliz. 2. § 2. N. 1. of putting in ure Instrument of Reconciliation to Rome are publick Felonies that concern the King and Justices of Peace can only enquire and receive Indictments Lambert 506. Infra Crompt 192. CVIII Lambert 495 496. Ecclesiastical Causes enquirable in Sessions Rome 1. If any Person have within this half year by writing printing teaching preaching express deed or act advisedly maliciously and directly affirmed held set forth or defended the Authority Preheminence Power or Jurisdiction Spiritual or Ecclesiastical of any foreign Prince or Person whatsoever heretofore claimed used or usurped in this Realm or any the Kings Dominions Crompt 124 192. 2. Or have advisedly maliciously or directly put in use or executed any thing in the extolling setting forth or defence of any such pretended or usurped Jurisdiction Preheminence or Authority or any part thereof Crompt 15. 3. Or if any Person compellable to take the Oath of Recognition of the Kings Majesty to be Supream Governour in all Causes within his Dominions have refused to take the said Oath Oath after lawful tender thereof to him made 1 Eliz. 1. § N 5 Eliz. 1. § N. enquirable by words of 23 Eliz. 1. § 8. N. 1. 4. Lambert 496 497. Treason If any Person under the Kings Obedience have at any time within this year by writing cyphering printing preaching or act advisedly holden or stood with to extoll or defend the Power of the Bishop of Rome or of his See heretofore claimed or usurped within this Realm Crompt 15. 5. Or by any Speech open Deed or Act advisedly attributed such manner of Authority to the said See of Rome or to the Bishop thereof within any the Kings Dominions ye shall present him his Abetters Procurors Counsellors Aiders and Comforters 5 Eliz. 1. § 2. N. 2. Crompt 15 b. 6. If any Person have by any means practised to absolve perswade or withdraw any other within the Kings Dominions from their natural Obedience or for that Intent from the Religion now established here to the Romish Religion or to move them to promise obedience to the See of Rome or other Estate Crompt 17 b. 18. 7. Or if any Person have been willingly so absolved or withdrawn or have promised such obedience 23 Eliz. 1. § 2. N. 5. Crompt 14 b. 18 a. 8. And if any Person have willingly aided or maintained any such Offender or knowing such offence have concealed it and not within 20 days disclosed it to some Justice of Peace or other higher Officer 23 Eliz. 1. § 3 N. 1. Crompt 14 b. 18. 9. If any Subject of this Realm have after the Tenth day of June 1606. gone out of this Realm to serve any foreign Prince State or Potentate Or have after the Tenth day passed over the Seas and there hath voluntarily served any such foreign Prince c. not having taken the Oath expressed 3 Iac. 4. § N. before the Customer and Comptroller of that Port Haven or Creek where he had Passage 10. If any Gentleman or Person of higher Degree or any Person which hath born any Office Place or Charge in any Camp Army or Company of Souldiers or Conductor of Souldiers have gone voluntarily out of the Realm to serve any foreign Prince State or Potentate before he became
Recordare and Removal see Certiorati Regrator see Market overt Relation see Days Release see Peace Recognizance Religious Houses see Abbe Religion Church Divine Service Preachers Encumbent Pope Quakers Common Prayer Sacraments Sabbath I. LAmbert 118. Recognizance Moreover it seemeth to me that all these Statutes 1 Mar. 1. St. 2. cap. 3. § 4. N. 3. which gave this Surety of good Abearing against such as disturbed a Preacher c. have this one meaning that a Party so bound may afterwards forfeit his Recognizance if he Eftsoons offend against the said Statutes II. Lambert 195. Church If any Offender contrary to the Statute 1 Mar. 1. St. 2 cap. 3. § 5. N. 2. provided against the Disturber of any Preacher shall be Arrested and brought before a Justice of Peace then he upon due Accusation thereupon to be had by the said Arrester or other Person shall forthwith Commit the party so taken to safe Custody by his Discretion 2. But enquire if 1 Mar. 1. St. 2. cap 3. § 5. N. 2. be not repealed by 1 Eliz. 2. § 27. N. 1. in general words Lambert 411. and Crompt 14. III. Crompt 14. Ecclesiastical Persons Enquiry at Sessions upon 1 Mar. 1. St. 2. cap. 3. § 2. N. 1. If any Voluntarily and of purpose by overt act word or deed malitiously or contemptuously hath molested or troubled or by any other unlawful ways or means disquieted or misused any Preacher lawfully Authorized or other Person Charged by Reason of his Spiritual Promotion or Charge in any his overt Sermon Preaching or Collation in any Church Chappel Church-yard or other place used or to be appointed every such Offender in the Premisses his Aiders Procurers and Abettors shall be committed to the Goal by three Months without Bail or Mainprise and shall remain there from thence untill the next Quarter-Sessions to be held within the same County City or c. at which Sessions upon his Reconciliation and Repentance in this behalf before the Justices at the said Sessions he shall be delivered and shall be bound to his good behaviour for a year and if he will not he shall remain there untill he will Dalt 192. cap. 41. 2. This Statute 1 Mar. 1. St. 2. cap. 3. § 2. N. 1. As to the said matter is not repealed as it seemeth for the Statute containeth divers several matters and so is as Divers Statutes as Com. 65. as it seemeth Lambert 411. Quaere infra IV. Dalt 102. cap. 41 And yet Sir Nicholas Hide at Bury Lent-Assises 1629. delivered it as I am credibly informed that 1 Mar. 1. St. 2. cap. 3. was wholly repealed by 1 Eliz. 2. § 27. N. 1. Process V. Lambert 333. 334. Within six days after Accusation had that any Person hath disturbed a Preacher and after his Committing to safe Custody by one Justice of the Peace one other Justice of the Shire must joyn with him in the Examination of the Offender and may proceed to find him Guilty by his own Confession or by two Witnesses and thereupon Commit him to the next Goal for three Months 1 Mar. 1. St. 2. cap. 3. § 5. N. 3. ask of the Continuance of this Statute Slander VI. Lambert 411. 412. Enquiry at Sessions if any person have within these three Months by contemptuous or reviling words or have advisedly in any otherwise depraved despised or reviled the blessed Sacrament of the Body and Blood of Christ 1 Ed. 6. 1. § 1. N. 6. revived 1 Eliz. 1. § 14. N. 1. Crompt 12. Justices VII Lambert 361. It seemeth that three such Justices viz. Quorum unus may out of the Sessions take Information and Accusation by the Oaths of two honest Persons against such as shall deprave the Sacrament of the Body and Blood of our Lord and Saviour Jesus Christ against the Statute and Examine them what other Witnesses were then by and to bind them all by Recognizance to give in Evidence at the day of Tryal 1 Ed. 6. 1. § 1. N. 7. But enquire of this matter Dalt 133. 134. cap. 49. Sessions VIII Crompt 124. The Justice of Peace shall enquire at every of their general Quarter-Sessions of those that speak irreverendly of the Sacrament of the Body and Blood of our Lord Jesus Christ 1 Ed. 6. 1. § 1. Process IX Lambert 516. Some other Statutes there be also that have extended the Authority of the Justices of Peace in sending Process beyond the Bounds of their own Commission for by 1 Ed. 6. 1. § 3. N. 1. three Justices of the Peace the one being of the Quorum may make Process against such as be thereupon Indicted for depraving the Sacrament by two Writs of Capias and the Exigent and by Capias Vtlagatum into any place within the Kings Dominions Church X. Lambert 197. Enquiry at Sessions if any Person above sixteen years of Age do by the space of twelve Months forbear to repair to some Church Chappel or usual Place of common Prayer contrary to the tenor of 1 Eliz. 2. § 14. N. 1. then any Justice of Peace of the County where such Offender shall dwell or be may make Certificate thereof in writing in B. R. to the end that the Offender may thereupon be bound in CC l. at the least with sufficient Sureties to the Good-behaviour for that his so long obstinacy besides the other penalties 23 Eliz. 1. § 5. N. 2. Crompt 13 b. Encumbent XI Lambert 412. 413. Enquiry at Sessions if any Person Vicar or Minister have refused to use the Common Prayers or to Minister the Sacraments according to the Book of Common Prayers 1 Eliz. 2. § 4. N. 1. Crompt 130 a. infra 2. Or wilfully standing in the same have used any other form in open Prayers or in Administration of the Sacraments or have spoken any thing in derogation of the said Book or any part thereof 1 Eliz. 2. § 4. N. 2. 3. Crompt 12 b. 13 a. 3. Or if any Person have in any Play Song or Rhime Slander or by any open word spoken in derogation of the said Book or of any thing therein contained or have caused or maintained any Parson Vicar or Minister to say any Common Prayer or to Minister any Sacrament in any other manner than after the said Book 1 Eliz. 2. § 9. N. 1. Crompt 13 a. 4. Or have interrupted any Parson Vicar or Minister to say open Prayer or to Administer any Sacrament according to the same Book 1 Eliz. 2. § 9. N. 3. 5. If any Person being above sixteen years of Age and not having lawful and reasonable Excuse to be absent have not repaired and resorted unto his or her Parish Church or Chappel accustomed or upon let thereof to some usual Place where Common Prayer is to be used upon every Sunday and other Holy-day and have not there orderly and soberly abiden during the time of such Common Prayer Preaching or other Service of God and how long such Person
Piece of Timber away will use dreadfull words as to say that he will carry it in spight of him that hath it or that he will have it though he dye for it or such like his doing may then become a Riot by Marrow Crompt 61 b. § 8. IV. Lambert 178 179 180. Furthermore the Intention and purpose of those that be Assembled is worthy the weighing for to use Horns on Midsomer-night in London or on May-day in the County for sport only is no such Offence seeing no terror followeth it and the words in terrorem populi seem to be material in an Indictment of this kind Crompt 61. § 7. 64. § 43. 3 H. 7. 1. Riots Br. 2. 2. So if the Sheriff or his Bailiff do levy People to serve the Kings Writ of Capias or if a Constable do gather Assistance of Men with weapon to part an Affray it maketh no Riot 3 H. 7. 1. 10. 3. So if a Man hearing that another will fetch him out of his House and beat him do assemble company with force it will be no unlawfull Assembly for his House is his hold and Castle Crompt 64. pl. 42. 70. pl. 2. Dalt 217. cap. 85. 4. But if he be only threatned that he shall be beaten if he go to the Market then may he not assemble Company for his aid because he needeth not to go thither and he may provide for himself by Surety of the Peace 21 H. 7. 39. per Fineux 5. And if many be assembled and none of them knoweth to what end it can make no Rout nor Riot as Marrow thought till the Intent be known for if the Master intend to make a Riot and take his usual Servants with him not foretelling them what he intended to do and then committeth an Outrage with them this is no Riot in them for although he shall be punished they shall be Excused But otherwise it is if he make them privy to his purpose for then they also shall be punished by Marrow and Reported by Dalison Crompt 61 b. 62. § 13. And in the former Case it is not material whether his number of Servants be above his degree or no so long as they be his Menials or Household men Dalison Dalt 220. cap. 86. 6. If many be at an Alehouse a Christmas-Dinner or Church-Ale and without any intent of an Affray they sodainly fall together by the Ears and make it Lapitharum Convivium yet this is no Riot but a sodain Affray because they had no such Intention Crompt 61 b. § 12. But if in that Affray they shall be taken themselves to sundry parts it may become a Riot as Marrow thinketh for then it is not the first but a new Assembly as it were in his meaning 7. And if twelve Jurors being committed to their Keeper do fall out and fight six against six this maketh no Riot saith Marrow because they were lawfully Assembled and were compelled to be in company together 8. But if a number of Women or Children under the Age of Discretion do flock together for their own Cause this is none Assembly punishable by these Statutes unless a Man of Discretion moved them to assemble for the doing of some unlawfull act as M.E. Marrow writeth Dalt 222. cap. 88. Yet I remember well that not many years ago sundry Women were punished in the Star-Chamber and that worthily because putting off that shamefastness which beseemeth their Sex they Arraied themselves in the Attire of Men and assembling in great number they most riotously pulled down a lawful Inclosure Crompt 62. infra 9. Finally Marrow noteth that if the Mayor and Commonalty of a Town do Assemble and make a Rout in their Common Quarel this Offence shall be Judged and punished in their Natural Persons and not in their Body Politick Crompt 62. § 18. V. Lambert 167 168. The Stat. 2 Ed. 3. 3. of Northampton is of late days frequently put in ure for the punishment of forcible Entries Crompt 71 b. 72 a. Poult de Pace 40. § 28. 2. That Law 2 Ed. 3. 3. in Effect and for this purpose is thus No Man whatsoever except the Kings Servants and Ministers in his Presence or in Executing his Precepts or their Offices and such as shall assist them and except it be upon loyal Proclamation made for Arms to keep the Peace and that in places where such Acts do happen be so hardy to come before the Kings Justices or other his Ministers doing their Office with force and Arms. 2 Ed. 3. 3. § 1. N. 2. Nor bring any force in Affray of the Country 2 Ed. 3. 3. § 1. N. 3. Nor go nor ride Armed by night or by day in Fairs or Markets or in presence of the Justices or other Ministers nor in any place elsewhere upon pain to forfeit his Armor to the King and his Body to Prison at the Kings pleasure 3. Upon this Statute 2 Ed. 3. 3. 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 Chancery either to the Sheriff only as F. N. B. 249. E. rehearseth it for I find it not in the Register or else Custodibus pacis ac Vicecomitibus eorum cuilibet as the common manner is 4. Commanding that Proclamation be made upon 2 Ed. 3. 3. and that if any be afterwards found offending against the same they shall be committed to Prison there to remain untill some other commandment be given concerning them and that their Armor and Weapon shall be prised and the same answered to the use of the Kings Majesty VI. Lambert 168 169 170. But forasmuch as that Justice 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 think good to lend these few helps towards it 2. At his coming to the Place where the force is supposed by the Writ he may cause three Oyes for Silence to be made with this or such another Proclamation The Kings Majesties Justice of his Peace straitly chargeth and in his Majesties Name Commandeth all and every Person to keep Silence whilst his Majesties Writ upon the Statute made at Northampton in the second year of King Edw. 3. his noble Progenitor delivered to the said Justice be read and Proclamation be thereupon made accordingly Crompt 72 Ab. 3. Then may he read the Writ or declare the Effect thereof in English After that let three other Oyes be made and thereupon may this Proclamation follow His Majesties said Justice doth in his Highnesses name and by vertue of his said Writ straitly charge and command that no manner of Person of what Estate degree or condition soever now being within the House of A. B. c. named in the said Writ shall go Armed nor keep force of Armor or Weapon nor do any thing there or elsewhere in disturbance of his Majesties Peace or in Offence of the said Statute upon the
to take the Declaration of any Person that being moved to any such assembly will within 24. hours after reveal the same unto him XLI Lambert 360. Three Justices of the Peace one of them being of the Quorum may discharge out of Prison any Person committed thither for his Offence in not declaring to a Justice within 24 hours that he was moved to joyn in any unlawful Assembly contrary to the Statute 1 Mar. 1. St. 2. cap. 12. and 1 Eliz. 16. XLII Lambert 367. That Justice of Peace that doth not after request thereof made give attendance upon the Kings Lieutenant of the Shire for the suppressing of any Rebellion or unlawful Assembly shall suffer a years Imprisonment unless there be Cause of reasonable Excuse 1 Mar. 1. St. 2. cap. 12. § N. and 1 Eliz. 16. XLIII Lambert 420 421 422. Enquiry at Sessions if any Persons of or above the Number of twelve have been assembled and have intended gone about and practised with force of Arms unlawfully to change any Laws of this Realm or to cut or cast down any inclosure of Park or inclosed Ground or the Banks of any Fish-pond or any Conduit head or Pâ—pe to the intent they should lay open or void or to have any Common or Way there or to destroy the Deer or Conies in any Park or Warren or Dâ—ve houses or Fish in Pool or in Pond Or to cut down any Houses Baâ—â—s Mills or Bays or to burn any Stack of Corn or Grain or other usual Sustenance of men And being commanded by the Sheriff or any Justice of the Peace of the Shire or by the Mayor Sheriff Justice of Peace or Bayliff of the City Borough or Corporate Town where the Assembly was by Proclamation in the Kings Name to depart to their Houses have notwithstanding continued together one hour after or have after that forcibly attempted to do any such thing 2. And if any Person have unlawfully by ringing of Bells Sounding of Trumpet Drumm Horn or other Instrument or by firing of Beacon or by Malitious Speech or Outcry or by Setting up or casting any writing or by any other Act raised or caused to be raised twelve Persons or above in such manner and to any such intent as is aforesaid and they being commanded by Proclamation as before have nevertheless continued together one hour after or have afterward attempted forceably to do any of the said things 3. And if any the Wife or Servant of any the said Assembled Persons or if any other Person have willingly and without compulsion delivered or conveyed Mony Harness Weapon or Victual to any of the said Persons Assembled during their abode together as before 4. and if any Person have hindred or hurt any that did Proclaim or went to Proclaim as before and if any of the Parties Assembled knowing of that hinderance or Procuring it have nevertheless afterwards committed or put in ure any the things aforesaid 5. And if any Persons to the Number of Forty or more so have assembled to the intent to do any the said things or any other Felonious or Rebellious Act and have continued together three hours after such Proclamation made at or nigh the place of Assembly or in some Market Town next adjoyning and after notice to them thereof given 1 Mar. 1. St. 2. cap. 12. § N. 1 Eliz. 16. XLIV Lambert 439. Enquiry in Sessions if any Persons to the number of three or above have been riotously Assembled to beat any man to enter upon a Possession or to do any such unlawful Act and have done it indeed or attempted to do it or have been assembled together in Routs for any common Quarrel or otherwise unlawfully against the Kings Majesties Peace 2 H. 5. 8. Commission under the name of Conventicles 2. If any Persons above the number of two and under twelve being assembled have intended unlawfully with force to murder or slay any of the Kings Subjects or to cut and cast down any inclosure or Banks of any Fish-pond or Conduit-head or Pipe or to do any the deeds mentioned in unlawful Assemblies before 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. § N. and have not departed upon Proclamation but have attempted to do any of these things 3. Or if any Person being moved to make any Rebellious Assembly have not within 24. hours after disclosed the same to a Justice of Peace or to the Sheriff or if any Person have stirred or procured any other to make such Assembly 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. Crompt 168. Ab. XLV Lambert 605. The Act of Rebellious Assemblies or the effect thereof ought to be openly read at every Quarter-Sessions 1 Mar. 1. St. 2. cap. 12. 1 Eliz. 16. XLVI Lamb. Precedents 13. pl. 34. An Endictment upon a Rebellious Assembly Juratores pro Domino Rege presentant quod primo die Mensis Octobr. Anno Regni Domini Jacobi c. A. B. C. E. F. c. to the Number of 13. with Additions apud quendam locum infra Parochiam de O. in Com. predict ' Angl ' vocat ' le Old Court inter horas decimam undecimam ante meridiem ejusdem diei Vi Armis tam invasivis quam defensivis viz. Gladis Pugionibus Baculis Arcubus Sagittis Runicis ferre Ferreis Tormentis seipsos Congregaverunt Assemblaverunt ac tunc ibidem intenderunt conati sunt Practicaverunt Vi Armis illegitimè ex authoritate sua propria secare prorsus evertere prosternere ac destruere quoddam caput unius Aquaeductus Angl ' vocat ' a Conduit-head tunc ibidem in fundo cujusdam R. S. de O. predict ' in Com. predicti Generosi existent ' cursum aquae in ipso habens ea intentione ut idem caput Aquaeductus predict ' ex tunc apâ—rtum vacuum remaneret ac Jaceret Et ulterius quod super querimonia inde sacta coram T. W. uno Justiciariorum Pacis dicti Domini Regis in Comitatu predict ' omnes singuli predict ' A. B. C. D. E. F. c. tunc ibidem per eundem Justiciarium requisiti sunc ac jussi per Proclamationem in nomine dicti Domini Regis tunc ibidem per eum palam factam ad habitationes Loca Domos suas unde venerant se inde in Pacifico modo tetrahere retirare discedere reverti quae quidem Proclamatio tunc ibidem modo forma sequentibus habita facta est viz. predict ' T. W. Justiciarius tunc ibidem fecit alta voce unam Oyes ad tunc ibidem immediate haec verba Anglicana sequentia Palam alta voce pronunciavit dicens scilicet The King our Soveraign Lord chargeth and commandeth all Persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawfull Business upon the pains contained in the Act lately made against unlawfull and Rebellious Assemblies and God save the King Et ulterius Juratores
1. § 30. N. 1. The Treason of putting in ure any Instrument of Reconciliation gotten from the See of Rome 13 Eliz. 2. The Treason of absolving or withdrawing his Majesties Subjects from their natural Obedience 23 Eliz. 1. Dalt 228. cap. 89. II. Lambert 405 406 407. tit Pope Enquiry in Sessions if any Person have within this half year by writing printing teaching preaching express deed or act advisedly maliciously and directly affirmed holding set forth or defended the Authority Preheminence Power or Jurisdiction Spiritual or Ecclesiastical of any Foreign Prince or Person whatsoever heretofore claimed used or usurped in this Realm or any the Kings Dominions 2. Or have advisedly maliciously and directly put in use or executed any thing to the extolling setting forth or defence of any such pretended or usurped Jurisdiction Preheminence or Authority or any part thereof 3. Or if any Person compellable to take the Oath of Recognition of the King's Majesty to be Supream Governour in all Cases within his Dominions have refused to take the said Oath after lawful tender thereof to him made 4. If any Person under the King's Obedience have at any time within this year by writing cyphering printing preaching or act advisedly holden or stood with to extoll or defend the Power of the Bishop of Rome or of his See heretofore claimed or usurped within this Realm 5. Or by any speech open deed or act advisedly attributed such manner of Authority to the said See of Rome or to the Bishop thereof within any the King's Dominions ye shall present him his Abettors Procurors Counsellors Aiders and Comforters 5 Eliz. 1. 6. If any Person have by any means practised to absolve perswade or withdraw any other within the King's Dominions from their natural Obedience or for that intent from the Religion now establisht here to the Romish Religion or to move them to promise Obedience to the See of Rome or other Estate 7. Or if any Person have been willingly absolved or withdrawn or have promised such Obedience 23 Eliz. 1. 8. And if any Person have willingly aided or maintained any such Offendor or knowing such Offence have concealed it and not within the twenty days disclosed it to some Justice of Peace or other higher Officer 23 Eliz. 1. III. Lambert 506. And therefore Justices of Peace may only Enquire of certain the Offences against 1 Eliz. 1. 2. 5 Eliz. 1. 13 Eliz. 2. touching the knowledging the King's Supremacy or the Service of God or coming to the Church or the establishment of true Religion as you may see 23 Eliz. 1. Dalt 54. cap. 20. 2. And they may only Enquire of any the Treasons or Misprisions of Treasons made by the same Act 23 Eliz. 1. Coron Fitz. 360. Br. 257. 9 H. 4. 1. pl. 1. IV. Crompt 21. pl. 3. Nota That the Justices of Peace may Enquire of Murder or Petty Treason because their Commission § 6. is De omnibus Feloniis see 6 H. 7. 5. pl. 4. tit Coron 31. Leet Br. 12. 2 Inst 31â— Dalt 234. cap. 91. V. Poult de â—â—ce 173. § 10. That 33 H. 8. 23. § N. is Repealed by 1 2 Phil. Mar. 10. § N. touching the Indictment and Trial of Traitors for they are to be indicted and tried in the County where the Offence was Committed or by the Freeholders of that County according to the Course of the Common Law notwithstanding that they have confessed their Offences before three of the King's Counsel Trespass Affray Peace Force Riot Maihem I. LAmbert 424. Enquiry at Sessions If any Person have maihmed another of any Member whereby he is the less able to fight as by putting out his eyes striking off his hand finger or foot beating out his fore-teeth or breaking of his skull and of their Accessories 2. If any have Committed unlawful Assault beating wounding or such like Trespass against the Body of any Man 3. Or have with Force and against the Law taken the Goods of another or have done any Trespass in the Lands of another this is in the Commission of the Peace II. Lambert 301 302. The Justice of Peace where the Hedge or Pale-breaker cutter of Corn or Wood robber of Orchard or Garden and such like is apprehended or the Offence is committed may upon the Testimony of one sufficient Witness upon Oath cause the Offender to pay Damages and to be whipped by the Constable 43 Eliz. 7. Dalt 21. cap. 6. Crompt 96. Trials see Proof Troop see Riot Travellers see Ways Treasure see Money Truce see Admirals Trunks see Fish Tumults see Riot Turn see Sheriffs Vagabonds and Vagrants see Poor Venire Facias see Enquest Process Vessels see Measures Victuals I. LAmbert 448 449 451. Enquiry in Sessions if any Butcher Fishmonger Innholder Tipler Brewer Baker Poulterer or other Seller of Victual have not sold the same at reasonable prices and for moderate gains 23 Ed. 3. 6. 13 Rich. 2. 8. 2. If any Butchers Bakers Brewers Poulterers Cooks Fruiterers or any Mystery of any of them have conspired or taken any Oath or Promise not to sell but at prices certain agreed between them 2 3 Ed. 6. 15. 3. If any Butcher have sold or offered to sell Swines-flesh meezled or any Flesh that died of the Murrain or if any other Victualler have sold or offered to sell any corrupt or unwholsom Victual 51 H. 3. pag. 13. cap. 7. § 3. N. 1. infra Crompt 87 b. 4. If any Person have bought to sell again any Butter or Cheese unless it be in open Fair or Market by retailing it after the weigh of Cheese and Barrel of Butter or after a less quantity or unless it be Victuallers for that which shall be retailed or spent in their Houses 3 4 Ed. 6. 21. 5. If any Innholder Taverner Alehouse-keeper Common Victualler Common Cook or Common Table-keeper hath uttered or put to sale any kind of Flesh Victual upon any day in the time of Lent or upon any Sunday Saturday or other day appointed by former Law to be Fish-day not being Christmas-day except it be to such Person as resorting to such House had lawful Licence to eat the same according to the Statute thereof made 5 Eliz. 5. § 14. N. 1. 6. If any Person other than by reason of Age Sickness Childing or Licence have within this year eaten Flesh in Lent or upon any Fish-day observed by the Custom of this Realm 5 Eliz. 5. § 15. 35 Eliz. 7. 1 Jac. 29. II. Crompt 87 b. Enquiry in Sessions of Butchers that sell Swine-flesh meezled or Flesh that dieth of the Murrain for the first time he shall be grievously Amerced for the second time shall be put on the Pillory and for the third Offence shall be imprisoned and make a Fine and the fourth time he shall forejudge the Vill 31 Ed. 1. Incert ' temps pag. 85. cap. 7. de Pistoribus Braceatoribus c. Justice of Peace may Enquire of this Offence by their Commission
Green-wax See Process and Seals H HAbeas Corpus See Imprisonment Hares See Forest Harvest See Poor Hawks See Fowl Hay and Oats See Corn Hostler Hearing See Justices Tryal Hedge-breakers See Trespass Herring See Fish High-wayes See Wayes Homicide See Coron Horses See Cattle Horse-bread See Corn. Hospital See Poor Horn See Trades Hunting See Forrest Husband See Bar. Feme Hue and Cry See Fresh Suit Hand Guns See Games and War Shooting Harborers see Hostler Houses of Correction See Poor Harness See War Hundred See Franchises Sheriffs Constable Hydes See Leather Headboroughs See Constable Husbandry Hatts See Apparel Hearth-money See Taxes Hostler I JEsuits See Pope Indictments Information See Action â—ur Statute Ingrossing See Market Overt Inn-keeper See Hostler Inn-holder See Hostler Inrolement Iron works See Mettle Jurisdiction See Justices Justices Issues See Inquest Forfeiture Judgment See Justices Juglers See Games Jurors See Enquest Imbezilment See War and Records Imbraceors See Inquest and Maintenance Infants See Enfants Imprisonment Incontinency See Bastardy Inmates See Cottages Inquest See Enquest Ideot Incumbent See Encumbent Images See Religion Inventories See Ordinary Infidel See Religion Jews Intendant Jews See Religion Idlers See Poor K KIng See Prerogative Killing See Error Kidders See Corn Cattle Kings-Bench See Justices Certiorari L LAborers See Apprentice Larceny See Coron Leather License Livery See Maintenance Logwood See Drapery Law See Pleading Leet Lent See Dayes Fish Religion Libels See Slander London See Franchises Justices Lunaticy See Infant Leap Year See Dayes Linnen Cloth See Drapery Liberties See Franchises Lying in wait See Coron Long Bows See Games Loyterers See Poor Lords Day See Dayes Religion Ladder See Corn. Latten See Mettle Letters of Administration See Administration Lace See Drapery and Merchants Letters See Wayes Liquors See Ale M MErchants Marriage Masons Mainprise See Bail Maim See Affray Trespass Mavet See Corn. Man-slaughter See Coron Mass See Pope Master See Apprentice Menace See Affray Mean Acts See Dayes Minstrels See Games Misprision See Treason Mitigation See Amerciament Forfeiture Mittimus See Imprisonment Mortuary See Tythes Multiplication see Money Murder see Coron Militia and Musters see War Maintenance Market Overt Measures Milch Kine see Cattle Menace see Affray Mariners see Admiral May-Poles see Games Millers see Corn. Ministers see Ecclesiastical Persons Religion Mis-feasans see Officer Messages see Wayes Monasteries see Abbey Month see Dayes Marches see Wales Marshalsey see Coron Marshes see Husbandry Money Mettle Malice see Intendant N NOsme and Name and Addition Next Justice see Justices Noble see Dignity Peers Notice Nets see Fish News see Slander Night-walkers see Coron Night see Dayes Non sane memory see Enfant Nusance Navy see Admiral Ships O OAth Obligation see Bail Recognizance Offices of the Justice see Justices Officer Ordinary Oppression see Fees Orders of Sessions see Justices Overseers see Poor Oats and Oat-meal see Corn. Obedience see Oath and Pope Orchards see Trespass Oyles see Marchants Measures Ouster le mere One Justice see Justices Omission see Amendment P PArdon Parson see Encumbent Partridges see Fowl Parks see Forrest Peace Pedlers see Poor Peers see Dignity Penal Laws see Information Perjury see Oath Pety Larceny see Coron Trespass Pety Treason see Treason Physicians Plague see Poor Playes see Games Plaints see Information Poor Pope Pourdike see Sewers Power of the County see Force Power see Authority and Justices Possession see Seisin Execution Poysoning see Coron Homicide Preachers see Encumbent Religion Premunire see Pope and Coron Presentment see Indictment Priests see Pope Privy Sessions see Justices Priviledge Peers see Dignity Prisoners see Imprisonment Proclamation see Notice Process Promoters see Information Prophesying see Conjuration Punishment Pain and Penalty see Forfeiture Purveyors Putting out Eyes c. see Trespass Pewter see Mettle Principal and Accessory see Accessory Coron Pleading Pannel see Enquest Pictures see Religion Ponds see Sewers Precept see Process Pensioners see Poor Pillory see Coron Pound see Replevin Pursuit see Fresh Suit Proof Pety Constables see Constable Parliament Paving see Wayes Poulterers see Fowl Parishes see Poor Pyracy see Admiral Plow-land see Husbandry Posse Comitatus see Sheriffs Riot Presumption see Intendant Post Office see Wayes Property see Chattels Pety Sessions see Constable Q QUarter Sessions see Justices Quorum see Justices Quakers see Religion Quarelling see Affray R RApe See Coron Women Ravishment See Coron Women Recognizance Records See Justices Regrator See Market Overt Release See Peace Recognizance Replevin See Bail Cattle Process Request see Process Restitution see Force Rescous See Escape Imprison Force Resistance See Escape Imprison Force Rewards see Pain Riot and Rout. Rivers see Sewers Rogues see Poor Robery see Coron Fresh Suit Rome see Pope Razure see Records Recusants see Pope Rates see Taxes Poor Reconciliation see Pope Religious Houses see Abby Return see Certificate Religion Rebellion see War Riot Removal see Poor Settlement Relation see Days Reparation see Ways Ransom see Amerciament Revenue see Taxes Recordare and see Certiorari Removing see Certiorari R SAcrament see Religion Sabbath see Days Sanctuary see Coron Salmons see Fish Scavage or Shewage see Merchants School-Masters see License Seals see Deeds Seisin see Force Seminaries see Pope Sermons see Religion Servants see Apprentice Sessions see Justices Pety-Sessions see Constab Sewers Sheep see Cattle Sheriffs Shoomakers see Leather Soap see Measures Markets Soldiers see War Shooting Star-Chamber see Riots Statutes see Parliament Subpoena see Process Subsidy see Taxes Suggestion see Inormat Supremacy see Oath Supersedeas Sutety see Bail Recognizance Suspicion see Intendment Coron Swearing see Oath Subornation see Proof Oath Sedition see Slander Silk see Drapery Strangers see Alien Sacriledge see Coron Saltpeter see War Sectaries see Religion Shooting see Games War Stoln Goods see Larceny Coron Stewards see Leet Stock see Account Poor Taxes Summons see Process Warrant Sunday see Days Religion Supplicavit see Peace Swans see Fowl Searchers see Merchants Se defendendo see Coron Setlement see Poor Slander Stocks see Imprisoment Submission see Pope Suits see Information Surplusage see Account Supervisors see Poor Ways Spinsters see Drapery Wool Scotland Ships Shipwright Seamen see Admiral Silver see Mettle Stabbing see Coron Smoak-mony see Taxes Skinners see Leather Strays see Chattels Coron Stealing see Larceny Coron Striking see Affray T TAnners see Leather Taverns see Wine Testimonial see Poor Thirdboroughs see Constable Tillage see Husbandry Tile-making see Masons Tinkers see Poor Tythes Toll see Market Overt Taxes Traverse see Pleading Treason Trespass and Affray Tryals see Proof and Process Troop see Riot Truce see Admiral Turn see Sheriffs Tales see Enquest Trunks see Fish Taxes Tales see Slander Theft see Coron Transportation Ouster le mere Travelling see Ways Tipling see Ale Tokens see Forgery Collusion Trades see Apprentice Treasure see Mony Threats see Dures Affray Tinne see Mettle Tobacco see Husbandry Merchants Timber see Wood. Tumult see Riot Two and Three Justices see Justices U VAgabonds and Vagrants see Poor Venire facias see Enquest Process Vessels see Measures Victuals Unlawful Assemblies see Riot Unlawful Games see Games Under-Sheriff see Sheriff Universities see Franchise Usury Utlary Vi laica see Force Undertakers see Purveyors Villain see Poor Upholster see Drapery Violence see Affray W WAges see Apprentice Fees Wainlings see Cattle Warrants see Process Warrenors see Forrest Wax Weapons see War Weights see Measures Witchcraft see Conjuration Wines Woad see Drapery Woods Wooll see Drapery Women Watch and ward see Fresh Suit Wild-fowle see Fowle Way-laying see Coron Wayes Wagoner Waynes Watermen see Sewers London Wears see Sewers Witness see Proof Wales Writs see Process Waifs see Chattels Coron Weavers see Drapery Workmen see Apprentice Wife see Bar Feme Y YArn see Drapery Year see Dayes FINIS