Law 16. If the Ministers Churchwardens and Constables shall not upon Tuesday or Wednesday in Easter weeke yearely chuse Surveyors for the high-wayes according to the stat in that case provided This neglect of theirs ought to bee presented at the generall Sessions of the peace for which they are to be punished by fine and imprisonment 11. Iacob cap. 7. in Ireland 17. If the Surveyors for the high-wayes or any of them being chosen as in the next precedent Section is specified shall refuse to execute that office by the stat of 11. Iac. cap. 7. in Ireland every of them so offending is to forfeit ten pounds for such his neglect 18. All inhabitants of every parish by the said stat of 11. Iacob are to labour six dayes at the appointment of the Surveyors for mending of the high-wayes within their severall parishes in manner following viz. Every Parishioner that hath a waine or Cart is to labour with his waine or cart with two men and in default therof to forfeit for every day twenty shillings and every other person being a house-holder shall send one man to labour in the amendment of the high-wayes and Cashes or Causeys or else in default thereof every such person making default is to forfeit for every such default two shillings And every of the said Waines Carts and persons are to labour eight houres in every of the said six daies 19. All persons that have lands adjoyning to any high-wayes are to scoure their ditches and to cut the paces adjoyning to such high wayes so as the high-wayes be not impared or annoyed for want of scouring of the ditches or cutting of the paces or in default thereof every person so offending is to forfeit twenty pounds by the said statute of 11. Iac. cap. 7. 20. The neglects of all officers or ministers of Iustice whatsoever in the execution of their severall offices whereby the common-wealth receiveth any prejudice are to be presented at the generall Sessions and by the common law they are to be punished by fine and imprisonment at the discretion of the Court. 21. The neglect of repairing to the church Not repairing to the Church c. to heare Divine Service upon Sundayes and Holy-dayes is likewise to be presented and the partie offending for every such neglect upon any Sunday or Holy-day is to forfeit one shilling 2. Eliz. ca. 2. in Ireland 22. If any person or persons shall refuse to be assistant to the Iustices of peace Sheriffe or undersheriffe when they shall be required to aide them to arrest the offendors in riots routs Refusing to assist the Iustices of peace c. to arrest Rioters c. and unlawfull assemblies and other malefactors this by the common Law is inquirable at the generall Sessions of the peace and to bee punished by fyne and imprisonment at the discretion of the Court. Other abuses and enormities tending to the dishonour of God or the prejudice of the Common-wealth CHAP. 7. THe fourth sort of finable offences are these viz. 1. The prophaning of the Sabbath Prophaning the Sabbath by keeping faires or markets by manuall labour by playes or haunting Tavernes and Ale-houses and these are inquirable in the generall Sessions of the peace and to be punished by imprisonment and bonds of the good behaviour and this by the rule of the Common Law and the first Assignavimus of the Commission of the peace 2. Keeping of Faires or markets in Churches or Church-yards is likewise punishable and by the statute of 13. Edw. 1. called the stat of Winchester to be punished by fyne and imprisonment 3. Depraving of the Booke of Common Prayer by word or by writing Depraving the Book of Common Prayer or the using of any other Common Prayer or administration of Sacraments then such as are prescribed in that Booke is inquirable and by the stat of 2. Eliz. cap. 2. in Ireland to bee punished in manner following viz. If the offendour be an Ecclesiasticall person for the first offence he is to forfeit the profits of all his spirituall promotions for the space of one yeare and to suffer imprisonment by the space of six months for his second offence he is to suffer imprisonment by the space of one whole yeare and to bee deprived of all his spirituall promotions and for his third offence to be deprived ipso facto of all his spirituall promotions and suffer imprisonment during his life And if the offendour be a lay person or one that hath not any spirituall promotion he shall for his first offence suffer imprisonment by the space of one whole yeare without baile or maineprise and for the second offence he shall suffer imprisonment during his life 2. Eliz. cap. 2. in Ireland Disturbing the Minister 4. If any person or persons shall disturbe the Minister in execution of his function according to that Booke of Common Prayer this is likewise inquirable and the offendour herein for his first offence is to forfeit an hundred marke or in liew thereof to suffer imprisonment for the space of six months for his second offence hee is to forfeit foure hundred markes or to suffer imprisonment by the space of twelve months for his third offence he is to forfeit all his goods and Chattles and to be imprisoned during his life 2. Eliz. c. 2. in Ireland Cursing and swearing 5. Such as use to curse and sweare by the statute of 10. Car. cap. 1. in Ireland are to forfeit for every such oath or cursing one shilling Common Drunkards 6. Likewise common Drunkards are to be enquired of for this is an offence at the Common Law and contrary to good governement and such are to be punished by imprisonment and bonds of the good behaviour Common Adulterers 7. So likewise common adulterers by the rule of Common Law are to be enquired of and to be punished by imprisonment and bonds for the good behaviour Common baudy houses 8. And in like manner keepers of common baudy-houses and such as frequent them are by the Common Law to be punished by fyne and imprisonment and to be bound to their good behaviour 9. Keepers of common gaming-houses and common gamesters are to be punished by fyne Common Gaming houses imprisonment and bonds for the good behaviour as a misdemeanor at the common Law 10. In like manner Alehouse-keepers and Taverners that keepe misorder in their houses Alehouses and Tavernes are to bee presented for this offence as a misdemeanor at the common law and are to be punished by fyne imprisonment and bonds of the good behaviour 11. All such persons as shall kill or destroy any frye of Salmon or Eeles with any nets or Engines are to be presented Destroying of Frye c. and by the statute of 10. Car. cap. 14. in Ireland they are for every such offence to forfeit fortie shillings and also their nets and Engines 12. If any person or persons shall take or convey away or
offence 3.l 6 s 8.d 28. H. 8. ca. 15. in Ireland 23. Incumbents not keeping Schooles in their parishes to teach English 23 To forfeite for the first time 6 s 8.d for the second 20 s and for the third time to loose their benefices 28. H. 8. ca. 15. in Ireland Fourthly Other abuses and enormities viz.   1. Prophaning of the Sabbath by keeping Faires and markets by manuall labour by playes and haunting Tavernes and Ale-houses upon the Sabbath day 1 Imprisonment and to bee bound to the good behaviour 2. Keeping of Fayres or Markets in Churches or Church-yards 2 Fyne and imprisonment 13. E. 1. Statute de Winton 3. Depraving the booke of Common prayer by words or by writing or using any other common prayer or administration of Sacraments then is prescribed in that booke 3 For the first offence the profits of all the offendors spirituall promotions and six months imprisonment for the second offence deprivation a yeares imprisonmēt for the third time imprisonment during life and deprivation in spiritual persons For lay persons for the first offence a yeares imprisonment for the second offence imprisonment during life 2. El. ca. 2. in Ireland 4. Disturbing the Minister in execution of his function according to that booke 4 To forfeit for the first offence 100. markes or six months imprisonment For the second offence 400. markes or 12. months imprisonment For the third offence all his goods and chattels and imprisonment during life 2. El. ca. 2. in Ireland 5. Cursing and swearing 5 For every time 12. d. 10. Caroli cap. 1. in Ireland 6. Common turbulent drunkards 6 Imprisonment Fyne and bonds for the good behaviour 7. Common Adulterers 7 Imprisonment and bonds for the good behaviour 8. Keepers of common Baudie-houses and such as frequent them 8 Imprisonment Fyne and Bonds for the good behaviour 9. Keepers of common gaming houses and common gamesters 9 Imprisonment Fyne and Bonds for the good behaviour 10. Alehouse-keepers that keepe misorder in their houses 10 Imprisonment Fyne and Bonds of the good behaviour 11. The killing of yong Spawne and Frie of Samon and Eeles 11 Forfeiture of 40 s and of the Nets and Engines 10. Caroli ca. 14. in Ireland 12. The taking away of yong women under the age of sixteene yeares or marrying of them without the consent of their parents or Tutors 12 Imprisonment by the space of two yeares and if the offendor shall marry her imprisonment by the space of five yeares 10. Caroli ca. 17. in Ireland 13. Plowing by the Taile and pulling the wooll off living sheepe 13 Fyne and imprisonment 11. Caroli ca. 15. in Ireland 14. Burning of Corne in the Straw 14 Fyne and imprisonment 11. Car. ca. 17. in Ireland 15. Coshering and idle wandring 15 Imprisonment and bonds of loyaltie or of the good behaviour at the discretion of the Iustices of Peace 11. Caroli ca. 16. in Ireland 16. Selling of Wine Ale or any other liquor within any Citty or Towne Franchised by measures not sealed 16 Forfeiture 10 s 28. H. 6. ca. 3. in Ireland 17. Wearing of Irish apparell and not using the English habite and language 17 For every Lord Spirituall and Temporall 6.l 13 s 4.d For every Knight and Squire 40 s For every Gentleman or Merchant 20 s For every Freeholder and yeoman 10 s For every Husbandman 6 s 8.d And for all others 3 s 4.d for every offence 28. H. 8. cap. 15. in Ireland 18. Leasing of Corne in harvest by such as are able to labour and permitting of it by the owners 18 For every time offending to loose the Corne and to forfeit 12.d and the owner of the field that willingly shall suffer such leazers to forfeit for every time 12.d 28. H. 8. ca. 24. in Ireland 19. Such as keepe Inmates in harvest that leaze Corne. 19 Forfeiture 6 s 8.d 28. H. 8. ca. 24. in Ireland 20. The rescuing of Swine kept upon any Strand where the Sea doth ebbe and flow from him that shall sease upon them as forfeit 20 Fyne and imprisonment 11. El. ca. 3. in Ireland 21. Laying of Hempe Flax or lymed Hydes in any fresh river 21 Forfeiture of the Hempe Flax Hydes or the treble value of the same 11. El. ca. 5. in Ireland 22. Stopping or straightning of any common way 22 Fyne and imprisonment 23. Stopping or diverting of any water-course whereby any common way or passage is annoyed 23 Fyne and imprisonment 24. Casting of dung or any other thing into any common street or way which doth in any sort annoy the passage 24 Fyne and imprisonment 25. The buying of Hydes Fels Chequers Flegs Yarne Linnen cloath wooll and Flocks by Gray Merchants to sell againe in any other place but in Market or Fayre 25 To be punished as a Forestaller vide supra Forestaller 33. H. 8. ca. 2. in Ireland 26. Sheriffes letting their Bailiwickes to Farme 26 Forfeiture 40.l 23. H. 6. ca. 10. 27. Sheriffes refusing to let men to baile that are baileable 27 To forfeit 40.l to the King and treble damage to the party 23. H. 6. ca. 10. 28. Sheriffes levying Fynes or amerciaments by reason of any indictment or presentment in his Turne Court without processe from the Iustices of peace or that have not brought in such presentments or indictments to the next generall Sessions of the Peace 28 To forfeit 40.l 1. E. 4. ca. 2. 29. Undersheriffes Bailiffes of liberties and others that take upon them to returne panels or Talles or medle with the execution of processe before they take the oath for the true execution of their offices according to the statute of 10. Caroli 29 To be fined to the King in 40.l and pay treble damages to the party grieved 10. Caroli ca. 18. in Ireland 30. Undersheriffes Bailiffes and others that doe any thing contrary to the said oath 30 Fyne to the King 40.l treble damages to the party grieved 10. Carol. ca. 18. in Ireland 31. Purveyors that take any thing of the value of 40 s or under without making ready payment 31 To forfeit the value to the partie and loose his office 2. H. 4. ca. 14. 32. Artificers Labourers or lay men that have not lands worth 40. s. per annum nor priests that have not 10.l per annum that shal keep any Greyhound or other Dog to hunt or use any Ferrets Nets or other Engines to kill Deere Hares or Conyes 32 A yeares imprisonment 13. R. 2. ca. 13. 33. Constables that have not given assistance to the owners of goods to resist Purveyors that take goods under the value of 40 s without paying for the same and any of the Kings officers that have procured any to be arrested or vexed for such resistance 33 Forfeit of 20.l by the officer of the King and the Constable the value of the thing and double damage to the party 20. H. 6. ca. 8. 34. If any man have raised Huy and Cry without cause or being raised upon good cause
sorts viz. Offences 1. Of force and violence 2. Of Fraud and deceit 3. Of Omissions in Officers others and fourthly other Abuses and enormities tending to the prejudice of the common-wealth 4. The eighth Chapter treateth of the substance certaintie and legall formes that ought to be in Indictments and Presentments and the difference betweene the one and the other 5. The ninth Chapter declareth the impediments of proceeding before the Iustices of Peace 6. The tenth Chapter setteth forth the sundry sorts of processe that are to issue upon Indictments and Presentments 7. The 11 12 13 and 14. Chapters declare the severall wayes of hearing and Tryall viz. Vpon Confession Discretion Examination Traverse 8. The 15. Chapter setteth forth the manner of the Tryall of felons upon Arraignement and what helps the prisoners may have to alledge or plead for their acquittall or delay of Tryall Iudgement or Execution 9. The 16. Chapter declareth the severall Iudgements that are to be given upon the offendors for the severall offences aforesaid 10. The 17. Chapter setteth forth the processe which are to issue for the Kings Fyne 11. The 18. Chapter setteth forth the executory processe which are to issue for the parties that prosecute and for restitution of the goods stolne or satisfaction for them 12. The 19. Chapter declareth the manner and forme of certifying the Records of the Sessions into other Courts or unto other officers 13. The 20. Chapter sheweth what matters are to be done and handled in the Quarter-Sessions only or in some one or more of them and at what time they are to be holden 14. The 21. Chapter setteth forth the speciall Sessions of the peace and the matters to be handled therein 15. The 22. Chapter declareth the Rewards and Punishments that are due to the Iustices of Peace The Heads of the severall Chapters and the particular matters contained in each Chapter follow in order as they are set forth in the Booke viz. Ca. 1. The description of the generall Sessions of the peace 1. It is an Assemblie of two Iustices of the peace or more for the executing their generall authoritie S. 2. 2. The times when it is to be holden S. 3. 3. Three things to be done in the Sessions S. 4. Ca. 2. Who shall appoint the sessions and how and when 1. By whom it is to be appointed S. 5. 2. The manner how S. 2 3 4. 3. The wayes whereby the Iustices are to take knowledge of the Causes there to be handled S. 1. 4. By whom it is to be holden S. 6. 5. The place where the Sessions may be holden S. 7 8. 1. The Iustices of peace and their authorities S. 1 2 3. 2. The Custos Rotulorum and his authoritie S. 4 5 6 7. 3. The Records of the Sessions S. 8 9 10 11. Ca. 3. What persons ought to appeare at the sessions and the priviledge of the Sessions 4. The Clerke of the peace and his office S. 13 14 15. 5. The Coroners and their duties S. 16. 6. The Sheriffe and the dutie of his place S. 17. 7. The Bailiffes of Franchises and Constables S. 18 19. 8. Iurors and how they ought to be qualified S. 20 21 22 23 24 25 26 27 28 29. 9. The number of the Iurors and how they ought to bee kept S. 30 31. 10. The punishment of the Iurors for concealement S. 32 33 34 35. 11. The priviledge of the Sessions S. 36. Ca. 4. Of the Articles that are to be given in Charge in the generall Sessions Offences of Force 1. The ancient order of giving the Charge S. 1 2 3 4 5 6. 2. The points of the Charge S. 7 8. 3. Of force as Riots Routs c. S. 9. 4. Of Maihems 5. Of all Assaults Batteries and other Trespasses whatsoever against the body goods or other things of any pag. 10. S. 2 3. 6. Rescuing of distresses pag. 11. S. 4. 7. Breaking of Pounds pag. 11. S. 5. Ca. 5. Offences of Fraud and deceit 1. The description of Extortion S. 1. 2. Extortion in Landlords S. 2. 3. In Escheators S. 3. 4. In Sheriffes S. 4 5 6. 5. In Coroners S. 7. Extortion 6. In ordinaries and their Clerkes S. 8. 7. In Clerkes of the Peace S. 9. Embracery and Imbraceours 8. In Clerkes of the Market S. 10. 9. In Maiors and their Officers c. S. 11. 10. In Purveyors S. 12. 11. Iurors that shall take bribes S. 13. Cousinage 12. By false tokens c. S. 14. 13. Packing of Fish deceitfully S. 15. 14. By Cowpers S. 16. 15. By Millers S. 17. Maintenance and Champerty 16. By buying pretended Titles S. 18. 17. By maintaining of suits or quarrels S. 19 20. Subornation and Perjurie 18. By procuring any to give false testimony S. 21. 19. By giving false testimony S. 22. Forestalling Regrating and ingrossing 20. By buying of Corne or other things comming to the Market S. 23. 21. By buying of Corne or other victuall in the Market and selling the same in the same Market c. S. 24. 22. By ingrossing of Corne and other dead victuals S. 25. False weights and measures 23. Vsing of false weights and measures Sect. 26 27. Victualers 24. By selling corrupt victuals S. 28. 25. By selling at excessive rates S. 29. Artificers 26. By working deceitfully S. 30 31. Conspiracies 27. By Artificers Labourers and servants S. 34. 28. By false Conspiracies to take away ones life S. 35. Forgery 29. By forging of false deeds c. S. 36. Ca. 6. Offences of Omission 1. Omissions in Constables S. 1 2 3 4 5 6 7. 2. Omissions in others S. 7 8 9 10. 3. Neglect of Towneships S. 11 12. 4. Neglect of Servants Labourers c. S. 13 14. 5. Neglect of repairing Bridges c. S. 15. 6. Neglect of Constables and Church-wardens for not electing Surveyors for the high-wayes S. 16. 7. The neglect of the Surveyors S. 17. 8. The neglect of the parishioners for not working on the high-wayes S. 18 19. 9. The neglect of all Officers and Ministers of Iustice for not executing their offices S. 20. 10. The neglect of repairing to the Church c. S. 21. 11. The neglect of such as shall be required by the Iustices of Peace or Sheriffes to assist them to arrest offendors in Riots c. and other malefactors S. 22. 1. Prophaning the Sabbath S. 1 2. 2. Depraving the Booke of Common Prayer or disturbing the Minister S. 3 4. 3. Cursing and swearing S. 5. 4. Common Drunkards and common Adulterers S. 6 7. 5. Keepers of Bawdy-houses and the Frequenters of them S. 8. 6. Common gaming houses and common gamesters S. 9. 7. Alehouse-keepers and Taverners that keepe disorder S. 10. 8. Destroying of Salmon Frye S. 11. Ca. 7. Other abuses tending to the dishonour of God and prejudice to the Commonwealth 9. The taking away of young women S. 12. 10. Plowing by the taile S. 13. 11. Burning of Corne in the Straw S. 14. 12. Coshering and idle wandring
alibi in diversis locis infra Comitat. praed usus est ubi idem A.B. dicto tempore receptionis liberatae praed aut unquam postea non fuit familiaris officiarius ballivus aut de consilio dicti T.B. in una lege aut altera eruditus Iudgement ut supra In magn dicti domini Regis contemptum ac contra form statut in hujusmodi casu ante hac provis edit 23. An Indictment against a Leazar of Corne upon the statute of 28. H. 8. cap. 24. IUratores pro Dom. Rege super sacramentum suum dicunt praesentant quòd A.B. de C. in Com. D. Spinster in tempore autumni ult praeterit fuit communis Spicilegus Anglicè a Leazer of Corne quòd die c. anno c. apud C. praed in quodam agro frumenti adtunc in occupatione cujusdam I.S. de C. praedict vocat the Wheat field sine licentia praedicti I.S. diversas spicas frumenti ipsius I.S. ad valentiam duorum solidorum tunc ibidem juvent illicitè collegit Anglicè did leaze easdem asportavit frumento nuper in eodem agro crescente in agro praed tunc remanente In coÌ„tempt dom Regis nunc Iudgement Fine of â—2 d. at contra formam statuti in hujusmodi casu edit provis 24. An Indictment for permitting Leazers to loâ—â—â— Corne upon the said statute of 28. H. 8. ca. 24. IVr c. praesent quod A.B. de C. in Com. D. gen die c. anno c. quosdam spicilegos Angl. Leazers of Corne viz. C.D. E. â— G.H. I.K. in quodam agro in C. praed voc the Wheat field tunc in occupatione ejusd A.B. diversas spicas ad valentiam duor solidor colligere Anglicè to leaze voluntariè illicitè permisit frumento in agro praedicto nuper crescente in eod agro tunc remâ—nente In coÌ„tempt dom Regis nunc Iudgement ut supra ac contra formam stat in hujusmodi casu edit provis 25. An Indictment for keeping Inmates that leaze Corne in harvest upon the said statute of 28. â— 8. ca. 24. IVr c praesent quòd A. B. de C. in Com. D. Husbandman in tempore autumni viz. à primo die Augusti ult praeteriti usque ad ult diem Septembris ult praeteriti recepit custodivit in domo sua apud C. praed diversus personas vocat Inmates viz. I.F. G.H. I.K. quae quidem personae per totum tempus praedict fuerunt communes spicilegi Anglicè Leazers of Corne quòd praedict I.F. G.H. I.K. die anno c. apud C. praedict in quodam agro adtunc in occupatione cujusdam I.S. vocat the Wheat field ac in quamplurimis alijs diebus locis in Com. praedicto inter prâ—â—dict primam diem Augusti ult diem Septembr ultimè praeterit quam plurimas spicas ad valentiam 40. s. sine licentia ejusd I.S. aut alicujus seu aliquorum occupatorum illorum agror ubi spicae praedictae collectae fuer vel eorum alicujus illicitè colligerunt Anglicè haue leazed frumento in agro praed nuper crescente in eod agro tunc remanente in contempt dom regis nunc Iudgement Fine of 6 s. 8.d contra form statut in hujusmodi casu edit provis 26. An Indictment upon the statute of Anno 1. Eliz. against a Priest for saying of Masse in the vestry of a Church and for using in the Celebration of the Lords Supper other rites and Ceremonies then are appointed in the Booke of Common prayer in anno 5. 6. E. 6. and against two others for hearing the said Masse IUr. c. dicunt praesentant quòd G. C. nuper de E. in Com. E. Clericus the c. anno c. apud E. praed in Com. E. praed in quodam loco ibid. vocat the vestry-house juxta Ecclesiam parochialem de E. praed in Com. E. praed voluntariè usus fuit privato alio ritu ceremonia forma modo celebrationis Coenae Dominicae voc the Lords Supper quam in quodam libro intitulato Liber Communu precation administration Sacrament aliorum rituum Ceremoniar Ecclesia Anglicanae authorizato per Act. Parliamenti tenti in annis quinto sexto regni Domini Edw. nuper reg Angliae sexti declar mentionat existit viz. dicend celebrando unam privatam missam contra formam statuti in Parliamento Dom. Eliz. nuper Reginae apud Dublin anno regni sui secundo tento editi provisi contra pac Dom. Regis nunc coron c. quod T.B. nuper de B. in Com. praed yeoman Iudgement for the Priest a yeeres imprisonment and for the hearers of the Masse the fyne of 100. markes I.M. nuper de W. in Com. praedicto Labourer die anno supradictis apud W. praedictam in Com. praedicto tempore celebrationis praed Coenae Dominicae modo forma praedictis fuerunt praesentes voluntariè audientes Missam praedictam in forma praedicta dictam celebrat contra formam statuti praed ac contra pacem c. 27. An Indictment for laying Hemp and Flax in a River upon the statute of 11. El. cap. 5. IVrat c. praesent quòd A.B. de C. in Com. D. Husbandman die c. anno c. apud C. praed in Com. praed unam carectatam lini valoris viginti solidor unam carectat cannabis valor 20 s in quodaÌ„ frisco torrenti in C. praed vocat the Brooke of C. praed posuit locavit ad macerand per quod aqua praed Torrentis per magn tempus corrupta venenata intoxicata devenit Iudgement to be fiâ—ed treble â—aluâ— c. ad coÌ„mune nocumeÌ„t inhabitantiuÌ„ villae praed coÌ„tra form stat in hujusmod casu edit provis The like Indictment may be made for laying any limed hides in a running water mutatis mutandis 28. For Nusance in the Kings high way by inclosing of part of the way IUr. c. dicunt praesent quòd E. S. nuper de W. in Com. W. praed gen secundo die Maij anno c. partem cujusdam viae regiae in W. in Com. praed ducent à W. praed usque ad S. in eod Comitatu viz. à W. praed usque ad quandam foveam in S. praed in praedicto Com. W. vocat le common pit in ead via existentem cum sepe fossa inclusit obstruxit eand viam regiam sic inclus à praedicto 2. die Maij usque diem captionis hujus Inquisitionis in pasturam convertebat adhuc custodit in malum perniciosum exemplum aliorum Iudgement Fine and imprisonment and to remove the Nusance ad grave damnum commune nocument omnium ligeor subditorum dicti domini Regis ibidem prope inhabitantium quorum interest illâc transire ac contra formam
Deut. ibid. Ye shall have no respect of persons in judgement 3. Hatred or malice against the partie or some of his See Levit 19.18 4. Covetousnesse when they receive or expect gift or reward for as the wise man saith Rewards and gifts doe blinde the eyes of the wise Eccles 10.28 and make them dumbe that they cannot reprove faults 5. Perturbation of mind as anger or such like passion Iames 1.20 The wrath of man doth not accomplish the Righteousnesse of God 6. Ignorance or want of true understanding what is to bee done Ignorantia mater erroris 7. Presumption when without law or other sufficient rule or warrant they presuming of their owne wits proceede according to their owne wils and affections There is more hope of a foole then of him that is wise in his owne conceit Prov. 26.12 8. Delay which in effect is a denying of Iustice Negligentia semper habet Comitem infortunium mora trahit periculum 9. Precipitation or too much rashnesse when they proceede hastily without due examination and consideration of the fact and of all materiall circumstances or without hearing both parties for as another saith qui aliquid statuerit parte inaudita altera aquum licet staâ—uerit haud aquus est hee that shall judge or determine of a matter the one party being unheard although he shall give just judgement yet is he not a just Iudge His Ma. speech in the Sâ—archamber Anno. 1616. 6. All these his late Majestie King Iames hath shortly yet fully observed in his charge lately given to the Iudges of England sc charging them That they doe Iustice uprightly and indifferently without delay partiality feare or bribery with stout and upright hearts with cleane and uncorrupt hands and yet not to utter their owne consents but the true meaning of the law not making lawes but interpreting the Law and that according to the true sence thereof and after deliberate consultation remembring that their Office is Ius dicere and not Ius dare 7. According to this last also is the rule given in the booke of Iudges sc in all causes doubtfull first to consider of the matter Iudges 1930. to consult and then to give sentence 8. Yea God himselfe hath given us Presidents of such deliberate proceedings as you may see in Genesis chap. 3. vers 8. Gen. 3.8.9.11 c. and chap. 18. vers 21. 9. These are worthy Directions for all Iustices of peace that they may carry themselves in their places uprightly and indifferently not uttering their owne conceites nor upon the sudden to over-rule things but after deliberate consideration and consultation then to proceede to execute the authority committed to them 10. Iustices of peace are Iudges of Record Their description or definâ—tion appointed by the King to bee Iustices within certaine limits for the conservation of the peace and for the execution of divers things comprehended within their Commission and within divers statutes committed to their charge 11. Now first that the Iustices of peace are Iudges of Record 9. E. 3. 4. 14. H. 8. 16. yea that every Iustice of peace by himselfe is a Iudge of Record and upon whose sole report and testimony the law reposeth it selfe very much appeareth more plainely if you observe these things following 1. Hee is made under the great Seale which is a matter of Record 2. Every Iustice of peace hath judiciall power given unto him by the Commission sc in the first assignavimus 3. Also by some statutes they have judiciall power given them for they may make a Record of a force by them viewed and may thereupon fine and imprison the offendors yea one Iustice of peace may also heare and determine and punish an offendor in some cases as convicted upon his owne view or examination as in cases of forcible Deteyner 4. His warrant though it be beyond his authority is not disputable by the Constable or other inferior Minister but must be obeyed and executed by them But this must bee understood 14. H. 8. 18. Co. 10. 7. 6. when the Iustice of peace hath Iurisdiction of the cause for or concerning which he hath granted his warrant for otherwise the Constable or other Officer executing such warrant is punishable notwithstanding the warrant 5. Hee may take a Recognizance for the peace c. which is a matter of Record and which none can doe but a Iudge of Record See Br. Recog 8. 14. 6. His record or testimony in some cases is of as great force and in some other cases of greater force then an Indictment upon the oath of twelve men as in cases of Forcible Entry forcible Deteyner and Riots 7. Great cause therefore have the Iustices of P. to take heed that they abuse not this their credit and authoritie either to the oppressing of the subject by making untrue Records or defrauding of the King by suppressing true Records 12. Now concerning peace it is the amitie confidence and quiet that is betweene men and he that breaketh this amitie or quiet breaketh the peace 13. Yet peace in our law most commonly is taken for an abstinence from actuall and injurious force and offer of violence and so is rather a restraining of hands then an uniting of mindes And for the maintenance of this peace chiefly were the Iustices of Peace first made 14. The breach of this peace seemeth to be any injurious force or violence moved against the person of another his goods lands or other possessions whether it be by threatning words or by furious gesture or force of the bodie or any other force used in terrorem populi 15. The Office of the Iustice of Peace is principally to be exercised to the suppressing of such injurious and unlawfull force or violence and yet the Commission of the P. being pro conservatione pacis pro quieto regimine gubernatione populi I see not why the Iustices of Peace should be restrained from preventing and repressing such other offences misbehaviours and deceits as may breake the amitie quiet and good governement of the people and whereof discords and so breaches of the peace doe often arise though there appeare neither force nor violence in the offence it selfe as libellings cosinages and such other offences 16. But it is no part of their office to forbid lawfull suits albeit they shall doe well to be mediators of peace in such suites and controversies as shall arise amongst their neighbours 17. The Conservation of the peace and therein the care of the Iustice of peace consisteth in three things viz 1. In preventing the breach of the peace wisely fore-seeing and repressing the beginnings thereof by taking surety for the keeping of it or for the good behaviour of the offendors as the case shall require 2. In pacifying such as are in breaking of the peace 3. In punishing according to the law such as have broken the peace 18. But of the three the first viz. the preventing part is
determine thereof as law requireth 39. The second Assignavimus in the Commission doth give authoritie to any two Iustices of the peace or more the one being of the Quorum in these five things following 1. To enquire by a Iurie of all offences mentioned within the Commission 2. To take and view all Iudictments and presentments of the Iurie 3. To grant out proces against the offendors except in cases of Treason in the County of Dublin and cases of Treason and felonie in the other Counties thereby to cause them to come and answere to the said Iudictments 4. To trie and heare all such offences except before excepted upon any former or future indictments taken before themselves or before any other Iustices of the peace after the offendors be come in 5. To determine thereof by giving Iudgement and inflicting punishment upon the offendors according to the Lawes and statutes 40. But all the busines included within the second Assignavimus belongeth to the Sessions of the peace which is to be declared in the second part of this booke and therefore I forbeare to speake of it in this place 41. Note also that there be diverse statutes which be not specified within the Commission and yet are committed to the charge and care of the Iustices of peace and are a sufficient warrant and Commission of themselves although they be not recited in the Commission And all such statutes are also to be executed according as the same statutes themselves do severally prescribe and set downe 42. And for that most of the busines and practise of the Iustices of peace doth consist and lye in the execution of such statutes as are committed to their charge whether they be specified in the Commission or not specified there the numbers of which statutes are exceedingly encreased of late yeares to the overburthening of all the Iustices of peace And the rather to give some little help to such Iustices of peace who being destitute of the assistance of such as are learned in the Lawes are daily to administer Iustice and to execute their office at home and out of their Sessions I have for their better case herein endeavored in this treatise to set downe more orderly and particularly the severall parts and branches of every such statute by it selfe under their proper titles with further referments to the statutes themselves at large or to the Abridgements 43. The power and authoritie of the Iustices of peace aswell given them by the said Commission as by the statutes is in some cases Ministeriall or regular and limited as a Minister onely And in some other cases judiciall or absolute and as a Iudge 44. Ministeriall when he is thereto commaunded by a higher authoritie 45. As upon A supplicavit out of the Chancery or Kings Bench for the taking of suretie for the peace or good behaviour and a Writ upon the statute of North-hampton upon a forceible Entrie In the execution of which two Writs the Iustice of peace may proceede no further or otherwise then hee is authorised by such writ and is also to returne the writ and to certifie his doings therein into the Court whence the writ came 46. But in all other cases the power of the Iustices of peace is absolute in some manner so as they and every of them may of their owne power proceede ex officio and as a Iudge yet this their power is also limited for they may neither hang a man for a trespasse nor fine him for a felony but must proceede in all things according as they are prescribed by the Commission and by the said severall statutes 47. And yet for that all Considerable circumstances can neither be comprehended in the Commission Discretion nor fore-seene at the time of the making of the statutes Therefore oftentimes some things are referred to the consideration of the Iustices of peace and left to be supplyed by them in their discretion 48. The Commission of the peace in it selfe doth leave litle or nothing to the discretion of the Iustices of peace but doth limit them to proceede secundum leges consuetudines ordinationes et statuta 49. But by some late statutes some things are therein by speciall words referred to the discretion of the Iustices of peace some out of Sessions and some at their Sessions 50. I will here onely set downe some particulars of such things as are referred to their discretions out of their Sessions 1. Labourers 23. H 6. ca. 13. One Iustice of peace may cause all such persons as be meete to labour by his discretion to worke in harvest and hay time 2. Trespassers in Corne Orchards Hedges or Woods Trespasse 10. Carol. ca. 23. in hib which in the discretion of the Iustice are not thought able to give satisfaction shal be whipped 3. Tyle 17. E. 4. ca. 4. One Iustice of peace may heare and determine by examination or otherwise by his discretion the offences cōmitted in Tile making 4. Two Iustices may assesse 10. Carol. ca. 13. according to their discretions proprotionably all the parishes within the hundred towards a contribution for the parties charged upon a Robberie c. 5. Two 9. H. 5. ca. 8. Iustices may fine by their discretion all buyers and sellers with unlawfull weights and measures 6. There be some other statutes and some other cases wherein the discretion of the Iustices of peace out of their Sessions is tollerated But the Counsell of Cicero herein is to be observed Sapientis est Iudicis cogitare tantū sibi esse permissum quantum sit commissum ac creditum 7. Also the sayings of the late reverend Iudge and Sage of the Law in his fifth part in Rooks case Co. li. 5. fo 100. li. 10. fo 140. and in his tenth part in Keighleys case are worthy observation sc That discretion is a knowledge or understanding to discerne betweene truth and falshood betweene right and wrong betweene shaddowes and substance betweene Equity and colourable glosses and pretences and not to doe according to our wills and private affections for talis discretio discretionem confundit And therefore in both the recited cases it was holden that though the words in the Commission of Sewers do give authoritie to those Commissioners to do according to their discretions that yet their discretion and proceedings ought to be limited and bounded with the rules of reason Law and Iustice Againe discretion saith he is scire per legem quid sit justum And therefore every Iudge Iustice or Commissioner ought to have duos sales viz. Salem sapientiae ne sit insipidus Et salem conscientiae ne sit Diabolus 8. And as Master Lambert well said no way better shall the discretion of a Iustice of peace appeare then if he remembring that he is lex loquens shall containe himselfe within the lists of Law and shall not use his discretion but only where both the Law permitteth and the present case requireth 9. In all
many Iustices as be now at these dayes in every Shire and would be present at the Sessions and concerning the latter point it seemeth by the latter Statute it selfe that the sheriffe shall first pay the wages and then the Barons shall make the allowance according to the Indenture So that I see no libertie of such nomination left unto the Barons 5. I confesse that it might breed both offence against the Sheriffe and a jealousie among the Iustices themselves to have one of them preferred before another in this payment and therefore I thinke it wisely done as it is somewhere used to bestow the whole allowance upon the defraying of their Common Diet. 6. If the Fynes and Amerciaments of the same sessions saith M. Marr. will not fully amount to the summe of the wages then due to the Iustices yet shall the wages be ratably payed out of them so farre as they will extend 7. Hitherto of reward henceforth of punishment Punishment at the Common Law It seemeth by the opinion of some Iustices 2. R. 3. 10. that if a Iustice of the peace doe any thing of Record ignorantly and for want of knowledge that he shall not be punished for it Lamb. li. 4. pag. 630. And this opinion of theirs is not new in this realme although it bee otherwise truly said Imperitia quoque culpae adnumeratur for you may read in the old lawes of King Edgar cap. 2. and of King Canut cap. 14. that if a Iudge had erred in his office hee might then have excused himselfe by oath That he did it not of evill minde and that he knew not how to doe better which I speake not to comfort men in carelesse ignorance but to shew you that men may erre and erring by infirmitie they are not altogether unworthy of pardon and withall to let the Iustices of peace see that it may be a fault to erre by ignorance and that therefore they ought to stay where they meet with non liquet as their owne Commission doth direct them 8. Now on the other side if a Iustice of the peace will craftily embezell an Endictment or wilfully raze any part thereof or malitiously enrole or file that for an Endictment which was never found by the Iurie Then by the Resolution of all the Iustices assembled before the King in the Starrechamber 2. R. 3. a Commission may goe out to enquire by the oathes of twelve men of such his misdemeanour and if he bee convicted thereof he deserveth to loose his office and to make Fyne to the King according to the quantitie of his misprision and offence Ibidem fol. 10. And even so may he be punished as this booke leadeth mee to thinke if he alter an Endictment of Trespasse into an Endictment of Felonie howsoever the opinion 27. lib. Ass pl. 18. be found against it 9. A Iustice of the peace may also be indicted of the unlawfull taking of money for doing his office or of such other falsitie Fitzh Na. b. 243. And if he cause a man to bee endicted at the Sessions by former conspiracy or indirect practise hee is punishable for it as a private man 21. E. 4. 67. 10. But if in the handling of a cause at the open Sessions it happeneth him to speake against an offendour somewhat excessively yet he shall not bee punished for it Iuris enim executio non habet injuriam Neverthelesse Iudges ought not to abuse their tongues by intemperance but they must rather take great heed as Cic. pro Font. said Quibus verbis utantur nè quid nimis moderatè positam nè quid ab aliqua cupiditate prolapsum verbum esse videatur FINIS A briefe Roll of the Articles and matters to be given in Charge and inquired of by the Grand-Iury in the generall or quarter Sessions of the peace set forth in two Columnes the first containing the Offences the second declaring the severall punishments which are to be inflicted for every particular Offence The offences consist of these five parts following viz. 1. Of Treasons 2. Of Felonies 3. Of Misprisions 4. Of Praemunires 5. Of Finable Offences 1. Concerning Treasons it is to be observed that at the Common Law before the tenth yeare of King Henry the seventh there were two sorts of Treasons viz. high Treason and pettie Treason but now by the statute of 10. H. 7. ca. 21. all such offences as at the Common Law were but pettie Treason are made high Treason 2. Concerning Felonies they be of tWo sorts viz. Felonies of death for which the offendor shall loose his life lands and goods and felonies not of death for which the offendour shall neither loose life nor lands but shall forfeit onely his goods and chattels and either have his pardon of course or otherwise bee punished by imprisonment whipping or burning in the hand as the case shall require 3. Concerning Misprisions they be of three sorts viz. Misprisions of Treason Misprisions of Felonie and other Misprisions 4. Concerning Praemuniries they are of two sorts the one is the extolling of forraigne power and Iurisdiction in this Kingdome the other is for prosecuting causes in the Ecclesiasticall Courts for matters meerely temporall and determinable at the Common Law 5. Concerning Finable Offences they are of foure sorts viz. First Offences of force and violence Secondly Offences of fraud and deceit Thirdly Offences of Omissions and neglects of Officers and others and lastly other abuses and enormities of severall sorts tending to the hurt and prejudice of the Common-wealth The particulars of all these Offences you shall find in the first Columne and of the punishments in the second as followeth viz. The Offences  The Punishments First of Treasons viz.  1. The compassing or imagining the death or destruction of the Kings Majestie the Queene or their sonne and heire apparant 2. The conspiring to depose the King or to take from him any of his Forts or to defeat his Armie 3. The deflouring of the Queene or the eldest daughter of the King not marryed or the wife of the eldest sonne and heire apparant of the King The punishment for the 6. 7. 8. 14. 15. 21. and 22. of these treasons for a man is to bee drawen and hanged and for a woman to be burned and for all the rest for a man to be hanged drawne and quartered and for a woman to be burned vide Coke libro Intrationum fo 360. 6. El. Dy. fo 230. p. 55. 1. H. 6. fo 6. Stamford fo 32. f. 4. Levying of warre against the King in his realme 5. Adhering to the Kings enemies in his realme or giving them ayde or comfort in his Realme or elsewhere 6. The counterfeiting of the great or privy seale of the King 7. The counterfeiting clipping fyleing washing or other falsifying of the Kings mony and also the forging and counterfeiting of forraigne Coine permitted to passe currant in this kingdome 8. The bringing in of false money like to the money of this