a Justice of Peace being assaulted may commit the offender to prison Cro. 68. a. Lam. 134. Dal. 352. So Crompt thinketh that a Justice of Peace may record a forcible entry made upon his â—own possession and commit the offender Cro. 67. b. 68. a. nu 4. Justice of Peace chargeth one that maketh an assault or affray to keep the peace who answereth he will not the Justice of Peace may bind him to his good behaviour Dal 195. Justice of Peace must proceed by the prescript of the commission and statute Dal. 20. Where the statute referreth the trial c. 10 the Justice of Peace his discretion it seemeth he may examine upon oath Dal. 22 155. One Justice of Peace ought not to bind one to appear at the Q Sessions to answer his fault committed against a penal law except the statute of Labourers Lam. 187. Dal. 339. Every Justice of Peace is a conservatour of Rivers within his County Lam. 189. Justice of Peace not giving remedy to the party grieved in a cause that may be heard determined and executed by him upoâ— complaint to the Judges of Assize or the Lorâ— Chancellour is to be put out of commission bâ— the Lord Chancellour and punished accoâ—ding to his desert 4 H. 7. c. 12. Lam. 370. Crâ— 120. b. nu 6. Dal. 353. One Justice of Peace may command fresâ— suit hue and cry and search to be made by officers and others after thefts robberies injoyn watches for the arresting of suspecteâ— persons and night-walkers high-waies to bâ— enlarged that two Constables be chosen in every Hundred forbid Fairs and Markets iâ— Church-yards command all between 15 anâ— 60 to be sworn to the peace charge the Constable to arrest all such as be suspected to bâ— draw-latches wasters or robbers of men Lam. 185. Justices of Peace taking bond in his own name and not Domino Rigi in a cause touching the King is to be imprisoned 33 Hen. 8. c 39. Lam. 102 143. Justice of Peace at their Sessions are of equaâ— authority Lam. 385. Vide Cro. 122. a. nu 33. Justice of Peace must send his prisoner to thâ— common gaol Lam. 133. 5 H. 4. c. 10. A felon is brought before a Justice of Peacâ— upon suspition though it appear to the Justicâ— he is not guilty yet he may not set him at liberty but so as he may come to his trial Lam 233. Dal. 279 304 353. Cro. 40. b. nu 20. otherwise it will prove a voluntary escape iâ— the Justice for he is not to be delivered bâ— any mans discretion Dal. 8. Lam. ut supra A man is arrested for felony by a Constable or other who afterwards hath knowledge that there is no such felony done the opinion of Kâ—ble Comsby and Serjeant Frowick was that he might set him at liberty but if one be killed and another be arrested for suspition â—hough after he know the arrested is guiltâ—ess or was arrested for malice he ought not â—o set him at liberty but must be delivered by course of law otherwise it is felony Cro. 40. nu 20. b. Justice of Peace dwelleth or is in another county he cannot cause one to be brought before him out of the county where he is Justice into another county Dal. 23. Cro. 120. b. nu 12. What things Justices of Peace ought to do ex officio Record a demurrer upon the evidence Lam. 539. Give day to the party to bring in a Record that is before other Justices which is pleaded by way of justification Lam. 539. If thinking an enditement to be void they have discharged the prisoner paying his fees yet upon change of their opinion they may stay him any time before judgement Lam. 540. Justices of Peace ought not to suffer the King to be disadvantaged if they may lawfully prevent it Lam. 540. In absence of the Kings Atturney the Justices of P. may take issue with one that pleadeth a pardon that he is one of the parties excepted Lam. 540. Justices of Peace cannot acquit felons by proclamations but if no prosecution be theâ— are to keep them till the coming of thâ— Justices of gaol-delivery Lam. 550. Justices of P. may enquire of all manner oâ— felonies at the common law or given by any statute and of all manner of trespasse done against the peace of the King and of such trespasser wherein action of the case will lie â—â—â— trespass or deceit for in the end of the Wriâ— grounded upon the case it is contained contrâ— pacem nostram Cro. 8. a. nu 25. Justice of Peace shall be punished for conspiring with another to indict a stranger aâ— the Sessions but not for a thing done by hiâ— in Sessions as a Judge Cro. 122. a. nu 32. One Justice of Peace rebukes another neither he nor any of his fellow Justices can commit him for all are by one authority anâ— therefore hath no remedy if the King will noâ— remove him but if one Justice abuse anotheâ— in open Sessions it seems the rest may bind him to the Peace Cro. 122. a. nu 33. 134. b Lam. 385. Defaults against the statute 3 Hen. 6. c. 11. â—oâ— levying of wages for Knights of the shire arâ— to be heard and determined by enquiry foâ— the King or action for the party before thâ— Just of Peace Lam. 512. Justice of P. needs not to shew his commission by which he is made Justice when he justifieth the doing of any thing as a Justice for he is Justice of Record and the commission remaineth with the Custos rotulorum of the said County and he is called by the commission in open Assizes and Sessions Cro. 120. b. nu 13. Lam. 387. Justice of Peace hath a Record in his hands and is discharged of his office he cannot certifie the same without a Writ of Certiorari although he be made Justice afterwards Cro. 121. a. nu 15. 132. a. Justice of Peace may have his action of the Case against him that calleth him False Justice of the Peace It seemeth also that he may be indicted for they may enquire of all trespasses where a man may have his action of the Case Cro. 121. a. nu 21. 122. a. nu 29. Quicquid Justiciarius fecerit de Recordo â—gnoranter pro defectu scientiae non erit pro â—o punitus Sicut accidit de Seneschallo libertaâ—is Abbatis de Crowland qui colore libertatis de Infangthefe judicavit hominem mori contra â—egem pro eo libertas seisita fuit in manus Regis nulla poena Seneschallo Cro. 121. b. nu 24. â—usticiarius non potest puniri pro re per ipsum â—acta judicialiter sed Officiarii ut Vicecomes alli Officiarii be Recordo erunt puniti Cro. 122. a. nu 28. Justice of Peace certifieth into the Kings Bench that such a man broke the peace in â—is presence the party shall be put to his â—ne without any Traverse to the same Cro. â—32 a. Justice of Peace who is of the Quorum â—ught to
of a woman knowing her to be taken away contrary to the Statute 3 H. 7. cap. 2. Lamb. 285. Accessary in one County to a felony done in another County may be indicted where he becometh accessary 2 3 Ed. 6. cap. 24. Dal. 297. It is no good indictment against an accessary to say that he received the goods without saying he received the felon Lamb. 500. 291. Acquital vide Enditements Additions In every indictment or presentment where outlawry lieth the estate of degree or mystery the county town hamlet or place where the indicted dwelleth are to be added 1 H. 5. c. 5. Lam. 488. What shall be a good addition of degree or estate Duke Marquess Earl Vicount Archbishop Bishop Baron Knight Serjeant at law Esquire Gentleman Alderman Widow single Woman Dean Arch-deacon Parson Doctor Clark Parish-clark Lam. 488 489 490. What not Such as are common to many degrees as to Gentlemen and Yeomen are uncertain as Farmer Servant Butler Chamberlain Lam. 489. Cro. 109. a. 6. nu 8. What shall be a good addition of mystery Chopchurch Merchant Groâ—er Mercer Tailor Broker Husbandman Hostleâ— Lighter-man Waterman Labourer Laâ— 489. What not That which is no mystery nor degree â— Citizen nor any unlawful trade as Extortioner Maintainour Vagabond Heretick Dicer Carder c. Lam. 489. Addition of degree or mystery must be as the party then is But addition of the place may be such whereof he was Lam. 489 490. Additions Br. 41. Addition of degree and mystery must be knit to the proper person Lam. 489. The Statute of the 1 H. 5. cap. 5. of additions doth not extend to informations Lamb. 510. What shall be a good addition of Place Either of the Town or Parish if they be both of one name Lam. 490. Of the Town onely where there be two Towns in one Parish Lamb. 490. Either of the Town or Hamlet if there be two Hamlets in one Town Lam. 490. Of the Town if the person be of a place known within the Town Lam. ibid. Addition must comprehend the County Town or Hamlet whereof the party is or was Lam. ibid. What not Of the place where he is Parson without â—â—ming the place of his aboade Lamb. ibid. Affray and Affrayers An Affray may be without word or blow â—s to be armed with armour or weapon not â—sually born Lam. 126. It is no affray properly unless there be some weapon drawn or stroke given or offered to be given or some such attempt Dal. 34. Constable or other Officer may lay no hands on any intending to make an affray till weapon drawn or offer of blow Dal. 34. Lam. 132. Cro. 146. a. An affray is in an house and the doors are shut the Constable may break into the house to see the peace kept Dal. 34. If the Affrayers flie into another house in to a Franchise or other County the Constable upon fresh suit may pursue them but cannot meddle out of the County but as a private man Dal. 34. Affrayer may be commanded by the Constable or other officer to avoid upon pain of imprisonment And if the affray be great they may make proclamation and command the parties to prison for a small time whom he must deliver without fine Lamb. 132. Dal. 34. After an affray a Justice of Peace may commit the offenders till they finde sureties if the affray were in his presence if out of his presence he may send his Warrant and commit them till they do finde sureties Vide Surety of the peace If a man be dangerously hurt and the wound mortal although the Justicâ— of Peaâ— may bail the offender yet it is the safest waâ— to commit him till there appear some hopâ— of recovery Dal. 35. If an assault or affray be made upon Justice or Constable they may defenâ— themselves The Justice may cause them to be arrested the Constable may commiâ— them to the Stocks and after carry them before a Justice of Peace Dal. 35. Vidâ— Peace An affray is in a corporate Town which hath Justices within it self while the Sessions be held there the Justices of Peace shall not meddle there but it is otherwise at the Assises Cro. 146. b. Every private man present at an affray assault or battery may part them stay them that come to the affray with weapon stay the affrayers till the heat be over and then deliver them to the Constable but may not commit them unless one of the affrayers be in peril of death And if he flie into a house upon Hue and Cry break open the house and take him Dal. 33. Lamb. 131. Cro. 146. a. Vâ—de plus Constable Agnus Dei Crosses Beads c. If any person to whom any of these or any other superstitious things from the See of Rome or authority thereof be offered do disclose the name dwelling or place of resort of such offerer or deliverer to any Justice of Peace of the same Shire the same Justice must within fourteen daies next after declare the same to some one of the privy Councel â— pain of Praemunire 13 El. cap. 2. Dal. 105. â—â—e plus Treason Misprision and Praemunire Alehouses Two Justices one being of the Quorum â—ay licence one to keep a common Ale-â—ouse taking bond with good surety for â—ood rule to be kept in his house 5 Ed. 6 cap. 25. And an Alehouse-keeper put down by two such cannot be allowed by any other two but in open Sessions Dal. 29. Twelve pence is given to the two Justices of Peace for taking a recognizance of him that is allowed to keep a Common Alehouse 5 Ed. 6. cap. 25. Lam. 370. Condition of a recognizance for an Alehouse Lam. 354. He that keepeth an Alehouse of his own authority without licence of two Justices one being of the Quorum or after prohibition of two such Justices may by two such Justices be committed to prison for three daies without bail and till he be bound with two sureties to keep none after Dal. 29. Lam. 354. Vide Stat. 3 Car. 3. which alloweth selling of beer and ale in Fairs though unlicensed As also the punishment of persons unlicensed Information of the offence and recognizance taken by two Justices one being of the Quorum of an Alehouse kept against the Statute of 5 Ed. 6. ca. 25. and certified by them to the Sessions is a sufficient conviction without further trial at the Sessions and they may assess the fine of 20 shillings without making process against the offender Lam. 572. Information made in Sessions that an Alehouse-keeper hath done an act whereby he hath forfeited his recognizance they may award process against him to shew why he should not forfeit his recognizance Quaere what process Lam. 524 529. Enquiry whether Alehouse-keepers have forfeited their recognizance ought to be at the Quarter-Sessions 5 Ed. 6. 25. Fines imposed by the Stat. of 5 Ed. 6. cap. 25. concerning Alehouses cannot be altered by the Justices of Peace 5 Ed. 6. c. 25. Lam. 578. Justices of Peace
Justices of the shire may meddle there Lam. 68 69. The making of a new commission is no determination of the old till it be read or proclaimed at some Session or in a full County or at the Assizes Dal. 11. Lam. 69. The old commission determining by a new no process or suit hanging before the old commissioners is discontinued thereby Dal. 12. Cro 189. a. Lam. 69. Accession of a higher title taketh not â—way the authority of a Justice of Peace Dal. 9. Cro. 188. a. Lam. 70. A new commission to here and determine felonies determineth the old commission of the Peace but not concerning the Peace Lam. 72. Brook Commission 8. A Justice of Peace in making justification by virtue of his office needeth not to shew the commission of the Peace because the keeping thereof belongeth to the Custos Rotulorum Lam. 387 388. Cro. 120. b. nu 13. By 17 R. 2. c. 10. in every commission of the Peace two men of law amongst others are to be assigned viz. to proceed to the deliverance of felons Dal. 50. Two were joynt commissioners and it is presented that one onely sat and fined the Countrye and it was held void But if one sit and it is recorded that it is done before both it is good So of Justices of Peace Cro. 121. a. nu 19. 189 a. for averment shall not be taken against the act of the Justices or Commissioners Cro. 189. a. A Justice cannot be made by writ but by commission but may be discharged by writ which is in nature of a Supersedeas Brook Commis nu 18 If the Justices in Fire after Proclamation made do come into the Country and sit there by vertue of their authority then ceaseth the power of the Commissioners of Peace And so likewise if the Kings Bench should remove into the County Lam. 71. vide Cro. 188. b. 189. a. Brook Commiss nu 18. But Lambert maketh a Quaere for that Justices of Nisi prius do ordinarily bring a Commission of Oier and Determiner Lam. 71. and yet no determination of the Commission of Peace And Brook Commis 8. and Cro. 188. b. Vn novel Commission de oyer terminer felonies determine le ancient Com. del P. quant al Oyer c. felonies mes nemy quant al Peace Et issint vide Commis determine in part remain pur le remnant Commons Commons in Forests and elsewhere must be driven yearly within 15 daies after Michaelmas by the owner or officers on pain of 40 shillings a time 32 H. 8. c. 13. Lam. 483. Vide plus Horses If any Minister have refused to use the Common Prayer or to minister the Sacraâ—ents according to the Book of Common â—rayer in such order and form as is mentionâ—d in the said Book or wilfully standing in â—he same have used any other form in open â—rayer or in administration of the Sacraâ—ents or spoken any thing in derogation of â—he said B. or any part thereof for the first â—ffence it is loss of his spirituall living for a â—ear and imprisonment for six moneths â—ithout bail for the second deprivation and â—mprisonment for a year for the third deâ—rivation and imprisonment all his life 1 El. â— 2. 23 El. c. 1. Lam 417. Any having in play song or rhyme or by my open word spoken in derogation of the â—ook of Common Prayer or any thing thereâ—â— contained or having caused or maintained â—ny Minister to say any other Common Prayâ—r or minister Sacraments in other manner â—r interrupting any Minister to say open â—rayer or administer the Sacraments accorâ—ing to the said Book he loseth 100 Marks â—r six moneths imprisonment without Bail â—or the first offence and for the second 400 Marks or twelve moneths imprisonment and â—or the third all his goods and imprisonâ—ent for his life ibid. Concealment vide Jurors Confession After a free confession of an indictment and submission to fine in an action at the paâ—ties suit for the same trespass he shall â—â— plead Not guilty otherwise of a confessioâ— Jub modo as when he putteth himself â—â— gratia Regis Lam. 530. Quaere whether if he once make a fine â—â— shall not be estopped to plead Not guilty Alâ— whether the Justice of Peace may drive tâ—â— party either to an absolute confession or â— his traverse ibid. The voluntary confession of an offender against the statute 1 Jac. c. 9. 4 Jac. c. 5. beforâ— a Justice of Peace is a conviction and afteâ— confession his oath is sufficient proof againâ—â— any other offending at the same time 21 Jac c. 7. Dal. 26. Conjuration Conjuration of wicked spirits is felony 5 El. c. 16. Lam. 227. Vide plus Witchcraft 1 Jac. c. 12. Conservers of the Peace Coroners are Conservers of the Peace and may in some cases imprison Lam. 395. Constables are Conservers of the Peacâ— within their limits Dal. 2. Lam. 14. Constables Every Constable at the Common law before the statute 3 H. 7. c. 3. 1 2 P. M. c. 13. might bail one suspected of felony by obligation or take surety of the Peace by obligation or commit him to prison that made an affray till he found sureties Lam. 15. Constables or other Officers may lay no hands on two intending to fight till weapons drawn or offer of blow Lam. 132. Constable hurt in parting an affray may have an action against the affrayer so may any other officer but the affrayer can have none against them Lam. 132 133. Constable or Officer presented at the Sessions for not endeavouring to part an affray being present shall deeply be fined Lam. 133. Not so if he be told of it being absent Dal. 33. at quaere contra Cro. 146. b. Two fighting in a house the doors being shut the Officers may break open the doors to see the peace kept Lam. 133. Constable taking an affrayer must imprison him in the stocks not in his house and that till he may provide to carry him to the Goal Lam. ibid. or to a Justice of Peace Lam. 133. Dal. 33 35. Constable or Justice if need be may command aid of the Kings people for pacifying an affray Lam. 134. Constable or Officer may desend himself and apprehend and impâ—ison the party that shall make an affray upon him Lam ibid. Dal. 35. Cro. 147. a. One Justice of Peace may command that two Constables be chosen in each Hundred Lam. 186. Vide plus Affray Arrest Rogues High-Constables at their petty Sessions for an affray made in disturbance of the Court may imprison the offenders Dal. 3. Cook 11 43 44. Chusing of High-Constables useth to be at the Quarter Sessions if out of Sessions by the major part of Justices of that division where they dwell and use to be sworn at the Sessons or by warrant from the Sessions Dal. 46 Vide plus Prison Conventicles Those are sometimes called Conventicles wherein many do impart with others theâ— meaning to kill a man or to take another part in all things Lam. 173.
Horse-bread In-holder or Alehouse-keeper may be compelled by a Constable to lodge strangers Dal. 28. In-holder that suffereth a non-inhabitant to tipple in his house shall incur the penalty limited 1 Jac. c. 9. 1 Car. c. 4. In-keeper Taverner Victualler is within the statute 1 Jac. 9. c. 4. Jac. c. 5. 1 Car. c. 4. Inmates vide Cottages Inrolement One Justice of Peace may joyn with the Clark of the Peace in taking an inrolement of an indenture of bargain and sale of lands c. lying in the same county and either of them is to have 12 d. if the land exceed not in value 40 shill a year and if it do then 2 shill 6 pence a piece and taking above fined 27 H. 8. c. 16. Lam. 196 369 393 436. Issues The Sheriff that gathereth other estreats of issues then of right are due forfeiteth 5 marks to the King as much to the party 27 El. c. 7. Cro. 201. a. Lam. 432. Forfeitures of issues by â—urors are to be levied by records of execution awarded by the Justices of Peace 27 Eliz. c. 7. Lam. 585. Judgement Ambiguity arising in judgement betwixt the Justices of Peace they shall forbear to proceed till the Judges come but if they will proceed the judgement is not void but must be reversed Lam 568. the commission it self Where the statute appointeth a punishment there judgement must be according to the statute Lam. 570. Upon trespass riots and such other offences where no forfeiture is prescribed judgement is to be taken and ransomed Lam. 570. Vide plus the several offences Juglers vide Licence Jurors Jurors both for enquiry and trial ought to be Probi legales homineâ— Lam. 396. What persons may not be Jurors and being Jurors make presentments void unless there be twelve besides 1. Attainted in conspiracy 2. Attaint 3. Decies tantum 4. Subornation of perjury 5. Concealment they be not probi their presentment void unless there be twelve besides them that are not blemished Lam. 396. 6. Outlawed 7. Abjured 8. Condemned in a Praemunire 9. Attainted of treason 10. Felony c. ibid. 11. Women 12. Infants under 14 years of age 13. Aliens 14. Clergy-men ibid. Jurors must be inhabitants or free-holders within the County to the value of 40 s. per annum but in Cities and Boroughs to the value of forty shill in goods Lam. 396 397. Jurors for trial of an indictment within the County Palatine of Lancaster must have 5 pound per annum ib. Juror 70 years old or decrepit returned by the Sheriff must serve if the Just will but he may sue the Sheriff upon the Statute of Westminister 2. c. 38. Lam. 397. Juror exempted by Charter with these words Licet tangat nos is to be discharged upon his appearance but he ought to shew it to the Sheriff ibid. When there is want of sufficient Jurors no exemption can discharge ibid. Presentment is good though some of the Jurors be allied to him that procureth the presentment but it is no discretion in the Justices to suffer any such to be impanelled Lam. 398. If the particular Juries for the hundred cannot be supplied by those of the hundred it is better to take Tales de circumstantibus of other hundreds then to be renewed with a Tales from Sessions to Sessions Lam. 398. Jury of one hundred may present an offence done in another hundred Lam. 399. Justices may command the Sheriff to alter the panel he refusing forfeiteth 20 pound ibid. 3 H. 8. c. 12. All the Jurors must be sworn otherwise â—heir presentments are void but the Record â—eing that all the Jurors were sworn the preâ—ntments are good though all be not sworn â—am 399. Juror after he is sworn upon cause may be â—emoved by the Justices Lam. 400. Jury after swearing adjourned to another â—ime may be then sworn again ibid. Jurors of enquiry must be twelve but there â—ay be more and it is best to have them odd Lam. 400. If twelve Jurors do agree the residue canâ—ot gain-say ibid. Juries of enquiry ought not to be commitâ—ed to a keeper not kept without victuals nor â—arried out of the town but may be adjourned to another place to give up their verdict Lam. 400. Jurors which do wilfully conceal offences presentable and which be complained of by bill may be enquired of by persons whereof every one may dispend forty shill per annum and such concealment being found within a year after every Juror shall be amerced in open Sessions 3 Hen. 7. c. 1. Lam. 400 401. Jurors that discover what they have done are to be fined Lam. 402. Juror taking any thing to make a favourable presentment shall be imprisoned and ransomed Lam. 441. Cro. 84. a. 5 Ed. 3. c. 10. No Juror to be returned without an addition whereby he may be known 27 El. c. 7. Lam. 432. Vide plus Challenge Justices of the Peace Justices of the Peace were created 1 El. 3. c. 15. Dal. 6. Lam. 20. Justice of Peace is Judge of Record Dal. 7. Cro. 120. a. nu 1. Lam. 62. He may take a recogniz of Peace which none can do but a Judge of Record Dal. 8. Lam. 186. Crom. 196. a. num 1. His warrant is not disputable by the Constable but it is to be understood when the Just of Peace hath jurisdiction of the cause Dal. 8. Cro. 147. b. Lamb. 65 91. His testimony in some cases is of as great force and in some cases greater then an indictment of 12 men upon oath as in the cases of force riots presentments of high-waies Dal. 9. Lam. 65. The authority granted to the Justices of P. by commission doth determine by death of the King or at the Kings pleasure As to be discharged by Writ under the great Seal 2. By Supersedeas 3. By granting a new commission and knowledge thereof Dal. 11. rom 188. a. Lam. 69. 2. By publishing the new commission at Assizes or Sessions or any County Court 3. By holding open Sessions by virtue of the new commission Dal. 11. Cro. 188. a. Lam. 69. 4. By accession of another office as being Sheriff or Coroner of the County Cro. 121. nu 13 14. but so doth not the addition of a greater name of dignity as Knight Serjeant at Law Cro. 188. a. Exercising the office of a Just of Peace before oath taken is fineable Dal. 15 352. Justice of Peace hath not authority but in the County where he is Justice Dal. 23. Justice of Peace is not to meddle with offences done out of the County except some statute enable him or some matter of Peace or Felony Dal. 23. Cro. 120. b. nu 12. Justice of Peace is not to intermeddle in any City or Corporation which have their proper Justices Dal. 23. Crom. 8. a. nu 30. 181. b. 189. a. Lam. 47. Cro. 121. a. nu 20. 1 2 P. M. c. 18. Justices of P. ought not to execute their offices in their own case Dal. 352. Cro. 68. a. nu 4. Yet
or market-town or hath curried any leather not well tanned or not throughly dried after his wet season or hath used in such wet season any deceitful means to corrupt the same or hath curried any outward sole-leather with any other stuff then hard tallow or less of that then the leather will receive or inner loose-leather or upper leather but with good stuff being fresh and not salt or hath not liquored them thoroughly or hath scalded or shaven too thin or gasht in shaving or otherwise or not wrought sufficiently any leather loseth six shillings eight pence and the value of every skin marred except gashing in shaving and for such gashing double as much as the leather is impaired 1 Iac. cap. 22. Lam. 465. Currier that during the time that he useth â—urrying useth the fear of a tanner cord wainer shoemaker butcher or other artificer using cutting of leather loseth 6 shillings 8 pence each hide ibid. Currier refusing to curry within 8 daies in summer and 16 daies in winter perfectly any leather brought by any outter of leather or his servant bringing with him good stuff for perfect liquoring of the same loseth 10 shillings for every hide Shoemaker that maketh any Boots Shoes Buskins Startups Slippers or Pantofles or any part of them of English leather wet curried other then Deer Calves or Goats-skins dressed like Spanish leather but of leather well tanned and curried or well tanned onely and well sewed with thred well twisted waxed and rosined with the stitches hard drawn with hand leathers without mixing neat and calves leather in the over-leather thereof or hath put into any shoes books c. any leather made of sheep-skins bull-hide horse-hide or into the upper-leather of any shoes slippers or pantofies or into the neather part of boots the inner part of the shoes onely excepted any part of the womb shank neck flank pole or cheek of any hide or into the outer sole other then the best of the oxe or steer hide or into the inner sole other then the necks womb pole or cheek or in treswels of the double-soled shooes other then the flanks of any the said hides or hath put to fale any year between the last of September and the twentieth oâ— April any shoes boots c. meet for any person above four years old wherein hath been any dry English leather other theâ— calves or goats-skins dressed like spanish leather or hath shewed for sale any of his ware upon Sunday loseth 3 shill 4 pence for every pair and the just value 1 Iac. cap. 22. Lam 465 466. Every Lord of fair or market that doth not appoint and swear yearly two or threâ— honest and skilful men to be searcheâ—â— and sealers of leather there and siâ— honest and expert men to try the samâ— leather loseth 40 pound Lam. 466. Sucâ— triers as do not their duties therein with out delay lose 5 pound for default Lam 467. Searcher or sealer so appointed refusinâ— with speed to seal good leather or allowinâ— insufficient leather loseth 40 shill or receiving any bribe or exacting any undue fee foâ— execution of his office loseth for every offencâ— 20 pound or refusing to execute the said office being duly elected loseth 10 pound Lam 467. He that will not suffer a searcher to enteâ— into any place to search tanned leather or wrought wares or to seize or carry away that which is insufficient or hath put away any â—anned leather red and unwrought without â—egistring the same and the price thereof loseth the value of the leather Lam. 467. 1. Jac. cap. 22. Leets Steward of a leet cannot grant surety of the Peace unless it be by prescription but he may commit him to ward that shall make an affray in his presence whilest he is in execution of his office or bind him to the peace or to his good behaviour Lam. 14. He may also take presentment of an offence against the peace ibid. In every leet or market there ought to be a pillory and tumbrel and for want thereof the Lord of the leet or market shall make a fine to the King Dal. 151. Cro. 149. Lent vide Fish-daies Liberties and Franchises Liberties and Franchises be such which have return of Writs and not such as are Counties of themselves as London York Norwich c. not towns which have by grant of the Kings Justices of Peace so that no other Justice do intermeddle Cro. 8. a. nu 30. Dal. 23. 2 3 P. M. c. 18. Justice of Peace may execute his authority within any liberties not being a County within it selfe and it is good but the liberty may have their remedy against him Lam. 47 48. Dal. 23. Cro. 8. a. nu 30. 181. b. 189. â— Libellers A man finding a Libel against a private man must presently burn it or deliver it â—â— some Magistrate Dal. 195. If against a Magistrate or publick person to deliver it to some Magistrate that by examination the author may be found out Dal. ibid. Libellers it seemeth may be bound to their good behaviour as disturbers of the peace whether they be contrivers procurers or publishers of the libels for such libelling and defamation tendeth to the raising of quarrels and effusion of bloud and special occasions to the breach of the peace Dal. 194. Libelling is by scandalous writings by book ballad epigram or rhime 2. by scandalous words as scoffs jests taunts or songs 3. by hanging up of pictures or signs of reproach neer the place where the party traduced doth converse most as gallows Cucking stool pillory horns or such like Dal. 194 Cook 5. fol. 125. Licenses Two Justices of the Peace may licence poor diseased persons to travel to the Baths for remedy of their grief so as they be provided of relief for their travel and beg not 39 El. c. 4. Dal. 101. Lam. 332. 1 Iac. c. 25. Justice of Peace dwelling neer where any person having suffered ship wrack shall land may and ought to make a testimonial under his hand to such persons of the landing c. and thereby to licence them to pass the next direct way to their place of birth or dwelling and limit them a convenient time for their passage Dal. 100 127. Lam. 303. 39 El. c. 4. 39. El. c. 17. 1 Iac. c. 25. No Justice or Justices of Peace as it seemâ—th can in any case licence any poor man to wander beg at all Dal. 101 127. Lam. 303. â—9 El. c. 4. 17. Convicted for abusing of a licence of transportation of victual shall be committed for a year without bail or mainprise Lam. 349. 1 2 P. M. c. 5. Licences for badgers drovers c. are to be granted in open Quarter Sessions by three Justices of Peace whereof one of the Quorum and shall not endure above a year unless the same be yearly renewed 5 6 Ed. â— 14. 5 El. c. 12. Lam. 610. Vide Badgers Linnen cloth He that causeth to be used any racking beating or casting any deceitful
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
said Justices and Sheriff or Under-sheriff under their seals Dal. ibid. The said two Justices or one of them may examine the defaults of collectors of Sheriffs amerciaments whose finding of default is a sufficient conviction and forfeiture of forty shillings the examination to be certified into the Exchequer Dal. ibid. The said Justices upon information of the party grieved may make like process as in action of trespass against the Sheriff c. to appear then to answer the said information or suggestion Dalt 138. Sheriff ought to be at the Sessions to return his precept and keep the prisoners Lam. 395. In these cases following the Sheriff c. doth forfeit 40 pounds and treble damages to the party grieved 23 Hen. 6. c. 10. Lam. 430 431. 1. Sheriff that letteth his Bailiwicks or any of his hundreds 2. Or returneth in any panels any Bailiffs officers servants or servants servants 3. Or refuseth to bail those that are bailable offering sufficient surety 4. Or taketh any obligation by colour of his office but onely to himself and upon the name of his Office and upon condition only to appear according to the writ or warrant 5. Or having taken for an arrest above 20 pence 6. Or above 4 pence for any obligation warrant or precept 7. Or he or any other minister having taken any thing for making any return or pannel 8. Or above four pence for the copy of a pannel 9. Bailiff for taking above four pence for making an arrest 10. Goaler taking above four pence of any committed to his ward upon arrest or attachment 11. Sheriff or his ministers that shall levy any of the Kings debts without shewing â—he party the estreats under the Exchequer â—eal shall be fined and pay treble damages to the party 7 H. 4. c. 3. 42 Ed. 3. c. 9. Lamb. 432. 12. Sheriff or other his minister arrestâ—ng imprisoning ransoming of or levying any amerciaments by reason of any Indictments or presentments made in the Sheriffs turn without process first obtained from the â—ustices of Peace or that hath not brought â—n such indictments and presentments to the Justices of the Peace at the next Sessions loâ—eth 10 pound Lam. 431. 1 Ed. 4. c. 2. Sheriff or any other who may make return of any writ that returneth any Juror without true addition of the place of his aboad or within a year next before or without some addition by which the Juror might be well known loseth 5 marks to the King and â—â— marks to the party 27 El. c. 7. Lam. 432. Sheriff or goaler denying to receive felons by the delivery of any Constable or Township or having taken any thing for receiving such is fineable 4 E. 3. c. 10. Lam. 434. Sheriff Bailiff or other officer or person refusing to pay over to the Churchwardens c. the moiety of the forfeitures by the statute of 4 Jac. against uttering of beer or ale to ale-house-keepers unlicensed forfeiteth double value 4 Jac. c. 4. Lam. 434. Justice of Peace being chosen Sheriff his authority of Justice is suspended during his Sheriffwick but after another is chosen and sworn his authority as a Justice of Peace is as it was before without any new oath except he be left out of the commission Dal. 11 12. Cro. 121. a. nu 13 14. Shoes Making shoes pantofles c. contrary to the rules prescribed in the stat loseth 3 shill 4 pence for every pair of shoes c. and the value of them 1 Jac. c. 22. Lam. 465. Shewing of boots c. on the Sunday with intent to sell them loseth 3 shill 4 pence and the value of them 1 Jac. c. 22. Lam. 466. vide Leather Shooting Any under the degree of a Lord of the Parliament shooting within any City or Town at any fowl or other mark upon any Church or dove-coat or any shooting in any place any hail-shot or moe pellets then one at a time every time offending forfeiteth 10 pound and imprisonment for three monâ—ths 2 Ed. 6. c. 14. Vide Archery Cross-bows Partridges Silk vide Apparel Sope vide Vessels Souldiers Souldier serving the King by sea or land doth willingly give purloin or put away any horse or harness wherewith he was set forth or being taken from other souldiers was appointed to him upon complaint thereof to a Justice of Peace he shall be committed without bail till he have made satisfaction unless he have been formerly punished by the General or other or shew forth in writing under seal the lawful loss thereof 2 3 Ed. 6. c. 1. Lam. 194. Souldiers passing out of the Realm to serve any forein Prince not having before their passage taken the oath of allegiance before the officer appointed thereunto it is felony 3 Jac. c. 4. Dal. 288. Souldier being a Gentleman or of a higher degree or Captain or other Officer in Camp passing to serve any forein Prince c. before they be bound to the King with two sureties before the officer appointed not to be reconciled to the Pope c. or to consent to any conspiracy against the King but to disclose all conspiracies upon knowledge thereof c. it is felony ibid. Souldier entred upon record and having taken press-money and that departeth without licence it is felony 7 H 7. c. 1. 3 H. 8. c. 5. Dal. 288. or if they depart without licence after they have served in the Kings wars 2 Ed. 6. c. 2. Dal. ibid. So of marriners and gunners that have taken press-mony to serve the King on the sea and come not unto or depart from the Captain without lâ—cence it is felony 5 El. c. 5. Dal. 288. In these cases following by the statute of 39 El. c. 17. souldiers and mariners do become felons Dal. 288. Such which set not themselves to some lawful course of life but wander up and down idly not having a lawful testimonial if they come from beyond sea from some Justice of Peace near the place of their landing expressing the place and time of their landing the place to which they are to pass and a time limited for their passage or having such a testimonial if they shall exceed the time limited To forge or counterfeit such testimonial or to have a forged testimonial knowing that it is forged Or being retained in service after his arraignment c. if he depart within the year without licence of his master Poor souldier or mariner or sea-faring man suffering shipwrack may have a licence from a Justice of Peace next to his landing to pass to the place of his repair and may ask and receive necessary relief in his direct passage within the time limited to him 39 El. c. 4. 39 El. c. 17. Dal. 126. Lam. 303. 21 Jac. c. 28. Every parish is to be taxed to the relief of disabled souldiers by the greater part of the Justices at their Quarter Sessions next after Easter so as no parish be above ten pence nor under two pence weekly to be paid so as the
if he refuse to findâ— sureties to carry him to prison Dal. 186. The party attached can be bound onely â—â— fore him that sent out the Warrant Dal. 186 The Justice is to execute the Supplicavit aâ— it directeth Dal. 187. If the sums be left to discretion it is safe tâ— take good summes Dal. ibid. After sureties taken the Just may make him a Supersedeas Dal. 187. The Justice needs not return the Supplicavit nor make certificate until a Certioraridâ— come to him Lam. 109. Dal. 190. Supremacy To refuse the oath of supremacy the firâ—â— offence is Praemunire the second Treason â—â— Eliz. cap. 1. Surety of the P. is the acknowledgement of a recognizance to the King taken by a competent Judge of record for the keeping of the Peace Dal. 161. Lam. 75. Every Justice of Peace may take and comâ—and the Peace either as a Judge or a Miniâ—â—er Da. ibid. Justice of Peace may command surety of â—e Peace either of his own discretion â—â— at the prayer of another In what cases a Justice of Peace may command surety of the Peace by his own discretion Dal. 162. 1. One that maketh an affray upon the Juâ—â—ice himself or an assault 2. Such as in his presence make an affray â—pon another or offer to strike another 3. Such as in his hearing shall threaten to â—ill beat or hurt another or to burn his house 4. Such as in his presence contend only in â—ot words 5. Such as in his presence go or ride armed â—ffensively or with unusual number of serâ—ants or attendants and servants and laâ—ourers that bear any weapons contrary to â—he statute of 12 Ric. 2. c. 6. 6. Any person by him suspected to be inâ—lined to break the Peace 7. If the Constable bring one before him â—hat shall threaten to kill maim or beat anoâ—â—her 8. If the Constable bring one who in his presence attempted to break the Peace by drawn weapon striking or assaulting another 9. Whom the Constable findeth fighting or quarrelling in a house he may break open â—he door and bring them before a Justice of Peace to be bound 10. He may make his warrant for such â— have made an affray and bind them to thâ— peace 11. If one have received a wound he maâ— bind the one and the other till the wound bâ— cured and the malice over 12. Such as go or ride armed offensivelâ— to fairs or markets or wear or carry dags oâ— pistols charged 13. Common Baretors Dal. 163. 14. Rioters 15. Him that standeth bound to keep thâ— peace and hath forfeited his recognizance bâ— breach of the peace but not till he be convâ—cted and the forfeiture levied Dal. 163. Yâ— Cro. 141. saith that he may be bound â— new if he be only convict for breaking thâ— peace 16. Him that standeth bound if his suretiâ— be insufficient Just of Peace is to send to prison him thâ— refuseth to give sureties until he find surâ—ties Dal. 163. Cro. 138. b. nu 8. Justice of Peace may cause one to be aâ—rested to finde surety of the peace against another and grant a warrant for it for â—â— might have bound him of his own authoritâ— Dal. 163. Justice of Peace may perswade a man â— require surety of the peace against anâ—ther and grant a Warrant for it for â—â— might have bound him of his own authâ—rity Lam. 78. Dal. 162 336. At the request of another â—e may commanâ— surety of the peace but must first take an oâ—â— of the party that demandeth the peace thâ— â— standeth in fear of his life or of some bodiâ— hurt or to have his house burnt Lam. â— Dal. 163. Sureties in a recognizance ought to be â—wo and registred in Subsidy for though â—ome may be sufficient which were not asâ—essed yet it standeth not well together that â—e should be bound to the King in 10 li. or â—o li. that in Subsidy was not found worth â—ny thing Dal. 175. Justices of Peace in Sessions may exaâ—ine sureties upon oath of their sufficiency Dal. 175. â—uses to require surety of the Peace 1. He that is threatned to be hurt in body â—â—o be beaten wounded maimed or killed â—â—l 164. 2. He that feareth another will beat â—und maim or kill him Dal. ibid. 3. He that feareth another will burn his â—use Dal. ibid. 4. He that feareth that A. will procure aâ—her to hurt him in his body or burn his â—use Dal. 164. 5. If a man lie in wait to beat kill or hurt â—other Dal. ibid. Quaere if he threaten to burn his goods In what cases a man shall not have the Peace granted 1. To threaten one to imprison him Dal. â—4 Lam. 82. Cro. 135. a. Quaere tamen Br. â—ace 22. 2. Where one is in fear that a man will hurt his servant cattel or other goods Dal. 16 Cro. 138. a. Lam. 83. but he may have a wrâ—â— out of the Chancery Dal. seemeth to be â— the other opinion 164. 3. Because he is at variance with â—â— neighbour Dal. 164. Lam. 83. 4. Where there is no fear of present future danger Dal. 164. Lam. 84. 5. For a battery past yet a Justice if â— see cause may bind over the affrayers Dâ—â— 165. Pax Regis 14. Justice of Peace may deny to grant sureâ— of the peace if it be upon meer vexatioâ— yet if the party will take his oath it is nâ— safe to deny it Dal. 165. yet afterwards peâ—ceiving it to be of malice and for vexaâ—â—on he may bind the party so requiring it his good behaviour Against whom surety of the Peaâ—â— may be granted Against a Knight or any person under â— degree of a Baron Dal. 166. Against Sheriff Coroner Escheator â— other officer of Justice But it is not goâ— to bind them versus cunctum populum Dâ—â— 166. Lam. 80 81. Against any Ecclesiastical person not â—â—ing divine Service in the Church or Churâ—â—yard or other place dedicated to God Dâ—â— 166. 50 Ed. 3. c. 5. 1 R. 2. c. 15. One Justice of Peace may grant the surâ— of the peace against his fellow Justices thoâ— sitting in Sessions Cro. 134. b. Dal. 1â— Lam. 80. One Justice of Peace may demand the â—eace against another man Lam. 81. Dal. 67. The wife may demand the peace against â—er husband if he threaten to kill her or â—utragiously beat her or she have notorious â—â—use to fear it and the husband may crave â—e peace against his wife Dal. 167. Lam. 78. â—â—o 133. b. The peace may be granted to a feme covert â—â— an infant under the age of 14 years if he â—ave discretion to crave the peace but they â—ust be bound by sureties and an infant unâ—er that age may demand it Dal. 167. La. 79. A Lunatick may crave the peace and have â— granted him Dal. 167. Lam. 79. It may be granted against one attainted â—â—ther of treason or of felony or convict of â—eresie Dal. 168. and they may demand it â—am 79. It may be had against an excommunicate â—erson Dal. 168. and an
151. Lam. 461. The penalty is 3 shill 4 pence for each one Victuals and Victualler If Butcher Fishmonger Inholder Tipler Brewer Baker Poulterer and other seller of victual do sell at unreasonable rates and not for moderate gain they lose double value Lam. 454. 23. E. 3. c. 6. 13. R. 2. c. 8. Brewer selling drink at higher prices then have been appointed by the Justice of Peace loseth after the rate of 6 shill a barrel 23 H. 8 c. 4. Lam. 455. Conspiracy or oath taken or promise made by Butchers Bakers Brewers Poulterers â—ooks Fruiterers or any mystery or any of them not to sell but at prices agreed between them the first offence 10 pound or 20 daies imprisonment the second 20 pound or Pillory the third 40 pound or lose an ear 2 Ed. 6. c. 15. Lam. 455. To sell swines flesh mezelled or flesh that died of the murrain or other corrupt victual Stat. de pistoribus cap. 7. 51 H. 3 Lam. 455. is fineable Any except victualerâ— in their houses buying to sell again by retail butter or â—heese unless it be in open Fair or Market loseth double value 3 Ed. 6. cap. 21. 14. El. cap. 11. 27 Eliz. cap. 11. Lam. 456. 1 Jac. cap. 25. Process upon the statute of 23 H. 6. c. â—3 against victuallers is attachment Capias and Exigent Brewer or other selling of ale or beer unto any unlicensed Ale-house-keeper other then for necessary provision for his own house-hould loseth after the rate of 6 s. 8 d. a barrel one moiety to the poor the other to the informer to be heard and determined at the Quarter Sessions 4 Jac. c. 4. Lam. 460. The officer levying the penalty of 4 Jac. cap. 4. and not delivering the moiety to the Churchwarden or Overseers of the poor or not distributing it within convenient time after receipt forfeiteth the double to be recovered as the penalty 4 Jac. c. 4. Victualler is within the statute 1 Jac. c. 9. 4 Jac. c. 5. 1 Car. c. 4. Vide Transportation Ale-houses Tipling Under-Sheriff Custos Rotulorum or two Justices of Peace one to be Quorum may give unto under-sheriffs before they exercise their office the oaths of 1 Eliz. of Supremacy and 27 Eliz. c. 12. touching their office so of their Deputies and Clarks or any other medling with returning of writs or execution of process into any Court of record So Bailiffs any of them executing their offâ—ce before such oaths taken lose 40 pound 27 El. c. 12. Lam. 356 432 433. Undersheriff or his Clark or deputy doing any thing against their oath lose treble damages to the party Lam. 433. Unlawful games Every Justice of Peace may enter into any common place where any playing at dice tables cards bowls coits cails tennis casting the stone footbal or other unlawful game now invented and hereafter to be invented shall be suspected to be used and may arrest the keeper of every such place and may imprison them until they finde sureties by recognizance no longer to use such house game play alley or place 33 H. 8. c. 9. Lam. 191. Dal. 64. Cro. 79. a. 131. a. 196. a. 197. b. Lam. 349 479. Justice of Peace may arrest and imprison such players till they be bound no more to play at such game Lam. 192. Cro. 172. a. b. Lam. 349 479. Dal. 63. Artificer of any occupation or any husbandman apprentice labourer servant at husbandry journeyman servant of artificer mariner fisherman waterman or serving man other then of a Nobleman or of him that may dispend 100 l. by the year playing within the precinct of his masters house shall not play out of Christmas at any unlawful game or in Christmas out of the house or presence of his master 33 H. 8. c. 9. Lam. 479. 20 shill every time Quaere if other games besides those prohibited 33 H. 8. c. 9. be unlawful as the morrice other open dances bear-baitings common-plaies fencings which seem to be prohibited by 39 El. cap. 4. Dal. 63 1 Car. c. 1. All offences against the statute of unlawful games may be heard and determined at the Qu. Sessions Assises or Leet within which they shall happen Lam. 614. Vide plus Sunday Unlawful Assemblies An unlawful assembly is of the company of three or more persons disorderly coming together forcibly to commit an unlawful act as to beat a man or enter upon his possession or the like Lam. 175. Dal. 221. P. R. 25. Cor. 61. a. nu 3. First an unlawful assembly it is onely to meet to such a purpose though they willingly depart without doing any thing Secondly after meeting to move forward toward the executing of such act whether it be done or no is a Rout. Thirdly to execute such a thing is a Riot Dal. ibid. Lam. 175 176. Cro. 61. a. nu 3. In an unlawfull assembly Rout or Riot two things are common and must concur first that three persons at least be gathered together secondly that their being together breed some apparent disturbance of the peace either by speech shew of armour turbulent gesture or actual and express violence to affright peaceable men or imbolden light and busie bodies by their examples Lam. 176 177. There be three degrees of feditious riotous assemblies the first from three to twelve the second of twelve or more the third of forty and upward Lam. 183. 1. El. c. 17. Justice of Peace may at his discretion assemble subâ—ects to take such and may take them and shall be unpunished for hurting maiming or killing them if they make resistance La. 184. Justice of Peace is to take the declaration of any person that being moved to such an assembly will within 24 hours after reveal the same Lam. ibid. Vide Forcible entry Riots Usury Corruptly to contract for more then 8 pound in the hundred for forbearance for one year loseth treble value of the monies wares merchandise and other things so lent bargained sold exchanged or shifted 21 Iac. cap. 17. Scriveners taking above five shllings for procuring 100 pound and for a bond above 12 pence forfeit 20 pound ib. Utlawry Offenders against the Peace for conspiracies and of Routs in presence of the Justice or in affray of the people being indicted thereof if they be not brought in by attachment or distress for insufficiency are to be outlawed 8 Ed. 3. c. 5. Lam. 522. After Utlawry the Justices of P. can award no process but must certifie the Utlawry into the Kings Bench Lam. 521 522. One outlawed of felony before Justices of Peace doth appear and saith he was in the Kings service beyond sea under such a Captain or in prison in such a County the Justices cannot write to the Captain or County Lam. 552. Wages RAtes of wages of servants and labourers are to be made by the Justices of Peace at Faster Qu. Sessions and by them to be ingrossed in parchment under their hands and seals and after it shall be lawful for the Sheriff of the said
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
is a negligent escape Dal. 313. A Justice of Peace bailing contrary to the law or not certifying the bail and examination of the felon is fineable by the Justices of Goal-delivery Lamb. 345. 1 2 P. M. c. 13. Cro. 167. b. Dal. 313. Where one is bailable he must offer sureties Dal. 313. For what offences a man is not bailable by a Justice of Peace by the statute of W. 1. 3 Ed. 1. 15. Cro. 156. a. Lam. 345. 1. Abjured the Realm Dal. 316. 2. Approver or appellour ibid. 3. Appealed by an approver ibid. 4. Burning a house feloniously ibid. 5. Excommunication taken at the Bishops request ibid. 6. Felon taken with the manner ibid. 7. A known thief and defamed ibid. 8. Outlawed ibid. 9. Prison-breaker ibid. 10. Traitor to the King himself ibid. 11. Falsifier of the Kings money Dal. 317. 12. Counterfeiter of the seal ibid. 13. Attainted or convicted of felony ibid. 14. Accessary to two felonies if one principal be attainted Dal. 319. 15. Death of man if he be principal ibid. 16. Taken upon process of rebellion issuing out of Chancery or Star-chamber Lam. 347. Dal. 320. 17. Arrested by Process Writ Bill or Warrant in an action personal ibid. 18 Persons convicted of felony praying Clergy and reprieved Cro. 154. a. nu 2. Dal. 318. For what other offences a man is not bailable by a Justice of Peace A Justice of Peace is not to bail but in causes which he may hear and determine Lamb. 347. Dal. 320. Murder or any other homicide Dal. 315. Confessing the fault of manslaughter ibid. Lumb 34. Taken in the manner for killing ibid. Known to have killed a man ibid. By the King or his privy Councel Dal. 316. By the absolute not ordinary command of the Kings Justices ibid. For trespasses in the forrest West 1. cap. 15. Confessing the felony whereof he is accused Cro. 152. b. Imprisoned for surety of the peace 23 H. 6. c. 10. Lamb. 346. Special commandement of any Justice 23 Hen. 6. cap. 10. Lamb. ibid. Where Bailment is taken away by Statute vide Lam. 349. Dal. 320. For what offences a man is bailable Taken for light suspicion Dal. 317. Indicted of petty larceny not being formerly guilty of another ibid. Charged 1. With the receipt of thieves of felons Dal. 318. 2. Of commandment force or aid in felony done ibid. 3. With the trespass that toucheth not loss of life or member Dal. 319. West 1. 15. if not prohibited by some later Statute appealed by an Approver being no common thief nor defamed after the death of the Approver Dal. 320. Indicted of manslaughter and acquitted Lam. 347 Acquitted of murder or manslaughter at the Kings suit bailable during the year 3 H. 7. cap. 1. Lam. 347. Imprisoned by process out of the Sessions upon penal laws not forbidding baâ—l bailable out of the Sessions by two Justices one being of the Quorum Lam. 348. Dal. 319. Accused of homicides which are not felony Accessary to felonies Dal. 318. If they be found of good fame until the principal be convicted or attainted but after the principal is attainted he is not bailable except he plead not guilty or other plea Dal. ibid 321. Principal in burglary Dal ibid. Principal in an indictment of robbery Dal. ibid. Principal in an appeal â—f robbery Dal ibid. Attached by Sessions Process upon indictment of trespass may be bailed by one Justice of Peace to appeare at the day to answer the indictment and may make his Supersedeas de cap. indict and so of the exigent Dal. 319. In every bailment which must be by two Justices one of them being of the Quorum the Just must be present together at the time of bailment who before bail taken must examine the prisoners receive the information of them that bring them all which with the bailment they must put in writing signed or subscribed with their own hands and certified at the next Goal-delivery to be holden in the County 1 2 Ph. M. c. 13. Dal. 314. The said Justices have authority to bind all persons that can give evidence to appear the next Goal-delivery to give evidence against the party at the time of his trial Dal. 303. Some statutes not only take bail from the offenders thereof upon their solemn conviction after judgement but also upon the record of one or two Justices or by examination or proof of witnesses or other such private trial had before them Lam. 349. For the form of bailment Lam. 252. The form of the liberate Dal. 396. Lam. 352. Bailiffs Bailiff was punishable in false imprisonment if he compel the party to go before any other Justice then he chuseth Lam. 89 94. But now the law is adjudged to be that the Bailiff or Constable shall chuse the Justice Dal. 59. Coke l. 5. 59. b. Fosters case As the Bailiff may not compel him that is arrested for surety of the Peace to go before him that granted the warrant so it is not reasonable that the Bailiff shall be drawn out of the division and limit where they both dwell Lam. 95. Dal. 171. A Bailiff arrests a man without a warrant for the Peace and afterwards procures one he is punishable in false imprisonment Dal. 341. Cro. 149. a. Lam. 90. A Bailiff arrests one by warrant for the Peace the Justice will not binde the party nâ— action lieth against the Bailiff Dal. 1. Lam. 9â— Two Justices of Peace one being of the Quorum may give unto the Bailiffs of Franchises before they exercise their offices the oaths of 1 El. of supremacy 27 El. touching their offices 27 Eliz. cap. 12. Bailiff taking above four pence for an arrest is to forfeit 40 li. 23 H. 6. cap. 10. and lose treble damage to the party damnified Bailiff of the Hundred that executeth not a warrant against any defendant in the Sheriffs Court shall lose 40 shill 11 H. 7. c. 15. Vide plus Warrants Bakers vide Assise of Bread Barettor A common Barettor is he who is either a common mover stirrer up or maintainer of suits in law in any court or quarrels in the county Dal. 36. Lam. 440. Cro. 84. a. and is to be bound to his good behavior and imprisoned Lam. 440. Vide plus Dal. 36. Coke 8. 36. Bargain and Sale vide Inrolement Bark of Trees vide Leather Bastardy Two Justices of Peace one being of Quorum in or next to the Parish where a bastard left to the charge of the Parish or likely to be chargeable is born are to take order for the relief of the Parish keeping of the child and punishment of the reputed father and mother 18 El. 3. 7 Jac. c. 4. Dal. 37. The reputed father and mother not performing the order set down by two such Justiâ—es the delinquent is to be sent to the Goal without bail except they put in sureties to â—erform the order or appear at the next general Sessions of the Peace Dal. 38. If the Justices of
keeping of any Deer or Conies c. or be Keepers or Warreners any person having in lands 100 li. by year in fee or for life may take from such offender such Guns Bows or Cross-bows and keep them to his own use 3 Jac. c. 13. Dal. 65. Curriers vide Leather Customer vide Corn. Custos Rotulorum Custos Rotulorum hath the custody of tho Records and of the Commâ—ssion and ought tâ— see that they be brought to the Sessions Lam 387. Custos Rotulorum is alwayes a Justice of the Quorum Lam. 387. Custos Rotulorum alone cannot summon a Sessions seeing that he hath no more authority in that behalf then any of his fellows hath Lam. 382. Taking of the goods of another to the value of 12 d. from his person into his own possession without assault or fear is felony without Clergy 8 El. c. 4. Lam. 270. Dal. 262. and Lam. 422 566. But it will not amount to felony unto death unless the thing taken be of the value of twelve pence Lam. 270. Dal. Quaere The thief must have an actual possession of the thing severed from the person of the owner Lam. 271. Dal. 262. Cro. 35. a. nu 17. Cutting out of tongues Cutting out of tongues and putting out of eyes is felony if it be done of set purpose 5 H. 4. c. 5. Lam. 420. Cutting of a Pond head Destroying of the head or damme of any pond moat stew or several pit wherein fishes are put by the owner thereof or wrongfully fishing in any of the same to the intent to take away the fish against the owner will 5 El. c. 21. Lam. 446. See 3 Jac. c. 13. he is to suffer imprisonment and to be bound to his good behaviour for seven years Deer and Deer-hayes JUstices of Peace may not receive an indictment for killing a Hart proclaimed for the jurisdiction of it belongeth to the Justices of the forrest 21 H. 7. c. 30. Lam. 505. One convicted of unlawful taking or kiling of Deer must pay treble damages to the party three months imprisonment and after to remain there till he put in sureties for the good behaviour for seven years 5 El. c. 21. 3 Jac. c. 13. Lam. 571. To sell or buy to sell any Deer Hare Partridge or Phesant except house-Patridge or Phesant or brought from beyond the Seas loseth for every Deer 40 shill every Hare or Patridge 10 shill and every Phesant 20 shill 1 Jac. c. 27. Vide plus Hunting and Buckstalls Demurrer If one indicted demurreth upon the evidences the Justices ought to record it La. 539. Deputy A Judge cannot make a Deputy Lam. 64. Divine Service Any above the age of sixteen years that repaireth not faithfully and diligently to his Parish Church or Chappel accustomed or upon some reasonable lett to some usual place where Common Prayer is to be used upon every Sunday and other Holidaies and hath not there orderly and soberly abiden during the time of such Common Prayer Preaching or other service of God loseth 12 pence for every offence to be levied by the Church-wardens to the use of the poor of the said Parish and to be punished by the censures of the Church 1 El. c. 2. It is lawful for one Justice of Peace in the limit division or liberty where the offender dwelleth in not coming to Church according to 1 El. c. 2. upon proof of default by confession of the party or oath of witnesses to call the party before him and for want of sufficient excuse proof thereof to the satisfaction of the said Justice the said Justice may give his warrant to the Church-warden of the said Parish under his hand and seal to levy 12 pence for every default by distress and in default thereof to commit the offender to prison till paiment made 3 Jac. c. 4. Vide plus Recusants and Sunday Dogs vide Hunting Partridges Drovers vide Badgers Dier vide Cloth Drunkenness Any Justice of Peace upon his own view confession of the party or proof of one witness upon oath hath power to convince any person of drunkenness 21 Jac. 7. Any within six moneths after the offence committed lawfully convicted of drunkenness loseth 5 shill to be paid after conviction to the Church-wardens of the Parish where the offence shall be committed and refusing and neglecting to pay the same to be by warrant from the Just convicting levied on his goods if he be unable to be set into the stocks six hours and upon conviction of the second offence to be bound with sureties in ten pound to his good behaviour 4 Jac. c. 5. and for want of sureties to be sent to the Goal If the officer charged is negligent in levying or in correcting he loseth 10 shillings to be levied and disposed as the penalty it self 4 Jac. c. â— Church-wardens to be accountable to the use of the poor for the penalties by them received upon the statute of drunkenness ibid. Constables Church-wardens and Tithingmen in their oaths for their office are to swear to present offences against the statute of drunkenness 4 Jac. 5. Offences against the statute of drunkenness to be inquired after and presented before the Justices of Assise or Justices of Peace at their Sessions and proceeded upon ordinary indictment ibid. Offenders against the statute of drunkenness not to be twice punished for the same offence ibid. Ecclesiastical causes and persons ECclesiastical persons are subject to arrest for the Peace unless they be attendant on Divine service Lam. 93. Dal. 166. Vide plus Treason Eggs of wild-fowl Eggs of any wild-fowl usually eaten taken from the place where they were layed or destroyed betwixt the first of March the last of June one years imprisonment and lose after a rate for each egge viz. Egges of crane or bustard 20d bittern heron or shovelack 8 d. mallard teal and other wild-fowl one peny 25 H. 8. c. 11. 3 E. 6. c. 7. Lam. 453. To take away the egges of any hawk out of the woods or ground of any other person three months imprisonment and bound to his good behaviour for seven years 5 El. c. 21 Lam. 446. To take or cause to be taken upon his own or other mens grounds the egges of any falcon goshawk lanner or swan one year and a daies imprisonment and fine 11 H. 7. cap. 17. Lam. ibid. Taker or willing destroyer of egges of Partridge Phesant or Swan upon conviction by confession or oath of two witnesses before two Justices of Peace where the offence or apprehension is to be imprisoned three months unless he pay to the Church-wardens of the Parish in one of the places to the use of the poor 20 shillings 1 Jac. c. 27. Vide plus Partridges Phesants and Fowlers Egyptians One Justice of Peace may within one moneth after the arrival seize all the goods of any outlandish persons calling themselves Egyptians that shall come into the Realm or company with them or disguise themselves like them and keep to his own
Lam. 132. The Sheriff or gaoler may imprison in his house or in the common gaol at pleasure Dal. 347. Quaere Cro 169. b. Lam. 133. Constable cannot imprison in his house but in the stocks and that but until he may provide convenient aid to convey him to the Justice of Peace or to the Gaol Dal. 348. Lam. 133. Just of Peace cannot commit felons to prisons which be not common gaols nor make gaol of their own houses Lam. 133. 5 H. 4. c. â—0 Cook 9. 119. b. 23 H. 8. c. 2. Dal. 347. Justice of Peace may commit to the stocks â—ome offenders against certain penal statutes Dal. 347. Breach of prison is the escape of a Felon â—hough not indicted out of the gaol stocks â—r possession of any keeper Lamb. 229. Dal. â—75 One imprisoned upon a capias pro fine is to â—e delivered upon payment thereof Lam. 574. â—r upon pledges by Recognizance for payment thereof Lamb. ibid. Prisoners Every one who is under arrest for felony â—s a prisoner as well without prison as in the â—tocks in the high-way or in the possâ—ssion of him that arrested or hath the keeping of him Dal. 275 343. To break prison is felony being committed for felony Lam. 228 424. It is no matter whose prison is broken whether the Kings or other persons whether it be common or private gaol or the Constables house or others house who hath the custody of him for felony Dalt 275. Stam. 31. Rescous to help a prisoner commâ—tted for felony to get away is felony Lam. 229 424. If an officer or other whatsoever by his wilfull default suffer a prisoner to escape it is felony Lam. 229 424. Prison-breach is to escape out of the stocks or out of any mans possession Lam. 229. A Constable voluntarily suffereth a thief to drown himself it is felony in the Constable Dal. 276. but if the thief kill hang or drown himself it is a negligent escape Dal. Ibid. Prisoner of sufficient ability shall bear his own charges and of them that shall be appointed to guard him to the gaol and he refusing the Constable of the parish where he dwelleth by warrant from the Justice that committed him may levy the same by distress and sale of his goods after apprizement by four of the parish the overplus to be delivered to the owner 3 Jac. c. 10. Prisoner not of ability and those that guard him to have their charges from the place of apprehension to the gaol born by the parish where he is apprehended the same to be equally taxed by the Constables and Church wardens and two or three of the Inhabitants and allowed by the Justice of Peace 3 Jac. c. 10. Any lawfully taxed for the charge of bringing a prisoner to the gaol and refusing to pay it to the Constable or other officer of the parish by warrant from the Justice of P. that committed him may levy the same by distress and after apprizement by four of the parish sale of the goods giving the owner the overplus 3 Jac. c. 10. Defendant in any action of a distress taken by force of the statute of 3 Jac. c. 10. may plead not guilty and give the special matter in evidence and upon recovery or non-suit shall have treble damages 3 Iac. c. 10. Prisoners discharged by Justices of Peace who take the indictment to be void may be stayed if they change their opinion before â—udgement Lam. 540. A man outlawed for felony is imprisoned amongst traitors and breaking prison setteth them loose this is rescous of a traitor and treason Cro. 35. a. nu 5 6. Privy Sessions vide Sessions Process Process hath the name because it proceedeth or goeth out upon former matter either original or judicial Lam. 519. Suggestions and informations whether by word or writing are but to stir up the Justices to commend the cause to the Inquest and not to award process upon them Lam. 509. unless it be in certain causes where it is especially given them by statute ibid. Authority to make process upon endictments is given to the Justices by words of their commission or by implication where the power of hearing and determining is given by their commission Lam 520. Process ought alwaies to be in name of the King with Non omittas c. with Teste of any two Justices under their hands sitting in Court Lam. 520. Dal. 412. No process plea or suit is to be discontinued by making a new commission of the Peace 11. H. 6. c. 6. 1 Ed. 6. c. 7. Lam. 520 See the end of 1 E. 6. c. 7. Process upon all endictments of trespass against the Peace or upon special statute is Venire facias and if he be thereupon returned sufficient then a Distringas Infinitè if he be returned Nihil habet then Capias alias pluries Exigent Lamb. 522 523. Dal. 412. Process upon the stat of unlawful games liveries maintenance archery c. Venire facias Capias Exigent 33 H. 8. c. 10. Quaere if it be not repealed by 37 H. 8. c. 7. Lam. 523. Process upon the statute of Victuals at tachments Capias Exigent Lam. 523 524. Process upon depraving the Sacrament is two Capias Exigent Capias utlegatum and may be sent by any three Justices into any shire one being of the Quorum Lam. 524. Justice of Peace may award process into a forein county against an accountant for money levied for making a gaol 25 H. 8. c. 5 5 El. c. 24. Lam. 525. Justices of Peace where the servant departed may award a Capias to the Sheriff of the shire whereinto he departed returnable before themselves 5 El. c. 4. So where a decaied bridge is in one county and the party or land chargeable do lie in another county Lam. 525. 22 H. 8. c. 5. One indicted of treason or trespass in one county is imprisoned in another the Justices may award Habeas Corpus to remove him before themselves Lam. 526. Process upon indictment of felony may be sent into any forein county 5 E. 3. c. 11. Lam. 527. Process upon indictment of felony is two Capias and an Exigent 23 E. 3. cap. 14. Lam. 528. Indictment of treason felony or trespass in one county nameth the indicted to be of another the first process shall goe into the county where he is indicted the second to the county where he is named to be returnable â—hree months after and if he be not to be found there then that Sheriff to make proâ—lamation at two County Courts before the â—eturn that he appear before the Justices of â—he County where the indictment is at the lay in the Capias and if he appear not an Exigent to be awarded 8 H. 6. c. 10. Lamb. 525 â—26 The two Justices of the Peace which have â—he over-sight of the Sheriffs books and of the â—merciaments upon suggestion may make process as in an action of trespass against the offenders of that stat to answer before them â— 1 H. 7. c. 15. Lam. 360.
concubine is a good plea upon an appeal tâ—â— it is no rape otherwise of another mans cocubine Lam. 257. Cro. 47. b. Stam. 24. Dâ—â— 290. Force without carnal knowledge is no raâ—â— Lam. 257 258. See the statute de Officio Coronatorii mâ—â— 4 E. 1. Complaint must be made within sodaies but otherwise in an appeal A woman that is ravished ought presenâ— to levy hue and cry and to complain theâ— presently to some credible persons Dal. â—â— Cro. 100. a. Stam. 22. indictment of rapâ— no time to be observed To ravish a woman who consenteth â— fear of death c. is ravishment for consâ—â— ought to be voluntary and free Dal. 290. â— 48. a. Consenting after rape doth not hinder â—ut that the husband and if she have no â—usband the father or next of bloud may â—ursue the ravisher to have him convicted â— R. 1â—3 Rates vide Taxation Rebellious assemblies The statutes 1 M 12. and 1 Eliz. are disâ—â—tinued Dal. 222. Recognizance Recognizance is a bond of Record testifyâ—â—g the Recognizer to owe a certaim sum of â—â—ny to some other and the acknowledgeâ—ent of the same is to remain of record and â—ne can take it but onely a Judge or Officer â— Record Dal. 334. Every Recognizance taken by a Justice of â—â—ace must be made by these words Domino â—egi upon pain of imprisonment of any perâ—â—n that shall take it otherwise 33 H. 8. c. â— Cro. 196. b. nu 11. Lam. 162. Dal. 175 â—9 Sureties in Recognizances ought to be Subâ—â—dy-men and they must be two besides the â—â—rty himself Lam. 101. Dal. 175. It is in the discretion of a Justice of Peace â—he take a recognizance ex officio to appoint â—â— allow the number of the sureties their sufâ—â—ciency in goods and lands the sum of moâ—ey and how long he shall be bound Dal. 174. â—am 100. If a Justice of Peace be deceived in the ability of the sureties he may compel the party to put in another Lam. 100. Dal. 178. Recognizance of the Peace without expressing in the condition that it was for keeping of the peace seemeth void Lam. 103. Dal. 175. So it is if a recognizance be that a recognizer shall not maim or beat A. without expressing keeping the peace Lamb. 103. Dal. 175. Recognizance comprehending no time oâ— appearance but generally to keep the peace is good Lam. 103. Dal. 176. Recognizance for the peace upon a suppâ—cavit is not of necessity to be returned until â—ertiorari Lam. 109. Dal. 177. Recognizance taken to keep the peace against one especially quaere if it be good Lam. 104. Dal. 176. Recognizance taken to belevied only of the goods or only of the lands of the cognizer seemeth to be good enough Lam. 104. Dal. 167. Wife or insant under the age of discretion are to be bound to the peace by their sureties only Lam. 101. Recognizance taken ex officio if default of appearance be made may be removed by Certiorari Lam. 109. Dal. 178. Recognizance not forfeited is discharged by the death of the King of the cognizer oâ— the party suing for it if it were against him alone Lam. 113. Dal. 141. The sureties dying the recognizance is good against the executors Lam. 113. Dal. â—41 Recognizances taken are to be certified notâ—ithstanding the death of the King Lam. 103. â— of the recognizer or of the party at whose it it was granted Lam. 113. The Recognizance being forfeited the Juâ—ces shall in discretion require new sureâ—s or commit him to prison Lam. 114. Dal. â—3 Recognizance of the peace brought into â—e Custos Rotulorum and not pursued by â—e party may be called upon for the King â— the Clark of the Peace ibid. Justices of the Peace cannot award process â—â—on a forfeited Recognizance but it must â— certified into the higher Court except reâ—gnizance for alehouses Lam. 589. Dal. â—7 Cro. 167. a. 196. b. nu 9. and the cause â— the forfeiture Dal. 177. Recognizances or examinations taken conâ—erning suspects or felons are to be certified â— the next general goal-delivery 2 3 P. â— M. c. 10. Lam. 212. Recognizances taken by a Justice of Peace â— officio are to be brought into the Custos Roâ—lorum at the next general Sessions Lam. â—9 Dal. 177. Cro. 139. a. but no pain by â—â—e statute of 3 Hen. 7. 1. if he do not Br. â—eace 11. None but the King can pardon a Recogniâ—nce once forfeited Lam. 111. Cro. 140. b. â—al 181. Recognizance taken where the Justice hath no authority is void And taken by authority if the Justice insert other matter â—it is voâ—d Cro. 196. b. nu 7. A Recognizance taken by a Justice of Peace is a matter of Record so soon as iâ— taken and acknowledged although it bâ— not made up but entred into his book nay although it be not entred Dal. 336. Staâ— 77. b. E. Brook Record 58. Reconciliation vide Treason Records Records be nothing else but memorials oâ— monuments of things done before Judgeâ— that have credit in that behalf Lam. 63. If a Record say any thing no man shall bâ— received to aver or speak against it â—â—â— 63. The Judges may correct or amend any Record in the term wherein the Record is to be made but after they have no power at alâ— over them Lam. 64. The Record or Testimony of a Justice oâ— Peace is in some cases of greater force theâ— an endictment of a Jury and against it the party shall not be admitted to traverse Lam. 65. Embezelling of a record is felony but noâ— to be dealt withal by Justices of Peace Lam. 231 549. Precepts for surety of the Peace special Records for conviction of forcible entries made out of the Sessions are not records of Sessions Lam. 389. Records of causes determinable at the Sessions taken by the Justices of Assize at their Goal-delivery as Justices of Peace are to be left with the Clark of the Peace to be brought to the next Sessions of the Peace Lam. 391. One pleadeth a record before other Justiâ—es by way of justification the Justices ought â— give him day to bring in the record Lam. â—65 A Justice of Peace upon a Commission â—eing convicted by oath of twelve men of â—mbezeling wilful rasing of an indictment â—â— maliciously enrolling that for an indictâ—ent which was not found or changing an â—â—dictment of trespass into an indictment of â—â—lony loseth his office and shall be fined and â—â—prisoned according to his offence Lam. â—31 To rase a record is felony yet if a Judge do embezel or rase a record it is but misprâ—sion in a Judge Dal. 283. Br. Coron 174. Treason 31. Embezeling of any record writ return panel process or warrant of Attorney â—n Chancery Kings Bench Exchequer Common pleas or Treasury is felony in the parties their counsellers procurers or abetters Dal ibid. But it seemeth that Iustices of Peace have â—â—ot to do with these felonies Lam. 5 9. Cro. 56. 8. H. 6. c. 12. Dal. 283. for that these records
Jac. c. 4. Any subject going beyond the seas to serve â—ny forein State not taking the oath of alâ—egeance before the Controller or Customer of the Port or either of their deputy or depuâ—ies before his going shall be a selon the â—ath by them to be registred and certified inâ—o the Exchequer once every year or lose 5 l. or every oath not certified 3 Jac. c. 4. Any Gentleman or of an higher degree or Captain or other officer in the army before â—is going beyond sea to serve any forein â—rince or State must be bound by the Conâ—roller or the Customer of the Port with two â—â—reties allowed by the Officer unto the King â—â—o pound with condition not to be reconâ—iled to the Pope nor to practise any thing â—gainst the King but knowing any thing to â—eveal it the same bond to be by them regiâ—â—red and certified into the Exchequer once â—very year or lose 5 pound for every default â— Jac. c. 4. Children not being Souldiers Mariners Merchants Apprentices or Factors going beyond sea without licence of the King or six of the Privy Councel whereof the principal Secretary to be one under their hands and seals shall take no benefit by descent or otherwise of any lands leases goods or chattels untill he or they being 18 years old or above take the oath of Allegeance before one Just of Peace of the County where the parents dwelt or dwell in the mean time the next of kin being no Popish Recusant to enjoy them till he shall conform to take the said oath of Allegiance and receive the Sacrament of the Lords Supper and then to accompt to him for the mean profits and in reasonable time to make payment thereof And the senders lose 100 pound one third part to the King another to the suer another to the poor 3 Jac. c. 5. Vide Transportation Traveller Inne-keeper or Alehouse-keeper refusing to lodge a traveller Justice of Peace or Constable may compel him Quaere how viz. to present the offence at the Affizes or Sessions Dal. 28. Br. Action sur le case 76. Sâ—r James Lee delivered that the Inne-keeper or Alehouse-keeper may for the same be indicted fined and imprisoned or the party grieved might have his action Dal. 28. Treason Treason is a grievous offence done or committed against the King in his person the Queen his wife his Children Realm or authority Dal. 227. As To compass the death of the King Queen his wife or of their eldest son and heir or to intend any of their deaths though it be not effected Dalt 227. To deflowre the Kings wife his eldest daughter being unmarried or his eldest sons wife Dal. 228. To levy war against the King in his realm Dal. ibid. Br. Treason 24. To conspire to levy war against the King Dal. ibid. To conspire with a Governour of another country to invade the Realm Dal. ibid. To kill one that is sent on the Kings message Dal. ibid. So encounter in fight and kill such as be assisting to the King in his wars or come to help the King Dal. ibid. To aid the Kings enemies in his Realm Dal. 228. To counterfeit the Kings great Seal Sign-Manuel Privy-signet or Privy Seal Dalt 229. To take an old seal and put it to a new patent quaere whether treason or misprison Dal. ib. Sta. 3. C. Br. Treas 3. And so of those that without authority set the Kings seal upon any writing or fraudulently thrust a writing amongst others to seal and so get it sealed Dal. ibid. To counterfeit the Kings coin or any coin current within the Realm Dal. 229. To bring in any false mony knowing it to be false Dal. 229. 1 2 P. M. cap. 3. To clip wash and lighten or falsisy any coin current within the Realm Dal. ibid. To coin mony not having authority Dal. ibid. If he which hath the Kings warrant to coin do coin mony in England Ireland or elsewhere less in weight then the ordinance or coineth false metal Dal. 229. Br. Treas 19. All counsellers procurers consenters or aiders of any the fore named Treasons are within the parview of the Statute 25 Ed. 3. for in treasons all offenders are principal Dal. 230. Counterfeiting gold or silver not the proper coin of this Realm is misprision of treason 14 El. c. 3. To kill the Kings Chancellour Treasurer Justice in Eyre of Assize of Oyer and Terminer being in his place and doing his office is high treason Dal. 23â— To extol the authority of the Bishop of Rome within any of the Kings dominions and the procurers counsellers aiders and maintainers thereof the first offence is Praemunire the second Treason 1 El. c. 1. 5 El. c. 1. Lam. 411. Dal. 231. So to bring over any books that shall maintain set forth or defend such authority and the readers and hearers that shall justifie them Dalt 231. So deliverers of such books to others with allowance and liking of the same Dal. ibid. So the printers and utterers of such books be all within the meaning of the statute 5 El. c. 11. Dal. ibid. Refusing the oath of Supremacy the first offence is Praemunire the second offence Treason 5 El. c. 11. Dal. 205. Lam. 410 To obtain from Rome or by any authority from thence any Bull or writing to absolve and reconcile such as will forsake their obedience to the King and yield it to the Pope or give or take absolution by colour of such Bull or publish or put in ure such Bull 13 El. c. 2. Dal. 231. Lam. 226. To absolve perswade or withdraw any subject from their obedience to the King or to reconcile them to the Pope or to draw them to the Romish religion for that intent or move them to promise obedience to any other state or procure counsel or aid them that do it is treason 23 El. c. 1. 3 Jac. c. 4. Lam. 220 226 412. Dal. 232. To be willingly absolved perswaded withdrawn or reconciled to promise such obedience or to procure counsel aid and maintain the same is treason except within six daies after their return into the Realm they submit according to the statute 3 Jac. cap. 4. Dalt ibid. For Jesuit Priest or other Ecclesiastical person made by the authority from the Pope to come into or remain in any of the â—ings dominions contrary to the statute 27 El. c. 2. is Treason To compass the death of an usurper of the Crown is Treason for which the offender may be arraigned in another Kings time Br. Treason 10. Dal. 227. To intend to deprive depose or dis inherit the King or say he will be King after the King dieth Dal. 227. To set at large unlawfully any committed for Treason is Treason by the Common law Dal. 229. One imprisoned for felony breaketh prison whereby a traitor escapeth it is Treason in him by the Common law Dal. 229. Cro. 35. a. nu 5. Voluntarily to suffer one to escape that is committed or only under arrest for
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