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 â—â—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 ConiuratioÌ„ 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 coÌ„mon 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 couÌ„terfait 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 â— 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
part that kinde of learning is most requisite and seruiceable And this was the reason that led the makers of the Statuts 18. E. 3. ca. 2.34 E. 3. ca. 1. 13. R. 2. ca. 7 to cause it to be expresly enacted that some lerned in the laws should be put into the Commission and all Statutes that desire the presence of one of the Quorum do secretly signifie such a learned man But here againe the Commission chorda quae semper oberrat eadem doth make muche relation to the saide Statutes that are not now at all The power giuen to these Iustices hathe appeared 3. The charge to them the Shirife and Custos Rotulorum Now let vs sée the charge giue to them and others They therefore and euery of them be charged to be diligentlye intendant aboute the execution of the premisses by these wordes Et ideo vobis c. but howe negligentlie many of them performe it I am afraide it is too manifeste whylest ambitiouslie séeking the name and power to rule they take smal care of doing their duetiful seruice that beloÌ„geth thervnto In this clause is contained a sauing vnto the prince of all amercements other things that shal growe due vnto hir by reason of their procéedings therevpon of which I will speake somewhat hereafter in place conuement The Shirife is saide to haue bene charged aforehand to be attendant in the Returne of Iuries before them in these words Mandauimus enim Vicecomiti c. And the Custos Rotulorum for it is meant of him althoughe he be not so there called is charged to bring the Records Processe of the Peace and in due sorte to consider and directe the same by these words Et vos praefatae Thom. Wootton c. Of whose office and authoritie somewhat shall be sayd also in particular in the second Booke of this treatise Of the two Othes ministred to the Iustices of the Peace CHAP. X. SVch as occupie Iudicial places ought to take héede what they doe knowing as Iehosaphat saide that they exercise not the iudgements of Men onelie but of God himselfe whose power as they doe participate The causes why Iustices be sworne So he also is present on the Bench with them And therefore it hath béene alwayes the policie of Christian lawes to appoint méete formes of Religious attestations or Othes for such Officers to take meaning thereby not onlie to set God continually before their eyes whome by suche Othe they take to witnesse of their promise call for reuege of their falshood but also to threate them as it were with temporall paines prouided against corrupt dealings withall to strengthen their minds and arme their courages againste the force of humaine affections whiche otherwise might allure draw them out of the way Vpon this ground the Statute 13. R. 2. Stat. 1. ca. 7. which willed that Iustices of the Peace should be made of new in all the Counties of England did there withall take order that they should be sworne to keepe and put in execution all the Statues touching their office whiche albeit that it be the firste Othe that I find to haue béene ministred to Iustices of the Peace yet I think they were not vnsworne before nor at any time after as may be collected vppon the bookes 21. E. 4.67 12. E. 4.18 and I beléeue also that that manner of Othe was deuised but for that time onelie and continued not long in that forme as being of it selfe very generall and hard to be obserued And that happily was the cause that it appeareth to be changed to that forme which M. Fitzh in his Booke hath left vs and which with the alteration of a fewe wordes onelie is yet at this day put in vse For vpon the renuing of the Commission of the Peace which nowe a days hapneth as often as any person is newly broughte into the same there commeth of course a Writ of Dedimus potestatem directed out of the Chauncerie to some auntient Iustice of the Peace to take the Othe of him whose name is newly inserted and to certifie the same into that Courte at suche daye as the Writ commaundeth This Writ is at this daye accompanyed wyth twoo Scedules whereof the one containeth the Othe of the Office of a Iustice of the Peace in his forme Ye shall sweare that as Iustice of the peace in the Countie of Kent in all Articles in the Queenes Commission to you directed yee shal doe egall right to the poore and to the rich after your cunning wit and power and after the lawes and customes of the Realme and Statutes thereof made And yee shall not be counsell wyth anie quarrell hanging before you And that ye hold your Sessions after the forme of Statutes thereof made And the issues fines amercements that shal happen to be made and al forfaitures which shal fal before you ye shal cause to be entred without anie coÌ„cealement or embeaseling and truely sende them to the Queenes Escheaquer Surcease in the printed Booke Yee shal not Let for gift or other cause but wel and truly yee shal do your office of Iustice of the Peace in that behalfe and that you take nothing for your Office of Iustice of the Peace to bee done but of the Queene and fees accustomed and costes limited by the Statute and yee shal not direct nor cause to bee direted anie warrante by you to bee made to the parties but yee shall direct them to the Bayliffes of the said Countie or other the Queenes officers or ministers or other indifferent persons to do execution thereof So help you God and by the contents of this Booke And his Saincts in the Printed Booke The variance betwéene this and that elder forme standeth as you may sée by the Margent in thrée points whereof twaine be of no waight at all but the third did néed amendment For right godlie and wel did those 32. persons that were put in truste to pen Ecclesiasticall lawes purpose to make this lawe amongst others Legitimun autem iuramentum ys verbis nullis alys suscipi volumus Ita me Deus per Dominum nostrum Iesum Christum adiuâ—et This Othe of the Office consisteth of sire Articles which for memories sake I haue séene expressed in these 6. Verses folowing Do equall right to rich poore as wit lawe extends Giue none aduise in anie cause that you before depends your sessions hold as statutes bid The forfeites that befall See entred well and then estreate them to the Cheaquer all Receiue no fee but that is giue by Queene good use or right Ne send precept to partie selfe but to indifferent wight 1 2 3 4 5 6 The other Scedule comprehendeth that forme of Othe which after the seconde abolishment of the vsurped authoritie of the Romish Pharao by the ioyous entrie of our gratious Queene Elizabeth was in the first Parliament of hir raigne ca. 1 appointed for Iustices of
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
set foorth in the Statute of Drouers Badgers 5. Eliz. ca. 12. where it appeareth that vpon the examination of two lawfull witnesses the Iustices of Peace may make Processe as if it were vpon an Inquisition of twelue men Forced Information The like may they do vpon the Statute of Armour 4. 5. Phil. Mar. ca. 2. Sute betwene party and party And the berie like also may they doe vppon the Statute made against Forstallers 5. E. 6. ca. 14. which last sayd Statute séemeth for this point to haue bene followed as a Paterne by the other two so right they tread in the steps of the same Herunto also you may adde the examination of the M Marmers of ships wherin corne or victuall shall be transported against the meaning of the Statute 1. 2. Phil. Mar. ca. 5. Thus much of the knowledge of cause exhibited by such as either doe it at large for the Queene onely to haue the offence punished or be special1y allured thereto by regard of benefit growing in common to them with the Queene thereby Now of those that seeke to informe the Court for the profite due to them selues alone The knowledge that commeth this way is by the priuate sute and proper action of the partie and is therefore in the Statute 11. H. 6. ca. 6. tearmed a sute betwene partie and partie whereof that Statute had no lesse consideration than of those other sutes that bée for the Queene her selfe and therefore prouided that they also should not be discontinued by new Commissions of the Peace to be made I know that there be not many Statuts which do giue power to the Justices of Peace to hold Plea betwene partie and partie and I thinke it hath not bene often experimented vpon those very Statutes which do giue it and how the Judges do expound this verie Statute I can not tell Neuer the lesse because I may neither wittingly conceale any such parte of their auctority Iurisdiction although it were but my opinion nor safely reaport it without some proofe I will giue you one example of this kinde as I take it and leaue the rest further search The Iustices of Peace haue power to enquire heare determine of all the defaultes against the Statute made 23. H. 6. ca. 11. concerning the leuying of the wages of the knights of the Parliament as well by enquire at the kings sute as by action at the sute of the party In this and suche like as in Appeales by warrant of the large words of the Commission as hath bene sayd the Iustices of Peace ought to proceede after the vsuall manner of ather Courtes of Recorde at the Common law if I doe not miscall it and therefore I wil goe no further with it but will prosecute that hearing and determining that more properly pertaineth unto them if first I may shew you how they are sometimes preuented in that behalfe Of the Impedimentes of proceading vpon Enditements before the Iustices of Peace CAP. VII IT falleth out not seldome when Iustices of the Peace haus taken an Endâ—ement founde before them that they can not proceede to hearing and determining vpon it either bicause it is grounded vpon some such Statute as giueth vnto them no further power but onely to enquire thereof or els bicause the Enditement is taken out of their handes by Certiorari and conueyed to Iustices of a higher auctoritie at the sollicitation and by the meanes of some parties grieued to the end that either they may trauerse them aboue or there auoide them for insufficiencie of forme or matter And therefore Iustices of the Peace may only enquire of certaine the offences against the Actes 1. El. ca. 2 ca. 3 5. El. ca. 1 13. El. cap. 2. touching the acknowledging of the Queenes supremacie or the seruice of God or comming to the Churche or the stablishment of true religion as you may see 23. El. cap. 1. And they may onely enquire of any the Treasons or Misprisions of treasons made by the same Acte 23. El. ca. 1. Neither can they goe any further than onely to enquire of and to endite the offendours against any the Articles of the Acte made 23. El. ca. 2. concerning seditious rumors against the Queene In the rest so farre as I haue found their power of Enquirie is accompanied with the auctoritie to heare and determine also For this want of Jurisdiction is not found in the Commission of the Peace it selfe but onely in cortaine Statutes that for weightie causes doe restreine this further proceeding By what means such Enditements shall bée remoued to those higher Courtes I will shew you when I come to speake of Certifying the Recordes of the Sessions and will now goe on with those other Enditements that bée remoued by labour of the parties Albert that in the remouing of pleas betwene partie and partie from inferiour to higher Courts by Tolt Ponc Recordare c. there was wont to bée a probable cause alleaged for which the same were remoued yet in this case of the Crowne there néedeth no cause to bée comprised in the writ of Certiorari bicause they all bée the Courtes of the Queene and it breedeth neither iniurie to the offendour nor losse to any other person in what Court soeuer the offence bée tried This Certiorari then may commaunde either the Recorde it selfe or Tenorem Recordi to bée sent vppe and it ought to bée obeyed accordingly Enditements remoued by labour of the parties For vpon fayle thereof first an Aliâ—s then a Pluries vel Causam nobis significes and lastly an Attachment shall goe out against them that should sende it as M. Fitzh noteth in his Nat. Br. Fol. 245. but I haue heard that they vse also Sub poena at this day And albeit the Certiorari be a Supersede as of it selfe yet may the partie vpon the Certiorari purchased have a Supersede as also directed to the Shirife commauÌ„ding him that he arrest him not vpon that Record before the Iustices of Peace Fitzh ibid. Fol. 237. In which place also he doubteth whether the Iustices of Peace them selues ought of dutie to awarde their owne Supersedeas to the same effect after that the writ of Cortiorari is brought to their hands This writ of Certiorari is euer directed to the Iustices of Peace and yet as you haue heard the Custos Rotulorum onely hath the kéeping of these Recordes but the auncient Commission of the Peace had no Custos Rotulorum specially named in them and then this certifying belonged to them all which forme the Writ retaineth to this day And if it fall in question whether such a Certiorari were deliuered to the Iustices of Peace or no that must be tried sayth the Booke 10. H. 7. 24. by the verdit of twelue men Now if a Certiorari come to the Iustices of Peace to remoue an Enditement and the partie sueth not to haue it remoued but suffereth it to lye
bene the Law of the lande long before that time saying that Misericordia Domini regis est qua quis per inramentu legalium hominum de Viceneto eatenus amerciandus est ne aliquid de suo honorabili coÌ„tenemento amittat But where the offence or Contempt falleth out to be so great that it asketh the imprisonment of the bodie it selfe and that during the Kings will and pleasure then is the partie to redéeme his libertie with some portion of money as he can best agrse with the King or his Iustices for the same which composition is properly called his Fine or his Raunsome in Latine Redeptio as may be plainly séene by the Statue of Marleb 52. H. 3. ca. 1. 2. 3. 4. And by the Statute called Ragman and diuerse other auncient Statuts But of later time the Iustices ahue in sonie cases of Amercements also vsed to assesse and rate them selves without any other helpe As where the Dssicers of their Courts haue offended 33. H. 6. 54 34 H. 6. 20 Lo. 5. E. 4. 5. which séemeth to make an other difference betwene the two wordes But because neither of these be strictly obserued in our common spéeche nor yet in the vndersranding of the Statutes of later time I will no longer stand vpon it Nowe then if the offence be Fineable by generall wordes onely without speaking of any Fine or without shewing by whom it shall be assessed for so it is commonly in the elder Statutes that do prohibite any thing to be done there the assessement thereof belongeth to the Iustices before whome the Conuiction is lawfully had Fine by diseretion of the Iustices Again if it be Finable by these or such like wordes at the Kings will or At the Kings pleasure as you shall find it in many Statuts then also the same Iustices before whom the Conuiction wag shal assesse the Fine at their wills and pleasures for say the Bookes 2. R. 3. 11 18. H. 8. 1. the King in all such cased bttereth his owne will and pleasure by the mouthes of his Iustices And yet some Statutes vsing playner spéech do namely referre the Fine to the discretion of the Iustices of Peace For they may after Conuiction before them Fine by their discretions such as take Salmons or destroy the Fry of Fishe in Kiuers against the Statutes Destroy the Fry of Fish W. 2. cap. 47 13. R. 2. c. 19 17. R 2. c. 9. And as this is sayd of the Fine so sundrie Statutes doe giue the same power to the Iustices of Peace in the execution of the corporal punishment it selset as you haue already heard in the case of counfeiters of false letters or tokens and may reade in oter the Statutes at large For I labour to be short and therefore I giue but an assay of eche thing knowing that these Iustices will not procéede to the execution of any Statute without the sight of the Statute it selfe howsoeuer they should finde it alleaged by me And in these cases as in cases of Amercementes the Iustices ought to take héede that the Fines be reasonable and just hauing regrade to the quantity of the trespase and the causes for which they be made as it is commaunaded by the Statute 34. E. 3. ca. 1. This Fine or peine awarded by the discretion of the Iustices of Peace shall doe the more good both to the Prince in profite to the people in example and to the Iustices themselues in credite if it bée pronounced-at the Benche openly as it ought to bée and not shuffled vppe in a Chamber or Corner secretely as in some places it hath béene bsed to bée Fine to be assessed openly I haue heard that in cases where the Statutes doe appoynt a certayne forfeiture as fiue pounos or fenne poundes c. yet the prartise is to mitigate the same by discretion if so bée that the partie will come in and put himselfe in gratiam Reginae without playne confession of the faulte as I have folde you before Mitigatioa of the forfeiture of a Statute So that the Fine shall bée small where the fault was great and the penaltie of the Law it selfe not small But this maner of doing is in my mind so voide of saunde reason that I can not recoÌ„mende it to the Iustices of Peace but doe rather condemne it as a mockerie of the Law and I finde that sundry Statutes fearing belikw some suche thing haue specially preuented it comnaunding that Iustice of the Peace shall assesse no lesse Fine than is in those Statutes them selues before hande appointed Such is the Statute 17. E. 4. cap. 4 of Tiles the Statute 33. H. 8. ca. 6. of Crossebowes and hand Gunnes and the Statute 5. E. 6. ca. 25. concerning Alcheuses and such others may be found if the Books of Statuts be well perused But hitherto we haue not sufficiently performed that which the Commission of the Peace hath in these wordes Saluis nobis amerciamentis aliâ—s ad nos inde spectantibus and therefore it is not enough to haue assessed the Fine but we must also disclose the meanes by which as well this Fine that is reduced to certainetie by the discretion of the Iustices as all other Amercementes those other penalties and forfeitures that are certainly prefined by wordes of the Statutes may be leuied and brought into the Princes coffers Estreating for the Qucene Order was taken by an auncient Statute intituled de Scaccario and noted to be made 51. H. 3. that all Iustices Commissioners and Enquirers whatsoeuer shoulde deliuer into the Eschequer at the feast of S. Michael yerely the extracts of Fines and Amerciaments taxed and mafe before them that the King might be duely aunswered thereof and the same in effect was after ward confirmed by an other Statute intituled De formamittendi extreta ad Scaccarium which although it be sayd to be made 15. E. 2. Yet forasmuch as it mentioneth that the former Statute was made in the time of the father of that King which made the later it must néedes be that either the one or the other of them was made in the time of King E. 1. No doubt but this ordinance doth extende to the Iustices of Peace as a man may easily gather by words in the Statute of Labourers 5. Elizab. ca. 4 and the act of Sewers 13. Elizab. ca. 9. and other Statutes But because it is verie generall and hath nothing peculiar vnto them from other Iustices I will descende to lower times and looke there for nearcr helpes The Statute 12. R. 2. ca. 1 had allowed to eucrie Iustice of the Peace foure shillings by the daye for the time of their Quarter Sessions to bée payed by the handes of the Shirife of the Fines and Amerciamentes comming of the same Sessions But because it was soone after séene that it was a great delay to the Iustices of Peace in this paymente to expecte the leaying of these Fines