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A04754 The Complete justice a compendium of the particulars incident to justices of the peace, either in sessions or out of sessions : gathered out of the statutes, reports, late resolutions of the judges, and other approved authorities : abstracted and cited alphabetically for their ready helpe, and the ease of inferiour officers, and for the generall good of the kingdome. 1637 (1637) STC 14887.5; ESTC S4353 145,933 304

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length and breadth and so much for wanting of 4 pound of the weight 5. E. 6. Lamb. 443. Lamb. 470. Deceit in linen Cloth whereby it is become worse for good use is losse of Cloth fine imprisonment for a moneth 1. Eliz. 13. Lamb. 444. Lamb. 471. Offences against the statute concerning the stretching of Northern clothes to be presented by the overseers at the next Q. Sessions after the offence and there to be heard and determiued 39. Eliz. 20. Offences of the Iustices of peace in neglecting their duty by not executing of the statute of deceitfull stretching of Northern clothes to be heard and determined by I. of Assize Commission of the Peace The commission of the peace is determinable at the Pr. pleasure either by expresse word implication or death or by the presence of higher power or by occasion of another office as to be made Sheriffe Lamb. 63 68. Lamb. 66 67. Commission granted hac vice tantùm is determined after once sitting if they do not adjourn the same Lamb. 67. Lamb. 71. A new commission of the Peace hac vice tantùm will determine the old Lamb. 64. 70. Lamb. 68. A commission of the same kinde in the same limits to other commissioners without word of discharge is a revocation of the former by implication Lamb. 64. 69. Dal. 8. Crom. 189. a. Lamb. 67. A proper Iustice is made within a speciall libertie without words of prohibition the Iustice of the shire may meddle there Lamb. 64 69. Lamb. 68. 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 Lamb. 65 70. or at the Assizes Dal. 8. Lamb. 69. The old commission determining by a new no processe or suit hanging before the old commissioners is discontinued thereby Lamb. 66 71. Dal. 9. Cro. 189. Lamb. 69. Accession of a higher title taketh not away the authoritie of a Iustice of Peace Lamb. 66. Dal. 9. Cro. 188. a. Lamb. 70. A new commission to heare and determine fellonies determineth the old commission of the Peace but not concerning the Peace Lamb. 72. A Iustice of Peace in making justification by vertue of his office needeth not to show the commission of the Peace because the keeping thereof belongeth to the Custos Rotulorum Lamb. 387 388. Commons Commons in forrests and elsewhere must be driven yearely within 15 dayes after Michaelmas by the owner or officers on pain of 40 shil a time 22. H. 8. 13. Lamb. 466. Vide plus Horses Common Prayer If any Minister have refused to use the Common Prayer or to minister the Sacraments according to the Book of Common Prayer or wilfully standing in the same have used any other form in open prayer or in administration of the Sacraments or spoken any thing in derogation of the said book or any part thereof for the first offence it is losse of the spirituall living for a yeare and imprisonment for 6 moneths without bayl for the second deprivation and imprisonment for a yeare for the third deprivation and imprisonment all his life 1. El. cap. 2. 23. El. Lamb. 348 402. L. 417. Any having in play song or rhythme or by any open word spoken in derogation of the book of Common Prayer or any thing therein contained or having caused or maintained any Minister to say any other Common Prayer or minister Sacraments in other manner or interrupting any Minister to say open prayer or administer the Sacraments according to the said book he loseth 100 marks or 6 moneths imprisonment without bayl for the first offence and for the second 400 marks or 12 moneths imprisonment and for the third all his goods imprisonment for his life ib. Concealment vide Iurours Confession After a free confession of an indictment and submission to finde in an action at the parties suit for the same trespasse he shall not plead not guilty otherwise of a confession sub modo as when he putteth himself sub gratia Regis Lamb. 500 501 511 512. Lamb. 530. Quaere whether if he once make a sine he shall not be estopped to plead not guilty also Whether the Iust of Peace may drive the partie either to an absolute confession or to his traverse ib. The voluntarie confession of an offender against the statute 1. Jac. 9. 4. Jac. 5. before a Iustice of Peace is a conviction and after confession his oath is sufficient proof against any other offending at the same time 21. Jac. 7. Dal. 26. Edit 1626. Conjuration Conjuration of wicked spirits is felonie 5. Elis 16. 231 399. Lam. 227. Vide plus Witchcraft Conservers of the Peace Coroners are conservers of the Peace and may in some cases imprison Lam. 378 381. Lam. 131 395. Constables Every Constable at the Common law before the statute 3. Hen. 7. 3. and 1. and 2. Phil. Mar. might bail one suspected of felonie by obligation or take suretie 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. Const 15. Lam. 125 135. Lam. 132 133. Constable or officer presented at the Sessions for not endeavouring to part an affray being present shall deeply be sined Lam. 121 136. So if he be told of it being absent Dal. 32. contrà Cro. 146. b. Two fighting in an house the doores being shut the officers may break open the doores to see the peace kept Lam. ibid. Lam. 133. Constable taking an affrayer must imprison him in the stocks not in his house and that till he may provide to carrie him to the goal Lam. ibid. or to a Justice of Peace Dal. 28 and 30. Lam. 133 125. Constable or Justice if need be may command aid of the Kings people for pacifying an affray Lam. 126 137. Lam. 134. Constable or officer may defend himself and apprehend and imprison the partie that shall make an affray upon him Lam. ibid. Dal. 30. Crom. 147. a One Justice of Peace may command that two constables be chosen in each hundred Lam. 175 190. Lam. 186. Vide plus Affray Arrest Rogues High-constables at their pettie Sessions for an affray made in disturbance of the Court may imprison the offenders Dal. 3. edit 1626. Cook 11. 43 44. Choosing of High-constables useth to be at the Qu. Sessions if out of Sessions by the major part of the Justices of that division where they dwel and use to be sworn at the Sessions or by warrant from the Sessions Dal. 44. edit 1626. Conventicles Those are sometimes called conventicles wherein many do impart with others their meaning to kill a man or to take anothers part in all things Lam. 163 173 177. Champertie also maintenance conspiracies