will not amount to felonie unto death unlesse the thing taken be of the value of 12 pence Lam. 270. Dal. quaere The thief must have an actuall possession of the thing severed from the person of the owner Lam. 271. Dal. 229. Cro. 35. a. Cutting out of tongues Cutting out of tongues and putting out of eyes is felonie if it be done of set purpose 5. H. 4. 5. Lam. 400 404. Lam. 420. Cutting of a pond head Destroying of the head or damme of any pond moat sluce or severall pit wherein fishes are put by the owner thereof or have wrongfully fished in any of the same to the intent to take away the fish against the owners will 5. E. 21. Lam. 424. Lam. 446. Deere and Deere-hayes JUstice of Peace may not receive an indictment for killing a hart proclaimed Lam. 477 487. for the jurisdiction of it belongeth to the Iustice of the forrest 21. H. 7. 30. Lam. 505. One convicted of unlawfull taking or killing of Deere must pay treble damages to the partie three moneths imprisonment and after to remain there till he put in sureties for the good behaviour for 7 yeares 5. Elis 21. Lam. 538 552. 3. Jac. 13. Lam. 571. To sell or buy to sell any Deere Hare Partridge or Phesant except house Partridge or Phesant or brought from beyond the seas loseth for every Deere 40 shill every Hare or Partridge 10 shill and every Phesant 20. shill 1. Jac. 27. Vide plus Hunting and Buckstalls Demurrer One indicted demurreth upon the evidences the Iustices ought to record it Lam. 508 520. Lam. 539. Deputie A Iudge cannot make a Deputie Lamb. 60 65. Lamb. 64. Divine Service Any above the age of 16 yeares that repaireth not to his parish Church or Chappel accustomed or to some usuall place where Common Prayer is to be used upon every Sunday and other holidayes and hath not there orderly and soberly abiden during the time of such Common Prayer Preaching or other service of God loseth 12 pence for every offence to be levyed by the Churchwardens to the use of the poore of the said parish and to be punished by the censures of the Church 1. El. 2. It is lawfull for one Iustice of Peace in the limit division or libertie where the offender dwelleth in not coming to Church 1. El. 2. upon proof of default by confession of the partie or oath of witnesse to call the partie before him and for want of sufficient excuse and proof thereof to the satisfaction of the said Iustice the said Iustice may give his warrant to the Churchwarden of the said parish under his hand and seal to levie 12 pence for every default by distresse in default thereof to commit the offender to prison till payment made 3. Jac. 4. Vide plus Recusants and Sunday Dogge vide Hunting Vide Partridges and Phesants Drivers of commons vide Commons Drovers vide Badgers Dyer vide Cloth Drunkennesse Any Iustice of Peace upon his own view confession of the partie or proof of one witnesse upon oath hath power to convince any person of drunkennesse 21. Jac. 7. Any within six moneths after the offence committed lawfully convicted of drunkennesse loseth 5 shill to be paid after conviction to the Church-wardens of the parish where the offence shall be committed and refusing and neglecting to pay the same to be by warrant from the Iustice convicting levyed on his goods if he be unable to be set into the stocks 6. houres and upon conviction of the second offence to be bound with sureties in 10 pound to his good behaviour 4. 5. The officer charged is negligent in levying or in correcting he loseth 10 shillings to be levyed and disposed as the penaltie it self 4. Jac. 5. Churchwardens to be accountable to the use of the poore for the penalties by them received upon the statute of drunkennesse ibid. Constables Churchwardens and Tithingmen in their oaths for their office are to swear to present offences against the statute of drunkennesse 4. J. 5. Offences against the statute of drunkennesse to be inquired after and presented before the Iustice of Assixe or Iustice of Peace at their Sessions and proceeded upon ordinarie indictment ibid. Offenders against the statute of drunkennesse not to be twice punished for the same offence ibid. Ecclesiasticall causes and persons ECclesiasticall persons subject to arrest for the Peace but when they be attendant on divine service Lam. 88 95. Lamb. 93. Dal. 294. Vide plus Treason Egges of wilde fowl Egges of any wilde fowl usually eaten taken from the place where they were layed or destroyed betwixt the first of March and the last of Iune one yeares imprisonment and lose after a rate for each egge 25. H. 8. 11. 3. E. 6. 3. Lam. 429 435. Lam. 453. To take away the egges of any Hawk out of the woods or ground of any other person three moneths imprisonment and bound to his good behaviour for 7 yeares 5. Elis 21. Lam. 424. Lamb. 446. To take or cause to be taken upon his own or other mens grounds the egges of any Falcon Goshawk Lanner or Swan one yeare and a dayes imprisonment and fine 11. H. 7. 17. Lam. ibid. Taker or willing destroyer of egges of Partridge Phesant or Swan upon conviction by confession or oath of two witnesses before two Iustices of Peace where the offence or apprehension is to be imprisoned three moneths unlesse he pay to the Churchwardens of the parish in one of the places to the use of the poore 20 shill 1. Jac. 27. Vide plus Partridges Phesants and Fowlers Egyptians One Iustice of Peace may within one moneth after the arrivall seize all the goods of any outlandish persons calling themselves Egyptians that shall come into the Realm or companie with them or disguise themselves like them and keep to his own use the one moytie accounting in the Exchequer for the other restoring to them again their goods that prove by two witnesses that they were craftily or feloniously stoln from them upon pain of forfeiture of double the value to the prover 22. H. 8. 10. Lamb. 183 200 232 255 355 357 407 412. Dal. 38. Lamb. 195 228 371 429. After the moneth it is felony and then they shall have the whole 1. 2. P. M. 4. Quaere whether the stat 22. H. 8. be still in force or altered by the statute of 1. 2. P. M. Embezeling of records vide Records Embracer vide Maintainer Enditements Enditement is the verdict of jurours that be charged to inquire of that offence that is presented by them ibid. All Enditements ought to contain certainty and therefore five principall things be requisite in presentments Lamb. 459. Lamb. 487. 1 The name surname and addition of the party endited 2 The yeare the day and place in which the offence was done 3 The name of the person to whom the offence was done 4 The name and value of the thing in which the offence was committed 5 The manner of
estreats of issues then of right are due forfeiteth 5 marks to the King as much to the partie 27. Elis 7. Lam. 32. Forfeitures of issues by jurours are to be levyed by Records of execution awarded by the Iustice of Peace 27. Elis 7. Lam. 585. Judgement Ambiguitie arising in judgement the Iustice of Peace shall forbear to proceed till the Iudges come but if they will proceed the judgement is not void but must be reversed Lam. 568. Where the statute appointeth a punishment there judgement must be according to the statute upon trespasse riots and such other offences where no forfeiture is prescribed judgement is to be taken and ransomed Lamb. 510. Vide plus the severall offences Iuglers vide License Jurours Iurours both for enquirie and triall ought to be Probi legales homines Lam. 396. What persons may not be jurours and being jurours make presentments void unlesse there be twelve besides 1 Attainted in conspiracie 2 Attaint 3 Decies â—antùm 4 Subornation of perjurie 5 Concealment c. and their presentment void unlesse there be twelve besides them that are not blemished Lam. 396. 6 Outlawed 7 Abjured 8 Condemned in a Praemunire 9 Attainted of treason 10 Felonie c. ibid. 11 Women 12 Infants under 14 yeares of age 13 Aliens 14 Clergie-men ibid. Iuroure must be inhabitants or freeholders within the Countie to the value of 40 shillings per annum but in Cities and Boroughs to the value of 40 shill in goods 369 397. Iurours for triall of an indictment within the Countie Palatine of Lancaster must have 5 pound per annum ibid. Iurour 70 yeares old or decrepit returned by the Sheriffe must serve if the Iustice will but he may sue the Sheriffe upon the statute of Westminster 2. 38. Lam. 397. if he be exempted by Charter Lam. ibid. Iurour exempted by Charter with these words Licet tangat nos is to be discharged upon his appearance but he ought to shew it to the Sheriffe ibid. When there is want of sufficient Iurours no exemption can discharge ibid. Presentment is good though some of the Iurours he allyed to him that procureth the presentment but it is no discretion in the Iustice to suffer any such to be impannelled Lam. 398. If the particular jurours for the hundred cannot be supplied by those of the hundred it is better to take Tales de circumstantibus of other hundreds then to be renewed with a Tales from Sessions to Sessions Lam. 398. Jurie of one hundred may present an ofâ—…nce done in another hundred Lam. 399. Iustices may command the Sheriffe to alter the pannell and he refusing forfeiteth 10 pound ibid. 3. H. 8. 12. All the jurours must be sworn otherwise their presentments are void but the Record being that all the jurours were sworn the presentments are good though all be not sworn Lam. 399. Iurour after he is sworn upon cause may be removed by the Iustice Lam. 400. 20. H. 6. 5. Iurie after swearing adjourned to another time may be then sworn again ibid. Iurours of enquirie must be 12 but there may be more and it is best to have them odde Lam. 400. ibid. If 12 jurours do agree the residue cannot gainsay ibid. Iuries of enquirie ought not to be committed to a keeper nor kept without victuals nor carried out of the town but may be adjourned to another place to give up their verdict Lam. 400. Iurours which do carefully conceal offences presentable and which be complained of by bill may be enquired of by persons whereof every one may dispend 40 shillings per annum and such concealment being found within a yeare after every jurour shall be amerced in open Sessions 3. H. 7. 2. Lam. 400 401. Iurours that discover what they have done are to be fined Lam. 402. Iurour taking any thing to make a favourable presentment shall be imprisoned and ransomed Lamb. 441. Cro. 84. a. No jurour to be returned without an addition whereby he may be known 27. Elis 7. Vide plus Challenge Justices of the Peace Iustices of Peace were created 1. Ed. 6. 3. 16. Dal. 4. Lamb. 20. Iustice of Peace is Iustice of Record Dal. 415. Cro. 120. a. Lam. 62. He may take a recognizance of Peace which none can do but a Iudge of Record Dal. 6. Lam. 186. Cro. 196. His warrant is not disputable by the Constable Dal. 6. Lam. 65. Cro. 147. b. but it is to be understood when the Iustice of Peace hath jurisdiction of the cause Dal. 6 292. Cro. 147. b. Lam. 65 91. His testimonie in some cases is of as great force and in some cases greater then an indictment of 12 men upon oath as in the cases of force riots presentments of high-wayes Dal. 6. Lam. 65. The authoritie granted to Iustice of Peace by commission doth determine by oath of the King at the Kings pleasure As to be discharged by wiâ—… under the great seal 2 By Supersedeas 3 By granting a new commission and knowledge thereof Dal. 8. Cro. 188. a Lamb. 77. 2 By publishing the new commission at Assizes or Sessions or any countie court 3 By holding open Sessions by vertue of the new commission Dal. 8. Cro. 188. a. Lam. 69. Exercising the office of a Justice of Peace before oath taken is fineable Dal. 11 304. Justice of Peace hath not authoritie but in the countie where be is Justice Dal. 21. Justice of Peace is not to meddle with offences done out of the countie Dal. 16. Cro. 120. b. except some statute enable him or some matter of Peace or Felonie Dal. 21. Justice of Peace is not to intermeddle in any citie or corporation which have their proper Justices Dal. 21. Cro. 8. a. 181. b. 189. 2. Justices of Peace ought not to execute their offices in their own case Dal. 304. Cro. 68. a. Yet a Justice of Peace being assaulted may commit the offender to prison Dal. 128 304. Cro. 68. a. Lam. 134. So Crompt thinketh that a Justice of Peace may record a forcible entry made upon his own possession and commit the offender Cro. 67. b. 68. a. Justice of Peace chargeth one that maketh an assault or affray to keep the Peace who answereth he will not the Justice of Peace may binde him to his good behaviour Dal. 162. Iustice of Peace must proceed by the prescript of the commission and statute Dal. 18. Where the statute referreth the triall c. to the Iustice of Peace his discretion it seemeth he may examine upon oath Dal. 20 121. One Iustice of Peace ought not to binde one to appeare at the Qu. Sessions to answer his fauit committed against a penall law except the statute of Labourers Lam. 187. Every Iustice of Peace is a conservatour of rites within his countie Lam. 18 9. Iustice of Peace not giving remedie to the partie grieved in a cause that may be heard determined and executed by him upon complaint to the Iudges of Assize or the Lord Chancellour is to be put out of commission by the
Lord Chancellour and punished according to his desert 4. Hen. 7. 12. Lam. 330. Dal. 305. One Iustice of Peace may command fresh suit hue and cry and search to be made by officers and others after theirs robberies enjoyn watches for the arresting of suspected persons and night-walkers high-wayes to be enlarged that two Constables be chosen in every hundred forbid faires and markets in Churchyards command all between 15 and 60 to be sworn to the peace charge the Constable to arrest all such as be suspected to be draw-latches Lam. 185. Iustice of Peace taking bond in his own name and not anno Regis in a cause touching the King is to be imprisoned 33. Hen. 8. 39. Iustices of Peace at their Sessions are of equall authoritie Lam. 385. Vide Cro. 122. ann 33. The authoritie of a Iustice of Peace doth cease 1 by the Kings death 2 by the expresse will viz. by writ under the great Seal or supersedeas 3 by being left out of the commission 4 by accession of another office as being made Sheriffe or Coroner of the countie Dal. 89. Cro. 121. ann 314. Iustice of Peace must send his prisoners to the common goal Lam. 133. Dal. 30. 125. A felon is brought before a Iustice of Peace upon suspicion though it appeare to the Iustice he is not guiltie yet he may not set him at libertie but so as he may come to his triall Dal. 260 305 242. Lam. 233. Cro. 40. b. 100. b. otherwise it will prove a voluntarie escape in the Iustice for he is not to be delivered by any mans discretion Dal. 8. Lam. ut suprá A man is arrested for felonie by a Constable or other who afterwards hath knowledge that there is no such felonie done the opinion of Keble was that he might set him at libertie but if one be killed and another be arrested for suspicion though after he know the arrested is guiltlesse or was arrested for malice he ought not to set him at libertie but must be delivered by course of law otherwise it is felonie Cro. 40. What things a Justice of Peace ought to do ex officio Record a demurrer upon the evidence Lamb. 539. Give day to the partie to bring in a record that it before other Iustices which is pleaded by way of justification Lam. 534. If thinking an enditement to be void they have discharged the prisoner paying his fees yet upon change of their opinion they may stay him any time before judgement Lam. 540. Iustices of Peace ought not to suffer the King to be disadvantaged if they may lawfully prevent it Lam. 540. In absence of the Kings Atturney the Iustice of Peace may take issue with one that pleadeth a pardon that he is one of the parties excepted Lam. 540. Iustice of Peace cannot acquit felons of proclamations but if no prosecution be they are to keep them till the coming of the Iustice of goal-delivery Lam. 550. Iustice of Peace may enquire of all manner of felonies at the common law or given by any statute and of ail manner of trespasses done against the Peace of the King and of such trespasser wherein action of the case will lie for trespasse or decritz for in the end of the writ grounded upon the case is contained contra pacem nostram Cro. 8. â— One J. of Peace rebukes another neither he nor any of his fellow Justices can commit him for all are by one authoritie but if one Justice abuse another in open Sessions it seemeth the rest may binde him to the Peace Cro. 102. a. Fitz. 32 92. Defaults against the statute 3. Hen. 6. 11. for levying of wages for Knights of the shire are to be heard and determined by enquirie for the King or action for the partie before the Just of Peace Lam. 512. Labourers and Servants ONe Justice of Peace may cause all artificers and other persons meet to labour by his discretion to work by the day in hay and corn-harvest time or imprison the refusers in the stocks for two dayes and one night 5. Elis 2. Dal. 59. The Constable refusing to stock them loseth 40 shill One Justice of Peace under his hand and seal may license labourers in hay and harvest time to go into another countrey to work Dal. 59. One Justice of Peace upon complaint may compell meet persons to be bound as apprentices to husbandry or any other art c. and for refusall commit them to ward there to remain untill they be bound to serve according to the statute Dal. 53 76. 5. Elis 4. One Justice of Peace may take order betwixt the master and apprentice for want of conformitie in the master binde him over to the Qu. Sessions where foure Iustices one being of the Quorum may discharge the apprentice and if fault be in the apprentice inflict due correction Dal. 59. but if the first Iustice finde fault in the apprentice he may by 7 Jac. send him to the house of correction as an idle disorderly person Dal. 60. One Iustice of Peace may allow of the cause of putting away of a servant or of his departure within his â—…m Dal. 60. But an apprentice by 4 Iustices of Peace in open Sessions ibid. One Iustice of Peace may command vagrant persons to prison if they will not serve Dal. 63. One Iustice of Peace may make his warrant to attach a servant departing to be at the Sessions or may send him to the house of correction Dal. 77. Two Iustices of Peace upon complaint that a servant departed before the end of his term except 1 cause be allowed by one Iustice of Peace or a at the end of his term without one quarters warning before two witnesses or 3 hath refused to serv for the wages appointed according to the statute or 4 hath promised to serve accordingly and doth not may examine the matter and may commit without bail such faultie person till he be bound to serve and continue and then he is to be discharged without see to the goaler Dalt 60. Lamb. 350. Two Justices of the Peace may imprison the master for 10 dayes without bayl and the servant for 21 dayes that giveth or taketh greater wages then are allowed by statute Dal. 61. Lamb. 330. All retainer promise or payment of wages or any other thing contrary to statute and every writing and bond for the purpose is void Dal. 61. 5. Elis 4. Two Justices of Peace may imprison for a yeare or more any servant workman or labourer that doth make assault or affray upon his master or any that hath the charge or oversight of them or of the work being proved by the confession of the party or oath of two Dal. 6â— Or the Justices at the Sessions may inflict other punishment One Iustice may binde the offender to the good behaviour and so to the next Sessions Dal. 78. Edit 16â—6 Lam. 330 473. Two Iustices may compell any woman of the age of 12 and under 40. being unmarried to serve by
the yeare week or day for such wages as they shall think meet or commit her to ward till she be bound Dal. 61. Lamb. 330 331. The retainer of any to serve in the arts of clothing Wooll-weaver Tucker Fuller Clothworker Sheerman Dyer Hosier Taylor Shoemaker Tanner Pewterer Baker Brewer Glover Cutler Smith Farrier Currier Sadler Spurrier Turner Bowyer Fletcher Arrowhead-maker Butcher Cook or Miller for lesse then a yeare is void 5. Elis 4. Lamb. 473. Any unmarried or under thirty yeares and married me compellable to serve in any of the the said arts or to be imprisoned untill they will serve 5. Elis 4. upon request of any person using the said trades except the person be lawfully retained with some other or have 40 shill per annum in lands or 10 pound in goods or some farm in tillage Dal. 60. Lamb. 473. None retained in husbandry to depart at his time into any other limit without testimony on pain of 20 dayes imprisonment and to be whipped if then he brings none and receiver of such loseth 5 pound Lamb. 474. Dal. 64. Labourers not working so many houres as they ought lose a peny an houre Lamb. 474. Servant falling sick or non potens corpore the master may not put him away nor abate his wages Dal. 83. Any taking work by great and departing unlawfully before the work be finished loseth 5 po and is to be imprisoned for a moneth Lamb. 474. Any taking an apprentice contrary to order of law or exercising an art not being apprentice therein 7 years loseth 10 pound 5. Elis 4. 5. Lamb. 475. Servant departing into another shire is indicted for it in the county whence he departed the Justice of Peace may award a Capias to the Sheriffe of that shire whereunto he departed returnable before themselves 5. Elis 4. Lamb. 525. The sufficiency of the cause of the masters putting away of his servant or the servants departing from his master within his term must be proved at the Q. Sessions Lamb. 610. Houshold servant spoileth the goods of his deceased master and after proclamation in the Kings Bench maketh default of appearance there it is felony but not enquirable by the Justice of Peace 33. H. 6. 1. Lamb. 281 548. A man not able nor sufficient to keep a servant doth retain a servant such retainer is void Dal. 63. Retainer of a servant in husbandry without expressing any term shall be for one year Crom. 184. Dal. 64. it is according to the statute 5. Elis 4. One retaineth a servant for 40 dayes and afterwards another retaineth him for a year the first retainer is void Cro. 184. a. Dal. 64. A servant cannot be discharged by his master without his own agreement or for some cause allowed by a Justice of Peace Dal. 64. An apprentice cannot be discharged by his master but by writing for an apprentice cannot be but by writing Dal. 64 62. Cro. 184. b. 185. b. A servant put away shall have his proportionall wages for the time he served but it must be by the help of a Justice of Peace Dal 64. A servant of his own accord departing from his service loseth all his wages Dal. 64. A servant refusing to do his service it is a departure in law though he stay still with his master Dal. 64. Detaining of wages or of meat and drink is good cause of departure but to be allowed by a Justice of Peace Dal. 64 65. Cro. 185. a. A woman married after she is retained must serve out her time Cro. 184. b. Dal. 63. No servant in husbandry artificer or victualler nor any labourer shall carry any buckler dagger or sword on pain to forfeit the same but for defence of the realm or travelling with their master or about their masters businesse 12. R. 2. b. Cro. 185. b. Any two Justices of Peace may give their consents with the Churchwardens and overseers or to the greater part of them to binde as apprentices the children of poore parents till the age of the man-childe of 24. and of the woman till 21. 39. Elis 3. Lamb. 331 327. 43. Elis 2. Dal. 63. Retainer according to statute though no wages be spoken of is good and shall have wages according to the proclamation Dal. 61. Retainer not being according to statute is void except it be by Indenture Dal. 81 82. Retainer upon condition is good Dal. 82. Retainer without expressing in what office is good Dal. 82. Retainer for life is good Dal. 82. Retainer for a yeare to serve when he shall be required is not good Dal. 82. By retainer the servant is presently in service though he come not into his masters service indeed Dal. 82. The executour the master dying must pay wages to the servant hired according to statute not otherwise except it be by Indenture Dal. 83. Larceny Larceny is the felonious and fraudulent taking another mans personall goods removed from his body and person without his will to the end to steal them Lamb. 271. P. R. 129. Personall goods are Wholly anothers Dead Alive His own yet also a party in another Dead goods In their own nature chattels as money plate houshold-stuffe Lam. 273. wooll severed from the sheeps backs to take the skinne and leave the bodie the flesh of tame or wilde fowl or beast 275. goods of the Church parish or of an unknown person 276. Once no chattels and made chattels by the owner as mowed corn mowed hay wood felled apples gathered c. 273 276. Alive Tame as horses beasts sheep swine pullen 273 274. Wilde made tame by Art Restraint of libertie By art as A tame deer by common law 275. By statute a falcon tarcelet lanner lanneret lost without bringing it to the Sheriffe to be proclaimed 274. By restraint of their libertie as young pigeons young herons young hawks out of their nests fish in a trunk stew or pond 274. A mans own goods Where he hath given a speciall propertie to another as by bailment pawning c. and feloniously taketh it again 277. Where one coming lawfully to the possession by lending altereth the propertie as by melting of borrowed plate and the lender taketh the metall feloniously 277. In what goods larcenie cannot be commited In goods of Profit Pleasure Goods of profit as where is An owner and they are Reall Personall No owner as treasure trove wrecked strayed Lam. 276. Reall are Distinct from the freehold as charter of land or award Lam. 275. Annexed to the freehold as apples on the tree a tree growing lead from a house or from a Church Lam. 276. Personall as wilde things using their wildenesse as pigeons flying hawks not reclaimed fishes in the river Lam. 274. Dal. 234. phesants partridges hares conies herons swans or deer that are abroad Lam. 275. Goods of pleasure as dogs apes parrats finging birds a diamond rubie or other stone not set in gold or silver Lam. 275. Larcenie is Grand larcenie Pettie larcenie Grand larcenie is where the thing stollen is
prison as in the stocks in the high-way or in the possession of him that arrested or hath the keeping of him Dal. 239. To break prison is felonie being committed for felonie Lam. 229 424. Rescous to help a prisoner committed for felonie to get away is felonie Lam. 229 424. If an officer or other whatsoever by his wilfull default suffer a prisoner to escape it is felonie Lam. 229 424. Prison-breach is to escape out of the stocks or out of any mans possession Lam. 229. Unlawfully to utter a device to set a prisoner at libertie endited of treason concerning the Kings person is felonie Lam. 403. expired Churchwardens are to levie money for the relief of prisoners and to pay it to the high Constable quarterly who is to pay it to the collectour at the Quarter Sessions and he is to distribute it weekly any making default lose 5 pound 14. Elis 5. Lam. 475. Prisoner of sufficient abilitie shall bear his own charges and of them that shall be appointed to guard him to the goal and he refusing the Constable of the parish where he dwelleth by warrant from the Justice that committed him may levie the same by distresse and sale of his goods after apprizement by foure of the parish the overplus to be delivered to the owner 3. Jac. 10. Prisoner not of abilitie and those that guard him to have their charges from the place of apprehension to the goal born by the parish where he is apprehended the same to be equally taxed by the Constables and Churchwardens two or three of the inhabitants and allowed by the J. of P. 3. Jac. 10. Any lawfully taxed for the charge of bringing a prisoner to the goal and refusing to pay it Constable or other officer of the parish by warrant from the Iustice of Peace that committed him may levie the same by distresse and after apprizement by foure of the parish sale of the goods giving the owner the overplus 3. Jac. 10. Default in action for a distresse taken by force of the statute of 3. Jac. 10. may plead not guiltie and give the speciall matter in evidence and upon recoverie or non-suit shall have treble damages 3. J. 10. Prisoners discharged by Iustices of Peace who take the enditement to be void may be stayed if they change their opinion before judgement Lam. 540. Privie Sessions vide Sessions Processe Processe hath the name because it proceedeth or goeth out upon former matter either originall or judiciall Lam. 519. Suggestions and informations whether by word or writing are but to stirre up the Iustices to commend the cause to the Inquest and not to award processe upon them Lam. 509. unlesse it be certain causes where it is especially given them by statute ibid. Authoritie to make processe upon enditements is given to the Iustices by words of their commission or by implication where the power of hearing and determining is given by their commission Lam. 520. No processe plea or suit is to be discontinued by making a new commission of the Peace 11. H. 6. Ed. 6. 2. Lam. 520. Processe upon all enditements of trespasse against the Peace or upon speciall statute is Venire facias and if he be thereupon returned sufficient then a Distringas infinâ—…è if he be returned nihil habet then Capias alià s pluries Exigent Lam. 522 523. Processe upon the statute of unlawfull games liveries maintenance archerie c. Venire facias Capias Exigent 33. H. 8. 10. Quaere it not repealed by 37. H. 8. 7. Lam. 523. Processe upon the statute of victualls attachments Capias Exigent Lam. 523 524. Processe upon depraving the Sacrament is two Capias Exigent Capias ut legatum and may be sent by any three Justices into any shire Lam. 524. Justices of Peace may award processe into a forrein county against an accountant for money levied for making a goal 23. H. 8. 5. Elis 4. Lam. 6. 25. Iustices of Peace where the servant departed may award a Capias to the Sheriffe of the shire whereinto he departed returnable before themselves 5. Elis 4. So where a decayed bridge is in one countie and the partie or land chargeable in another countie 32. H. 6. 5. Lam. 525. One indicted of treason or trespasse in one countie is imprisoned in another Iustices may award Habeas corpus to remove him before themselves Lam. 526. Processe upon indictment of felonie may be sent into any forrein countie 5. E. 3. 11. Lam. 528. Processe upon indictment of felony is two Capias and an Exigent 23. E. 3. 14. Lam. 527. Enditement of treason felonie or trespasse in one countie nameth the endited to be in another the first processe shall go into the countie where he is indicted the second to the countie where he is named to be returnable three moneths after and if he be not to be found there then that Sheriffe to make proclamation at two Countie Courts before the Iustices of the countie when the indictment is at the day in the Capias and if he appeare not an Exigent to be awarded 8. H. 6. 10. Lam. 525 526. The two Iustices of the Peace which have the oversight of the amerciaments upon suggestion may make processe as in the trespasse against the offenders of that statute to answer before them 11. H. 7. 15. Lam. 360. No processe is to be awarded by the Iustice after outlawrie but they are to certifie the outlawrie into the Kings Bench. Lam. 523 524. Processe upon informations must be such as the statute whereupon they are grounded do appoint Lam. 528. The Sheriffe or his minister that hath arrested or caused any fine ransome or amerciament to be levied by reason of indictment or presentment at the Sheriffes turn or law day without processe from the Iustice loseth 40 pound 1. E. 4. 2. Lam. 45. Informations made in the Sessions that an alehouse keeper hath done any thing whereby he hath forfeited his recognizance the Iustice of Peace may award processe against him to shew cause why he should not forfeit his recognizance Lam. â—… but quaere what processe Processe cannot be awarded by the Iustice of Peace upon any forfeited recognizance except alehouses but he must certifie them to the higher Courts Lam. ibid. Iustices of Peace where the servant departed may award a Capias to the Sheriffe of the shire whereinto he departed returnable before themselves 5. Elis 4. Lam. 525. Proclamation Justices of Peace cannot acquit felons by proclamations or without sufficient requitail and if they cannot endite them they must remain till the goal-delivery Lam. 549 550. The form of proclamations to remove a force upon a writ upon the statute of Northampton vide Lam. 168 169. Dal. 46 47. Constable if any affray be dangerous may make proclamation Lam. 132. Dalton makes quaere 28. One Justice of Peace may make a proclamation in the Kings name to stay a riot Lam. 183. Quaere for the statute 1. M. 12. d. 1. Elis are expired Iustices of Peace at every Sessions
recognisance ex officio to appoint or allow the number of the sureties their sufficiency in goods and lands the summe of money and how long he shall be bound Dal. 141. Lam. 100. If a Justice of Peace be deceived in the abilitie of the sureties he may compell the partie to put in another Lam. 101. Recognisance of the Peace without expressing in the condition that it was for keeping of the Peace seemeth void Lam. 103. Dal. 142. So it is if a recognisance be that a recogniser shall not maim or beat A without expressing keeping the peace Lam. 103. Dal. 142. Recognisance comprehending no time of appearance but generally to keep the peace is good Lam. 103. Dalt 144. Recognisance for the peace upon a supplicavit is not of necessitie to be returned untill certiorari Lam. 109. Dalt 144. Recognisance taken to keep the peace against one especially quaere if it be good Lam. 104. Dal. 143. Recognisance taken ex officio may be removed by Certiorari Lam. 109. Dal. 145. Recognisance not forfeited is discharged by the death of the King the cognizer or the partie suing for it if it were against him alone Lam. 113. The sureties dying the recognisance is good against the executours Lam. 113. Recognisances taken are to be certified notwithstanding the death of the King Lam. 113. or of the recognizer or of the partie at whose suit it was granted Lam. 113. The recognisance being forfeited the Justice shall in discretion require new sureties or commit him to prison Lam. 114. Recognisance of the Peace brought into the Custos Rotulorum and not pursued may be called upon for the King by the Clerk of the Peace ibid. Justice of the Peace cannot award processe upon a forfeited recognisance but it must be certified into the higher court except recognisance for alehouses Lam. 589. Dal. 144. Cro. 167 and the cause of the forfeiture Dal. 172. Recognisances or examinations taken concerning suspects or felons are to be certified at the next generall goal-delivery 2. 3. P. M. 10. Lam. Recognisances taken by a Iustice of Peace ex officio are to be brought into the Custos Rotulorum at the next generall Sessions Lam. 109. Dal. 144. Cro. 139. a. but no pain by the statute of 3. H. 7. 1. if he do not None but the King can pardon a recognisance once forfeited Lam. 113. Reconciliation vide Treason Records Records be nothing else but memorials or monuments of things done before Judges that have credit in that behalf Lam. 63. If a record say any thing no man shall be received to averre or speak against it Lam. 63. The Judges may correct or amend any record in the term wherein the record is to be made but after they have no power at all over them Lam. 64. Dal. The record or testimonie of a Justice of Peace is in some cases of greater force then an enditement of a Iury and against it the partie shall not be admitted to traverse Lam. 65. Embezelling of a record is felonie but not to be dealt withall by a Iustice of Peace Lam. 231 549. Precepts for suretie of the Peace speciall records for conviction of forcible entries made out of the Sessions are not records of Sessions Lam. 389. Records of causes determinable at the Sessions taken by the Iustices of Assize at their goal-deliverie as Iustices of Peace are to be left with the Clerk of the Peace to be brought to the next Sessions of the Peace Lam. 391. One pleadeth a record before other Iustices by way of justification the Iustices ought to give him day to bring in the record Lam. 523. A Justice of Peace upon a Commission being convicted by oath of twelve men of embezelling wilfull rasing of an enditement or maliciously inrolling that for an enditement which was not found or changing an enditement of trespasse into an enditement of felonie loseth his office and shall be fined and imprisoned according to his offence Recusants Wilfully absenting themselves from Church 12 moneths contrary to 1. Elis 2. and convicted being of 16 yeares of age are to be bound to the good behaviour upon certificate of one Iustice of Peace to the Kings Bench 1. Elis 2. besides other penalties 23. Elis Dalt 80. Every Iustice of Peace may give notice to any person to forbear to receive or keep such as shall obstinately refuse to come to the Church by the space of a moneth 35. Elis 1. Heir of a Recusant being a Recusant at his ancestours death conforming himself and taking the oath of supremacie made 1. Elis before the Archbishop or Bishop of the Diocesse shall be free from penalties for the recusancie of his ancestour 1. Jac. 4. Heir of a Recusant being under 16 yeares at the death of his ancestour at or after 16 yeares becomes a Recusant he is not to be freed of his ancestours penalties for recusancie till conformitie as afore said 1. Jac. 4. Two parts of Popish Recusants lands being seised for payment of 20 pound a moneth the third is not to be charged with it but is to descend to his heir and the two parts to remain in the Kings hands till he be satisfied thereof both for the ancestour and heir 1. Jac. 4. Any sending his children beyond the seas out of the Kings dominions to any religious house to be instructed or strengthened in Poperie loseth 100 shill and the person so going or being there and not returning in one yeare is disabled to inherite purchase or take any lands or goods in his Majesties dominions till conformitie 1. Jac. 4. Estates in trust for benefit of any sent beyond the sea to any religious house to be instructed in Popery are void 1. Jac. 4. Forfeitures upon the statute of 1. Jac. 4. against Popish Recusants half to the King and half to the suer in any the Courts of record at Westminster by action of debt c. 1. Jac. 4. Popish Recusant conforming himself in coming to Church according to the law and after convicted for nor receiving the Sacrament once every yeare loseth for the 1 yeare 20 pound for the second yeare 40 pound for the third yeare 60 pound And if after conformitie in receiving the Sacrament he offend therein he loseth for every offence 60 pound one moytie to the King the other to the informer to be recovered in any of the Kings Courts at Westminster or before the Iudges of Assize or Iustices of the Peace at their Qu. Sessions by action of debt c. 3. Jac. 4. Lam. 418. Constables and Churchwardens or for want of them the high Constable once every yeare are to present the monethly absence of Popish Recusants from Church with the names of the servants and children above 9 yeares old or lose 20 shill for every offence and upon their conviction to have 40 shill out of their goods 3. Jac. 4. Clerk of the Peace is to record the presentment of Constables and Churchwardens for monethly absence from Church without fee or loseth 40. shill
void 3. Jac. 5. Penalties upon the statute of 3. Jac. 5. against Recusants to be recovered in any his Majesties courts of record by action of debt bill plaint or information without â—ssoin protection or wager of law 3. Jac. 5. Married woman under Baronesse convicted of not coming to Church who doth not within three moneths after conform her self to be committed by two Justices of the Peace one being of the Quorum untill conformitie unlesse her husband pay 10 pound a moneth to the King or the third part of his lands 7. Jac. 6. The penaltie of 12 pence and of 20 pound a moneth shall be both of them payed by a Recusant convict Dal. 104. Cook 11. 63. b. Two Justices of the Peace may require a convicted Recusant of small abilitie who repaireth not to the place of his dwelling or place of his birth there to notifie himself to the Minister and Constables according to the statute of 35. Elis or afterwards remove 5 miles from the same if upon apprehension he conform not within 3 moneths to abjure the realm and assigne him his time and haven 35. El. 2. Dal. 8. The form of the oath You shall swear you shall depart this Realm of England and all other his Majesties dominions and that you shall not return hither or come again into any of his Majesties dominious without license of our soveraigne Lord the King or of his heirs so help you God Dal. 107. Stam. 119. Every such Recusant that refuseth to abjure or after abjuration doth not within the time appointed go to such haven and depart or after such abjuration returneth without his Majesties speciall license in every such case shall be adjudged a felon 35. El. 2. Dal. 108. Lam. 419. The Justices of Peace before whom such abjurations shall be made must presently cause the same to be entred at the next generall goal-deliverie in the said countie ibid. The Bishop of the diocesse or any one Justice of Peace or Minister of the parish where such convicted Recusant shall be may require his submission ibid. Justices of Peace at their Quarter Sessions may require heare and determine of all Recusants both for not coming to Church and not receiving the Sacrament according to law as J. of Assize and goal-deliverie may do and at the Sessions in which such enditement shall be taken make proclamation to render their bodies to the Sheriffe and before the next Quarter Sessions at which if the offender make not appearance of record it shall be a conviction 1. Jac. 4. Lam. 616. Regratour Regratour is he that buyeth live or dead victualls tallow or candles in the market and selleth the same there or within 4 miles â—3 El. 25. Lam. 450. Release Iustice of Peace compelleth one of his own motion to give suretie of the Peace untill a certain day he may by like discretion release it before the day Lam. 110. Dal. 146. Cro. 139. b. Partie bound generally to keep the Peace without any day limited it is for life and no man can release it Lam. 110. Dal. 146. Cro. 142. b. Recognisance is taken at the suit of 〈◊〉 to keep the Peace against him onely A may release it before the same Iustice or any other that will certifie it Lam. 110. Dal. 147. Cro. 139. b. 169. a. That release being certified at the next Quarter Sessions will discharge the partie bound of his appearance so that he shall not be called upon for his recognisance Dal. ibid. Recognisance is taken versus cunctum populum praecipuè versus A yet A may release it before any Iustice tamen quaere Lam. 110. Dal. 147. Cro. 142. b. Recognisance is taken by discretion or upon suit the King cannot release or pardon it before forfeiture Lam. 111. Dal. 147. Cro. 140. b. 141. a. The Peace being released the recognisance must not be cancelled but certified at the Sessions with the release lest peradventure the Peace was broken before the release made Lam. 111. Dal. 144. Cro. 1. Whether the good abearing taken upon complaint may be released by any speciall person quaere Lam 133. Dal. 163. Neither the Iustice of the Peace nor the partie can discharge the recognisance of the Peace by the release out of the Sessions for first the recognisance is made by the King and therefore none but the King can release or discharge it Secondly the recognisance is taken for the parties appearance and the release cannot discharge the appearance Dal. 175. The appearance is requisite notwithstanding any release made first for the safetie of the recognisance secondly that others may object in open Sessions if he have broken the Peace that he may be endited thereupon Dal. 176. F. contra Comp. 139. b. If the Iustices of Peace at the Sessions do certifie the release by this the obliged is discharged and shall not be called upon for his recognisance nor his default recorded for the principall cause of the recognisance was the keeping of the Peace the which is discharged by the release which is certified at the Sessions and then the appearance is but accessarie to the same and the intent is onely that then he should finde new suretie if the partie will not release and this is the common usage Vide plus Recognisance Forfeiture Religious houses The owner of the site of a religious house dissolved must keep a continuall house there or lose 20 nobles a moneth to be enquired of at the Quarter Sessions 27. H. 8. 22. 5. El. 2. Lam. 471. Replevin vide Bailment Rescous of a Felon Rescous is to help a prisoner to get away and if it be a felon it is felonie Lam. 229. Dal. 238 239. Rescous of a felon before arrest is no felonie otherwise after arrest Lam. 230. Dal. 229. Quaere Rescuing a prisoner going to the gallows is felonie Dal. 229. A warrant being granted by a Iustice of the Peace for unlawfull hunting of deer or conies to make rescous thereupon is felonie Dal. 57. Rescous against an officer or person authorised to execute the statute of 39. El. 4. loseth 5 pound and is to be bound to his good behaviour Dal. 101. Restitution of Possession None shall have restitution but such as are put out of house or land Dal. 171. 183. Cro. 162. b. Lam. 153. If it be found upon enquirie that any have entred or held with force contrarie to the statute 8. H. 6. 9. the Iustice of Peace may reseise and put the partie so put out in full possession Dal. 182. Cro. 161. b. The Iustice of Peace needeth not to stay or stand upon the right or title of either partie Dal. 183. Cro. 161. b. 164. a. No restitution is to be made where there was onely a possession in law Lam. 153. In a restitution it is not enough that the putting out be found unlesse the enditement do also contain in it adhuc extra tenet Dal. 183. Cro. 163. b. Lam. 153. Restitution ought to be made to none other then the partie put
Clerks or any other â—…edling with returning of writs or execution of processe into any Court of record So of Bayliffes any of them executing their office before such oaths taken lose 40 pound 17. Elis 12. Lam. 356. 431. 433. Undersheriffe or his Clerk or deputy doing any thing against their oath lose treble damages to the party Lam. 433. Unlawfull Games Every Iustice of Peace may enter into any common place where any playing at dice tables cards bowls coâ—…s cayls tennis casting the stone football or other unlawfull game now invented or hereafter to be invented shall be suspected to be used and may arrest the keeper of every place and may imprison them untill they finde sureties by recognizance no longer to use such house gaâ—…e play alley or place 33. H. 8 9. Lam. 191. Dalt 4â— Cro. 79. 131. a. 196. a. 197. b. Lam. 349. 479. Iustice of Peace may arrest and imprison such players till they be bound no more to play at such game Lamb. 192. Dalt 48. Cro. 172. a. b. Lam. 349. 479. Artificer of any occupation or any husbandman apprentice labourer servant at husbandry journey-man servant of artificer mariner fisherman waterman or servingman other then of a Nobleman or of him that may dispend 100 pound by the yeare playing within the precinct of his masters house shall not play out of Christmasse at any unlawfull game or in Christmasse at any unlawfull game or in Christmasse out of the house or presence of his master 33. H. 8. 9. 12. R. 2. 7. 10. Lam. 479. 17 shill 8 pence every time Quaere if other games besides those prohibited 33. H. 8. 9. he unlawfull as the morrice other open dances bearbaytings common playes which seem to be prohibited by 39. Elis 4. Dalt 48 49. All offences against the statute of unlawfull games may be heard and determined at the Quarter Sessions Assizes or leet within which they shall happen Vide plus Sunday Unlawfull assemblies An unlawfull assembly is of the company of 3 or more persons disorderly coming together forcibly to commit an unlawfull act as to beat a man or to enter upon his possession or the like Lam. 275. Dalt 191. Cro. 68. b. P. R. 25. First An unlawfull assembly it is onely to meet to such a purpose though they willingly depart without doing any thing Secondly after meeting to move forward towards the executing of such act whether it be done or no is a Rout. Thirdly to execute such thing is a Riot Dalt 191. Lam. 175 176. In an unlawfull assembly Rout or Riot two things are common and must concurre first that three persons at least be gathered together secondly that their being together breed some apparent disturbance of the peace either by speech shew of armour turbulent gesture or actuall and expresse violence to affright peaceable men or imbolden light and busie bodies by their examples Lam. 176 177. There be three degrees of seditious and riotous assemblies the first from three to twelve the second of 12 or more the third of 40 and upward Lam. 183. 1. Elis 17. Iustice of Peace may at his discretion assemble subjects to take such and may take them and shall be unpunished for hurting maiming or killing them if they make resistance Lam. 184. Iustice of Peace is to take the declaration of any person that being moved to such an assembly will within 24 houres after reveal the same Lam. ibid. Vide Forcible Entry Riots Usury Corruptly to contract for more then 8 pound in the hundred for forbearance for one yeare loseth treble value of the moneys wares merchandise and other things so lent bargained sold exchanged or shifted 21. Jac. 17. Scriveners taking above 5 shill for procuring 100 pound and a bond 12 pence forfeit 20 pound ibid. Utlawry Offenders against the Peace for conspiracies and of Routs in presence of the Iustice or in affray of the people being indicted thereof if they be not brought in by attachment or distresse for insufficiencie are to be outlawed 1. Ed. 3. 5. Lam. 522. After Utlawry the Iustice of Peace can award no processe but must certifie the Utlawry into the Kings Bench. Lam. 521 522. One Utlawry of felony before a Iustice of Peace doth appear and saith he was in the Kings service beyond sea under-such a Captain or in prison in such a County the Iustice cannot write to the Captain or County Marrow Lam. 552. Wages RAtes of wages of servants and labourers are to be made by the Iustices of Peace at Easter Q. Sessions and by them to be ingrossed in parchment under their hands and seals and after it shall be lawfull for the Sheriffe of the said county to cause proclamation to be made of the severall rates so rated in so many places of their severall authorities as to them shall seem convenient and as if the same had been set down by the Lord Chancellour or Keeper after declaration thereof to the Kings Majest and certificate thereof into the Chancery 1. Jac. 6. 5. Elis 4. 39. Elis 12. Any giving wages contrary to the rates appointed and proclaimed loseth 5 pound 5. Elis 4. 1. Jac. 6. Lam. 474. Every Iustice of Peace not having lawfull excuse testified by oath of one that is in subsidy 5 pound c. that shall not assemble at Easter-Sessions to rate the wages of servants c. shall lose 10 pound 5. Elis 4. Lam. 632. Any having authoritie by 5. Elis 4. to rate wages may rate the wages of labourers weavers spinsters and of any working by day week moneth or yeare or by great 1. Jac. 6. No penalty for not certifying the rates of wages into the Chauncery according to the statute of 5. Elis 4. if they be daily proclaimed 1. Jac. 6. Rates of wages ingrossed in parchment are to be kept by the Custos rotulorum if in a corporation amongst the records thereof 1. Jac. 6. Any two Iustices of Peace may imprison without bayl the master for 10 dayes for giving and the servant workman or labourer for taking greater wages then are assessed by the Iustices of Peace and proclamation thereof made in that county 5. Elis 4. Dalt 611. Every retainer promise or payment of wages or other thing whatsoever contrary to the true meaning of â— Elis 4. and every writing and bond for that purpose is utterly void Dal. 61. Iustice of Peace may have his action of debt against the Sheriffe for his wages at the Sessions Cro. 177. a. Iustices of Peace shall be paid their wages out of the fines amerciaments of the same Sessions and they ought to assesse the fines in the Court and then the Clerk shall indent the estreats betwixt the Iustices and Sheriffe and the Iustices shall put their names thereto to the end the Sheriffe may know to whom to pay wages and levy the same to pay to the Iustice whereupon the Sheriffe shall be allowed the same upon his accompt in the exchequer 14. R. â— 11. Cro. 177. Lam. 58. Wainlings
Any killing any wainling Calves under â— yeares old to sell lose 6 shill 8 pence for every offence determnable at the Q Sessions 24. H. 8. 9. 1. Jac. 25. Lam. 453. 607. Wait-lying Lying in wait to maim or kill any other is to be fined Lam. 446. Warrants The Iustice of Peace his command by word of mouth is in some cases as strong as his precept in writing Dalt 287. As a Iustice of Peace seeing a Riot may command the Riotters to be arrested and cause them to finde sureties for their good behaviour Dalt 187. So upon affray assault threatning or any other breach of the Peace be may command the officer being present to arrest such offenders to finde suretie for the Peace Dalt 287. But for causes out of his presence one may not arrest another upon the Iustices command but by precept in writing Dalt 287. A warrant in writing must be under the Iustices hand and real or under his hand at least Dalt 287. Lam. A warrant for the Peace or good behaviour must contain the speciall matter Dalt 287. A warrant for treason murder or felony or other capitall offence and such like need not contain the speciall cause Dalt 288. Cro. 148. A warrant is better if it contain and beare the date at the place where it is made the yeare and day when it was made Dalt 188. Cro. 74. â— Iust of Peace being out of the county grantetâ— his warrant to be served in the county the officer must carry the party before some Iustice of Peace within the county Dalt 288. Lam. Iustice of Peace may make his warrant to come before himself yet upon a warrant for the Peace the usuall manner is otherwise Dal. 288. 136 137. In some cases a Justice of Peace may grant his warrant to attach the offender to be at the next Sessions of the Peace to answer his said offence Dal. 288. Justices of Peace in divers cases as the case shall require may grant their warrant for the parties neglect or other default and such warrant may be either to attach him to be at the next Sessions there to answer c. or to bring the offender before the said Iustices or any other Iustice c. who finding cause to binde him may binde him to the next Sessions to answer the said defauit Dalt 189. Vide Dal. 126. Where the statute giveth authoritie to the Iust of Peace to cause another to do a thing they have power of congruitie to grant their warrant to bring such persons before them that so they may take order therein Quaere Dalt 284 289. A Justice of Peace maketh a warrant beyond his authoritie it is not disputable by Constable or other inferiour officer but must be obeyed Lam. 65. Dalt 6 209 292. But if the Iustice make a warrant to do a thing out of his jurisdiction or in a cause wherein he is not Iudge if the officer execute the warrant he is punishable Dal. 294. Cro. 147. b. Dalt 6. Lam. 91 92. Warrant for the Peace may be directed to any indifferent person by name though he be not officer yet it is better to a known officer Lam. Dal. 290. Cro. 147. A sworn and known officer need not to shew his warrant but the servant of the Iustice must shew it if it be required Dalt 291. Lam. 89. Cro. 148. a. A warrant directed to the Constable and to a stranger joyntly and severally and executed solely by the stranger is good Dal. 291. Cro. 147. b. Warrant directed to two joyntly to arrest another may be executed by one of them Dalt 291. Lam. 89. A warrant being directed by a Iustice of Peace to the Sheriffe he may by word command any sworn or known officer under him without precept in writing Dalt 291. Lam. 89. If a Iustice of Peace his warrant be directed to the Sheriffe Bailiffe Constable Iustices servant or other to arrest one such person must serve it himself Dalt 291. Lam. 89. He to whom any warrant shall be directed must do it with all secrecie and speed Dalt 295. A known officer must if he will not shew his warrant upon arrest declare the contents of his warrant Dal. 291. Upon arrest in the Kings name the partie arrested ought to obey Dalt 291. for if he have not lawfull warrant the partie grieved may have his action of false imprisonment Dalt ibid. Another officer arresting a man doth afterwards procure a warrant this is a wrongfull arrest Dal. 291. Lam. 90 91. The officer having a warrant for the Peace or good abeating may break open the doores Dalt 29â— Cro. 170. b. One is arrested who upon promise to come again is let go and cometh not again the officer cannot arrest him by force of his former warrant except he prosecutes him with fresh suit Dalt 292. An Officer having a lawfull warrant to arrest another is resisted or assaulted by the partie or my other person the Officer may justifie the beating or hurting such person Dalt 292. Lam. 92. If any abuse the warrant as by casting it in the dirt or treading it under his feet he shall be endited and fined for it is the Kings processe Dal. 292. Cro. 149. a. Quaere whether he shall not be bound to his good behaviour Dal. 292. Before that a Iustice of Peace grant his warrant to arrest one for murder or felonie it is meet to examine the partie that requireth the warrant upon oath and to binde him to give evidence at the next Goal-deliverie Dal. 292 293. Warreners vide Forresters Watches Any Iustice of Peace may cause night watches to be kept for the arresting of nightwalkers and persons suspect be they strangers or others of evil fame Dalt 113. Watch is to be kept yearly from Ascension day till Michaelmasse in every town from sunne setting untill sunne rising Dalt 113 223. All strangers or persons suspected passing by the watching men may be examined by them and if there be cause of suspicion they may stay them if they will not obey may levie hue and cry and may justifie to beat them and may stock them till morning and if they finde no cause of suspicion deliver them but if they finde cause may deliver them to the Constable to carrie them before a Iustice of Peace Dal. 113 257. Any Iustice of Peace may cause all night-walkers strangers or others suspected especially such as sleep in day and walk in night to be arrested and such as in the night haunt any house suspected of bawderie or use suspicious companie or commit other outrages or misdemeanours and cause them to finde sureties for their good behaviour Dal. 66. Lam. 118 119. No man is compelled to watch unlesse he be an inhabitant in the town Dalt 141. edit 1626. Watermen Every Iustice of Peace within the shire next adjoyning to the river of Thames within his jurisdiction hath power upon complaint by the overseers or rulers of the watermen and wherry-men or two of them or by the
party is or was Lamb. 462 490. What not Of the place whereof he is person without naming the place of his abode Lamb. 463 430. Affray and Affrayes An affray may be without word or blow as to be armed with armour or weapon not usually born Lamb. 118. Dal. 28. Lamb. 126. Constable or other officer may lay no hands on any intending to make an affray till weapon drawn or offer of blow Lamb. 124. Dal. 29. Lamb. 132. Vide plus Constable Affrayer may be commanded by the Constable or other officer to avoid upon pain of imprisonment and if the affray be great they may make proclamation and command the parties to prison for a small time whom he must deliver without fine Lamb. 124. Dal. 28. Lamb. 132. Every private man present at an affray assault or battery may part them stay them that come to the affray with weapon stay the affrayers till the heat be over and then deliver them to the Constable but may not commit them unlesse one of the affrayers be in perill of death and if he flie into a house upon hue and crye break and open the house and take him Dal. 28. Lamb. 130 131. Cro. 146. a. Agnus Dei Crosses Beads Pictures c. If any person to whom any of these or any other superstitious things from the See of Rome or authoritie thereof be offered do disclose the name dwelling or place of resort of such officer or deliverer to any Iustice of Peace of the same shire the same Iustice must within fourteen dayes next after declare the same to some one of the Privie Councell on pain of Premunire 13. El. cap. 2. Dal. 80. Vide plus Treason Misprision and Premunire Alehouses Two Iustices one being of the Quorum may license one to keep a common Alehouse taking bond with good suretie for good rule to be kept in his house 5. Ed. 6. cap. 25. Twelye pence is given to the two Iustices of Peace for taking a recognizance of hun that is allowed to keep a common Alehouse 5. Ed. 6. cap. 25. Lamb. 356 370. Condition of a recognizance for an Alehouse Lamb. 344 354. He that keepeth an Alehouse of his own authoritie without license of two Iustices one being of the Quorum or after prohibition of two such Iustices may by two such Iustices be committed to prison for 3 dayes without bayl and till he be bound with two sureties to keep none after Dal. 26. Lamb. 340. Vide stat 3. Car. 3. Information of the offence and recognizance taken by two Iustices one being of the Quorum of an Alehouse kept against the statute of 5. Ed. 6. cap. 15. is a sufficient conviction without further tryall at the Sessions and they may assesse the fine of 20 shill without making processe against the offender Lamb. 539 552. Lamb. 572. Information made in Sessions that an Alehouse-keeper hath done an act whereby he hath forfeited his recognizance they may award processe against him to shew why he should not forfeit his recognizance Quaere what processe Lam. 495 499 524 529. Enquire whether Alehouse-keepers having forfeited their recognizance ought to be at the Q. Sessions 5. Ed. 6. 25. Fines imposed by the stat of 5. Ed. 6. cap. 25. concerning Alehouses cannot be altered by the Justices of Peace 5. Ed. 6. 25. Lamb. 545 578. Justices of Peace must certifie the recognizance taken for Alehouses at the next Q. Sessions after they are taken or lose 5 marks 5. Ed. 6. cap. 25. Any directly or indirectly selling Ale or Beer unto any Alehouse-keeper not licensed more then for his necessarie provision for his houshold shall lose after the rate of 6 shill 8 pence for every barrell for the levy and disposall of the penaltie See Victuals 4. Jac. 4. Alehouse-keeper or Inne-keeper suffering any tipling contrarie to the 2. Jac. cap. 9. 21. Jac. 7. forfeiteth 10 shill and every such tipler 3 shill 4. pen. for non abilitie of payment the Alehouse-keepers c. to be committed to the Goale till the penaltie be payed 2. Jac. the tipler to the stocks for 4 houres 4. Jac. Dal. 24 25. 1. Car. 4. Justice of Peace hath power in those cases to minister an oath to witnesses 1. Jac. 9. 21. Jac. 7. The Constables and Churchwardens neglecting to levie or to certifie the cause thereof by 20 dayes to the Justice that granted the distresse do forfeit 40 shill in default thereof to be sent to the Goale 1. Jac. 9. Dalt 25. Crom. 78. 2. Alehouse-keepers and Inne-keepers ought to lodge travellers Dal. 25. 1. Alehouse-keepers are disabled to keep Ale-house 3 yeares if they suffer tipling 2. If they sell not a quart of the best and 2 quarts of small beer or ale for a peny 3. If they be convicted by Indictment at the Assizes Sessions or Leet for being drunk 4. Jac. 10. or before one Justice upon oath of one witnesse 21. Jac. 7. continue drinking in another Alehouse 7 Jac. 10. 4. Jac. Dal. 27. Vide plus Victuallers Confession If any unlicensed Alehouse-keepers be convicted by the view of any Justice of the Peace confession of the offender or oath of two witnesses he loseth 20 shill to the use of the poore of the parish to be levied by way of distresse by warrant from the Justice of Peace convicting and within 3 dayes to be sold 3. Car. 3. Where there is no sufficient distresse or non payment within six dayes after conviction the offender is to be openly whipped as the Justice of Peace shall limit 3. Car. 3. The Officer refusing or neglecting to execute the Justice his precept is to be committed to the Goale untill he do or procure the offender to be whipped or pay 40 shill to the use of the poore of the said parish 3. Car. 3. The second offence is commitment to the house of Correction for a moneth ibid. The third offence is to remain in the house of Correction till he be delivered at the generall Sessions ibid. He that is punished by the act 3. Car. 3. not to be punished by the statute 5. Ed. 6. 25. Alias dictus vide Enditement Alien and his triall vide Triall Alleagiance vide Supremacie Amerciaments The owner of a beast knowing it to be harmfull and not restraining it whereby it killeth one is to be arraigned for his death and amerced for the King Lamb. 239. Dal. 210. Cro. 24. 6. Offenders in gathering more amerciaments then are in their lawfull estreats to be convicted by two Justices one to be of the Quorum appointed by the Custos Rotulorum or in his absence by the eldest of the Quorum for the oversight of the Sheriffes 11. Hen. 7. cap. 15. Estreats of amerciaments must be by Indenture between the two Justices appointed for oversight of Sheriffes books and the Sheriffe or Under-Sheriffe under their seals or else the Sheriffe to lose 40 shill 11. Hen. 7. cap. 15. No amerciament for default of appearance when the Sessions are not summoned by precept Lam.
Dal. 274. Cro. 154. a. For what offences a man is not baylable by a Justice of Peace A Justice of Peace is not to bayl but in causes which he may heare and determine Dal. 276. Lam. 340. Murder or any other homicide Dal. 272. Confessing the fault of manslaughter ibid. Lam. 34. Taken in the manner for killing ibid. Known to have killed a man By the King or his privie Councell 27◠By the absolute not ordinarie command of the Kings Justices ibid. For trespasses in the forrest West 1. cap. 15 Confessing the felonie whereof he is accused Imprisoned for suretie of the Peace 23. Hen. 6. Lam. 346. Speciall commandment of any Justice 23. H. 6. Lam. ibid. Where Baylment is taken away by statute vide Dal. 276. Lam. 340. Lam. 349. For what offences a man is baylable Taken for light suspicion Dal. 274. Indicted of pettie larcerie not being formerly guiltie of another ibid. Charged 1 With the receipt of thieves of felons Dal. 275. 2 Of commanding force or aid ibid. 3 With the trespasse that toucheth not losse of life or member Dal. 275. west 1 15. if not prohibited by some latter statute appealed by an Approver being no common thief nor defamed after the death of the Approver Dal. 276. Indictment of manslaughter and acquitted Lam. 347. Arrested by force of any writ bill or warrant in any action personall or upon any indictment of trespasse Dal. 276. Acquitted of murder or manslaughter at the Kings suit baylable during the yeare 3. H. 7. cap. 1. Lam. 347. Imprisoned by proces out of the Sessions upon penall laws not forbidding bayl baylable out of the Sessions by two Justices one being of the Quorum Dal. 275. Lam. 348. Accused of homicides which are not felonie Accessarie to felonies Dal. 275. If they be found of good same untill the principall be convicted or attainted but after the principall is attainted he is not baylable except he plead not guiltie or other plea. Dal. ibid. Principall in burglarie Dal. ibid. Principall in an indictment of robbery Dal. ibid Principall in an appeal of robberie Dal. ibid. Attached by Sessions proces upon indictment of trespasse may be bayled by one Justice of Peace to appeare at the day to answer the indictment and may make his supersedeas cap. indict and so of the exigent Dal. 276. In every baylment which must be by two Justices one of them being of the Quorum the Justices must be present together at the time of the baylment who before bayl taken must examine the prisoners and receive the information of them that bring them all which with the baylment they must put in writing signed or subscribed with their own hands and certified at the next Goale-deliverie to be holden in the countie 1 and 2. P. M. cap. 13. Dal. 259 271. The said Justices have authoritie to binde all persons that can evidence to appeare the next Goale-deliverie to give evidence against the partie at the time of his triall Dal. 259. Some stat not onely take bayl from the offenders thereof upon their solemne conviction after judgement but also upon the record of one or two Justices or by examination or proof of witnesses or other such private triall had before them Lam. 349. for the form of baylment 31. Lam. 252. Dal. 34. The form of the liberate ibid. Bayliffes Bayliffe is punishable in false imprisonment if he compell the partie to go before any other Iustice then he chuseth Lam. 89. But now the law is adjudged to be that the Bayliffe or Constable shall chuse the Iustice Dal. 138. and Cook 5. 19. 6. Fosters case As the Bayliffe may not compell him that is arrested for suretie of the Peace to go before him that granted the warrant so it is not reasonable that the Bayliffe shall be drawn out of the division and limit where they both dwell Lam. 89 90 95. Dal. 138. A Bayliffe arrests a man without a warrant for the Peace and afterwards procures one he is punishable in false imprisonment Dal. 291 295. Lam. 85. Cro. 149. a. Lam. 90. A Bayliffe arrests one by warrant for the Peace the Iustice will not binde the partie no action lieth against the Bayliffe Dal. 1. Lam. 85 91. Two Iustices of Peace one being of the Quorū may give unto the Bayliffes of Franchises before they exercise their offices the oathes of 1. Elis of supremacle and 17. Elis touching their offices 27. Elis cap. 12. Bayliffe taking above 4 pence for an arrest is to forfeit 40 shill 23. Hen. 6. Bayliffe of the hundred that executeth not a warrant against any default in the Sheriffes court shall lose 40 shill 11. Hen. 7. cap. 15 Vide plus Warrants Bakers Vide Assize of Bread Barrettour A common Barrettour is he who is either a common mover stirrer up or maintainer of suits in laws in any court or quarrells in the countrey Dal. 31. Lam. 41. Cro. 84. and is to be bound to his good behaviour and imprisoned Lam. 418 440. Vide plus Dal. 31. Cook 8. 36. Bargain and Sale vide Inrolment Bark of Trees vide Leather Bastardie Two Justices of Peace one being of Quorum in or next to the parish where a bastard left to the charge of the parish or likely to be chargeable is born are to take order for the relief of the parish keeping of the childe and punishment of the reputed father and mother 18. Eliz. 3. 7. Jac. cap. 4. Dal. 31. The reputed father and mother not performing the order set down by two such Justices the delinquent is to be sent to the Goale without bayl except they put in sureties to perform the order or appeare at the next generall Sessions of the Peace Dal. 32. All Justices of Peace in their severall limits and in their Quarter Sessions may do all things concerning the statute 18. Eliz. for Bastardy which is limited to the Justices of Peace in severall counties 3. Car. 4. Reputed father to be bound in the good behaviour till the childe be born Dal. 31. Vide plus House of Correction If the putative father shall either before or after the birth of the childe by practise of any other convey himself away or cause the mother to runne or leave her childe such may be bound over to the next Good-delivery or Quarter Sessions Dal. 36. Edit 1626. Battery lawfull vide Ryot Assault Breach of the Peace Bath Buxton vide License Bawdery Bawdery is not meerly a spirituall offence but mixeth and soundeth somewhat against the peace Dal. 160. Lamb. 112. Lamb. 119. A Constable upon information that a woman is in adultery or fornication with a man or that a man and a woman of ill report are gone to a suspected house in the night may take company with him and if he finde them so he may carry them to prison or to a Justice to be bound to their good behaviour Dal. 160. Resorters to bawdy-houses are to be bound to their good behaviour Dal. ibid. Keepers of
the person Dal. 169. Lam. 137 146. If entry be peaceable and the detainer forcible it is punishable except quiet possession had been had for three yeares Dal. ibid. To deny a Justice of Peace to enter upon supposure of a forcible detainer is forcible detainer though it be but by one person and no weapons shewed Dal. 169. Lamb. Cro. 70. b. P. R. 4. 1. Lamb. 145. If the Justice enter and findeth any arrived or any armour or unusuall weapons lying by them or finde more then the ordinary family Dal. ibid. Lamb. 145. What shall be said a forcible detainer To enter peaceably and after to bring in more weapons or use the weapons found in the house to defend his possession or place some with weapons in a house adjoyning ready to assail the enterers Dal. 169. Lamb. 145. The disseiser forstalleth the way of the disseised with force so that he dare not come near Dal. 170. Cro. 69. Lamb. 145. To keep Cattel by force where he hath no common the Justice may imprison and fine but not make restitution Dal. ibid. Cro. ibid. P. R. 39. Forcible detainer to resist the lord in taking â—… distresse Lamb. 146. Dal. 141. Cro. 70. a. P. R. 39. To detain a house morgaged by force from the morgager is forcible detainer Dal. 170 171. What is forcible detainer by word To enter peaceably and after to threaten to kill the disseiser if he come again Dal. 170. Lamb. It seemeth to amount to a forcible detainer to threaten to maym him beat or do bodily hurt to the disseised if he come again Dal. ibid. for that death may ensue upon such beating or hurt What is not forcible detainer One entreth peaceably into a house and finding armour or weapons doth not remove them L. 145. To threaten to burn his house or spoil his goods to deny to open the doores to deny to go out Dal. 170. What is forcible detainer of rent The tenant resisteth so forcibly that the owner cannot distrain for his rent nor use his common of pasture Dal. 171. The tenant forestalleth the way by force and armes or threatneth him that hath the rent or common that he dareth not distrain or use his common ibid. The tenant maketh rescous of the distresse with force and armes In these cases of rent or common the Iustice may remove the force record it upon new imprison and fine but can award no restitution Forcible entry What persons may make a force One alone if it be with offensive weapons or turbulent behaviour to the affray of others Dal. 166 167 171. Lamb. 143. An infant of the age of 18. Dal. ibid. Cro. 69. a. and so he may though he be under 18. A feme covert may by her own act make a forcible entrie or detainer and she may be imprisoned and fined but the fine cannot be levyed on the husband ibid. Consent If one command or counsel others to a force and be present though he do nothing he is a principall Dal. 172. but if absent a disseiser Divers enter one onely committeth force all are guiltie ibid. Who cannot be put out The King cannot be disseised therefore an enditement upon the statute 8. H. 6. for the K. is not good neither can the Kings farmer prefer a bill of enditement upon the said statute but must have an information in the Exchequer Dal. 172. Cro. 69. a. Where one may hold with force Where one hath peaceably entred and after continued in quiet possession without interruption for 3 yeares together Lamb. Dal. 178. and may hire strangers to maintain his possession and have his company in armour Dal. 179. Cro. 71. but he may not resist the Iustice of Peace that cometh to view Upon enditement of forcible holding the plea 3 yeares lawfull possession next before avoideth imprisonment fine and restitution Dal. 179. But it holdeth not 1 If the entry were forcible though the holding peaceable 2 If the holding were forcible though the entry peaceable 3 If a disseiser have continued peaceable 3 yeares Quaere if he shall be helped by 8. H. 6. or 31. El. If a disseiser have forcibly continued his possession 20 yeares he may be endited upon 8. H. 6. and the Iustice may make restitution Cro. 71. a. 4 If the possession of 3 yeares have been interrupted Dal. 173 180. Cro. 71. a. Lamb. A disseiser quietly holdeth 3 yeares and after the disseiser entreth or maketh claym the disseiser reentring cannot hold with force for he is in upon a new disseising Dal. 180. A lawfull possessour after 20 yeares possession is acted he can neither reenter nor hold with force ibid. What force is lawfull Force used by the Kings Officers for the due execution or advancement of justice or of the judgement of the law as 1 To pursue apprehend and carry to prison offenders in treason felony or other great crimes 2 A Sheriffe or his officers to apprehend by vertue of the Kings writ 3 A Justice removing unlawfull entries or holding of possessions and repressing riotters Dal. 176. 4 Justice Sheriffe Constables or Coroners may use force in apprehending or imprisoning such as in their presence attempt to disturb or break the peace 5 It is lawfull by force to break open doores to arrest offenders within if the officer cannot otherwise enter Note that the officer is first to signifie the cause of his coming before he attempt to break open the doores 5. Dal. 177. as First for treason felony or suspicion of felony Cro. 170. b. 2 Where one hath dangerously wounded another Cro. 131. a. 3 An affray being in the house Cro. 146. b. 4 Upon a forcible entry or detainer found by inquisition Dal. 176. 5 Upon a capias ut legatum in personall action or capias pro fine directed to the Sheriffe Cro. 170. b. 6 Upon warrant or processe for attaching a Popish recusant excommunicate 3. Jac. 4. 7 Upon a warrant for the peace or good behaviour Dal. 176 177. but Crom. 176. b. maketh Quaere 8 Upon recovery in a reall action or ejectione firmâ but not to execute the Kings processe upon the body or goods of any person at the suit of any subject Dal. 177. 9 In all cases where the King is party ibid. 1 Forcible defence is lawfull for every man to keep his house to himself his family and goods as his castle aswell for defence against injury as for his repose Vide plus Houses 2 In defence of husband wife father mother or master 3 Father or mother in defence of the childe within age Dal. 151. 4 In defence of my goods or my land Dal. ibid. In these cases he that attempteth may be disturbed and if he attempt to assault or lame me I may beat him again aswell in defence of my person as possessions but not kill him 152. What Justices of Peace are to do in forcible entry or detainer Every Justice upon complaint or notice given ought at the cost of the party grieved to do execution
the Justices of Peace before whom it was taken into the Kings Bench within 40 dayes after if the term open if not then the first day of the next term or every J. lose 100 pound 5. Elis 1. Printer buyer seller or bringer from beyond the sea of any Popish Primer Lady Psalters c. in any language or other superstitious books in English loseth 40 shill a book whereof one part to the King another to the informer a third to the poore of the parish where the book shall be found 3. Jac. 5. Two Justices of the Peace may search the house or lodging of a Popish Recusant or whose wife is such for Popish books and reliques and finding any unmeet for them to use must deface and burn them or being of value deface them and restore them to the owner 3. Jac. 5. Poore People Traveller with wife and children not being a rogue dyeth or runneth away the Town where that happeneth is not bound to keep them nor send them away except they become wandring rogues Lamb. 208. Resol 7. Parents able to work are to finde their children by their â—…bour and not the parish Resol 8. None is to be removed out of the Town where he dwelleth or sent to the place of birth or last habitation but a vagrant nor found by the Town except he be impotent Resol 9. Persons destitute of houses by expiration of term or servants out of service must provide houses for themselves and services Resol 9. Dal. 75. Able bodies refusing to work and no wanderers are not to be sent to the place of birth or last habitation but to the house of correction Res 10. by such a Iust of P. as may appoint overseers for the poore 43. Elis 2. Dal. 71. Lamb. 209 295. Able bodies yet idle and refusing to work having any lawfull means to live by are not to be sent to the house of correction Res 10. It is fineable to remove or put any out of the parish who are not to be put out and such may be sent back Resol 11. None may take relief at any mans doore in the parish but by the appointment of the overseers nor beg in the high-wayes in their parish Res 15. Parsons vicars farmers or owners of impropriations colemines or saleable woods are to be charged with the relief of the poore Res 18 19. In default of an assesse made by the Church-wardens Constables and Parishioners of the Tax imposed upon them at the Easter-Sessions one Iustice dwelling in the parish or if none dwell there the next adjoyning Iust may rate the assesse in default of payment may levy the same by distresse Any Iustice of Peace may imprison without bayl and make sale of the offenders goods rendring to the party the overplus and in default of such distresse any Iustice of Peace may imprison without bayl such refuser untill he pay the same 43. Elis 2. Lamb. 294 295. Dal. 110. Bishop and his Chancellour and 3 I. of P. have power to examine how money for relief of the poore appointed by the statute is bestowed and to call to account the detainers thereof 14. Elis 5. 39. Elis 34. Lamb. 336. I. of P. proved before the Iudges of Assize by 2 witnesses to be in default of examination of the statute for the poore loseth 5 pound 14. Elis 5. Lamb. 372. Parents at the Q. Sessions appointed to keep their children or children their parents and have not relieved them at their own charges lose 20 shil a moneth 39. Elis 34. Lamb. 445. In disabilitie of the parish or hundred to relieve their poore the greater part of the Iustices at the Q. Sessions may rate any other parish or hundred thereto 39. Elis 3. 43. Elis 2. Lamb. 611. Beggers children at the Q. Sessions may be bound to serve any subject in an honest calling 14. Elis 5. 18. Elis 3. Lamb. 614. Performance or not performance of so much of the statute of 14. Elis 5. for the poore as is not repealed by 39. Elis 3. or 43. Elis 2. is to be yearely examined at Easter-Sessions 14. Elis 5. Lam. 620. Overplus of the stock for maymed souldiers is to be imployed by the greater part of the Iust at the Q. Sessions to such charitable uses as are set down in the statute for the poore except by them it be reserved for future pensions 43. Elis 3. Young children the parents being dead are to be set on work and relieved by the Town where they dwelled at the death of their parents and not sent to the place of their birth Dal. 75. The Iustices may compell such as be of abilitie to take poore children apprentices and may binde such masters refusing over to the next goal-delivery so said Sr. Henry Montague at Cambridge Assizes 1618. and the statute of 43. Elis 2. seemeth to warrant as much the words whereof are to this effect It shall be lawfull for the Churchwardens and overseers or the greater part of them by the assent of 2 I. of the P. to binde any such children to be apprentices where they shall see convenient cause Dal. 92 93. or the Churchwardens or overseers with the assent of 2 such Justices may impose a competent summe of money upon such refuser for putting out such an apprentice and upon refusall to levy it upon the Justâ—… of Peace his warrant by distresse and sale of the offenders goods Dal. 93. Edit 1626. If the parents without good cause shewed refuse to suffer their children to be apprentices the Justice may binde them over to answer their contempt if the childe refuse send him to the house of correction quousque c. Dal. 93. A master putteth his apprentice into apparell he cannot take it away though he part with the apprentice Dal. 93. Edit 1626. If after the death of A another man abateth or entreth into his house forcibly before the heire of A hath gotten any actuall possession indeed the heire of A shall have no restitution because he had a possession in law onely Lam. 153. Dal. 44 185. Two Justices of Peace one being of the Quorum may send to the house of correction or goal such as imploy not themselves to work being appointed 43. Elis 2. Power of the County Information of a not is a sufficient cause to raise the power of the county though indeed there were none Lamb. 315. Dal. 88 89. Cro. 62 64. b. Power of the county is raised without knowledge or information of a riot if when they come they finde one it is lawfull and they may proceed to punish it Lamb. 316. Dal. 88 89. Cro. 62 64. b. Power of the county in suppressing a riot vide Riot The Justice of Peace Sheriffe or undersheriffe in levying power of the county may have the aid of all the Knights other temporall men under this degree that are above the age of 15 and able to travell upon pain of imprisonment fine and ransome to the King Dal.
Offences upon any statute for not going to Church or receiving the Sacrament may be heard and be determined by the Iustices of Peace at their Qu. Sessions as Iustices of Assize might before 3. Jac. 4. Lam. 617. Upon an enditement for not coming to Church or not receiving the Sacrament Iustices of the Peace at their Qu. Sessions may by proclamation command the indicted to render his bodie to the Sheriffe before the next Qu. Sessions or Assizes and in default of appearance then the same to be a sufficient conviction 3. Jac. 4. Lam. 616. Popish Recusant convicted of not coming to Church according to law shall in Easter or Michaelmasse term next after the conviction pay into his Majest receit after the rate of 20 pound a moneth and so to continue without any other enditement till he conform himself and in default of payment all his goods and two parts of his lands to be seized till conformitie leaving the mansion house to the third part 3. Jac. 4. The King seizing two parts may not let it to any Recusant nor for their use and the lessee must give security to the King not to commit waste 3. Jac. 4. Enditements against Popish Recusants are not to be avoided for want of form untill conformitie 3. Jac. 4. Iustice of Peace may heare and determine all offences against the statute 3. Jac. 4. except treason 3. Jac. 4. Lam. 617. Attainder of felonie upon the statute of 3. Jac. 4. of Popish Recusants barreth not dower nor corrupteth bloud 3. Jac. 4. Any pursued for doing any thing warranted by the statute of 3. Jac. 4. may plead the generall issue and give the speciall matter in evidence 3. Jac. 4. Husband is not chargeable with the forfeiture of the wife upon the statute of 3. Jac. 4. for not receiving the Sacrament nor the wife after his death Popish Recusant convict coming to the court where the King or his heir apparant is without the Kings command or warrant in writing from the Councell loseth 100 pound 3. Jac. 5. the one half to the prosecuter Recusants convict or other forbearing for three moneths to heare divine service now dwelling in London or within 10 miles except tradesmen having no other dwelling are to depart within 40 dayes and if they come to dwell there within 3 moneths then to depart within 10 dayes after conviction and to deliver their names to the Maior of London or the next Justice of the countie or lose 100 pound 3. Jac. 5. the moytie to the prosecuter Every one not repairing every sunday to some usuall place appointed for Common prayer there to heare Divine service upon conviction within one moneth after default upon confession or oath of one witnesse one Justice of Peace may call the offender before him and if he cannot satisfie the Justice by excuse for his absence the Churchwardens by warrant from the Just of Peace may levie 12 pence for every default by distresse and sale of the offenders goods in default of distresse the Justice may commit him till he pay it which is to be imployed for the poore 3. Jac. 4. Dal. 80. They which harbour within their houses any except parents or others to whose custodie they are committed or knowing the same retain in their service any absenting themselves a moneth together from Church without reasonable excuse lose 10 pound a moneth 3. Jac. 4. The King or five Lords of the privie Councell may by writing under the hands of the privie Councell license a Popish Recusant confined five miles to travell oâ—… of his compasse for such time as is contained in the license without inserting any cause 3. Jac. 5. Popish Recusant confined to five miles informing upon oath foure Iustices of Peace that he hath necessarie occasion to travell further and that he will make no causelesse delayes they with the assent of the Bishop of the diocesse Lieutenant or his deputie under their hands and seals and specifying in their license the cause and time of travell may by license under their hands and seals give libertie to him to travell forth of his compasse all other licenses to be void and any travelling without such license not having taken such oath shall forfeit as a Recusant convicted by the statute of 35. El. 2. 3. Jac. 5. Dal. 84. Lam. 365. Statute 35. El. 2. confining Popish Recusants to certain limits is hereby confirmed and the proviso for licensing them to go beyond their limits is hereby repealed 3. Jac. 5. Popish Recusants convicted are not to practise the common or civill law nor physick nor to execute any offices places or trades belonging to any of them nor to be Minister or officer in any Court nor to have any place of command or office in warre nor any office or charge in any ship castle or fortresse of the Kings on pain of an 100 pound one moytie to the King the other to him that will sue 3. Jac. 5. Popish Recusant convicted or whose wife is a Popish Recusant during recusancie not to execute any publick office or charge in the Realm Married woman being a Recusant convicted whose husband is not convicted not conforming her self according to law forfeiteth to the King two parts of her dower and joynture and is disabled to be executrix or administratrix to her husband 3. Jac. 5. Popish Recusant upon conviction is to be adjudged excommunicate to all intents except in being able to sue for or concerning his lands and leases not seised by the King 3. Jac. 5. Recusant convicted married otherwise then by a Minister lawfully authorised and according to the orders of the Church is disabled to be tenant by courtesie or in dower or by jointure or to have widows estate or frankbank or any part of her husbands goods and marrying any by whom he is not entituled to be tenant by the courtesie loseth 100 pound one moytie to the King the other to him that will sue 3. Jac. 5. Childe of a Popish Recusant not baptized according to the orders of the Church within one moneth after the birth the father or mother if he die within the moneth loseth 100 pound whereof one third part to the King another to the poore of the parish and the third to him that will sue 3. Jac. 5. Popish Recusant excommunicated buried otherwise then according to the orders of the Church his executours or administratours knowing it or causers of it lose 20 pound one third part to the King one third part to the poore of the parish and one third part to him that will sue for it 3. Jac. 5. Popish Recusant convicted during his conviction to be from the ending of that parliament disabled to grant any advoâ—…son c. or to present or nominate to any spirituall living the same to remain to the Chancellours of the Universities according to the severall shires limited in that statute so that they present none having a former benefice with cure if they do the same to be
for such as have made an affray and binde them to the Peace 11 If one have received a wound he may binde the one and the other till the wound be cured and the malice over 12 Such as go or ride armed offensively to faires or markets or wear or carrie dags or pistols charged 13 Common Barretours 14 Rioters 15 Him that standeth bound to keep the Peace and hath forfeited his recognisance by breach of the Peace and will not be bound again till he be convicted and the forfeiture levied Dal. 129. Yet Crom. 141. saith that he may be bound anew if he be onely convict for breaking the Peace 16 Him that standeth bound if his sureties be insufficient Iustice of Peace is to send to prison him that refuseth to give sureties untill he finde sureties Dal. 129. Lam. 17 Iustice of Peace may cause one to be arrested to finde suretie of the Peace against another and grant a warrant for it for he might have bound him of his own authoritie Dal. 129. At the request of another he may command suretie of the Peace but must first take an oath of the partie that demandeth the Peace that he standeth in fear of his life or of some bodily hurt or to have his house burnt Dal. 130. Lam. Causes to procure suretie of the Peace 1 He that is threatned to be hurt in bodie as to be beaten wounded maimed or killed Dal. 130. 2 He that feareth another will beat wound maim or kill him Dal. 130. 3 He that feareth another will burn his house Dal. 130. 4 He that feareth that A will procure another to hurt him in his bodie or burn his house Dal. 130. 5 If a man lie in wait to beat kill or hurt another Dal. 130. Quaere if he threaten to burn his goods In what cases a man shall not have the Peace granted 1 To threaten and to imprison him Dalt 130. Lam. Crom. 135. Quaere tamen 2 Where one is in fear that a man will hurt his servant cattell or other goods Dal. 130. Crom. 138. a. 3 Because he is at variance with his neighbour Dalt 131. 4 Where there is no fear of present or future danger Dal. 131. Lam. 5 For a battery past yet a Iustice if he see cause may binde over the affrayers Dal. 131. Lam. Iustice of Peace may denie to grant suretie of the Peace if it be upon meer vexation yet if the partie will take his oath it is not safe to denie it Dal. 131. Against whom suretie of the Peace may be granted Against a Knight or any person under the degree of a Baron Dal. 133. Against any Ecclesiasticall person not doing divine Service in the Church or Churchyard or other place dedicated to God Dal. 133. One Iustice of Peace may grant the surety of the Peace against his fellow Iustice Dal. 133. One Iustice of Peace may demand the Peace against another man The wife may demand the Peace against her husband if he threaten to kill her or outragiously beat her or have notorious cause to fear it and the husband may crave the Peace against his wife Dal. 133 134. The Peace may be granted to a feme-covert or an infant under the age of 14 yeares if he have discretion to crave the Peace but they must be bound by sureties Dal. 134. A lunatick may crave the Peace and have it granted him Dal. 134. It may be granted against one attainted either of treason or of felonie Dalt 135. or convict of heresie Dal. 163. It may be had against an excommunicate person Dal. 135. and an abjured person ibid. It may be had against one attainted in Praemunire and against an alien either made denizon or living in England It may be had against one dumbe and blinde so against an impotent person Against whom the Peace cannot be granted 1 It cannot be granted against any Nobleman or Noblewoman Dal. 131. 2 Against one non sanae memoriae 3 Against one born dumbe and deaf or made blinde and deaf accidentally he may have understanding and the Peace may be granted to him or against him Dalt 163. How the suretie of the Peace is to be commanded and executed A Iustice of Peace may command the Peace by word and by writing By word The partie being present in the presence of the Iustice of Peace threatneth or maketh an assault or affray upon another or doth any other act tending to the breach of the Peace Dal. 136. Cro. 138. Lam. One demandeth the surety of the Peace being present and taketh his oath he is affrayed c. the Justice may command the other to finde surety Dal. 136. Cro. 138. b. Lam. The Justice in such cases may command the Constable or other known officer or his own servant being present to arrest such party to finde surety of the Peace and may commit to the Goal such party refusing to finde surety Dal. Cro. Lamb. ibid. By writing The Justice by precept or warrant in writing under his seal directed to some known Officer or other indifferent person containing the cause and at whose suit to the end the parties may provide the sureties and take them with them Dal. 136. Lam. The Justice may make his warrant to bring the party before him but the usuall manner is to bring the party before the same Justice or some of the Justices of the County Dal. 136 137. 288. Who may serve the Warrant vide Warrant The Constable is first to acquaint the party with the matter in the Warrant and if he refuse to go before the Justice to finde sureties he may arrest him and carry him to the Goal without carrying him to the Justice Dal. 137. Lam. If the party yeeld to finde suretie the Officer is not bound to go up and down with him but may keep him untill he can procure sureties to come to him if afterward he make resistance or offer to go away he may by his warrant carry him to the Goal and set him in the stocks till he can get ayd to convey him to the Goal Dal. 137. The arrest is not justifiable except the Officer do carry him to the Goal that refuseth to finde sureties Cro. 171. b. Dal. 138. The party may go before any other Justice if the warrant proceed ex officio to offer the sureties but cannot force the Officers to travell out of the division where they dwell Nay it is at the election of the officer to carry the party to any other Justice rather then to give the election to the delinquent Dal. 138. The party coming before the Iustice is to offer his sureties or else the Iustice is to commit him for the Iustice needeth not to command them Dal. 137. If the party refuse before the Iustice of Peace to finde sureties the Officer by the first Warrant may commit him Dal. 138. The Officer is fineable if he arrest the party and do not carry him before a Iustice of Peace if he be willing to finde sureties secondly if
132. a. Certiorari may command either the Record it self or the tenour of the Record Dal. 368. Cro. 13. b. Lam. 515. Certiorari is to be directed to the Iustice Lam. 545. Iustice of Peace ought upon Certiorari to remove the Record though the partie that brought the Certiorari sueth not after to have it not removed Dal. 368. Cro. 132. b. 133. Lam. 516. An indictment may be removed upon a Certiorari bearing date before the indictment was taken Dal. 369. Cro. 132. b. 164 167. b. Lam. 510. A certificate of a Certiorari ought not to omit that which did authorize the Iustice to make the Record neither ought they to certifie more then the Certiorari warranteth them Lam. 516. If the Certiorari varie from the Record the Iustice need not to certifie Dal. 368. Cro. 132. b. A Certiorari is to send up the indictment of 〈◊〉 in which others are joyntly indicted the Iustice need not make certificate of any but of A onely Dal. 368. Cro. 132. a. Lam. 517. A Iustice may without Certiorari send into the Kings bench a Recognizance of the Peace an indictment found before him or a force recorded before him Dal. 368. Cro. 132. b. 133. b. but not without Certiorari if he be put out ibid. No bills of indictment riot forcible entrie assault or batterie found at the quarter Sessions shall be removed by Certiorari unlesse it be delivered in open quarter Sessions and the indicted bound in 10 pound to the prosecutour with such sureties as the Justice shall allow to pay within one moneth such costs and damages as the said Justices shall allow otherwise the Justice to proceed to tryall 21. Jac. 8. Dal. 214. Edit 1626. Vide plus Certificate Challenge One indicted of felonie may challenge as many as he will shewing cause but without cause he may not challenge above twentie 22. H. 8. 14. Lam. 523. Lam. 554. What shall be a good challenge for a Juror That he was an indictour of him Lam. 522. Lam. 554. That he hath not lands to cleare yearly value of 40 shill Lam. ibid. In cities and boroughs that he hath no goods moveables worth 40 pound Lam. ibid. That he is not Probus Legalis as if he be attainted of felonie forgerie perjurie c. Lam. 522. Lam. 554. Champertie Champertie is when one for hope of having part of the thing in variance moveth or causeth the suit to be moved at his own cost and for it he is to be fined 33. E. 1. Lam. 441. Chancemedlie vide Homicide Chastisement vide Correction Church and Churchyard Maliciously to strike with a weapon in the Churchyard or to draw a weapon to that end is losse of one of his eares or to be marked with the letter T. 5. Ed. 6. 4. Lam. 399. Lam. 419. To keep fair or market in the Churchyard ibid. Stat. Wint. 13. Ed. 1. Lam. 419. Conviction of any upon the statute 5. Ed. 6. 4. may be by the Iustices of Peace at their quarter Sessions by verdict testimonie of two or by confession 5. Ed. 6. 4. Execution of the forfeiture upon the statute of striking in Churchyards to be awarded by the Iustice of Peace before the conviction 5. Ed. 6. 4. Churchwardens Churchwardens and Constables or one of them or where none be the Constable of the hundred must once every yeare present at the quarter Sessions the monethly absence from church of Popish recusants and the names of every of their children of 9 yeares old and above abiding with their parents and as neare as they can the age of their children and the names of such recusants servants 3. Jac. 4. Lam. 437. penaltie 20 shillings Vide Recusants Churchwardens are to gather for the prisoners vide Prisoners Churchwardens and Overseers of the poore are yearely to make account to two Iustices whereof one ought to be of the Quorum viz. 1 Of all summes received by them rated or not received 2 Of such stock as they or any of their poore have in their hands 3 What apprentices they have put out 4 What poore they have set to work or relieved 5 What poore they have suffered to wander and begge 6 If they have monethly met to take order for the poore 7 If they have assessed the inhabitants and occupiers of lands and in their parish and such as are of abilitie with indifferencie 8 If they have endeavoured to levie and gather such assessments Dal. 72 73. Defaults in any the premisses is 20 shill ibid. Churchwardens and Overseers refusing to make a true account to the Justice of all such summes of money or denying to pay the arrerages to be committed to the goal without bail till account made the arrerages paid to the new Overseers Dal. 73 Churchwardens and Constables yearely upon Tuesday or Wednesday in Easter week must call together the parishioners And first choose surveyours for the high-wayes Dal. 5â— 2 Appoint six dayes for that purpose to be before Midsummer next following ibid. 3 Give notice of the said six dayes openly in the Church the Sunday after Easter ibid. Clerk of the Peace Clerk of the Peace must be present at the Sessions to reade enditements and inâ—oll the acts of the Sessions as also to draw processe Lam. 337. Lam. 393. Clerk of the Peace must record proclamations for the rates of servants wages and inroll the discharge of apprentices 5. Elis 4. ibid. He must keep the counterpain of the Indenture of armour 4. 5. Ph. Mar. 2. And the books of licenses given to Badgers and loaders of corn 5. Elis 12. Lam. 393. And of those that are licensed to shoot in gunnes 2. Ed. 6. 12. He must certifie into the Kings bench transcript of enditements outlawries attainders and convictions had before the Justice of Peace within the time limited 34. Hen. 8. 14. Lam. 588 593. Recognizance of the Peace is brought into the Custos Rotulorum and the partie grieved will not sue it the Clerk of the Peace may call upon it for the King Lam. 394. The office of the Clerk of the Peace is in the gift of the Custos Rotulorum 37. H. 8. 1. Lam. 394. What Records the Clerk of the Peace is bound to certifie vide Certificate The Clerk of the Peace his fees vide Fees He must record presentments for not coming to Church and the certificate of not taking the oath of Alleagiance 3. Jac. 4. Lam. 393. Clerk of a Justice his fees vide Fees Clerk of the Crown what records he ought to certifie vide Certificate Clerk of the Market Clerk of the Market taking money to dispense with faults riding with more then six horses tarrying longer then is necessarie loseth for the first offence 40 shill for the second 10 pound for the third 20 pound 13. R. 2. 4. Clergie and Sanctuarie One Justice of Peace may take out of the Sanctuarie him that is abjured thither being endited of any offence punishable by death done after he is become a
onely remove the force ibid. Lam. 162. Of causes to stay granting of restitution vide Dal. 187. Forfeitures of a recognizance taken for the Peace Whatsoever is a breach of the peace the same is a forfeiture of the recognizance Dal. 148 as 1 To threaten a man to his face to beat or kill another Dal. 148. Cro. 136. b. Lam. 115. but not if he be absent ibid. 2 To strike at or offer to strike at a man though he hit him not 3 All affrayes malicious and violent striking or other misintreatings of the person of another Dal. 148. Lam. 127. 4 To go with companie or weapons unusuall Dal. ibid. Cro. 137. a. Lam. 126. 5 To command or procure another to break the Peace and if it be done in deed Dal. 148. Lam. 115. Cro. 137. a. 6 Imprisoning or arresting another without warrant Dal. 148. Lam. 127. To thrust one into the water whereby he is in danger of drowning To ravish a woman against her will To commit burglatie robberie murder manslaughter or do any treason against the person of the King Dal. 149. Lam. 127. To be riotously assembled The act that breedeth the forfeiture of a recognizance of the Peace must be done unto the person of another Dal. 149. Of a recognizance vide recognizance vide plus breach of the Peace and Fines One committed for pettie larcenie and convicted thereof shall forfeit his goods Lam. 273. Dal. 230. Cro. 36. b. Forfeitures upon statutes vide Severall statutes Forgerie Second forgerie of deeds concerning anothers land after a former conviction is felonie 5. El. 14. but not enquirable by the Iustice of Peace Lam. Dal. 244. Cro. 56. b. Forrain Plea One indicted of pettie treason â—…rder or other felonie pleadeth a forrain Plea triable by Jurie it shall be tried before the Iustices before whom he was indicted and by the jurours of the same Countie 22. H. 8. 14. 32. H. 8. 3. Lam. Forrester killeth any man in his office making resistance it is justifiable 21. E. 1. Forestalling and Forestallers Forestaller is he that buyeth or contracteth for any victuals or wares before they come to the market faire or port or moveth the partie to the price or not to bring them to the market faire or port Lam. 450. Forestaller convicted before the Iustice of Peace at the quarter Sessions by examination of two witnesses or presentment for forestalling for the offence shall 1 Lose the goode and be imprisoned 2 moneths without bail or mainprise 2 For the second lose double the goods and be imprisoned for 6 moneths 3 For the third lose all his goods stand in the pillorie and be imprisoned during the kings pleasure 5. E. 6. 4. Lam. 570. The moytie of the forfeiture upon the statute of forestallers due unto the partie is to be levyed by Fieri facias or Capias to be awarded by the Iustice of Peace Lam. 584. Fowlers and Fowling Shooter taker or destroyer by gunnes bows setting dogs nets or other engines of any Phesant Partridge Pigeon Heron Mallard Duck Teal Wigeon Growse Heathcock Mooregame or such fowls upon conviction by confession or oath of two witnesses before two Iustices of Peace where the offence or apprehension is to be imprisoned 3 moneths without bayl unlesse he pay to the Churchwardens of one of the places to the use of the poore 20 shillings for every Phesant and also for every egge of Phesant Partridge or Swan taken or destroyed or after one moneth of his commitment become bound with two sureties in recognizance of 20 pound never to do the like the same recognizance to be returned to the quarter Sessions 1. Jac. 27. Lam. 334. Dal. 67. Vide Partridges and Phesants Games vide Unlawfull games Goal Goaler GOaler or Sheriffe may make a goal of his own house so cannot a constable not Iustice of Peace Lam. 133. Dal. 129. Goaler suffers a felon to go at large and he escapes it is felonie in the goaler not in the prisoner Lam. 229. Dal. 239. P. R. 147 149. Goaler by hard and cruell custodie compells his prisoner to become an approver it is felonie 14. E. 3. 17. Lam. 231 420. Dal. 244. Cro. 49. a. Goaler killeth â—n unruly prisoner which doth assault him it is no felonie Lam. 235. Goaler by hard usage killeth his prisoner it is murder Lam. 240. Goaler that taketh above 4 pence upon commitment of any prisoner arrested or attached forfeiteth 40 pounds Lam. 23. H. 6. cap. 10. Goaler or Sheriffe refusing to take a felon delivered by Constables or Township or taking any thing for receiving is to be fined 4. E. 3. 10. Lam. 434. Six Iustices may in sundry shires take order for the common goal whereof the Sheriffes shall have the custodie and to which murdeâ—… and felons c. shall be sent and may perform many incidents thereto by the statute 23. H. 8. cap. 2. 13. Elis 25. Lam. Accountant for money levied for the goal to build it goeth into another countie the Iustice of Peace where the goal is may send an attachment for him unto another shire 33. H. 8. cap. 5. 5. Elis 24. Lam. 525. Goaler suffereth a prisoner to go abroad out of his sight and he returneth again it is an escape 240. Cro. 39. b. Goaler refuseth to receive one arrested for felonie the town must keep him till the goal-deliverie Dal. 289. Cro. 172. a. but the goaler denying to receive such shall be punished by the Iustices of goal-delivery ibid. Goaler shall take no fees of any servant carpenter mason nor other labourer committed for refusing to serve on pain of 10 pound to the King and 100 shill to the partie 34. E. 3. 9. Cro. 185. a. b. Glassemen Glassemen of honest life may travell without begging within the countie by license of 3 Iustices under their hands and seals one being of the Quorum 39. E. 24. but by 1. Jac. 7. they are made rogues and so to be punished Goldsmith Goldsmith or worker of gold must work as fine silver or gold in allay as the sterling and set his mark on it or forfeit the double value 2. H. 6. 14. Lam. 467. Nonâ—â—o gild any thing or any metall but silver except spurres of Knights and apparell of Barons or above on pain of 10 times the value and a yeares imprisonment 8. H. 5. 3. Lam. 467. Good abearing Good abearing may be granted upon discretion and that by one Iustice of the Sessions yet better not to command it but upon speciall cause seen to themselves or upon suit of others and those very honest and seldome for one cause alone and not by one Iustice onely Lam. 120. Dal. 159. Good behaviour may be granted by speciall writ out of the Chancerie Custodibus pacis vicecomiti eorum cuilibet upon the statute of 34. Ed. 3. 1. Lam. 117. Dal. 159. For what causes it is grantable Dal. 160. 1 Against common barrettours quarrellers and disturbers of the Peace 2 Rioters 3 Lyers in wait to rob 4 Generally feared
The Sessions of the P. is an assembly of any two or more Just of P. one being of the Quorum at a certain day place within the limits of their Commission appointed to enquire by a Iury or otherwise to take knowledge and thereupon to heare and determine according to their power of causes within the Commission and statute referred to their charge Lam. 278. Sessions held without summons are good but then none shall lose any thing for default of appearing Lam. 380 381. Summons of the Sessions is usually by precept written to the Sheriffe and by him to be returned at the Sessions Lam. 381 385. Precept for summoning the Sessions may be made by any two Just of Peace one being of the Quor but not the Custos Rotulorum alone and summons cannot be discharged by Supersedeas of all the other Justices but by Supersedeas out of the Chancerie Lam. 382 383. Sessions held by one Iustice of Peace is not good although it were summoned by two and styled by their names but by two sufficient Iustices it is good though it be styled by the name of three Lam. 383. Quarter Sessions are to be held foure times in the yeare viz. the first week after S. Michael the Epiphanie the clause of Easter after the translation of S. Thomas the martyr which is 2 Iuly 2. Hen. 5. 4. Lam. 597. The Easter Sessions by 33. Hen. 8. cap. 10. are to be holden as arbitrable and therefore though by summons they be to be kept in one place yet they may be kept in another but then there can be no amerciament for default of appearance Lam. 383 384. Two Sessions at one time for one Countie lawfully summoned at two places both are good and appearance at one shall excuse default of appearance at the other and presentments taken before either of them shall be good 384. At a generall Sessions all matters enquirable by Iustices of Peace either by their Commission or by statute ought to be given in charge otherwise a speciall Sessions Lam. 623. and may be held three dayes 606. Two sorts of men ow their ordinarie attendance at the Qu. Sessions viz. officers and ministers of the Court and Iurours of the Countie Lam 386. Officers are the Custos Rotulorum where he ought to attend by himself or his deputie 387. The Clerk of the Peace 393. Iurours for enquirie and triall 396. The Iustices of Peace if need require may keep a speciall Sessions by vertue of their Commission or by the statute 2. Hen. 4. 5. Lamb. 623. Summons of a speciall Sessions is for the most part for some speciall enquirie and not to the generall service of the commission Lam. 623. All matters within the commission or statute may at a speciall Sessions of the Peace be given in charge yet they are at libertie to give in charge either all or any of them Lam. 623 624. If two Iustices of the Peace one being of the Quorum make a precept to the Sheriffe for the holding a Sessions at such a place and day and to return a Iurie before them either Iustice can by their Supersedeas to the Sheriffe inhibite him Cro. 126. b. but the King by his writ of Supersedeas may discharge it ibid. A man is bound to appeare before a Iustice of Peace within fourty dayes after in the mean time a generall Sessions is kept he ought to appeare before the Iustice at the Sessions Cro. 123. a. nu 18. A Iustice commands one on pain of 10 pound by his precept to appeare at the next Sessions and he doth not no Scire facias shall go against him more then upon a Sub poena but it seemeth he may be attached upon a contempt Sewers Commission of sewers being expired 6 Iustices of Peace two being of the Quorum may for one yeare after execute the laws of Commissioners of sewers unlesse a new be published 13. El. cap. 9. Sheep To transport sheep beyond the seas without license or to procure the same is felonie the second offence 23. H. 8. 16. 8. Elis 3. Lam. 227 425. Any bringing sending or receiving into any bottome any sheep alive out of the Kings dominions or procuring the same loseth his goods is to be imprisoned for a yeare and then in open market to lose his left hand 8. Elis 3. Lam. 456 457. Any keeping at one time above 2000 sheep of all sorts against the purport of the statute loseth 4 shil 4 pence for every sheep above 2000. 28. Hen. 8. b. 13. Sheriffe The Custos Rotulorum or eldest of the Quor in his absence is to appoint at Michaelmasse Sessions two Justices of Peace whereof one of the Quorum to have the oversight and controlment of the Sheriffe Under-sheriffe their officers and deputies and of their books and amerciaments in their county Courts and either of these two Iustices or one Iustice of the Peace Lam. 201. may examine the Sheriffe or Under-sheriffe and plaintiffe concerning the taking and entring plaints in their Courts and books against the statute 11. Hen. 7. 15. Dal. 107. Lam. 201 295 600. The particulars are Dal. 107. Lam. 131. 1. If any plaints be entred in their books in any mans name the plaintiffe or sufficient Atturney not being in Court 2. If the plaintiffe finde not pledge to pursue his plaint viz. such as are known in that countrey 3. If they enter more plaints then one for one trespasse or contract 4. If they enter more plaints then the plaintiffe supposeth he hath cause of action for against the defendant If upon examination the Iustices finde any default it shall stand for conviction without further enquiry or examination and they forfeit 40 shill to the King and to the informer for every default and the Iustices must certifie the examination to the exchequer within a quarter of a yeare on pain of 40 shill Dalt 107. The like for bailiffes of hundreds in not warning the defendants to appeare Dal. 118. Sheriffe to make once a yeare estreats to levie their shire-amerciaments until the two Iustices have had a view and oversight of the books and the said estreats shall be indented betwixt the said Iustices and Sheriffe or Under-sheriffe under their seals Dal. ibid. The said two Iustices or one of them may examine the defaults of collectours of shire-amerciaments whose finding of default is a sufficient conviction and forfeiture of fourtie shillings prou◠contrá The said Iustices upon information of the party grieved may make like processe as in action of trespasse against the Sheriffe c. to appeare then to answer the said information or suggestion Dalt 108. Sheriffe ought to be at the Sessions to return his precept and keep the prisoners Lam. 395. In these cases following the Sheriffe c. did forfeit 40 pounds and treble damages to the partie grieved 23. Hen. 6. 16. Lam. 430 431. 1. Sheriffe that letteth his Bailywicks or any of his hundreds 2 Or returneth in any pannels any bailiffes officers servants or servants
upon refusall they arrest him and do not carry him to the Goal Dal. 138. The party being imprisoned the Iustice of Peace may make him his libertie first if the complainant die secondly if he do enter suretie of the Peace Dal. 138. If the imprisoned have a suit depending in the common pleas by some opinions the imprisoned may be discharged by a writ of priviledge Quaere tamen Dal. 138. Cro. 38. a. Lam. A sworn and known Officer needeth not to shew his Warrant but the servant of the Iustice must shew it if it be required Dal. 281. Lam. 89. If husband and wife be bound to appeare and in the mean time to keep the Peace and the husband onely appeareth the recognisance is not forfeited Dal. 146. Cro. 144. b. Suspicion and suspects of felonie A suspect of felonie ought not to be arrested by a warrant from a Iustice of Peace unlesse he be endited before for if the bailiffe which serveth the warrant doth suspect him he may do it of himself without a warrant and without suspicion the Iustices warrant is no warrant Lam. 188. Dal. 289. Crom. 147. b. 148. b. 197. a. Quaere Suspicion onely without felonie committed is no cause to arrest another Dal. 228 274. Cro. 154. a. A felonie being committed every man may arrest suspicious persons that be of evil fame c. and if such person make resistance the other may justifie to beat him Dal. 295. The Constable or other person that arresteth one for felonie or suspicion must himself suspect Dal. 268 296. Crom. Swannes Taking away from his own or another mans ground Swannes of another mans upon conviction and examination of witnesses is imprisonment for a yeare and a day and losse of ten pound Lam. To steal Swannes unmarked if they be domiti and kept in a mans manour or private rivers is felonie Dal. 262. edit 1626. Swearing He that sweareth or curseth being convicted by hearing of any Iustice of the Peace or by oath of two witnesses or confession of the partie before a Iustice of Peace loseth 12 pence to the poore to be levied by distresse the offence being proved within 20 dayes or for default of a distresse to be set in the stocks three houres 21. Jac. 20. The offender being under twelve yeares of age and not forthwith paying his 12 pence by warrant of a Iustice of Peace or head-officer is to be whipped by the Constable or by the parent or master in his presence ibid. Taxations vide Stock of the Shire TAxations made for a Commonwealth as making or mending of bridges high-wayes causeys sea-banks c. shall be upon all persons though they assent not Dal. 137. edit 1626. Talebearers vide News Tanners vide Leather Tavern-keeper Assignment of such as shall keep a Tavern to utter wine is to be made at the generall Sessions unlesse it be otherwise by especiall grant 7. E. 6. 5. Lam. 614. Testimoniall Testimoniall under the hand of one Iustice of Peace sealed is sufficient to passe in hay-time and harvest-time from one Countie to another Lam. 190. In all testimonials and pasports some assured marks of the partie by which he may infallibly be distinguished and known from others are fit to be specified Lam. 206. Testimoniall for a serving-man turned from his masters service or whose master is dead ought to be made by two Iustices of Peace 27. Elis 11. Lam. 331. Dal. â—o Theft Theft is a fraudulent and felonious taking of another mans personall goods in the absence of the owner and without his knowledge Dalt 229. Lam. 272. Theft is either Grand-larcenie or Pettie-larceny Grand-larcenie is when goods stollen are above 12 pence and it is felonie of death except the partie be saved by his book Dal. 229. Yet if the goods be of more value and the Iurie finde it did not exceed 12 pence it is not grand-larcenie Dal. 229. Pettie-larcenie is if the goods do not exceed 12 pence and is not felonie of death but imprisonment for some time or whipping or some other punishment by the discretion of the Iustice before whom the party is arraigned Dal. 229. For pettie-larcenie the Iustice of Peace before whom the offender shall be brought is not to punish him but either to send him to the house of correction or to bail him ibid. Pettie-larcenie is forfeiture of goods and chattels Six pence foure pence and three pence being taken by one at severall times from one and the same person may be put together in one enditement Dal. 230. Lam. 273. If two or more steal above 12 pence from one it is felonie of death in every one Dal. 230. Lam. 273. The manner To make an act larcenie there must be first a taking secondly a carrying away Dal. 230. Lam. 277 Yet it may be felonie though the offender came to it by the deliverie of the owner Lam. 278. As A Taverner setteth plate before his guests to drink in and his guests carrie it away it is felonie Dalt 230. Lam. 278. Crom. 35. b. A carrier carrieth goods to him delivered to the place appointed and there breaketh them up and imbezelleth them it is felonie Dal. 230. Cro. 36. a. Lam. 279. A carrier taketh out parcels of the goods to him delivered it is felonie Dal. 231. Crom. 36. a. A carrier conveyeth them to another place and there breaketh them up and conveyeth part or all to his own use it is felonie Dal. 231. Lam. 278. Where after deliverie the imbezelling is no felonie A carrier imbezelling the whole Lam. 278. A stranger borroweth a horse and rideth away A clothier delivereth his wool to his work-folk One delivereth his goods to another to keep One delivereth money to A to pay B. Felonie in servants by force of statute 5. Elis 10. Servant of the age of 14 yeares other then an apprentice to whom any money goods or chattels c. by force of the statute by his master or mistresse shall be delivered to keep of the value of 40 shillings or above if he go away with or convert the same to his own use with intent to steal the same or to defraud his master or mistresse it is felonie if it be prosecuted within a yeare Dal. 231 232. Lam. 279. Wherein are divers cases A man receiveth of his master 20 pound in gold to keep which he changeth into silver and runneth away with it they are both of one nature therefore felonie Dal. 232. Cro. 35. a. Lam. 280. One servant delivereth to his fellow servant to the value of 40 shillings of his masters goods and goeth away with it or converteth it to his own use it is felonie Dalt 232. Cro. 50. a. Lam. 280. A servant maketh a garment of his masters cloth and goeth away therewith it is felonie Dal. 232. Cro. 50. a. Quare of barley converted into malt or money melted into a piece of metall Dal. ibid. An obligation is delivered unto a servant and he goeth away with the money received upon the same obligation
viz. 1 He must go to the place Dal. 41. Lamb. 2 Take sufficient power of the county or of the Town and the Sheriffe also if need be aswell to arrest offenders as also for removing of the force and for conveying them to the goal Dal. ibid. Lam. 3. Arrest and remove all offenders and take their weapons and prize them for the King Dal. ibid. If the doores be shut and entrance denied he may break open the house Dal. 42. Quaere The Justice cannot arrest or remove them if he finde no force except by enquitie Dal. 42. The Justice ought to make a record of the force and either keep it by him or indent it and certifie one part either into the Kings Bench or to the Clerk of the Peace and keep the other Dal. 42. The record of the Justice is a sufficient conviction of the offender and is not traversable ibid. The Justice ought to commit immediately to the next goal those which he findeth continuing the force untill they pay their fine ibid. 91. or forfeit an â—00 pounds ibid. But such force must be in the presence or view of the Justice The Justices or some of them that see the force are the proper Judges of that offence and may assesse the fine but it must be upon every one severally Dal. 91. and is to be estreated into the Exchequer upon which assessing and estreating the partie is to be delivered Dal. 43. And so upon payment of the fine to the Justice or recognizance for payment Dal. 43. Quaere for the Sheriffe is accountable for all fines Or the Justice may record the force commit the offenders and certifie the record to the J. of Assize or to the Sessions and there the offenders fined Dal. 43. Cro. 161. a. But ought more properly to be assessed by them that record the force Dal. 91. Cro. ibid. and to be of value Or the Justice may certifie the record into the Kings Bench referre the fine thither Dal. 43. which Lambert thinketh the best course The fines must be reasonable secundum quantitatem qualitatem delicti The force ought to be inquired of in some good place or town neare where the force was Dal. 43. and that within a moneth if it be a riot 92. One Justice may enquire Dal 43. Enquirie may be though the offenders be not present or though the Justice go not to see the place where the force is Dal. 43 44. Lamb. 152. Without enquiry there can be no restitution Dal. 44 183. Cro. 161. b. 164. a. Upon enquirie making the Iustice must direct his precept to the Sheriffe to summon 24 of 40 shil a yeare land per annum Dal. 182. Upon default the Iustice may award an alias and pluries infinite till they come The Sheriffe at the day of the second precept must return 40 shill in issues upon every one at the third writ five pound and at every day after the double 8. Hen. 6. 0. 9. If any jurour have not 40 shill land yet the enditement is good for the King Quaere if there shall be restitution Dal. 182. Lam. 152. Returning of smaller issues then the statute hindreth not the enquirie Dal. ibid. Lam. ibid. Upon enquiry the Iustice may make restitution Dal. 44 182. wherein the Iustice needeth not to examine the title Dal. 183. Lamb. 156. A restitution before inquisition ibid. Cro. 161. 8. 164. â— In the enditement not onely the entry but also the putting out must be and adhuc extra tenent Lam. 153. for lack of these words no restitution can be made Dal. 44 181. Cro. 163. 8. Lam. The enditement must be good both in matter and form Dal. 183. the words manuforti or cum multitudine are necessarie ibid. The enditement must expresse the qualitie of the thing whether messuage cottage c. tenementum may extend to either and so entertain Dal. ibid. If restitution be made by a Justice upon an insufficient enditement the Kings Bench will restore the other Dal. 184. Cro. 162. a. If errour be in the enditement any two of these Justices which were at the taking of the enditement upon prayer of the partie may grant a supersedeas to stay restitution if restitution be not made Dal. 184. Cro. 165. a. But no Justice not present can grant a supersedeas ibid. The Justice may make restitution or give warrant to the Sheriffe or certifie into the Kings bench and leave the award of restitution to that Court Dal. 44 185. Lam. 156. None can grant restitution but they before whom the force was found Dal. 44 185. except the Kings Bench. None can personally restore the partie but he that took the enquirie Dal. 185. But by precept to the Sheriffe Lam. 158. After enquirie the Justice of Peace may break into the house by force and put the ejected into possession Dal. 44. If restitution be made without enquirie it is punishable in the Starrechamber Dal. 45. Restitution must onely be made to him that was put out Dal. 45 185. Restitution is to be made onely of house and land Dal. 183. but not of rent common or advowson 45. Restitution may be made notwithstanding a traverse Dal. 45. but upon tender of traverse the safest way for the Justice is to certifie the presentment into the Kings Bench. ibid. If the Justice upon complaint or notice given of a force do not remove the force record it and commit the offenders it is punishable in the Starre-chamber Dal. 45. The offenders being gone the Justice may send his warrant and commit them till they finde suretie of their good behaviour Dal. 45. If force be made by three it is a riot Dal. ibid. The proceedings upon a writ upon the statute of Northampton 2. Ed. 3. 3. 1 The Iustice of Peace to whom this writ is delivered is but a minister therein and coming to the place where the force is supposed by the writ he may cause 3 O yes and then make proclamation for silence prout Dal. 46. Cro. 72. a. b. Lam. 168. 2 Then may he reade or cause the writ to be read or declare the effect thereof 3 Then let three O yes be made and make proclamation again for the peace prout Dal. 47. Cro. 42. b. Lam. 4 Either enter and search for armour or enquire by jury ibid. All that remain after proclamation are to be imprisoned and the armour apprized ibid. If upon proclamation they depart they are not to be imprisoned The execution of the statute of Northampton without writ Every Justice of Peace may execute it ex officio without writ Dal. 47. Cro. 72. a. The difference in the manner of execution is that without writ there needeth no proclamation nor certificate into the Chancerie but the Justice may enter search commit the offenders there found apprize the armour record all what he shall do and thereout send an estreat into the Exchequer Dal. 47 48. Cro. ibid. The Justice cannot make restitution to the partie outed but