none come within the Year to make Claim that then they shall be Appraised for the Duty and there a feme sole Merchant may be Sued without her Husband as has been said before and every one in London claims to have a Market in his Shop and his Shop is his Market for such Goods as belong to his Trade either in Buying or Selling. As if a Goldsmith buy Stolen Plate in his Shop openly not knowing it to be Stole and give for it a Lawful Marketable Price he may maintain it but if he buy it in an Ale-house or any other Tradesman's Shop or in the Street the Case is altered it is Unlawful buying not in the proper Market Sequestration by Custom of London By the Custom of London in an Action of Debt the Defendant shall have four Defaults and if he cannot be found but hath shut up his Shop and is gone a Precept shall be to the Sergeant at the Plaintiffs Request to Sequester the Goods of his House 11 Hen. 7. 2 P. 2. Contribution Debt was upon the Custom in London because the Plaintiff and 3 others were bound joyntly and severally in one Bond and one Pays all the Debt or part or the whole is recovered against him he may have an Action of Debt for Partition against the other Obligors Enter 1660. Debts under 40 s. in London Every Citizen and Freemen of London and every other Person Inhabiting or that shall Inhabit within the City of London and Liberties thereof being a Tradesman Victualer or Labouring-man which have or shall have any Debts owing to him or them not amounting to 40 s. by any Citizen or Freeman or by any other Person or Persons being a Victualer Tradesman or Labouring-man Inhabiting within the the said City or Liberties thereof should or might cause such Debtor or Debtors to be Warned to appear before the Commissioners of the Court of Request in Guild-hall and the said Commissioners or any 3 or more of them shall have Power to set down such Orders between Plaintiff and Defendant Creditor and Debtor touching such Debts not amounting to 40 s. as they shall find to stand with Equity and good Conscience And also the said Commissioners or any 3 or more of them have Power to Administer an Oath to the Creditor or Debtor and to such Witnesses as shall be produced on either part and also to commit to Prison in one of the Compters such Creditor or Debtor as shall not appear upon lawful Summons or not perform such Order as the said Commissioners or any 3 or more of them shall set 1 Jacobi 1. 3 Jacobi 1. the first Act being strengthened by the latter and by it the Court of Requests commonly called the Court of Conscience is Established to this Day happy for the poorer sort keeping them from many Misfortunes that would else befal them to the farther filling and crouding the Goals by Strifeful Vexations for small and trivial Matters were not this Court a Bar to restrain them to the great Ease and Security of poor people It is held before the Commissioners at the East end of the Guild-hall Wednesday and Saturday Weekly beginning usually about 11 in the Morning and sometimes if Business require it it may be sooner CHAP. XXXIX Marking a Cause in the Mayor's Court after a Verdict given in the Sherriffs Court to be done THere is a Practice in London called Marking a Cause before the Lord Mayor which is after a Verdict given in the Sheriffs Court for the Plaintiff in this Case the Defendant is to get the Cause mark'd before the Lord Mayor's Court and is like an Injunction in the Chancery to stay Judgment and Execution until the Matter be Examined in Equity where the Lord Mayor doth oftentimes if Cause be Mitigate the Damages or give the Defendant time to pay it Other Customs in London in this Court c. The Custom of London is if a Plaint of Debt be entred in the Sheriffs Court upon Suggestion of any of the Parties the Lord Mayor may send for both of them and Examine them upon the Truth of the Matter before Judgment and if he find that the Party is satisfied so much of it he may bar him but not after Judgment 10 Hen. 6. Chap. 14 15. Where he in the Reversion upon a Lease for a Year is impleaded of Lands in London and makes Default the Lord Mayor is to enquire by Neighbours in the presence of the Termor and Demandant whether the Plea be moved by a good Right or by Fraud to make the Termor to lose his Term and if it be found upon a good Right the Demandant shall have Judgment presently and if not the Termor shall have his Term and the Execution of the Judgment shall be suspended Stat. Glouc. Chap. 11. Deceit 1. Of Foreign Attachments c. By the Custom of London one may Detach either Money or Goods of the Defendants either in the Plaintiffs own hands or in the Custody of a third Person in either the Mayor or Sheriffs Courts and there if the Defendant appear not the Goods or Money may be Condemn'd The Attachment is entered in the Office as Actions are but with this Difference they enter the hour of the day when the Attachment is made for if many Attachments be made and come against one Man's Goods the first is first served He whose Goods are attached in another Man's hands may come and offer himself to Prison or put in Bail and dissolve the Attachment and after have a Writ of Priviledge though he render himself to Prison gratis because he was is there by Virtue of a Plaint But the Plaintiff may have a new Plaint against the Defendant and attach him by his Goods and then the Defendant may remove it by Certiorari and when the second Plaint is removed to the Common-Pleas the Justices shall Examine if the Goods were attached for Costs of Suit and then the Defendant may be discharged but if it be found by Oath that they were attached for Merchandizes or for any Cause than before it shall be Remanded But if the Party were in Execution in London and afterward Suit is commenc'd in the Common-Pleas A Writ shall go to the Mayor and Sheriff to have the Prisoner there and make an Attorney and then he shall be sent back but if he were impleaded in the Common-Pleas and afterwards Arrested in London and the Mayor's Court send for the Party he shall be Discharged of the Suit in London by the Priviledge of the Mayor's Court M. 38. Hen. 6.12 P. 2. When an Attatchment is made in the Hands of a third Person there after a Default the Defendant within a Year and a Day may put in Sureties to Answer the Plaintiff the Duty or may render his Body to Prison if he cannot find Sureties and therefore in a Writ of Priviledge after he had yielded his Body to Prison he was Bailed because the yielding his Body to Prison was after the Suâ—t in the
it were Summoned by two and Stiled by their Names but two sufficient Justices Warrants Sealed Quorum c. Vide Dalton c. Quarter Sessions are to be held 4 times in the Year viz. The first Week after St. Michaeâ— The Epiphany the close of Easter and after the Translation of Thomas the Martyr which is July 7. 2 Hen 5. Chap. Lamb. 597. Dalt 531. Justices of the Peace shall hold their Sessions 4 times in the Year viz. One within the Octaves of Epiphany the second in the second Week of Lent the third between the Feasts of Pentecost and St. John Baptist the fourth within the Octaves of St. Michael 36 Edw. 3. Chap. 12. Dalt 531. Crompt 123. B. Nu. 15. c. The place where Sessions is to be held is Arbitrable and therefore though by Summons they are to be kept in one place yet they may be kept in another but then there can be no Amercement for Default of Appearance Lamb. 383. 384. But they must be kept within the County Dalt 531. So in a Town Corporate but not to intermeddle Two Sessions at one time for one County Lawfully Summoned at two Places are good but Appearance at one shall excuse the default of an Appearance at the other and Presentment taken before either of them shall stand good Lamb. 384 But Punishable without notice At a General Sessions all Matters Enquirable by Justices of the Peace either by Statute or their Commission ought to be given in Charge otherwise at special Sessions Lamb. 613. And may be held 3 Days 606. 12 R. 2. Chap. 10. At the Quarter Sessions Officers and Ministers of the Court and Jurors of the County owe their Attendance Lam. 386. Jurors not appearing according to Summons are Punishable for loss of Issues the usual part of Estreats Constables making Default are Fineable The Justices of the Peace if need require may keep a special Sessions by Virtue of their Commission or by the Statute 1 Hen. 5. Chap. 4. Lamb. 623. All Matters within the Commission or Statute may at a special Sessions of the Peace be given in Charge yet they are at liberty to give in Charge either all or any of them Lamb. 623 624. If two Justices of the Peace one being of the Quorum make a Precept to the Sheriff for the holding a Sessions at such a Place and Day and to return a Jury before them other Justices cannot by their Supersedeas Inhibit it Crompt 126. B. But the King by his Writ of Supersedeas may Discharge it Ibid. All that come to the Sessions for publick Service or upon Compulsion upon Complaint and Examination of the Matter upon Oath shall be freed from any Arrest upon Original Process Lamb. Cro. 190. B. Lamb. 402. Indictments are many times Tried the same Sessions wherein the Persons were Indicted yea the same Day before Justices of Goal Delivery or Justices of Oyer c. Dalt 537. 1 Cro. 315 438 448. But in Case of Felony it seems very reasonable to be deferred to the next Sessions upon Cause shewn it being so in an Indictment of Nusance generally and life is more to be valued and favoured c. Dalt 537. Many things of great Import cannot be done but at the Sessions and some but at such a particular Sessions Dalt 537. Of the first sort are the Discharge of Apprentices Ill-used Badgers Licensed Officers Sworn after the Sacrament received proved and declaring against Transubstantiation c. Dalt 538. The second is taking Accounts for Maimed Soldiers of the Treasurers and for Charitable Uses c. 43 Eliz. in Easter Sessions the Rates of Wages in Easter Sessions and 6 Weeks after Dalt 538. Making Order in the Chamber after the Adjournment of the Sessions as for the Bastard-Children and Settlements and some other Things and Matters But not to be tedious to the Reader I shall hear close Treating of Matters of this Kind and proceed to others Executed CHAP. XIV Of Mittimus's and their Form and what is to be considered in them c. A Mittimus must contain the name of the Party or Parties his or their Offences and the time of Imprisonment that it may appear whether the Prisoner be Bailable or not Lamb. 297. Dalt 439 406. Crompt 153. A. Num. 11. If one be Committed without Bail or Main-prise and the Cause be expressed in the Mittimus and yet is Bailable other Justices may Bail him yet Quaere seeing their Authority is equal Dalt 439. But if no Cause be expressed other Justices shall not do well to Bail him without the Privity of the first Justice or Justices because the Cause of Commitment probably may not be Bailable Dalt 439. If the Mittimus be General the other Justices that Bail must take notice at Peril Ibid. There is a Writ called a Mittimus for removing Records of Outlawry Judgment in the King's-bench c. Unto the common Place or an Act of Parliament unto the King's-bench c. See of this 1 Cro. 134 298. Hob. 111 135. The Form of the Mittimus see To send Rioters to Goal Lamb. 321. To send Shooters in Pieces to Goal 229. Dalt 515. To send upon Forcible Entry c. Lamb. 150 520. To send to the House of Correction Dalt 513. To send an Ale-seller without License Dalt 512. To send a Reputed Father of a Bastard Ibid. CHAP. XV. Of Recognizances what they are and how and in what Cases to be taken by a Justice of the Peace c. A Recognizance of a Bond of Record Testifying the Recognizor to owe a certain Summ of Money to some other and that Acknowledgment of the Summ is to remain of Record and none can lawfully take it but a Judge or Officer of Record Dalt 457. Every Recognizance taken by a Justice of the Peace must be made by these words Domino Regi and great Care to be had in so doing for it is Imprisonment for any Person to take it otherwise For these Words Domino Regi import and Imply the Recognizor is bound to our Lord the King and not to any other 33 Hen. 8. Chap. 9. Crompt 196. B. Num. 11. Lamb. 162. Dalt 276. Sureties in Recognizance ought to be Subsidy Men and they must be two besides the Party himself Dalt 276. Lamb. 101. It is in the Discretion of a Justice of the Peace if he take a Recognizance Ex Officio to appoint the Number of the Sureties their Sufficiency in their Goods and Lands and the Summ of Money and how long the Party shall be bound Dalt 275. Lamb. 100. Recognizance for the Peace unless the words be expressed for keeping of the Peace seemeth void Lamb. 103. Dalt 204 276. Coram non Judice So it is if a Recognizance be that the Recognizor shall not Beat or Maim B. without the Expressing the keeping the Peace in it Ibid. A Recognizance expressing no Time of Appearance but generally to keep the Peace is good Ibid. And so these few may serve to give a Light into others for
supradictis ☞ Note that none of these Releases will discharge the Recognizance or Appearance of the Party bound thereby but that he must appear according to the Condition of the Recognizance for the Safe-guard of his said Recognizance Brief Directions or Helps to Gentlemen of the Grand and Petty Juries whereby those that are not used to be on Juries may inform them in many Material Things concerning the Weighty Trust reposed on them in discharge of their Duty CHAP. XXVI Somewhat of the Antiquity of Juries What things they must consider and how they ought to be Qualified to be Jurors IN this useful Book promising to say somewhat of Grand and Petty Juries to give those an Insight into what they ought to know who take so great a Trust upon them when sworn Jurors to enquire c. The Tryal by Juries is very ancient in this Kingdom and it is our Happiness above other Nations that a Man has so great a Benefit to be Tryed by his Equals Men unprejudiced and unbyassed to deliberate upon Hearing the Evidence and Weighing in their Consciences the Merit of the Cause This way in some degree was not unknown to the ancient Britains as by some of their Books and Monuments of Antiquity appears and we find it practised by the Saxons as Mr. Lambert makes Remarks in King Ethelred's Laws Page 118. and Cook 1 part Institutes Folio 155. and since more amply confirmed after the Norman Conquest by Magna Charta Every Day growing more and more in Esteem because no Man's Life unless it be in Parliament which is a Supream Court and is supposed will never do any Man wrong shall be touched for any Crime whatsoever but upon being found Guilty on two several Tryals for so may that of the Grand and Petty Jury be rightly termed and the Judgment of twice Twelve Men at least all of his own Condition viz. 12. or more to find the Bill against him and 12 more to find him Guilty or Acquit him on the General Issue All which Jurors ought to be Substantial Honest and Impartial Men being Neighbours of the Party Accused or supposed Place where the Fact was committed A Jury in this Case upon hearing the Evidence must be fully satisfied in their Consciences that the Party is guilty and so unanimously pronounce him upon their Oaths or else he may not be condemned for the Office and Power of these Juries is Judicial from whose Sentence the Indictment is to be valid or invalid or to speak plainer the Party Indicted to be found Guilty or Acquitted for from their Verdict there lies no Appeal As for the Qualifications of such as are to be upon Juries the Law has provided that they shall be Persons of Honesty Ability Integrity and Indifferency and Coke in the first part of his Institutes Sect. 234. Folio 155. says that a Juror must be Liber Homo not only a Freeman not bound but one that has such Freedom of Mind that he stands indifferent Sworn as he stands unsworn that he must be Legalis Lawful and by the Law these Properties are required in a Juror 1. He ought to have his dwelling most near to the place where the Question does arise or is moved 2. He must be most sufficient both in competency of Estate and understanding 3. He ought to be least suspicious viz. be indifferent as he stands unsworn and then He is accounted Liber Legalis Homo otherways it is held he may be challenged and not sworn for the Prisoner may challenge 35 in case of Treason and 20 in Case of Felony without shewing Cause and as many more as he can assign just Cause against In brief Jurors must be free from all manner of Bondage Obligations Affections Relations and Prejudices they must be the Peers or Equals of the Party they are to try and of the full Age of one and Twenty or upwards They were antiently all Knights as you may find it in Glanvil and Bracton and still must be Men of Worth and good Repute and as they are returned by sworn Officers of the Sheriff so they of the Petty Jury are to be sworn severally on every Tryal the better to mind them of their Oath or they to be charged upon their Oath with each Party they are to try CHAP. XXVII Of Indictments Presentments and the difference between them the Oath administred to the Grand Jury and how they ought to enquire c. THough both of them as I have said are Juries yet there is made a small distinction between them in the Title as Grand and Petty Juries The first is so called as it seems because it usually consists of a greater Number than the other as 17 19 21. or the like yet they can make no Verdict or Presentment unless Twelve of them at the least agree and then though the rest consent not it is held sufficient And they are further so called because they generally are of the greater quality and likewise in regard of their Power because their Office is more great and general extending to all Offences throughout the whole County for which the serve as Jurors The Petty Jury commonly called the Jury of Life and Death consisting of 12 Men are all to agree in a Verdict or the Verdict cannot be taken and is no Verdict The Grand Jury or Grand Inâ—uest for so they are often called have Principally two things in their Consideration viz. Indictments and Presentments Indictments are those that are usually drawn up in Form at the instance of the Prosecutor or by the Order of the Courts and then brought before and delivered unto the Grand Jury and the Witnesses Sworn attend them to be Examined by them upon the Oath they have taken and according as they Credit or Discredit the Evidence or find cause they Indorse the Indictment Billa vera or Ignoramus it is a true Bill or we are ignorant the latter concluding the Jury does not find the Matter or there does not upon Evidence appear a sufficient Ground for the Accusation that the Party's Life or Reputation should be brought into Question or Dispute As for a Presentment it is when of their own Knowledge or upon Enquiry the Jury themselves do take Knowledge of a Nusance or Offence to the Injury of the Publick which they think fit to have removed or punished and of which they Inform the Court to that purpose briefly in Writing without Form viz. The Nature of such Offence or Thing and the Persons Name and Place who is the Agriever or where the Nusance is being a Ground and Matter whereon to Form an Indictment the Presentment differing from the Indictment in two Particulars viz. It s not being drawn up in due Form and whereas the Indictment is commonly drawn up by the Order of the Court or the Instance of some Prosecutor as is said The Presentment on the other Hand is always Originally the Act of the Grand Jury The Form of the Oath Administred by the
Presentments void unless there be twelve Men besides on the Jury whose Reputations are not Blemished Lamb. 396. Also Persons Outlawed Persons Condemned in Premunire Persons Abjured Persons Attainted of Treason or Felony and Clergy-men are not to be of Juries CHAP. XXIX Challenges to be made of Jurors and other very useful Instructions tending to Evidence c. SO Tender were our Ancestors of the Lives and Fortunes of Men that in making wholsome Laws they took great Care that nothing as near as human Wisdom could foresee should happen to the Prejudice of the Innocent the Laws being only intended and made rather to Deter Men from Crimes than to punish those who Transgressed the Bounds of them and because Prejudice nor no other thing might sway any Party to Injure a Person Indicted if on his Jury he has as I have already hinted the Priviledge of challenging such as he suspects to a certain number formerly mentioned peremptorily and more if he can shew Lawful and just Cause For the Parties better Instruction ☞ Note if a Peer of the Realm be returned on a Jury he may be challenged by either Party or he may challenge himself 1 Inst 156. The Array may be challenged where a Peer is Party and no Knight returned on the Jury Ibid. But in Case of a Noble-man's being put upon his Trial by his Peers he cannot challenge any of them they being to Try the Cause on Honour One Indicted of Felony may challenge as many as he will shewing Cause but if he can Assign no Cause for such Challenges over and above 20 he can challenge no more than that twenty 22 Hen. 8. Chap. 14. 28 Hen. 8. Chap. 1. Lamb. 554. What is properly a good Challenge 1. Where the Party hath no Lands to the clear value of 40 s. by the Year Lamb. 554. 2 He that was Indictor of him Lamb. ibid. 3. A Party either in City or Burrough that hath not Goods to the value of 40 l. Lamb. ibid. 4 He that is not Probus Legalis as if he be Attainted of Forgery Perjury Felony c. Lamb. Ibid. 5. In Case of Champerty which is when a Party for Hope of having part of the Thing in Contest or Variance moveth or causeth the Suit to be moved at his own Cost and which is Fineable and for it he is to be Fined 33 Edw. 1. Chap. 1. Lamb. 441. and in some other Cases So that the Law of England may be said to be the Law of Liberty because the Party to be Tried has all the Liberty the Nature of the Thing will bear or a Person under Circumstances reasonably desire the Law it self that directs this Seeming to Compassionate Men's Miseries and Misfortunes as well in Criminal Matters as in securing their Rights and Properties Skreening them as it were from powerful Men that else would Oppress and Ruin them CHAP. XXX Penalties upon Forestallers of Markets Fairs c. Badgers Drovers Butchers Tanners Inholders what they may do in some Cases and what they ought not to do c. THere are several good Laws made to hinder Abuses in one Man's Intrenching on another and Ingrossing Commodities to himselfe in Hinderance of the Trade of others and making the Commodity dear c. Of which and other things nceessary to be known I shall Treat in this Chapter A Forestaller is a Party either he or she who Buys or Contracts for any Victuals or Wares before they come to the Fair Market or Port or moveth any Party to Enhaunce the Price and not to bring such Victuals or Wares to any Market Fair or Port Lamb. 450. Of which the Party being Convicted before the Justices of the Peace at the Quarter-Sessions by the Examination of two Witnesses or a Presentment of Forestalling within two Years for the Offence the first time shall lose the Goods and be Imprisoned two Months without Bail or Mainprize for the second Offence lose double the Value of the Goods and be Imprisoned for the space of Sx Months for the third Offence to forfeit all their Goods stand in the Pillory and be Imprisoned during the King's Pleasure 5 Edward 6. Chap. 14. Dalt 87. Lamb. 570. The Moiety of these Forfeitures upon Forestalling due unto the Party Informing upon the Statute of Forestallers is to be Levied by Fieri Facias or Capias to be Awarded by the Justices of the Peace Lamb. 548. A Man or Woman Buying Corn for Seed and not bringing so much to the Market Forfeits double the Value 5 Edw. 6. Chap. 14. No License shall be but in open Sessions for Drovers Badgers c. A Drover is meant here one that Buys Cattle in one Place and carries them another to Sell. A Badger one that buys Corn or Victuals in one Place and carries it into another Either of these so Trading must be a Married Man and a Householder 30 Years Old or upwards and Licensed under the Penalty of Five Pounds by 5 Edw. 6. Chap. 14. Also he must have dwelt 3 Years in the County Selling in open Fair or Market for Provision of Houses not Prohibited to Badgers Licensed by 5 Edw. 6. against Ingrossing and these must give Bond not to Forestal c. Nor to Buy Corn out of Fair or Market under the Penalty of five Pounds unless so Limited by special Words in the License Traders in Butter and Cheese Prohibited in open Sessions from Buying if they do are subject to the Penalties in the 3 and 4 of Edw. 6. Chap. 12. and the 5 and 6 Edw. 6. Chap. 14. Notwithstanding they extend not to such Traders Free-men of London None shall Ingross Oak Bark under Penalty of Forfeiting it 1 Jacobi 21. So of Hides coming to Market nor Buy except of the Owner of the Beast to be Spent in his House under the Forfeiture of 6 s. 8 d. for every one Excepted out of 5 Edw. 6. Barly or Oats to be made into Oat-meal So things belonging to Butchers Fish-mongers Poulterers Sold again at Reasonable Rates So Corn Cattel c. Reserved in a Lease taken Also Wine or Victuals by Inn-keepers dryed Fish Corn Butter and the like by Licensed Badgers c. So Provision for a City Shipping Castles or Ports So Fish brought by persons dwelling within 1 Mile of the Sea so Wine Oyls and Forreign Victuals Fish and Salt-fish excepted Excepted out of 3 and 4 Edw. 6. and 5 Edw. 6.14 Butter and Cheese Bought by Freemen of London and Sold again in the Liberties of the said City Burrough of Southwark and Westminster Any Butcher that Gasheth Slaughtereth or Cutteth the Hide of the Ox or Steer or Bull or Cow so that it is Impaired loseth 20 d. or that Wetteth or Watereth any Hides unless in June July or August or putteth to Sale any putrified or rotten Hides for every one of them loseth 3 s. 4 d. 1 Jacobi Chap. 22. Lamb. 462. A Butcher using the said Craft and also the Mystery of a Tanner loseth for every Day 6 s. 8 d. ibid. A
an untimely End and the Coroner being so satisfied he is to give his Warrant for the Burial of the Party according as it shall be found upon Verdict and an Indictment may be grounded thereon against such Party or Parties as shall be found concerned And in this Case he has Power to Commit and Bind over Persons accused before him of Murther or the like as he sees Cause And for doing his Office of one Slain or Murthered he may lawfully take 13 s. 4 d. of the Slayer or Murtherer and if he have none then of the Town where the Murther was committed or the Murtherer suffered to escape 3 Hen. 7. Chap. 1. Lamb. 434. A Coroner refusing to do his Office of one Slain by Misadventure without Fees loses 40 s. 1 Hen. 8. Chap. 7. Lamb. 434. Writs shall be Awarded to the Coroner where the Sherriff is Party The Writ of Covenant in a Fine Venire facias c. 1 Cromp. 416. One Person may be Coroner of the King's House Hostel within the Verge and of the County too 4. Co. 46. B. But where there are several one cannot meddle within the others Jurisdiction ibid. Coroners as Ministers must all joyn 4 Co. 57. B. A Coroner to whom a Writ of Estrepement is directed is to provide against Wast by taking Posse Comitatus H. 7. chap. 85. An Appeal or an Accusation by an Approver is to be entred before the Coroner 3 Inst 129. A Coroner may be removed by being Minus Idoneus 5 Co. 58. B. A Coroner concealing and not doing his Office through Fear or for Prayer or Affinity c. shall be Fined and Imprisoned for a Year or 3 Years if he cannot pay the Fine by 3 Eliz. So of other Officers Coroners ought to certify their Inquisitions at the general Goal-delivery and not at the Sessions 1 and 2 P. and M. 13. Lamb. 365. Coroners being Parties to the Exigents and Judges of the Outlawry ought to be present at the Sessions ibid. Coroners are Conservators of the Peace and may in some Cases Commit Men to Prison i id There lies no Traverse to an Indictment before the Coroner super visum corporis 3 Inst â—5 Coroners may be Convicted of Offences against the Statute 1 Hen. 8. Chap. 7. by Examination of Witness and touching Extortions or not Executing their Office before the Justice of Peace Cro. 130 b. Lamb. 435. Coroner exacting above a Noble for the View and 2 s. for his Clark Fine 40 s. See 1 Inst 149. CHAP. XXXIII Some other Matters relating to the Coroners Office and Duty in View of Dead Bodies out of Rastal c. THE Law says he is if any Man or Woman c. be Wounded and thereby in Peril of Death the Party that did it or was helping in doing it being apprehended may be Committed and kept in Custody till it be perfectly known by the Testimony of Skilful Persons whether the Wounded Party will Live or Die of those Wounds or Blows given and if he Die the Coroner upon view of the Dead Body shall enquire of him or them that have done the Fact whether Man or Woman and take the Names of them that were present as Witnesses or any otherways knowing of it Also he shall take especial notice of the Abettors and Concealors in or towards the Fact or any way therein concerned and so found to Enrole and Certify the same The Coroner according to his Inquest shall give in their Verdict if their be Cause for he is to take care to Prosecute the Offender or Offenders if the Relations of the Deceased or others refuse or are slack in so doing so that if any Man c. be Slain or Murthered and thereof the Slayers Murtherers Abettors Maintainers and Comforters may be Indicted and brought to Arraignment and Tryal of the Issue whether they are Guilty of the Murther Manslaughter c. or not Guilty which may be done any time in a Year and a Day after the same Flony and Murther Committed which must be Dated from the Time of the Wounding or Beating not from the time of the Dying if the Party Languish and live any time after though somewhat considerable as a Week a Month or more And the Wife or Heir of the Person so Slain or Murthered as the Case requires may Commence his or her Appeal in proper Person any time within the Year after the said Felony done before the Sheriff and Coroner of the County where the said Felony and Murther was done or before the King in his Bench or Justices of Goal-delivery And the Appellant in any Appeals of Murther or Death of a Man c. where Battle by the Course of Common-law seeth not may make their Attorneys and Appear by the same And the said Appeals after they be Commenced may be proceeded in to the end of the Suit and Execution If a Murtherer or Man-slayer escape the Justices of the Peace have Power to enquire of such Escapes and to certifie 'em in the King's-bench and that after the Felony found the Coroners deliver their Inquisitions before the Justices the next Goal-delivery in the Shire or County where the Inquisition is taken and they are to proceed against such Murtherers if they be in Goal or else certifie the Inquisition in the King's-bench or as it is worded put the said Inquisition before the King in his Bench. All such Coroners as are Remiss in their Office or Duty of their Place and make not their Respective Inquisitions upon the view of the dead Body and certifie not according as aforesaid or Ordained every Coroner for such Offence Forfeits to the King 5 l. by 3 Hen. 7. Chap. 1. And now that the Coroner may not be ignorant what is Murther I shall briefly lay it down in general and many material Particulars CHAP. XXXIV Murther how to be taâ— and what is Observable therein to make it so wilfully c. MUrther is when a Man or Woman upon Malice propense Precedent or Fore-thought doth Feloniously Kill another living within the Realm or under the Protection of the King whether openly or privately done or whether the Party Slain be English or an Alien Lamb. 237. Dalt 342. Cromp. 21. a. Num. 1. Clergy taken away 1 Edw. 6. And in this Case Killing shall have Relation to the Death and not to the Stroak 4 Coke 42 Crompt 21. a. Num. 1. Malice is either expressed Crompt 21. a. Dalt 241. or Implyed Lamb. 239. Malice Expressed is in a Case where it is known there is Malice between the Parties Crompt 21. a. and is apparent and where there is a preceeding Falling out or lying in Wait or Time and Place Appointed Lamb. 238. Dalt 343. Malice Implyed is to be taken where a Man or Woman c. is killed suddenly without Defence Crompt 21. a. Numb 2. Dalt 343. As one busie at Reading or going over a Stile suddenly Killed by a Party or where one Killeth another without Provocation one Stabbed and not having a Weapon drawn
Royal Dutchy CHAP. LXVII The Constables Office and Duty relating to such Persons as Prophanely Swear and Curse BY a late Statute made in the 6 and 7 Year of the Reign of William the Third Chap. 11. it is enacted for the restraining that Dangerous and Unprofitable Sin of Swearing and Cursing that such as in the Presence or Hearing of a Justice of the Peace of the same County wherein the Offence is committed or Head Officer or Justice of Peace of the City do Swear or Curse or are thereof convicted by Witness or Confession of the party before any Magistrate the Offender if a Common Soldier Labourer or Servant shall pay for every Oath c. 18. for the use of the poor of the Parish wherein the Offence is committed and every other person is to pay 2 s. for the like Offence for the second double for the third treble to be levied by Distress by Warrant from one Justice of the Peace and where no Distress is found the Offender if above Sixteen Years of Age is to be set in the Stocks by the space of one Hour for one Offence and two Hours for more than two Offences but if under Age to be whipt by the Parents or Master in the Presence of the Constable All Justices of Peace Constables c. who neglect to put this Act in Execution being knowing of the Offence to forfeit 5 Pounds and none are to be prosecuted upon this Act beyond the Expiration of Ten Days therefore Information must be given within the said Ten Days after the Offence committed And for the better deterring Offenders to commit Offences of this Kind it is ordained to mind them of the Danger and Shame they are like to incur thereby that this Act be publickly read in Churches next Sunday after every Quarter Day immediately after Morning Prayer under Penalty of 20 s. for each Omission and Justices c. are to keep a Register of all such Convictions before them and to certifie the same at the Quarter Sessions to be there Recorded where any one may search for the same and see it without paying any manner of Fees CHAP. LXVIII The Constables Office and Duty further relating to Vagabonds and Beggars and Collecting Monies for Building and Repairing Goals BY an Act of the 11 and 12 of W. 3. it is Enacted that after the 24 of June 1700. That if any Vagabond Beggar or any person whatsoever shall be brought to any Constable Headborough or Tythingman or other Officer with a Pass Testimonial Letter of Request or other Writing whatever pretending thereby either to be Relieved or Conveyed The said person or persons shall by such Constable or other Officer or by some other sufficient person or persons whom he shall order or depute be carrryed before some one Justice of the Peace of the County which Justice is carefully and diligently to Examine him or them and if he finds they ought by Law to be punished he is to send them to the House of Correction and take such further Course as in that Case the Law directs But if no such Cause appear then he or they are to be immediately conveyed out of the County to such Town of the next County unto or through which such person or persons are to pass or be conveyed as the said Justice shall think most proper and every Constable or other Officer is to convey them to the House of Correction or to such Town as aforesaid without delay and further the Justice is by this Act obliged to give the Constable or other Officer a Certificate without Fee of the Number of such persons as he shall so order to be punished or conveyed as also the manner how when and from whence such persons are to be conveyed And further the Justice ought to Tax the Charge on the back of the Certificate which the Constable c. delivering to the High Constable of that Division he is to pay him his Charges out of the Monies of the Goal and Marshalsea Mony and take a Receipt for the same which Receipt shall be Accepted by the Chief Treasurer of the County and allowed in his Accounts as so much Mony and if the Goal and Marshalsea Mony fail to be sufficient then the Justices in their Quarter-Sessions may raise a Tax in their Counties Ridings and Divisions in such manner as they raise it for the County Goals and Bridges the Mony to be paid to the Chief Constable of each Division so as they shall have a quarterly Payment in their Hands before hand and as often as the said Petty Constables or Deputies shall produce the said Certificates they shall be paid their Charges according thereto and the High Constable must Account for so much at the next Quarter-Sessions and the Petty Constable is not to Charge the Inhabitants of his Constabulary wirh any Sum or Sums of Mony or any Provisions to the Relief or Conveyance of such Rogues or Vagabonds And if any Constable or other Officer to whom it belongs shall neglect to Apprehend such Vagabonds or Beggars or be remiss and negligent in doing his Duty by this Act required then for such Offence he shall pay 20 s. one fourth part to go to the Informer and the other 3 parts to the poor of the Parish and he may be Convicted before a Justice by the Oath of one Witness and upon refusal to pay Distress may be made by Warrant as in other Cases But this Act is to continue but 3 Years and from thence to the End of the next Session of Parliament By another Act of Parliament 11 and 12 W. 3. Intiuled An Act to Enable Justices of the Peace to Build and Repair Goals in their respective Counties The Justices of the Peace at their General Quarter-Sessions are to direct their Warrants or Precepts to the High Constable Petty Constable Bailiffs or other Officer or Officers as they shall think fit for the Collecting and Levying the Mony in order thereto and upon denial of any Assessed after 4 Days demand to pay the same they are Impowered to make Distress and Sale of Goods and after 4 Days keeping if the Mony be not paid to sell the same and deducting Charges immediately to render the Overplus to the Owner the Distress being first Appraised by two or more of the Inhabitants and the Constable c. to pay the Monies so Collected to the Treasurer or Treasurers Appointed by the Justices to receive it and for refusing to Account after four days demand the Justices of the Peace or the greater number of them are Impowered to Commit him or them so neglecting or refusing to Prison there to remain without Bail or Mainprize till he or they shall have made a true Account CHAP. LXIX The Constables Office relating to such as make or put bad Mault to Sale c. THE Constable's Office relating to Malt is to see such Malt as comes to be sold within his Division or there made for Sale that it be
with the Advice of the Inhabitants or the major part of them upon publick Notice before given are diligently to oversee those that Work on the days appointed for the digging and carrying Gravel and other Materials for mending such Ways where they shall find them defective giving them Directions in order thereto and upon publick Notice or Wa ning the Persons so qualified are to send their Carts and Labourers Every Person having in his own Occupation a Plough-Land in Tillage or Pasture or keeping a Plough or Draught in the same Parish is liable to send according to the Fashion and Custom of the County wherein he resideth or is so legally Charged a Wain or Cart with Oxen or Horses fit for Carriage and Work of this nature attended by two able Men who shall do such Work as shall be by the Surveyors appointed them for the space of days Working 8 hours every such day under the Penalty of forfeiting for every days Default 10 s. and every other Housholder Cotter or Labourer not being a hired Servant shall in Person attend the Service to Work or send an able Man in his stead under Penalty for every days Default to pay 12 d. and all other Persons being no otherways chargeable but Cottages being Subsidy 5 l. in Goods or 40 s. by the Year in Lands or above they must find two able Men to Work in the Service It is in the Discretion of the Surveyors if there be more Carts Wains c. than are necessary to appoint two able Men instead of a Team on forfeiture of 12 d. each in case of Defect And if in 6 days the Ways cannot be conveniently mended as is the usual time they may set a farther time but then they must make Payment for it according to the Rate of the County and if hereupon there be no Agreement the Justice may settle the Rate If Materials be wanting the Surveyors may take the small loose Stones from any Man's Quarry and such Rubbish as he finds there it being near the Road without paying for it but must not dig not take away the great Stones They may dig Gravel and Sand for the like Use near any Highway in other Mens Ground not being their House Yard Orchard or Garden without paying for it the Pit not exceeding 10 Foot in breadth and the like in width which as soon as the Work is over must be covered up and made good at their Charge who caused it to be digg'd or if it be so filled up within the space of one Month they forfeit 5 Marks to be recovered by the Owner by Action of Debt All Owners of Ground adjoining to the High-ways are to keep their Hedges low and upright that the Boughs or Brambles standing out may not hinder or offend Travellers and that so the Sun may shine on the Ways to dry them and such as are negligent in this may be Presented and Indicted and thereupon forfeit 10 s. besides their Charges And in case Ditches are stopped up with Mud or Ouse that should be Drains to the Highway so that the Water lies in it and cannot have a current Passage the Owner of such a Ditch or Water-drain shall forfeit 12 d. for every Rod so neglected to be Scowred by 18 Eliz. Chap. 10. And the Surveyor hath power to make Conveniencies for draining the Highways as Sluces Out-lets of Water c. into any Man's Ditch or Ground for the better and more speedy Conveniency of passing the Road. If any Man upon Cleansing a Ditch cast the Soil into the Road and suffer it to lie there above the space of six Months he is liable to pay 12 d. per Load for as many as shall be adjudged to be there If a Justice of the Peace shall upon his own Knowledge of any Nusance on the Road make a Presentment it stands good and two Justices one being of the Quorum may make the Amercement or Fine to be levyed on the Offender These Officers viz. Surveyors have in their Care all Bridges witnin their several Parishes or Liberties to see they are kept in good Repair from time to time at the Charge of the Parish Hundred or as the Custom has been and is continued and if a Custom has therein ceased for a time it may be revived for in some Cases particular Persons are bound by Tenure of Land c. to repair part or the whole of a Bridge c. without a Parish Charge But to instance these Particulars would be too tedious for my intended Brevity and many times a whole County Iles chargeable to be Rated for the Repair of a Bridge c. CHAP. LXXXII The Office of a Surveyor in draining the Roads making Presentments and in what Case a Justice of Peace may Present how the Surveyor shall be Reimbursed for Moneys laid out for Materials c. A Surveyor may Cause a Water-course or Spring in the Highway within his Parish to be turned into another Man's Ground or his Ditch next adjoining to the said way for the Conveniency of keeping the Road dry as in his Discretion shall seem fitting Dalt Chap. 50. Fol. 103. The Surveyors o any one of them have power to present to the next Justice of the Peace every Default upon the 2 and 3 of Philip and Mary Chap. 8. and 5 Eliz. Chap. 14. within one Month after the Default made on the Penalty of 40 s. and the Justice under Penalty of 5 l. must certify the same at the next Quarter-Sessions where the Bench of Justices have power to enquire of the Default and to set such Fine on the Offender as any two of them one being of the Quorum shall think fit 5 Eliz. Chap. 1â— If any Justice of the Peace present in Sessions upon his own Knowledge it shall be a good Conviction whereupon any two of the Justices the one being of the Quorum may assess a Fine as well as if the Matter had been found on the Verdict of 12 Men But in this Case the Offendor shall be as in other Cases admitted to his Traverse 5 Eliz. Chap. 13. Rast 199. and all such Fines and Forfeitures are to be bestowed and employed towards the mending and bettering of the Highways in the Parish where the Offences are committed Wing Abridg. Stat. Tit. Highways 2 3 P. M. Chap. 8. Where Surveyors have laid out their Money for Materials to mend the Ways where without there were none fitting to be had it is enacted 2 and 3 of William and Mary That upon notice given by the Surveyors of Highways to the Justices of the Peace at their Grand Sessions and Oath made of what Sum or Sums of Money are expended to that Use and Behoof the Justices thereupon or any two of them under their Hands and Seals may cause an equal Rate to be made for the reimbursing the Surveyor or Surveyors the Moneys by them to the Use aforesaid laid out upon all the Inhabitants of such Parish or Township where it was expended