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A05017 Eirenarcha: or of the office of the iustices of peace in two bookes: gathered. 1579. and now reuised, and firste published, in the. 24. yeare of the peaceable reigne of our gratious Queene Elizabeth: by William Lambard of Lincolnes Inne Gent. Lambarde, William, 1536-1601. 1581 (1581) STC 15163; ESTC S109320 226,552 536

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ca. 1. Masse If anye person haue saide or soong Hasse or haue willinglye hearde Hasse 23. Elizab. cap. 1. If any person haue bsed or put in bre anye Bull Writing or Instrument of absolution or reconciliation or of other sorte gotten from the Bishoppe of Rome or Sée of Rome or from any person clayming auctoritie from the same Or haue by colour of any suche taken upon him to absolue or reconcile any person or haue published any suche Bull or instrument Bull Agnus Dei ●●c Treason Or if any person haue aided comforted or maintained any such offendor to the entente to vpholde suche offence If anye person to inhome suche Bull or Instrument hath bene offered or persuaded haue not Within fire Wéekes nexte after signifyed the same to some of the Quéenes priuie Counsell or to the Lorde Presidence of the Northe or of Wales Misprision of Treason If anye person haue brought hither from the Bishoppe or Sée of Rome or from anye person auctorized or clayming to be auctorized by anye of them any Agnus Dei crosses pictures beads graines or such like superstitious things and haue the same delyuered or caused or offered to bée deliuered to any the Quéenes subiects to bse or weare in any wise and if anye person hame to such intent receiued or taken the same and haue not apprehended the offerer thereof nor within thrée dayes after disclosed him to the Ordinarie or to some Iustice of the Peace nor within one days deliuered the thing to some Iustice of the Peace Premurire 13. Eli. ca. 2 23. Eliz cap 1. If any person haue vsed Inuocation or Conturation of euill spirites for any cause or haue bsed Witchcraft Inchauntmente Charming or Sorcerie where by anye person is killed or destroyed 5. Elizabeth ca. 16. Folorie Coniuratiō If anye person haue within these fire monethes aduisedlye aduaunced published and set foorth by writing printing open speach or déed to any other person any fantasticall or false prophesie vppon armes fieldes beasts or hadges or vpon any time name bloudshed or warre to the intent to make thereby rebellion dissention losse of life or other disturbance within the Quéenes dominions Prophecying 5. E. ca. 15. If person haue by setting of figure casting of Natiuitie or by Calculation Prophecie Witchcrafte Coniuration or other vnlawful meanes whatsoeuer sought to know haue set forth by expresse words déede or writing how long hir Maiestie shall liue or who shall reigne after hir decease Or els haue aduisedly and with a malitious intent against hir Maiestie vttered any direct prophecie to such purpose And if any person haue indéede procured or abetted any suche offenders Felonie Sctfoorih how long the Queene shal liue 23. El. ca. 2. If any person haue vnlawfully procured any other person to commit wilfull and corrupt periurie in any cause depending in sute in any of the Quéenes Courtes of Kccorde or in any Léete Court Baron Hundred or Court of auncient demesne or haue corruptly suborned any witnesse sworne to testifie in perpetuam yet memoriam Or if any haue vpon such procurement or by his owne acte wiltul ly committed such Periurie Periurie 5. El. ca. 9 14. El. ca. 11. If any person haue within these these monethes by contemptuous or reuiling words or haue abuisedly in any other wise depraued despised or reuiled the blessed Sacrament of the bodie and blood of Christ Sacrament 1. E. 6. ca. 1 1. El. ca. 1. If any parson Vicar or Minister haue since the last Assises refused to vse the cōmon prayers or to minister the Sacraments according to the booke of common prayers or wilfully standings in the same haue bsed any other ther forme in open prayers or in administration of the Sacrament or haue spoken any thing in derogation of the sayed booke or any part thereof Seruice and Sacraments Or if any person haue since that tyine in any plate song or ryme or by any open worde or of any thing therein contained Dr haue caused or maintained any Parson Hicar or Minister to say any Common prayer or to minister any Sacrament in other manner than after the sayde booke Or haue interrupted any parson Vicar or Minister to say open Prayer or to administer any Sacrament according to the saide Booke 1. Elizab. cap. 2. 23. Elizab. cap. 1. If any person being aboue the age of rvi yeares and not hauing lawfull and reasonable crcuse to bée absent haue not repaired and reforted to his or hir parishe Churche or Chappell accustmed or vppon let thereof to some vsuall place where Common prayer shall be vsed upon euerie Sonday and other holyday and haue not there orderly and soberly abiden during the time of such Common praier preaching or other seruise of God and how long such person hath not so repaired and resorted Repaire to Church 1. Eliz. ca. 2 23. Eliz. ca. 1. If any person haue kept or maintained any Schoolemaister which resorteth not to the church or is not allowed by the Bishop or Ordinaric of the Diocese Schoolemaister 23. Elizab. ca. 1. If any person haue malitiously striken any other with any weapen in any Church or Churchyard or drawen any weapen there to that intent Fighting in Church or Churchyard 5. E. 6. ca. 4. If any person haue kept Faire or Market in the Churchyard Faire or Market in Church yard Felonie Robbe church or Chappell Stat. Winton 12. E. 1. If any person haue feloniously taken goods out of any Church or Chappell Lay causes If any person haue counterfaited the Quéenes money or haue brought false money into the Hcalme coūterfait like the money of England knowing the same to be false to make marchandize or paiment there withall Treason Money 3. H. 5. ca. 7 25. E. 3. ca. 2 Felonies in lay causes If any Seruant haue killed his or hir Master or Mistresse or any Wife hir Husband or any Gcclesiasticall person his prelate Petite Treason Seruát Ma. Husband and Wife Clerke and prelate 25. E. 3. ca. 2. If and person have of pxepensed malice killed or murbered an other openly or pxiuily whether he that mas killed were an Gnglishman or a Stranger liuing under the protection of the Quéen Murder If any haue wilfully killed any other by poysoning and into bée his aiders abetters procurers and counsellors Poysoining murder ● E.ó. ca. 12. If any person have by chaunce medley feloniously killed an other Manslaughter If any person of malice prepensed cut out the tounge or put out the eyes of any of the Quéenes Subieas Cut out toungue or put out etes 5 H. 4. ca. 5. If any Gaoler kéeper or vnderkéeper of a prison haue by dursse and paine compelled any his pxisoner to become an appeacher of others agaianst his will Gaoler handeling streightly his prisoner 14. E. 3. ca. 10. If any person have commited the detestable vice of Buggerie
himselfe by oath That he did it not of euil minde and that he knewe not how to do better which I speake not to comfort men in carelesse ignoraunce but to shew you that me may erre and that erring by infirmity they are not altogither vnworthie of pardon and withall to let the Iustices of Peace sée that it may be a fault to erre by ignorance and that therfore they ought to stay where they méet with nō liquet as their owne Commission doth direct them Now on the other side if a Iustice of the Peace will craftilye embesill an Enditemet or wilfully raze any part therof or malitiously enroll or file the for an Enditement which was neuer found by the Iurie Then by the resolution of al the Iustices assembled before the King in the Starre Chāber 2. R. 3 a Cōmissiō may go out to enquire by the oathes of 12. men of such his misdemeanor and if he bée conuicted therof he deserueth to loose his office to make fine to the Queene according to the quantitie of his misprision offece ibid. Fo. 10. And euen so may he be punished as this booke leadeth me to thinke if he alter an Enditement of Trespas into an Enditement of felonie howsoeuer the opiniō 27. lib. Asl P 1. 18 be foound against it A Iustice of the Peace may also be endited of the vnlawful taking of mony for doing his office or of such other falsitie Fitz. Nat. Br. 243. And if he cause a man to be endited at the Sessions by former conspiracie or indirect practise he is punishable for it as a priuate man 21. E. 4. 67. But if in the handling of a cause at the open Sessions it happen him to speake against an offendor somewhat excessiuely yet he shal not be punished for it Iuris enim executio non habet iniuriā Neuerthelesse Iudges oughte not to abuse their tongs by inteperance but they must rather take great héede as Cicero pro Font saide Quibus verbis vtantur ne quid minus moder atè prositum ne quid ab aliqua cupidstate prolap sum verbum esse videatur Thus farre of punishmets by the commune Law now to those by Statutes Punishmets by Statutes If the Iustices of Peace hauving taken a Recognusance for an Alehouse do not certifie it at the nexte quarter Sessions of the Peace they shal loose fiue markes Alehouse Fiue Marks 5. E. 6. ca. 25. That next Iustice of the Peace which doth not certifie at the next general Sessions of the Peace such presentmets as the ouerséers of the Highwayes haue before presented vnto him shall loose v. ●● for euerie default Highwaics Fiue pound 2 3. Phil. Mar. ca. 8 5. El. ca. 13. If any Iustice of Peace not being sicke nor hauing other lawful excuse to be testified vnder the Oach of one assessed in the Subsidie booke at v. ●● c. do not assemble at the Easter Sessions to rate the wages of seruāts c. he shal loose x. ●● to the Queene 5. El ca. 4. Seruaunts wages Ten pounds And if any Iustice of the peace so assebled shal depart thece before conferece had about the execution of this Acte for setting idle persons on worke he shal fofeit v. ●● 18. El. ca. 3. Poore on worke Fiue pound The Iustice of the Peace which faileth to recorde at the next quarter Sessions the name of any person auctorized to shoote in a Gun the hath preseted his name vnto him shal loose xx ● 2. E. 6. ca. 14. Gunnes Twentie shillings If that Statute do so far extend wherof the words giue cause of doubt And if the Proclamation annexed to the Statute 4. H. 7. ought now to be read then if it be not read at each quarter Sessions euerie Iustice of the Peace there present shall loose xx ● 4. H. 7. ca. 12 Proclamation reade Twentie shillings If the Iustices of the Peace before whō any presentmet shal be made at their quarter Sessions against any person for extolling the auctoritie of the see of Rome do not certifie the same into the Kings Bench within 40. days after if the Tearme be then open and if not then at the first day of the nextful Tearme they shal euerie of them loose E. ●● for euerie default 5. El. ca. 1. Pope A hundreth poundes And those Iustices of the Peace which do not certifie into the Escheaquer their examinations taken concerning the entring of plaintes by the Shirifes shall loose xl ● 11. H. 7. ca. 15. Examinations Fortie shillings The Epilogve Thus haue I by the fauor of God brought this treatise to an end wherin if many things haue escaped me vnséene I doe not greatlye marueile when I looke backe and behold the varietie multitude of the matter that I haue passed thorough and it shall not be harde for him that méeteth with such Estrayes to take and lodge them in their right Titles here The Epilogue Againe if I shal be thought to haue heaped vp too many conceites borowed out of M. Marrowes reading I make aunsweare that I haue omitted many and haue made the best choice that I could If furthermore I shal séeme to those that be maisters in Arte Methode mot to have throughly obserued their rules and speciallye that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bycause I do manye times mingle aliena things not preciselye pertayning to my matter in hand To them I say that it is the receiued manner of teaching in out law To shew things by their contra●ies and disterents and séeing that great lighte commeth to the matter thereby I may neyther condemne it as vnapt nor reiect it as vnseruiceable Moreoure if I haue bene deceiued in laying downe ouerboldely mine own opinion I wil no lesse gladlye be admonished of it than readily reforme my mistakenings Finally whasoeuer other thing is done amisse I protest that it hath escaped of vnskill and not procéeded of wilfulness and therfore I desire that I may be allowed the benefite of the pardon which as I tolde you euen now is in like case grauntable to a Iustice of the Peace Finis A Table conteining verie neare all the imprinted Statutes bothe generall and particular wherewith Iustices of the Peace haue in any sorte to deale King Yeare Chap Content He the 3. 9 25 Of measures and weights   51   Thassise of Bread and Ale   51   The Iudgemet of the pillory   51   The ordinaunce for measuring   51   Of weights and measures Ed. the 1. 3 9 Of fresh suite after Felons     10 Of Coroners     15 Of Bailement of Felons     25 Against maintenaunce     26 That Shirifes and other Ministersshall take no rewardes     27 Of fees for deliuering chapiters     28 Of Maintenance of quarrels   13 34 Of rauishing women     47 Of taking Salmons     49 Against maintenance       The