the Peace do not agree upon an order it is to be referred to the Bench Dal. 25. Quadraginta septimanae sunt â—egitimum tempus mulieribus constitutum Coke Instit 123. Dal. 38. The mother may be examined upon oath concerning the reputed father the time and other circumstances Dal. 37. By 7 Jac. cap. 4. the mother is to be committed to the house of correction for a year but not till after delivery and the child living Dal. 38. If she offend the second time she is to be committed to the house of correction and there remain till she find sureties for her good behaviour and not to offend againâ— 7 Jac. c. 4. Dal. 38. All Justices of Peace in their several limits and in their Quarter Sessions may do all things concerning the Statute 18 El. for Bastardy which is limited to the Justices of Peace in several counties 3 Car. cap. 4. Reputed father to be bound to the good behaviour till the child be born Dal. 37. Vide plus House of Correction If the putative father shall either before or after the birth of the child by practice of any other convey himself away or cause the mother to run or leave her child such may be bound over to the next Goal-delivery oâ— Quarter Sessions Dal. 37. Battery lawful vide Riot Assault Breach of the Peace Bath and Buxton vide Licence Bawdery Bawdery is not meerly a spiritual offence but mixt and soundeth somewhat against the Peace Lam. 119. Dal. 193. A Constable upon information that a woman is in adultery or fornication with a man or that a man and a woman of ill report are gone to a suspected house in the night may take company with him and if he finde them so he may carry them to prison or to a Justice to be bound to their good behaviour Dal. 193. Resorters to bawdy-houses are to be bound to their good behaviour Dal. ibid. Keepers of bawdy-houses are to be bound to their good behaviour Dal. ibid. Beads vide Agnus Dei Bear-wards vide Licence Beer and Beer-brewers vide Victualâ—ers Beggers vide Rogues and poor people Blockwood vide Logwood Bloudshed Presentment of bloudshed found in the Sheâ—iffs Turn and sent to the Justices of Peace an neither be traversed before the Justâ—ces of Peace nor at the Sheriffs Turn Lam. 543 Bonds vide Recognizances Bowyers vide Archery Brass and Pewter Brazier nor Pewterer may exchange or sell â—ny Brass or Pewter but in open Market or Fair or in his house unless upon request of â—he buyer on pain of ten pounds for each offence 19 H. 7. c. 6. 4 H. 8. 7. and inquireable â—t the Sessions Lam. 621. All working hollow wares of other lay meâ—al then according to the assize of the lay metal wrought in London or not setting their seal on lose the wares Searchers of Brass and Pewter must be appointed by the Justices of Peace at Michaelmas Sessions 19 H. 7. c. 6. 4. H. 8. c. 7. Lam. 621. Breach of the Peace or good behaviour What shall be accounted a breach of the Peace To threaten one to his face to beat him at whose suit he was bound Lam. 115. Dal. 181. Cro. 136. b. or in his absence if he after lie in wait to do it ibâ—d To command or procure one to do any unlawful against the peace if it after be done Menacings affaires assaults injurious anâ— violent handlings entreatings battery and malicious strikings imprisonment withouâ— warrant to thrust one into the water to enâ— danger him to ravish a woman to commiâ— felony or treason Dal. 181. Lam. 127. A Farmer Tenant or Commoner by threats or blows to repulse violence offereâ— his Land lord or Maior Lam. 129. Dal. 185. What act soever is a breach of the Peace the doing thereof doth beget a forfeiture oâ— the recognizance made for keeping of the Peace Dal. 181. Lam. 114. A Justice of Peace certifieth into the Kings Bench that such a man broke the Peace iâ— his presence the party shall be put to his fine without any traverse Cro. 132 a. What not In his absence to threaten to beat him aâ— whose suit he was bound to the Peace Dal. 181. Threats or moderate correction of the Master Schoolmaster Goaler to those under their command of Parents to the child within age of the Lord to his villain Lam. 127. Dal. 183. To beat with rods a kinsman that is mad to the end to reclaim him Dal. ibid. Lam. 128. Constable Officer or any of their company to strike any for better execution of their office Dal. 180. Lam. 128. By threats or blows to repulse violence offered to ones own person wife father mother child mâ—â—â—er Dal. 184. Preservation of his own goods Ibid. Lam. 129. and Crom. 136. b. affirm that the Master â—ay beat him that doth assault or beat his â—ervant but Dalton maketh a quaere of it â—nd that a Master may onely with sword or â—aff defend him Dal. 185. Pax Reg. 5. To kill or hurt one at fence play tilt turâ—ament or barriers in the Kings presence or â—y his command Dal. 184. Lam. 129. To take ones goods wrongfully if not from his person Lam. 130. Dal. 186. 210. is no forfeiâ—ure of his recognizance Cro. 65. b. nu 59. 8. 137. a. So to take anothers Ward Dal. 186. Lam. ibid. To disseise another of his Ward Dal. ibid. To trespass in anothers corn or grass ibid. Trespass lieth at the Common Law for threatning to beat one Vide plus Forfeiture It is no breach of the Peace for a private man to strike or wound another in defence of his own person from beating wounding or killing but if he may escape with his life without being wounded maimed or hurt it is not lawful except he first flie as far as he can Dal. 184. Cro. 137. a. To take a dog of any kinde or other thing of pleasure from the person of another or in his presence with force or violence amounteth to a breach of the Peace Dal. 168. Brewers vide Victuallers Bridges By common right Bridges should be amended by the whole County for it is for the common ease of the County Cro. 187. b. yet if any have fishings or profit in that river they are chargeable Cro. 186. b. A man voluntarily maketh or amendeth a Bridge he is not compellable to do the same again unless he his ancestors have used so to do time out of mind Dal. 41. Cro. 186. a. Where a man and his ancestors have used time out of mind to repair a Bridge the King cannot acquit him Dal. 41. It being not known who or what land is chargeable with the repairing of a decaied Bridge four Justices one being Quorum may tax the Inhabitants and make Collectors and Overseers for repairing of it and appoint Surveyors and exact an accompt of them and if they refuse so to do the said Justices may make out Process against them by Attachments Precepts or Warrants under their seals returnable at the Quarter
robbery be done therein he must be answerable for it and the Lord of a Park must set it two hundred foot on each side from the way or a sufficient wall dike hedge or pale that the offenders cannot pass Dal. 133. Homicide Homicide is the killing of a man by a man Dal. 234. It is no difference whether the slain be aliâ—n denison or English man if he lives under â—he Kings protection Lam. 237. Crom. 21. a. nu â— Dal. 239. To kill one attainted of treason or of felony â—r outlawed for felony or attainted in Preâ—unire is felony Dal. 239. Cro. 24. a. nu 39. â—tamford 13. quaere Homicide is either killing himselfe felo de â—e or another Felo de se forfeiteth to the King his goods â—nd chattels real and personal and his debts â—ue by speciality Dalt 240. but no lands nor â—loud corrupted ibid. His goods are not forfeited till his death â—bid Infant or non compos-mentis do not forfeit â—ut a lunatick killing himselfe out of his â—unacy doth forfeit his goods Dal. 240. Homicide of another is Voluntary Involuntary Voluntary is Murder vide Murder Manslaughter Manslaughter is when two fight together â—pon the sudden without malice precedent â—nd one of them doth kill the other Cro. 26 â— Lam. 248. Dal. 247. Manslaughter is By chance medly Se defendendo person house and goods Manslaughter by chance-medly is felony but may have his clergy Dal. 247. One fighting breaks his weapon a stander by lends him another whereby the other is killed it is manslaughter in the lender Dal. ibid. Cro. 26. b. nu 12. Lam. 252. Two fighting on the sudden part and meet again one killeth the other it is a continued fray Dal. ibid. Lam. 250. Crom. 23. b. nu 31. 24. a. nu 36. 26 a. nu 9. The servant fighting in his masters defence though there were malice in the master not told to the servant Lam. 248. so a stranger suddenly taking part Lam. 248. it is chance-medly Two that were in malice are reconciled fall out upon a new occasion and one is killed it is manslaughter only Lam. 250. Dal. 248. Se defendendo when one killeth another in the necessary defence of himselfe or his thereby to save himselfe or his possessions or goods or some other persons which he is bound to defend from peril and it is either against a felon as murderer or thief or a loial subject Lam. 252. Dal. 253. Against a loial subject if he be assailed by another man he must flie so much as he may till he be letted by some wall ditch hedge prease of people or other impediment that his necessity of defence may seem inevitable and he shall be committed till the time of his triall lose his goods and seek his pardon Lam. 253. Dal. 254. It is not material though he strike again if before he give any deadly wound he flie to the streight A man flieth to a wall and holding out his weapon the other runneth upon it and is slain it is se defendendo and forfeiteth his goods Dal. 274. Cro. 28. a nu 7. But if he had fallen on the ground drawn his knife and the other fall on it and killeth himselfe he forfeiteth no goods for he could not flie and the slain is in a sort felo de se ibid. P. R. 122. b. â—tam 1â— a. Neither is it material though there were former malice unless he lie in wait for the oâ—her or agree for the place of fight or strike â—he first stroke Lamb. 253. Dal. 254. Or assaulted in his own house upon a sudâ—en quarrel and thereby killeth him La. 254. â—ut he forfeiteth his goods and must have his â—ardon of course except the assailant came with a felonious intent to kill or rob him Dal. 254. Cro. 28. a nu 6. Lam. 254. A man falleth to the ground there his flyâ—ng to a streight is not necessary Dal. 255. An officer or minister of justice in execuâ—ing his office being assaulted is not bound to â—â—ie Dal. 255. Coke 9 98. A servant killing him who robbed or killed his master so it be done presently or in defence of his masters person or goods if it cannot otherwise be avoided Dal. ibid. Cro. 28. nu 4. Forester Parker or Warrener or any in their company killing an offender in a Forest Park or Warren after hue and cry to keep the P. if they yield not themselves but flie or defend themselves by violence is no felony Dal. 255. Quaere if there be no malice in the keeper Cro. 30. b. In defence of my house goods it is justifiable by me my servants or company to kill one who attempteth feloniously to murder or rob me in my dwelling-house or in or near a high-way horse-way or foot-way or burglarily to break my house in the night Dal. 254. Crom. 27. b. nu 1. Vide Lam. 240. of one entring by force in the day and killing in the dark To shoot at him that cometh to burn my house is justifiable in me or my servants Dal. ibid. Cro. ibid. In defence of the possession of my goods I may justifie to beat him that wrongfully taketh them but not kill him except he be a thief Dal. 255. Vide Assault To kill a true man in defence of house land or goods is manslaughter Dal. ibid. Cro. 27. b. nu 4. Involuntary homicide is by Mis-adventure necessity By misadventure is when a man doing a lawful act without any evil intent killeth a man this is not felony of death but he shall have his pardon of course for life and lands but forfeiteth his goods Dalt 249. Lamb. 254. A schoolmaster father mother or master correcting moderately his scholar child or servant Shooting at pricks buts or lawful mark A workman casting tyle timber or stone from a house or any thing from a cart and giving warning or doing other lawful thing and giving warning Running at Tilt or fighting at Barriers by the Kings command The killing of a man in doing of an unlawful act without evil intent is felony as shooting arrows casting stones into high-waies or other place whither men usually resort Dal. 250. Fighting at Barriers or running at Tilt without the Kings command Quaere if playing at hand-sword bucklers foot-ball wrestling and such like whereby a man is slain or receiveth hurt dieth within the year and day be felony of death or may have their pardon of course quaere similiter of â—asting a stone at bird or beast A man may be slain by the fall of a house or tree c. and killed by a bull bear horse dogge c. or by some fall which he taketh Dal. 251. if it be through the wilful default of â—nother it is felony The thing which causeth the death is a Deoâ—and and so forfeiteth to the King Crom. 31. â— Dal. 251. The forfeiture hath relation from the â—roke given Deodands are not forfeited till the matter â— found on record Dal. 251. The Jury which findeth
Sheriff of that shire whereunto he departed returnable before themselves 5 El. c. 4. Lam. 525. The sufficiency of the cause of the masters putting away of his servant or the servants departing from his Master within his term must be proved at the Quarter Sessions Lam. 610. 5 El. c. 4. Houshold servant spoileth the goods of his deceased master and after proclamation in the Kings Bench maketh default of appearance there it is felony but not enquirable by the Justices of Peace 33 H. 6. c. 1. Lam. 281 548. Dal. 266. A man not able nor sufficient to keep a servant doth retain a servant such retainer iâ— void Dal. 82. Retainer of a servant in husbandry without expressing any term shall be for one year Crom. 184. a. Dal. 83. it is according to the statute 5 El. c. 4. One retaineth a servant for 40 daies and afterwards another retaineth him for a year the first retainer is void Cro. 184. a. Dal. 83. A servant cannot be discharged by his master without his own agreement or for some cause allowed by a Iustice of Peace Dal. 84. An apprentice cannot be discharged by his master but by writing for an apprentice cannot be but by writing Dal. 85. Crom. 184. b. 185. b. A servant put away shall have his proportional wages for the time he served but it must be by the help of a Iustice of Peace Dal. 84. A servant of his own accord departing from his service loseth all his wages Dal. 84. A servant refusing to do his service it is a departure in law though he stay still with his master Dal. 84. Detaining of wages or of meat and drink is good cause of departure but to be al. lowed by a Iustice of Peace Dal. 84. Cro. 185. a. A woman married after she is retained must serve out her time Cro. 184. b. Dal. 82. No servant in husbandry artificer or victualler nor any labourer shall carry any buckler dagger or sword on pain to forfeit the same but for defence of the Realm or travelling with their master or about their masters business 12 R. 2 c. 6. Cro. 185. b. 76. b. Any two Justices of Peace may give their consents with the Churchwardens and overseers or the greater part with them to bind as apprentices the children of poor parents till the age of the man-child of 24 and of the woman till 21 39 El. 3. Lam. 331. 43 El. c. 2. Dal. 83. Retainer according to statute though no wages be spoken of is good and shall have wages according to the proclamation Dal. 84. Retainer not being according to statute is void except it be by Indenture Dal. 84. Retainer upon condition is good Dal. 84. Retainer without expressing in what office is good Dal. 84. Retainer for life is good Dal. 84. Retainer for a year to serve when he shall be required is not good Dal. 84. By Retainer the servant is presently in service though he comes not into his masters service indeed Dal. 84. The executor the master dying must pay wages to the servant hired according to statute not otherwise except it be by Indenture Dal. 84. Larceny Larceny is the felonious and fraudulent taking another mans personal goods removed from his body and person without his will to the end to steal them Lam. 272. P. R. 129. Personal goods are Wholly anothers Dead Alive His own yet also a Property in another Dead goods In their own nature chattels as mony plate houshold-stuff Lam. 273. wooll severed from the sheeps backs to take the skin and leave the body the flesh of tame or wild fowl or beast Lambert 275. goods of the Church Parish or of an unknown person Lam. 276. Once no chattels and made chattels by the owner as mowed corn mowed hay wood felled apples gathered c. Lam. 276. Alive Tame as horses beasts sheep swine pullen Lam. 273 274. Wild made tame by Art Restraint of liberty By art as A tame deer by common law Lam. 274. By statute a falcon tarcelet lanner lanneret lost without bringing it to the Sheriff to be proclaimed Lam. 274. By restraint of their liberty as young pigeons young herons young hawks out of their nests fish in a trunk stew or pond Lamb. 274. A mans own goods Where he hath given a special property to another as by bailment pawning c. and seloniously taketh it again Lam. 277. Dal. 270. Where one coming lawfully to the possession by lending altereth the property aâ— by melting of borrowed plate and the lender taketh the metal feloniously Lam. 277. Dal. 270. In what goods Larceny cannot be committed In goods of Profit Pleasure Goods of profit as where is An owner they are Real Personal No owner as treasure trove wrecked strayed Lam. 276. Real are Distinct from the free hold aâ— charter of land or a ward Lam. 275. Annexed to the free-hold aâ— apples on the tree a tree growing lead from a house or from a Church Lam. 276. Personal as wild things using their wildness as pidgeons flying hawks not reclaimed fishes in the River Lam. 274. Phesants Partridges Hares Conies Herons Swans Deer that are abroad Lam. 275 Dal. 270. Goods of pleasure as Dogs Apes Parrots singing birds a Diamond Ruby or â—theâ— stone not set in Gold or Sâ—lver Lam. 2â—5 â— Dal. 269. Larceny is Grand larceny Petty larceny Grand larceny is where the thing stollen above the value of 12 d. and is punishable by death Dal. 262. Petty larceny if the thing stollen exceeâ— not 12 d. and is punishable by the discretâ—oâ— of the Justices before whom he is aâ—raâ—gned and forfeiteth his goods P. R. 129. Dal. â—62 Divers petty larcenies put in one indictment and above the value of 12 pence are punishable by death P. R. 129. Lam. 273. Dal. 263. Divers found guilty of one larceny above 12 pence they all must die for it for that felony is several in law even as those others severed in act Lam. 223. Dal. 263. What acts do amount to larceny To carry away the plate delivered to me in a tavern to drink in Lam. 278. Cro. 35. b. nu 4. Dal. 263. To carry those things one is hired to carry to another place then he was hired and there feloniously to convert them to his own use Lam. 279. Dal. 264. Crâ— 36. a. nu 10. A servant not being an apprentice to go away with the goods of his master above 40 shill which were in his custody Lam. 279 280. Dal. 264. Carrier to convey away or convert to his own use the goods after they are brought to the place appointed by the owner Dal. 264. Lam. 279. He to whom the key of ones chamber door is delivered openeth the door and taketh away the goods Lam. 279. Dal. 266. A servant receiving 20 li. in gold of his master to keep changeth it into silver and runneth away with it for gold and silver are both of one nature viz. money Dal. 265. Cro. 50. a. Lam. 280. A guest is harboured who carrieth away
his sheets out of his chamber with purpose to steal them and is taken in the house Dal. 266. Cro. 35. a. nu 2 Lam. 281. One servant runneth away with the goods of his master delivered unto him by his fellow-fellow-servant to the value of 40 shill or converteth them to his own use Dal. 265. Cro. 50. Lam. 281. A Carrier embeze's part of the goods committed to his charge Dal. 264. Cro. 36. a. nu 11. A servant receiveth of his master a piece of cloath to keep and he maketh a garment therewith and goeth away therewith Cro. 50. a Dal. 265 266. A servant taketh away or spoileth the goods of his deceased Master upon default of appearance in the Kings Bench after proclamation it is felony Dal. 266. 33 H. 6. c. 1. Lam. 281. Taking an horse feloniously and apprehended before he get the horse out of the close Lam. 282. Dal. 267. The husband shall not be punished for theft done by his wife he not knowing thereof or if after knowledge he presently forsake her and his house Lam. 282. What acts do not amount to larceny One having goods bailed unto him converteth them all to his own use Cro. 36. a. nu 11. A Carrier conveyeth the goods to another place then he was hired and there converteth them to his own use Lam. 278 Daâ— 264. â—râ— 36. a. nu 11. An obligation or wares delivered to a servant who receiveth the money or selleth the wares and runneth away with the money Dal. 265. Cro. 35. b. nu 50. a. Lam. 280. A wife stealeth goods in the company of her husband or by his command quaere if it be without his compulsion Lam. 282. Dal. 272. A wife stealeth the goods of her husband and delivereth them to another that knoweth thereof it is larceny in neither Lam. 282. Dal. 272. Goods stollen by an infant under 12. a lunatick during his lunacy a mad-man and deaf and dumb Lam. 282. Vide Dal. 273. Riding away with a lent horse Dal. 264. A clothier delivereth Wooll or yarn to his work-folks who embezel or sell part thereof Dal. 264. Goods delivered to another to keep and he consumeth them or converteth them to his own use Dal. 264. Lam. 278. So money or goods delivered to one to deliver to a third person and the first receiver fleeth away with them or converts them to his own use Dal. 264. A servant hath a horse delivered by his Master to ride to market or money to go to a fair to buy cattel or other or to pay to another man and the servant goeth away â—herewith quaere if it be felony by statute Dal. 265. A receiver receiveth his masters rents and goeth away with them Dal. 266. Cro. 50. a. Butcher that gasheth slaughtereth or cuteth the hide of the oxe steer bull or cow whereby it is impaired loseth 20 pence or that watereth any hide except in June July or August or putteth to sail any putrified or rotten hide loseth for every hide 3s 4 d. 1 Jac. 22. Lam. 462. Butcher using the said craft and also the mystery of tanner loseth every day 6 shill 8 pence ibâ—d Tanner using also the mystery of a shoemaker currier butcher or any artificer using the cutting or working of leather loseth the hides and skins tanned ibid. Every person other then such as had a tan-house 29 Martii 1603. and did then occupâ— tanning of leather or hath been taught as aâ— apprentice or hired servant 7 years in thaâ— mystery or hath been wife or son of a tanne brought up in this mystery 4 years or the soâ— or daughter of a tanner or such as hath married the wife or daughter of a tanner havinâ— left to them his tan-house and fats that taâ—â—eth any leather or taketh any profit by taâ—â—ing loseth all the leather tanned by him Lam. 462 463. 1 Jac. 22. None may buy contract for or bespeak anâ— rough hides or calves skins but only tanneâ— or tawers of leather except salt hides for tâ—â— necessary use of ships on pain of 6 shillinâ— 8 pence for every hide 1 Jac. 22. Laâ— 463. None shall forestal any hides coming to fâ—â— or market except of such as kill for the prâ—vision of their house on pain of 6 s. 8 for every hide 1 Jac. 22. None may buy tanned leather nor wrought but such as will convert the same into made wares except necks and shreds of saddlers and girdlers upon loss of all the leather Lam. 463. 1 Jac. c. 22. Tanner suffering any hide to lie in the tanlimes till the same be over-limed or that putteth any hides into the tan fats before the lime be perfectly wrought out of them or useth any thing in tanning but onely Ash-bark Oake-bark Tapwert Malt Meal Lime Culver-dung or Hen-dung or hath suffered his leather to be frozen or to be parched with the fire or summer sun or hath tanned any rotten hides or hath not suffered the hides for outward sole-leather to lie in the woozes twelve months and for the upper sole leather nine months or hath negligently wrought he hides in the woozes or hath not renewed their woozes as oft as was requisite or hath put to sail any tanned leather not wrought according to the statute shall lose the hides or value of them 1 Jac. c. 22. Lam. 463 464. Tanner that raiseth with any mixtures any hides to be converted to backs bend-leather clouting-leather or any other sole-leather except the same be fit and sufficient for that use loseth the hides 1 Jac. c. 22. Lam. 464. Any that putteth to sale exchangeth or otherwise departeth with any tanned leather red and unwrought being in open fair and markeâ— unless it be searched and sealed in some open fair or market or putteth to â—â—â—e any leather not searched and sealed ac-according to the statute loseth for ever hide or piece of leather six shillings eight pence and also for every twelve calves skins or sheep-skins three shillings four pence and also the hides and skins or their value 1 Jac. c. 22. Lamb. 464. Tanner putting to sale any leather insufficient or not throughly wrought and tanned or not well and throughly dried and the same so found by the triers appointed 1 Jac. c. 22. loseth so much as is insufficient Lam. 464. He that setteth his fats in tan-hills or other places where the woozes or leather to be tanned in the same may take any unkind heats or hath put any leather into warm woozes or hath tanned with warm or hot woozes forfeiteth ten pound and is to stand in the Pillory three market-daies 1 Jac. cap. 22. Lam. 464. Felling oaks meet to be barked where bark is worth two shillings a load above the charges of barking and pilling timber for necessary buildings and reparations of ships houses or mills excepted but between the first of April and the last of June loseth every tree or double the value 1 Jac. c. 22. Lam. 464 465. Currier that currieth any leather but in his own house situate in a corporate
child and the reputed father be run away or is not able to free the Parish whether the Master may be enforced to provide for her till she be delivered and for a month after Resol If the Master hath legally discharged his house of such a servant he is no more bound to provide for her then any other 14 Q. In case a Parish consist part of ancient Demesn and part of Guildable an Assise is made for the relief of the maimed Souldiers the Gaol c. according to the stat 24 Eliz. c. 2. whether the tenants in ancient Demesn shall contribute with the Guildable for the paiment of the Assise Resol The Statute doth not distinguish between the ancient Demesn and the Guildable in these cases ubi lex non distinguit ibi nec nos distinguimus 15 Q. Whether an Indictment of forcible detainer be within the Statute of 1 Iac. cap. 5. not to be removed by Certiorari unless the party indicted first finde sureties according to that Statute and whether the party indicted be to be bound in his absence to prosecute according to that Statute and whether an indictment of forcible entry c. found at a private Sessions be to be removed by Certiorari without sureties according to that Statute Resol This is fittest to be left unto the Court of Kings-Bench to whose Commission and jurisdiction this is most proper 16 Q. If one be convicted upon the Statute of 3 Car. R. cap. 13. for driving of Cattel on the Sunday through several Parishes whether he forfeit 20 shill to every of the said Parishes or onely to one if to one then to which of them Resol This Statute giveth the forfeiture but to one 20 shill for one Sabbath day Although the driving of that day be through divers Parishes Therefore where the action is first attached and the distress first taken that Parish shall have the benefit of the forfeiture and not the other 17 Q. If one who is under the age of 30 years and brought up in husbandry or a maid-servant or brought up in any of the Arts or trades mentioned in the Statute of 5 Eliz. cap. 4. and not enabled according to that Statute to live at his or her own hand shall be warned by two Justices of the P. to put him or her self in service by a day prescribed by them and shall not do the same accordingly but shall after continue living at his or her own hand what course shall be taken with such a person and how punished Resol Such persons being out of service and not having visible means of their own to maintain themselves without their labour and refusing to serve as an hired servant by the year may be bound over to the next Sessions or Assises and to be of the good behaviour in the mean time or may be sent to the house of Correction 18 Q. Whether the tax for the relief of the poor upon the Stat. of 43 Eliz. shall be made by ability or occupation of lands or both or whether the visible ability in the Parish where he lives or general ability wheresoever whether his rent received within the Parish where he lives shall be accompted visible ability and whether he shall be taxed of them only and for any Rents received from other Parishioners and what shall be said visible ability Resol The land within each Parish is to be taxed to the charges in the first place equally and indifferently but there may be an addition for the personal visible ability of the Parishioner within that Parish according to good discretion wherein if there be any mistaking the Sessions c. or the Justice must judge between them 19 Q. Whether shops salt-pits sheds profits of a Market c. be taxable to the poor as well as lands Cole-mines c. expressed in the Statute 43 Eliz. Resol All things which are real and a yearly revenue must be taxed to the poor 20 Q. Whether the tax for the County stock Gaol and house of Correction is to be made by the Stat. of 14 Eliz-ca 43. by ability and upon the inhabitants of the Parish only or upon them or the occupiers of lands dwelling in that Parish or whether such as occupy lands in that Parish and dwell in another Parish shall be taxed Resol If the Statute in particular cases give no special direction it is good discretion to go according to the rate of taxation for the poor but when the Statutes themselves give directions follow that 21 Q. Whether any taxes ought to be made for the charges that pety-Constables and Borshoulders are at in conveying rogues from Parish to Parish and relieving them and how to be rated Resol It is fit to relieve the Constable and Tithing-men in such sort as it hath been used in the several places where they live 22 Q. Whether a Justice of Peace may discharge a servant being with child from her service allowing that as a reasonable cause that she is thereby made unable to do the service which otherwise she might have done and if he may discharge her whether that Parish shall provide for her till her delivery if she cannot provide for her self and so also if her time be expired before her delivery who shall provide for her after her time ended Resol If a woman being with child procure her self to be retained with a master who knoweth nothing thereof it is a good cause to discharge her from his service And if she be begotten with child during her service it is all one but the Master in neither case must turn away such a servant of his own authority But if her term be ended or she lawfully discharged the Master is not bound to provide for her but it is a misfortune faln upon the Parish which they must bear as in other cases of casual impotency 23 Q. Whether being delivered of a bastard child in one Parish and goeth into another with her child and becomes vagrant and so is sent to the place of her birth her bastard child being under the age of seven years shall be setled with the mother and there maintained if the mother be not able nor the reputed father known found or whether it shall be sent to the place of its birth or being setled with the mother whether the Parish where it was born shall be ordered by the two next Justices to pay a weekly summe towards the maintenance of it Resol The Bastard child must be placed with the mother so long as it is within the quality or condition of a Nurs-child which shall be till seven years of age and then it is sit to be sent to the place of its birth to be provided for the mother or reputed father not being able And the Parish where the child is born shall not be forced to contribute to the charge as long as the mother lives and the child be under seven years old 24 Q. A man with his wife and children takes an house
Champerty also maintenance conspiracieâ— confederacies giving of liveries other theâ— to menial servants and officers be containeâ— under the word Conventicles Lam. ibid. Conies vide Hunting Corn. Certificate of one Justice of Peace joyneâ— with the Customer of the place of unladinâ— and selling of corn grain or cattel carried bâ— water from one place to another of thâ— Realm unto the Customer and Controller oâ— the place where the same was imbarked iâ— sufficient upon the statute of forestalling 5 Eâ— 6. c. 14. 13 El. c. 25. One having sufficâ—ent corn buying seed without bringing so much as he buyeth to seâ— the same day as the Market goeth losetâ— double 5 Ed. 6. c. 14. Lam. 451. Vide plus Transportation Cutter and carriers away of corâ— Vide Hedge breakers Coroners Coroners ought to certifie their inquisitions at the general Goal-delivery and not at the Sessions 1. 2 P. M. 13. Lam. 395. Coroners being parties to the exigents and Judges of the outlawry ought to be present at the Sessions ibid. Coroners are Conservers of the Peace and may in some cases commit men to prison ib. Coroners may be convicted of offence against the statute of 1 H. 8. c. 7. by examination of witnesses and touching extortion or not executing their offices before a Justice of Peace Cro. 130. b. Lam. 434. Coroners fees vide Fees Cottages Any erecting or converting any dwelling to be used as a cottage for dwelling unless he lay four acres of his own free-hold inheritance lying near to the said cottage to be continually manured therewithall so long as that cottage shall be inhabited forfeiteth ten pounds except in a City corporate or market Town or ancient Borough or being the dwelling-house of workers in minerals coalmineâ— quarries of stone or slate makers of brick tile lime or coal not being above a mile from the works and onely used for the habitation of such workmen or for sailers or men of manual occupation for the making furnishing or victualling of ships and being within a mile of the sea at the side of some navigable river or a cottage for the keeper of forrests chase warren or park or cottage for a common herdsman or shepherd of any town or wherein any poor lame sick aged or impotent person shall dwell or hath been decreed to continue for a dwelling by the Justices of Assise or of the Peace in open Assises or Quarter Sessions 31 El. c. 7. 39 El. cap. 3. 43. El. c. 2. Lam. 476. 35 El. c. 6. for continuing the cottage 40 shill a moneth None to maintain or uphold any cottage not having four acres to it except as before ibid. Owner or occupier of a cottage must not suffer more housholds then one to dwell in a cottage 31 El. c. 7. except it be by order of the Justices at the Quarter Sessions with leave of the Lord of the waste at the charge of the Parish Hundred or County 39 El. c. 3. 43 El. c. 2. Lam. 611. Offences against the stat of cottages and in mates are to be heard and determined at the Quarter Sessions 31 El. c. 7. Lam. 614. and a decree may be made at the Quarter Sessions for continuance of a cottage that hath not four acres of land ibid. A Decree may be made at the Quarter Sessions for the continuance of a cottage that hath not four acres of land And the Justices may enquire hear and determine of cottages and inmates against the statute of 31 El. c. 7. Lam. 614. County A Justice of Peace in one County pursuing a selon into another County where he is taken he shall be committed to the Goal of the County where he was taken Dal. 297 298. Cozeners and Cozenage Any falsly and deceitfully getting into his possession money or goods of other mens by colour of false privy tokens of counterfeit letters and convicted thereof at the Quarter Sessions by examination of witnesses shall suffer any corporal punishment except death 33 H. 8. c. 1. Cro. 83. a. 130. b. Dal. 48. Lam. 442 535 569 690. Two Justices of Peace one being of the Quorum may bind over to the next Sessions any such suspected person or may imprison or bail them until the next general Sessions Dal. 48. One Justice of Peace as it seemeth may binds Cheaters to their good behaviour so to the Assises or Sessions or send them to the house of Correction Dal. 48. Crosses vide Agnus Dei Cross-bows and Hand-guns Every person may attach an offender against the statute 33 H. 8. c. 6. and carry him to the next Justice of Peace in the same County Dal. 65. The Justice upon due consideration may send the offender to the Goal till he have paid the penalty of the statute of 33 H. 8. c. 6. sâ— 10. li. The particulars of the said Statute 1. None under an 100 pounds per annum may shoot in or keep gun dag pistol cross-bow or stone-bow 2. No person may shoot in carry keep use or have any gun under three quarters of a yard in length if it be shorter every one having an 100 pounds per annum may seize the gun must break it or lose 40 shillings if he break it not within twenty daies Lam. 296. 480. but may keep the cross-bow or stone-bow Dal. 65. 3. No person not having an 100 pounds per annum may carry in his journy any gun charged or bow bent but onely in time and service of war or going to the musters 4. None may shoot in a gun near to a market-Town but in defence of his house or person or at a But. 5. The master may not command the servant to shoot except at a But or Bank of earth or in warre Exceptions out of the Statute 1. Shooting at a But or Bank of earth by serving-men whose masters are inabled by statute 2. Inhabitants of market Towns 3. Dwellers alone or near the Sea-side 4. Gun makers or Gun-sellers 5. Those that have placards may shoot according to their placards Dal. 65 66. Any under the value of 100 pounds per annum licensed to shoot in Cross-bow or Hand-gun is to present his name to the next Justice by him to be presented and recorded at the next Quarter Sessions or else the Justice to lose 20 shillings 2 Ed. 6. c. 14 Lam. 301. Quaere if this be now in use Any licensed at Quarter-Sessions to shoot â—n Hand-gun or birding-piece for Hawks-meat is to shoot only at fowl not prohibited â—nd to be bound in 20 li. 1 Jac. c. 27. Any two Justices of Peace may commit to â—he Goal for three moneths any that shoot with gun or bow at any Patridge Phesant house-Dove Mallard or at such fowl or at â—ny Hare 1 Jac. c. 27. If any person not having lands c. of the yearly value of 40 li. or not worth in goods 200 li. shall use any gun bow or cross-bow to kill any Deer or Conies except such person shall have any ground inclosed used for the
discretion and to deliver the party Lam. 574. Fines of Rioters vide Riots Fines of Brewer Baker Tipler vide Assise of Bread Fish Stealers of fish out of ponds and cutters of ponds heads are to be bound to the good behaviour and three moneths imprisonment and to the party grieved his treble damages 5 El. 21. Lam. 446. See 3 Jac. 13. If any cast nets into waters by which the fry of fish may be taken or take Salmons betwixt the nativity of Mary and S. Martin or young Salmons betwixt the midst of April Midsummer one Just may punish them for the first offence by burning their nets and engines for the second by 3 moneths imprisonment for the third by one years imprisonment for any of them by fine at the discretion of the Just 17. R. 2. c. 9. Lam. 190 454 576. Forfeiture upon the stat 3 Jac. c. 12. where any offence is committed in destroying the spawn or brood of sea-fish may be levied by distress sale of the offenders goods by warrant from one Just of P. to the Constables or Church-wardens 3 Jac. c. 12. the forfeiture given is 10 s. the one moiety to the poor c. the other to the person that shall sue for the same He that shall by preaching teaching writing or shall notifie upon open speech that the eating of fish or forbearing of flesh upon any daies now usually observed for fish-daies is for necessity of salvation of souls or is the service of God otherwise then other publick â—aws be shall be punished as spreaders of false news are and ought c. 5 El. c. 5. 1 Iac. c. 29 Lam. 442. Fish-days Any except aged sick with child or licensed eating flesh in Lent or on fish days loseth 20 shill and one moneths imprisonment 5 El. c. 5. 27 El. c. 11. Lamb. 458. 35 Eliz. cap. 7. 1 Iac. c. 29. Taverners Inn-keepers common Tabling-house Tipler or Alehouse keeper offending againg the statutes 5 El. c. 5. 1 Iac. c. 29. for killing dressing and eating of flesh is to lose the flesh and the penalty of 5 El. c. 5. which is 3 pounds 1 Iac. c. 29 Lam. 358. Forfeiture upon the Statute 1 Iac. c. 29 for eating of flesh except such as be taken by the Justices of Peace Majors Bailiffs head officers or Constables are to be equally divided betwixt the King and the Informer 1 Iac. c. 29. expired Licence granted to sick persons to eat flesh on fish daies shall be no warrant for them to eat beef mutton veal pork or bacon 1 Iac. c. 29. expired Butcher or other though licensed killing in Lent to sell any oxe beef hog calf or mutton except three daies next before Easter or oxen or beef for victualling of ships loseth the meat or value 1 Iac. c. 29. expired Justice of Peace or head-officers of corporations or Constables of Towns may in lent search Victuallers houses suspected of dressing flesh and finding any flesh beef hog calf or mutton may seise on it and give it to the poor 1 Jac. c. 29. EXP. Bishop of the Diocess Parson Vicar or Curate of the Parish where one is sick may grant licence for eating of flesh which must be signed with the hand of the Bishop Parson c. and endure no longer then the sickness 5 El. c. 5. Any person granting licence without need loseth five marks and the licence is void ibid. Flax. Forefeiture due to the Informer upon the statute of flax and hemp to be levied by what Process the Justice will 24 H. 8. c. 4. Lam. 584. but 24 H. 8. c. 4. is repealed by 35 El. c. 7. Flesh vide Fish-daies Forein power vide Treason Forein plea vide Trial. Force Every trespass in judgement of law is a force and the action may be quare vi armis Dal. 199. Lam. 141. That which is properly force is either Manu forti or Multitudine Manu forti is violence offered to the person of another by deed or word Dal. 199. By deed as actual violence or to be furnished with offensive weapons not usually born ibid. Any thing which a man taketh in his hand â—o throw it at another may be said to be arâ—our Cro. 74. b. Multitudine where there be two or three â—â— a company or more Dal. 199. Who shall be said to enter with force Forcible entry must be an actual entry Dal. 199. If one or more come weaponed especially with weapons unufally worn violently enâ—er into an house or land Lam. 142. Dal. 199. Much more being entred if he or they offer â—iolence or fear of harm to any in possession â—r drive any out of possession Dal. ibid. Lam. 142. Many come to do a force and one only useth force all are guilty Dal. 204. Lam 143. To enter peaceably and forcibly to put out an other Dal. ibid. Lam. ibid. To enter peaceably and after to offer violence threatnings or fear of harm to one in possession with intent to get him out though beget him not out Dal. ibid. Lam. ibid. Entring peaceably saying they will hold although they die for it Lam. 146 Dal. 200. To enter peaceably with weapons not usually born by them to house open or grounds Dal. ibid. The Master entring with moe servants then usually ibid. A trespass made manu forti or cum multitudine though it be to cut or take way another mans corn grass or goods or fell or crop wood or to do any other trespass though the party be not put out of possession yet it seemeth forcible entry punishable by the statutes but otherwise if the entry be peaceable ye it is disseising with force Lam. 143. Dal. 200 To enter peaceably and after entry by force or violence to cut corn grass wood c. or carry away anothers goods is force Dal. 200. Cro. 70. a. To distrain for rent due or nto due with force doth countervail a force Dal. ibid. Lam. 144. Divers enter where the entry is not lawful and all save one demean themselves peaceably and one only entreth with force or after entry useth force it is forcible entry in all Cro. 22. a. nu 15. 24. b. nu 43. 34. b. nu 1â— Lam. 143. Dal. 217. In all these cases of trespass only the Justice oâ— Peace may as it seemeth remove the force aâ—â— upon view imprison and fine Dal. 200 202. aâ—â— upon view the Justice may instantly commit thâ— offender and record the force Co. l. 8. f. 120. Forcible entry by words To enter peaceably and then to offer bâ— threatning to kill the dissessee if he re-enter Dal. 200. What is not force To enter by fair means his entry being law ful and perswade them within to come ouâ— and the door being open or shut by the latch to enter without multitude or offensivâ— weapons or other violence Dal. 201. To enter peaceably and quietly gettinâ— other out and quietly to hold it Dal. ibid. To enter peaceably into a house and findâ—ng armour or weapons
wife father mother or master Dal. 184. 3. Father or mother in defence of the child within age Dal. ibid. 4. In defence of my goods or my land Dal. ibid. 5 An heir or feoffee may keep possession by force if they and their ancestors or feoffors or they whose estate they have have been in peaceable possession three years Dal. 210 In these cases he that attempteth may be disturbed and if he attempt to assault or lame me I may beat him again as well in defence of my person as possessions but not kill him Dal. ibid. If one will take my goods I must first lay my hands on him and disturb him if he will not desist I may beat him Dal. 185. What Justices of Peace are to doe in forcible entry or detainer Every Justice upon complaint or notice given ought at the cost of the party grieved to â—o execution viz. 1. He must go to the place Dal. 57. Lam. 147. 2. Take sufficient power of the County or of the Town and the Sheriff also if need be â—s well to arrest offenders as also for remoâ—ing of the force and for conveying them to â—he Goal Dal. ibid. Lam. ibid. Whosoever of that County shall refuse to give his attendance and assist the Justice shall be imprisoned and make fine Dal. 56. 15 R. 2. c. 2. 3. Arrest and remove all offenders and take â—heir weapons and prize them for the King Dal. ibid. If the doors be shut and entrance denied â—e may break open the house Dal. 57. Quaere The Justice cannot arrest or remove them The finde no force except by enquiry Dal. ib. 4. The Justice ought to make a record of â—he force and either keep it by him or indent â— and certifie one part either into the Kings â—ench or to the Clark of the Peace and keep â—he other Dal. ibid. One Justice of Peace upon his own view of forcible detainer may record the sâ—me by 15. R. 2. c. 2. Cro. 61. l. nu 9. The Justice or Justices recording a force upon his or their view may not put the party put out into possession but must first enquire by a Jury and the force being found put the party outed into possession Dal. 59. The record of the Justice is a sufficient conviction of the offender and is not traversable ibid. 5. The Justice ought to commit immediately to the next Goal those which he findeth continuing the force until they pay their fine ibid. 115. or forfeit an 100 pounds ibid. But such force must be in the presence or view of the Justice 6. The Justices or some of them that see the force are the proper Judges of that offence and may assess the fine but it must be upon every one severally Dal. 115. and is to be stâ—eated into the Exchequer upon which assessing and estreating the party is to be delivered Dal. 58. Lam. 159. And so upon paiment of the fine to the Justice or recognizance for paiment Dal. 58. vide Lam. 159. Quaere for the Sheriff is accountable for all fines and Lamb. adviseth to refer it over to the Kings Bench Lam. 159. Or the Justice may record the force commit the offenders and certifie the record to the Justices of Assize or to the Sessions and there the offenders be fined Dal. 58. But ought more properly to be assessed by them that record the force Dal. 91. and to be of value Or the Justice may certifie the record into the Kings Bench refer the fine thither Dal. 58. which Lambert thinketh the best course Lam. 159. The fines must be reasonable secund â—â— quantitatem qualitatem delicti Lam. 577. 7. The force ought to be inquired of in â—ome good place or town neer where the â—orce was Da. 58. and that within a moneth â—f it be a riot Dal. 115. One Justice may enâ—uire Dal. 58. Enquiry may be though the offenders be â—ot present or though the Justice go not to â—ee the place where the force is Dal. 58 Lamâ—ert 152. Without enquiry there can be no restituâ—on Dal. 59. Cro. 161. b. 164. a. Upon enquiry making the Justice must diâ—ect his precept to the Sheriff to summon â—4 of 40 shill a year land per annum Dal. â—13 vid. the form Cro. 132. b. Dal. 400. If the Sheriff do not duely execute the Justices precept for the returning of a Jury he forfeiteth 10. li. 8. H. 6. c. 9. Dal. 58. Upon default the Justice may award an â—lias and pluries infinite till they come The Sheriff at the day of the second preâ—ept must return 40 shill in issues upon every â—ne at the third Writ 5 pound and at every â—ay after the double 8 H. 6. c. 9. If any Jurour have not 40 shillings land â—et the enditement is good for the King Quare if there shall be restitution Lam. 152. Dalton 213. Returning of smaller issues then the statute â—indreth not the inquiry Dal. ibid. Lam. ibid. 8. Upon enquiry the Justice may make reâ—itution wherein the Justice needeth not to â—xamine the title Dal. 214. Lam. 156. No restitution before inquisition ibid Cro. â—61 b. 164. a. Dal. 214. In the inditement not onely the entry but also the putting out must be and adhuc extra tenent Lam. 153. for lack of these words no restitution can be made Dal. 214. Cromp. 163 b. Lam. 153. The inditement must be good both in matter and form Dal. 215. the words manis forâ—i or cum multitudine are necessary ibid. The inditement must express the quality of the thing whether messuage cottage c. tenementum may extend to either and so incertain Dal. 214. If restitution be made by a Justice upon an insufficient enditement the Kings Bench will restore the other Dal 215. Cro. 162. a. If errour be in the enditement any two oâ— these Justices which were at the taking of the enditement upon prayer of the party may grant a supersedeas to stay restitution if restitution be not made Dal. 215. Cro. 165. a. But no Justice not present can grant a supersedeas ibid. The Justice may make restitution or give warrant to the sheriff or certifie into the Kings Bench and leave the award of restitution to that Court Dal. 216. Lam. 156. None can grant restitution but they before whom the force was found Dal. 216. except the Kings Bench. None can personally restore the party but he that took the enquiry Dal. 216. And that by precept to the Sheriff Lam. 158. After enquiry the Justice of Peace may break into the house by force and put the ejected into possession Dal. 59. If restitution be made without enquiry it is punishable in the star-chamber Dal. 45. Restitution must only be made to him that was put out Dal. 159 213. Lam. 153. Restitution is to be made only of house and and Dal. 214. but not of rent common or â—dvowson Dal. 59. Restitution may be made notwithstanding â— traverse Dal. 60. but upon tender of traverse the safest way for the Justice
El. 25. Lam. 336. EXP. Accountant for mony levied for the goal to build it goeth into another County the Justices of Peace where the goal is may send an attachment for him unto another shire 23 H. 8. c. 2. 25 H. 8. c. 5. 5 El. c. 24. Lam. 525. EXP. Goaler suffereth a prisoner to go abroad out of his sight and he returneth not again it is an escape Cro. 39. b. nu 5. Goaler refuseth to receive one arrested for felony the Town must keep him till the Goal delivery Dal. 348. 349. Cro. 172. a. but the Goaler denying to receive such shall be punished by the Justices of Goal-delivery ibid. Goaler shall take no sees of any servant carpenter mason nor other labourer committed for refusing to serve on pain of 10 li. to the King and 100 shill to the party 34. F. 3. c. 9. Cro. 185. a b. Glass-men Glass-men of honest life may travel without begging within the County by licence of three Justices under their hands and seals one being of the Quorum 39 Eâ— c. 4. but by 1 Jac. c. 7. they are made rogues and so to be punished Goldsmith Goldsmith or worker of gold must work a fine silver or gold in allay as the sterling and set his mark on it or forfeit the double value 2 Hen. 6. c. 14. Lam. 467. None to gild any thing or any mettal but silver except spurs of Knights and appare's of Barons or above upon pain of ten times the value and a years imprisonment 8. H. 5. c. 3. Lam. 467. Good abearing Good abearing may be granted upon discretion and that by one Justice out of the Sessions yet better not to command it but upon special cause seen to themselves or upon suit of others and those very honest and seldome for one cause alone and not by one Justice only Lam. 120. Dal. 101. Good behaviour may be granted by special Writ out of the Chancery Custodibits pacis vice comiti eorum cuilibet upon the statute of 34 Ed. 3. 1. Lam. 117. Dal. 192. For what causes it is grantable Dalt 192. 1. Against common barrettors quarrelers and disturbers of the Peace 2. Rioters 3. Liers in wait to rob 4. Generally feared or suspected to be robbers by the High-way 5. Such as are likely to commit murder homicide or other grievances to the Kings subjects in their bodies 6. Such as shall practise to poison another 7. Against all such as be of evil name or fame generally but especially against such as are defamed in these particulars 1 Those that haunt bawdy-houses 2. Suspected to keep houses of common bawdery 3. Common whoremongers and common whores 4. Night-walkers that be suspected to be pilferers 5. Evesdroppers that cast mens carts and gates into ponds and such like misdemeaners in the night such as live idly yet fare well and go well clad having little to live on except upon examination they give good account of such their living 6. Common haunters of Alehouses or Taverns having small means to live on 7. Drunkards twice convicted 8. Messengers of thieves 9. Such as make false hue and cry 10. Cheaters and Couzeners 11. Libellers 12. The putative father of a bastard 13. Unlawful hunters in Parks after examination taken 14. Abusing of officers in executing their office as a Justice of Peace Constable or other officer of the Peace as a Justice seeth a man break the Peace and doth charge him to keep the Peace who answereth he will not Words of contempt against a Justice of Peace though he be not executing his office 15. Abusing a Justice of Peace his warrant 16. He that complaineth of riot or force and the Justices being assembled for enquiry will not prosecute 17. He that chargeth one with felony before a Justice and will not prosecute 18. Abusing of a Supersedeas of the Peace to a wrong end By divers Statutes 1. Disturbers of Preachers 1 M. c. 3. 2. Destroyers of fish-ponds or stealers of fish after lawful conviction 5 El. c. 21. 3. Takers of hawks or hawks eggs out of other mens grounds after a lawful conviction 5 El. c. 21. 4. Steelers hunters or killers of Deer or Cony in Park or Warren after a lawful conviction 3 Jac. c. 13. All these must be bound at the Sessions 5. Popish recusants must be bound in the King Bench 23 El. c. 1. 6. One pardoned for felony is to be bound before the Sheriff and Coroners 10 Ed. 3. c. 3. 7. Disturbers of the execution of the statute for rogues 39 El. c. 4. 8. Disturbers of execution of the statute for the poor 39 El. c. 4. 9. She that hath had twice a bastard 7 Jac. cap. 4. 10. Infected with the plague or having their houses infected and are unruly 1 Jac. c. 31. Greyhounds vide Hunting Guns and Gunners Gunner that departed from his Captain without licence or wandring with a forged licence it is felony Lam. 427. Every person may attach an offender against the statute 33 H. 8. c. 6. and carry him to a Justice of Peace Dal. 65. And the Justice upon examination may send him to the goal till the penalty be paid The particulars of the Stat. 33 Hen. 8. None under 100 pound per annum may shoot in or keep a gun dag pistol cros-bow or stone-bow None may have or use any gun under three quarters of a yard in length One of 100 pound per annum may take such gun from the offender or any cros-bow or stone-bow may keep the bow but must break the gun None may travel with a gun charged or bow bent but in time of service and to the musters except he have 100 pound per annum Dal. 65. None may shoot in a gun near a Market-Town but in defence of his house or person or at a But. The master may not command his servant to shoot except at a But or in War 1. Except Serving-men whose masters are enabled at a But. 2. Inhabitant of Market-town 3. Persons dwelling alone or near the Sea within five miles 4. Gun-makers 5. Those that have Placards All persons which shoot in guns other then such as have 100 pound per annum ought to present their names to the next Justice of P. and the Clark of the Peace should record it Dal. 66. maketh quaere if it be in use The Sheriff or any of his officers may carry guns dags or other weapons offensive or defensive for the execution of their office notwithstanding the statute of 33 Hen. Câ—k 5 72. Dal. 66. Any two Justices may commit for three months such as shoot with gun or bow at any partridge phesant house-dove mallard or any fowl or at any hare unless he pay 20 shillings 1 Jac. c. 27. Dal. 66. Vide Hunting Partridges Hares IF any have traced killed or destroyed any Hare in the snow he loseth 6 shill 8 pence for each Hare 14 H. 8. c. 10. Lam. 447. Buying selling of Hares vide Partridges See that Sâ—at 1 Jac. c.
be resiant within the County â—here he is Justice of the Quorum 2 H. 5. c. â— Cro. 122. a. nu 34. Justice of Peace was put out of Commisâ—ion in Camera Stellata for that he refused to â—ake surety of the peace of one that came â—efore him who offered to find surety of the peace for that the Justice which granted the warrant was not his friend and thereupon would not go before him to be bound Cro. Jurisd of Courts 31. b. One Just of Peace upon his view of forcible detainer may record the same by 15 R. 2. c. 2. but in case of Riot or Rout c. there must be two Justices of Peace with the Sheriff or Under Sheriff 13 H. 4. c. 7. Cro. 61. b. nu 9. Justice of Peace commandeth one upon pain of 10 li. by his precept to be at the next Quarter Sessions and he appeareth not No Scire facias shall go forth more then iâ— there had been a Subpoena but it seemeth that he shall be attached to be at the next Sessions upon an accompt Cro. 123 a. nu 9. An affray is made within a Corporate Town whilest the Sessions be held there â— and that Town hath Justices within it self â— the Justices of Peace shall not intermedlâ— there but otherwise it is at the Assizes Cro. 146. b. Laboures and Servants ONe Justice of Peace may cause all artificers and other persons meet to labouâ— by his discretion to work by the day in haâ— and corn-harvest time or imprison the refusers in the stocks for two daies and one night 5 El. c. 4. Dal. 77. Lam. 475. The Constable refusing to stock them loseth 40. shill One Justice of Peace under his hand and â—eal may licence labourers in hay and harâ—est time to go into another country to work Dal. ibid. One Justice of Peace upon complaint may â—ompel meet persons to be bound as apprenâ—ices to husbandry or any other art c. and â—or refusal commit them to ward there to remain untill they be bound to serve according â—o the statute Dal. 77. 5 El. c. 4. One Justice of Peace may take order beâ—wixt the master and apprentice for want of â—onformity in the master bind him over to â—he Q. Sessions where four Justices one being of the Quorum may discharge the apprenâ—ice and if fault be in the apprentice inflict â—ue correction Dal. 78. but if the first Justice find fault in the apprentice quaere if he may â—y 7 Jac. c. 4. send him to the house of Corâ—ection as an idle disorderly person Dal. 78. One Justice of Peace may allow of the cause of putting away of a servant or of his deparâ—ure within his term Dal. 79. 5 Eliz. c. 4. But an apprentice must be discharged by four Justices of Peace in open Sessions ibid. One Justice of Peace may command vagrant persons to prison if they will not serve Dal. 81. One Justice of Peace may make his Warâ—ant to attach a servant departing to be at â—he Sessions or may send him to the house of Correction Dal. 78. Two Justices of Peace upon complaint that â— servant departed before the end of his term â— except 1. cause be allowed by one Justice of Peace or 2. at the end of his term without one quarters warning before two witnesses or 3. hath refused to serve for the wages appointed by proclamation according to the statute or 4. hath promised to serve accordingly and doth not may examine the matter and may commit without bail such faulty person till he be bound to serve and continue and then he is to be discharged without see to the Goaler Dal. 79. Lam. 330. Two Iustices of the Peace may imprison the master for 10 daies without bail and the servant for 21 daies that giveth or taketh greater wages then are allowed by stat Dal. 80. Lam. 330. and the master loseth 5 li. 5 El. c. â— All retainer promise or paiment of wages or any other thing contrary to statute and every writing and bond for the purpose is void 5. El. c. 4. Dal. 79. Two Iustices of Peace may imprison for a year or less any servant workman or labourer that doth make assault or affray upon his master or any that hath the charge or oversight of them or of the work being proveâ— by the confession of the party or oath of two Dal. 79. Or the Iustices at the Sessions may inflict other punishment One Iustice may binde the offender to the good behaviour and so to the next Sessions Dal. 79. Lam. 330. 473. Two Iustices may compel any woman of the age of 12 and under 40 being unmarried to serve by the year week or day for such wages as they shall think meet or commit her to ward till she be bound Dal. 80. Lam. 330 331. The retainer of any to serve in the arts of â—loathing Wooll-weaver Tucker Fuller Cloath-worker Sheerman Dier Hosier Tailer Shoomaker Tanner Pewterer Baker Brewer Glover Cutler Smith Farrier Curâ—ier Sadler Spurrier Turner Capper Hatmaker Felt-maker Bowyer Fletcher Arrowâ—ead-maker Butcher Cook or Miller for â—ess then a year is void 5 El. c. 4. Lam. 473. Dal. 79. No person shall interupt deny let or disturb any free or rough Mason Carpenter Bricklayer Plaisterer Joyner Hard-hewer Sawyer Tiler Pavier Glasier Lime-burner Brick-maker Tile-maker Plumber or Labourers born in the Realm or any Denizon to work in any of the said crafts in any City Borough or Town Coporate with any that will retain him or them though they do not inhabit or be free there upon pain of 5 pound the one moiety to the King the other to the informer 5 Ed. 6. c. 15. Any unmarried or under thirty years and married are compellable to serve in any of the said arts or to be imprisoned untill they will serve 5 El. c. 4. upon request of any person using the said trades except the person be lawfully retained with some other or have 40 shillings per annum in lands or 40 pound in goods or some farm in tillage Lam. 473. Dal. 79. None retained in husbandry to depart at his time into any other limit town or parish without testimonial on pain of 21 daies imprisoment and to be whipped if then he brings none and receiver of such loseth 5 li. Lam. 474. Dal. 85. Labourers not working so many hours as they ought lose 1 d. an hour Lam. 474. 5 El. c. 4. Servant falling sick or non potens corpore the master may put him away nor abate his wages Dal. 84. Any taking work by great and departing unlawfully before the work be finished loseth 5 li. and is to be imprisoned for a moneth Lam. 474. 5 El. c. 4. Any taking an apprentice contrary to order of law or exercising an art not being apprentice therein 7 years loseth 10 li. 5 E. â— 4. Lam. 475. Cro. 83. a. Servant departing into another shire is indicted for it in the County whence he departed the Justices of Peace may award a Capias to the
39 El. c. 17. Lam. 303. Vide Felony by Statute Market-overt He that is owner c. of any fair or market where horses geldings mares or foles are to be sold and doth not yearly assign one open place where the said horses c. shall be sold and one to take Toll who shall continue there from 10 in the morning until sun-set forfeiteth 40 shil for every day 2 3 P. M. c. 4. Cro. 91. a. Lam. 471. To alter the property of any stranger righâ— in horses and all other goods they are to â— sold in such a place or shop as is commonly used for selling goods of the same kinde Dal. 74. Sale in fair or market doth not take away â—he owners property the buyer knowing that â—t was anothers Dal. 74. Vide Horses Marriage If any married person marrieth another â—he former wife or husband being alive â—xcept the husband or wife have been beâ—ond the seas seven years together or hath â—een absent within the Kings Dominions â—even years together the one not knowing â—he other to be alive or was at such marâ—iage lawfully divorced or the former marâ—iage by sentence Ecclesiastical declared to â—e void or was had within years of conâ—ent it is felony 1 Jac. 11. Lam. 421. Dal. 289. Cro. 52. a. without corruption of â—loud loss of dower or dis-inheriting any â—eir Mass To sing Mass forfeiteth 200 marks and â— years imprisonment To hear it forfeiteth â—00 marks and like imprisonment 23 El. c. â—am 413. For the discovery of any who hath been â— Mass vâ—de Jesuites Master v. Servant and Labourers Measure vide Weight Messages false Two Justices of Peace one being of the Quorum may as it seemeth bind over to the next Q. Sessions any suspected of getting money or other thing by false tokens or counterfeited letters or may imprison such or bail them to the next Q. Sessions Dal. 47. 33 H. 8. c. 1. Vide plus Cozenage Milch-Kine vide Calves Minstrels vide Rogues Misprision Misprision is properly where one knowetâ— that another hath committed treason or felony but was not consenting thereto and wiâ—â— not discover the offender to the King or hiâ— Councel or to some magistrate but concealâ— the offence Dal. 234. Stam. 37. Terms â—â— Law 131. A Chaplain fixed an old seal to a new Patent of non residency it was holden misprision of Treason Terms of Law ibid. Dal. 229 Knowing money to be counterfeit anâ— bringing it out of Ireland into England anâ— uttering it in paiment is misprison of treâ—son Terms of Law ibid. Cro. 44. b. Stamf. 3â— 3 H. 7. 10. For misprision of felony he shall onely bâ— fined Dal. 234. Terms of Law ibid. Cro. 44. â— Misprison of Treason To draw a sword or strike a Justice sittiâ—â— in place of Judgement Dal. 231. To strike a Jurior in presence of the Juâ—â—ice sitting in place of Judgement Dal. ibid. To strike one in Westminster-Hall any of â—he Kings Courts sitting Dal. ibid. In all which cases the offender shall lose his â—ight hand and shall have judgement as in misâ—rision of Treason Dal. 234. A stranger rescuing one arrested by a Juâ—ice upon an affray sitting in place of Juâ—â—ice whereby he escapeth it is misprision â—f Treason Dal. 231. For offenders in high Treason misprision â—f Treason Praemunire though Justice of â—eace cannot meddle in the very point of â—he offence yet upon complaint to a Justice â—f â—eace or other knowledge he ought to â—ause the party to be apprehended and joynâ—ng with some other Justice of Peace to take â—he offenders examination and information â—pon oath of such as bring them or other that â—an prove any thing material and put it in â—riting under the hands of the informers â—nd commit the offenders to Goal and â—ind over those which prove any thing maâ—â—rial to appear before the Lords of the Counâ—el or elsewhere to give evidence upon reaâ—onable warning and to certifie their doings â—â— some of the Lords of the Councel or elseâ—here Dal. 23â— Willingly to aid and maintain or knowing â—ch as have absolved perswaded or withâ—rawn any within the Kings dominions from â—eir obedience or Relâ—gion now established â—r the Romish Religion or moved them to â—ield obedience to any other estate or â—ractised to do any of them and doth not within 20 daies disclose it to some Justice of the Peace or higher officer it is misprision of treason 23 El. c. 1. Lam. 412. Within six weeks after any Bull or other instrument of reconciliation hath been offered not to reveal it to some of the privy Councel or Presidents of the North or Wales is misprison of treason 23 El. cap. 1 Lam. 413. Misprision of Felony He that seeth one killed by another or robed or any other felony committed and is not of their confederacy and doth not make resistance or disturb the felon or levy hue and cry but conceal the same it is misprision of felony and fineable 14 H. 7. c. 31 Cro. 44. Dal. 296. A man foreknoweth of a felony to be done and concealeth it it is effected it is misprision of felony quaere Cro. 41. b. nu 5. Dal. 298. Every treason or felony doth include misprision so that where any hath committed treason or felony the King may cause the offender to be indicted and arraigned but of misprision Cro. 44. b. Dal. 234. Stamf. 37. d. Mitigation of fines and forfeitures vide Lamb 577. Mittimus Mittimus must contain the names of the parties their offences and time of impisonment that it may appear whether the prisoner be bailable or not Lam. 297. Cro. 153. a. nu 11. Dal. 315 396. If one be committed without bail or mainprise and the cause is expressed in the Mittitimus and yet is bailable other Justices of â—he Peace may bail him yet Quaere seeing their authority is equal Dal. 315. The form of the Miâ—timus To send felons to the Goal Lam. 220. Dal. 494. To send rioters to the Goal Lam. 321 To send shooters in peeces Lam. 297. Dal. 398. To send upon forcible entry c. Lam. 150. To send to the house of Correction Dal. 396. To send an Ale-seller without licence Dal. 387. To send a reputed father of a bastard Dal. 392. Monasteries v. Religious houses Mortuaries Spiritual person not to take mortuaries or any thing for them where they have not been used to be payed or where the goods of the dead are under ten marks taking above 3 shill 4 pence where the goods are under 30 pound or above 6 shill 8 pence where they are above 30 pound and under 40 li. or above ten shill where they are above 40 li. he shall forfeit all taken above his due and 40 shill to the party grieved 21 H. 8. c. 6. Lam. 435 436. Multiplication of gold and silver To practise the art of multiplication of gold and silver is felony 5 H. 4. c. 4 Lam. 227 425. Murder Murder is when one man upon malice pretended prepensed or precedent doth kill another
upon the statute â— perjury to be awarded by the J. of the P. â—â—â—ore whom the conviction was Lam. 585. Committing of perjury upon answer to â—ill of complaint is not within the statute â— 5 Eliz. but for a false deposition upon examination upon interrogatories Crom. 18. b. nu 3. If any give false evidence upon a bill of endictment at the Sessions it is held he shall not be punished by the statute of 5 Eliz. fâ—â— that the King is not named in the said stat Cro. 18. b. nu 5. If an officer take other fees then are allowed and incident to his office he commâ—tteth perjury Cro. 57. b. nu 7. A man is attainted of perjury the Kinâ— pardons and restores him Quaere if his testimony shall be allowed against a prisoner for Once forsworn ever forlorn Cro. 100. â— Dal. 305. Petty-treason The wilful killing or joyning in killing oâ— the husband by the wife the master or â—â—stresâ— by the servant the Ordinary by hâ— clark is petty-treason 25 E. 3. c. 2. Lam. 24â— 246. Dal. 236. Cro. 19. b. nu 1. The child maliciously killeth the father â— mother it is petty-treason though the fathâ—â— or mother at the same time give neithâ—â— meat drink nor wages to the said chilâ— but it is petty treason in the said child in â—â—spect of the duty of nature violated Dal. 23 Cro. 19. b. But Lam. saith it is not treason â— the child if the father give it not meat nâ— drink as to a servant Lam. 245. and do thâ— business for it is as a servant 21 E. 3. 17. â—â— formeistre by Lam. opinion The son or daughter in lâ—w kill the fathâ—â— or mother in law with whom they dweâ—â— and do service and have meat and drink â—â— petty treason though such child take no â—ages but the inditement shall be by the â—ame of servant Dal. 237. Judgement in petty-treason is a man is to â—e drawn and hanged if a woman both in â—igh treason and petty-treason to be drawn â—nd burned Lam. 570. Dal. 237. The forfeiture for petty-treason is the King â—â—all have all his goods and for his lands â—nnum diem vastum and the escheat â—â—ereof shall be to every lord of his proper â—e Dal. 238. No clergy is allowed in case of petty-treaâ—â—â— Dal. 237. Pewter vide Brass Physician One neither Physician nor Chirurgion taâ—eth upon him to cure a sick or wounded â—an who dieth under his hand it was felony â—ntil 34 H. 8. c. 8. Lam. 240. Dal. 243. But if a smith or other having skill onely â— curing and dressing dâ—seases of horses or oâ—er cattel shall take upon him cutting or letâ—ng blood or such like cure of a man â—ho dieth thereof it seemeth to be felony â—al 243. Pictures brought from Rome vide Agnus Dei Plays and Players vide Unlawful games vide Rogues Head-officers and Justices of Peace in a corporation or in a priviledged place or two of them may set a weekly tax on the inhabitants of the corporation or priviledged place or liberties thereof for the reasonable relief of persons infected or dwelling is houses infected within the said corporation or priviledged place 1 Jac. cap. 31. Lam. 337. Corporation or priviledged place not being able to relieve the persons infected therein upon certificate of the head officer or Justices of Peace or two of them to the two nexâ— Just of the Peace the said two Justices may assess and tax the inhabitants of the county within 5 miles of the corporation at a weekly tax for the relief of them 1 Jac. c. 31. Lam. 337. There being no Justice of Peace in the corporation or the infection being in a hamlet the two next Justices of the county may assess the inhabitants of the county within five miles of the place infected for thâ— reasonable relief thereof 1 Iac. c. 31. Lam. 338. The taxes upon refusal to be raised by warrant of the head-officers or Justices upon the goods of the refuser or upon defaulâ— of goods returned the party by anotheâ— warrant to be imprisoned till he make payment thereof with the arrerages 1 Jac cap. 31. Taxes made for the relief of places infected are to be certified at the next Q. Sessions anâ— there to be continued enlarged or extendeâ— to other parts of the County or determineâ— â—â— the greater part of the Justices 1 Iac. c. 31. â—am 609. Taxes levied of the county for the relief of â—â— infected corporation are to be disposed by â—e head-officer and Justices of the corporaâ—on or two of them and if there be no Juâ—ce then by the Justices assessors 1 Iac. â— p. 31. Officers negligent in levying of the taxes â—se ten shillings to be employed as the taxes â— Iac. c. 31. Watchmen not to be impeached for hurtâ—g those infectious persons that being comâ—anded to keep in will in offering to come â—rth resist the watchmen 1 Iac. c. 31. Any infectious person commanded to keep â—â— goeth abroad and keepeth company haâ—ing an infectious sore uncured it is felony â—ithout corruption of blood or forfeiture of â—oods if without sore to be punished as a â—agabond by 39 El. and bound to his good â—ehaviour for a year 1 Iac. c. 31. Officers of a corporation and Justice of the â—eace in the county may respectively apâ—oint swear and direct searchers watchers â—nd buriers of infected persons and places â— Iac. c. 31. Lam. 197. One Justice of Peace may command persons dwelling in infected houses to keep in and if they go abroad violently enforce them 1 Iac. c. 31. Lam. 197. Cro. 122. b. nu 39. Dal. 90. Plaints in Court One Justice of Peace may upon complaint â—xamine the Sheriff or Under Sheriff and Plaintiff concerning the taking and entring of plaints in their County-Court and books against the statute or any Bailiff of the Hundred for not warning the defendant in such a plaint according to his precept from the Sheriff or Under-Sheriff and if he thereby find them faulty that shall stand for a sufficient conviction and attainder without further enquiry or examination and these examination the Justice must certifie into the Exchequer within a quarter of a year on pain of forfeiture of 40 shill for every default 11 H. 7. 15. Lam. 201. Dal. 137. Sheriff entring plaints in any mans name that is not present in Court nor hath any sufficient attorney or deputy loseth 40 shill Lam. 431. So if he enter more plaints then the plaintiff supposeth he hath cause of action for 11. H. 7. c. 15. Lam. 431. Pond and Pond-heads vide Fish Poisoning vide Murder Pope To extol the power of the â—ope by writing cyphering printing preaching or any speech open deed or act advisedly holden or stood with to extol or defend the power of the Bishop of Rome or of his See heretofore claimed and usurped within this Realm or to abet procure counsel aid or comfort such is treâ—son for the second offence for the first offence Praemunire Dal. 231. Lam. 411. â—â— El.
supersedeas if the Sheriff have not made restitution before Dal. 214. Cro. 162. a. If restitution be made by Justices upon an insufficient indictment and it be removed into the Kings Bench the Court will restore the party put out by the Justice of Peace Dal. 215. Cro. 168. a. Causes to stay restitution 1. No restitution upon an Indictment to be made if the party indicted hath had the occupation or been in quiet possession three years together next before the day of the indictment found and his estate not ended which the party may alledge for stay of restitution until it be tried if the other will traverse or deny the same 31 Eliz. cap. 11. Dal. 219. 2. Certiorari 3. A traverse quaere Lam. 158. 4. Insufficiency of the indictment 5. Insufficiency of the Jurors not having 4â— shill land by the year Dal. 218. Lam. 152 Cro 165. b. Quaere Justice of Peace upon indictment found may give restitution as formerly to free-holders to tenants for years by copy of Couâ—â— guardians in Knights-service tenants by Eâ—git stat Merchants or Staple Dal. 207. 21 â—â—â— c. 15. The disseisee outeth the desseisor by forcâ— the desseisor shall be restored Lam. 148. Dâ—â— 217. Upon traverse the Justice may stay resttution Dal. ibid. The disseisee entreth peaceably and keepeth out the disseisor by force the disseisoâ— shall not be restored because the disseisoâ— had the younger title But the disseisee shaâ—â— be imprisoned and fined because he helâ— with force Cro. 162. b. 164. b. Dal. 217. The disseisee entreth quietly upon thâ— disseisor and so abide together divers daies then the disseisee putteth out the disseisoâ— by force the disseisor shall not be restored Dal. 217. Cro. 163. a. b. Wife children and servants do preserve possession but cattel on the ground do not Dal. ibid. Cro. 164. b. Two are in possession by several titles iâ— one house the law judgeth him in possessioâ— who hath the best right to the possession As A. enters wrongfully upon B. and botâ— do continue in the house afterwards F. puâ— out A. with force A. shall not be restored for A. never gained possession by his entry Dal. 217. Cro. 163. b. ' Two are joynt-tenants or tenants in common whereof one forcibly putteth the other out of possession Quaere what a Just of Peace may do therein for that his entry and possession is lawful Dal. 217. Pax regis 39. Restitution of stoln goods He that hath goods stoln if the felon be â—hereof indicted and arraigned and found â—uilty thereof or otherwise attained by reaâ—on of evidence given by the party robbed â—r the owner of the goods or other by their â—rocurement then the goods shall be restored â—â—ough they never made fresh suit Dal. 306. â—â—o 191. a. Lam. 586. And the Justices have power to award writs â— restitution 21 H. 8. c. 11. Lam. 586. Cro. â—1 a. Br. Restitution 22. Dal. 306. Executors shall have restitution after atâ—inder or conviction upon evidence by â—â—eir means given Dal. 306. Three are robbed restitution shall be oneâ—â— to such for whose goods the felon was inâ—â—cted Dal. 306. Cro. 191. a. A felon stealeth from several men is attainâ—d only at the suit of one the King shall â—ave the goods of those at whose suit he was â—ot attainted Dal. 306. There be divers thieves and onely one â—rincipal is attainted the robbed shall have â—â—stitution Dal. 307. If the felon sold the stoln goods in market â—vert or in a fair no restitution except he that bought them were privy to selony ibid Cro. 191. a. No restitution of stolen goods if he know not the felon Dal. 307. No restitution if the felon leaveth thâ— goods and escapeth and the Lord of thâ— Manour seiseth them Dal. 307. If the felon had not the goods in his posseâ—sion when he fled but left them elswhere they are not waived but the owner mâ—â— take them wheresoever he findeth them â—â— 5. 109. Dal. 307. A man had his horse stoln and so he puâ—lished it but knew not who stole it so thâ— he could not indict him c. It seemeth thâ— he shall not have his horse again for it wâ— his folly to publish that it was stoln â—â— he might have demanded it as lost Aâ— when he knew who took his horse might afterwards indict him Cro. 191. b. Return Recognizance taken by the Justice of Peaâ— ex officio ought to be returned at the next â—â— Sessions Lam. 109. Dal. 173. Cro. 139. a. Sâ—plicavit is to be returned into the Coâ— whence it came Lam. 107. Dal. 177. Return of a Recognizance upon a Supplâ—vit is not of necessity till Certiorari Lam. 10 Return of Jurors vide Jurors Vide Recognizance Release Certcate Riots Riot is where three or more persons disorderly assâ—mbled to commit with foâ— any unlawful act and do accordingly execute or attempt the same Lam. 176. Cro. 61. a. nu 2. Dal. 221. Three or more enter into land with force c. where their entry is lawful it is a riot Dal. 226. Cro. 64. a. nu 49. What Assemblies shall not be said a Riot 1. Sheriff or Bailiff levy people to serve the Kings Writs Lam. 178. Dal. 223. 2. Constable gathereth assistance of men with weapons to part an affray Lam. 178. 3. A man threatned to be beaten in his house assembleth company with force otherwise of a threatning to be beat as he goeth to market Lam. 179. Dal. 224. Cro. 64. a. nu 42. 4. Many assemble together and they know not to what end Lam. 179. Cro. 61. b. nu 7. Dal. 222. 5. Many assemble at a Church-ale or at a Christmas dinner and they suddenly fall out and sight Lam. 179. Dalâ— maketh quaere 223. 6. A number of women and children under the age of discretion flock together for their own cause unless moved by a man of discretion to do some unlawful act Lamb. 180. Dal. 226. 7. To gather meet company to carry away a piece of timber which will not be moved without a good many whereto I pretend right though in law it be anothers I am 178. yet if he use threatning words as to say he will have it in spight of the other or though he die for it his doing may then become a riot Dal. 225. Lam. ibid. 8. To meet to drink at an ale-house to play at foot-ball bucklers bear or bull-baiting dancing bowls cards or dice or such like disports Dal. 223. Lam. 178. Cro. 61. b. nu 7. 9. To use harness on Midsummer-day at night in London or on May-day in the countrey Lam. 178. Cro. 64. a. nu 43. Dal. 223. The master intending a riot taketh with him his ordinary servants who know not his intent it is no riot in the servants Lam. 179. Cro 61. b. 62. a. nu 13. Dal. 222. A Jury falleth out and fighteth it is no riot Dal. 222. Lam. 180. If any assemble for any disports as aforesaid with intent to break the peace and make an
they appoint I. S. to collect it and for non-payment such a day to distrein such a distress taken by I. S. for rates is good Dal. 141. Brook Customs 6. Coke 5 63. Doctor Student 74. b. Tale-bearers vide News Tanners vide Leather Tavern-keeper Assignment of such as shall keep a Tavern to utter wine is to be made at the general Sessions unless it be otherwise by especial grant 7 Ed. 6. c. 5. Lamb. 614. Testimonial Testimonial under the hand of one Justice of Peace sealed is sufficient to pass in hay-time and harvest time from one County to another Lam. 190. In all testimonials and passports some assured marks of the party by which he may infallibly be distinguished and known from others are fit to be specified Lam. 206. Testimonial for a serving-man turned from his masters service or whose master is dead ought to be made by two Justices of Peace 27 Eâ— cap. 11. Lam. 331. Dal. 127. maketh a Quaere None retained in husbandry is to depart without Testimonial at the end of his term 5 El. c. 4. Vide Servants Theft Theft is a fraudulent and felonious taking of another mans personal goods in the absence of the owner and without his knowledge Lam. 272. Dal. 262. Theft is either Grand-larceny or Petty larceny Grand-larceny is when goods stollen are above 12 pence and it is felony of death except the party be saved by his book Dal. 263. Yet if the goods be of more value and the Jury find it did not exceed 12 pence it is not Grand-larceny Dal. ibid. Petty larceny is if the goods do not exceed 12 pence and is not felony of death but imprisonment for some time or whipping or some other punishment by the discretion of the Justices before whom the party is arraigned Dal. ibid. For petty-larceny the Justice of Peace before whom the offender shall be brought is not to punish him but either to send him to the house of correction or to bail him Dal. ibid. Petty-larceny is forfeiture of goods and chattels Six pence four pence and three pence being taken by one at several times from one and the same person may be put together in one indictment Dal. 263 Lam. 273 Stam. 24. If two or more steal above 12 pence from one it is felony of death in every one Dal. ibid. Lam. 273. The manner To make an act larceny there must be first a taking secondly a carrying away Lam. 277. Dal. 263. Yet it may be felony though the offender came to it by the delivery of the owner Lam. 278. As A Taverner setteth plate before his guests to drink in and his guests carry it away it is felony Dal. 264. Lam. 278. Cro. 35. b. nu 4. A Carrier carrieth goods to him delivered to the place appointed and there breaketh them up and embezelleth them it is felony Dal. 264. Cro. 36. a. nu 13. Lamb. 279. A carrier taketh out parcels of the goods to him delivered it is felony Dal. 264. Cro. 36. a. nu 11. A Carrier conveyeth them to another place and there breaketh them up and conveyeth part or all to his own use it is felony Dal. 264. Lam. 278. Where after delivery the imbezelling is no felony A Carrier imbezelling the whole Lam. 278. Cro. 36. A stranger borroweth a horse and rifleth away A Clothier delivereth his wool to his work-folk One delivereth his goods to another to keep One delivereth money to A. to pay B. Felony in servants by force of the statute 5 El. c. 10. Servant of the age of 18 years other then an apprentice to whom any money goods or chattels c. by his master or mistress shall be delivered to keep of the value of 40 shill or above if he go away with or convert the same to his own use with intent to steal the same or to defraud his master or mistress it is felony if it be prosecuted within a year Lam. 279. Dal. 265 Wherein are divers cases A man receiveth of his master 20 pound in gold to keep which he changeth into silver and runneth away with it they are both of one nature therefore felony Dal. 265. Lam. 280. Cro. 35. b. nu 6. One servant delivereth to his fellow servant to the value of 40 shillings of his masters goods and he goeth away with it or converteth it to his own use it is felony Dal. ibid. Cro. 50. a. Lam. 280. A servant maketh a garment of his masterâ— cloath and goeth away therewith it is felony Dal. 265. Cro. 50. a. Quaere of barley converted into malt oâ— mony melted into a piece of metal Dal. 266 An obligation is delivered unto a servant and he goeth away with the mony received upon the same obligation it is no felony within the statute of 5 El. c. 10. for the master delivered not the mony Dal. 265. Cro. 35. b. nu 5. 50. a. The servant carrieth his masters wares to market selleth them and goeth away with the mony or converteth it to his own use it is not felony within the statute of 5 El. c 10. Dal. 266. Cro. 50. a. Lam. 280. A Receiver receiveth rents and goeth away with them it is no felony for the statute is where the master delivereth to keep Dal. 266. Cro. 50. a. I deliver to my servant an horse to ride to market or mony to buy things or pay another and he goeth away with it it is no felony at the Common law for it was of his masters delivery Dal. 266. Cro. 35. b. nu 7. Quaere if it be not felony by 5 El. c. 10. My shepherd selleth my sheep falsly it is felony Cro. 35. b. nu 9. but Stamf. 25. a. contra A servant keepeth the key of his masters chamber-door and taketh away above the value of 12 pence it is felony at the Common law for they were not delivered him Dal. 266. Lam. 279. A guest taketh the sheets or other goods of the host feloniously into some other room of the house it is felony Dal. 266. Cro. 35. a. nu 2. Lamb. 281. Br. Coron 107. A man feloniously taketh an horse and is apprehended before he gets out of the close where he went Lamb. 281. Dalt 267. Cro. 36. a. nu 12. Not enquirable before Justices of Peace A servant taketh away or spoileth his deceased masters goods in default of appearance in the Kings Bench after proclamation it is felony Dal. 266. Cro. 56. a. 6. 33 H. 6. c. 1. Of what things felony may be committed Of moveable goods as mony plate apparel houshould-stuff c. so of corn hay trees fruit c. being severed from the ground Dal. 267. Lam. 273. Of domestical things as horses mares colts oxen kine sheep lambs swine pigs hens geese ducks turkeys or any other domestical beasts or birds of tame nature and though they run or away fly out of the owners sight the detainer is punishable by action Dal. 267. Of wild nature young pidgeons out of another mans dove-house young hawks or herons breeding
County to cause proclamation to be made of the several rates so rated in so many places of their several authorities as to them shall seem convenient and as if the same had been set down printed by the Lord Chancellour or Keeper after declaration thereof to the Kings Majesty and certificate thereof into the Chancery 39 El. c. 12. 1 Jac. c. 6. Any giving wages contrary to the rates appointed and proclaimed loseth 5 pound 5 El. c. 4. 1. Jac. c. 6. Lam. 474. Every Justice of Peace not having lawful excuse testified by oath of one that is in subsidy 5 pound c. that shall not assemble at Easter Sessions or within 6 weeks after to rate the wages of servants c. shall lose 10 pound 5 Eliz. cap. 4. Lam. 632. Any having authority by 5 Eliz. c. 4. to rate wages may rate the wages of labourers weavers spinsters and of any working by day week moneth or year or by great 1 Iac. cap. 6. No penalty for not certifying the rates of wages into the Chancery according to the statute of 5 El. c. 4. if they be duly proclaimed 1 Iac. c. 6. Rates of wages ingrossed in parchment are to be kept by the Custos Rotulorum if in a Corporation amongst the records thereof â— Iac. c. 6. Any two Justices of Peace may imprison without bail the master for ten daies for givâ—ng and the servant workman or labourer for 21 daies for taking greater wages then are â—ssessed by the Justices of Peace and proclamation thereof made in that county 5 El. c. â—4 Dal. 80. Every retainer promise or paiment of wages or other thing whatsoever contrary to the true meaning of 5 El. c. 4. and every writing and bond for that purpose is utterly void Dal. 80. Justice of Peace may have his action of debt against the Sheriff for his wages at the Sessions Cro. 177. a. nu 23. Justices of Peace shall be paid their wages out of the fines and amerciaments of the same â—essions and they ought to assess the fines in the Court and then the Clark shall indent the estreats betwixt the Justices and the Sheriff and the Justices shall put their names thereto to the end the Sheriff may know to whom to pay wages and levy the same to pay to the Justices whereupon the Sheriff shall be allowed the same upon his accompt in the Exchequer 14 R. 2. c. 11. Lam. 628. Cro. 177. a. nu 30. Wainlings Any killing any Wainling Calves under two years old to fell lose 6. shill 8 pence for every offence determinable at the Quarter Sessions 24 H. 8. cap. 9. 1 Iac. cap. 25. Lam b. 453 607. Lying in wait to maim or kill any other to be fined Lam. 446. Warrants The Justice of Peace his command by woâ— of mouth is in some cases as strong as his prâ—cept in writing Dal. 336. As A Justice of Peace seeing a Riot may coâ—mand the Rioters to be arrested and caâ— them to finde sureties for their good behavâ—our Dal. 336. So upon affray assault threatning or aâ— other breach of the Peace done in his prâ—sence he may command the officer being prâ—sent to arrest such offenders to finde sure for the peace Dal. 336. But for causes out of his presence one mâ— not arrest another upon the Justices commanâ— but by precept in writing Dal. ibid. Br. Peâ—â— 7. A warrant in writing must be under tâ— Justices hand and seal or under his hand â— least Dal. 336. Lam. 85 88. But it is better under seal Dal. 337. A warrant for the peace or good behavâ— our must contain the special matter Dal. 33â— La. 87. but it is better under his seal Dalt 33â— A warrant for treason murder or felony â— other capital offence and such like need nâ— contain the special cause Cro. 148. a. Dal. 33â— A warrant is better if it contain and beâ— the date at the place where it is made the yeâ— and day when it was made Cro. 174. a. Dal. â—â— am 88. Justice of Peace being out of the County granteth his warrant to be served in the â—â—nty the officer must carry the party beâ—e some Justice of Peace within the County â— ibid. Lam. 91. The County written in the margent of â—e warrant albeit it be not expressed in the â—arrant and in Com. praedicto shall have reâ—tion to the County set in the margent â—â— 102. b. nu 29. Justice of Peace may make his warrant to â—e before himselfe yet upon a warrant for â— Peace the usual manner is otherwise Co. 5. â— Dal. 170 338. â—n some cases a Justice of Peace may grant warrant to attach the offender to be at the â—â— Sessions of the Peace to answer his said â—ence Dal. 338. Justice of Peace may grant his warrant aâ—ainst one that hath broken the peace or â—mmitted misdemeanors against the peace â— finde sureties for the peace or good beâ—aviour Dal. 34 162 165 338. Justices of Peace in divers cases as the case â—ll require may grant their warrant for the â—ies neglect or other default and such â—trant may be either to attach him to be at â—â— next Sessions there to answer c. or to â—â—g the offender before the said Justices or â—y other Justice c. who finding cause to â—â—d him may bind him to the next Sessions answer the said default Vide Dal. 338 â—0 Where the statute giveth authority to Justiâ—â— of Peace to cause another to do a thing â—â—ey have power of congruity to grant their â—â—ant to bring such persons before them that so they may take order therein Quâ— Dal. 338. A Justice of Peace maketh a warrant â— yond his authority it is not disputable Constable or other inferiour officer but â—â— be obeyed Lam. 65. Dal. 8 242 342. But if the Justice make a warrant to doâ— thing out of his jurisdiction or in a caâ— wherein he is not a Judge if the officer eâ—â—cute the warrant he is punishable Dal. 3â— Cro. 147. b. Dal. 8. Lam. 91 92. Warrant for the Peace may be directed any indifferent person by name though hâ— not officer yet it is better to a known officâ— Dal. 340. Cro. 147. a. Lam. 88. A sworn and known Officer need not shew his warrant but the servant of the stice must shew it if it be required Dal. â—â— Lam. 89. Cro. 148. a. A warrant directed to the Constable â— to a stranger joyntly and severally and eâ—â—cuted solely by the stranger is good Cro. â—â— b. Dal. 340. Warrant directed to two joyntly to arâ— another may be executed by one of the Dal. 340. Lam. 89. A Just of P. may make his warrant to Sheriff to attach one to bring him to Sessions to finde surety of the Peace 136. a. A warrant being directed by a Justiceâ— Peace to the Sheriff he may by word coâ—mand any sworn or known officer unâ—â— him without precept in writing Dal. 3â— Lam. 89. If a Justice of Peace his warrant be dire â—â—rected to the Sheriffs Bailiff
Constable Juâ—â—es servant or other to arrest one such â—rson must serve it himself Lam. 89. Dal. â—0 He to whom any warrant shall be directâ—d must do it with all security and speed â—â—l ibid. A known officer must if he will not shew â— warrant upon arrest declare the contents â—his warrant Co. 6. 54. 9. 68. Dal. 341. Upon arrest in the Kings name the party â—rested ought to obey Dal. ibid. for if he have â—t lawful warrant the party grieved may â—â—e his action of false imprisonment Dal. â—â— Co. 9. 68. An officer arresting a man doth afterwards â—ocure a warrant this is a wrongful arrest â—â— 341. Lam. 90 91. The officer having a warrant for the peace good abearing may break open the doors â—al 341. Cro. 170. b. One is arrested who upon promise to come â—gain is let go and cometh not again the â—â—cer cannot arrest him by force of his forâ—er warrant except he prosecutes him with â—â—esh suit Dal. ibid. Br. Faux impris 18. An officer having a lawful warrant to arâ—est another is resisted or assaulted by the parâ—â— or any other person the Officer may juâ—â—ifie the beating or hurting such person Dal. â—â—â— Lam. 92. If any abuse the warrant as by casting it in â—e dirt or treading it under his feet he shall â—e indicted and fined for it is the Kâ—ngs proâ—ess Dal. 342. Cro. 149. Quaere whether he â—all not be bound to his good behaviour â—al ibid. Before that a Justice of Peace grant his wâ— rant to arrest one for murder robbery or lony it is meet to examine the party that â— quireth the warrant upon oath and to bâ— him to give evidence at the next Gaol-dâ—â—very Dal. 342. Just of P. is not to grant his warrant gainst an offender of a penal statute to a pear at the Sessions unless it be appointed statute but he ought first to be indictâ—â— Lam. 187. Dal. 339. Cro. 197. a. nu 21. Justice of Peace cannot make a warrâ— to arrest a felon except he be indicted â— 147. b. But Dalton argueth that a Justice Peace may make such a warrant Vide Dâ—â— 339. One wrote to a Justice of Peace to seâ— him a warrant with a blank to insâ— therein one whom he would attach sâ— suspition of felony The Justice did â—â— And for that he sent his Warrant witâ— blank to put in a name which he knâ—â— not nor the matter before the makiâ— of the Warrant he was fined in the Staâ— chamber Cro. Jurisdiction 34. a. All Warrants made in the Kings namâ— ought to be directed to all Ministers as wâ— within liberties as without Dal. 355. Warrants may be made either 1. in tâ— name of the King or 2. in the name of tâ—â— Justice and either of them must be testifiâ— by the Justice from whom they issue or â— without style by the subscription of the Jâ—stice Dal. 335. To what Offices Warrants are to be directed by particular Statutes To the Churchwardens for negligent comers to Church to levy 12 d. 3 Jac. c. 4. To the Constable or Churchwardens against an Alehouse-keeper to levy 10 s. for suffering tipling 1 Iac. c. 9. To levy 20 shill for breaking the Assise 1 Iac. c. 9. For selling Ale without licence 20 shill 3 Car. cap. 4. For tipling in an Alehouse 3 shill 4. four pence 1 Iac. c. 9. For abuses on the Lords day 1 Car. c. 1. For Carriers on the Lords day 20 shill 3 Car. c. 1. Shewing boots to sell on Sunday 3 shill 4 pence 1 Iac. c. 22. To the Constables Churchwardens or Overseers of the poor for swearing 12 d. 21 Iac. cap. 20. To the Constable or other inferiour officer for drunkenness 5 shill 4 Iac. cap. 5. 21 Iac. c. 7. Warreners vide Foresters Watches Any Justice of Peace may cause night-watches to be kept for the arresting of night-walkers and persons suspect be they strangers or others of evil fame Dal. 144. 13 E. 1. Stat. Winton c. 4. Watch is to be kept yearly from Ascension day till Michaelmas in every town from sun-setting to sun-rising Dal. 144. Lam. 4â— All strangers or persons suspected passiâ— by the watching men may be examined them and if there be cause of suspition thâ— may stay them and if they will not obey mâ— levy hue and cry and may justifie to be them and may stock them till morning aâ— if they finde no cause of suspition delivâ— them but if they finde cause may delivâ— them to the Constable to carry them befoâ— a Justice of Peace Dal. 144 300. Any Justice of Peace may cause all nighâ— walkers strangers or other suspected espeâ—ally such as sleep in the day and walk in tâ— night to be arrested and such as in the nigâ— haunt any house suspected of bawdery or â—â— suspicious company or commit other outrâ—ges or misdemeanours and cause them to fiâ—â— sureties for their good behaviour Dal. 8. Lam. 118 119. No man is compelled to watch unless he an inhabitant in the town Dal. 145. Inhabitants are not compellable to watcâ— at the will of the Constable but when hâ— turn cometh Dal. ibid. Water-men Every Justice of Peace within the shiâ—â— next adjoining to the river of Thames with in his jurisdiction hath power upon complaint by the overseers or rulers of the Water men and Wherry-men or two of them or by the masters of any such servants botâ— to examine hear and determine all offence against the statute and set at large him thaâ— shall be imprisoned by the overseers and rulers if there be just cause and also by his discretion to punish those overseers and rulers that shall unjustly punish any person 2 â— 3 P. M. cap. 16. Lam. 203. Dal. 145. The offences against the statute are 1. No single man shall be a Waterman 1 Iac. c. 16. 2. One of the two rowing in one Boat must be allowed by eight of the overseers by writing under seal 3. They shall not hide themselves in time of pressing for the Kings service 4. They shall not take for their fare above â—he price assessed and set up in Tables in Westminister Hall Dal. saith quaere whether the â—ustices of Peace be to meddle with this Wax One Justice of Peace may examine and â—earch by his discretion such as do sell any â—andles or work of wax above four pence in he pound clear gain over the price of the â—ax and punish them by forfeiture of that â—hich is to be sold and the value of that â—hich is sold and fine to the King Dal. 145. â—am 196 469. 11. H. 6. c. 12. Weapons which be forcible vide Forcible Entry Weers Weers in rivers may be surveyed by one â—â—stice of Peace which he may cause to be â—ade of a reasonable wideness Lam. 189. Any making Weers within five miles of the mouth of any haven or creek or by weers destroying any fry of fish of the seâ—â— loseth 10 pound one moiety to the King the other to the informer 3 Iac. cap. 12. Dal.
in one Parish for a year and before the end of his term is unlawfully put out of possession and after taketh part of an house as an inmate in another Parish from whence he is also put out and then not being able to get any dwelling they come to lie in a Barn in a third Parish where the husband falleth sick and the wife is delivered of another child where ought these to be setled Resol If a man of woman having house or habitation in one Parish be thrust out this is an illegal unsetling which the Law forbiddeth for none must be enforced to turn vagrant and such one must be returned to the place where he or she was last lawfully setled and the child also born in the time of this distraction 25 Q. Whether an apprentice put out by the Churchwardens c. according to the Statute to a Master in another Parish if his Master die and leave no Executor or Administrator fit to keep an apprentice or able to place him He shall be provided for in the Parish where he was apprentice or shall be sent back to the Parish from whence he was put out Resol Servants and apprentices are by law setled in that parish and if they become impotent there the Parish must abide the adventure after their term or time of service be lawfully ended 26. Q. What is accounted a lawful setling in a Parish and what not Resol This is too general a question to receive a perfect answer to every particular case which may happen but generally this is to be observed that the law unsetleth none who are lawfully setled nor permits it to be done by practice or compulsion and every one who is setled is a native houshoulder sojourner an apprentice or servant for a month at the least without a just complaint made to remove him or her shall be held to be setled 27 Q. A rogue is taken at C. and will not confess the place of his birth neither doth it appear otherwise but that he confesseth the last place of his habitation to be at S. hereupon he is whipped and sent to S. at his coming to S. the place of his birth is there known by some to be at W. and thereupon the rogue confesseth it to be so whether he might without any new vagrancy be sent to W Resol In this case it is fit to send such a rogue to the place of his birth for this is but a mistaking and no legal setling 28 Q. If an indictment be preferred to the grand Jury of the quarter-Sessions of the P. against one for murder manslaughter for robbery felony or pety-larceny and ignoramus found the reupon whether the said Sessions may deliver the party by Proclamation or not Resol Not by Proclamation at all but for pety-larcenies and other pety-felonies in discretion the Gaol may be delivered of them 29 Q. If a Constable be chosen and refuseth to take his Oath what shall be done and whether a Constable may make a deputy and by what means Resol The refusal or neglect to take Oath in such a case is a contempt worthy of punishment and thereupon to fine imprison him and the making of a deputy is rather by toleration then by law 30 Q. If a Constable die or remove out of the Parish where c. how is his place to be supplied Resol By the Lord of the Leet if that time fall near otherwise by the Sessions but if thaâ— be too far off then by the next Justices 31 Q. If a poor weak man be chosen Constable or Tithingman and be unfit for thâ— same place how may he be removed and a fiâ— man sworn in his room Resol The Justices of Peace must help this and if the Lord of the Leet have power to choose a Constable or Tithingman and perform so ill it is a Just cause to seize his liberty 32 Q. If a Nurse-child a Scholar at a Grammar-School or in the University prove to bâ— impotent by sickness lameness lunacy or discovery of ideocy c. how such persons shalâ— be disposed Resol A Nurse child or a Scholar at thâ— Grammar-School or at the University oâ— persons sent to Common-gaol Hospital oâ— houses of Correction are not to be esteemed as persons to be setled there no more theâ— Travellers in their Inns but their setling iâ— where their Parents are setled and childreâ— born in Common-gaols and houses of Correction their Parents being Prisoners are to be maintained at the charge of the County 33 Q. What proportion Parsonages oâ— Tithes shall bear to the taxation of the poor oâ— the Parish Resol The Parson or Vicar presentative shall â—ccording to the reasonable value of his Parâ—onage having consideration to the just deâ—uctions 34 Q. Whether for placing the poor of the Parish not to be removed by consent of the Parish these poor men may not be placed as â—nmates for a time Resol They may by express words of the Statute of the 43 of Elizabeth 35 Q If a Parishioner or owner within a Parish do bring into the Parish without the â—onsent of the Parish a stranger of another â—arish which is or apparently is like to be â—urthensome unto the Parish how they may â—ase themselves Resol By taking such a one to the charge of he rates of the poor not only having respect â—o his ability or the land he occupies but acâ—ording to the damage and danger he bringâ—th to the Parish by his folly 36 Q. For warding in the day-time for apâ—rehending of Rogues whether the Constable â—ay not enlarge it to a farther time Resol Warding in the day-time is of great â—se and must be left to the discretion of the Constables or direction of the Justices to vary â—ccording to the occasion 37 Q. Whether Alehouses ought to be alâ—owed only in thorofare Towns and others â—n other places to be restrained only to sell to â—he poor out of doors Resol The Justices shall do very well to alâ—ow none but in places very fit for their scituâ—tion and uses and to moderate the number 38 Q. A man for his quality otherwise fit to be a Constable or of other Office of thaâ— nature procures himself to be the Kings servant extraordinary and by that mean would excuse himself to serve in the Country Resol A servant extraordinary may weâ— perform his ordinary service in the Countrâ— according to his quality The Justices opinion touching the Commissions by which the Justices sit at Newgate THE Justices at Newgate sit by virtue oâ— two Commissions viz. Gaol-delivery anâ— Oyer and Determiner By the Commission of Goal-delivery theâ— may try all prisoners in the Goal or by Bail oâ— such as be indicted will render themselves generally for all Felonies and also for such other offences as are particularly assigned tâ— them by Statute The Statute of 4 Eliz. c. 2. doth give theâ— power to receive Indictments against Prisoners or such as are upon bail and to proceeâ— to try the same viz.
Indictments taken before the Justices of the Peace and by equity thereoâ— all Indictments before Coroners 3 Mar. Brâ— Commission omnium 24 saith That the Commission is ad delibr and. Gaol de prison in eisdeâ— existen But they cannot take Indictments aâ— Justices of Gaol-delivery but being Justices oâ— the Peace they may take Indictments againâ—â— Prisoners but not against them that be aâ— large for as much as power is given them consequently they must have means to do so which is by Indictments Id quaerend Howsoever it is clear that they may enquire of many offences and take indictments in such cases where power by the Statute is given to the Justices of Gaol delivery in such cases where they have authority by Law or Stat. there the title of Indictments is that Ad gaolam deliberationem tent before the Commissioners of Gaol-delivery I. S. was indicted and the Record must be made up so And whereas by the Statute of 4 Eliz. c. 2. Indictments taken before Justices of Peace or Coroners or any other against any Prisoners then the entry of the Indictments is returned taken Memorand quod ad generalem Sessionem tent before A. B. C. Justices ad pacem in Com. Middlesex or London I. S. was indicted and then tried before Justices of Gaol-delivery and by vertue of the said Statute Indictments taken before Justices of the Peace of London or Middlesex are tried before Justices of Gaol-delivery The Commissioners of Oyer and Terminer is Ad triand inquirend audiend determinand They may enquire all offences mentioned of in the Commission albeit the offenders be at large but they cannot try Prisoners upon Indictments taken before any other then themselves as the Justices of Gaol-delivery may by the aforesaid Statute unless there be a special Commission made as it was in the case of the Earl of Leicester mentioned in Plow Com. for the ordinary Commission of Oyer and Terminer is ad inquirend audiend determinand therefore they cannot determine of things unless they made enquiry first and on the otherside also the Justices of Gaol delivery may try Indictments taken before Justicâ— so the P. yet if one be indicted before Commiâ—sioners of Oyer and Terminer the Justices oâ— Gaol-delivery cannot try the same becausâ— the Records of the Commission of Oyer anâ— Terminer are to be returned in the King Bench 44 E. 3. 31. The Commission and the Records of thâ— proceedings before the Justices of Gaol-delivery are to be returned to the Custoâ— Rotulorâ— of the County when the same persons are Justices of Gaol delivery and of Oyer and Terminer they may sit the same day and place and enquire by the same Jury but the entry oâ— the Records must be several according as theâ— Indictment is At the Assises in the Countrey the Justices have their several power as the Justices of Gaol-delivery Oyer and Terminer and Justices of Peace But when the Records are made up they must be according to the power they made election to proceed upon This is the regular and legal course But the Clarks of the Assises promiscuously make entry thereof but if a Writ of Errour be brought they must certifie according to Law or else it will be erronious and so upon a Certiorari The Sessions of London may be begun at the Guild-hall and then adjourned to Newgate If some Indictments be at Guild-hall then those must be certified if others at Newgate then the adjournment must be mentioned and that the Indictment was then taken Note that the trial of Indictments taken before Justices of the Peace of London cannot be tried at Newgate as in nature of a trial before Justices of the Peace at London for many of the Commissioners for Goal-delivery are not Justices of the Peace for London but in such cases the trial must be before the Justices of Goal-delivery as upon Indictments taken before the Justices of the Peace of London as in the case of Indictments taken before the Justices of the Peace of Middlesex But if Indictments at Newgate be originally taken before them as Justices of Gaol-delivery then it is inquirable how the Jury sworn and impannelled to enquire at the Sessions of the P. for London or Middlesex do serve to present Indictments before the Justices of Gaol-delivery at Newgate unless the custome and usage will warrant the two several Juries sworn at the Sessions of the Peace for London or Middlesex are also by the same Oath and impannelling to serve for the grand Jury for the Commission of Gaol-delivery and Oyer and Terminer Upon conference with Mr. Keeling and the Clarks for Newgate of London and Middlesex and the Clarks of Assises and view of the several Entries a more mature and certain resolution may be given this being in haste and without such considerations as were requisite Cases and Resolutions upon the Statutes of 18 Eliz. cap. 3. touching Bastard-children And upon 43. Eliz. cap. 2. concerning the poor and provision for them Hammonds Case Mich. 3 Car. Kings Bench. Bastard HAmond having got a child the examination thereof was referred to the two next Justices according to the Statute upon which the Justices made an order which Hamond refused to perform thereupon they cause him to enter into bond to appear at next Sessions where he appeared the Justices there made another order because he refused to perform this they committed him to prison Resolved the imprisonment was illegal being not warranted by the Statute but they ought to have proceeded against him upon his bond By Hide chief Justice the Justices ought not to commit for not performing their order of quarter-Sessions where they alter the former order made by the Justices who had first the examination for by the second order the first was made null Concerning providing for Bastard-children Smiths Case Mich. 6. Car. R. B. R. IT appeared by proof before two Justices that Smyth was the reputed father of a bastardchild and the Justices made an order for maintainance of the child and for discharge of the Parish according to Law afterwards committed him for not performing the order Resol the commitment was void and that the Justices should have taken bond of him to appear at the next Sessions The Case was further Sir Henry Pool and Doctor Standard being the two next Justices did examine this matter upon which it then appeared that one Feild was the reputed father and made their order against Feild that he should maintain the child discharge the Parish and enter into bond for his appearance at the next quarter-Sessions and to abide their order there made He refused to enter into bond but appeared at the Sessions and there shewed that Smyth was the reputed father the former order was certified but the Justices did nothâ—ng upon it but granted a new reference unto Doctor Standard and Master Gregory Riâ— Henry Pool being gone out of the Countrey And they made the last order contrary to the former and by this they charged Smyth as the
not coming to Church The not repairing to Church upon every Sunday and Holiday weekly there abiding soberly all the time of Divine-Service if they be of the age of sixteen years forfeit 12 d. for every Sundays absence 1 Eliz. 2. 23 Eliz. 1. 3 Jac. 4. Recusants The not repairing to Church for the space of one month together for feits 20l. a month or two parts of the offenders lands 1 Eliz. 2. School-masters The keeping any Scool-master not resorting to the Church or allowed by the Ordinary forfeits 10 l. a month and that School-master disabled and one years imprisonment 23 Eliz. 1. 3. Jac. 4. Strikeng in Church or Church-yard The malicious striking with any weapon or drawing any weapon in Church or Church-yard the offender to lose one ear and marked with letter stat 5 Ed. c. 4. The keeping of Fair or Market in Church or Church-yard fine at discretion 13 Ed. 1. 6. Lam. 419. Petty Treason The servant killing his Master or Mistriss the wife her husband the Clark his Ordinary is Petty-treason 1 E. 6. c. 12. Murder The taking away any mans life upon malice fore thought or poisoning any is murder 1. E. 6. c. 12. Stabbing The stabbing any that hath not his weapon drawn or hath not first strucken the party stabbing so as he die within six months no Clergy to be allowed for this offence though but Man-slaughter stat 1 Jac. cap. 8. Se defendendo per infortunium Killing any man in his own defence or by Chance-medley the party forfeits all his goods and to be imprisoned untill he sue out his pardon of couâ—se Cutting out of tongues The cutting out of the tongue or putting out of eyes of any the Kings Subjects maliciously is felony by stat 5 H. 4. c. 5. Buggery Committing the detestable sin of buggery with man or beast is felony without Clergy stat 25 H. 8. 6. 5 Eliz. 17. Rape The forcing or ravishing any woman above 10 years of age or carnally knowing any under is felony without Clergy stat Westm. 2. c. 34. 18 Eliz. 7. Marrying two wives The taking a second husband or wife the first being alive is felony unless the one hath been above the space of 7 years beyond Sea c. stat 1 Jac. 11. Robbery The robbing any man upon the high-way cutting a purse or taking above 5â— out of any dwelling house in the day time or breaking any dwelling-house in the night with a felonious intent which is burglary and stealing of horses or mares all these are selonies without Clergy 8 Eliz. 4. 5 Ed. 6. 9. 23 H. 8. cap. 1. 39. Eliz. 15. Felony Taking any mans goods with an intent to steal them is felony if above 12 d. and if under 12 d. petty larceny Burning houses The burning malitiously any dwelling-house or barn having grain or corn therein is felony without Clergy 4 â— Ph. Ma. 4. Servants embezelling Masters goods The Servants embezelling their Masters goods is felony if it be to the value of 40 s. and the party 18 years of age being trusted with it unless he be an apprentice 22 H. 8. 7. 5 Eliz. 10. Hunting in the night The unlawful hunting by night in Parks or Warrens and denying the same upon examination is felony by the Stat. 1 Hen. 7. cap. 7. Assemblies to alter Laws and throw down enelosures The rebellious assembly of 12 persons or above being assembled and intending to go about a practice with force unlawfully to change any Laws of this Realm or forcibly to cast down any inclosure to have any common or high-way there or do any such unlawful act and being commanded by the Sheriff or any Justice of Peace by Proclamation to depart and yet have continued together one hour after or if any have caused to be raised to the number of 12 persons or above to such intent and being commanded by Proclamation and yet have so continued together an hour after or if any have delivered virtually mony or weapons to any such person so assembled or have hindred any that went to make Proclamation this is felony per Stat. 1 Mar. c. 12. 2 Eliz. c. 16. Accessories before and after All counsellors or procurors before theselony and all aiders receivers after the felony knowing the same are accessories Extortion in a Coroner Any Coroner that takes above 13 s. 4 d. for the view of any dead body and upon the murderers goods or of the Town from whence he escaped he forfeits 5 l. 3 H. 7. c. 1. In a chief Constable Any person that takes above 2 d. for registring any servants testimonial upon his departure from one place unto another fine at discretion 5 Eliz. 4. Extortion in an Ordinary for probate of Wills Any Ordinary or his Clark that takes above 6 d. for the probate of a Will or 6 d. for letters of Administration whereof the goods of the intestate exceeds not 10 l. and not above 3s 6d where they exceed not 40l or 5s for both or a peny to the Scribe for every line of 10 inches loseth 10 l. and to the party so much as he hath paid 22 H. 8. c. 5. Clark of the Market and other Officers Any Clark of the Market Clark of the Peace Justices Clark or Sheriffs Clark or Bailiffs or other Officers that take above their due fees 23 H. 6. 10. 1 Ed. 4. 2. 12 H. 7. 15. 42 Ed. 3. 9. 27 Eliz. 7. 27 H. 4. 5 E. 6. 25. 7 H. 7. 3. 7 H. 7. 4. Hue and Cry Hue and Cry raised unjustly or not being followed when well raised 3 E. 2. c. 9. Watch. Watch not set in any Town between Ascension-day and Michaelmas 2 Ed. 2. Going armed Riding or going armed in affright of the Country is imprisonment and loss of armour 2 Ed. 3. c. 3. Escape Escape negligent of any Prisoner arrested for felony 1 Ric. 3. c. 3. Barretors Common Barretors or maintainers of suits Embracers of Jurors must suffer imprisonment and good behaviour 34 E. 31. 33. H. 8. 10. 37 H. 8. c. 7. Forcible entries Forcible entries or detainers of possessions by force fine and imprisonment Stat. 8 H. 6. 4. Cutting ponds Cutting of pond-heads taking of fish hawks or hunting deer or conies against the owners will in any warren or ground inclosed three months imprisonment and good behaviour for seven year 5 Eliz. 21. 3 Jac. cap. 13. Tracing hares The tracing hares in the snow or killing them by any engine the taking of pheasants or part ridges by Net or any other device as also hawking and hunting in eared corn forfeiture for every pheasant 20 s. for a partridge 10 s. for hawking 40 s. 11 H. 7. c. 17. 23 Eliz. 10. 7 Jac. 11. 1 Jac. c. 17. Forestalling Forestalling which is intercepting of corn and buying it coming to the market before it come there 5 Ed. 6. c. 14. Ingrossing Ingrossing which is the buying any corn or commodities with intent to fell again Regrating Regrating which is the buying of any commodity