Sessions pag. 132 18 Of the Breache of the Peace without a Multitude or with a Multitude by forcible entrie into landes or tenementes and what one Iustice of Peace out of the Sessions may doe therein 145 19 Of other breaches of the Peace with a multitude as by Riot Rout or vnlawfull assembly c. And what one Iustice of Peace out of the Sessions may doe therein 172 20 What other things one Iustice of the Peace alone may doe out of the Sessions by vertue of Statutes mentioned in the Commission 184 21 What other things one Iustice of the Peace may doe out of the Sessions by the power of other Statutes not mentioned in the Commission 190 22 What things any two Iustices of the Peace may do out of the Sessions 227 23 What things some two Iustices of the Peace may doe out of the Sessions 246 24 What things three or moe Iustices of the Peace may do out of the Sessions 273 25 Of the Rewarde and punishment of Iustices of the Peace for things done not done or missdone out of the Sessions of the Peace 276  The Epilogue 281 The Contentes of the Chapiters in the second Booke  The Proheme 283 1 The description of the Sessions of the Peace 284 2 Who shall appoint the Sessions of the Peace and howe and where 289 3 What persons ought to appeare at the Sessions And therein of the Gâ—â—stos Roâ—â—lorâ— the Recordes of the Sessions and the Clerke of the Peace and howe the Iuroâ—â—s ought to be qualified and ordered 294 4 Of the Articles that are to be giuen in charge at the Sessions of the Peace 310 5 Of the Enditements and Presentmentes given by the Iuroâ—â—rs and of the matter and forme and receiuing and reiecting and reiecting of them 383 6 Of the Presentments and Informations of Officers and other men 403 7 Of the Impedimentes of proceding vpon Enditements before Iustices of Peace 409 8 Of the Processe vpon Enditements and Informations pag. 415 9 Of hearing vpon Confession 426 10 Of hearing by Diserection 428 11 Of hearing or Triall vpon Examination 431 12 Of Triall or hearing by Cerâ—ifieas 434 13 Of hearing or Triall by Trauerses 436 14 Of Triall vpon Araignment and therewithall of Felotâ—es 449 15 Of Iudgement 453 16 Of the Processe for the Fine of the Queene and of the assessing thereof and of Estreating for the Queene pag. 458 17 Of the Executorie Processe and execution for the parties that sue or for other persons 469 18 Of Certifying Recordes of the Sessions of the Peace to other Courts or Officers 472 19 Of the Generall of Quarter Sessions of the Peace 477 20 Of the Speciall Sessions of the Peace 500 21 Of the Rewardes and Punishments due to Iustices of the Peace in respect of their Sessions 503  The Epilogue 518 The ende of the Table EIRENARCHA Or of the Office of the Iustices of Peace THE PROHEME TO write of the Office and Duetie of Iustices of the Peace after M. Marrowe whose learned Reading in that behalf made the xviii yeare of King Henrie the seauenth is in manie handes to bée séene and after Iustice Fitzherbert who published an excellent treatise thereof which is yet euery where bée had may at the firste séeme no lesse vnaduisedly done than if a man shoulde bring Owles to Athens as the Prouerbe is or stickes into a growing Wood or Copise Howbeit if it be considered that since their time this Office is charged with manie Statutes which were not made when their wrytings were penned and if it bée weighed also that sundry things in them had theÌ„ the the force of law which now at this day they haue lost by alteration of like authoritie It cannot bée thought altogither in vayne to conferre their writings with the Booke cases Statutes that haue arisen of latter tymes and out of them all to collect some discourse that may serue for the present age wherein wée now liue and somewhat further the good endeuour of such as bée not trained up in the studie of the lawes In which doyng as I meane to robbe no man of his right but to yéeld to eche one the due prayse of his owne fearing least as the Poet sayd Moueat Cornicula risum Furtiuis nudata coloribus So if I my selfe shal be found here and there to dissent in opinion from other men I desire heartilie that my good meaning bée not euill interpreted that my allegations and reasons be weighed indifferently and that the respect of my person bring no preiudice to the thyng in question ⧠What Iustices of the Peace bee and why called Iustices CHAP. I. IVSTICES of the Peace A definition or description of Iustices of the Peace bée Iudge of Iudges of Recorde appointed by the Quéene to bée Iustices within certaine limites for the Conseruation of the Peace and for the execution of sundrie thinges comprehended in their Commision and in diuers lawes committed vnto them These and many other Iudiciall officers in our lawe be called Iustices per metonymiam subieti bicause they doe or should doe lawe and Iustices For in many olde Histories Why they be called Iustices the Chiefe Iustices of England is termed Capitalis Iustitia and Prima post Regem in Anglia Iustitia and the Originall Writtes that are in M. Glanuils Booke which was written vnder the raigne of king Henry the second haue this forme quod sit coram me vel Iustitijs meis And this no doubt was done of speciall purpose and to the ende that the mention of their name should put them in minde of their office and should continually as it were sollicite them to administer Iustice for whole sake they were appoynted But in the dayes of King Henry the third M. Bracton who reduced the body of our law into Latine and therein imitated the Methode of the Ciuile Lawyers chaunged the worde Iustitijs into Iustitiarijs how Latine like let them iudge that can skil and setteth downe the Writtes accordingly coram Iustitiarijs nostris Since which tyme not onely all our Writtes that commaund appearance before the Iustices at Westminster do vse the word Iustitiariss but all Commissions of Sewers of the Peace of Oyer Terminer and such like do obserue the same forme also And of this it commeth that M. Fitzherbert in his treatise of the Iustices of Peace calleth them Iusticers contractly for Iusticiars and not Iustices as we commonly and not altogither vnproperly do name them Of the signification of the worde Peace CHAP. II. Peace hath many significations OF the Latine worde Pax the Normans framed their Paix and we out of the that our peace which name hath sundry significations in the holy Scripture For there is an inward and an outward Peace And this inward Peace is either good or euill First then there is pax apud Deum that is to say our reconciliation made with God the father by the death of Christ his sonne who is pax
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. Hae tibi artes erunt pacique imponere morem AT LONDON Imprinted by Ra Newbery and H. Bynneman by the ass of Ri. Tot. Chr. Bar. ANNO. DOM 1581. TO THE RIGHT HONORABLE SYR Thomas Bromley Knight Lord Chauncelour of England AFTER suche tyme as it liked you Right honorable to commaunde my name to be put into the Commission of the Peace for Kent I thought it my part aswel for sauing you my speciall good L. and fauourer blamelesse in the Choice as also for mine owne Information and discharge in the Seruice it selfe to looke diligently into that portion of our Lawe which concerneth the office of the Peace wherewith I had before that time very litle or none acquaintance And therefore in greedie appetite I beganne first with M. Fitzherbertes treatise of the Iusticers of Peace then went I to an other auncient booke of the same Argument but of an Author unknowen to me and thirdly I came to M. Marrowes reading All which when I had perused I seemed to my selfe to haue taken same such taste of the thing that I sought as did rather incense than satisfie my thirste and desire Wherefore seeking after a full meale and calling to minds that it was truely sayd Gratiùs ex ipso fonte bibuntur aquae I betooke me to the olde and newe bookes of the Common Lawes and to the volumes of the Actes and Statutes and mistrusting the slippâ—rnesse of mine owne msâ—â—eâ—ie I did vapon a seconde reading plot the master with my penne and made as it were a Module thereof in a small booke wherein I brought togeather stuffe of â—â—h kinde sorted in beapâ—◠〈◊〉 lâ—â—ed veadie to be wrought and framed Howbeit I did not then purpose te haue waded any deeper in this foorde as fearing that the water was higher than my head and thinking it sufficient for mine owne priâ—â—â—â— vse 〈◊〉 haue some seruiceable furniture ready at hand though otherwise neither much orderly digested nor painfully penned But when as through dayly occasion to vse that booke abroad I had emparted it with other men I was perswaded by sundrie godly wife and not vntegrned gentlemen my friendes that the more parte of the Iustices of the Peace at this day had neede of some helpe in writing for their better conduict in that office that it might increase the knowledge of many of them and consequntly doe a common good to haue the booke made common by Impression Then againe I tooke the booke into my bandes and ripping stitche by stitche my former doing I enlarged the work graâ—â—ing vnto it more breathe rooâ—â— of speache I planted Precedentes here and there in it I gaue it some light of Order Methode and added withall some delight of historie and Recorde Finally framing it altogether to commune conceipt and practise I prouided as I might both for profite and pleasure and fraught and laded it with the bact ware of counsell and aduice that I had of myne owne or could borrowe of my friendes determining so to send it from the Cape of good Hope and to aduenture it to the Seas and windes of the Iudgements and reaportes of other men The same now my singular good L. though neither aunswearable to your woorthinesse nor to myne owne wish I am bold to present vnto you being there vnto carried by these respectes First trusting that you which doe goe before them all in the perfect knowledge of our Lawe that have gone before you in that honourable place which you now holde will accoding to the Rule of Lawe in your owne handes rectifie the Commission of the Peace and some other crookednesse whereof this booke shall bring complaint before you Secondly assuring my selfe that if you shall not condemne or Cancell it but shall allow it and seale as it were the Writte De pace for it then both I shall finde the better comfort and defence and the books it selfe shall haue the more curâ—â—ous entertainment and freer passage with other men Lastly wishing that it may remaine a perpetuall Monument of the Sacrifice of mine owne thankefulnesse for those your rare and long continued fauours from time to time euen vndeseruedly bestowed and cast vpon me Vouchsafe therefore I pray you my verie good L. this slender gift as the hand and from the heart of him who if he had equall mixture of might to his minde would giue you that which should be proportionable to the setting foorth of your Honour and the acquitall of his owne dutie and deuation towardes you The Lord of Lordes blesse you for his Christes sake with the spirit of godly and couragious wisedom and make you a long and happie Counsailour of this Estate to the furtherence of his holy Gospell the weale of the English nation the true seruice of the Queenes Maiestie and your owne Honourable and long lasting memorie Amen From Lincolnes Inne this 27. day of Ianurrie 1581. Your H. most humble and readie to be commaunded in the Lord WILLIAM LAMBARD A Table of the Contents The Contents of the Chapiters in the first Booke  The Proheme Pag. 1 CAP. 1. What Iustices of the Peace bee and why called Iustices 3 2 Of the signification of the word Peace 4 3 Of such as had the Conseruation of the Peace at the commune lawe 11 4 Of the first ordayning of the Wardens and Iustices of the Peace by Statute law 20 5 By whose auctoritie and by what meanes Iustices of the Peace bee appointed and of what fortes they be pag. 26 6 What manner of men the Commissioners of the Peace ought to bee 32 7 How many Commissioners of the Peace there ought to bee in eache Countie 36 8 The forme of the Commission of the Peace 39 9 Certaine obseruations coÌ„cerning the matter forme of the Commission of the Peace 46 10 Of the two oathes ministred to the Iustices of the Peace 57 11 Of the power absolute and limited that the Iustices of the Peace haue 63 12 Of the Iurisdiction and Coertion belonging to the Iustices of Peace 65 13 That Iustices of the Peace bee Iudges of Record 69 14 How long time the auctoritie of the Commissioners of the Peace is to endure and by what meanes it may bee suspended or determined 74 15 That all the auctoritie of the Iustices of the Peace it exercised either out of the Sessions or at or by reason of the Sessions of the Peace 80 16 Of Suertie of the Peace and the Good abearing and of sundrie things incident vnto the same what one Iustice of Peace out of the Sessions may do therein 82 17 Of the Breache of the Peace without a Multitude against the person and howe it may be stayed or punished by one Iustice of Peace out of the
bounde to some parte of hys body Assises of Fewel 7. E. 6. ca. 7. but consider whether a Iustice of Peace maye conuicte him of the saide forfeiture or no for it seemeth by the wordes of the Statute that hée is to be rather a Minister than a Iudge in that case If any person aboue firetéene yéeres of age doe by the space of twelue Moneths forbeare to repaire to some Church Chappell or vsuall place of common Prayer contrarie to the tenor of the Statute 1. Eli. ca. 2. then any one Iustice of Peace of the Countie where such offendor shall dwell or be may make Certificat thereof in writing into the Kings Bench to the ende that the offendor maye there vppon bée bounde in 200 lb at the leaft with sufficient suerties to the good behauiour for that this so loÌ„g obstinacie besides the other penalties 23. Repayre to the Church Eliz. cap. 1. Euerie Iustice of Peace maye eramine offences against the Statute made for preseruation of Phesants and Patriches against hauking in Corne if the same offences bée not before lawsully hearde or determined otherwise and may take bond of the offendor with good suerties for his apparaÌ„ce af the nerf general Seisions of the Peace to aumswere to the saide offence and to pay the penaltie or receiue the punishmet due therfore and may also after conuiction and punisment of suche offender in taking or killing PhesaÌ„ts or Patriches take like bosd of him suerties that for the space of two yeares he shall not offende against the saide Statute Phesants Patriches 23. El. ca. 10. If séemeth that one Iustice of the Peace may vpon complaint of the partie gréeued eramine the Shirife Vndershirife and Plaintife concerning the taking or entering of plaintes in their Conntie Courtes bookes against the Statute And if he finde therby any fault or offence committed that shall stande for a sufficiente conuiction and attainder without any further enquirie or examina mination So may be also eramine the Bailic of the Hundred for not warning of the Defendant in such a plaint according to his precept from the shirife or Vndershinte and if thereby he finde a default and offence that also shall stand for a sufficient condemnation Plaints in the Countie Courts And the saide Iustice must Certific those eraminations within a quarter of a yeare into the Eschequer And further the Custos Rotulorum or the Elbeft of the Quorum in his absece ought at the General Sessrions after S. Michael appoint two Iuslices of the Peace the one being of the Quorun to haue the ouer fighte and controlement of the said Shirifes c. and of the amercemets And that one of those Iustices may examine and without further enquirie conuict the gatherers of the same if they gather any more money than is contained in their lawfull Esfreites 11. H. 7. ca. 15. The Cerificate of one Iustice of Peace ioyned with the Customer of the place of the vnlading and felling of Corne Graine or Cattell carried by Water from one place to an other of thys kealme vnto the Customer and Controller of the place where the same was imbarked is sufficiente and ynough vppon the Statute of forestalling Certificar of selling Corne. 5. Edward 6. cap. 14 13. Eliz. cap. 25. One Iustice of peace maye take out of Sanctuarie certayne abiured persons thither and others being indited of some kind of offences mentioned in the Statute done after they become Sanctuarie men maye commit them to the Gaole in the Countis where the inditement is founde til they bée tried Sanctuarie persâ—â— 22. H. 8. ca. 14. Euerie person finding or seacute eing anye to offende the Statutes made againste the shooting in Crossebowes and Handgunnes maye arreste and bring or conuey him to the next Iustice of the Peace of the Countie wherein be was founde offend who vpon due examination and proofe thereof béefore him made may by his difscreation commit him to the Gaole there to remane tpll be shall truely pay the one moitie of the for feyture of this Statute to the Quéene and the other moitie to such 〈◊〉 bringer or coÌ„ueyer Crosfebowes and handguns 33. H. 8. cap. 6. Here therfore thys Iustrce of Peace hauing as it séemeth the whole matter committed to hym selfe in thys case is to bée verye circumspecte therein leaste hée too hastelye conbemne the guiltlesse or negtigentlyâ— suffer the offendor to escape for vpon the offence sufficiently proued it is necessarie that in his Mittimus or precept to the Gaoler there be contained the names of al the parties the offence and how long hée is to bée helde in prison And further he is to make a Record of this matter and send the Estreit thereof into the Eschequer wherby the Barons may haue intelligence of the same to haue the Quéenes dutie leuied to hir vse The forme of this Mittimus may bée easely drawne by some other Precedents in thys Booke Euerie person other than such as are auctorifed by value of 100. th in landes ought if he bée auctorised to shoote and do inhabite in the Countrey present his name to the next Iustice of Peace adioyning And there vpon the Iustice ought to present and recorde the same before the Iustices of the Peace at the next quarter Sessions 2 E. 6. ca. 14 But learn of others whether this matter is to haue cotinuaunce still or else did onely extended to suche persons as had licence at that time The Superuisors for amendement of the highwayes ought within one moneth after any offence done by any againste the Actes 2. 3. Ph. Ma. ca. 8 5. Eli. ca. 13. present that offence to the next Iustice of the Peace And there vpon he ought to certifie the same at the next Generall Sessions within the same Countie Highwaies 5. El. ca. 13. Euerie Iustice of Peace as it séemeth within the Shires next adioyning to the riuer of Thamis within their seuerall iurisdiction hath power vpon complaint made vnto him by the Duerséers and Rulers of the Whirrymen and Waterme or two of the or the maisters of any such seruaunts both to examine heare and determine all offences committed against the Statute and to set at large him that shall bée imprisoned by the ouerséers rulers if there bée iufte cause and also by his discreation to punishe the ouerséers and Rulers that shall vniustlye punishe anye person Thamis 2. 3. Phi. Mar. cap. 16. Euerie Iustice of Pease before whom any person arrested for Manflaughter or Felome or suspition thereof shall bée brought ought before he committe him to prison to take the examination of such prisoner and the information of those that bring him and to put the same or so much thereof as shall bée materiall to proue the Felonie in writing within two dayes after and to take Bonde of all such as doe declare any thyng material to proue the offence to appeare at the
or bicause of Enditement in trespasse and not beyng in for any condemnation execution vtlawrie excommunication suertie of the Peace or commaundement of any Iustice or for beyng a vagabound Or haue taken any Obligation by colour of his office but onely to him seife vpon the name of his office and vpon condition onely to appeare according to the Writte or Warrant Or haue taken for an arrest aboue twentie pence Or if he or any other minister haue taken any thing for making of any Returne or Pannell or aboue foure pence for the copie of a Pannell aboue foure pence for the saide Obligation or for any warrant or precept Or anie Baily aboue foure pence for making any arrest or the Gaoler aboue foure pence vppon the committing to his warde of any person arrested or attached 23. H. 6. ca. 10. If any Shitife or other his minister haue arrested or imprisoned or caused any fine or raunsome or amerciament to ' bee leauied of any person by reason of any priditment or presentment made in the Shirifes turne or lauway witout processe from the Iustices of peace for the same first obtained Dr haue not brought in such enditmets and presentments to the Iustices of the Peace at their next Sessions Shirifes arresting or leauying fine for Enditements in his turne 1. E. 4. ca. 2. If any Shirife or any his ministers haue entered into his booke any plaintes in any mans name not being present in the Court either in his owne person or by sufficient and honest Attourney or Deputie Fr haue entred anye moe plaintes than the plaintise supposeth that he hath cause of action for or haue leaused the Shire amerciaments without booke endensed betwene them and two Iustices of the Peace Dr if the Baylie of the Hundred haue made default in warning or executing any warrant against any Desendant in the Shirifes Court Shirifes entring of plaintes and leauying amercements Bailie seruing warrant 11. H. 7. ca. 15. If any Shirife or his minister haue leauied any the debtes of the â—uéene without shewing to the parties the Cstreates of the same vnder the Seale of the Creates Shirifes must shew the Estreats vnder the Eschequer seale 42. E. 3 ca. 9. If any Shirife or Gaoler have denied to receaue felons by the deliuerie of any Cons tables or towneshippes or haue taken any thing for receiuing of such Shirife and Gaoler 4. E. 3. Ca. 10. In liberties the Baylifes Stewards and other ministers there haue like fées and punis hmentes for extortion as Shirifes and their minister haue out of liberites 27. H. 8. cap. 24. Fees in liberties If any Corner haue refused to doe his office vpon the views of a beade body by misadventure without taking any fée therefore Coroner â— H. 8. ca. 7. or haue taken vpon the view of the bodie of a man flayne or murdered aboue thirtéene shillings foure pence of the goods of the flaier or murderer if he had goods or otherwise of the towne where he was flaine in the day time and was suffered to escape 3. H. 7. ca. 1. If any Didinary or his Scribe or Register haue taken moe or greater fées for the probate of a Testament or for Letters of administration than he ought to take that is to say fire pence for the Scribe for writing the probate of a Testamente that shall be brought written in parchment and likewise fire pence for the Administration where the goods of the Testator or Intestate be not aboue fiue poundes Ordinary If the goods be avoue fius pounds and not aboue fortie poundes then two shillings fire pence for the Drbinarie â— twelue pence for the Scribe If they excéede fortie pouds then two thillings fire pence for the Drdinarie and two shillings fixe pence to the Scribe or else one penny for euery ten lines at ten inches length at the Scribes election the like shall be giuen for euerie copie of a Testament or Inuentarie or else after the rate of lines as before 21. H. 8. ca. 5. If the Drdinarie haue cited any man to beare witnesse in the Spirituall Court Dr haue exacted any Dth in any cause other than Testamentarie or Matrimoniall If any Parson Vicar or Curate haue taken aboue iiâ— pence for entring in the Church booke the licence of a sicke peron to eate sleth vpon the Wednesdayes 5. Elizab. ca. 5 Dr aboue two pence for registring of a Testime niall of any seruaunt departing from one place to an other Parson Vicar Curate 5. Elizab. ca 4. Quaere If the taking of Mortuaries or corps pres ets against the Stature 25. H. 8. C. 6. be extortioÌ„ or no. If the Clearke of the Peace haue taken aboue twelue pence for the inrolling of the bargaine and sale of any lande not excéeding fortie shillings by the yere or aboue two shillings fire pence if the lande excéede that value by the yeare 27. H. 8. ca. 16. Clearke of the Peace Dr if the Clearke of the Peace haue taken aboue two shillings in all for any licence and Recognusance of a Badger Drouer Kidder or Lader and for the registring therof 5. Eliz. ca. 12 Dr haue sake aboue twelue pence for a Recognusance of him that tabath a Roge into his seruice for one yeare 14. Elizab. ca. 5. If the Clearke of any Iustice of Peace haue taken aboue twelue pence for any Recognus ance of an Alehouse kéeper or Tippler 5. E. 6. ca. 25 If the Clearke of the market hath taken any commen fine to dispence with 〈◊〉 hath ridde with â—â—oe than fire horses or hath taried longer in the countrie than the necessity of his businesse required Clearke of the market 13. R. 2. ca. 4. If any Officer haue in any Toâ—vne taken Stauage or Shewage the is to say any thing for the shewing of wares or Marchaundise that be truely custonied to the Queene before 19. H. 7. ca. 8. If the Maior of this Towne of Maidstone and so of other Townes in other Shires haue taken aboue f. 〈◊〉 for sealing a Bushell measure or aboue ob for any other measure or aboue f. D. for sealing C. weight or aboue ob for halse C. weight or aboue a farthing for a my lesse weight 7. H. 7. ca. 3 11. H. 7. ca. 4. Sundrie other sees of Officers there be as of Alnageours Gaugeors Sergeaunts at Aimes and whereof there is not so common vse therefore I omit them If any Purueyour of the Quéenes Maiesties haue taken any thing of the value of fortie shillings or vnder without ready payment therefore made If any Constable or Borsholder haue not vpon request made assisted the owners to refist the purueyours so taking And if any of the Quéenes Officers haue procured any to be arrested or vered for such resistance 20. H. 6. ca. 8. Purueyours If any Purueyour haue taken or selled any timber trées méete to be backed but onely in barking time except it were for the