and euery the heire and heires of all and euery the offendor and offendors in any the cases aforesaid and all and euery person and persons 1. M. 12. bodies politicke and corporat their heires successors and executors and euery of them other than such person and persons onely as shall be attainted conuicted and outlawed of any the foresaid offences of felonie shall haue hold enioy all such right title entrie interest leases possessions rents conditions profits and aduaÌ„tages as they or any of them shall or of right ought to haue in or to any mannors lands rents reuersions seruices or hereditaments whatsoeuer or in or to any part thereof in as large manner to all intents as if such attainder had neuer beene had any thing in this act c. notwithstanding c. Sauing to euery person and persons bodies politicke and corporate and their successors their liberties and franchises in such maner as if this act had neuer beene made Procuring others to offend 46 If any person or persons doe moue stirre 1. M. 12. or procure any person or persons to commit any of the offences in this Act specified then euery such person and persons which shall procure stirre or mooue any person or persons so to offend shall suffer such punishment by imprisonmeÌ„t without baile or mainprise as is before expressed in this Act against counsellors of such offendors Vnlawful assemblies by xl or aboue 47 If any persons to the number of fourtie or more 1. M. 12. shall assemble together in forcible manner vnlawfully and of their owne authoritie to the intent to execute doe or put in vre any of the things aboue specified or to doe any other felonious or rebellious act or acts and so shall continue together by the space of three houres after proclamation shall bee made at or nigh the place where they shall be so assembled or in some market towne thereunto next adioyning and after notice to them giuen thereof Then euery person so willingly assembled in forcible manner and so continuing together by the space of three houres after such proclamation made and notice thereof giuen shall bée adiudged a felon A lieutenant shall not appoint a deputie 48 No lieutenant that shall bee made by authoritie or colour of this Act 1. M. 12. or for to execute this Act shall constitute vnder him or in his place any deputy nor shall call or appoint to appeare before him by the onely authoritie of lieutenancie or of commission of lieutenancy any person for any cause or matter whatsoeuer saue onely for the causes and matters expressed in this Acte and for none other Aiding of the offendors after the offence 49 No person or persons shall bee put to any losse forfeiture paine 1. M. 12. or punishment of life land or goods as accessorie to any person or persons that shall commit any of the offences contained in this act for receiuing comforting or aiding of any such offendor after such act committed or done 1. M. 12. 50 No attainder or conuiction of any person or persons The attainder of those offences no corruption of blood for any offence or offences herein contained shall be any corruption of blood betwixt the offendor and any of his auncestors or such person or persons as should haue beene heire to such offendor if no such attainder or conuiction had béene had sauing to euery person and persons bodies politicke and corporat c. their liberties and franâ—â—â—ses in such manner as if this Act had neuer beene made ⧠Of Force forcible Entries and forcible retayning of possessions Vnlawfull force an enemy to peace 1 FOrce and violence executed without warrant of Law be so méere contrarie to the peace and justice of the Realme as disobedience is to loyaltie and contempt to gouernment for whosoeuer doth make a Forcible entrie into lands in the possession of an other doth secretly reuolue in his mind and distrust to himselfe that there is no Law in the Realme to redresse his wrong or no ministers to execute the same and therefore he will sit in iudgement of that cause himselfe and take into his owne hands the distribution of justice and assume into his possession by the strength of his arme what the phantasie of his head shall resolue to be his due whereas the Law in conuenient time would truely satisfie him whether the land in question by the rules of justice be his or not and also assigne him a milde and calme course to recouer all his whole dutie with valuable damages for the time he is iniured And because this force and forcible entrie into lands is so opposite and méere repugnant to the peace and justice of the Realme and tendeth so much to the dishonour of the King and his Crowne and the discredit of the Law that any person by byrth and oath deuoted to the obedience of the King and his Lawes should presume of his owne authoritie by force and strong hand to resist them both and as it were in contempt of them violently to intrude himselfe into an other mans possession before the law hath decided his title therein Therefore the wisedome of the Realme hath by the space of many generations first prouided to restraine those forces and forcible Entries and next to inflict condigne punishment vpon them which were offendors therein Whereupon by a Statute made AnÌ„ 5. There shal be no forcible entry into lands R. 2. the King defended St. 5. R. 2. 7. that none from thenceforth should make any Entrie into any lands and tenements but in case where entrie is giuen by the Law and then not with strong hand nor with multitude of people but only in a peaceble course maner And if any from henceforth do the contrary and thereof be duely conuict he shall be punished by imprysonment of his bodie and thereof ransomed at the Kings pleasure 2 But for that the said Statute of 5. R. 2. did giue no spéedie remedie to those which were expelled out of their lands or tenements nor assigned any speciall persons to suppresse the said disorder Therefore by an other Statute made AnÌ„ 15. St. 15. R. 2. 2 R. 2. it was further ordained The penaltie of forcible entrie into lands or benefices That when any such forcible entrie shall be made into lands or tenements or into any Benefices or offices of the Church and the complaint thereof come to the Iustices of the peace or any of them that the same Iustices or Iustice take sufficient power of the County and go to the place where such forcible entrie is made if he or they find any that holdeth such place forcible after such entrie made they shall be taken and put into the Gaole there to abide conuict by the record of the same Iustices or Iustice vntill they haue made fine and ransom to the King And all they of the Countie aswell the Shirife as other
person so taking or contracting or agréeing to take or haue any thing for the same shall forfeit double the summe of money or value of the thing so receiued and taken or agréed to be receiued or taken And euery person by whom or for whom any money gift or reward as aforesaid shal be giuen or agréed to be paid shal be vncapable of that place or roome for that time or turne shall not be nor had nor taken to be a lawfull fellow scholler or officer of any the churches colledges halls hospitals schooles or societies or to haue such room 〈◊〉 place there But they to whom it shall appertaine at any time thereafter 〈◊〉 and may elect choose present and nominate any other person fit to be elected presented or nominated into the said roome or fellowship as if the said person by or for whom any such money gift or reward shall be giuen or agréed to bée paid were dead or had resigned and left the same And to the intent that euery person that is or may be subiect to the said penalties may take notice thereof This Stat. shall be read at euery election by the said statute it was also ordained That at euery election of fellowes schollers and officers this Act and the Statutes of the same places concerning such election shal be publikely read vpon paine that euery person in whom the default shal be shal forfeit xl l to him that will sue and to the same colledge societie c. Extortion by gathering others money 36 If any person doe leuie and receiue money of certaine other persons 27. Ass p. 15 which they ought to pay in discharge of a fiftéene due by a towne to the king and he doth not pay the same money to the king he may be indited of extortion and the matter beeing found accordingly the offendor shall be distrained to pay the same money to the people of the said towne toward their discharge of the said fiftéene 48. Ed. 3. 8. 37 If a man be amerced in a Court Baron for a trespasse done to the Lord of the Manor and the amerciament is affâ—ired in the Lords court Extortion for amerciament in a court baron this is extortion in the Lord But if the Lord doe accept the amerciament that is a sufficient satisfaction for the trespasse and a good barre in an action of trespasse brought by the Lord against the offendor 38 But though extortion and exaction be prohibited by the lawes Stat. before specified as things offensiue to the lawes and iustice of the Realm No extortion to take lawful fees yet the same law doth allow to each officer and other person to haue a reasonable consideration and satisfaction for his paines according to his countenance degrée and calling and the paines and seruice which he shall doe and imploy in the furtherance or execution of iustice 34. H. 6. 38. 8. Ed. 4. 18. as the L. Chancellor and they which write to the great seale are not to make writs without their fées and if a prisoner be discharged of his imprisomnent by the court paying his fées the Marshall of the Kings Bench the Sherife of the countie nor any Gaoler or keeper of prison ought to detaine him in prison for meat drinke or other thing which he hath bought but for his fées onely But if a man be committed to prison for suspitioÌ„ of felonie 11. H. 7. 16. and after he is acquitted thereof and discharged by the court paying his fées the Sherife or Gaoler may take of him barre-fées and this is no extortion but iustifiable for this money is not taken coÌ„trarie to the foresaid stat of anÌ„ 23. H. 6. which prohibiteth the sherife to take money for shewing ease or fauour to any person arrested Taking of barre-fees no extortion For this barre-fée is money which the court froÌ„ one age to another hath in discretion assigned the prisoner so discharged to pay to the Sherife or Gaoler for his great paines and charge for the safe keeping of the prisoners for attending vpon them and for conueying of them safely to the barre and from it to the prison If a man bee committed to prison for two seuerall felonies 26. Ass p. 47. and after he is discharged by the court paying his fées he shal pay but one fée for the Gaolers attendance was but vpon one person And if the Sherife or Gaoler take from a prisoner in his custodie the money in his purse or any garment that he hath this is no extortion but a trespasse for the recouerie whereof the prisoner may haue an Action of trespasse against the same Sherife or Gaoler and recouer the value thereof in dammages No extortion for gloues giuen vpon the allowance of pardon And if a man indited and arraigned of felonie 4. Ed. 4. 10. doth plead and shew forth the Kings pardon of the same felonie which is allowed by the court whereupon hee doth pay and giue his fées of gloues to the Iustices and other officers of the court this is no extortion 34. H. 6. 38. but an auncieÌ„t fée and lawfully due vnto them If the Iustices in an especiall Assise doe take their lawfull fées this is no extortion for they are not bound to sit vnlesse they haue them 34. H. 6. 42. 39 If a man that is attainted of trespasse doe come into the court Extortion in taking fees of him that doth appeare gratis where he was attainted and prayeth to make his fine to the King and offereth pledges for his fine if the Warden of the Fléet or other Kéeper of a prison do take any fées of him it is extortion seeing hee came in gratis and out of ward and yéelded himselfe to the court But if there be proces awarded against him for his said fine and he be taken thereby then he shall pay his fées to the warden or Kéeper c. and it is no extortion to take them for that he came in by compulsion and not willingly St. 27. H. 8. 26. 40 After that by the Stat. of anÌ„ 27. H. 8. it was enacted That the Kings countrie or dominion of Wales should be incorporatd vnited and annexed to and with the Realme of England and that all persons borne and to be borne in the said Principalitie and dominion of Wales should haue enioy and inherit all and singular fréedomes liberties rights priuiledges and laws within this Realme and al other the kings dominions as other the Kings subiects borne within the same haue enioy and inherit And that the lawes ordinances and statutes of this Realme of England for euer and none other shall bée vsed and executed in the said dominion of Wales and euery part thereof in like manner forme and order as they be in this Realme And that the said dominion of Wales was by the said Statute of 27. H. 8. and by the statute of anÌ„ 34. H. 8. diuided into xij
or if any person or persons to whom the sayd othe by any Commission or Commissions shall be limited or appointed to be tendered refuse to take or pronounce the said othe in manner and forme aforesaid that then the partie so refusing and being thereof lawfully indicted or presented within one yeare next after such refusall and conuicted or attainted at any time after according to the lawes of this Realme shall suffer and incurre the daungers penalties paines and forfeitures ordained and appointed by the Statute of Prouision and Praemunire made An. 16. R. 2. St. 16. R. 2. 5. And also if any of the persons aboue named and appointed by this Act to take the othe aforesaide doe after the space of thrée moneths next after the first tender thereof The second refusall of the Othe high Treason the second time refuse to take and pronounce or doe not take and pronounce the same in forme aforesaide to be tendered That then euerie such offendor and offendors for the same second offence and offences shall forfeit loose and suffer such like and the same paines forfeiture iudgement and execution as is vsed in cases of high treason No corruption of blood or forfeiture of dower But no attainder by force of this Act shall extend to make any corruption of blood the dis-heriting of any heire forfeiture of dower nor to the preiudice of the right or title of any person other than of the offendor during his her or their naturall liues onely c. But forasmuch as the Quéene is otherwise sufficiently assured of the faith and loyaltie of the Temporall Lordes of her high Court of Parliament Therefore this Act shall not extend to compell any temporall Lord of or aboue the degrée of a Baron of this Realme Temporall Lords discharged of the Othe to take or pronounce the Othe aforesaide nor to incurre anie penaltie limited by this Acte for not taking or refusing the same Prouided alwayes that no person shall be compelled by vertue of this Acte to take the Othe aboue mentioned at or vpon the second time of offering the same according to the forme appointed by this Statute except the same person hath béene is or shall bée an Ecclesiasticall person that had hath Who only shal take the Othe vpon the second tender or shall haue in the time of one of the Raignes of the Quéenes father brother or sister or in the time of the Quéenes Maiestie her heires or successors charge care or office in the Church Or such person or persons as had hath or heereafter shall haue any office or ministerie in any Ecclesiasticall Court of this Realme vnder any Archbishop or Bishop in any the times or raignes aforesaide Or such person or persons as shall wilfully refuse to obserued the orders and rites for diuine seruice that bee authorized to be vsed and obserued in the Church of England after that he or they shal be publikely by the Ordinary or some of his Officers for Ecclesiasticall causes admonished to kéepe and obserue the same Or such as shall openly and aduisedly depraue by wordes writings or any other open fact any of the rites and ceremonies at anie time vsed and authorized to be vsed in the Church of England Or that shall say or heare priuate Masse prohibited by the Lawes of the Realme And all such persons shall be compellable to take the Othe vpon the second tender or offer of the same and incurre the penalties for not taking the saide Othe and none other 16 Because diuers seditious and euill disposed people haue lately procured and obtained to themselues from the Bishoppe of Rome and his Sée diuers Bulles and Writings the effect whereof hath béene and is to absolue and reconcile all those that will be contented to forsake their due obedience to the Quéene and to yéelde and submit themselues to the vnlawfull and vsurped authoritie of the saide Bishoppe and his Sée and by colour of the saide Bulles and Writings haue by their lewd practises and perswasions so farre wrought that sundry simple and ignorant persons haue béene contented to be reconciled to the saide vsurped authoritie and and to take Absolution at the handes of the aforesaide subtile practisers whereby there hath growen disobedience in many to absent themselues from diuine seruice and thought themselues discharged from all allegeance to her Maiestie whereby vnnaturall Rebellion hath ensued For redresse whereof and to preuent great inconueniences that might ensue by a Statute made Anno 13. Elizab. 2. it was enacted St. 13. El. 2. That if any person or persons shall vse or put in vre in any place within this Realme Giuing or taking absolution by any bulles from Rome or any the Quéenes dominions any bull writing or instrument written or printed of absolution or reconciliation obtained from the Bishop of Rome or any his successors or from any other person or persons authorized or claiming authoritie by or from the said Bishoppe his predecessors or successors or Sée of Rome Or if any person or persons shall take vpon him or them by colour of any such bull writing instrument or authoritie to absolue or reconcile any person or persons or to graunt or promise to any person or persons within the Realme or any other the Queenes Dominions any such absolution or reconciliation by any speach preaching teaching writing or any other open déede Or if any person or persons within this Realme Obtaining of bulles from Rome or any the Quéenes Dominions shall willingly receiue and take any such absolution or reconciliation Or else if any person or persons haue obtained or gotten since the last day of the Parliament holden Anno 1. Elizab. or shall obtaine or get from the said Bishop of Rome or any his successors or Sée of Rome any manner of bull writing or instrument written or printed containing any thing matter or cause whatsoeuer or shall publish or by any waies or meanes put in vre any such bull writing or instrument Then all and euery such Act and Acts offence and offences shall be déemed and adiudged to be high treason and the offendor and offendors therein their procurers abettors and councellors to the fact and committing of the saide offence or offences shall be déemed and adiudged high traitors to the King and the Realme and being thereof lawfully indicted and attainted according to the course of the Lawes of this Realme shall suffer death and forfeit all their lands hereditaments c. and cattells as in cases of high treason by the Lawes of this Realme ought to be lost and forfeited c. All and euery ayders The forfeiâ—â—res of Ayâ—â—rs Mainâ—â—inors c. after the offence comforters or maintainers of any of the saide offendor or offendors after the committing of any of the saide actes or offences to the intent to set foorth vpholde or allow the dooing drexecution of the saide vsurped power iurisdiction or authoritie concerning the premisses or any part thereof
drewe his knife to kill him and the defendant lying vpon the ground drew his knife and the assailant was so hastie to kill the defendant that he did fall vpon the defendāts knife and so was slaine In this case the defendant was not adiudged guiltie of the assailants death neither did he forfeit his goods for the assailant in a maner killed himselfe But if one man doe strike another and the defendant doth flie to a straite Fi. Cor. 286 287. and there béeing and perceiuing that the assailant would kill him holdeth a pitchforke betwéene the assailant and him and the assailant is so fierce that he runneth vpon the pitchforke and is slaine In this case the defendant shal be forced to purchase his pardon and shal forfeit his goods for here he did not lie vpon the ground but stood vpon his féet and so might haue made some other defence for his safety that the other in the case aforesaid lying vpon the ground could not doe Killing of a man in his owne defence found by verdict 16 When a man is indicted and arraigned of murder or manslaughter 43. Ass p. 31 26. H. 8. 11. it is not a sufficient verdict for the Iurie to say that the prisoner killed the dead man in his owne defence but they must shew specially how And though it be specially found vpon the indictment yet the prisoner shall not bee discharged vntill he hath purchased his Charter of pardon for that it is a confession by implication of the indictment Or otherwise he shall wholly estrange himselfe from the fact and plead not guiltie And this is done to the intent to induce a forfeiture of his goods which be forfeit for the said offence for the better corroboration and establishment whereof the Statute of Anno 6. E. 1. St. 6. E. 1. 9 made at Gloucester was ordained by which it is enacted That no writ shal be awarded out of the Chauncerie touching the death of a man to enquire if a man killed another by misaduenture or in his own defence or in other manner without felonie but the prisoner shall remaine in the Gaole vntill the comming of the Iustices in Eire or assigned to deliuer the Gaole and thē he shal put himselfe vpon the countrie before them of good and euill And if it be found by the countrey that he did it in his owne defence or by misaduenture the Iustices shal giue intelligence thereof to the King the king shall giue him pardon if he please And so note that thogh by this Stat. the life of a man is meant to be pardoned Why the goods shal be forfeited who doth kill another by misfortune 21. E. 3. 17 or in his own defence for the which by the common law he should haue bin hanged yet his goods do remain forfeit to the K. as they were at the common law Et ipse in misericordia dn̄i regis 17 Whereas the foresaid Statute of Anno 6. Ed. 1. hath ordained The prisoner indited must put himselfe vpon the countrey That the prisoner shall put himselfe vpon the Enquest of good euill that is to be intended when he is indited of murder or homicide not where in the inditement the speciall matter is found for to such an indictment of murder or homicide 4. H. 7. 2. Kel fol. 53. 26. H. 8. 5. he must plead not guiltie because it is no plea to plead the special matter viz. that he killed the dead man in his owne defence for then it should be as a iustification of the offence whereas this kind of homicide is in no manner iustifiable wherefore he must plead not guiltie and then the special matter being found by verdict shall giue him aduantage 18 He that is in this manner charged for the killing of a man in his owne defence shal not be discharged therof vntil he hath obtained the Kings pardō How he shall be discharged who killeth a man in his own defence or be acquit thereof and then his discharge shal be in this manner viz. if he desire to purchase his pardon he shall first be let to mainprise then shall sue to haue the Record certified by the Iustices before whom he was arraigned to the Chauncellor of England Fi. Cor. 116 361. Fi. N. B. 246. who shal make him a charter of pardō without speaking to the king for the giuing of intelligence to the King wherof the foresaid Statute of Gloucester maketh mentiō is intended to certifie him in the Chancerie for that in law the King is alwaies said to be present in the Chancery to giue eare to euery of his Subiects petitions 19 Homicide by misaduenture is when any person without any euil intent doth a thing that is lawfull or which is not prohibited by the law Homicide by misaduenture yet another is slaine or commeth to his death thereby as if a man casteth a stone at a bird or a beast another man or woman passing by the way is stricken thereby dieth Or if one man be in felling of a trée and the same trée What is homicide by misaduenture or some arme or bough thereof falleth vpon another person killeth him Or if one do shoote an arrow at a Butte or other marke and another passing that way is killed therwith Or if one man do let a stone or a péece of timber fal frō a house or out of a window and another passing that way is killed by it this manner of killing is homicide by misaduenture Fi. Cor. 302 354. St. 6. Ed. 1. 9. for the which he that doth kill shal haue his pardon of course as it doth appeare by the before rehearsed stat of Gloucester and also he shall forfeit his good as in the foresaid case of killing of a man in his owne defence But in this case it is to be considered whether he that committed this homicide by Misaduenture was then busied in a thing that was lawfull or vnlawfull for if he were doing of a lawfull act as if the Schoolemaster do in reasonable manner beat his Scholler for correction onely or the master his seruant and after the Scholler or Seruant dieth Or two men doe by consent wrestle one with another Kel fol. 108 136. and one giueth the other a fal and hurteth him whereby he dieth Or one doth play with the other at hand sword by consent and one of them giueth the other a blowe or thrust whereby he dieth or if a mā do cast wood stone or other thing from a cart a house or from a window houel or ricke another is oppressed therewith and dieth Or if a man béeing in due and conuenient time doing any thing that might bréed danger to passengers thereby doe crie out with so loud and audible voice to giue warning therof that any other which trauelleth that way may heare and flie the perill and yet one carelesse and nrt respectiue of
purpose in whatsoeuer other Shire or place within the Kings Dominions or without such offences of Treasons misprisions of Treasons or Murthers so examined were done or committed and that in such cases no challenge for the Shire or Hundred shall bee allowed After which Statute there was a Statute made Anno 1. 2. Ph. Ma. whereby it was ordained St. 1. 2. P. M. 10. That trials to be hereafter had awarded Triall of Treason or made for any Treason shal be had and vsed only according to the due order and course of the common lawes of this Realme and not otherwise 12. El. Dyer fol. 286 The foresaid stat of 33. H. 8. is repealed by the said stat of 1. 2. Ph. M. touching the indictment and triall of Traitors B for they are to be indicted and tried in the county where the offence was committed or by fréeholders of that county according to the course of the common law notwithstanding that they haue confessed their offences before iij. of the K. Councell But for the triall of Murther the said stat of 33. H. 8. doth continue in force 11 For as much as some doubts and questions were moued whether certaine kinds of Treasons misprisions and concealements of Treasons committed out of the Realme of England and other the Kings dominions can or may by the common lawes of this Realme be inquired of heard and determined within the Realme of England Therefore for a plaine order remedy Indictments and trials of Treasons cōmitted out of this Realme and declaration therein to be had St. 35. H. 8. 2 by a statute made Ann̄ 35. H. 8. it was enacted That all manner of offences being already made or declared or hereafter to be made or declared by any of the Lawes and Statutes of this realme to be Treasons misprisions of Treasons or concealements of Treasons and done perpetrated or committed or hereafter to be done perpetrated or committed by any person or persons out of this Realme of England shall be from henceforth inquired of heard and determined before the kings Iustices of his Bench for pleas to be holden before himselfe by good and lawfull men of the same shire where the said Bench shall sit and be kept Or els before such commissioners and in such shire of the realme as shal be assigned by the kings commission and by good and lawfull men of the same shire in like manner forme to all intents and purposes as if such treasons misprisions of treasons or concealements of treasons had bin done committed within the same shire where they shal be inquired of heard and determined as is aforesaid But if any péere of this Realme shall be indicted of any such Treasons or c. he shall haue his triall by his Péeres B If any subiect of this Realme being beyond the sea doth practise with the Prince or Gouernour of another countrey to inuade this Realme of England with a great power and in his practise doth declare by what meanes how and in what place the same may be done 13. El. Dyer 298. and though there be no such inuasion yet this practise is high Treason Treason practised beyond the sea for an inuasion with power may tend to the destruction or great perill of the person of the King And this offence shall bée tryed according to the foresaid Statute of 35. H. 8. which Statute doth remaine in force and is not repealed by the before rehearsed Statute of 1. 2. Ph. Ma. 10. Indictment in the County of Lancaster of a forraine 12 For the conseruation tranquillity and peace of the Kings liege people as well within the County Palantine of Lancaster as of other his liege people out of the said County within the Realme of England by a statute made Anno 33. H. 6. it was established St. 33. H. 6. 2 That euery Indictment to be taken before any of the Kings Iustices in the County Palantine of Lancaster or before any Shirife in his Turne in the said County whereby any person or persons be supposed by the same Indictment to be or to haue béene inhabiting or conuersant out of the said Countie and within any other Countie within England shall be taken by verdict of twelue men whereof euery of them or some other to their vse shall haue Lands and Tenements to the yearely value of an hundred shillings and no proces shall be made out of such Indictment before it be duly examined before the Iustices within the sayd County whether the said Indictors and euery of them at the time of such Indictment taken had lands and tenemēts within the said County of Lancaster to the yearely value of an hundred shillings aboue all charges And if it be found that euery of the said indictors at the time of the said Indictment taken had not lands c. to the said yearely value of 100. shillings then the Indictment as to such persons so indicted supposed by the said Indictment to be inhabiting or conuersant out of the said County of Lancaster shal be void Indictment in a forraine County of a Lancashire man 13 And by the same statute of Ann̄ 33. H. 6. it was likewise enacted St. 33. H. 6. 2 That euery Indictment from henceforth to be taken within any County of the said Realme and out of the said County of Lancaster before any Iustice or the shirife in his Turne whereby any person or persons supposed by the same indictment to be or to haue bin conuersant or inhabiting within the said county of Lancaster and without such county where such indictment shall happen to be taken shal be taken by verdict of twelue men whereof euery of thē or some other person or persons to their owne vses shall haue lands and tenements to the value of 100. shillings And that no proces be made out of any such indictments before it be duly examined and inquired before the K. Iustices hauing power to award any proces vpon such indictments whether the said indictors and euery of them at the time of such indictments taken or any other person or persons to their vse had any Lands or Tenements to the yearely value of an hundred shillings within the same Countie aboue all charges where such Indictments happen to be taken And if it be found before the King or any of his Iustices that the said Indictors or any of them had not at the time of such Indictment taken nor that none other to their vse had Lands and Tenements to the yearely value of an hundred shillings that then the said Indictment as to any such person or persons supposed by the said Indictment to be or to haue bin inhabitants or conuersant within the said County of Lancaster shal be void and of none effect 14 Though by the rules of the common Law euery offendor shall be tried in that County wherein he is indicted and he shall be both
nothing for that they be discharged of their charge and seruices which they did hold by which was as much as they receiued of the tenant perauaile And if they held of the King by lesse rent than their tenant perauaile held of them they shall haue the surplusage of that which was holden of them of the king by the way of petition Fitz. Assise 124. Fitz. Petition 19. And if the king doe not kéepe the land so escheated vnto him in his hands but will assure it to another hée must reuiue the tenure in the Mesne Lord to hold of them of whom it was holden before the attainder It appeareth by the statute of Praerogatiua Regis cap. 12. That the Kings and whole Court of Parliaments meaning was at that time when it was published and established by Parliament which were the Prerogatiues royall annexed to the Crowne of England by the common law That of such lands as did escheat to the King the seruice of the Lord of the fée should be reserued for the words of the Statute bee these viz. St. 17. Ed. 2. 12. The King shall haue escheat of the lands of Normans to whose sée soeuer they belong Sauing the seruice appertayning to the chiefe Lordes of the same Fée And King Henrie the third gaue the Escheates of Normans landes to bee holden of the chiefe Lordes of the Fee by Seruices and Customs due and accustomed thereunto Some of which Normans dwelling in Normandie at that time had lands in England and were subiects to the King of England and did forsake their obedience to the King of England and became subiects to the K. of Fraunce the King of Englands enemie and therby did forfeit those lands which they had in England by the common law and they did escheat to the king 48 In Petit Treason Who shal haue the forf in petit treason and felony and Felony the king shal not haue the escheat of the offendors land vnlesse it be holden immediatly of him but the king shal haue the profits of the said offendors land by the space of a yeare and a day and the land shall be wasted and destroyed in the houses woods and gardeins and in all things belonging to the same and then it shall bee deliuered to the chiefe Lord of the fée of whom the same land is immediatly holden And yet in some cases the King shall haue the forfeiture of the land of him which doth commit Petit Treason or Felonie though the land be holden of others and not of him St. 17. E. 2. 14. as it appeareth by the Statute of Praerogatiua Regis which hath ordained That the king shall haue the escheates of lands of Archbishops and Bishops fréeholders when such tenants be attainted of Felony committed in time of vacation whilest their temporalties were in the Kings hands to bestow in what sort it shall please him Sauing to such Prelats the seruice that to them is due and accustomed And therefore sauing in the cases aforesaid the mesne Lords of whom the lands be immediatly holden shall haue their escheats of their fréeholders lands that haue committed Petit Treason or Felonie which land after the King hath hath had the yere day and wast thereof they must haue deliuered vnto them out of the kings hands by suing out of a writ S. Br. 39. 49 If any stranger The Lords remedy for lands escheated vnto him or other sauing the King doth intrude into that land whereof the felon attainted was seised at the time of the felony committed the immediat Lord of the fée of whom the same land is holden may enter vpon him and put him out or else he may haue his writ of Escheat against him In the which writ he must rehearse the iudgement giuen against the person attainted viz. if he were attainted by outlawrie to alledge Eo quod praedictus A. feloniam fecit pro qua vtlagatus fuit and if he were attainted by abiuration to say Pro qua regnum nostrum abiurauit and if he were attainted by confession or verdict to say Pro qua suspensus fuit and if hee doe alledge one of those iudgements Fitz. Escheat 14. Fitz. Escheat 8. Fitz. Escheat 6. in the stead of another his writ shall abate And yet he néed not rehearse the manner of the felonie in his writ nor in his count but generally that he committed felonie And though there be error in the iudgement yet the Lord shall haue a writ of Escheat and the tenant shall not falsifie the iudgement by the errour 46. E. 3. 4. 50 Island escheat to the auncestor The heirs remedie for land escheated to his auncestor because his tenant was attainted of felonie and the auncestor dyeth before he doth bring his writ of Escheat or doth enter In this case the heire may haue a writ of Escheat and suppose that the partie attainted did hold of his auncestor Fitz. Escheat 17. 51 If a lease of land be made for the terme of life reseruing to the lessor a rent and the lessor payeth his seruices to the chiefe Lord and then the lessor is attainted of felonie Where the Lord shall haue his writ of Escheat and where he may enter and after the tenant for terme of life dyeth In this case the Lord paramount may haue a writ of escheat of the land for the rent which was reserued vpon the lease doth come in stead of the land and so in the consturction of law he died seised of the land But if no rent had béen reserued the Lord might haue entred into the land as escheated vnto him 6. H. 7. 9. but could not haue recouered it by a writ of Escheat no more than if his tenant being disseised had bin attainted of felony in which case his only remedy is to enter The forme of a 〈◊〉 of Escheat 52 This is the forme of the writ of Escheat Rex vicecomiti B. salutem Praecipe A. quod iuste sine dilatione reddat B. decem acras terrae cum pertinentijs in N. quas C de eò tenuit quae ad ipsum B. reuerti debent tanquam Escaeta sua eò quod praedict ' C. feloniam fecit pro qua suspensus fuit vt dicitur Vel pro qua vtlagatus fuit vt dicitur vel pro qua regnum abiurauit vt dicitur Et nisi c. And though the indictment was executed in other maner than is rehearsed in the writ yet the writ shall not abate Register fo 165. as if he were Decapitatus non suspensus for the execution of the iudgement is not material so that he had such a iudgement for the action is true though the writ be not true The K. remedie for land escheated to him 53 In all cases of felony if the king ought to haue the escheat he must haue an office found for him before he can enter for vntill the office found the king hath but a
VIRTVTE DOCTRINA PARIT DE PACE REGIS ET REGNI viz. A Treatise declaring which be the great and generall Offences of the Realme and the chiefe impediments of the peace of the King and the Kingdome as Menaces Assaults Batteries Treasons Homicides and Felonies Ryots Routs Vnlawfull assemblies Forcible entries Forgeries Periuries Maintenance Deceit Extortion Oppression And how many and what sorts of them there be and by whome and what means the sayd Offences and the Offendors therein are to bee restrained repressed or punished Which being reformed or duly checked Florebit pax Regis Regni Collected out of the Reports of the Common Lawes of this Realme and of the Statutes in force and out of the painfull workes of the Reuerend Iudges Sir Anthonie Fitzharbert Sir Robert Brooke Sir William Stanford Sir Iames Dyer Sir Edward Coke Knights and other learned Writers of our Lawes By FERDINANDO PVLRON of Lincolnes Inne Esquier LONDON Printed for the Companie of Stationers An. Dom. 1609. Cum Priuilegio The Preface to the Reader SEeing wee all haue receiued and allow it for truth That the ignorance of the Law doth excuse none of offence and also That the Law doth helpe the watchfull and not the slothfull man therefore it behoueth each person first to seeke the knowledge of those Lawes vnder which he doth liue and whereby he is to receiue benefit or to sustaine perill and next with al industry to frame his obedience vnto them or humbly to submit himselfe to the censure of them And though wee find by experience that some men by the sluggishnesse of their natures others by the carelesnesse of their owne welfares and a third sort wholly giuen ouer to pleasures and vanities do little respect to know and lesse to obey our criminall capitall Laws being things of great moment and importance and therfore doe ofttimes tast the smart of them and repent their follies when it is too late Notwithstanding for that there be many others which do endeuour to read them and imploy their industrie to conceiue them some for the increase of their knowledge others in their actions to be directed by them and many for the eschewing of the penalties of them yet do not wholly addict themselues to the studie of the Law therefore as neere as I can to satisfie the desires and to giue contentment to al the persons aforesaid I haue done my endeuor in this Treatise to lay open to all them that are willing to read and thereby to know which be the offences that the Law doth in generall tearmes condemne and do most tend to the breach or blemish of the peace of the Realme and to the dislike of all the good members thereof and what punishments she hath imposed vpon the transgressors therein and by whom in what maner to be inflicted If one man do pretend title vnto sue to recouer any land lease or goods of anothers all strangers stand indifferent and meddle no further but onely wish well to him that hath the best title desire that iustice may be done and right may preuaile but if a Treason Murder Burglarie Robberie Theft notorious Riot Forgerie Periurie Extortion or Oppression be committed then each man in conceit maketh it his owne case doth in a sort take it to bee done to himselfe and all persons generally do find fault with the transgressors therein they exclaime of them condemne thē in their hearts cry Crucifige vpon them And therefore the crimes aforesaid such like may bee tearmed generall offences partly for that they do redownd to the generall dislike of all the good members of the realm and partly for that they tend to the breach or blemish of the peace being a thing generally imbraced or wished for which the king all his good subiects are bound and in a sort haue vndertaken to maintaine and therefore as the king hath an interest in them or iurisdiction ouer them all to punish the offendors in them as transgressors of his lawes and disquieters of his peace and people so hath euery other well gouerned member of the Commonweale a care and regard of them foreseeing that he may receiue the like wrong and tast the same abuse by the said or other such malefactors meanes and for that cause doth proclaime open warre against them and is as desirous to root them out as the husbandman his thistles out of his good corne or the gardner his nettles from his sweet flowers Wherefore seeing a guiltie person in any of the crimes aforesaid is persecuted in deed or consent by all wishing well to the Weale-publique or their owne priuat estates it is requisit that good men which eschew to offend for the loue of vertue and euill men which feare to offend for the dread of punishment should both know those lawes which they are to make vse of and the penalties which be threatned to the infringers thereof to the intent that the good man hauing a will to stand may trust to his feet remaine firme and continue his integritie and the euill minded man beginning to stagger may bend his endeuour to stay and slide no further All which by this worke good Reader I labour to performe to the intent that the well meaning man being made the better and he that before was lewdly disposed the lesse hurtfull may both at the last meet and ioyne in seeking and furtherance of that peace which will be comfortable to the King and Realme and pleasing both to God and man The question may be asked me Wherefore I intitle my Booke De pace Regis Regni and yet do chiefly make mention therein of those crimes which doe most disturbe the peace of the King and the kingdome and so make the Booke and the title as it were oppositum in subiecto Whereunto I answer That the peace whereof I do write is not obtained by the said offences committed but by the lawes that do punish or restraine them which lawes also I haue set downe at large in this Treatise being the principall marke that I desire the Reader to behold As many Physitians haue written large volumes of seuerall infirmities in mans bodie and then expressed which bee the Medicines to cure them not to the intent to allure the Reader to seeke the disease but how to preuent it before he hath it or how to be rid of it when he hath taken it And seuerall Diuines haue composed whole Tomes of Pride Malice Couetousnesse and such like offences not to the intent to intice the fraile man to fall into them but to shew the enormities of them how grieuous they bee in Gods sight and how hee hath threatned deepely to plague the offendors therein to the end they might dehort and discourage transgressors from them and might allure and winne them to humilitie forgiuenesse patience charitie repentance and other vertues And so I name my Booke of the quiet euent and not of the persecuting cause of
the patient cured and not diseased of the sinner reclaimed and not persisting in vice of that peace which I would haue and wish might flourish and not of those Lawes that by awe do worke it For these Lawes whereof I doe write and some others How the Lawes doe preserue the peace of the King doe preserue the peace of the King in that they doe assure vs who is our King doe settle and continue the Crowne on his head do put the Sword and Scepter in his hand doe attribute to him seuerall Regall Titles Honours and Prerogatiues doe bind his Subiects to performe all loyaltie duetie and obedience vnto him and lay heauie punishments vpon the withstanders or deniers thereof These Lawes bee as his Priuie Counsellours incessantly respecting the preseruation of his person peace Crowne and dignitie These be as his Gentlemen Pentioners attending daily in his presence to do him all princely honor and seruice These bee as the Yeomen of his guard waiting day and night to protect his person in peace from all forcible assaults and other perils These bee as his great and goodly Shippes which lye houering on the Seas and his strong castles and forts of defence which stand firmly vpon the land wherewith he doth preuent forrein hostilitie represse inward tumults and so keep himself and his people in peace These be as the Iudges Iustices Sherifes Constables and other Officers watching euerie houre and moment in all the Shires places corners and creekes of the Realme to represse outrages and to maintain his peace And lastly these be to him as his mynt by which he doth coyn gold and siluer to defend himselfe and his people in the time of warre and to support his honour and royall estate in the time of peace How the Lawes doe preserue euerie person in peace And also by the protection of these Lawes euerie good member of the whole kingdome doth receiue the like benefit of peace for in feare of them each person doth enioy his life and limmes in peace and is defended from the bloudie minded murderer and manqueller and the rage of the furious quareller and fighter And in feare of them the housekeeper resteth in peace with his wife and family vnder his owne roof without being assaulted by burglers And in feare of them the traueller iournieth in peace from one country to another without being spoiled by robbers And in feare of them the Grasiers cattell do feed quietly in his pasture without being stolne by theeues The terrour of the Lawes do ofttimes restraine cholericke or contentious spirits from Batteries Riots Routs Forcible entries and other outrages and couetous and greedy persons from practising or procuring of forgeries and godlesse and irreligious people from persuading or committing of periuries and false and guilefull persons from putting in vre of frauds and deceits and impudent and shamelesse men to wrest from others by briberie extortion or oppression And diuers there be who neither by the lawes of God of nature or reason will be bridled and reduced to vertue yet by the penalties feare of some of our capital and criminal laws do yeeld to be curbed refrain from the practise of their vicious liues of whom the saying of the Poet may be verified Oderunt peccare mali formidine poenae And so I may truly verifie that the Lawes whereof I do write be the meanes of the peace of the K. and the kingdom And so long as the offences in this Treatise specified shall be reformed or duely checked by these Lawes Florebit pax Regis Regni But though peace be mine end and peace the marke that I roue at yet there be some that thinke that the diuulging of our criminall and capitall Laws in our mother tongue will not be a meane of that peace which I do so much ayme at for that as they surmise the same Lawes may then be misconstrued by euerie ignorant and vnlearned person that can read English and the sence and meaning thereof may be mistaken the reader himselfe may be led into errour and others may be misinformed by his imbecilitie of iudgement seeing the same reader is able only to looke into the letter of the law and not to discerne of the intent of the makers or of the true sence thereof And do alledge for their reason the same that was obiected at the making of the Statute of Ann̄ 34. H. 8. St. 34. H. 8. ordained for the restraint of seuerall persons to read the Scriptures in the English tongue for feare of raising of heresies and schismes in Gods church surmising then that ignorance was the mother of deuotion as these men now would make her of obedience But if the same parties will looke backe they shall find the said Statute repealed St. 1. E. 6. 12 and by the learning and practise of the former our present age the reason aforesaid refelled Men may not surcease to read the Scriptures because the diuell misconstruing the Psalme Psal 90. Math. 4. would haue persuaded thereby Iesus Christ the sonne of God to cast himselfe downe headlong from the pynacle of the Temple Nor for that the Saduces being deceiued in a place of Deutronomie Deut. 25. Math 22. would haue inferred by the woman which maried seuen brethren that there is no resurrection of the dead Nor for that S. Paul in his Epistles did write certaine obscure things to be vnderstood 2. Pet. 3. which vnlearned and vnconstant men depraued as they did other Scriptures to their owne destruction For this deprauing misconstruing or wresting of the lawes of God or man out of their true meaning proper sence doth conuince the reader of ignorance pride selfe loue or folly and doth nothing impeach the credit of the same laws nor the necessitie or conueniencie of them nor the considerat iudgement of the law-makers We perceiue by the questions demurrers argumēts which oft do arise amongst the reuerent Iudges and learned men in the lawes of our Realme touching the construction and true meaning of diuers of our Statutes and common lawes that the old Prouerbe is true Nemo nascitur artifex viz. No man is borne vnto or at the first can obtaine the perfect vnderstanding of any learning science or art whatsoeuer but euerie person beginneth in ignorance then increaseth in knowledge by little little according to his capacitie and diligence For as the Pomander doth giue a pleasant sauour only whē it is rubbed and the flint doth yeeld fire onely when it is beaten so knowledge in all lawes and other learnings is obtained onely by much studie due consideration deep digestion thereof as an hole is made in the hard stone by the often dropping of the soft and liquid water And therfore if the busie searcher of other mens knowledge and carper at their ignorance will with the eyes of his mind looke into the old and new Testament and euery booke place and particle thereof and into
infoelicitas in vijs eorum viam pacis non cognouerunt And againe speaking in their persons Psal 11. he saith Qui dixerunt linguam nostram magnificabimus labia nostra a nobis sunt quis noster dominus est And for that case the same king well obseruing the sea of mischiefes miseries and calamities which daily doe flow from euill tongues made his humble prayer vnto God to graunt him power to be watchfull of his owne tongue Psal 140. saying Pone custodiam ori meo et ostium circumstantiae labijs meis And when he perceiued that God had heard his prayer Psal 38. he said ioyfully Dixi custodiam vias meas vt non delinquam in lingua mea viz. I haue made a full resolution and promise to my selfe that I wil so vse and gouerne my spéech that I will neuer offend in my tongue And the said king telleth vs plainely that there is no other meanes to haue the comfort of this life Psal 33. and to enioy good daies in this world but to restraine the tong from speaking of euill the lips from powring out mischiefe and to séeke peace and follow it Prou. 18. And his sonne king Salomon confirmed the same saying Vita est mors in manibus linguae And though slaunderous speeches and menaces be but words and may be taken but only as a smoke a breath or blast of wind and so to vanish and be dispersed in the aire like dust yet experience doth teach vs that by the imbecilitie of mans iudgement and the corruptionn of his nature they be vsed as firebrands of priuat and open grudges quarrels conspiracies most other tragicall turbulent stratagems and therby a verbis ad verbera peruentum est And we seldome heare of any the said enormities effected but they tooke their beginnings of menaces threats slanders or other euill words which offences growing by menaces other spéeches tending to contention and the breach of the peace the whole bodie of this realm hauing déeply tasted the smart therof desirous to preuēt the like by a stat made an̄ 18. Stat. 18. E. 3. E. 3. did ordain that the K. Iustices amongst other articles shal be sworn in case any of what estate or condition they be come before thē in their Sessions with force armes or otherwise against the peace Sta. 2. E. 3. 3. or against the form of the statute therof made or disturbe execution of the common law or to menace the people that they may not pursue the law they shall cause their bodies to be arrested put in prison Menacers shal be imprisoned And in case they be such that they cānot arrest them the same Iustices shall certifie the K. of their names of their offence speedily so that he may therof prouide conuenient remedie There is another foule puddle that ouzeth frō the same corrupt gogmire distilleth out of a heart likewise infected with malice enuie but is deuised and practised by another mean thā the former which is by libelling secret slandering or defaming of another for this priuie backebiter doth not by words impeach his aduersarie in so manifest and turbulent maner as the cholerick menacer in his furie doth but seeming to sit quietly in his studie he doth more déeply pinch him infixeth a more durable wound into his fame credit than the other boistrous fellow doth into his bodie who in a moment threatneth to do more than peraduenture he after is willing or dareth to performe in an age The menacer layeth open his name his grief and standeth in the face of his enemy discouereth the corasiue of his mind doth thereby giue a forewarning to his aduersarie to prouide for defend himselfe But this secret canker the libeller concealeth his name hideth himselfe in a corner priuily stingeth him in fame reputation credit who then neither knoweth from whom or vpon what cause he receiueth his blows nor yet hath means therin to defend himselfe And whether this libelling Co. li. 5.125 secret slandering or defaming The enormities of priuie defaming and libelling be against a publike magistrat or a priuat person yet it may tend to the breach of the peace to the raising of quarels effusion of blood so may be a speciall impedimēt of that peace which all good policie endeuoreth to maintaine For if it be against a publike magistrat it is a great scandall offence to the king his chief magistrats the whole gouernment of the realm to assigne such an officer to rule and gouerne others who himselfe is void of gouernmēt and shall deserue to be impeached with such crimes as he shal be taxed with or shal be imputed vnto him by such an infamous libell And if it be but against a priuat person yet seeing that a libel or other note of infamie is inuented to defame him to tread his honor estimation in the dust to extirpate and root out his reputation credit from the face of the earth to make him a scorne to his enemies to be derided despised by his neighbors it doth greatly kindle the wrath of him of such as be of his kindred alliance true friendship vrge them to reuenge whereupon do ofttimes ensue grudges quarels fraies combats manslaughters Sometimes the malicious defamor powreth out his venim in writing by a scandalous booke ballad epigram or rime either in mitre or prose some other times by sons scofs iests or taunts diuers times by hanging of pictures of reproach signs of shame or tokens of disgrace néer the place where the party therby traduced doth most conuerse as the picture of the gallowes pillorie cucking stoole hornes or other such like In which cases the law hath prouided that the partie delinquent when he is found out discouered shal be sharply punished for he may either be indicted for the same offence by the ordinarie course of the common Law Or else a Bill may be exhibited against him in the Starre chamber The punishment of a secret Defamor where he shal be punished according to the qualitie of his demerits by fine imprisonment and if it be an exorbitant offence then by Pillorie losse of his eares whipping or c. or the party gréeued may haue an Action vpon the case against the offendor recouer his damages Lib. Intr. fol. 13. And in this case it is not material whether the Libel be true or false or the party scandalized thereby be lyuing or dead or be of good name or euill for though the libell be true the party defamed be euill yet our good Lawes be deuised to punish him such like euill men by a due course of justice after his offence is presented inquired of tried proued to his face before lawfull magistrates thereunto assigned and he is not to be carped at accused condemned in a corner behind his backe by
a Lords freeholder to plead That those tenants of the plaintifes which departed from their tenancies were the fréeholders and the fréehold tenants of the plaintifes and not his tenants at will For if it be so the plaintife shall recouer nothing against the defendant because hee hath other sufficient remedie to recouer the seruices of his fréeholders or the land in stead of thē And so it is to plead that the tenants which departed 21. H. 6. 31. were tenants for terme of yeares 6 In the cases aforesaid he that is wronged in his owne person his seruants or tenants by the menace of another whereby hée sustaineth losse shall haue his action of Trespasse against the offendor for the said menace and the hurt which he receiueth thereby and the king also shall haue a fine of the offendor for that the menace was of life and member and suggested to bee done vi armis and so tended to the breach of the peace But if it bée such a menace as doth not tend to the breach of the peace Menace which is iustifyable then the law is otherwise for then the partie menaced shall neither haue an action of Trespasse or other remedie against the menacer neither shall the king haue a fine of him As if a man dye seised of certaine lands and a stranger will abate 22. H. 6. 48 21. H. 6. 26. 9. H. 7. 7. and then the heire of him who dyed seised will enter vpon the stranger and menace and threaten him That if he will not depart from the possession of the same land that then hée shall repent it as the law will allow this is menace iustifiable for that he hath said no more than the law will allow him to performe And in like sort if A. be disseised of his fréehold eiected out of his terme of yeares Li. Intr. 555 dispossessed of his goods beaten assaulted or euill intreated by B. if in this case A. will say vnto B. That he will not endure those wrongs nor put them vp at his hands but will prosecute suit according to the law of the Realme in the sharpest maner that he can for the redresse of those iniuries and for the due punishment of B. this is menace iustifiable and nothing tending to the breach of the peace for A. hath said nothing but that the law will permit him to doe And in these cases the menacer doth yeeld to make the law iudge of his wrongs and that also in peaceable manner but in the former cases the menacer doth threaten to be the reuenger of his owne iniuries and so to be his owne iudge and that also in a forcible and vnlawfull sort And so it is if one man owe money to another and at the time assigned doth not pay if the creditor do say to the debtor that he will sue him according to the course of law 16. E. 4. 7. and imprison him for his debt this is menace iustifiable for the law doth allow him to doe it 7 As menace in words is accounted in many cases to be a meane of the breach of the peace and so punishable by the lawes of the realme so menace by deeds by behauiour gesture wearing of armour or vnusuall and extraordinarie number of seruants or attendants is accounted to be in affraie and feare of the people a meane of the breach of the peace and so punishable for the law doth intend that he which in a peaceable time doth ride or goe armed without sufficient warrant or authoritie so to doe doth meane to breake the peace and to doe some outrage seeing she is able and wil be alwaies ready to defend euery member of the common weale from taking or receiuing of force or violence from others if himselfe doe not giue cause to the contrarie Whereupon by a Statute made at Northhampton St. 2. E. 3. 3. anno 2. Ed. 3. it was enacted That no man great nor smal of what condition soeuer he be except the kings seruants in his presence his ministers in executing of the kings precepts or of their office and such as be in their companie assisting them and also vpon a Crie made for armes to keepe the peace and the same in such places where such acts happen be so hardie to come before the kings Iustices or other the kings ministers in doing their offices with force and armes nor bring no force in affraie of the peace nor to goe nor ride armed by day nor by night in faires markets Menace by going or riding armed nor in the presence of the Iustices or other ministers nor in no part elsewhere vpon paine to forfeit their armour to the king their bodies to prison at the kings pleasure And that the kings Iustices in their presence Sherifes and other ministers in their bailiwicks Lords of franchises their bailifs in the same mayors bailifs of cities boroughs within the same cities boroughs borough-holders wardens of the peace within their wards shal haue power to execute this act And that the Iust assigned at their cōming down into the coūtrey shall haue power to inquire how such officers Lords haue executed their offices in this case to punish them whom they find haue not done that which pertained to their office St. 7. R. 2. 13 20. R. 2. 1. And after by a statute made anno 7. R. 2. it was ordained That no Lord Knight nor other little or great shall go nor ride by night or by day armed nor beare sallet or skull of yron nor other armour vpon the paine of forfeiture thereof to the king except the kings officers and ministers in doing their offices And by the same statute it was also assented that none should ride or goe with Launcegaies Launcegaies beeing an armour defensiue then vsed in affraie of the people but that the same Launcegaies should be for euer put out 8 And shortly after the same Statute of 2. Ed. 3. was put in execution Wearing of a priuie coate for a knight was attached and arraigned in the kings Bench for that hee did weare armor vnder his vpper garment in the kings palace 24. E. 3. 33. and in Westminster hall who pleaded that there was debate betwéen him and another knight who did that weeke strike him and yet did menace him and that for feare of further perill and to saue his life hee did weare the same armour But this was adiudged no plea for the court did award that hee should forfeit his armour and be committed to the marshalsey And though he desired to be let to mainprise he was not admitted thereunto vntill the kings pleasure was knowne And the other knight his aduersarie was sent for into the kings Bench and there commanded vpon paine of all that he could forfeit that hee should not meddle nor doe any thing but that which was good to his said aduersarie Labourers shall weare no weapons
9 And because seruants in husbandrie labourers artificers and other persons of meane degrée should take no incouragement nor occasion to breake the peace nor weare any weapons therewith to menace threaten or terrifie others Therefore by a Statute made anno 12. R. 2. it was ordained St. 12. R. 2. 12. That no seruant in husbandrie or labourer nor seruant of artificer or victualler shall beare any Buckler Dagger or Sword vpon paine of forfeiting of the same except it be for the defence of the realme in the time of warre and then by the suruey of Arraiers for the time beeing or in trauelling with their masters or on their masters businesse And Sherifes Mayors Baylifes and Constables shall haue power to arrest all offendors against this Statute and seize the said Bucklers Swords and Daggers and kéepe them vntill the Sessions of the Iustices of peace and the same shall present before the same Iustices in their Sessions together with the names of them that did beare the same But this shall not be preiudiciall to the franchises of Lords touching forfeitures due to them By the foresaid two Statutes of 2. Ed. 3. and 12. R. 2. it doth appeare that the meaning of the makers of those lawes was not onely to preserue peace to eschew quarrels but also to take away the instruments of fighting and batterie and to cut off all meanes that may tend in affraie or feare of the people Assurances made by menace 10 As menace of life and member giueth cause of an action of trespasse to him that receiueth losse or hurt thereby intituleth the king to a fine 20. Ass p. 14 28. H. 6. 8. in like sort an obligation a release or déed of annuitie made and granted by menace are voidable by the law so that the same menace be of life member or libertie viz. of some hurt to be done to his body by death maiheming or imprisonment and not to his lands or goods for if A. will menace B. that if he will not make him an obligation of xx l that then he wil disseise him of such land 7. Ed. 4. 21. 4. H. 4. 2. 39. H. 6. 51. or dispossesse or take from him such goods in this case if B. doe make and deliuer the said obligation of xx l to A. in an action of debt brought by A. against B vpon the said obligation B. shall not auoyd this obligation in respect of this menace because this menace did not tend to the hurt of the person of B. but to preiudice him in his lands or goods for the redresse and recouerie whereof the law would haue giuen B. a sufficient remedie if A. should haue done him the wrong which he menaced And he that will take an aduantage to auoid his déed by menace must in this plea expresse Fitz. Dures 13. how and in what sort the other partie did menace him viz. that he drewe his sword against him and threatened to kill him if he would not seale and deliuer such an obligation release annuitie c. If A. doe menace B. in one countie that he will kill or maihem him 33. H. 6. 24. 2. H. 5. 10. if hee doe not seale him an obligation of xx l or stand to the arbitrement of C. in a cause depending in question betweene them And after B. beeing at libertie in another countie doth seale the same obligation or doth stand to the arbitrement of C. this obligation or arbitrement is void for it shall be intended to bee done by force of the first menace And if A. doe menace B. that he wil kil him imprison maihem or beate him if he doe not make an obligation of xx l to C. 39. H. 6. 36. Co. li. 2. 9. if in this case B. do become bound by obligation to pay vnto C.xx l. in an action of debt brought vpon this obligation by C. against B. the same B. may auoid this Obligation which he made by this menace of A. though the menace was made by one man the Obligation was made to an other for that the menace was the cause of the making of this Obligation which the law doth respect and punish and not only the partie to whom the Obligation was made 11 Assault batterie be for the most part an accomplishment of that which menace did threaten a performance by déedes of that What is assault and batterie which the other forewarned by words that is to say a violent forcible abusing or attempting to abuse by blowes and stripes the person of an other contrary to the peace of the Realme and the law of the same which hath ordeined that no person shall be Iudge or reuenger of his own wrong but leaue that to the censure of the law that is alwaies readie to heare redresse euery mans iust complaints for he that doth attempt to assault or beat an other to satisfie his own turbulent spirit or to reuenge his owne priuat iniurie doth as much as in him lieth to wrest the sword of gouernmēt out of the K. hands to take from the law her equal censure in justice to make himself both Iudge executioner in his own cause because this disordered person contemning the justice of the Law hath assaulted or beaten an other without warrant of law broken thereby the peace of the realm the law hath deuised a quiet peaceable course to reduce him again to order in punishing him by an action of Trespas of assault batterie wherin being conuicted he shal satisfie the party grieued his damages pay to the K. a fine his body shal be committed to prison vntill he hath satisfied it Though the party menaced shall not haue his remedy by action of Trespas vnlesse the same menace was of life member and also that the party menaced receiued some losse or preiudice therby in his liuelyhood or estate for that the menace the hurt which the party doth receiue thereby being ioyned together do make the trespas giue cause of the action of Trespas Yet in an action of Trespas of Assault battery where it is proued found that the offendor did make an assault only as one did strike at an other with a hatchet but did make no batterie or hurt the person of any other it is otherwise for séeing assaulting doth tend to the breach of the peace 22. Ass p. 60 42. Ed. 3. 7. 40. Ed. 3. 40. 6. H. 7. 1. he that maketh an assault doth his indeuor to hurt the law doth giue to him that is assaulted an action of Trespas to recouer his damages to the K. a fine for by the assault the party assaulted is put in feare euill handled hindred of his busines And if he be diuers times assaulted 45. E. 3. 24. he may haue one action of Trespas for all those assaults shall recouer damages according to the number and grieuousnes of them And
himselfe he may commaund them vpon paine of imprisonment to surcease 5. H. 7. 6. or else he may with his weapon part kéepe them asunder and call and procure others likewise so to doe And then he may carrie them before a Iustice of peace to find suertie of the peace which if they refuse to doe he may commit them to prison 3. H. 4. 9. or els the Constable may take suerties of them by Obligation to kéepe the peace And if any of the offendors doe flée into a house 13. Ed. 4. 9. the said officer may breake open the dores and arrest him and so he may doe if the offendor doe flée into another Countie for that the arrest is for the benefite of the commonweale And likewise if any of the said officers shall learne that certaine persons be fighting or quarreling in a house in such sort that they are like to breake the peace or that a man and a woman be in a house together committing addultery or fornication 7. E. 3. 10. 1. H. 7. 6. he may breake open the dores and arrest them to come before a Iustice of peace to find suertie of the peace or otherwise if he will he may commit any of the said offendors to prison And if any of the parties to an affcay haue receiued any daungerous wound then the officer must arrest the offendor and carrie him to a Iustice of peace 22. Ass p. 56 who is eyther to commit him to prison or to let him to mainprise vntill the next Gaole deliuery that it be knowen whethir the partie wounded will liue or die thereof or els the officer himselfe may commit him to prison vntill the same be knowen 38. Ed. 3. 6. for if the partie wounded doe die the offence wil be felony If the common voice and fame of the County be that C.D. hath committed a felony any of those officers that doe suspect him thereof may arrest him for it And so he may search within the limits of his authority for any persōs suspected of felony for it is a chiefe parte of the Constables dutie to preserue the peace and represse felons And if any of the officers before mentioned do arrest an offendor or any person suspected for any of the causes aforesaid who ought to be carried to the Gaole or before a Iustice of peace the same officer néede not carrie him presently to the Gaole 22. Ed. 4. 35. or before the Iustice but he may put him in the stocks or some other safe custody for a time vntill he can prouide sufficient company to assist him to conduct the same offendor to the Gaole or to the Iustice 2. Ed. 4. 9. Or if the partie arrested be so sicke diseased or wounded that he cannot be presently carried without daunger of death the officer may stay him vntill he be recouered 85 But the peace of the Realme hath béen so precious to all ages Euery able person is a Conseruator of the peace and Treasons Felonies assaults batteries and other forcible violences and offences so odious that the Lawes and Statutes of the Realme and the wisedome of our forefathers haue made and appointed besides the Magistrates and officers before mencioned all sortes of able persons in some sort and to some purposes preseruers of the peace intending that as all the members of the common weale doe taste swéet comfort and pleasant repose by the benefit of peace so they should be all partakers when néede requireth of the paines to maintaine and continue the same peace and to punish the transgressors thereof Sta. 3. E. 1. 9. And therefore by the Statute of Westm̄ 1. it is ordained That all men generally shall be ready at the commaundement and summons of the Shirifes and at the crie of the country to pursue and arrest felons when néede shall be aswell within fraunchises as without and they that will not and be thereof attainted shall make a grieuous fine to the King Sta. 3. Ed. 1. By the statute intituled Officium Coronatoris it is enacted That vpon all Homicides Burglaries men slaine or put in great daunger huy and crie shall be leuied and euery man shall follow the huy and crie and the offendors steppes if it may be and whosoeuer doth not and is thereupon conuicted shall be attached to appeare before the Iustices of Gaole deliuerie St. 5. E. 3. 14. By the Statute of Anno 5. Ed. 3. it is established That if any man suspect lewd persons then termed robertsmen wasters or drawlatches of any manslaughters felonies or robberies be it by day or night they shall incontinently be arrested by the Constable of the towne and if it be within franchise deliuered to the Bailifes of the franchise and if in guildable to the shirife and kept vntill the comming downe of the Iustices of Gaole deliuerie who shall procéede to the deliueraunce of them St. 17. R. 2. 8. By the Statute of 17. R. 2. it is defended to all the Kings people aswell Lords as others that none shall make assemblies Riots or Rumors against the peace And if any such assemblie be begun as soone as the Shirife and other Ministers may haue knowledge thereof they with the strength of the country shal disturbe such offendors and put them in prison vntill the law be executed vpon them And all Lords and other liege people of the Realme shall be attending with all their strength and power to the Shirifes and Ministers aforesaid St. 2. H. 5. 8. By the Statut of An̄ 2. H. 5. it is prouided That the Kings people being able to trauaile in the Countie where Riots assemblies or routs against the law be shal be assistant to the Iustices Commissioners Shirife or vndershirif of the same Countie when they shall be reasonably warned to ride with the said Iustices Shirife c. in aide to resist such Riots Routs and Assemblies vpon paine of imprisonment and to make fine and ransom to the King St. 15. R. 2. 2 By the Statute of 15. R. 2. it is ordeined That if the Shirife or any other of the Countie doe not attend vpon a Iust of peace to arrest such offendors as doe make forcible entries into lands or tenements he or they so offending shall be imprisoned and pay a fine to the King Sta. 1. M. 12. By the Statute of An̄ 1. M. it is established That if any person being aboue the age of xviij yeares and vnder the age of lx being able to serue and not sick lame or impotent shall be required by any Iustice of peace or any Shirife of any County where any vnlawfull assembly of xij persons or aboue shall be to do any vnlawfull act prohibited by that statute or by any Maior Bailife or other head Officer of any Citie Borough or towne corporat or by any other by the commaundement of any such Iustice Shirife Maior c. to go with him or them to suppresse the
assemble for any of the sportes before mentioned but when the taking of parte with those that did quarrell beganne And therefore they onely who made themselues parties to that quarrell shall be punished as Riotors and none other And so it is if a Iurie be charged to trie an Issue if some of them fall out and fight this is no Riot in the residue assembling to a lawfull end 22. H. 6. 37 3. H. 7. 1. 10. St. 17. R. 2. 8. St. 1. M. 12. 8 St. 3. H. 4. 17 Sta. 8. H. 6. 9. St. 3. Ed. 1. 9. And it is lawfull for the Sheriffe Vndersheriffe or Bayliffe to take the power of the Countie what number they shall thinke good to execute the Kings processe And so may any Iustice or Iustices of Peace and the Sheriffe and the Vndersheriffe take any power of the Countie to represse Riots Routes vnlawfull or Rebellious Assemblies Or to remooue such persons as by Inquisition are found to haue made forcible Entries into other mens possessions or to detaine them with force And so may a Iustice of Peace Sheriffe or Constable take of the Countie any number that they will to pursue and apprehend Traytours Murderers Robbers or other felons or such as doe breake or goe about to breake or disturbe the peace For though in the cases last specified there be three or aboue assembled together yet it is to execute the iustice of the Lawe and by that meanes to preserue peace And it is a lawfull assembly which is gathered together to runne at Tilt Iusts or Barriers by the Kings commaundement for the cause beginning and end thereof doe tend to obedience the laudable exercise of true valour and manhood and to the encouragement and enabling of the actors therein to defend the Realme and the peace thereof 7 And though by the before specified Statute of Anno 34. Edw. 3. it is ordained that Iustices of Peace shall restraine offendors Riotors and all other Barrators and pursue take chasten imprison and punish them according to their trespasses and offences to the intent that the people bee not by such Riotors troubled or indammaged nor the peace broken nor any passengers by the way disturbed or put in perill Yet by force of that Statute the Iustices of Peace could not require the helpe of the Sherife nor commaund the power of the countie to helpe to assist them St. 17. R. 2. 8. to represse the said Riotors Whereupon by the before mentioned Statute of Anno 17. R. 2. it is defended That none shall make assemblies riot or rout against the peace in any wise And if any such assembly be begun as soone as the Sherifes Disturbing of riotors and other the Kings ministers may haue knowledge thereof they with the power of the countie where such case shall happen shall disturbe such malice with all their power and shall apprehend all such offendors and put them in prison vntill due execution of the law be made of them and all Lords and other liege people of the Realme shall attend with their whole strength and power the Sherifes and ministers aforesaid 8 But because the said Statute of 17. R. 2. or any other Statute or Law before that time made doth not enable the Iustices of Peace and Sherife to record that which they shall find done in their presence against the law nor to make enquirie thereof nor to heare and determine the same nor to make certificat thereof to the King and his counsell if the truth cannot be found Nor doth assigne what Proces shall bee awarded against the offendors nor doth inflict any penaltie vpon the Iustices which shall not execute the law Therefore by the before rehearsed Statute made Anno 13. St. 13. H. 4. 7 H. 4. it was established that if any riot assemblie or rout of people against the law be made in any part of the Realme the Iustices of peace three The Iustices and sherifs shall arrest Riotors or two of them at the least and the Sherife or Vndersherife of the shire where such riot assembly or rout shall be made shall come with the power of the countie if néed bée to arrest them And the Iustices Sherife or Vndersherife shall haue power to record that which they shall find done in their presence against the law And the same trespassors and offendors shall bee conuict by the Record of the same Iustices Sherife or Vndersherife in manner and forme as is contained in the Statute of forcible entries The forme of Recording of which riot is this Buck. Recording of a riot viz. Memorandum quod primo die Martij anno regni regis Domini nostri Iacobi dei gratur c. tertio Nos Franciscus Goodwin miles Alexander Hamden miles Iusticiarij domini Regis nunc ad pacem in comitatu praedicto conseruandam necnon c. assignati Richardus Ingolsby miles adtunc vicecomes eiusdem comitatus ad querimoniam A. B. de Wadsdon in comÌ„ praedicto yeoman in proprijs personis nostris accessimus ad domum mansionalem ipsius A.B. apud Wadsdon praedictur ibidem inuenimus quosdam C. D. E.F.G. alios malefactores pacis dicti domini Regis perturbatores ignotos ad numerum octo personarum modo guerrino arraiatos viz. cum gladijs baculis arcubus sagittis riotosè illegitimè aggregatos eandem domum sic custodientur in magnam perturbationem pacis dicti domini Regis populi sui terrorem contra formam statuti in Parliamento domini Henrici nuper Regis Angliae quarti Anno Regni sui decimo tertio tento editi Et ideo nos praefati F. G. A.H. corpora pÌ„dictoruÌ„ C.D.E.F.G. ad tunc arrestauimus ac proxime Gaole dicti domini Regis in Com' pÌ„dicto duci fecimus ê‘ recordum nostrum de transgressione praedicta conuictos in praesentia nostra ibidem moraturos quousque finem dicto domino Regi ê“ transgressione sua praedicta fecerunt In cuius rei testimonium huic recordo nostro sigilla nostra apposuimus Datur apud Wadsdon praedict ' die Anno praedictis 9 By the same Statute of 13. H. 4. it is further ordained St. 13. H. 4. 7 That if it happen such Trespassors and offendors be departed before the comming of such Iustices Inquirie of a Riot by the Iustices c. and Shirife or vndershirife the same Iustices thrée or two of them shall diligently inquire within a moneth after such Riot assembly or Rout of people so made and the same shall heare and determine according to the lawes of this Realme And because the said Iustices of peace Shirife c. are by this braunch of the Statute to make inquiry of the Riot which must be done by a Iury returned by the Shirife the forme of the said Iustices precept to the Shirife to returne the said Iury is this Buck. viz. Henricus Longuile miles Willihelmus Anderous miles Iusticiarij Domini
or defeated of his land lease annuitie debt accompt action suit or demaund is no lesse perillous and preiudiciall to the party thereby wronged if it be not discouered preuented or auoided then the wresting and euicting from him of the same land lease annuitie debt or demaund And the offendors therein do as iniuriously and with as small colour of iustice wrest from the party grieued his said land lease annuitie debt c. as the robber doth take a purse from the traueller by the way or the burglarer his intended prey from the houskéeper in the night And if those reall dueties or things in action were conuerted into things personall the vndue conueying of them in this vnlawfull manner would deserue to be accounted and punished amongst other felonies as in some sort it is ordained so to be by the statute of anno 5. Eliz. St. 5. El. 14. And because diuers persons did forge false déeds and miniments and did cause them to bée openly pronounced published and read to trouble change or vndoe the lands of other persons and to vndoe and troble the possessions and titles of the kings peope therefore by a statute made anno 1. H. 5. it was ordained St. 1. H. 5. 3. that the partie grieued thereby shall haue his suit in that case and recouer his dammages and the partie conuict shall make fine and ransome at the kings pleasure But forasmuch as the wicked and daungerous practise of making forging and publishing of false and vntrue déeds and writings was much more practised and put in vre in all the parts of this Realme than in times past it had béene to the disherison of diuers persons and the great subuersion of iustice which hath growne chiefely by that the paines and punishments limited for such great offences by the lawes and statutes of this Realme before time were so small and easie that such euill people were not afraid to enterprise the practising and doing of such offences The repeale of former statutes of Forgerie Therefore by a statute made anno 5. St. 5. El. 14. El. it was enacted That all other statutes before that time made and prouided for forger of false déeds charters miniments or writings and all and euerie penaltie appointed for the same should from the first day of Iune then next following be void Forging of a déed whereby anothers fréehold shal be troubled 3 To the intent that condigne or some sharper punishment might bée ordained for such as should bée offenders in that crime of forgerie than in time past had béene by the sayd statute of anno 5. Elizab. it was established St. 5. El. 14 That if any person or persons after the first day of Iune then next following vpon his or their owne head and imagination or by false conspiracie and fraud with others shall wittingly subtilly and falsly forge or make or subtilly cause or wittingly assent to bée forged or made any false déed charter or writing sealed court roll or the will of any person or persons in writing to the intent that the estate of Fréehold or inheritance of any person or persons of in or to any lands tenements or hereditaments fréehold or copihold or the the right title or interest of any person or persons of in or to the same or any of them shall or may bée molested troubled defeated recouered or charged Or shall pronounce Publishing of a forged déed publish or shew forth in euidence any such false and forged déed charter writing court roll or will as true knowing the same to bée false and forged as is aforesaid to the intent aboue remembred and shall bée thereof conuicted either vpon any action or actions of Forger of false deeds to bee founded vpon this statute at the suit of the partie grieued or otherwise according to the order and course of the lawes of this Raalme or vpon Bill or Information to be exhibited into the Court of Starre chamber according to the order and vse of the Court he shall pay vnto the partie grieued his double costs and dammages to bée found or assessed in the Court where such conuiction shall bée and also shall be set vpon the Pillorie in some open market towne or other open place and there to haue both his eares cut off and also his nostrels to be flit and cut and seared so as they may remaine for a perpetuall note or marke of his falshood and shall forfeit to the Queene her heires and successors the whole issues and profits of his lands and tenements during his life and shall suffer and haue perpetuall imprisonment during his life The same dammages and costs to bée recouered at the suit of the partie grieued as is aforesaid to be first paid and bee leuied of the goods and cattels of the offendors and of the issues and profits of the said landes tenements and hereditaments of such partie conuicted or of one or both of them the sayd title of the Queene her heires and successors to the same notwithstanding Stat. 5. El. 14 4 If any person or persons after the said first day of Iune next Forging a déed whereby a lease or annuitie may bée claimed vpon his or their owne imagination or by false conspiracie or fraud had with any other shall wittingly subtilly and falsly forge or make or wittingly subtilly or falsly cause or assent to bee made and forged any false Charter Deed or Writing to the intent that any person or persons shall or may haue or clayme any estate or interest for terme of yeares of in or to any Mannours Lands Tenements or Hereditaments not beeing Copihold or any Annuitie in Fee simple Fee tayle for terme of life liues or yeares Or shall as is aforesayd forge make or cause or assent to bee made or forged any Obligation or Bill obligatorie or any Acquitance Release or other discharge of any Debt Account Action Suit Demaund or other thing personall Or shall pronounce publish or giue in euidence such false or forged Charter-Déed Writing Obligation or Bill obligatorie or any Acquitance Release or discharge as true knowing the same to bee false and forged and shall bee thereof conuict by any of the wayes or meanes aforesayde Then hee shall pay to the partie grieued his double costs and dammages to bee found and assessed in such Court where the sayde conuiction shall bée had and also shall bee set vpon the Pillorie in some open Market Towne or other open place and there haue one of his eares cut off and also shall suffer imprisonment by the space of one whole yere without baile or mainprise Stat. 5. El. 14 5 The partie and parties grieued by reason of any the offences aforesaid Seuerall remedies for the partie grieued shall and may at his and their pleasure haue and sue his action of forger of false déedes vpon this Statute against any of the offendors in the same by originall writ out of the Chauncerie and
The penaltie for committing of wilfull periurie vnlawfull procurement sinister perswasion or meanes of any others or by their owne Act Consent or Agreement shall wilfully and corruptly commit any manner of wilfull periurie by his or their deposition in any of the Courts before mentioned or béeing examined ad perpetuam rei memoriam Then euerie person or persons offending shall for his or their said offence loose and forfeit twentie pounds to the King and the partie grieued hindered or molested by reason of any of the offences before mentioned that will sue for the same by A. B. P. or I. in any of the Kings courts of Record wherein no W. E. P. or I. shall be allowed and shall haue sixe months imprisonment without Baile or Maineprise And the oath of such person or persons so offending from thenceforth shall not bee receiued in any court of Record within England or Wales or the Marches of the same vntill such time as the iudgement giuen against the said person or persons shall be reuersed by Attaint or otherwise And vpon euery such reuersall the parties grieued to recouer his or their dammages against such person and persons as did procure the said iudgement so reuersed to be giuen against thē by action to be sued vpon his case And if the said offendor haue not any goods or cattels to the value of xx l. then he shall be set on the Pillorie in some market place within the shire citie or borough where the said offence shall be committed by the Sherife or his ministers if it be without any citie or towne corporat and if it be within any citie or towne corporat then by the head officer or officers of the same citie or c. or by his or their ministers there shall haue both his eares nailed and from thenceforth be discredited disabled for euer to be sworne in any of the courts of Record aforesaid vntill the iudgement shall be reuersed and thereupon shall recouer his dammages in manner and forme before mentioned In what courts Periurie shall be punished 23 As well the Iudge and Iudges of euery such of the said courts where any such suit is or shall be Sta. 5. El. 9. and whereupon any such periurie is or shal happen to be committed as also the Iustices of Assise and gaole deliuery in their seuerall circuits and the Iustices of the peace in euery countie within this realm or in Wales at their Quarter Sessions both within liberties and without shall haue authoritie by vertue hereof to enquire of all and euery the defaults and offences committed contrarie to this act by inquisition presentment bill or information before them exhibited or otherwise lawfully to heare and determine the same and thereupon to giue iudgement award processe and execution of the same according to the course of the lawes of this Realme Proclamatiō of this Statute 24 The Iustices of Assise of euery circuit within this Realme shal in euery countie within their circuits two times in the yeare St. 5. El. 9. viz. in the time of their sittings make open Proclamation of this Statute or of the effect thereof to the intent that no person shal be ignorant of the penalties herein contained Periurie punished in the spirituall court 25 Prouided that this Act or any thing therein contained St. 5. El. 9. shall not extend to any spirituall or Ecclesiasticall court within this Realme of England or Wales or the Marches of the same but all and euery such offendor and offendors as shall offend in forme aforesaid shall and may be punished by such vsuall and ordinarie lawes as heretofore hath bin and yet be vsed in the said Ecclesiasticall court any thing in this Act c. notwithstanding Periury punishable in the Starchāber 26 Prouided that this Act shall not extend to restraine the power or authoritie giuen by Act of Parliament made An̄ 11. H. 7. Sta. 5. El. 9. St. 11. H. 7. 25. to the Lord Chauncelor and others of the Kings Councel to examine and punish riots routs hainous Periuries and other offences which haue vsed to heare and determine such matters in the Starre-chamber at Westminster nor to restraine the power of the Lord President and Councell in the Marches of Wales or in the North nor of any other Iudge hauing absolute authoritie to punish Periurie before the making of this Statute But But they and euery of them shall procéede in the punishment of all offences heretofore punishable in such wise as they might haue done and vsed to do before the making of this Act to all purposes so that they set not vpon the offendors lesse punishment then is contained in this Act. 27 Because by the said statute of 5. Eliz. 9. there is no Ordinance made for the punishment of those Bankrupts who being sworne and examined vpon Interrogatories by Commissioners thereunto authorized shall commit Periurie Nor for the punishment of those witnesses who either by the procurement of others or by their owne consent shall commit Periurie being examined by the said Commissioners touching Bankrupts goods or debts Therefore by a statute made Anno 1. St. 1. Iac. 15. Iac. it was ordained That it shall be lawfull for the Commissioners authorized vnder the great Seale of England or the greatest part of them to take order with Bankrupts bodies lands tenemēts and hereditaments money goods cattels wares and debts to examine the said offendor or offendors vpon such interrogatories touching the lands tenements goods cattels and debts bils bonds bookes of accompt and such other things as may tend to disclose his her or their estate or the secret graunts cōueyances and eloigning of his her or their landes tenements goods money and debts as they shall thinke méet And if therein the offendor or offendors shall refuse to be examined or to answer fully to euery interrogatorie to him to be ministred by the said Commissioners or the greater part of them it shall be lawfull for the said Commissioners or the greater part of them to commit the said offendor or offendors to some strait or close imprisonment there to remaine vntill he she or they shall better conforme him or her selfe And if vpon his her or their examination it shal appeare that he she or they haue committed any wilfull or corrupt Periurie tending to the hurt or dammage of the creditors of the said Bankrupt Periury punished in Bankrupts to the value of tenne pounds of lawfull money of England or aboue the party so offending shall or may thereof be indited in any of the Kings Courts of Record and being lawfully conuicted therof shall stand vpon the Pillory in some publike place by the space of ij houres and haue one of his eares nailed to the Pillory and cut off And by the same statute of Anno 1. Iac. it is further established That if any person or persons other then the Bankrupt either by subornation vnlawfull procuremēt sinister persuasion
of their office or occupation Nor to any Liueries or Badges giuen in the defence of the King and his Realme Nor to the Constable or Marshal for giuing any Badge Liuerie or token for any feats of armes to bee done within this Realme Nor of any Wardens of the Marches toward Scotland for any Badge Liuerie or token by thē giuen frō Trent Northward at such time onely as shall be necessarie to leuie people for the defence of the Marches St. 7. H. 4. 14 And by the stat of anno 7. H. 4. it was ordained That no congregation or companie shall make any Liuerie of cloth or of hats at their owne costs vpon paine that euerie of the same congregation or companie shall forfeit fortie shillings except Guilds and Fraternities and also people of Artes and Sciences within Cities and Boroughes which be ordained to a good intent 13 As the wisedome of the Realme hath established from one age to another the foresaid lawes and statutes Publishing inquiring of and punishing of maintenāce for the repressing or snibbing of Champertie Embracerie buying of titles and all other sorts of Maintenance so hath she prouided trumpets to sound out and publish those laws into the ears and sinke them into the hearts of all people and secondly shee hath assigned watchmen and sentinels to sée who infringed those lawes and lastly she hath ordained Censors and Iudges to punish the offendors therein as it appeareth by the before specified statute of anno 32. St. 32 H. 8. 9 H. 8. wherby it is enacted That the Iustices of Assise shall in euerie Countie within their circuits two times in the yeare viz. in the time of their sittings for taking of Assises or deliuerie of the Gaoles cause open proclamation to be made as well of the said statute and euerie thing therin contained as also of all other statutes heretofore made against vnlawfull maintenance champertie embracerie or vnlawfull retayners to the intent that no person hearing the same should be ignorant or misconisant of the dammages and penalties therein contained And by the former rehearsed statute of anno 8. St. 8. Ed. 4. 2 E. 4. it is ordained That euerie person which will sue against any other for any offence committed contrarie to that statute or any other of the premisses viz. any other ordinance or statute before that time made against any persons for giuing or receiuing of Liueries or Badges before the Kings Iustices in his Bench before the Iustices of the Common Pleas Iustices of peace in their Sessions Iustices of Oier and Terminer and Gaole deliuerie Iustices of the countie Palantine of Lancaster and Chester and in the Court of Hexamshire and in the Court of the Bishop of Durham in the Countie Palatine of Durham shall be admitted thereunto by the discretion of the said Iudges to giue information for the king of any of the premisses committed within the iurisdiction of the same Courts And euerie Informer shall be admitted to sue for the King and himselfe action or actions vpon the same by information in any of the said Courts against as many such offendors in one Bill of Information as liketh him which Information shall be in stead of a Bill or originall writ wherein such Proces shall bee awarded as in an originall writ of Trespasse but that in the Counties Palantine of Lancaster and Chester nor in Duresme no Exigent shall be awarded vpon any information suit or proces to be made by force of this ordinance And if any be or any Outlawrie thereupon pronounced the same shal be void without any writ of Error And if any of the offendors be present in any of the said courts any of the Iustices may cōmaund him to be brought to answer to such bill vpon such information by an othe first to be taken vpon a booke by such informer before some one of the Iudges that his complaint is true without any other or further proces therein And euerie of the same Iudges within his iurisdiction may by his discretion examine euerie of the defendants vpon such information and iudge him conuict as well by examination as by triall and the King shal haue the one halfe of the forfeiture if it be not in a citie or towne corporat that hath the same by the grant of the king or c. and the informer the other halfe which also shall recouer his costs by the Iudges discretion and execution thereof as in recoueries vpon debt or trespas wherin no Essoine or Protection shall lye And the Maior Sherife Bailife or other chiefe officer of euerie citie borough towne or port within this realm hauing power to heare and determine personall pleas in the court holden before them or any of them within any such towne haue authoritie to receiue information of any person which offends in the premisses and to heare determine as wel by examination as by triall all things done concerning the same by or to the inhabitants within the iurisdictiō of the same court to put this stat for those offences prouided in execution And the King shal haue the one moitie of all penalties forfeited by the said stat and the Informer chiefe officers of such citie borough c. shall haue the other moitie equally to be diuided betwixt them And the said chiefe officers part shal be imployed to the vse the said citie borough towne or port c. And sithence the foresaid lawes statutes by one other stat ordayned an 33. Iust of peace may inquire of and punish maintenance H. 8. and confirmed an 37. H. 8. it was enacted St. 33. H. 8. 10. 37. H. 8. 7. That Iust of peace at their Quarter Sessions shal haue authoritie to inquire as wel by the othes of xij men as by information giuen to them by any person or persons of defaults contempts offences cōmitted against the lawes statutes made and prouided concerning or in any wise touching retainers giuing of liueries signs tokens or badges maintenance embracerie c. and euery of them to heare determine the said defaults offences c. And vpon any information touching the penalties or any of them to make proces by Venire fac ' one Capias an Exigēt vnder their seals against euery such person persons against whom such information or presentment shal be had for their apparance before them in their Sessions to answer to such information or presentment as shall be there made And if the person or persons so accused by information or presentment shal be conuicted vpon such information or c. by confession or verdit of xx men then the said Iust haue power to giue iudgemēt against euery such offendor so conuicted of imprisonment forfeiture of money or both of them as are limited by the said seuerall statutes for such offences whereof they are conuict and to cause execution therof to be made accordingly Why the pursuing of maintenance is left out
lesse without award of the Kings Court he shall make fine according to the quantitie of the trespas and neuerthelesse sufficient amends shal be to them which haue receiued losse by such distresse Distraining out of his fee. Or if one do distrain another to come to his Court which is not of his fée or vpon whom hee hath no iurisdiction by reason of his Hundred or Bailiwike or doe take a distresse without his fée or the place where he hath iurisdiction or bailiwike hee shall make fine according to the quantitie of his offence Excessiue distresse Or if one do take any vnreasonable excessiue distresses which is grieuous and more than the quantitie of the debt or damages this is an oppression an he shall be amerced 41. Ed. 3. 26 29. Ed. 3. 23. As a man auowed the distraining of 200. shéepe and 16. beasts for ij pence rent and he was amerced therefore for all that he tooke aboue vj. shéepe were adiudged an oppression and so vnlawful But if a man distraine for homage 28. Ass p. 50 42. Ed. 3. 26. Co. li. 4. 8. Fitz. Na. Br. 178. 27. Ass p. 51 28. Ass p. 50 the distresse cannot be too excessiue how many beasts soeuer he doth take for that homage is not valuable though for rent fealtie and other seruices it may be excessiue And in like sort Oppression by often distresse if the Lord of a Mannor or any other who hath rent issuing forth of certaine land do distraine the tenant of the same land diuers times for rent or seruices where none is behind vnpaid this is an oppression of the same tenant who is distrained for in this case the partie who claimeth this rent cannot distraine for rent séeing none was due to him but his distresse is onely taken to vexe the tenant of the land and so to oppresse him And therefore the sayd tenant may haue an Assise of Souent foits distresse against the same Lord and recouer dammages of him according to the losse he hath receiued by the same distresses viz. for not plowing or for not manuring his land Lib. in t 82. Co. li. 4. 8. or for taking no profit thereby But it is otherwise if the same seuerall distresses were taken for homage Seueral distresses for one thing And so it is if a man do distraine for rent or seruices or for any other thing Fit Nat. Br. 71. and depending a suit betwéene the parties for the same rent seruice or other thing he who did distrain doth distrain again for the same rent seruice or thing for the which he did distrain before the beasts or goods of him whose hée did first distraine this is an oppression of him whose goods be twice distrained For the redresse whereof hée may haue a writ of Recaption A writ of Recaption against him who so did distraine his goods twice for one cause whereby hée shall recouer dammages for his second distresse And also hée that did take the same distresse shall make fine to the King for his oppression and wrong though the first distresse were lawfully taken yea and though the rent or seruice for the which he did distraine were behind vnpayed or vndone séeing by the first distresse the cause being prooued true and lawfull hée might haue had returne of the goods or cattell which hee did distraine vntill hée had béene satisfied of the rent seruice or thing for the which hée did distraine But a man may distraine the cattell of him who bée eating of his corne or grasse Distresses for damages for t or doing any other hurt in his ground 47. Ed. 3. 7 so often as he shall find them doing hurt therein and it is no oppression or wrong so to do for he doth not distraine twice for one cause as in the former case but distraineth seuerall times for seuerall new offences 4 And euerie Trespasse which the law doth interpret to bee iniuriously committed vi armis may also fitly be termed an oppression for it is done vpon the offendors owne wrong without warrant of law St. 5. R. 2. â— As if one person doe enter vpon anothers land expell him out of the possession therof whereas his entry is not giuen by the law or doth enter with strong hand or multitude of people Fitz. Tresp 13. 45. 234 20. H. 6. 22. 9. Ed. 4. 28. 9. H. 6. 64. 21. H. 6. 5. 21. Ed. 4. 18. 9. Ed. 4. 29. 10. Ed. 4. 4. 21. Ed. 4. 4. 1. H. 7. 10. 37. H. 6. 36. 21. H. 7. 1â— 11. H. 4. 64. 20. H. 6. 14. 3. H. 6. 12. 10. H. 6. 16. 43. Ed 3. 13. 4. Ed. 3. 48 47. Ed. 3. 22 43. Ed. 3. 35 1. H. 5. 1. and not in peaceable manner this is an oppression And so it is Oppression by Trespasses if one person doe pull downe breake or impaire anothers house or any part thereof Or if one person doe fell cut downe or carrie away the Timber Trées or Wood of another Or if one person doe fell cut tread downe or carrie away the corne or grasse of another Or if one person doe with his cattell depasture feed or eat the corne grasse or hay of another Or if one person doe take and carrie away the money plate iewels houshold-stuffe cattell corne hay or any kind of goods of anothers Or if one person doe plough till eyre or digge the ground or soyle of another Or if one person doe mayme imprison wound or beat another or doth mayme wound or beat the seruant of another whereby he looseth his seruice Or if one person doe hunt chase or hawke in the frée Warren of another or doe take kill or destroy his game there Or if one person doe fish in the Pond Poole Mildam Stew or other seuerall fishing of another Or if one person doe breake the doue-house of another or destroy the flight of the doues of another Or if one person doe digge the Myne of Tinne Lead Stone Coale Grauell Sand Matle Chalke c. of another Or if one person doe pull vp take away the meerestones which by consent haue béen set betwéen his own ground and anothers In all and euerie of which cases the partie grieued may pursue an Action of Trespasse against the offendor and declare that hée committed any of the said offences vi armâ—s wherein if the defendant be attainted hée shall pay to the plaintife his dammages sustained and to the King a fine for that he hath done an oppression to one of his subiects and made an offence to the law Fit Nat. Br. 183. 4. Ass p. 3. 5 Euerie Nusance which one person doth to the land of another Oppression by Nusances wherein the owner hath an estate for the terme of life in tayle or in fée simple may also bée accounted an oppression for those Nusances be put in practise by the offendors onely will and by his owne open playne and manifest
adiudged Felonie or Trespasse according to the law of the land in auncient time vsed and according as the case doth require And if in such case or any like the Iustices haue adiudged it Treason before this time and there by the offendors lands and tenements haue come into the kings hands as forfeit the chiefe Lords of the fée shal haue their Escheats of those tenements which be holden of them whether the same tenements be in the hands of the King or of any other by gift or in other manner sauing to our Lord the King the yeare and wast and the forfeiture of the chattels which doe belong vnto him in the cases aforesaid And in such cases writs of Scire facias shal be awarded against the tenants of the land without any other originall and without allowing the kings protection in the same suit And touching those lands which be in the kings hands there shal be writs granted to the Sherifes of the Counties where the lands be to deliuer them out of the kings hands without delay 2 By which statute it doth appeare that there be two sorts of Treason by the auncient common lawes of this Realme viz. High Treason and Petit Treason High treason High Treason when any of the grieuous offences aforesaid be done or attempted to the vniuersall and generall Maiestie of gouernment that is to say to the bodie of the whole Commonwealth or to the King the head ruler and directer thereof Petit treason in his person wife issues or authoritie Petit Treason is when the bloudie and grieuous offence of wilfull murder is done and committed by an inferiour person and one in subiection to another that hath a dominion or a kind of Maiestie in gouernmēt ouer the same partie And though sithence the before mentioned Statute of 25. Ed. 3. diuers other offences haue béene made Treason by the Statutes of 21. R. 2. 3. H. 5. 4. H. 5. 8. H. 6. 14. H. 6. 20. H. 6. 4. H. 7. 22. H. 8. 26. H. 8. 27. H. 8. 28. H. 8. 31. H. 8. 32. H. 8. 33. H. 8. 35. H. 8. 1. Ed. 6. yet euerie of the succéeding ages were soone wearie of the sayd new Treasons and thought that the grieuous paines and most hainous punishments of them were too heauy and vnsupportable for the Subiects of this Realme to endure As the Lords and Commons in the Parliament holden Anno 4. St. 4. H. 4. 10 H. 4. 10. did complaine that diuers paines were ordained to be Treason by the statute of 21. R. 2. insomuch that no man did know how he ought to behaue himselfe to doe to speake or say for doubt of such paines and thereupon it was enacted That in no time to come any treason shall bée adiudged otherwise than was ordained by the Statute of 25. Ed. 3. And long time after the makers of the statute of Anno 1. Mar. considering and rehearsing that the state of euerie King Ruler and Gouernour of any Realme Dominion or Comminaltie consisteth more assured by the loue and fauour of the subiects towards their Gouernour than in the dread and feare of lawes made with rigorous paynes and extreame punishment and that lawes iustly made for the preseruation of the Commonwealth without extreame punishment or great penaltie are more often obeyed and kept than lawes and statutes made with great and extreame punishments and in speciall such lawes and statutes so made whereby not only the ignorant vnlearned and rude people but also learned and expert persons minding honestie are often trapped and snared yea many times for words only without any other fact or déed done or perpetrated and therefore to the intent that the seueritie of such like extreame dangerous and perillous laws might be abolished A repeale of former treasons and adnulled St. 1. M. by the said statute of Anno 1. M. Parl. 1. it was ordained That from thenceforth none act déed or offence being by act of Parliament or stat made Treason Petit Treason or Misprisiō of Treasō by words writing ciphering déeds or otherwise whatsoeuer shal be taken had déemed or adiudged to bee High treason Petit treason or Misprisiō of treason but only such as be declared expressed to be high Treason Petit treason or Misprision of Treason in or by the stat of 25. E. 3. concerning Treason or the declarations of Treasons and none other Nor that any paines of death penalty or forfeiture in any wise ensue or be to any offendor or offendors for the doing or committing of any Treason Petit Treason or Misprision of Treason other than such as bée in the said stat of 25. E. 3. ordained and prouided By force of which stat made Anno 1. M. the subiects of this Realme were eased and vnburdened of al acts déeds and offences made or declared to be treason by the space of two hundred and more years before Or as it may more aptly be said of all offences made Treason by any stat or act of parliament whatsoeuer But sithence the stat of repeale made Anno 1. M. there haue béen diuers other offences made or declared to be treason by the stat of An. 1. M. 6. 1. 2. P. M. 11. 5. El. 11. 18. Offences made treason by Statutes El. 1. 5. El. 1. 13. El. 2. 23. El. 1. 27. El. 2. 3. Iac. 4. whereof the first foure were but as an addition augmentation enlargement or exposition of the before specified Treasons ordained by the common law or declared by the foresaid stat of 25. E. 3. All which said last mentioned Treasons I will set downe and expresse verbatim after I haue somewhat more particularly expressed how the Sages and Iudges of this Realme haue construed and expounded seueral branches of the said statute of explanation made Anno 25. Ed. 3. 3 The foresaid statute of 25. Ed. 3. doth confirme it to be high treason for any person to compasse or imagine the death of our Soueraigne Lord the K. the Quéen c. by which words it doth approue what a great regard and reuerend respect the common law hath alwayes had to the person of the K. which it hath endeuored religiously carefully to preserue as a thing consecrated by almightie God and by him ordained to be the head health wealth of the kingdome and therefore it hath ingrafted a déepe and setled feare in the hearts of all sorts of subiects to offer violence or force vnto it vnder the paine of high treason Leges Aluredi cap. 4. Co. li. 4. 124 in somuch as if he that is non compos mentis do kil or attempt to kill the K. it shal be adiudged in him high treason though if he do cōmit petit treason homicide or larceny it shall not be imputed vnto him as felonie for that hee knew not what he did neither had he malice prepenced nor a felonious intent And this law doth not only restrain al persons from laying
St. 16. R. 2. 5 shall incurre the paines and penalties containeâ—â—n the Statute of Premunire made Anno 16. Ri. 2. 17 Because diuerse persons euill affected had practised contrarie to the meaning of the foresaide Statute of 13. Elizab. 2. by other meanes than by Bulles or Instruments written or printed to withdrawe seuerall of the Quéenes subiects from their naturall obedience to her Maiestie to obey the vsurped authoritie of the Bishop of Rome and in respect of the same to perswade great numbers to withdrawe their due obedience to her Maiesties Lawes established for the due seruice of God Perswading to the Romish religion For reformation whereof St. â— 3. Eli. 1 and to declare the true meaning of the same Lawe by a Statute made Anno 23. Elizab. 1. it was declared and enacted That all persons whatsoeuer which haue or shall haue or shall pretend to haue power or shall by any wayes or meanes put in practise to absolue perswade or withdrawe any of the Quéenes subiects or any within her Realmes or Dominions from their naturall obedience to her Maiestie or to withrawe them for that intent from the Religion now by her Highnesse authoritie established within her Highnesse Dominions to the Romish Religion or mooue them or any of them to promise any obedience to anie pretended authoritie of the Sea of Rome or of anie other Prince State or Potentate to be had or vsed within her Dominions or shall doe anie ouert Act to that intent or purpose and euerie of them shall be to all intents adiudged to be traitours and being thereof lawfully conuicted shall haue iudgement suffer and forfeit as in case of high Treason And if any person shall by any meanes be willingly absolued or withdrawen as aforesaide or willingly be reconciled Being perswaded to the Romish Religion or shall promise anie obedience to any such pretended authoritie Prince State or Potentate as is aforesaide Then euerie such person and persons their Procurers and councellors thereunto being thereof lawfully conuicted shall be taken tried and iudged and shall suffer and forfeit as in cases of high Treason And for the further confirmation and explanation of the saide Statute of Anno 23. Elizab. 1. and for a more augmentation thereof in some sort there was an other Statute made Anno 3. St. 3. Iac. 4 Iacob 4. whereby it was enacted That if any person or persons shall either vpon the Seas or beyond the Seas or in any other place within the Dominions of the King his heires or successours put in practise to absolue perswade or withdrawe any of the Subiects of the King his heires Practising to absolue or reconcile to the Romish Religion or successours of this Realme of England from their naturall obedience to his Maiestie his heires or successours Or to reconcile them to the Pope or Sea of Rome or to mooue them or any of them to promise obedience to anie pretended Authoritie of the Sea of Rome or to any other Prince State or Potentate Then euery such person and persons their Procurors Aidors Councellors and Maintainors knowing the same shall be to all intents adiudged Traitours and being conuicted shall haue iudgement suffer and forfeit as in case of high Treason And if any such person as is aforesaide either vpon the Seas or beyond the Seas or in anie other place within the Dominions of the King his heires or successours shall be willingly absolued or withdrawen as aforesaide or willingly reconciled or shall promise obedience to anie such pretended authoritie Prince Absolued or reconciled State or Potentate as is aforesaide Euery such person and persons their Procurers Councellours Aidors and Maintainours knowing the same shall be to all intents adiudged Traitours and being conuict shall haue iudgement suffer and forfeit as in case of high Treason But this Clause touching Reconciliation shall not extend to anie person which shall bée reconciled to the Pope or Sea of Rome that shall returne into this Realme and within sixe daies after his returne A reconciled person submitteth before the Bishoppe of the Diocesse or two Iustices of the Peace of the Countie where hée shall arriue shall submit himselfe to the King and his lawes and take the othe of Supremacie ordained Anno 1. Eliz. 1. and the othe set downe in this Act. 18 Whereas diuerse persons called or professed Iesuites Seminarie priests and other priests made beyond the Sea according to the order of the Romish Church haue come and béene sent into this Realme of purpose not onely to withdraw the Quéenes subiects from their due obedienes to her Maiestie but also to mooue sedition rebellion and open hostilitie within her Highnesse Dominions For reformation whereof by a Statute made Anno 27. Elizab. it was enacted That it shall not be lawfull to Iesuites and Priests shall not come into this Realme or for any Iesuite Seminarie Priest or other such Priest Deacon or other Religious or Ecclesiasticall person whatsoeuer St. 27. 2 E. 2 being borne within this Realme or any of the Dominions thereof and héeretofore since 24. Iun. Anno 1. reginae Eliza. made ordained or professed or héereafter to be made ordained or professed by any authoritie or iurisdiction deriued challenged or pretended from the Sea of Rome by or of what name title or degrée soeuer the same shall be called or knowen to come into be or remaine in any part of this Realme or any Dominions thereof other than in such cases and vpon such speciall occasions onely and for such time onely as is expressed in this Act viz. if he be so weake and infirme of body that hée cannot passe out of this Realme And if hée doe then euery such offence shall be adiudged high Treason And euery person so offending shall for his offence be adiudged a Traitor and shall suffer loose and forfeit as in case of high Treason 19 By a Statute made Anno 27. Elizab. it was established That if any the Quéenes subiects not being a Iesuite Seminarie Priest St. 27. El. 2. or other Priest Deacon or Religious or Ecclesiasticall person as is before mentined now being or which héereafter shall be of or brought vp in any Colledge of Iesuites Seminarie persons shall retire into England or Seminaries already erected or ordained or héereafter to be erected or ordained in any parts beyond the Seas or out of this realme in any forraine parts shall not within sixe moneths next after Proclamation in that behalfe to be made within the citie of London vnder the great Seale of England returne into this Realme and thereupon within two dayes next after such returne before the Bishop of the Diocesse or two Iustices of peace of the County where hée shall arriue submit himselfe to her Maiestie and her Lawes and take the Othe set foorth Anno 1. Elizab. 1. Then euery such person which shall otherwise returne come into or be in this Realme or any other the Dominions thereof for
said appeale is entred ought to be prisoner in the same Gaole and if not the same appeale is void S. Approuers 19. St. 28. E. 1. 9. H. 4. 2. Yet an approuer may appeale others that are not in prison but at large which is by force of the statute of 28. Ed. 1. de Appellatis And when an appeale is commenced before Iustices of Gaole deliuerie against diuers whereof there is but one in prison before them this appeale ought to be remooued into the Kings bench by a Certiorari and from thence proces shall be awarded against them which be at large Anno 1. M. Dyer 99. And Iustices of Assise may hold plea of appeales of robberie An appeale before Iu. of Assise by the commission of Gaole deliuerie An appeale before the I. of the Kings Bench. 45 As well as Iustices of Gaole deliuerie and the Sherife and Coroners haue authoritie to receiue an appeale by Bill 17. Ed. 3. 13 in like sort Iustices of the kings bench haue power to accept an appeale by Bill for they be the soueraigne coroners of the Realme Appeale against one Bayled 46 If one be in prison for felonie in the Kings bench 21. H. 7. 33. 32. H. 6. 4. or before the Iustices of Gaole deliuerie and after let to baile yet an appeale by bill may be commēced against him for he is a prisoner notwithstanding that bailement for they which tooke him in batle be his guardians and shall be charged if he escape some doe affirme that they may imprison him and some do hold that they shall be hanged for him And vpon his bailement he shall find sureties to answer to all persons No appeale against him that is let by mainprise But an appeale is not to be pursued against him 9. Ed. 4. 2. 39. H. 6. 27. who is let at libertie by mainprise for that he is not in ward No appeale before Iustices of peace 47 Some doe affirme that an appeale may be commenced before Iustices of peace for they haue authoritie by their commission 44. E. 3 44. and by the Statute of 18. Ed. 3. 2. to heare and determine felonies But others doe hold that they must onely procéed vpon indictment found by a Iurie before them and not vpon an appeale prosecuted at the suit of the partie grieued for the words of their commission be Ad inquirendum per Sacramentum proborum legalium hominum de comitatu praedicto per quos rei veritas melius sciri poterit de omnibus omnimodis felonijs c. Et ad omnia singula felonias c. indictamēta praedicta caeteraque omnia singula premissa secundum leges statuta regni nostri Angliae prout in huiusmodi casu fieri consueuit aut debuit audiendum terminandum By which words it is to be inferred that they shall enquire and punish at the Kings suit vpon indictment and not at the parties suit by appeale such felonies as shall bee committed within their Iurisdiction 48 If one of the Kings subiects doe kill another of his subiects in a forrain Realm the wife or next heire of him that was slain as the case requireth An appeale before the Constable and Marshall may haue an appeale of the same death in England before the Constable Marshall of England St. 1. H. 4. 14 by force of the Statute of 1. H. 4. which doth ordaine That all appeales of things committed within the Realme shall be tried and determined by the lawes of the Realme and of things committed out of the realme before the Constable and Marshall of England for the time being And no appeales fromhenceforth shal be made or pursued in Parliament No appeale in Parliamēt Bracton Britton 49 It doth appeare by Bracton and Britton Where there shal be diuers appeales for one felonie and where not that one might haue had in former ages one appeale against the principall and another against the Accessories but since that law is changed viz. The appellant shall haue but one appeale Co. li. 4. 47. in the which he must comprehend as well the principals as the accessories vnlesse it be in speciall cases and that is confirmed by the Stat. of West 1. St. 3. E. 1. 14 which doth ordaine That no person shall be outlawed vpon appeale of commandement force aide or receit vntill the principall be attainted But the appellant shall not let to attach his appeale at the next countie as well against the accessorie as against the principall But the Exigent against the accessorie shall staie vntill the principall be attainted by outlawrie or otherwise 9. H. 4. 1. 50 In an appeale against two if one doe appeare One only appeale for one felonie and the other make default yet the plaintife shall count against them both and the same law which compelleth the appellant to count at one time against them both doth enforce him to sue his appeale against them both for if an appellant doe bring an appeale against one person Co. l. 4. 47 and the appellée is attainted and hanged at his suit and after he will bring an other appeale against one or two others for the same offence he shall take no benefit by his suit for he should haue ioyned thē all in his first appeale 47. E. 3. 16. And the same law is if the first appellée had béene acquited or that the appellant had bin Non suit after apparance 51 It séemeth that in some cases at this day one may haue diuers appeals for one felonie Where diuers appeales for one felonie as if one in one countie doe procure another to robbe a man in another countie In this case the partie robbed shall haue one appeale against the principall in one countie and another against the accessorie in another countie or otherwise he should be without his remedie against the accessorie by Appeale St. 2. 3. E. 6. 24. But by the Statute of Anno 2. 3. E. 6. if one in one countie doe procure another to kill a man in another countie hee to whom the appeale of murder is giuen shall commence his appeale in the countie where the partie shall die S. Br. 37. 26. Ass p. 52 Co. li. 4. 48. 52 And so it is Two appeals founded vpon one felonie if the Appellant doe commence his appeale against the principall within a yeare and a day after the felonie committed and after the said appeale commenced another will receiue the same felon In this case the appellant may pursue another appeale against the said accessorie for these two be seuerall felonies which began at seuerall times S. Br. 35. Robbery of seuerall parcels of goods 53 If a man be robbed of two seuerall parcels of goods at one time he cannot haue two seuerall appeales for them and put parcel of the goods robbed in one appeale and parcel in
plead that the plaintife is outlawed 17. Ass p. 26 11. Ass p. 27 18. E. 3. 35 Fi. Cor. 3 or is attainted of Treason or Felony or otherwise is disabled to maintaine an appeale as if a woman doe bring an appeale of the death of her husband and the defendant doth plead that she and her said husband were neuer accoupled in lawfull marriage or that she hath married another husband Or that the appeale was not cōmenced within the yeare day after the offence committed Or that the appellant hath an elder brother liuing to whom the appeale is giuen Fit cor 384 387. not to the plaintife And all those matters which shal be a barre to the plaintife to bring the appeale shall also be a barre to the K. to take any aduātage against the appellée vpō the same appeal for in all these cases it may appeare that the appeale was cōmenced without cause grounded vpon false insufficient matter And the king shall be in no better condition than the appellant for the defendant is arraigned vpon the declaration of the appellant and yet it is otherwise where the Appeale was at the first grounded vpon sufficient and true matter But in all the cases aforesaid though the king can take no aduantage of the Appeale against the defendant yet he may compel him to answer to an indictment of the same felonie for that by these pleas the defendant is not discharged of the felonie though he be discharged of the Appeale S. Approuers 15. 17. 18. 19. No appeale of Treason 97 If an act which was murder felony or other offence by the cōmon law be after made treason by stat then one doth offend in the same no Appeal wil lye against him therefore for that no Appeale will lye of High or Petit Treason And therefore whereas wilfull poysoning was wilfull murder by the common law and after by the stat of 22. H. 8. 9. the same was made high treason and ordained that the offendor therein should be boyled to death which stat was sithence repealed by the stat of 1. Ed. 6. 12. 1. M. yet during the said stat of 22. H. 8. in force the sonne and heire of a man poysoned brought an appeale against a woman for poysoning her husband and because the offence was then high Treason M. 33. H. 8. Dyer 50. and no appeale will lye of Treason the appeale was adiudged not maintanable And yet by the ancient lawes of this realme as Bracton affirmeth the accusor might haue pursued an appeale of high Treason against the defendant or party accused Bracton de coron̄ c. 3 and the defendant might haue thereunto pleaded not guilty and waged battell with the accusor But that Law is sithence altered ⧠Indictments What an Indictment is 1 AN Indictment of Treason Felony Trespas or other offence is an inquisition taken and made by twelue men at the least thereunto sworne whereby they doe find and present that such a person of such a name and sirname dwelling in such a place of such a County and of such a degrée hath committed such a Treason Murther Rape Burglarie Robberie Felony Trespas or other offence at such a place vpon such a day and in such a manner against the Kings peace his Crowne and Dignitie and contrary to the Lawes of this realme and so it is an accusation by the Iury of the offendor and an information of the Court from whence they receiue their charge of his offence and of all such necessary circumstances thereof and in such certaintie that thereupon the same Court may procéed to the triall or arraignement of the party accused if he be present or otherwise may award Proces against him to appeare and to make answere thereunto if he be absent And because this Indictment and accusation doth sometime concerne the life or member of man sometime his liberty sometime his fame and credite sometime his Lands and Tenements and some other time his Goods Cattels Therefore the Law hath a speciall regard that the procéedings therein may be effected with all sinceritie and vpright dealing and doth carry a vigilant and watchfull eye not onely vpon the Iurors which are returned and sworne in those Enquests that they may be men of integritie sufficiencie and indifferencie but also vpon Shirifes and Baylifes of Liberties who haue authoritie to returne the same Iurors for she hath prouided by seuerall Statutes That they shall take no Indictments by Commissions procured at their owne sute but in their Turnes That they shall hold their Turnes St. 28. E. 3. 9 St. 31. E. 3. 14 St. 13. E. 1. 13 St. 1. E. 3. 16 and take Indictments but in conuenient and vsuall times That they shall take Indictments by twelue men at the least and then by Roll indented That they shal take their Indictments by men of good name credit and sufficient of estate St. 1. R. 3. 4 St. 1. E. 4 3. That they shall bring their Indictments and Presentments found and made in their Turnes to the Iustices of Peace of the same Countie that they may award Proces against those that be indicted and set fines vpon them That Iurors impanelled to make inquiries St. 11. H. 4. 9 shall be lawfully returned by shirifes or baylifes of Franchises without the denomination of any other person That Panels returned by the Shirife to make inquiries St. 3. H. 8. 12 St. 3. H. 7. 1 may be reformed by the Iustices and that one Enquest may be impanelled and charged to inquire of concealements of offences made by another Enquest So that the Law hath prouided that Indictments may be found by men of worth and vpon iust causes And as touching Commissions because in times past Shirifes of diuers Counties by vertue of Commissions generall Writs graunted vnto them at their owne sute for their priuat gaine did take diuers Enquests to indict people at their owne pleasures Commissions to shirifes to take indictments and then tooke fines and ransomes of them to their owne vses and after set at liberty the parties and neuer brought the same persons so indicted before the Kings Iustices to be deliuered there according to the forme of Law It was therefore by a Statute made Anno 28. Ed. 3. St. 28. E. 3. 9 ordained That all such Commissions Writs should be from thenceforth repealed and that none such should be at any time after graunted By force of which Statute the Shirife is restrained to make any inquirie by Writ or Commission The shirife may inquire of Felonies But yet by vertue of his office he may at this day make inquirie in his Turne of Felonies obseruing such orders as by the statutes hereafter limitted be expressed St. 9. H. 3. 36 2 Whereas by the statute of Magna Charta it was ordayned That no Shirife or his Baylife shall hold his Turne by Hundreds but twice in the yeare in
of the same shall for any the offences aforesaid committed within the realme of Scotland or for being accessory to the same forfeit any lands tenements or hereditaments either frée copie or customary hold neither shall the blood of such offendor be corrupted nor the wife lose her dower yet neuerthelesse the said offendors shall forf to his Ma. his heires and successors their goods chattels and credits whatsoeuer A like Act made in Scotland 11 And forasmuch as it is intended St. 4. Iac. 1. that an Act like vnto this shal be ordained in the realme of Scotland for the tryall and punishment of offendors being his Ma. natural born subiects of the same realm which shal commit any of the offences aforesaid within the realme of England or the dominions therof and shall after escape or returne backe into Scotland therefore be it enacted that vpon complaint made by any of his Ma. subiects of the realm of England to any of the Iust of Assise Commissioners of Oyer and Terminer or gaole deliuerie or Iust of the peace within the precincts of their seueral commissions respectiuely being naturall borne subiects within the realme of England concerning any such offences committed by any his subiects of the realme of Scotland within the realme of England in case where the offendor is returned into the realm of Scotland as aforesaid the said Iust or commissioner shal haue full power and authoritie Binding the complainant or witnesses to giue euidence in Scotland to bind ouer as well the said party complaining or prosecuting as any witnesses that he shall desire to produce so as their reasonable charges be first tendred vnto them by recognisance in a conuenient sum to his Maiesties vse to prosecute and giue in euidence within the realme of Scotland wherein if default shal be made and the same proued by certificat or otherwise before the Lord Treasorer Chauncellor and Barons of the Exchequer or any of them in the Exchequer chamber and a decrée there made that the same recognisance shall stand forfeited then the court of Exchequer shall thereupon procéed for the leuying of the debt of the said recognisance as if it were adiudged forfeited by the course of the common law St. 4. Iac. 1. 12 On the other part Scottish men repairing into England to giue euidence shal be frée frō arresting euery of his Maiesties subiects of the realme of Scotland either party grieued or witnesse which shall prosecute in any the cases aforesaid within the realme of England and therby shall haue occasion to make his repaire hither either voluntarie or by the like bond as is before expressed on the part of the realme of England shall haue and enioy priuiledge and immunitie from all maner of arrests concerning all offences or other causes as well capitall as others committed done or occasioned before he shall come into England as aforesaid except treason or wilfull murder so long as he or they shal be necessarily going comming or abiding within the said realme of England for the prosecution of the sayd offendors St. 4. Iac. 1. 13 Prouided neuerthelesse The offence shal be laid where it is done that euery such offence so committed as aforesaid shal be laid and alledged in the indictment or other declaration to be done and committed in the realm of Scotland according to the truth of the fact and not in the counties where the trial is limited to be had and made as aforesaid any thing in this Act formerly contained to the contrarie notwithstanding St. 4. Iac. 1. 14 Prouided He that is once tried shall not be eftsoones called into question that if any of his Maiesties subiects of the realme of Scotland shall bee proceeded with and tryed in the Realme of Scotland vpon the prosecution of any party grieued and vpon euidence in open court for any offence done or committed within the Realme of England that no such person shal be eftsoons called into questiō or procéeded with for the same fact within the realme of England but that it shal be lawfull for euery such persons to plead and alledge for himselfe vpon his arraignment that he was formerly lawfully acquited conuicted or attainted of the same offence within the realme of Scotland and that thereupon all further procéeding shal stay vntill the Court haue sufficiently informed themselues by certificat from the realme of Scotland or by any other good wayes and meanes of the truth of the said allegations which if they shall find true the said person shal be forthwith discharged of all further impeachment or procéeding St. 4. Iac. 1. 15 No naturall borne subiect of the Realme of England None shal be sent out of England to receiue his triall or the Dominions of the same shall for any High Treason Misprision or concealement of High treason Petit treason or any other whatsoeuer offence or cause committed within Scotland be sent out of England where he is apprehended to receiue his triall vntill such time as both Realmes shall be made one in lawes and gouernment St. 4. Iac. 1. 16 At all such tryals the Iurors then and there sworne The Iurors shall allow of or reiect the witnesses or the greater part of them who in respect of the great trust and charge which must now be layd vpon them are by vertue of this Act as before appeareth to be persons of better conditions and qualitie than the law required heretofore for Iurors in tryal of like offences shall haue in their power and election according to their consciences and discretion vpon their othes to receiue and admit onely such sufficient good and lawfull witnesses vpon their othes either for or against the partie arraigned as shall not appeare to them or the greater part of them to be vnfit and vnworthy to bée witnesses in that case either in regard of their hatred and malice or their fauour and affection either to the party prosecuting or to the partie arraigned or of their former euill life and conuersation Triall by Péeres 17 Prouided that if the offendor in any the cases aforesaid St. 4. Iac. 1. shall be a Péere of the Realme then his tryall therein shal be by his Péeres as is vsed in case of Felony or Treason and not otherwise 1 Triall of him which woundeth a man in one county whereof he dyeth in another S. Principall c. 16. 2 Triall of a felonie committed in one countie and accessorie thereunto in another S. Principall c. 17. 18. 3 Triall of Treason Misprision of Treason and Murders where the King will S. Indictments 10. 4 Indictments and trials of Treasons committed out of the Realme S. Indictments 11. ⧠Challenge 1 WHen the prisoner standing at the barre hath pleaded not guiltie and that the same issue is to bée tryed betwéene the King and him or the appellant and him the law doth allow him to challenge viz. calumniari to take exception vnto or to
in any dwelling house or houses or to do or commit any robberie in or néere any highway in the Realme of England or in any other the Quéenes Dominions or to commit or doe any robberie in any place within the Marches of England against Scotland or wilfully to burne any dwelling house or any part therof or any barne then hauing corne or graine in the same then euery such offendor and offendors and euery of them being outlawed of the same or being thereof arraigned and found guiltie by the order of the law or being otherwise lawfully attainted or conuicted of the same offence or being arraigned thereof do stand mute of malice or froward mind or doe challenge peremptorily aboue the number of xx persons or will not answer directly to such offence shall not haue the benefit of his or their clergy Euery Lord and Péere of the realme hauing place and voyce in Parliament vpon euery indictment for any of the offences aforesaid shall bee tryed by his Péeres A man was indicted of the robberie of another in his mansion house P. 2. Eliz. Dyer 183. he being in his house and put in feare And another was indicted for that he did feloniously before the sayd robberie procure and counsell the principall to commit the sayd robberie in which indictment of the accessorie this word malitiously was omitted Malitiously omitted in the indictment for the default of which word this accessorie had his clergie for this word malitiously shall haue relation to all the aforesaid offences of Petit treason murder robberie and burning of houses 30 By the before specified Statute of Anno 1. Ed. 6. St. 1. E. 6. 12 Where a Lord of the Parliament shal haue the benefit of his Clergie among other things it is enacted That in all and euerie case and cases where any of the kings subiects shall and may vpon his praier haue the priuiledge of Clergie as a Clerke conuict that may make purgation in all those cases and euerie of them and also in all and euerie case and cases of felonie wherein the priuiledge or benefit of Clergie is restrained excepted or taken away by this Statute wilfull murder and poysoning of malice prepenced only excepted the Lord and Lords of the Parliament S Br. 24. and Péere and Péers of the Realme hauing place and voice in Parliament shall by vertue of this Act of common grace vpon his or their requests and prayer alledging that he is a Lord or Péere of this Realme claiming the benefit of this Act though he cannot read without burning in the hand losse of inheritance or corruption of his bloud be adiudged déemed taken and vsed for the first time onely to all constructions intents and purposes as a Clerke conuict which may make purgation without any further or other benefit of Clergie to any such Lord or Péer from thenceforth at any time after for any cause to be allowed adiudged or admitted Any law custome statute or other thing to the contrarie notwithstanding By this Statute a Lord of the Parliament shall haue the priuiledge of his Clergie where a common person shall not viz. for the breaking of a house by day or night or for robbing of any in the highway and in all other cases excepted in the sayd statute of Anno 1. Ed. 6. sauing in wilfull murder and poysoning But in all other cases wherein Clergie is taken away by any statute made sithence the sayd statute of Anno 1. Ed. 6. he is in the same degrée that a common and inferiour person is But the Court will not giue him the benefit of this statute if he doth not require it If a Lord of the Parliament doth confesse his offence vpon his arraignment or doth abiure or is outlawed for felony it séemeth that in these cases he may haue the benefit of this statute viz. his Clergie for that by the Statute of 18. Elizab. 6. hée nor any other need to make his purgation but shall bée forthwith deliuered out of prison by the Iustices sed quaere 31 In all the foresaid cases of wilfull murder breaking of houses The indictment must beē according to the statute robbing in or néere the highway buggerie stabbing and such like where a man is put out of his Clergie by statute it is necessarie that in the indictment mention should he made of the offence in such manner as the same offence is expressed in the statute P. 9. Eliz. Dyer 261. or otherwise the offendor shall haue his Clergie for if the indictment be onely murdrauit without adding ex malitia praecogitata the partie meant to be indicted of wilfull murder shall haue his Clergie and so of all the residue for his attainder or conuiction is vpon the matter contained in the appeale or indictment and if in the appeale or indictment no matter is contained which doth put him out of his Clergie then it cannot be sayd that hée is attaint or conuict of any matter contained in the Statute which should cause him to loose the benefit thereof And the Iudge is to haue speciall regard and consideration when those words be put into the indictment that they which do giue euidence do proue the same words well and substantially The words of the indictment to be proued as well as the principall fact and if they doe not the Iudge is to admonish the Iurie thereof viz. that there is no proofe of those words by the euidence and that therefore they are not bound to find them if they doe not know them of their owne knowledge Or otherwise for default of good examination the life and lands of any man may be lost by the malice of another which will put false words in an indictment that cannot be proued by euidence When Clergy shal be demanded 32 By the auntient law of the Realme if a Clerke of any order or dignitie had béene taken for the death of a man or other felonie or offence and imprisoned and the Ordinarie had demaunded him Bracton the temporall Iudge ought to haue deliuered him presently to the Ordinarie his Officiall or to some other by his warrant without inquiring of him viz. before his indictment Not to the intent that the Ordinarie should set him at libertie but kéepe him in prison vntill the offendor were purged of his cryme For it was then holden for law that the King could not kéepe him in prison whom hée could not iudge neither could hée disgrade any of his Clergie because hée could not admit any to his Clergie But because the Statute of Westminst 1. St. W. 3. E. 1 doth ordaine That they which bée indicted of Felonie in the Kings Court by the solemne othe of lawfull witnesses shall bée deliuered to the Ordinarie vpon his request according to the priuiledge of holy Church but yet in no manner without due purgation Fitz. Cor. 233. 386. 417. M. 40. E. 3 42. Therefore they that came after this Statute chaunged
or any of them in their Turnes or Lawdayes And as of other felonies 3. H. 7. 5. 5. E. 6. D. 69 9. H. 4. 1. so I. of peace may inquire of murder Murder because wilfull murder is felony But Iust of peace cannot inquire of treason Treason for neither the before mentioned stat of 18. E. 3. nor the words of their commission do authorise them so to do The Lord of a Mannor Iudge in felonie 13 There be some that haue libertie of Soc and Sac Tol and Them Bracton de Corona cap. 35. 2. R. 3. 10. Infangthéefe and Outfangthéefe these in their own courts may giue iudgement of him who is found within their liberty possessed of any manifest theft as if he be hand hauing and back bearing and that Sathaber viz. he whose the goods be do pursue him Kel fol. 150 for vnlesse he be in possession of the goods though another doth pursue him as a théefe yet that Court Hundred or Wapentake cannot hold plea of such a theft nor make inquirie by the Countrey whether such a man which was not possessed of the goods bee culpable or not Neither shall any wage battell without possession It is called Infangtheefe Infangthéefe where a Theefe is taken possessed of goods stolne within any such Manor or Libertie who is commorant and dwelling within the same libertie and one of the said Lords owne people Outfangthéefe Outfangthéef is a théefe that is a stranger comming from some other place into the Mannor of the Lord who hath such a libertie and is there taken with the manoure And yet he that hath such a libertie cannot fetch one of his owne people who hath committed larcenie out of his libertie and bring him into his libertie and iudge him there according to his libertie for euery person must receiue the punishment of the law where he hath offended the law But he may giue iudgement as well against his own people as against strangers committing larcenie that be taken within his libertie 46. Ed. 3. 15 14. H. 4. 15 And in this libertie of Infangthéefe and Outfangthéefe and in waife and stray and wreck of the sea a man may prescribe but so he cannot do in goods of felons and fugitiues for they do belong to the Crowne and cannot passe without the Kings graunt Fitz. Prescription 65 14 The custome of some countrey is such A felon first executed and then iudged that if one hath committed burglarie or other felonie and he be pursued by huy and cry from towne to town and so taken flying he must be beheaded in the presence of the inhabitants of foure townes and so by the vsage of that countrey he is accounted a felon And this must be recorded in the Coroners roll and after the Coroner must present it before the Iustices and they will adiudge him a felon And so he must be first put to death and after iudged a felon FINIS ⧠The generall Titles of this Booke 1MEnace Assault Batterie Jmprisonment Maiheming 2 Riots Routs vnlawfull and rebellious Assemblies 3 Force and Forcible Entries and Forcible detaining of possessions 4 Forgerie 5 Periurie and Subornation of Witnesse 6 Maintenance Champertie Embracerie 7 Deceit Couin Collusion Fraud 8 Extortion Exaction 9 Oppression 10 Treasons 11 Homicides 12 Felonies by the common Law 13 Felonies by Statute 14 Principall and Accessorie 15 Breaking of Prison and Rescous 16 Escapes of Felons 17 Pursute by Huy and Cry 18 Appeales of Felony 19 Jndictments 20 Mainprise and Bayle 21 Confession of the offence 22 Approuer 23 Sanctuarie and Abiuration 24 Pleading not guilty 25 Triall of the plea of not guilty by Battell 26 Triall by Peeres 27 Triall by the Countrey 28 Challenges 29 Euidence 30 The Verdict 31 Clergie 32 The Kings Pardon 33 Standing mute or answering indirectly 34 Judgement and Execution 35 Forfeitures for Treason or Felony 36 Corruption of Blood 37 Restitution of stolne goods 38 Dammages in an Appeale 39 A Writ of Conspiracie 40 The Coroner and his authority and dutie in Felonies 41 Who shall be Judge in Treason and Felonie ⧠A briefe effect of euery Braunch or Chapter in this Treatise Menace Assault Batterie Imprisonment Maiheming Fol. 1. 1 THe euill fruits of menaces Menacers shal be imprisoned The enormitie of libelling and defaming 2 The differences of Menacing Assault and Batterie 3 The declaration in trespas of menacing A rebuke accounted a Menace or Assault 4 Menacing a seruant wherby he departeth out of seruice 5 Menacing a tenant whereby he departeth from his tenancie Menacing of a Lords Freeholder 6 Menacing which is iustifiable 7 Menacing by going or riding armed 8 Wearing of a priuie coat a Menace 9 Labourers shall weare no weapons to preuent Menaces 10 Assurances made by Menace 11 What is an assault What is a batterie 12 Iustifying of beating in his owne defence Barre in trespas of Assault and Batterie 13 Iustifying of beating in defence of others The mastâ—rs remedy for beating of his seruant 14 Batterie in defence of his goods Battery in defence of his land lease or way 15 Batterie in resisting of a Iustice of Peace 16 A Schoolemaster beateth his Sholler 17 A Master beateth his Prentice 18 Beating of a man that is franticke 19 Beating of one that will not yeeld to arrest 20 Beating of a seruant departing out of seruice Beating of a Ward 21 Commaundement of Batterie 22 Battery or hurting at some exercise or disport 23 Battery by whipping of a vagabond Punishments by the order of Law 24 Battery for disobeying of a writ or warrant 25 Arresting one in a Church that is doing diuine seruice 26 Disturbing of a Preacher in his Sermon 27 Chiding in a Church or Churchyard Smiting in a church or churchyard Drawing or smiting with a weapon in a Church or c. 28 Drawing of blood within the kings palace 29 Assaulting one which commeth to the Parliament Assaulting the seruant of a Parliament man The liberty of the Clergie at a Conuocation house touching assaults 30 Assaulting a Iudge or Iuror Striking in time or place of iustice 31 Arresting by watchmen 32 Trespas for a battery before Outlawrie 33 A man first indicted for batterie and after sued for the same 34 What imprisonment is Voluntary consent no cause of imprisonment 35 Imprisonment by the commandement of the king or his Iustices c. 36 Imprisonment for notorious and grieuous offences 37 Imprisonment for offences done vi armis 38 Imprisonment for Riots 39 Imprisonment for holding land with force 40 Imprisonment of one that is pursued by huy and cry 41 Imprisonment of him that doth breake the peace Arresting of suspected persons 42 Imprisoning of him that doth attempt to rob 43 Assisting him to arrest that hath a warrant 44 Breaking of a house to arrest in what case lawfull 45 The shirife doth arrest and doth not returne his writ 46 Arresting vpon suspition of felony Causes of suspition of felony