seale in the name and by the auctoritie of the King and his heires Kings of the Realme in all Shires Counties Palatine and other places within his dominions So that now againe al Iustices of the Peace at this day except the Archbishop of Yoke and the Bishops of Durham and Elâ—e their temporall Chauncelours for the time being whiche are seuerallie by that verie Parliament auctorised to be Iustices of the Peace within the libertie of Hexam the Byshopricke of Durham and the I le of Elte and except the Iustices of Peace within the Countie Palatine of Lancaster which also are by prouision in the same Statute to be made vuder the Kings vsual seale of the same Ducâ—â—e be ordained by the meane of the greate Seale and ministerie of the L. Chauncelour that hath the charge of the same but yet so that some of them be made by Letters Patents vpon speciall sute to the Queene and by hir bill assigned and other some by Commission of CoÌ„mune Cource that resteth in the dispensation of the L. Chauncelour Two sortes of Iustices of the peace They of the firste sorte be of some called Indiciall Iustices and Iustices of themselues for that the Queene can not discharge them at hir will and pleasure but they are to continue and to enioy Inrisdiction so far foorth as their Patent of graunt doth enable them Mar. By graunt And therefore if the Queene do graunt vnto aÌ„maÌ„ to be a Iustice of the Peace during his life within a certaine precinct without any further wordes he shall continue such a Iustice during his life and shall haue al that power that a Wardein or Conseruatour of the Peace had and perhaps such power also as is gyuen so a Iustice of the Peace by expresse wordes in any Statute but the shal not haue all that power which is ordinarily giuen so the Commissioners of the Peace by their Commission Mar The Maiors and other heade officers of manie Cities corporate Townes be Iustices of this kinde at thys daye by grauntes of the Queene hyr progenitors Those other Iustices of the Peace which deriue their power from the Commission be called Commissioners of the Peace and doe differ from the other in this point speciallie that they be Iustices during onely the Queenes life and in hir life during only hir owne will and pleasure as you shall hereafter see at large By Commission These as I said bée now at thys day appointed by discretion of the Lord ChauÌ„celour but whether the King himselfe did at the firste nominate them as he did those whiche were made by Graunt or else did leaue the choice of them to the Lord Chauncelour alone or to him and others it hath some shew of question CoÌ„missioners of the Peace appointed by the Lord Chauncelor It is true that in the Parliament holde at Canterburte 12. R. 2. ca. 2. which happened shortlie after that Michael de la pole had bene remoued from that place and after the troublesome Parliamente of the eleauenth yeare of that kings raigne It was enacted that the Chauncelour Treasorer and keeper of the priuie Scale the Steward of the kings house the kings Chamberlaine the Clerke of the Rolles now called Master of the Rolles the Iustices of both Benches the Barons of the Escheaquer and others that shoulde be called to the naming of the Iustices of the Peace Shirifes Eschactors Customers Controllers and other officers should be sworn to doe the same faithfullie and without affection But whether the meaning of that Statute were that they all should be continually present togither at the nomination of all suche officers and whether that Statute were made but for that busy time only it may well be doubted For againe vppon fault founde as it shoulde séeme that the Commissioners of the Peace were made of persons insufficient and dwelling in forraine CouÌ„ties it was enacted 2. H. 5. Parl. 2. ca. 1. that from thencefoorth they should be assigned by the aduise of the Chauncelor of the kings Counsel which wordes may be taken to sounde as though they hadde bene named before by the Lord Chauncelor alone yet may they indifferentlye be extended either so adioine the aduise of the kings counsell to the Chauncelour or the aduise of them both vnto the king him selfe This is out of al dout that 18. H. 6. ca. II. did take order that vpon knowledge giuen to the Chauncelour of England by any appointed to be a Iustice of Peace that he had not lands to the value of twentie pound by years the Chauncelor himselfe should put an other sufficiente in his place And for want of sfficient men hauing lands of that value learned in the Law and good gouernaunce that the Chauncelour of England for the time being shold haue power by his discreation to put into the Commission other discrete persons learned in the Lawe thoughe they had not landes to that value And albeit this credite were here giuen vnto him in these particular cases onlie yet it may wel be thought that he had bene before and shoulde be afterwarde trusted with the choice of all the Commissioners of the Peace generallie where of there is greate presumption also euen vpon the Statute 3. E. 6. ca. 1. that mentioneth that the nomination of the Custos Rotulorum being a verie speciall Iustice of the Peace hadde of long time before belonged to the Office of the Chauncelour till vpon some occasion it was take from him by the Statute of 37. H. 8 ca. 1. and therefore was then restored to him againe VVhat manner of men the Commissoners of the Peace ought to bee CHAP. VI. IN the choice of the Wardeins and Iustices of the Peace the Statute lawes haue respecte to the manners and abilitie or liuelihoode of them all and to the skil and learning of such as are speciallie selected and therefore named of the Quorum For Gardeins of the Peace ought to bee good men and lawfull no maintainers of euill nor Barretours in the Countrey or as some Bookes haue it no mainetainers of euill Barretours in the Countrey 1. E. 3. ca. 15. Men of the beste reputation Meultz vailantz most substantiall or of moste valour shall be assigned keepers of of the Peace 18. E. 3. ca. 2. 17. R. 2. ca. 9. In euerie Countie for safegarde of the Peace shal be assigned one Lord and with him three or foure of the Mieultes vanees most valiant men of the Countie togither with some Sages of the lawes 34. E. 3. ca. 1. And after some troubles in the time of K. Richard 2. it was enacted that none shal be made Iustice of the Peace for any gift brocage fauour or affection nor any which sueth by himselfe or any other priuilie or openly to be a Iustice of the Peace shall bee admitted to that office 12. R. 2. ca. 2. And of some special policie the also enacted ca. 10 of the same parliamet that no Steward of any
Besids this you may see admitted by the opinid of the Court 13. H. 7.10 that if a man do in the night season hauÌ„t a house that is suspeded for Bawdene or do vse suspitious coÌ„pany the may the CoÌ„stable arrest his to find suerties of his good abearing For Bawderie is not méerely a spirituall offence but mixed and but sounding little againste the Peace of the land 27. H. 8.14 Fitz. 1. H. 7.6 And therfore it shal not be amisse at this day in my sleder opinioÌ„ to grant Suertie of the good Abearing against him the is suspected to haue begotte a Bastard child to the end the he may be forth comming when it shall bée borne for other wise there will be no Putatiue father found when that the two Iustices of the Peace shall after the birth by vertue of the statute 18. Eliza. ca. 3. come to take order for his punishmet And for some aduise by the way in coÌ„ceiuing rightly this suspition marke what M. Bracton writeth Oritur suspitio ex fama ex fama suspitione oritur grauis praesuÌ„ptio Fama verò suspitione induces oriri debet apud bonos graues idque noÌ„ semel sed saepius Oritur etiam suspitio ex facto praecedente cui standum est donec probetur coÌ„trarium nam qui semel est malus semper preasumitu ess malus in eodem genere mali But the further that this bond of the good Abearing doth extende the more regarde there ought to be in the awarding of it and therfore although the Iustices of the Peace haue power to grant it eyther by their own Discretion or uppon the complaint of others euen as they may that of the Peace pet I wish rather that they doe not commaunde it but onely upon sufficient cause séene to themselues or upon the sute complaint of diuers and the same very honest and credible persons And here forasmuch as one Iustice of the Peace alone and out of the Sessions may both by the first Clause of the CommissioÌ„ and also by the opinion of M. Fitz. 9. E 4. 3. graunt thys suertie of the good Abearing although the common manner bée that two such Iustices do ioin in that doing whereof also M. Fitz hath very good liking I wil not sticke to set forth here the coÌ„mon formes as wel of the Precept as of the Recognusance for the same wherein if I shalvse the names of two Iustices you muste take that also to be done according to the common fashion not of any necessitie in law For as I woulde more gladly vse the assistance of a fellow Iustice in this behalfe if I may conueniently have it so if that may not be had I woulde not greatly feare when good cause shal require to vndertake the thing my selfe alone The Precept may have this course GEORGE MVLTON and William Laembarde two of the Iustices of the Peace of our Souereigne Ladie the Queenes Maiestie in the Countie of Kent To the Shirife of the said Countie to the Constables of the Hundred of Wroteham and to the Borsholder of the Towne of shipborne in the said Countie and to every of them greeting For as much as A. B. of Shipborne aforesaid is not of good fame not of honest conuersatioÌ„ but an euill doer Riotour Barrettour perturber of the Peace of our said Souereigne Ladie as we are giuen to understande by the reaporte of sundrie credible persons The Precept of the good abearing Any one of these is sufficient cause Therefore on the behalfe of our said Souereigne Ladie we commaund you and every of you that you cause the sayd A. B. to come before vs or some others of our fellowe Iustices to finde sufficient suertie and mainprise for his good abearing towards our said Souereigne Ladie and all her liege people And if he shall refuse so to doe c. as in the Precept of the Peace with a verie litle chaunge The vsuall Recognusance hath this forme MEmorandum quòd 5. die mensis Iuly Anno regni Elizab. c. 23. venit coram nobis Georgio Multon Wilhelmo Lambard caetera vt antea in Recognitione pacis vsque ad hoc Quod idem R. G. personaliter comparebit coram Iusticiarys dictae Dominae Reginae ac Pacem c. ad proximam generalem Sessionem c. The Recognusance of the good Abearing Et quòd ipse interim se bene geret erga Dominam Reginam cunctum pepulum suum praecipué erge I. B. de C. c. Et quod ipse non inferet nec inferri procurabit per se nec per alios damnum aliquod seu grauamen praefato I. B. seu alicuide populo ipsius Dominae Reginae de corporibus suis per insidias insultus seu aliquo alio modo quod in lasionem seu perturbarionem pacis dictae Dominae Reginae cedere valeat quouismodo videlicet vterque praedictorum H. C. I. S. sub poena 100 th Et praedictus R. G. sub poena 200. th quas quidem seperales summas 100. th vterque praedictorum H. C. I. S. vt praedicitur perse ac praedictus R. G. dictas 200. th recognouerunt se debere dictae Dominae Reginae de teris tenementis bonis catallis suis cuiuslibet corum ad opus ipsius dictae Dominae Reginae fieri leuari St contingat preaefatum R. G. in alliquo praemissorum deficere inde legitimo modo conuinci c. Or by a simpel Recognusance with this Condicion Endorced or vnder written COnditio Recognitionis praedictae talis est Quod si praedictus R. G. imposterum se bene geret pacem Dominae Reginae conseruet erga dictam Dominam Reginam et cunctum populum suum et nullum damnum corporale c. Extunc Recognitio praedicta pronullo teneatur alioquin in suo robore permaneat Thaue knowen it doubted whether the Suertie of the good Abearing commaunded vpon complaint may be released by any speciall person or no bicause it séemeth more popular than the Suertie of the Peace Release of the good Abeariâ—â— But if it may as it seemeth all one to me then may the forme of such a Release be easily made by that which is before concerning the Peace vsing the words Securitatem de se bene gerendo in steade of the wordes Securitatem pacis And the like imitation may bée vsed also for a Supersede as of the good Abearing if at the least that be grauntable by Iustices of the Peace I might here without breach of Order prosecute the preseruation of the Peace by the preueÌ„ting of such as be riotouslly assembled by handing the Statute of Northampton which séemeth by plaine speache to be prouided for preuention of the breache of the Peace also But bicause the first shall haue his proper place and the latter is commonly put in vre at this day after the Peace broken by forcible Entrie I will spare
Sâ—ockes and that not aboue suche a reasonable tyme as he may prouide to conuey him to the Gaolâ— till he find suertie of the Peace 3. H. 4. 9 22. E. 4. 35. And herein he differeth from a Gaoler or the Shirife who hath the charge of the Gaole for he may make a Gaole of his house and so caÌ„not a Constabe or Iustice of the Peace doe And by the Statute 5. H. 4. ca. 10. the Iustice of Peace must sende his prisoners to the common Gaole If one doe make an Affray vpon the Iustice of Peace Constable or suche other Officer he maye not onely defende him selfe but maye also apprehende the offendour and sende him to the Gaole till he wil finde suertie of the Peace 5. H. 7. 6. And the Iustice or Constable maye if néede bée commauno assistance of the Queenes people for the pacifying of an Affray 3. H. 7. 10. If he that maketh an Affray do flie into a house when the Iustice of Peace or Constable coÌ„meth to arrest him they may in fresh sute breake open the doores and take him Mar. Or if he flie thence they may make fresh sute and arrest him though it be in an other Countie by the opinion of some men 13. E. 4. 9. And it shoulde séeme by the reason of that Booke that in this case also they may breake open the doores to apprehend him because the Prince hath an interest in the matter and then a mans house shall be no refuge for him as it shoulde be in Debt or Trespas where the interest is but onelie to some particular partie Now if the Constable do arrest one that hath hurt an other and do voluntarily suffer him to Escape and then he that was hurte â—ieth thereof within the yeare and day the Constable shal make a great Fine and that to the valewe of his goodes in the opinion of some 11. H. â— 12. Stanford 35. 1. But the offence shall not have suche Relation to the stroke as to make the escape to become Felonie thereby Commentar Plowd 263. Of the breach of the Peace without a multitude or with a multitude by forcible entrie into landes or tenements c. And what one Iustice of the Peace out of the Sessions may doe therein CAP. XVIII BEfore the troublesome reign of King Richard the second it séemeth that the common Law permitted any person which had good right or title to enter into any laÌ„d to winne the possession thereof by force if otherwise he could not haue obtained it And still at this day if in a common Action or enditement of Trespassle for entring into any land the Defendant will make Title therevnto the whole matter of the Force alleadged against him wil rest altogither vpon the validitie of his Title as appeareth 7 H. 6. 13. and 40. And a man maye also at this daye retaine wyth force his owne goodes and cattailes agaynste an other 19 H. 6. 31. 9. E. 4. 18. But after the rebellious insurrecon of the velleins other of the commons whiche happned in the fourth yeare of that Kinges reigne The Parliament in 5 R. 2. cap. 7. thinking it necessarie to prouide against all occasions of any further vproare or newe breach of the Peace did ordaine among other thinges That from thenceforth none shoulde make any entrie into any landes or tenements although his entrie into the same were lawfull but onely in peaceable and easie maner and not with strong hande nor with multitude of people vpon paine of imprisonment and to be raunsommed at the Kings will But because this Statute gaue no quicke remedie in this point nor any special power therein to the Iustices of the Peace of the countrie whereas the experience of that busie time required a great deale more spéede in suppressing such disorder After that they had in 13. of that king c. 7. Stat. 1. taken order that Iustices of Peace shold be made of new in all the Counties of England of the most sufficient Knights Esquiers men of law of the same Countie And that they should be sworne to keepe put in execution all Statuts ordinaunces touching their offices The in 15 R. 2. c. 2 they caused it to be further enacted That when such forcible entrie should be made into landes or tenementes or into Benefices or Offices of the Church and complaint thereof come to any Iustice of the Peace he should take sufficieÌ„t power of the Countie and go to the place where the forcible entrie was made if he found any that held such place forciblie after such entrie made the same should be taken and put in the nexte Gaole there to abide conuicted by the Recorde of the same Iustice till they had made fine and raunsome to the King And that aswell the Shirife as all others of the Countie shoulde attende vpon the saide Iustice to go and arrest such offendours vpon pairâ—e of imprisonment and to make fine to the King Now againe for asmuch as this laste Statute did not extende to those that entred Peaceablie and then helde with Force nor against the offendors if they were remoued before the comming of the Iustices nor yet any paine therein ordained against the Sherife that did not obey the preceptes of the Iustices in this behalfe it was not onelie ordayned by a thribe Acte made 8. Hen. 6. cap. 9. That the sayde former Statutes shoulde be holden and duelye executed But it was adjoyned also thereunto That if anye from thenceforth forth shoulde make suche forcible entrie into lands tenements or other possessions or should them holde forcibly after complainte thereof made wythin the same Countie to any of the Iustices of the Peace thereby the parties greeued that the Iustice so warned should in conuenient time cause the last said Statute duely to bee executed at the costes of the sayde party And whether the perfons making suche entries were present or auoided before the Iustices comming the same Iustices or Iustice in some good towne next to the said tenements or in some other conuenient place at his discretion shoulde haue power to enquire by the people of the same countie as well of them which made suche forcible entries into landes or tenementes as of them whiche held the same with force And if it be found before any of them that any doth contrary to this Statute then the sayd Iustices or Iustice shall doe the saide landes or tenements to be reseised and shal put the partie so put out in full possession of the same And when the saide Iustices or Iustice make suche enquirie they shall directe their Precept to the Shirife commaunding him on the Kings behalfe to cause to come before them and euerie of them sufficient and indifferent persons dwelling nexte aboute the same landes or tenementes whereof â—ucrie man shall haue landes or tenementes of the cleare yerely value offourtie shillings at the least and the Shirife shall returne twentie shillings in issues vpon euerie one
Touchyng the abyding places and collections for the poore there is no generall order taken in the Shire of Kent 14. Elizab. cap. 5. Poore If the Churchwardens of any Parish haue not euery Sonday leuied the money for reliefe of the prisoners in the Gaole and one in euery Quarter payd it to the Constable of the Hundred Or if that Constable haue not at euery Quarter Sessions payed ouer the same to the Collectour thereto appointed Or if such Collectour haue not wéekly distributed the same for reliefe of the said prisoners 14. Elizab. cap. 5. Prisoners releeued As touching stocks and store of c. for the working poore or houses of correction for the ydle poore c. little is done in this Shire as yet but for the most parte left to the Parishes Poore setto worke 18. Elizab. ca. 3. If any person aboue sire yeres of age except Maydens Ladies Gentlewomen Nobles Knights Gentlemen of twetie marks by yeare in lands and their heires and such as haue borne Office of Worship haue not worne vpon the Sonday and Holiday except it be in the time of his frauaile out of the Citie Towne or Hamlet where hée dwelleth vpon his head one Cap of wooll knit thicked and dressed in Englande and onely dressed finished by some of the trade of Cappers 13. Eliz cap. 20. Cappes If any man borne within the Quéenes dominions except it be the sonne and heire apparant of a Knight or the sonne of one of higher degrée or suche as may dispende twentie pounds in lands by yearre or reuenues rr poundes in landes by yeare or reuenues for life or bée worth two hundreth poundes in goodes or haue béene head Officer in anye Citie Borough or Towre Corporate or bée the Quéenes seruaunt in ordinarie and wearing hir liuerie haue worne anye manner of Silke in or vppon his Hat Bonet Nightcappe Girdle Scabbarde Hose Shooes or Spurre leathers And if any person knowing anye seruant of his to offend herein haue not within fourtéene dayes nexte after such knowledge put him out of seruice if he were no Apprentice or hyred seruaunt and if he were then if he haue not put him awaye at the end of his terme or if hauing putte him awaye therefore he have retained him againe within one yeare nexte after that offence 1. 2. Phil. Mar. cap. 2. Silke The Statute of Apparell made 24. H. 8. cap. 13 is not thoughte altogither so méete for this time as it may appeare by some Proclamations Published If any Bridges in the high wayes béeing out of the Cinque Portes and members thereof bée broken or decayed to the annoyance of Passengers and if yea then what Hundred Citie Towne Parishe or person certaine or bodie politique ought of right to repaire or amende the same 22. H. 8. cap. 5. Bridges If the Constables and Churchwardens of anye Parishe haue not in Easter wéeke called their parishioners togither and appointed ouerséers of the works for amendment of the high wayes leading to anye Market or haue not appointed the fire daies for that worke and if any suche ouerséers haue refused that charge Highwayes If any person hauing a Plowe lande in tillage or pasture or kéeping a draught or Plowe have not found thereto one Waine or Cart furnished to worke eight houres euerie of the saide dayes Or if any other person béeing assessed in Subsedie to fiue pounds in goods or forty shillings in lands have not likewise founde two able men Or if any other housholder or Cotager have not by him selfe or an other so wrought euerie of the same daies If the Hedges Ditches Trées and Bushes in and on eache side of any suche high waye bée not kepte lowe scowred and cutte dowene by the owners of the groundes adioyning If anye such ouerséer haue not within one moneth after any of the said offences done presented the same to the next Iustice of the Peace And if any person occupying lande adioyning to anye suche high waye haue caste the scowring of anye ditche thereof into the high may If any Ouerséers Constables or Church-wardens haue not leuied the forfaitures for the offences aforesayde and employed them upon their saide high wayes and accoaâ—â—ed thereof 2. 3. Phil. Mar. cap. 8 5. Eâ—zab cap. 13 18. Elizab. ca. 9. If anye person haue for lucre mainâ—â—â—ned or place of bowling coyting closhe caâ—les tennis dicing tables carding shoue-groate or any other game prohibited by anye former Statute as footeball and casting of the stone or any other vnlawfull â—â—me game now inuented If any Artificer of anye occupation or any husbandman Apprentice Labourer seruaunt at Husbandrie Iorneyman or any seruaunt of Artificer or anye Mariner Fisherman Waterman or Seruingman other than of a Noble man or of him that may dispend one hundred pounds by yere playing within the precinct of his Maisters house haue played out of the Christmasse at any of the sayde unlawfull games or in the Christmasse out of the house or presence of their Maister 33. H. 8. ca. 9 vide 12. R. 2. ca. 7. 8. 10. Vnlawful gaâ—â—â— If any person haue shot in vsed or kept any Handgun but such as is in stocke and Gun one yarde long or any Hagbut or Demyhake not being 3. quarters of a yard loÌ„g Crossebowes and Gunnes If any person not hauing one hundreth poundes reuenue by the yeare haue carried in his iourney anye Crossebowe bent or Gun charged vnlesse it bée to the Musters If anye person haue shotte at large other than at a Butte or Banke of earth in place conuenient at any thing with any Gunne in any Citie Borrough or Market Town or within a quarter of a mile of anye of the or haue commaunded hys seruaunt to shoote in Crossebow or Gunne at any thing other then a Butte or Banke of earth Or if anye person not hauing a hundreth poundes by peare or not dwelling within fiue miles of the Sea coaste or not dwelling in a house two furlongs distant from anye Citie Borough or Towne doe kéepe or haue in his house any Crossebow 33. H. 8. c. 6. If any person having a hundreth poundes by yeare and hauing seised any Crossebowe or Gun by vertue of this Acte haue not broken the same in pieces within 20. dayes next after such seisuret ibid. If any Merchaunt Straunger being of any Countrie from whence Bowestaues haue bene sent into this lande haue not for euerie Tunne weight of burde that hys vessel contayneth brought hyther foure Bowstaues 12. Edward 4 cap. 2 33. Henrie 8. ca. 10 37. H. 8. ca. 7. and for euerie Butte of Malmesie tenne Bowstaues 1. R. 3. ca. 11. If anye man being the Quéenes Subiect and not hauing reasonable cause or impediment and being within the age of firtie yeares except spirituall men Iustices of the one Bench or other Iustices of Assise Barons of the Escheaquer haue not a long Bow and Arrowes readie in his house or haue not vsed
Recognusance it selfe according as he now ought to doe by the Statute 3. H. 7. ca. 1. And this may be gathered vpon the opinion 2. H. 7.1 and maye bée séene by this form of it here vnder written GEORGE MVLTON one of the Iustices of the Peace of our Soueraigne Lady the Queenes Majestie within the Countie of Kent To the Shirife Bailifes Conestables Borsholders Ministers and other the Faithfull subiectes of our said Soueraigne Ladie within the saide Countie and to euerie of them sendeth greeting For as much as A. B. of c. The forme of a Supersedeas by a Iustice of the Peace Yeoman hath personally come before me at Ightham c. and hath found sufficient suertie that is to say C. D. E. F. c. Yeomen either of the which hath vndertaken for the said A. B vnder the paine of xx lb and he the said A. B. hath vndertaken for himselfe vnder the peine of xl lb that he the saide A. B. shall well and truely keepe the Peace towards our said soueraigne Ladie all hir liege people and specially towardes G. H. c. Yeoman also that he shal personally apeare before the Iustices of the Peace of our said soueraign Ladie within the said Countie at the next general Sessions of the Peace to be holden at M. there Therefore on the behalfe of our said soueraigne Ladie I commaund you euerie of you that yee vtterly forbeare and surcease to arrest take imprison or otherwise by any meanes for the said occasion to molest the saide A. B. And that if you haue for the said occasion for none other take or imprisoned him that then you do cause him to bee deliuered and set at libertie without further delaye Yeouen at Ighthā aforesaid vnder my seale this last day of Iuly in the xxiij yeare c. Which also may bée in the name of the Prince and vnder the Teste of the Iustice of the Peace thus ELIZABETH by the grace of God c. To the Shirife c. greeting For as much as A. B. hath come before G. Multon one of our Iustices of peace within our said Coūtie and hath found c. We therefore commaunde you and euerie of you that ye forbeare c. Witnesse the said G. M. at Ighthā aforesaid c. Thus muche of the Supersedeas issuing from a Iustice of the Peace the which ought to with-holde and stay the procéeding of his fellowe Iustices in the saide cause in so muche that if anye Officer by any of their Warrants hauing this Supersedea deliuered to him wil neuerthelesse vrge the partie to finde new Suerty for the peace he may refuse to giue it and if he be committed to prison for suche his refusall he maye as I thinke haue his action of False Imprisonmente againste the Officer vppon the same Much more then will a Supersedeas that commeth out of the Chauncerie or Kings Benche or from anye Iustice of the Kings Bench discharge such a Precept for the Peace awarded from any Iustice of the Peace Supersedeas out of an higher court And therefore if the Iustice of the Peace to whō such a Supersedeas shal be deliuered wil not thervpon surcease an Attachment may be awarded against him for his comtempt and he may be imprisoned and fined for it It is good counsell therefore that M. Fitz in hys Nat. Br. Fo. 238 giueth where he willeth the Iustices of the Peace after such a Supersedeas receiued to forbeare to make anye Warrant to arrest the partie it they haue awarded it then to make their owne Supersedeas to the Shirife and other Officers therby commaunding them to surcease to execute it This impediment of Supersedeas lying after this sort as you haue séene in the waye to the Iustice of the Peace thus passed ouer let vs nowe suppose the partie serued with the precepte to come before some Iustice of the Peace and let vs enter into the taking of the Recognusance of him for that is one part of the execution of the Warrant for the Peace and may doe seruice whether the partie come to him that made the Precept or to any other The taking of the Recognusance for the Peace If the Iustice of the Peace deale in thys matter as a Iudge and by vertue of the Commission then the number of the Suerties the summe of their bonde their sufficientie in goods or landes the time how long he shall be bounde and some other such circumstances are referred wholie to his own consideration and if he be deceiued in the abilitie of the Suerties hée maye compell the parties to put in others Marrow The Commune manner is to take two Suerties desides the partie himselfe and good reason it is that those shuld be such as haue their names registred in the Booke of Subsidie for albeit that here and there some maye be sufficient that were not assessed to the Queene yet it standeth not well togither that hée shoulde become bounde to the Prince in tenne or twentie poundes that was not in the Subsidie found worth any thing at all But if he commmaunde the Peace as a Minister in execution of the Writts of Supplicauit then he must behaue himselfe as the Writte it selfe directeth him and that hath not bene alwayes after one manner for some forme commaundeth him to take sufficiente Manucaptors in any peine or sum to bée reasonably set by himselfe so that hée will bée aunswerable for it at his owne perill and some willeth him to take sufficient Suertie in a summe certainelye prescribed vnto him as a hundred poundes in all or euerie of them in twentie pounds as it may bée séene at large in the Register of Writtes Fo. 89. A Iustice of the Peace saith Maister Marrow maye take this Suertie by a Gage or Pledge which shall not be forfaited therby but paunded onely that the partie shall vnder a certaine peine kéepe the Peace whiche peine he shall forfaite it he breake the Peace And by his opinion a Iustice of the Peace may also take this Suertie by an obligation made to himselfe by the name of Iustice of the Peace For so shall it bée saith hée advsum Domini Regis But if it were made vnto him without his name of Iustice of the Peace that then it coulde not bée to the vse of the King vnlesse it had the words advsum Domini Regis Maister Fitzharbert on the other side in his Nat. Bre. Fo. 81. holdeth that suche an Obligation taken to the King by a Iustice of the Peace is nothing worth for a man can not bée bounde to the Prince sayeth he but onelye by matter of Recorde vnlesse he will afterwarde come into a Courte of Recorde and cònfesse it to bée his déede pray that it may bée Enrolled there But the new Statute 33. H. 8. ca. 39 hathe made a plaine law in these cases willeth that all Obligations and Specialities made for any cause touching the
of them at the firste Precept retournable and at the seconde fourtie shillings and at the thirde fiue pounde and at euerie daie after the double And euerie Shirife of Countie and Bayly of Fraunchise that shall not duely make execution of the saide Precepts shall forfaite to the King twentie poundes for euerie defaulte and shall moreouer make fine and raunsome to the King And aswell the Iustices or Iustice aforesaid as the Iustices of Assises may heare and determine such defaultes of Shirifes or Baylies aswell by Bill at the suite of the partie grieued for him selfe as for the King onely by way of Enditement and vpon suche due attaynder he whiche sueth for himselfe and for the King shall haue the one moietie of the saide twentie poundes togeather with his costes and expenses and suche Processe shal be agaynst suche so attaynted as lieth against anie person endited or sued by writte of Treapasse with force and Armes against the Peace And the Maiors Iustices of the Peace Sherifes and Baylifes that are in Cities or Bourowes hauing fraunchise shall haue like power in the articles aforesayde as the Iustices of Peace and Shirits in the Counties haue But they which kepe by force their poffessions in any lands or tenements whereof they or their auncesters or they whose estate they haue therein haue continued their possession in the same by three yeares or more shall not be endamaged by this Statute This last Statute I have the rather exemplified at large because it contayneth a full direction in this businesse yet because I have séene some other things that â—ende to some little explanation of some of the pointes of the same which be good to be considered of I thinke that they also may be well bestowed here This Statute therefore enableth any one Iustice of the Peace to deale in this matter upon occasion geuen and is made as well against such as enter with force as against those that enter Peaceablie and then holde in with force But whether the Iustice be bounde to ermine the goodnesse of his title that entreth and accordind to the same to make or deny restitution it hath bene oft times made a question which surely in mine opinion shoulde carrie no great doubt with it For séeing that the Statute 5. R. 2. cap. 7. prohibited all entries with force although they were otherwise lawfull and the Statute 15. R. 2. ca. 2. rehearsing the same geueth authoritie to euerie Iustice of Peace vpon any suche forcible entries presently to committe the offendors there found to the Caole and this Statute meaning to supplie some other defectes in the former geueth speciall remedie to the partie gréeued by the aide of the same Iustice by restoring of him to his possession againe I see not why the Iustice of Peace who perhappes shall haue but little skill in Lawe to discerne and iudge of the Litle and yet be a fitte man to suppresse all force and able enough to restore a possession shoulde be tyed to the discussing of the right or title of either of the parties And therefore 22. H. 6. 18. admitteth this case That if A. shoulde disseyse B. and B. shoulde enter agayne and put out A. by force and strong hande yet shoulde A. be restored to his possession at the handes of the Iustice of Peace although his first entire were very vnlawfull And that thereupon notwithstanding the restitution made B. may have an Assise or else may enter vpon him againe so as he doe it in peaceable manner And I doe little doubte but that a Lessée for years or a Copieholder beyng put out with force and the Lessor or Lorde disseised thereby the Lessée or Copieholder ought to haue restitution by the helpe of a Iustice of Peace upon this Statute Now whereas the wordes bée After complaint c. that dothe not alwaies inâ—orce a necessitie of Complaint by the partie grieued For if a forcible entrie bée committed the Iustice may inquire of it and also make restitution vpon any informacion or other knowledge thereof though no complaint be made vnto him by the partie gréeued as it is holden 7. E. 4. 18. Complaint It seemeth further that it should not bée altogither requisite to the punishing of the offenders by imprisonment and fine that the partie gréeued shoulde be actually put out of possession For all the saide Statutes doe specially prohibite the forcible cntrie it selfe yet to haue restitution vpon this Statute the putting out must néedes be founde also And therefore if the case be that after the death of A. a stranger entreth into his landes and holdeth the same by force against his heire before be had gotten any possession in déede the heire of A. in this case sayth Marr. shall neuer haue restitution because he neuer had any other possession than a possession in law but no actuall possession And by his opinion also If a man claimed a rent or common in lande that is so holden with such force that he can not distraine for the one nor vse the other this a force remoueable by this statute but the partie can haue no restitution here made vnto him One person alone may commit this forcible entrie so also may he be punishable for deteining of the possession by force Entring or holding with force And it séemeth that this entrie or deteyning must be with some offensâ—ue weapoÌ„s as with bowes billes swordes stones harnesse or such like yet Marr. is of opinion that if the Iustice of Peace come and finde the doores shut and they within denying him to enter this is a deteyning with force and he may thereupon commit them If it be founde that diuers persons haue made a forcible entrie to the vse and behouse of a stranger that is absent although he doth after agrée vnto it but entreth not him selfe this is no force in him for sayth 2. H. 7. 16. A forcible entrie can not be without an entring actually Enquirie The enquirie is to be of Iurours that must have landes or tenements of the yearly value of xl s by yeare at the least aboue all reprises And Marr. is of opinion that if it be not so the partie grieued may stay the restitution for that cause But how he can hinder the restitution that the Iustice of Peace is to make vpon such a verdit otherwise than by causing the record thereof to be remoued into the Kinges Benche I doe not well perceiue After the forcible entrie or the deteyning with force or both be founde by the enquest the Iustice of Peace ought either by himselfe to put the partie grieued in possession againe or els he may direct his precept to the Shirife to restore him Restitution But if that Iustice of the Peace which made the enquirie doe happen to dye before he make restitution whether the other Iustices of the Peace may at their Quarter Seassions hauing the recorde of that Enquirie deliuered vnto them award a writ of
person hauing the charge of him or of the worke and they maye appoint any woman being vnmarried of the age of twelue yeares and vnder fortie that is out of seruice and that they shal thinke méete to serue to bée retained by their disrreatiō and may vpon hir refusall commit hir to Warde till she wil be so bound to serue 5. Eh. ca. 4. Seruanes Labourers Any two Iustrces of Peace may licence such as be deliuered out of Gaoles to begge for their fées or to trauel to their Countrie or friendes and may giue licence for fortie days to a Roge that is marked may make testimoniall to a Seruingman that is turned away from his matster or whose maister is deade 14 Eliz. ca. 5 18. Eliz. ca. 3. Begge for sees Roag Seruingme Such two Iustices may certifie at the quarter Setsions that a Citie or Towne Corporate of the Shire being no countie of it self is surcharged with poore togither with the names and number of them that order may bée taken there for their reliefe they maye Licence diseased persōs liuing of almes to trauell to Bathe or to Bucstone for ease of their griefe 14. Eliz. ca. 5. Surcharged with poore Licence to go to Bach or Bucstone By the ouersight of two such Iustices and twelue discréete men of the Hundred and Hundreds adioyning any persō within the Wealde of Kent may make in his own lād a new highway more commodious thā the olde 14. H. 8. ca. 6. Chiungea high way Two such Iustices may once euery yeare appoint Ouerseers for that whole yeare following of cloath to bée made or solde in any towne not being Corporate and maye charge them vpon their oathes to sée execution of some partes of the Statute 3. E. 6. ca. 2. yet in force Appoint Ouerseers of Cloth Within sire dayes after accusation had that any person hath disturbed a Preacher and after his committing to safe custodie by one Iustice of the Peace one other Iustice of that shire muste ioine with him in the eramination of the Offender maye procéede to finde him guiltie by his owne confession or two witnesses and therevpon commit him to the next Gaole for thrée monethes 1. Mar. Parl. 1. ca. 3. quoere of the cotntinuance of this Statute as before Disturbe Preacher Any two Iustices of the Peace of the Countie where any Logwood alias Biockwood shal be founde in whose handes soeuer it bée maye openly burne the same as forfeited 23. El. ca. 9. Logwood VVhat things some twoo Iustices of the Peace may doe out of the Sessions CAP. XXIII IT falleth out many times that the Statute lawes regarding some Iustices aboue others either for the opiniō of the abilitis or learning that they should haue being of the Quorum or for the aduantage and facilitie that they haue to dispatch the affaire by meanes of their nearenesse and dwelling or for the indifferencis that they are likely to vse in the handling of the cause as being neyther of kindred nor alliance to any of the parties doe many times make choise of two Iustices and doe either altogither close the hands of the rest or else do chiefly reposs the trust in these that bée so chosen elected Among those of this kind the Bailement of prisoners worthily craueth the first place whether you respect the weight of the matter that it concerneth or the length of the discourse that it requireth the one tending to desired libertie and the other comprehending great varietie This sauing then or deliuerie of a person out of prison before he hath satisfied the Law is vttered by thrée termes in our Statute lawes that is to saie Bailement Mainprise or manucaption and Repleuine Difference betweene Bailement Mainprise Repleuine And they bée indifferently vsed to erpresse that suertie whiche the prysoner is to finde in such a case For that which Bracton and the statute of W. 1. cap. 15. made 3. E. 1. doe speake of setting at libertie of accessaries by the woordes Replegiari and of letting out by sufficient Pleuin Britton and the Register doe erpresse by finding of Mainprise the Statute 5. E. 3. cap. 8. by letting to Baile that of Marlebrige cap. 27 made 52. H. 3. by tradi in ballium vel Replegtari And the Statute of 1. E. 3. ca. 9. making mention of the writ De Homine Replegiando to bée directed to the garden of a Forest declareth the effect therof to bée that hée should Repleuy the prysoner by good Mainprise The Statute 23. H. 6. ca. 10. that cōmaundeth the Shirife to let out of prison such as he hath arrested vpon Enditements of trespasse vpō reasonable suertie of sufficient persons calleth the same a letting to Baile or Mainprise And lastly 1. 8 c 2. Ph. Mar. c. 13. séemeth to make al the thrée wordes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and of the same significatiō Yet it séemeth that Replevine had his orginall of the word Pledges which denoteth them that vndertake for the partie that hée shall abide to bée iustifyed by Lawe And is vsed in diuerse other cases as in Replevine of Cattell vpon a distresse Replevine of Franchises in a quo Warranto Replevine of Lande vppon a Grande Cape in olde time and Replevijng of the person of a man in case of Villenage and this our case Bailement is deriued from the French tearme Bailler And that also commeth of the Gréek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they both signifiyng to Dehaer into hand For he that is Bailed is taken or kepte out of prison and deliuered as it were into the handes of his friendes as Suerties for him whereof also the worde Manucaptio or Maineprise which is all one giueth good euidence the one mentioning the deliuery the other the receiuing And in this respecte the Booke of the Norman Customes calleth Bailement a liue prison for that the partie is therby become prisoner to his friends that do vndertake for him But Bailmet Mainprise haue bin take to differ in the practse of our common law for he which is properly Bailed by the Iustices of any court hath bene neuerthelesse reputed to be a prisouer ther fril his suerties to be as it wer his speciall gardeins other wise it hath bin thought of him that is let to Mainprise as may be séene by the Booke cases 33. E. 3 36. E. 3. Coron Fitzh 12. 13 7. H. 6. 42 31. H. 6. 10 38. H. 6. 23 9. E. 4. 2 21. H. 7. 33. But at this day how long he shall he adiudged to be aprisoner Erin Custodia Mariscalli Mariscalcioe c. that is Bailed in the Kings Bench the custome of the Courte it selse must rule the matter for it differeth somewhat if I be not deceiued from those opinons Howbeit forasmuch as in our course concerning Iustices of the Peace it is not so néedefull to siay vppon the difference betwéene them as to procéede to disrlose the vse
to the intent they shoulde lye open or voide or to haue any Common or may there Or to destroy the Déere or Conies in any Parke or Warrien or Douehouses or Fish in Poole or pond or to cut down any houses Barnes miles or Eayes or to burne any stake of corne or graine or other vsuall sustacke of men and being commaunded by the Shirife or any Iustice of Peace of the Shire or by the maior Shirif Iustice of Peace or Balifes of the Citie Borough or Corporate towne where the assmbly was by proclamation in the Queenes name to depart to their houses haue notwithstanding continued togither one houre after or haue after that forciblie attempted to do any such thing Rebellious assemble And if any person haue bnlawfully by ringing of Bel sounding of Trumpet Drumme Norne or other instrument or by firing of Beacon or by malitious speach or Outcrie or by setting up or casting any writing or by any other acte raised or caused to be raised twelve person or aboue in suche manner and to anysuche intent as is aforesayd and they being commanded by proclamation as before haue neverthlesse continued togeather one houre after or haue afterwarde attempted forcible to doe any of the sayde things And if any the wife or seruaunt of any the sayd assembled persons or if any other person haue willingly and without compulsion delinered or conuyed money harness weapon or victuall to any of the sayd person assembled during their aboave togeather as before And if any person haue hindred or hurte any that did proclaim or ment to proclaime as before and if any the parties so assembled knowing of that hindrance or procuring it haue neuerthelesse afterwarde committed or put in dre anye the things aforesayde And if any persons to the number of fortie or moe haue so assembled to the intent to doe anye the sayed things or anye other Felonious or Rebellious acte and haue continued togeather thrée houres after such Proclamation made at or nigh the place of assemblye or in some market Towne next avioyning and notice to them thereof giuen 1. Mar. Parl. 1. cap. 12 1. Elizab. cap. 17. If anye Souldiour entred a Souldiour of Recorde and hauing taken parte of the Quéenes wages or any Marnier or Gunner hauing taken prest wages to serue the Quéene on the Sea haue not accordingly gone to his Captaine unlesse he were letted by notorious sickness or other impediment from God or haue departed from his Captaine without his licence vnder his scale Souldiour Mariner er Gunner departing 18. H. 6. ca. 19 2. 3. E. 6. ca. 2 4. 5. Phil. Mar. ca. 3 5. Eliz. ca. 5. If any Straungers calling them selues or being commonly called Egiptians haue remained in the Realme one moneth And if any person being 14. yeres of age which hath bene séene or found in the fellowship of such Egiptians or which hath disguisedhim selfe like to them haue remained here or in Wales by the â—pace of one moneth either at one time or at severall times 1. 2. Phil. Mar. ca. 4 5. E 1 z ca. 20. Egiptians If any bagabond or Roge haue after 60. dayes next atter his marking through the eare or â—udâ—ement to be so marked fallen againe to Rogish life being then 18. yeares dlue or aboue And if any such Roge being upon his sayd seconde conuiction taken into seruice for two yeares haue departed within those two yearses against the will of him that by Recognusance tooke him into seruice And if any Roge being conuicted in the seconde begrée haue at any time after bene conuicted of Rogish life 14. Elizab. ca. 5 18. Elizab. cap. 3. Roges There can be none accessaries to these two last felonies Note that some felonies be here omitted either because there is none vse of them nowe or else for that they before particular places as The felonie of proouisours 13. R. 2. Stat. 2. ca. 3. The felony of Woolles Woolsellers 18. H. 6. c. 15. and certain felonies in the Statues of the Staple 27. E. 3. whereof I doubr The felonie of Powdike 22. H. 8. ca. II 2. 3. Phill. Mar. ca. 19. Itseemeth alfo by the 25. E. 3. c. 2. that there is a felonie for riding armed c. which I thinke is not contructed now If any perons haue commaunded counsailed waged or procured to be committed any Petit treason Murder Manslaughter Rape Robberie Burglarte or other the felonies aforesaid Accessaries before If any person knowing the sayd felons haue receiued comforted aided abetted or fauoured them before their attainuer or after Accessaries after Hitherto offelonies and their Accessaries in lay causes If any person haue mayhemed an other of any member whereby he is the lesse able to fight as by putting out his eye striking of his hand finger or foote beating out his fore-teeth or breaking his skull Mayheme And of their Accessories If any haue committed unlawfull assult beating wounding or such like trespasse against the bodie of any man Or haue with force against the law taken the goods of an other or haue done any trespasse in the lands of an other Trespasses Commission of the Peace If any Ordinarie Archdeacon Officiall Shirife Eschaetor Corner Vndershirife Baylife Gaoler or other officer haue by colour of his office or for doing his office taken a greater or more excessiue rewarde or Fée than belongeth to him or haue taken any Fée or rewarde for expedition in doing his office or haue vnlawfully exacted anie Dathe or other vndue thing Commission of the Peace If any Eschaetor other than of suche a Citie Eorowe or Towne as hath auctoritie to make Eschaetors within themselves by letters Patets of the Quéene or hir Progenitors haue taken vppon him that office in this Shire or occupied it by him selfe or an other and had not then in this Shire Landes Tenements or Rents for life at the least of xx â—â— by yeare or haue solde or sette to ferme that office or made any deputies for whome he will not answare and whose names hép hath not certified within 20. dayes after into the Escheaquer 12. E. 4. 9. Eschaetor Or if any Eschaetor hath taken for the execution of any Diem clausit exiremum or other Writte in one Countie aboue fourtie shillings in all or that xl shillings where the landes are not founde to beholden in Capite 23. H. 6. ca. 17 Fitzh 143. Or hath taken for the finding of any Office of landes not excéeding fiue pounde by yeare aboue fiftéene shillings in all for all the thinges thereof 33. H. 8. ca. 22. If any Shirife haue letten his Countie Shirifes and their Ministers c. or any his Bailywikes Hundreths or Wapentakes or haue returned in any pannelles any Bailifes Officers or their seruaunts or seruauntsseruaunts or haue refused to lette to bayle vpon sufficient suerties any person being in his custodie bicause of any action personal
bene the Law of the lande long before that time saying that Misericordia Domini regis est qua quis per inramentu legalium hominum de Viceneto eatenus amerciandus est ne aliquid de suo honorabili coÌ„tenemento amittat But where the offence or Contempt falleth out to be so great that it asketh the imprisonment of the bodie it selfe and that during the Kings will and pleasure then is the partie to redéeme his libertie with some portion of money as he can best agrse with the King or his Iustices for the same which composition is properly called his Fine or his Raunsome in Latine Redeptio as may be plainly séene by the Statue of Marleb 52. H. 3. ca. 1. 2. 3. 4. And by the Statute called Ragman and diuerse other auncient Statuts But of later time the Iustices ahue in sonie cases of Amercements also vsed to assesse and rate them selves without any other helpe As where the Dssicers of their Courts haue offended 33. H. 6. 54 34 H. 6. 20 Lo. 5. E. 4. 5. which séemeth to make an other difference betwene the two wordes But because neither of these be strictly obserued in our common spéeche nor yet in the vndersranding of the Statutes of later time I will no longer stand vpon it Nowe then if the offence be Fineable by generall wordes onely without speaking of any Fine or without shewing by whom it shall be assessed for so it is commonly in the elder Statutes that do prohibite any thing to be done there the assessement thereof belongeth to the Iustices before whome the Conuiction is lawfully had Fine by diseretion of the Iustices Again if it be Finable by these or such like wordes at the Kings will or At the Kings pleasure as you shall find it in many Statuts then also the same Iustices before whom the Conuiction wag shal assesse the Fine at their wills and pleasures for say the Bookes 2. R. 3. 11 18. H. 8. 1. the King in all such cased bttereth his owne will and pleasure by the mouthes of his Iustices And yet some Statutes vsing playner spéech do namely referre the Fine to the discretion of the Iustices of Peace For they may after Conuiction before them Fine by their discretions such as take Salmons or destroy the Fry of Fishe in Kiuers against the Statutes Destroy the Fry of Fish W. 2. cap. 47 13. R. 2. c. 19 17. R 2. c. 9. And as this is sayd of the Fine so sundrie Statutes doe giue the same power to the Iustices of Peace in the execution of the corporal punishment it selset as you haue already heard in the case of counfeiters of false letters or tokens and may reade in oter the Statutes at large For I labour to be short and therefore I giue but an assay of eche thing knowing that these Iustices will not procéede to the execution of any Statute without the sight of the Statute it selfe howsoeuer they should finde it alleaged by me And in these cases as in cases of Amercementes the Iustices ought to take héede that the Fines be reasonable and just hauing regrade to the quantity of the trespase and the causes for which they be made as it is commaunaded by the Statute 34. E. 3. ca. 1. This Fine or peine awarded by the discretion of the Iustices of Peace shall doe the more good both to the Prince in profite to the people in example and to the Iustices themselues in credite if it bée pronounced-at the Benche openly as it ought to bée and not shuffled vppe in a Chamber or Corner secretely as in some places it hath béene bsed to bée Fine to be assessed openly I haue heard that in cases where the Statutes doe appoynt a certayne forfeiture as fiue pounos or fenne poundes c. yet the prartise is to mitigate the same by discretion if so bée that the partie will come in and put himselfe in gratiam Reginae without playne confession of the faulte as I have folde you before Mitigatioa of the forfeiture of a Statute So that the Fine shall bée small where the fault was great and the penaltie of the Law it selfe not small But this maner of doing is in my mind so voide of saunde reason that I can not recoÌ„mende it to the Iustices of Peace but doe rather condemne it as a mockerie of the Law and I finde that sundry Statutes fearing belikw some suche thing haue specially preuented it comnaunding that Iustice of the Peace shall assesse no lesse Fine than is in those Statutes them selues before hande appointed Such is the Statute 17. E. 4. cap. 4 of Tiles the Statute 33. H. 8. ca. 6. of Crossebowes and hand Gunnes and the Statute 5. E. 6. ca. 25. concerning Alcheuses and such others may be found if the Books of Statuts be well perused But hitherto we haue not sufficiently performed that which the Commission of the Peace hath in these wordes Saluis nobis amerciamentis aliâ—s ad nos inde spectantibus and therefore it is not enough to haue assessed the Fine but we must also disclose the meanes by which as well this Fine that is reduced to certainetie by the discretion of the Iustices as all other Amercementes those other penalties and forfeitures that are certainly prefined by wordes of the Statutes may be leuied and brought into the Princes coffers Estreating for the Qucene Order was taken by an auncient Statute intituled de Scaccario and noted to be made 51. H. 3. that all Iustices Commissioners and Enquirers whatsoeuer shoulde deliuer into the Eschequer at the feast of S. Michael yerely the extracts of Fines and Amerciaments taxed and mafe before them that the King might be duely aunswered thereof and the same in effect was after ward confirmed by an other Statute intituled De formamittendi extreta ad Scaccarium which although it be sayd to be made 15. E. 2. Yet forasmuch as it mentioneth that the former Statute was made in the time of the father of that King which made the later it must néedes be that either the one or the other of them was made in the time of King E. 1. No doubt but this ordinance doth extende to the Iustices of Peace as a man may easily gather by words in the Statute of Labourers 5. Elizab. ca. 4 and the act of Sewers 13. Elizab. ca. 9. and other Statutes But because it is verie generall and hath nothing peculiar vnto them from other Iustices I will descende to lower times and looke there for nearcr helpes The Statute 12. R. 2. ca. 1 had allowed to eucrie Iustice of the Peace foure shillings by the daye for the time of their Quarter Sessions to bée payed by the handes of the Shirife of the Fines and Amerciamentes comming of the same Sessions But because it was soone after séene that it was a great delay to the Iustices of Peace in this paymente to expecte the leaying of these Fines