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A87531 Pacis consultum: a directory to the publick peace: briefly describing, the antiquity, extent, practice and jurisdiction of several countrey-corporation-courts; especially, the court leet. An exact and perfect method to keep a court of survey for the setting forth and bounding of the mannors, lands, and tenements; with the articles to be therein given in charge: a work most useful: of which subject, never was any thing printed before. An abstract of the penal statutes, useful for all men to know. Also some difficult questions in law, proposed unto, and resolved / by Judge Jenkings. Jenkins, David, 1582-1663. 1657 (1657) Wing J597; Thomason E1672_2; ESTC R202614 51,715 145

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Merchant is to be publickly whipt Another penalty by the Statute of 3 Car. is three days Imprisonment without Bayl and for Mainprize and afterwards until he shall put in sufficient security not to Victual any more without License Also if any Alehouse-keeper litensed or unlicensed shall sell Beer or Ale in unsealed Measures a● Cans stone-Juggs black Pots or the like or in any other unsealed Measures or shall sell less then a full Ale-quart of the best Ale or Beer for a peny or take above a peny for a full sealed quarr he forfeits for every such offence 20 s. one third part thereof to the prosecutor and two parts to the poor of the Parish Honest then might well employ themselves to punish these Offenders and doing it impartially without respect of persons may do much good to the Common-wealth preventing these fellows from growing from bad to worse by putting their ill-gotten gains to Usury maugre their calling of them Promoting knaves And I doubt not but I shall have such prayers as the Chaplains of their Calling nse for my pains If any Al-house keeper shall suffer any persons to sit tipling in his house above the space of an hour he forfeits Ten shillings and the Tiplers Ten groats a piece If any Alehouse-keeper suffer any one to be drunk in his house the Drunkard forfeits 5 s. the Alehouse-keeper 10 s. Every Alehouse-keeper is to keep at least one lodging-bed in his house for the entertainment of Arangers that is the intent of Alehouses Neither is the Alehouse-keeper to take any goods to pawn of strangers or wayfaring men nor to entertain any suspicious persons but to give notice thereof to the Constable or next Justice of peace Fore-stallers Regrators and Ingrossors are here also to be presented or informed against If any one shall buy corn upon the ground or other dead victuals with an intent to sell it again out of any Fayr or Market he forfeits the value of the goods so bought and two months imprisonment of his body without Bayl or Mainprize There is also an Act of Parhament lately made concerning Corn and Meal That if any person shall sell or put to sale any Meal or Flour in his house or shop or otherwise then in the open publike Market be forfeits the treble value of the Meal or Flour so sold one half of which forfeitures go to the poor of the Parish where the offence is committed the other half to any one that will sue for the same in any Court of Record by Information Indictment or Action of Debt c. And moreover the Meal-man is to suffer imprisonment of his body the space of one month without Bayl or Mainprize If any one shall sell wine without License he forfeits five pounds a day for every such offence one half to the Protector the other half to the Prosetutor If any one shall use any Art Mystery or Manual Occupation having not been brought up Apprentice thereunto by the space of seven years he forfeits fourty shillings a month for every month he shall so use it one half of the Forfeiture to the Protector the other to the Prosecutor If any person of the age of sixteen years or more shall wilfully absent himself from his Parish-Church and shall not repair thereunto or som other lawful Parish-Church or Chappel during the space of a month he forfeits for every month he shall so refuse going to Church and not having a lawful excuse to the contrary the sum of 20 l. the Forfeiture to be divided in three equal parts one third part thereof to go to the Lord Protector the other third part to the Poor of the Parish where the offence is committed and the other third part to the Informer to be recovered in any Court of Record by any person that will sue for the same by Action of debt Indictment Bill Plaint or Information I see noreason why Anabaptists and those called Quakers and Rantors to should be exempted from the penalty of this Statute any more then Papists But further to proceed to our Charge The Jury is to enquire also if all Constables Headburroughs Deoimers or Tythingmen and all other Suitors that owe any Suit unto this Court be present here or not to do their Suit and Service and to present the names of all that are absent or make default They are also to enquire if any Customs or Services due unto this Court be concealed or holden back how or by whom the same are so detained and in what Bayliffs time the same was and present the same Enquiry is also to be made if any Purprestures be made upon the land wood or water with blocks staves ditches hedges or by or with any other thing manner or way done to the common annoyance of the people and present it Also if any Walls Houses Pale● or Hedges be made or erected within the Jurisdiction of this Court to the annoyance of the people this is to be here presented If any High ways Waters Ditches or Paths be turned aside out of their andient courses this is to be enquired of and presented The Jury is also to enquire if any encroachments be made on the High ways or upon any of the Lords soil or common or one neighbour upon another and present the same If any Laystalls be made or any carrion be cast in High-wayes this is enquirable Common disturbers of the peace or such as make Frays in disturbance of the people or breach of the peace this is to be presented If there be any common Barretors within the jurisdiction of this Leet common Scolds or makers of debate to the annoyance and disturbance of their neighbours this is enquirable Enquiry is also to be made of all Pound breakers such as break the common Pound to take any Distress out of the same their names are to be presented Also the Jury is to enquire if any persons shall make any Outcries against the Law where no cause is to the disturbance of the people and present their names Also if any Rescous be made within the jurisdiction of this Court upon the Sheriff or any of his Bayliffs or any other Officers in the execution of their Office this is to be enquired of and presented Enquire also if any Eves-droppers that is such as stand under walls windows at dors or other places to hear the discourse of others and to carry tales thereof to others thereby to make debate or strife amongst their neighbours present their names All such offenders are to put in good s●ourity for their good behaviour the offence highly deserving it Breakers of hedges and such as walk by night and sleep by day are here to be enquired of All such as keep houses of Bawdry or ill orders in their houses to the breach o the peace or disturbance of their neighbours their names are to be presented All common hannters of Taverns or Ale houses having not visible estates sufficient to live upon they are here
the hand the Lord hath his Lands by escheat or if any one hath abjured the Land or be outlawed for any Treason Felony or Murder present it for the Lord shall have his Land by escheat You are also to enquire if there be any rents customs or Services withdrawn from the Lordship which are due and of right ought to be done thereunto and what Rights Customes and Services they are by whom withdrawn and where the Land lies out of which they be due and who holds the same and present it Enquire also whether any Waif or Stray was or is within this Lordship and whether the Lord be answered of the same and if not present by whom they are detained and if any Herriot be conveyed away or concealed present it and by whom And here it will not be any digression to tell you what a Waif and Stray is A Waif is if a Thing being pursued or otherwise to ease himself of his burden doth leave and forsake his goods which he hath stollen or any part of them such Goods are called Waifs and the chief Lord shall have the Goods so waived unless the Owner of them do make fresh suit after the Thief and attach him for stealing the said Goods in such cass he shall have his Goods again though they be waived but then he must sue an appeal or else procure the Thief to be convicted at his Sute 21 H. cap. 12. An Estray is if any Beast be found in the Lordship and no man know the Owner thereof they shall be seized to the use of the King unless the Lord have them by Grant or Prescription if the Owner do not claim the same within a year and a day after the Lord hath caused Proclamation to be made in the next Markets and in the Church according to the Statute Also enquire whether any person hath made any Rescous against the Lord or his Officers within the Mannor and present it That if the Lord come to distrain for his Rent and the Tenant resist him that he cannot distrain this is a rescue or if Beasts distrained run into the house of the Owner and the Distrainer prays them to be delivered to him and the possessors will not deliver them it is a Rescue You are likewise to enquire of and present all pound-breaches whether any person hath broken the Lord's Pound that is to have taken away any distress put therein if the Lord do distrain for Rent or service behinde he may impound the distress either in a common Pound or in his ow● Ground if he will or in his Neighbors Ground by the License of his Neighbor and any place in which the Lord doth impound is the Lord's Pound but if any other person do impound any Cattle in his own Pound or his Neighbors he ought to give notice thereof to the other party that is to the Owner of them that he may give them meat if he will and then if the Beast die for want of food he that was distrained shall be at the loss and he that did distrain may distrain again for the same Rent or Duty Enquire also if any Inhabitant have overcharged the Common or High-ways or common Fields by putting therein more Cattel then they ought to keep or before the days agreed upon and present it fo● the Lord may distrain the Surplussage Damage Feisant There may also be made certain Orders by the Inhabitants one among another which none may break under such penalties as they agree upon between themselves Also you shall enquire whether any persons have digged any Holes or Pits in the High-wayes or whether any use commonly to break Hedges or suffer any Hoggs to go unringed or unyoked to the annoyance of their Neighbors and present the same Enquire likewise whether any person hath stopped any Water-course Way Ditch Path or Stile or turned any of them out of their way and present it have a care in this case you presentno man malitiously a foot or two to step about its not so great damage to any as to cause a suite more then the value of the land as some have done and after repented too late Also whether any Tenant hath made any incroachment upon any of the Lord's Land Meadow Pasture Wood Heath or other vacant Ground without the Lord's leave or hath set his Hedge or Pale beyond his due bounds present the same Also enquire whether any person hath plowed up or removed any Meerbanks Banks or removed any Bounds or Limits between one piece of Land and another and present it Also you shall enquire whether any person doth detain or keep away or detain any of the Lords Court-Rollsor Evidences and present the same Also if any person have Hunted Hawked Fished or Fowled in the Lor●'s Warren and present it Also you sh●ll enquire if any persons have taken any Eggs of the Lord's Swans out of their Nests and present their names Enquire also if any trespass be done in any of the Lord's Liberties either in his Corn Grass Meadows Pasture Woods Waters Ponds or Hedges or take or destroy any Aiery of Haws and present the same Enquire also if any Land be inclosed that ought to lye open without the license of the Lord and other Freeholders and present the same that the Tenants of the Mannor may not lose their Common thereof Enquire also whether any Tenant for life or term of yeers hath let any greater or longer estate in his Lands or Tenements then he hath therein it is a forse●ture of their Estates Enquire lastly if all the Defaults and Plaints presented at the last Court be sufficiently and duly amended and whether all the Orders and Rules made heretofore concerning this Mannor be observed and kept and present it and if you know any thing more fitting to be or that ought to be presented for the Lords profit or your own common good diligently enquire thereof as you are in con●cience bound according to the Oaths you have taken and are obliged to both by God and man studying as much as in you lits the general good and welfare on● of another and to that end of all matters given you in charge and here to be enquired of make a true presentment distinctly and plainly without malice in speaking more then is true or favor in concealing any one that is culpable against the truth The form and manner of proceeding in personal Actions both in the Court-Leet Court-Baron also the hundred Courts which is also a Court held generally every three weeks to hold plea in personal Actions where the debt or damages exceed not 40 s. by the Sheriff in many places or by his Steward if the King be Lord thereof or if it be a particular Lord by his Steward for the whole Hundred I say the Process of these Courts is Summons Attachment and Distress to be directed by Precept from the Steward of the Court to the Bayliff of the same where it lies in the choice of