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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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20. l. or c. and suffer the punishment of the pillory and lose one of his ears and never be credited in matter of judgment 2 Ed. 6. 15. P. 1. and Iust 56. Artificers are compelled to work in Harvest See Labourers None shall occupy any Art but which hath been an Apprentice See Labourers Assault 1. IF any shall commit unlawful Assault beating wounding or such like trespasses against the body of any one or shall with force and aginst the Law take the goods of another or shall do any trespass in the Lands of another they shall be imprisoned and punished according to the offence by the Justices discretion But the fines which they assess must be reasonable having regard to the quantity of the trespass and the cause 2. Ed. 3. 6. 33. Ed. 3. 1. P. Just 18. A servant or Workman assaults his Master See Labourers Whosoever shall lie in a wait to rob Maine or Kill another shall be imprisoned and fined See Poulton Just 18. Assize of Bread and Drink 1. IF any common Brewer Baker or Tipler have broken the Assize of Bread Beer or Ale he shall be fined by the discretion of the Justices c. And if any Steward in Leet or Officer in Market Town shall take any fine for breach of the Assize of Bread or ale in such cases where corporall punishment is appointed he shall be grievously fined 51 H. 3. 13 Ric. 2. 8. 3. If a Baker or Brewer shall break the Assize the first second and third time he shall be amerced according to his offence except it be great but if his offence be great or that he doth offend a fourth time or oftner then the Baker offending shal be set on the Pillory and the Brewer punished by the Tumbrell which shall not be pardoned for Gold nor Silver 51 Hen. 3. P. Weights and Measures 15. Badgers Laders Drovers 1. ALl licences made to any badger Lader Kidder or Carrier of Corn Drover of Cattel Buyer or Transporter of Corn and Grain Butter and Cheese otherwise than in the open general quarter Sessions of the peace holden in the Shire where the party admitted assigned or allowed doth or by the space of three years before the Test of this Licence hath dwelled or other then to such persons as is or hath been married is ahoushoulder no houshould servant or retainer and thirty years of age at the least or to have continuance for more then one year or which beareth not date the day and place where the Sessions is holden or is not signed and sealed with the hands and seals of three Justices of the peace at the least there present whereof one to be of the quorum shall be void and the party which taketh the same shal forfeit 5. l. to the King and Informer 5. El. 12. and P. 2. 2. Whosoever shall by authority of such license buy any Corn out of open Fair or Market to sell the same again except he be thereunto specialy licenced by express words in his Licence shal forfeit ut antea 5. l. 5 El. 12. P. 1. Bark 1. VVHosoever shall got into his hands any Oaken-bark to the intent to sel the same again shall forfeit the barks or the full value thereof i Iac. 22. P. Leather i4 2. Whosoever shal sel any trees meer to be barked where bark is worth 2. s 2. load without the charge of barking and pilling timber for necessary building or reparations of houses ships or mils excepted but between the first day of April and the last of June shall forfeit for every tree the double value thereof i Iac. 22. P. Leather 15. Barator 1. A Common Barrator is he who is either a common mover or stirrer up or maintainer of suits in Law in any Court or else of quarrels in the County and not only in one or two but in many causes Such persons may bee bound to the peace or good behaviour and may be imprisoned and punished according to the Justices discretion 2 Ed. 3. 6. P. Justices i8 Bastardy HE that is suspected to have gotten a Bastard ought to be bound to the good behaviour to the end he may be forth comming when the child shall be born Lam. i2 Two Justices of Peace one of them being of the Quorum in or next to the limits where the parish Church is in which parish any Bastard begotten and borne out of lawfull Matrimony shall be born upon examination of the cause and circumstances shall and may take order by their discretions as well for the reliefe of the parish and keeping of the child by charging the mother or reputed father with the payment of money weekly or other relief as also for the punishment of the mother and reputed father i8 El. 3. If the mother or reputed father upon notice thereof shall not perform the order of the Justices subscribed under their hands such persons so making default shall be by the same Justices committed to the common Goale there to remain without baile or mainprise except such persons shall put in sufficient sureties to perform the said order else appear at the next Sessions of the peace to be holden in that County and also to abide such order as the Justices or the more part of them shall there take in that behalf and if they take no order there then to abide the order before made ibid. P. 1. That the Mother may be examined upon Oath concerning the reputed Father By the Stat. 7 Iac. every such lewd woman shal be sent to the house of correction there to be punished and set to work for a year and if she shall oft soons offend so again then to be committed to the said house of correction as aforesaid there to remain until she can put in sureties for her good behaviour not to offend so again But such a bastard child must be one that is left to the charge of the parish or like to be chargeable to the parish 7 Iac. 4. If the lustices may punish the Mother by force of the Stat. 18. Eliz. and after send her to the house of correction because Nemo debet his puniri pro unodelicto The mother may not be sent to the house of correction before the child be born Dalton Such child is not to be sent to the house of correction with the mother but rather to be kept in the town where it was born and there to be relieved by the work of the mother and by reliefe commonly from the Father yet it is commonly used to send the child with the mother to the house of correction de eo quaere Brewer 1. IF any brewer which breweth beer or ale to sell shall by himself or other to his use occupy the mystery of Cooper or make Barrels c. or other vessels of wood wherein to put his Beer or Ale to sale he shall forfeit for every
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