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A34019 A briefe summary of the lavves and statutes of England so far forth as the same do concerne the office of justices of the peace, sheriffs, bayliffs, constables, churchwardens, and other officers and ministers of the commonwealth : together with divers other matters not onely acceptable for their rarity, but also very necessary for their great use and profit, for all persons, but especially for such as bear office in this common-wealth / collected by Nicholas Collyn ... Collyn, Nicholas. 1655 (1655) Wing C5397; ESTC R39835 73,691 214

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clerk of the peace for 〈…〉 rolment in the county see Inrol 〈…〉 P. 2. 27. H. 8. 16. And for Registring the License a 〈…〉 recognizance of a Badger c. see 〈◊〉 〈◊〉 12. 3. El. 25. P. Badgers 3. Faire and Market IF the Owner Officer or Ruler of any faire or Market shal not yearly appoint one certain open place here for the sale of horses c. and one ●fficient person to take Tole and keep ●e said place from tenne of the clock 〈◊〉 the forenoon until sun set he shall 〈…〉 rfeit for every default 40. s to the 〈…〉 ing and Infor. 2 3 P. M. 7. P. 4. 2. When where and for whom role ●r horses must be taken ibidem ●oul 5. 3. The sale of any stoln Horse in a ●air or Market shall not take away the ●wners property except the horse be ●penly ridden led walked driven or ●ept standing by the space of an hour ●etween the hours of 10. in the morning ●nd Sun set in the open place of the air and lawfully toled 2 3. P. 〈◊〉 7. P. 5. And yet nevertheless the owner ●ay redeem the stoln horse within six ●onths paying the price 3 i El. 12. 〈◊〉 8. 5. No person shall sel or put away ●ny horse in any Faire or Market un●ess the Tole-Taker Book-Keeper Bai 〈◊〉 or chiefe Offic 〈…〉 thereof will take perfect knowledg thereof and enter the sellers name c. into a Book kep● for horses sold or unless the seller 〈◊〉 bring to such Tole-keeper or other officer one cred●ble person testifying th● he knoweth the seller and there ente● into such a book as wel the summe a● the name sirname Mystery and plac● of such Testifier together with th● price taken for such horse and no 〈…〉 shall so testifie unless he do truly kno● the same and no Tole-taker c. sha● make entry of any such sale unless 〈◊〉 know the seller or testifier of such horse and giving unto the buyer requiring and paying two pence for the same 〈◊〉 true and perfect note in writing under his hand of all the contents of the same upon pain that every person offending in the premises shall for 〈…〉 or every default 5. l. and the sale to be void 31 El. 12 P. 7. 5. If any person shall keep Faire 〈◊〉 Market in the Churchyard he shall be punished at the discretion of the Justices 13 Ed. 6. 1. P. 10. Pheasants Partridges c. 1. VVHosoever shall take or cause to be taken any Pheasants or Partridges by nets snares or other engines upon the Freehold of any other without his special license shall forfeit to the owner of the ground and the Informer ten pound 11 H. 7. P. 1. Just 38. 2. Whosoever shall take kill or destroy any Pheasants or Partridges with any net or other devices whatsoever in the night time except unwillingly by lowbelling or tramelling who also shall then and there presently let them go again shall forfeit for every Pheasant 20. s and for every Partridge 10. s to be payed within ten dayes after conviction or in default thereof to be imprisoned for a month without bayle and over and besides such forfeiture or imprisonment to be bound with sureties for two years not to offend so againe 23. El. 10. P. 2. 5. Just 38. See who shall have forfeirures Ibid. P 3. 3. Whosoever shall shoot at kill or destroy with any Grinne or Bowe any Pheasant Partridge house Dove or Pigeon Herne Mallard Duck Teale Wigeon Goose Heath-cock More-game or any such foule or any Hare or shall take kill or destroy any Pheasant Partridge house-Dove or Pigeonwith setting-Dogs and Nets or other Engines or shall take the Egges of any Pheasant Partridge or Swans or willingly destroy the same in the nests or shall trace or course any Hare in the snow or take any Hare with hare-pipes cords or any such Instruments or Engines the same being confessed or proved by two sufficient Witnesses upon oath before two or more Justices shall be by them imprisoned for 3● monthes without bayle or forthwith pay to the use of the Poore there 20. s. for every Foule or Hare and for every egge of Pheasant Partridge or Swan so taken or destroyed or after one month after his imprilonment become bound with two sufficient sureties in 20. l. a peece not to offend so again 1 Iac. 17. and Poult 6. 4. Whosoever shall take kill or destroy any Pheasant or Partridge with seetting-dogge net or any other engine the same being confessed or proved by any sufficient witness upon oath before any two of the Justices of the Peace shall be by them committed for three monthes without bayle unless he forthwith pay to the use of the Poore there 20. s for every Pheasant or Partridge and be bound in 20. l. not to offend so again 7. Jac. 28. 5. 5. By the Stat. 7 Iac. 11. He that hath inheritance of 40. l. per ann Freehold of 80 l. per annum or is worth in goods 400. l. and their meniall servants thereto authorised may take Pheasants and Partridges in the day time onely upon their owne and Masters free Warran Mannor and Freehold between Michaelmas and Christmas 7 Iac. ii 6. Whosoever shall sell or buy to sel againe any Pheasant Partridge Hare or Deere nor brought up in the houses or brought from beyond the Seas shall forfeit for every Pheasant 40. s for every Partridge 10. l. for every Hare 10. s and for every Deere 4. 〈…〉 s the one moyty thereof to the Informer the other to the Poore 1 Iac. 17. P. 8. See Hawkes 1. 7. Iac. 11. See Hunters 6. 7. and Poult 6. Fish and Fish daies 1. WHosoever shall take any Salmons between the Feast of the Nativity of the blessed Virgin Mary and Saint Martin in any Rivers or waters or shall take young Salmons at any Mill poole or any other place between the midst of Aprill and Midsummer or at any time cast in to any waters any nets by which the fry of any Fish may be taken or destroyed shall for the first offence have his not burned for the second be imprisoned three monthes and for the third a whole year 13 Edw. 1. 46. 13 R. 2. 19. P. 1. Just 41. 2 Whosoever shall with any Net or other means whatsoever take and kill any young brood spawn or fry of any fish in any floodgate pipe or taile of any mill weare stream or river salt or fresh water or shall take there any Salmons or Trouts out of Season that is being keepers or shedders or shall take or kil any pickerell under 10. inches or Trout under 8. inches or Salmon under 16. inches or Barbel under 12. inches fish in length or shall fish in any of the said places with any net but such whereof every mesh shall be
traverse either the matter viz. that there is no Highway there or that the ditch is sufficiently scoured or otherwise he may traverse the cause viz. that he hath not the Land c or that he or they whose estate c. have not used to scoure the ditch c Treason 1. HIgh Treason called in Law Crimenlesae Majestatis is a grievous offence done or attempted against the State Royall viz. against the King in his person the Queen his Wife his Children Realm or authority c See more P. 1. c. Dalt fol. 198. Such offender shall be hanged cut down alive and quartered and shal forfeit all his lands and goods to the king yea his entayled lands and his wife shal lose her dower his blood shal be corrupted saving in certain cases vid. Dalt fol. 205. In case of Premunire the offender shal forfeit all his Lands in fee for ever and all his goods and chattels to the king but his lands whereof he hath an estate he shall forfeit only during his life and shal be imprisoned during his life ibid. Misprison is properly when one knoweth that another hath committed Treasons or Felonie but was not consenting thereto and conceales the offence Such offender for Misprison of Treason shall forfeit to the king his goods and chattels for ever the profits of his lands during his life Dalton 103. For Misprison of Felony the offender shal be onely fined ibid. Petty Treason is when wilfull Murder is committed upon any Subject by one that is in subjection and oweth faith duty and obedience to the party Murdered Vide Petty Treason fol. 82. 6. The punishment for Petty Treason is this the man so offending shall be drawn and hanged the woman shall be burned alive in case as well of petty Treason as of high Treason I Ric. 3 4. But in case of Felonies the judgement both of man and woman is to be hanged The for feiture of Petty Treason is the King shall have all his goods and for his Lands the king shall have Annum diem vastum and the Escheat thereof shall be to every Lord of his own proper fee. Treasurers THe Treasurers of the Country are to be chosen at Easter sessions by the more part of the Justices and are to be such as at the last taxation of the Subsidy next before the said election were valued and assessed at 10. l. in lands yearly or 40. l in goods and shall continue but one year and then give up their charge and account at Easter Sessions or within ten dayes after and if any Treasurer his Executors or Administrators shal fail to give up his account within the time aforesaid or shall be otherwise negligent in his charge then it shall be lawfull for the more part of the Justices in their Sessions to assess such fine upon him his Executors Administrators as in their discretions shall seem convenient so it be not under 5. l. 43 Eliz 3. P. Capt. 18. 2. The Treasurer shall assesse relief to Souldiers or Marriners upon a lawfull Certificate and shall keep a true book of computation of the mony they lent and a Register of the names of such as they give relief unto And every Treasurer returning or not accepting the Certificate brought unto him shall write and subscribe the cause of his not accepting or not allowing thereof under the said Certificate or in the back thereof And if any Treasurer shall wilfully refuse to give reliefe according to this Act the Justices in their S●●ons may fine such Treasurer by their discretions 43 El. 3. P. Captains 19 21 22. The surplusage of the stock of the more part of the Justices in their quarter Sessions be ordered distributed and bestowed upon such good and charitable uses and in such form as are limited in the Statutes made in force concerning the reliefe of the Poor and punishment of Rogues and Beggars 43 El 3. and P. Captains 24. See more P. Poor people 14 15. How the Forfeitures shal be imployed see 43 El. 3. P. Captains 26. Trespass WHosoever shall cut or unlnwfully take away any Corn or grain growing or rob any Orchards or Gardens or break or cut any hedge pailes railes or fence or dig pull up or take up any fruit 〈…〉 ree or trees in any Orchard Garden or elsewhere to the intent to take or carry the same away or shall cut or spoyle any Woods or under Woods Powles or trees standing not being Felony and their procurers and receivers knowing of the same being thereof 〈…〉 awfully convicted by the consession of the party or by the testimony of 〈…〉 e sufficient witness upon oath before 〈◊〉 Justice of the peace c. shall give the party such satisfaction as such Ju 〈…〉 ice shall appoint and within such ●ime as he shall appoint the same to be only for the first fault And if such ●ffenders shall not be thought able to give satisfaction then to be whipped ●nd also for every such offence after to 〈…〉 cceive the same punishment of whipping 23 El. 7. P. 1. A Constable refusing to punish such ●ffenders see Constables 10. P. 2. No Justice of peace c. shall execute this Statute for any of the said offences done to himself unless he be associated and assisted by one or more Justices whom the offence doth not concern 43 El. 7. P. 3. Vagabonds and Rogues SEE 39 Eliz. 4. 4. P. 2. 7. But note that that act doth not exte 〈…〉 d to any children under seave● years old All common players of Enterludes and Glassmen shall be accounted rogues 1 Iac. 7. P. 2. A Servant taken with a counterfei 〈…〉 or forged Testimoniall or not procuring a Testimoniall according to the Stat. 5. El. 4. shall be taken and punished as a Rogue see P. Labourers 8. A Souldier or Marriher begging 〈◊〉 counterfeiting a Certificate shall be accounted a Rogue 34 El. 3. P. Capt. 23. And all such as wilfully go abro 〈…〉 out of houses infected with the Plagu 〈…〉 though they have no sore upon them shall be accounted Rogues and more over be bound to the good behaviour for a yeare 1. Iacob 31. Poulton Plague 4. And all able persons threatning to turn away and leave their family upon the Parish the same being proved by two sufficient witnesses upon oath before two Justices of the peace shall be punished as Rogues unless they put in sufficient sureties for the discharge of the parish 7 Iac. 4. All such able persons as shall runne away out of their parishes and leave their families upon the parish 7. Iac. 4. All such as appear to be dangerous to the inferior sort of people or otherwise be such as wil not be reformed of their Roguish kind of life by the former provision of this Act shal be sent to the house of correction or Goale of the County by two