keeping of any Deer or Conies c. or be Keepers or Warreners any person having in lands 100 li. by year in fee or for life may take from such offender such Guns Bows or Cross-bows and keep them to his own use 3 Jac. c. 13. Dal. 65. Curriers vide Leather Customer vide Corn. Custos Rotulorum Custos Rotulorum hath the custody of tho Records and of the Commâ—ssion and ought tâ— see that they be brought to the Sessions Lam 387. Custos Rotulorum is alwayes a Justice of the Quorum Lam. 387. Custos Rotulorum alone cannot summon a Sessions seeing that he hath no more authority in that behalf then any of his fellows hath Lam. 382. Taking of the goods of another to the value of 12 d. from his person into his own possession without assault or fear is felony without Clergy 8 El. c. 4. Lam. 270. Dal. 262. and Lam. 422 566. But it will not amount to felony unto death unless the thing taken be of the value of twelve pence Lam. 270. Dal. Quaere The thief must have an actual possession of the thing severed from the person of the owner Lam. 271. Dal. 262. Cro. 35. a. nu 17. Cutting out of tongues Cutting out of tongues and putting out of eyes is felony if it be done of set purpose 5 H. 4. c. 5. Lam. 420. Cutting of a Pond head Destroying of the head or damme of any pond moat stew or several pit wherein fishes are put by the owner thereof or wrongfully fishing in any of the same to the intent to take away the fish against the owner will 5 El. c. 21. Lam. 446. See 3 Jac. c. 13. he is to suffer imprisonment and to be bound to his good behaviour for seven years Deer and Deer-hayes JUstices of Peace may not receive an indictment for killing a Hart proclaimed for the jurisdiction of it belongeth to the Justices of the forrest 21 H. 7. c. 30. Lam. 505. One convicted of unlawful taking or kiling of Deer must pay treble damages to the party three months imprisonment and after to remain there till he put in sureties for the good behaviour for seven years 5 El. c. 21. 3 Jac. c. 13. Lam. 571. To sell or buy to sell any Deer Hare Partridge or Phesant except house-Patridge or Phesant or brought from beyond the Seas loseth for every Deer 40 shill every Hare or Patridge 10 shill and every Phesant 20 shill 1 Jac. c. 27. Vide plus Hunting and Buckstalls Demurrer If one indicted demurreth upon the evidences the Justices ought to record it La. 539. Deputy A Judge cannot make a Deputy Lam. 64. Divine Service Any above the age of sixteen years that repaireth not faithfully and diligently to his Parish Church or Chappel accustomed or upon some reasonable lett to some usual place where Common Prayer is to be used upon every Sunday and other Holidaies 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 levied by the Church-wardens to the use of the poor of the said Parish and to be punished by the censures of the Church 1 El. c. 2. It is lawful for one Justice of Peace in the limit division or liberty where the offender dwelleth in not coming to Church according to 1 El. c. 2. upon proof of default by confession of the party or oath of witnesses to call the party before him and for want of sufficient excuse proof thereof to the satisfaction of the said Justice the said Justice may give his warrant to the Church-warden of the said Parish under his hand and seal to levy 12 pence for every default by distress and in default thereof to commit the offender to prison till paiment made 3 Jac. c. 4. Vide plus Recusants and Sunday Dogs vide Hunting Partridges Drovers vide Badgers Dier vide Cloth Drunkenness Any Justice of Peace upon his own view confession of the party or proof of one witness upon oath hath power to convince any person of drunkenness 21 Jac. 7. Any within six moneths after the offence committed lawfully convicted of drunkenness 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 Just convicting levied on his goods if he be unable to be set into the stocks six hours and upon conviction of the second offence to be bound with sureties in ten pound to his good behaviour 4 Jac. c. 5. and for want of sureties to be sent to the Goal If the officer charged is negligent in levying or in correcting he loseth 10 shillings to be levied and disposed as the penalty it self 4 Jac. c. â— Church-wardens to be accountable to the use of the poor for the penalties by them received upon the statute of drunkenness ibid. Constables Church-wardens and Tithingmen in their oaths for their office are to swear to present offences against the statute of drunkenness 4 Jac. 5. Offences against the statute of drunkenness to be inquired after and presented before the Justices of Assise or Justices of Peace at their Sessions and proceeded upon ordinary indictment ibid. Offenders against the statute of drunkenness not to be twice punished for the same offence ibid. Ecclesiastical causes and persons ECclesiastical persons are subject to arrest for the Peace unless they be attendant on Divine service Lam. 93. Dal. 166. Vide plus Treason Eggs of wild-fowl Eggs of any wild-fowl usually eaten taken from the place where they were layed or destroyed betwixt the first of March the last of June one years imprisonment and lose after a rate for each egge viz. Egges of crane or bustard 20d bittern heron or shovelack 8 d. mallard teal and other wild-fowl one peny 25 H. 8. c. 11. 3 E. 6. c. 7. Lam. 453. To take away the egges of any hawk out of the woods or ground of any other person three months imprisonment and bound to his good behaviour for seven years 5 El. c. 21 Lam. 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 year and a daies imprisonment and fine 11 H. 7. cap. 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 Justices of Peace where the offence or apprehension is to be imprisoned three months unless he pay to the Church-wardens of the Parish in one of the places to the use of the poor 20 shillings 1 Jac. c. 27. Vide plus Partridges Phesants and Fowlers Egyptians One Justice of Peace may within one moneth after the arrival seize all the goods of any outlandish persons calling themselves Egyptians that shall come into the Realm or company with them or disguise themselves like them and keep to his own
a Justice of Peace being assaulted may commit the offender to prison Cro. 68. a. Lam. 134. Dal. 352. So Crompt thinketh that a Justice of Peace may record a forcible entry made upon his â—own possession and commit the offender Cro. 67. b. 68. a. nu 4. 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 bind him to his good behaviour Dal 195. Justice of Peace must proceed by the prescript of the commission and statute Dal. 20. Where the statute referreth the trial c. 10 the Justice of Peace his discretion it seemeth he may examine upon oath Dal. 22 155. One Justice of Peace ought not to bind one to appear at the Q Sessions to answer his fault committed against a penal law except the statute of Labourers Lam. 187. Dal. 339. Every Justice of Peace is a conservatour of Rivers within his County Lam. 189. Justice of Peace not giving remedy to the party grieved in a cause that may be heard determined and executed by him upoâ— complaint to the Judges of Assize or the Lorâ— Chancellour is to be put out of commission bâ— the Lord Chancellour and punished accoâ—ding to his desert 4 H. 7. c. 12. Lam. 370. Crâ— 120. b. nu 6. Dal. 353. One Justice of Peace may command fresâ— suit hue and cry and search to be made by officers and others after thefts robberies injoyn watches for the arresting of suspecteâ— persons and night-walkers high-waies to bâ— enlarged that two Constables be chosen in every Hundred forbid Fairs and Markets iâ— Church-yards command all between 15 anâ— 60 to be sworn to the peace charge the Constable to arrest all such as be suspected to bâ— draw-latches wasters or robbers of men Lam. 185. Justices of Peace taking bond in his own name and not Domino Rigi in a cause touching the King is to be imprisoned 33 Hen. 8. c 39. Lam. 102 143. Justice of Peace at their Sessions are of equaâ— authority Lam. 385. Vide Cro. 122. a. nu 33. Justice of Peace must send his prisoner to thâ— common gaol Lam. 133. 5 H. 4. c. 10. A felon is brought before a Justice of Peacâ— upon suspition though it appear to the Justicâ— he is not guilty yet he may not set him at liberty but so as he may come to his trial Lam 233. Dal. 279 304 353. Cro. 40. b. nu 20. otherwise it will prove a voluntary escape iâ— the Justice for he is not to be delivered bâ— any mans discretion Dal. 8. Lam. ut supra A man is arrested for felony by a Constable or other who afterwards hath knowledge that there is no such felony done the opinion of Kâ—ble Comsby and Serjeant Frowick was that he might set him at liberty but if one be killed and another be arrested for suspition â—hough after he know the arrested is guiltâ—ess or was arrested for malice he ought not â—o set him at liberty but must be delivered by course of law otherwise it is felony Cro. 40. nu 20. b. Justice of Peace dwelleth or is in another county he cannot cause one to be brought before him out of the county where he is Justice into another county Dal. 23. Cro. 120. b. nu 12. What things Justices of Peace ought to do ex officio Record a demurrer upon the evidence Lam. 539. Give day to the party to bring in a Record that is before other Justices which is pleaded by way of justification Lam. 539. 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. Justices 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 Justices of P. may take issue with one that pleadeth a pardon that he is one of the parties excepted Lam. 540. Justices of Peace cannot acquit felons by proclamations but if no prosecution be theâ— are to keep them till the coming of thâ— Justices of gaol-delivery Lam. 550. Justices of P. may enquire of all manner oâ— felonies at the common law or given by any statute and of all manner of trespasse done against the peace of the King and of such trespasser wherein action of the case will lie â—â—â— trespass or deceit for in the end of the Wriâ— grounded upon the case it is contained contrâ— pacem nostram Cro. 8. a. nu 25. Justice of Peace shall be punished for conspiring with another to indict a stranger aâ— the Sessions but not for a thing done by hiâ— in Sessions as a Judge Cro. 122. a. nu 32. One Justice of Peace rebukes another neither he nor any of his fellow Justices can commit him for all are by one authority anâ— therefore hath no remedy if the King will noâ— remove him but if one Justice abuse anotheâ— in open Sessions it seems the rest may bind him to the Peace Cro. 122. a. nu 33. 134. b Lam. 385. Defaults against the statute 3 Hen. 6. c. 11. â—oâ— levying of wages for Knights of the shire arâ— to be heard and determined by enquiry foâ— the King or action for the party before thâ— Just of Peace Lam. 512. Justice of P. needs not to shew his commission by which he is made Justice when he justifieth the doing of any thing as a Justice for he is Justice of Record and the commission remaineth with the Custos rotulorum of the said County and he is called by the commission in open Assizes and Sessions Cro. 120. b. nu 13. Lam. 387. Justice of Peace hath a Record in his hands and is discharged of his office he cannot certifie the same without a Writ of Certiorari although he be made Justice afterwards Cro. 121. a. nu 15. 132. a. Justice of Peace may have his action of the Case against him that calleth him False Justice of the Peace It seemeth also that he may be indicted for they may enquire of all trespasses where a man may have his action of the Case Cro. 121. a. nu 21. 122. a. nu 29. Quicquid Justiciarius fecerit de Recordo â—gnoranter pro defectu scientiae non erit pro â—o punitus Sicut accidit de Seneschallo libertaâ—is Abbatis de Crowland qui colore libertatis de Infangthefe judicavit hominem mori contra â—egem pro eo libertas seisita fuit in manus Regis nulla poena Seneschallo Cro. 121. b. nu 24. â—usticiarius non potest puniri pro re per ipsum â—acta judicialiter sed Officiarii ut Vicecomes alli Officiarii be Recordo erunt puniti Cro. 122. a. nu 28. Justice of Peace certifieth into the Kings Bench that such a man broke the peace in â—is presence the party shall be put to his â—ne without any Traverse to the same Cro. â—32 a. Justice of Peace who is of the Quorum â—ught to
be resiant within the County â—here he is Justice of the Quorum 2 H. 5. c. â— Cro. 122. a. nu 34. Justice of Peace was put out of Commisâ—ion in Camera Stellata for that he refused to â—ake surety of the peace of one that came â—efore him who offered to find surety of the peace for that the Justice which granted the warrant was not his friend and thereupon would not go before him to be bound Cro. Jurisd of Courts 31. b. One Just of Peace upon his view of forcible detainer may record the same by 15 R. 2. c. 2. but in case of Riot or Rout c. there must be two Justices of Peace with the Sheriff or Under Sheriff 13 H. 4. c. 7. Cro. 61. b. nu 9. Justice of Peace commandeth one upon pain of 10 li. by his precept to be at the next Quarter Sessions and he appeareth not No Scire facias shall go forth more then iâ— there had been a Subpoena but it seemeth that he shall be attached to be at the next Sessions upon an accompt Cro. 123 a. nu 9. An affray is made within a Corporate Town whilest the Sessions be held there â— and that Town hath Justices within it self â— the Justices of Peace shall not intermedlâ— there but otherwise it is at the Assizes Cro. 146. b. Laboures and Servants ONe Justice of Peace may cause all artificers and other persons meet to labouâ— by his discretion to work by the day in haâ— and corn-harvest time or imprison the refusers in the stocks for two daies and one night 5 El. c. 4. Dal. 77. Lam. 475. The Constable refusing to stock them loseth 40. shill One Justice of Peace under his hand and â—eal may licence labourers in hay and harâ—est time to go into another country to work Dal. ibid. One Justice of Peace upon complaint may â—ompel meet persons to be bound as apprenâ—ices to husbandry or any other art c. and â—or refusal commit them to ward there to remain untill they be bound to serve according â—o the statute Dal. 77. 5 El. c. 4. One Justice of Peace may take order beâ—wixt the master and apprentice for want of â—onformity in the master bind him over to â—he Q. Sessions where four Justices one being of the Quorum may discharge the apprenâ—ice and if fault be in the apprentice inflict â—ue correction Dal. 78. but if the first Justice find fault in the apprentice quaere if he may â—y 7 Jac. c. 4. send him to the house of Corâ—ection as an idle disorderly person Dal. 78. One Justice of Peace may allow of the cause of putting away of a servant or of his deparâ—ure within his term Dal. 79. 5 Eliz. c. 4. But an apprentice must be discharged by four Justices of Peace in open Sessions ibid. One Justice of Peace may command vagrant persons to prison if they will not serve Dal. 81. One Justice of Peace may make his Warâ—ant to attach a servant departing to be at â—he Sessions or may send him to the house of Correction Dal. 78. Two Justices of Peace upon complaint that â— servant departed before the end of his term â— except 1. cause be allowed by one Justice of Peace or 2. at the end of his term without one quarters warning before two witnesses or 3. hath refused to serve for the wages appointed by proclamation according to the statute or 4. hath promised to serve accordingly and doth not may examine the matter and may commit without bail such faulty person till he be bound to serve and continue and then he is to be discharged without see to the Goaler Dal. 79. Lam. 330. Two Iustices of the Peace may imprison the master for 10 daies without bail and the servant for 21 daies that giveth or taketh greater wages then are allowed by stat Dal. 80. Lam. 330. and the master loseth 5 li. 5 El. c. â— All retainer promise or paiment of wages or any other thing contrary to statute and every writing and bond for the purpose is void 5. El. c. 4. Dal. 79. Two Iustices of Peace may imprison for a year or less 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 proveâ— by the confession of the party or oath of two Dal. 79. Or the Iustices at the Sessions may inflict other punishment One Iustice may binde the offender to the good behaviour and so to the next Sessions Dal. 79. Lam. 330. 473. Two Iustices may compel any woman of the age of 12 and under 40 being unmarried to serve by the year week or day for such wages as they shall think meet or commit her to ward till she be bound Dal. 80. Lam. 330 331. The retainer of any to serve in the arts of â—loathing Wooll-weaver Tucker Fuller Cloath-worker Sheerman Dier Hosier Tailer Shoomaker Tanner Pewterer Baker Brewer Glover Cutler Smith Farrier Curâ—ier Sadler Spurrier Turner Capper Hatmaker Felt-maker Bowyer Fletcher Arrowâ—ead-maker Butcher Cook or Miller for â—ess then a year is void 5 El. c. 4. Lam. 473. Dal. 79. No person shall interupt deny let or disturb any free or rough Mason Carpenter Bricklayer Plaisterer Joyner Hard-hewer Sawyer Tiler Pavier Glasier Lime-burner Brick-maker Tile-maker Plumber or Labourers born in the Realm or any Denizon to work in any of the said crafts in any City Borough or Town Coporate with any that will retain him or them though they do not inhabit or be free there upon pain of 5 pound the one moiety to the King the other to the informer 5 Ed. 6. c. 15. Any unmarried or under thirty years and married are compellable to serve in any of the said arts or to be imprisoned untill they will serve 5 El. c. 4. upon request of any person using the said trades except the person be lawfully retained with some other or have 40 shillings per annum in lands or 40 pound in goods or some farm in tillage Lam. 473. Dal. 79. None retained in husbandry to depart at his time into any other limit town or parish without testimonial on pain of 21 daies imprisoment and to be whipped if then he brings none and receiver of such loseth 5 li. Lam. 474. Dal. 85. Labourers not working so many hours as they ought lose 1 d. an hour Lam. 474. 5 El. c. 4. Servant falling sick or non potens corpore the master may put him away nor abate his wages Dal. 84. Any taking work by great and departing unlawfully before the work be finished loseth 5 li. and is to be imprisoned for a moneth Lam. 474. 5 El. c. 4. Any taking an apprentice contrary to order of law or exercising an art not being apprentice therein 7 years loseth 10 li. 5 E. â— 4. Lam. 475. Cro. 83. a. Servant departing into another shire is indicted for it in the County whence he departed the Justices of Peace may award a Capias to the
Sheriff of that shire whereunto he departed returnable before themselves 5 El. c. 4. Lam. 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 Quarter Sessions Lam. 610. 5 El. c. 4. 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 Justices of Peace 33 H. 6. c. 1. Lam. 281 548. Dal. 266. A man not able nor sufficient to keep a servant doth retain a servant such retainer iâ— void Dal. 82. Retainer of a servant in husbandry without expressing any term shall be for one year Crom. 184. a. Dal. 83. it is according to the statute 5 El. c. 4. One retaineth a servant for 40 daies and afterwards another retaineth him for a year the first retainer is void Cro. 184. a. Dal. 83. A servant cannot be discharged by his master without his own agreement or for some cause allowed by a Iustice of Peace Dal. 84. An apprentice cannot be discharged by his master but by writing for an apprentice cannot be but by writing Dal. 85. Crom. 184. b. 185. b. A servant put away shall have his proportional wages for the time he served but it must be by the help of a Iustice of Peace Dal. 84. A servant of his own accord departing from his service loseth all his wages Dal. 84. A servant refusing to do his service it is a departure in law though he stay still with his master Dal. 84. Detaining of wages or of meat and drink is good cause of departure but to be al. lowed by a Iustice of Peace Dal. 84. Cro. 185. a. A woman married after she is retained must serve out her time Cro. 184. b. Dal. 82. 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 business 12 R. 2 c. 6. Cro. 185. b. 76. b. Any two Justices of Peace may give their consents with the Churchwardens and overseers or the greater part with them to bind as apprentices the children of poor parents till the age of the man-child of 24 and of the woman till 21 39 El. 3. Lam. 331. 43 El. c. 2. Dal. 83. Retainer according to statute though no wages be spoken of is good and shall have wages according to the proclamation Dal. 84. Retainer not being according to statute is void except it be by Indenture Dal. 84. Retainer upon condition is good Dal. 84. Retainer without expressing in what office is good Dal. 84. Retainer for life is good Dal. 84. Retainer for a year to serve when he shall be required is not good Dal. 84. By Retainer the servant is presently in service though he comes not into his masters service indeed Dal. 84. The executor the master dying must pay wages to the servant hired according to statute not otherwise except it be by Indenture Dal. 84. Larceny Larceny is the felonious and fraudulent taking another mans personal goods removed from his body and person without his will to the end to steal them Lam. 272. P. R. 129. Personal goods are Wholly anothers Dead Alive His own yet also a Property in another Dead goods In their own nature chattels as mony plate houshold-stuff Lam. 273. wooll severed from the sheeps backs to take the skin and leave the body the flesh of tame or wild fowl or beast Lambert 275. goods of the Church Parish or of an unknown person Lam. 276. Once no chattels and made chattels by the owner as mowed corn mowed hay wood felled apples gathered c. Lam. 276. Alive Tame as horses beasts sheep swine pullen Lam. 273 274. Wild made tame by Art Restraint of liberty By art as A tame deer by common law Lam. 274. By statute a falcon tarcelet lanner lanneret lost without bringing it to the Sheriff to be proclaimed Lam. 274. By restraint of their liberty as young pigeons young herons young hawks out of their nests fish in a trunk stew or pond Lamb. 274. A mans own goods Where he hath given a special property to another as by bailment pawning c. and seloniously taketh it again Lam. 277. Dal. 270. Where one coming lawfully to the possession by lending altereth the property aâ— by melting of borrowed plate and the lender taketh the metal feloniously Lam. 277. Dal. 270. In what goods Larceny cannot be committed In goods of Profit Pleasure Goods of profit as where is An owner they are Real Personal No owner as treasure trove wrecked strayed Lam. 276. Real are Distinct from the free hold aâ— charter of land or a ward Lam. 275. Annexed to the free-hold aâ— apples on the tree a tree growing lead from a house or from a Church Lam. 276. Personal as wild things using their wildness as pidgeons flying hawks not reclaimed fishes in the River Lam. 274. Phesants Partridges Hares Conies Herons Swans Deer that are abroad Lam. 275 Dal. 270. Goods of pleasure as Dogs Apes Parrots singing birds a Diamond Ruby or â—theâ— stone not set in Gold or Sâ—lver Lam. 2â—5 â— Dal. 269. Larceny is Grand larceny Petty larceny Grand larceny is where the thing stollen above the value of 12 d. and is punishable by death Dal. 262. Petty larceny if the thing stollen exceeâ— not 12 d. and is punishable by the discretâ—oâ— of the Justices before whom he is aâ—raâ—gned and forfeiteth his goods P. R. 129. Dal. â—62 Divers petty larcenies put in one indictment and above the value of 12 pence are punishable by death P. R. 129. Lam. 273. Dal. 263. Divers found guilty of one larceny above 12 pence they all must die for it for that felony is several in law even as those others severed in act Lam. 223. Dal. 263. What acts do amount to larceny To carry away the plate delivered to me in a tavern to drink in Lam. 278. Cro. 35. b. nu 4. Dal. 263. To carry those things one is hired to carry to another place then he was hired and there feloniously to convert them to his own use Lam. 279. Dal. 264. Crâ— 36. a. nu 10. A servant not being an apprentice to go away with the goods of his master above 40 shill which were in his custody Lam. 279 280. Dal. 264. Carrier to convey away or convert to his own use the goods after they are brought to the place appointed by the owner Dal. 264. Lam. 279. He to whom the key of ones chamber door is delivered openeth the door and taketh away the goods Lam. 279. Dal. 266. A servant receiving 20 li. in gold of his master to keep changeth it into silver and runneth away with it for gold and silver are both of one nature viz. money Dal. 265. Cro. 50. a. Lam. 280. A guest is harboured who carrieth away
concubine is a good plea upon an appeal tâ—â— it is no rape otherwise of another mans cocubine Lam. 257. Cro. 47. b. Stam. 24. Dâ—â— 290. Force without carnal knowledge is no raâ—â— Lam. 257 258. See the statute de Officio Coronatorii mâ—â— 4 E. 1. Complaint must be made within sodaies but otherwise in an appeal A woman that is ravished ought presenâ— to levy hue and cry and to complain theâ— presently to some credible persons Dal. â—â— Cro. 100. a. Stam. 22. indictment of rapâ— no time to be observed To ravish a woman who consenteth â— fear of death c. is ravishment for consâ—â— ought to be voluntary and free Dal. 290. â— 48. a. Consenting after rape doth not hinder â—ut that the husband and if she have no â—usband the father or next of bloud may â—ursue the ravisher to have him convicted â— R. 1â—3 Rates vide Taxation Rebellious assemblies The statutes 1 M 12. and 1 Eliz. are disâ—â—tinued Dal. 222. Recognizance Recognizance is a bond of Record testifyâ—â—g the Recognizer to owe a certaim sum of â—â—ny to some other and the acknowledgeâ—ent of the same is to remain of record and â—ne can take it but onely a Judge or Officer â— Record Dal. 334. Every Recognizance taken by a Justice of â—â—ace must be made by these words Domino â—egi upon pain of imprisonment of any perâ—â—n that shall take it otherwise 33 H. 8. c. â— Cro. 196. b. nu 11. Lam. 162. Dal. 175 â—9 Sureties in Recognizances ought to be Subâ—â—dy-men and they must be two besides the â—â—rty himself Lam. 101. Dal. 175. It is in the discretion of a Justice of Peace â—he take a recognizance ex officio to appoint â—â— allow the number of the sureties their sufâ—â—ciency in goods and lands the sum of moâ—ey and how long he shall be bound Dal. 174. â—am 100. If a Justice of Peace be deceived in the ability of the sureties he may compel the party to put in another Lam. 100. Dal. 178. Recognizance of the Peace without expressing in the condition that it was for keeping of the peace seemeth void Lam. 103. Dal. 175. So it is if a recognizance be that a recognizer shall not maim or beat A. without expressing keeping the peace Lamb. 103. Dal. 175. Recognizance comprehending no time oâ— appearance but generally to keep the peace is good Lam. 103. Dal. 176. Recognizance for the peace upon a suppâ—cavit is not of necessity to be returned until â—ertiorari Lam. 109. Dal. 177. Recognizance taken to keep the peace against one especially quaere if it be good Lam. 104. Dal. 176. Recognizance taken to belevied only of the goods or only of the lands of the cognizer seemeth to be good enough Lam. 104. Dal. 167. Wife or insant under the age of discretion are to be bound to the peace by their sureties only Lam. 101. Recognizance taken ex officio if default of appearance be made may be removed by Certiorari Lam. 109. Dal. 178. Recognizance not forfeited is discharged by the death of the King of the cognizer oâ— the party suing for it if it were against him alone Lam. 113. Dal. 141. The sureties dying the recognizance is good against the executors Lam. 113. Dal. â—41 Recognizances taken are to be certified notâ—ithstanding the death of the King Lam. 103. â— of the recognizer or of the party at whose it it was granted Lam. 113. The Recognizance being forfeited the Juâ—ces shall in discretion require new sureâ—s or commit him to prison Lam. 114. Dal. â—3 Recognizance of the peace brought into â—e Custos Rotulorum and not pursued by â—e party may be called upon for the King â— the Clark of the Peace ibid. Justices of the Peace cannot award process â—â—on a forfeited Recognizance but it must â— certified into the higher Court except reâ—gnizance for alehouses Lam. 589. Dal. â—7 Cro. 167. a. 196. b. nu 9. and the cause â— the forfeiture Dal. 177. Recognizances or examinations taken conâ—erning suspects or felons are to be certified â— the next general goal-delivery 2 3 P. â— M. c. 10. Lam. 212. Recognizances taken by a Justice of Peace â— officio are to be brought into the Custos Roâ—lorum at the next general Sessions Lam. â—9 Dal. 177. Cro. 139. a. but no pain by â—â—e statute of 3 Hen. 7. 1. if he do not Br. â—eace 11. None but the King can pardon a Recogniâ—nce once forfeited Lam. 111. Cro. 140. b. â—al 181. Recognizance taken where the Justice hath no authority is void And taken by authority if the Justice insert other matter â—it is voâ—d Cro. 196. b. nu 7. A Recognizance taken by a Justice of Peace is a matter of Record so soon as iâ— taken and acknowledged although it bâ— not made up but entred into his book nay although it be not entred Dal. 336. Staâ— 77. b. E. Brook Record 58. Reconciliation vide Treason Records Records be nothing else but memorials oâ— monuments of things done before Judgeâ— that have credit in that behalf Lam. 63. If a Record say any thing no man shall bâ— received to aver or speak against it â—â—â— 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 alâ— over them Lam. 64. The Record or Testimony of a Justice oâ— Peace is in some cases of greater force theâ— an endictment of a Jury and against it the party shall not be admitted to traverse Lam. 65. Embezelling of a record is felony but noâ— to be dealt withal by Justices of Peace Lam. 231 549. Precepts for surety of the Peace special 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 Justices of Assize at their Goal-delivery as Justices of Peace are to be left with the Clark of the Peace to be brought to the next Sessions of the Peace Lam. 391. One pleadeth a record before other Justiâ—es by way of justification the Justices ought â— give him day to bring in the record Lam. â—65 A Justice of Peace upon a Commission â—eing convicted by oath of twelve men of â—mbezeling wilful rasing of an indictment â—â— maliciously enrolling that for an indictâ—ent which was not found or changing an â—â—dictment of trespass into an indictment of â—â—lony loseth his office and shall be fined and â—â—prisoned according to his offence Lam. â—31 To rase a record is felony yet if a Judge do embezel or rase a record it is but misprâ—sion in a Judge Dal. 283. Br. Coron 174. Treason 31. Embezeling of any record writ return panel process or warrant of Attorney â—n Chancery Kings Bench Exchequer Common pleas or Treasury is felony in the parties their counsellers procurers or abetters Dal ibid. But it seemeth that Iustices of Peace have â—â—ot to do with these felonies Lam. 5 9. Cro. 56. 8. H. 6. c. 12. Dal. 283. for that these records
thereof forfeiteth the armour and is to be imprisoned for three months without bail 3 Iac. c. 5. La. 617 618. Regrator Regrator is he that buyeth live or dead victuals tallow or candles in the market and â—elleth the same there or within 4 miles â—3 El. c. 25. Lamb. 450. 5. Ed. 6. c. 14. 5. El. c. 12. Release Just of P. compelleth one of his own motion â—o give surety of the peace untill a certain day â—â—e may by like discretion release it before â—he day Lam. 110. Cro. 139. b. nu 16. Dal. 179. Party bound generally to keep the peace without any day limited it is for life and no man can release it Lam. 110. Dal. 179. Cro. 142. â—â— Brook Peace 17. Recognizance is taken at the suit of A. to keep the peace against him onely A. may reâ—ease it before the same Justice or any other that will certâ—fie it Lam. 110. Dal. 179. Cro. â—39 b. nu 10. 169 a. That release being cerâ—ified at the next Quarter Sessions will disâ—harge the party bound of his appearance so â—hat he shall not be called upon for his recogâ—â—zance Dal. ibid. Cro. 139. b. nu 15. Recognizance is taken versus cunctum poâ—â—lum praecipuâ— versus A. yet A. may release it before any Justice tamen quaere Lam. 110. Cro. 142. b. Bro. Peace 17 Dalt 180. Recognizance is taken by discretion or upon suit the King cannot release or pardon it before forfeiture Lam. 111. Cro. 140. b. 141. a. Dal. 180. The peace being released the recogniz must not be cancelled but certified at the Sessions with the release lest peradventure the peace was broken before the release made Lam 111. Dalt ibid. Cro. 139. b. nu 16. 169. a. Whether the good abearing taken upon complaint may be released by any special person Quaere Lam. 123. Dal. 197. Neither the Justice of the Peace nor the party can discharge a recognizance of the Peace by the release out of the Sessions for first the recognizance is made to the King and therefore none but the King can release oâ— discharge it Secondly the recognizance iâ— taken for the parties appearance and the release cannot discharge the appearance Dalt 180. Brook Peace 17. The appearance is requisite notwithstanding any release made first for the safety of the recognizance secondly that others may object in open Sessions if he have broken the Peace that he may be indicated thereupon Dal. 180. E contra Cro. If the Justice of Peace at the Sessions do certifie the release by this the obliged is discharged and shall not be called upon for his recognizance nor his default recorded for the principal cause of the recognizance 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 accessary to the same and the intent is onely that then he should finde new surety if the party will not release and this is the common usage Cro. 139. nu 15. Vide plus Recognizance Forfeiture Religious Houses The owner of the site of a religious house dissolved in yearly value under 200 pound must keep a continual house there or lose 20 nobles a moneth to be enquired of and determined at the Quarter-Sessions 27 H. 8. c. 22. 5 El. c. 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 felony Lam. 229. Dal. 274 275. Rescous of a felon before arrest is no felon other wise after arrest Lam. 230. Dal. 276. Quaere Stam. 31. Rescuing a prisoner going to the gallows is felony Dal. 276. A warrant being granted by a Justice of the Peace for unlawful hunting of Deer or Conies to make rescous thereupon is felony Dal. 75. Rescous against an officer or person authorized to execute the statute of 39 El. c. 4. loseth 5 pound and is to be bound to his good behaviour Dal. 128. If a stranger take one out of prison with the prisoners assent if he be in for felony it is felony by the common law in the rescuer and he is a principal by the statute De prisonam frangentibus Cro. 38. a. nu 2. One is in the stocks for suspition of felony and is let out by a stranger it is felony although the party who escaped is not indicted Cro. 35. a. nu 3. Restitution of Possession None shall have restitution but such as are put out of house or land Dal. 214. Cro. 162. b. Lamb. 153. If it be found upon enquiry that any have entred or held with force contrary to the statute 8 H 6. c. 9. the Justice of Peace may re-seise and put the party so put out in full possession Cro. 161. b. Dal. 214. but the puttinâ— out must first be found Lam. 152. Cro. ibid. The Justice of Peace needeth not to stay oâ— stand upon the right or title of either party Dal. 214. Cro. 164. a. No restitution is to be made where there was only a possession in law Lam. 153. Dal 217. In a restitution it is not enough that thâ— putting out be found unless the indictment dâ— also contain in it adhuc extra tenet Dal. 214 Cro. 163. b. Lam. 153. Restitution ought to be made to none other then the party put out Dal. 214. Cro. 162 b. Lam. 153. After the entring or detaining with forcâ— found the Justice of Peace may by himselfâ— or precept to the Sheriff under the test oâ— himselfe alone restore the party grieved to hiâ— possession Dal. 216. Lam. 156. None can make restitution but they before whom the Indictment is found but the Justices of the Kings Bench either upon certificate made by the Justice of Peace before whom iâ— was found of the presentment or if the said presentment or indictment be removed by Certiorari Dal. 216. Lam. 157 158. If the Sheriff return upon a precept or wriâ— of restitution that he cannot make restitutioâ— for resistance he shall be amerced for he may take the power of the county Dal. 216. Lam. 158. Câ—o. 163. b. Justice of Peace before whom the presentment was made dieth before restitution quare whether the Justices at the Sessions can award it Lam 157. Justices of Peace ought not to award restitution where the indictment is insufficient in Law either in matter or form Dalton 215. In the indictment 1. not only an entry must be but also a putting out 2. the Indictment must express the quality of the thing viz. whether it be messuage cottage meadow pasture wood or land arable 3. it must say Et adhuc extra tenent 4. Expuleâ—â—nt adhuc extra tenent 5. one of these two words manu forti or cum multitudine Dal. 214 215. Cro. 169. b 163. b. Lam. 153. If error or insufficiency be in the Indictment taken before Justices of Peace and restitution awarded any two Justices of those that were present at the taking thereof may at another Sessions or without Sessions grant a
the executing of the statute against vagabonds and four or five daies before by warrant to command the Constables of hundreds or towns by assistance of some of every town to make a general privy search by night for finding and apprehending rogues to be brought before the Justices at their meeting by them and punished or sent to the house of correction 7 Iac. c. 4. Dal. 130. 21 Iac. c. 28. Constables at every meeting of the Justices of Peace for the execution of the statute of rogues are to give an account upon oath in writing and under the hand of the Minister of the parish what rogues c. they have apprehended both in the same search and also between every meeting and how many havâ— been punished by them or sent to the house oâ— correction and in default thereof be fineâ— under 40 shill as by the most of the Just shaâ— be assessed 7 Iac. c. 4. Dal. 130. No man is to be put out of the town wheâ— he dwels or sent to his place of birth or laâ— habitation but onely a vagrant rogue Daâ— 126. Res 9. Lam. 209. So of them whose terms of their houses arâ— expired and servants whose times of servicâ— are ended for they must provide themselveâ— houses anew if they be not impotent Dal 126. Dangerous rogues are to be banished oâ— condemned to the gallies by the Justices aâ— their Quarter-Sessions 39 El. c. 4 Lam. 427. Dal. 287. Rogues by judgement of most of the Justices of Peace in open Sessions adjudged incorrigible ought to be branded on the left shoulder with the letter R. and then to be sent to their dwelling if they have none then to their last dwelling-place where they dwelt for a year or if that cannot be known to their places of birth 1 Iac. cap. 7. If he offend again in begging or wandring it is felony without clergy 1 Iac. c. 7. Lam. 428. Dal. 287. Souldiers and mariners having a testimonial under the hand of the Just next to his landing place of the time and place of his landing limiting the place to which he is to pass and the time if he pursue the said licence he may ask and take such necessary relief as any will give him 39 El. c. 17. Lam. 303. Dal. 126. Two Justices of P. may send to the house of correction as a sturdy rogue a person able to work threatning to run away and leave his family upon the parish being proved by the oath of two before the said Justices unless he can put in sufficient bond for discharge of the parish 7 Iac. c. 4. Lam. 331. He which runneth away and leaveth his charge to the parish is an incorrigible rogue 7 Iac. c. 4. Rome vide Pope Co. 11. 36. Rout. Rout is where three or more persons be disorderly assembled to commit any act with â—orce whether they put in execution their purpose or no if they so do go ride or move forward after their first meeting Lam. 176. Dal. 221. A rout is only by some opinions where three or more do assemble for their own common quarrel As the inhabitants of a town assemble to pull down a house wall pale ditch or other inclosurâ— pretending to have title of common or a way there or to beat a man that hath done some publick offence Dal. 221 222. Sacriledge SAcriledge is the felonious taking of goods out of any Church or Chappel Lam. 420. Sacraments Three Justices of Peace may take accusation by oath of two witnesses against such aâ— deprave the Sacrament of the Supper and examine what witnesses were by and binde them all to give evidence at the day of trial and they being found guilty shall be imprisoned and fined 1 Ed. 6. c. 1. Dal. 134. Quaere Lam. 416 366. Three Justices of Peace one being of thâ— Quorum may award against one indicted upon the statute of 1 E. 6. c. 1. for depraving thâ— Sacrament a Capias Exigent and Capias â—tlegat into any shire 1 Ed. 6. c. 1. Justices of Peace in their Q. Sessions may enquire hear and determine of all recusantâ— and offences as well for not receiving thâ— Sacrament according to 3 Jac. c. 4. as noâ— repairing to Church And in their Sessionâ— wherein there shall be indictment takeâ— for not repairing to Church or not receiving the Sacrament to make Proclamatioâ— to render their bodies to the Sheriff beforâ— the next Sessions and in default a conviction 3 Jac. c. 4. Lam. 616. Salmons vide Fish Salt-peter-men Salt-peter-men cannot dig in the mansion house of any subject without his assent in regard of the danger that may happen thereby in the night-time to the owner his family and goods by thieves and other malefactors Co. 11 82. Dal. 209. Vide House School-master To keep or maintain a School-master which resorteth not to Church or is not alâ—owed by the Bishop or Ordinary of the Dioâ—ess the maintainer forfeits 10 pounds for â—ach month and the School-master to be â—mprisoned for a year without bail and disâ—bled 23 El. c. 1. Lam. 419. Any keeping a School or being a School-master out of the University except in pubâ—ick Grammer-school and except in such Noâ—lemen and Gentlemens houses as are not Reâ—usants and licensed by the Arch-bishop or Guardian of the Diocess both keeper and School-master forfeits 40 s. a day 1 Jac. c. 4. Seditious Sectaries One Justice of Peace may within three months after the conviction of any seditious Sectary or Popish Recusant described in the â—tatute of 35 El. c. 1. require the submission of him to conformity and in default of such submission may require him to abjure the Realm and if he refuse or after return without licence it is felony 35 El. c. 1 2. Lam. 204. Sermon vide Preaching Servants vide Labourers and Apprentices Serving-men vide Testimonial The Sessions of the peace is an assembly of any two or more Justices of Peace one being of the Quorum at a certain day and place within the limits of their Commission appointed to enquire by a Jury or otherwise to take knowledge and thereupon to hear and determine according to their power of causes within the Commission and statute referred to their charge Lam. 378. 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 Sheriff and by him to be returned at the Sessions Lam. 381. Precept for summoning the Sessions may be mad-by any two Justices 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 Chancery Lam. 382 383. Sessions held by one Justice of Peace is not good although it were summoned by two and styled by their names but by two sufficient Justices it is good though it be styled by the name of three Lam. 383. Quarter Sessions are to be held four
County to cause proclamation to be made of the several rates so rated in so many places of their several authorities as to them shall seem convenient and as if the same had been set down printed by the Lord Chancellour or Keeper after declaration thereof to the Kings Majesty and certificate thereof into the Chancery 39 El. c. 12. 1 Jac. c. 6. Any giving wages contrary to the rates appointed and proclaimed loseth 5 pound 5 El. c. 4. 1. Jac. c. 6. Lam. 474. Every Justice of Peace not having lawful excuse testified by oath of one that is in subsidy 5 pound c. that shall not assemble at Easter Sessions or within 6 weeks after to rate the wages of servants c. shall lose 10 pound 5 Eliz. cap. 4. Lam. 632. Any having authority by 5 Eliz. c. 4. to rate wages may rate the wages of labourers weavers spinsters and of any working by day week moneth or year or by great 1 Iac. cap. 6. No penalty for not certifying the rates of wages into the Chancery according to the statute of 5 El. c. 4. if they be duly proclaimed 1 Iac. c. 6. Rates of wages ingrossed in parchment are to be kept by the Custos Rotulorum if in a Corporation amongst the records thereof â— Iac. c. 6. Any two Justices of Peace may imprison without bail the master for ten daies for givâ—ng and the servant workman or labourer for 21 daies for taking greater wages then are â—ssessed by the Justices of Peace and proclamation thereof made in that county 5 El. c. â—4 Dal. 80. Every retainer promise or paiment of wages or other thing whatsoever contrary to the true meaning of 5 El. c. 4. and every writing and bond for that purpose is utterly void Dal. 80. Justice of Peace may have his action of debt against the Sheriff for his wages at the Sessions Cro. 177. a. nu 23. Justices of Peace shall be paid their wages out of the fines and amerciaments of the same â—essions and they ought to assess the fines in the Court and then the Clark shall indent the estreats betwixt the Justices and the Sheriff and the Justices shall put their names thereto to the end the Sheriff may know to whom to pay wages and levy the same to pay to the Justices whereupon the Sheriff shall be allowed the same upon his accompt in the Exchequer 14 R. 2. c. 11. Lam. 628. Cro. 177. a. nu 30. Wainlings Any killing any Wainling Calves under two years old to fell lose 6. shill 8 pence for every offence determinable at the Quarter Sessions 24 H. 8. cap. 9. 1 Iac. cap. 25. Lam b. 453 607. Lying in wait to maim or kill any other to be fined Lam. 446. Warrants The Justice of Peace his command by woâ— of mouth is in some cases as strong as his prâ—cept in writing Dal. 336. As A Justice of Peace seeing a Riot may coâ—mand the Rioters to be arrested and caâ— them to finde sureties for their good behavâ—our Dal. 336. So upon affray assault threatning or aâ— other breach of the Peace done in his prâ—sence he may command the officer being prâ—sent to arrest such offenders to finde sure for the peace Dal. 336. But for causes out of his presence one mâ— not arrest another upon the Justices commanâ— but by precept in writing Dal. ibid. Br. Peâ—â— 7. A warrant in writing must be under tâ— Justices hand and seal or under his hand â— least Dal. 336. Lam. 85 88. But it is better under seal Dal. 337. A warrant for the peace or good behavâ— our must contain the special matter Dal. 33â— La. 87. but it is better under his seal Dalt 33â— A warrant for treason murder or felony â— other capital offence and such like need nâ— contain the special cause Cro. 148. a. Dal. 33â— A warrant is better if it contain and beâ— the date at the place where it is made the yeâ— and day when it was made Cro. 174. a. Dal. â—â— am 88. Justice of Peace being out of the County granteth his warrant to be served in the â—â—nty the officer must carry the party beâ—e some Justice of Peace within the County â— ibid. Lam. 91. The County written in the margent of â—e warrant albeit it be not expressed in the â—arrant and in Com. praedicto shall have reâ—tion to the County set in the margent â—â— 102. b. nu 29. Justice of Peace may make his warrant to â—e before himselfe yet upon a warrant for â— Peace the usual manner is otherwise Co. 5. â— Dal. 170 338. â—n some cases a Justice of Peace may grant warrant to attach the offender to be at the â—â— Sessions of the Peace to answer his said â—ence Dal. 338. Justice of Peace may grant his warrant aâ—ainst one that hath broken the peace or â—mmitted misdemeanors against the peace â— finde sureties for the peace or good beâ—aviour Dal. 34 162 165 338. Justices of Peace in divers cases as the case â—ll require may grant their warrant for the â—ies neglect or other default and such â—trant may be either to attach him to be at â—â— next Sessions there to answer c. or to â—â—g the offender before the said Justices or â—y other Justice c. who finding cause to â—â—d him may bind him to the next Sessions answer the said default Vide Dal. 338 â—0 Where the statute giveth authority to Justiâ—â— of Peace to cause another to do a thing â—â—ey have power of congruity to grant their â—â—ant to bring such persons before them that so they may take order therein Quâ— Dal. 338. A Justice of Peace maketh a warrant â— yond his authority it is not disputable Constable or other inferiour officer but â—â— be obeyed Lam. 65. Dal. 8 242 342. But if the Justice make a warrant to doâ— thing out of his jurisdiction or in a caâ— wherein he is not a Judge if the officer eâ—â—cute the warrant he is punishable Dal. 3â— Cro. 147. b. Dal. 8. Lam. 91 92. Warrant for the Peace may be directed any indifferent person by name though hâ— not officer yet it is better to a known officâ— Dal. 340. Cro. 147. a. Lam. 88. A sworn and known Officer need not shew his warrant but the servant of the stice must shew it if it be required Dal. â—â— Lam. 89. Cro. 148. a. A warrant directed to the Constable â— to a stranger joyntly and severally and eâ—â—cuted solely by the stranger is good Cro. â—â— b. Dal. 340. Warrant directed to two joyntly to arâ— another may be executed by one of the Dal. 340. Lam. 89. A Just of P. may make his warrant to Sheriff to attach one to bring him to Sessions to finde surety of the Peace 136. a. A warrant being directed by a Justiceâ— Peace to the Sheriff he may by word coâ—mand any sworn or known officer unâ—â— him without precept in writing Dal. 3â— Lam. 89. If a Justice of Peace his warrant be dire â—â—rected to the Sheriffs Bailiff
must certifie the recognizance taken for Alehouses at the next Quarter 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 necessary provision for his houshould shall lose after the rate of 6 shillings 8 pence for every barrel For the levy and disposal of the penalty see Victuals 4 Iac. 4. Alehouse-keeper or Inne keeper suffering any tipling contrary to the 1 Iac. cap. 9. 4 Iac. cap. 5. 7 Iac. cap. 10. 21 Iac. cap. 7. forfeiteth 10 shillings and every such tipler 3 shillings 4 pence for not ability of paiment the Alehouse-keepers c. to be committed to the Gaol till the penalty be payed which penalty is to be paid within 6 daies or the distress to be sold 1 Iac. cap. 9. the tipler to the tocks for four hours 4 Iac. cap. 5. Dalt 28. Car. 4. Justice of Peace hath power in those cases â—o minister an oath to witnesses wherein â—ath of one witness is sufficient 1 Car. cap. 4. â— Iac. 9. 21 Iac. 7. The Constables and Churchwardens negâ—ecting to levie or to certifie the cause â—hereof by 20 daies to the Justice that granted the distress doe forfeit 40 shillings â—n default thereof to be sent to the Gaol till paiment be made 1 Iac. cap. 9. Dal. 28. Cro. 78. a. Alehouse keepers and Inne-keepers ought to lodge travellers Quaere how he is compellable and see the opinion of Sir Iames Ley chief Justice at Lent Assises 1622. Dal. 28. No Inne-holder Alehouse-keeper or other Victualler shall be compelled to sell victuals to others or to have lodging except the party first pay ready money Dal. 28. Cok. lib. 9. fol. 87. b. Brook action surle case 76. Selling of less then a full Ale-quart of best Beer or Ale for 1 d. and of 2 quarts of small for 1 d. upon oath of one witness the penalty is 20 shillings 1 Iac. cap. 9. 4 Iac. c. 5. 21 Iac. cap. 7. Dal. 26. Any tippling in any Inne Alehouse or Victualling-house wheresoever his habitation be forfeiteth 3 shillings 4 pence 21 Iac. cap. 7. Dal. 28. A feme covert keepeth an Alehouse and selleth Ale c. without license contrary to her husbands will the husband is punish able Dal. 30. The voluntary confession before one Justice of Peace of any offender against the Statute of 1 Iac. cap. 9. or 4 Iac. cap. 5. iâ— sufficient to convince the party offending And after confession the oath of the party confessing is proof against any other offending at the same time Dal. 26. 21 Iac. cap. 7. Alehouse-keepers are disabled to keep Alehouse for three years after 1. If they suffer tipling Dal. 31. 2. If they sell not a quart of the best and two quarts of smal Beer or Ale for a peny Ibâ—d 3. If they be convicted by Indictment at the Assises Sessions or Leet for being drunk 4 Iac. cap. 5. or before one Justice upon oath of one witness 21 Iac. cap. 7. 4. Continue drinking in another Alehouse 7 Iac. 10. 4 Iac. 5. Dal. 32. Vide plus Victuallers confession In all these cases if he be licensed again within three years such license is void and he to be punished as victualling without licence Dal. 32. 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 twenty shillings to the use of the poor of the Parish to be levied by way of distress by warrant from the Justice of Peace convicting and within three daies to be sold 3 Car. cap. 3. Where there is no sufficient distress or non-paiment within six daies after conviction the offender is to be openly whipped as the Justice of Peace shall limit 3 Car. cap. 3. The Officer refusing or neglecting to execute the Justice his precept is to be committed to the Goal until he do or procure the offender to be whipped or pay 40 shillings to the use of the poor of the said Parish 3 Car. c. 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 general Sessions Ibid. He that is punished by the Act 3 Car. 3. not to be punished by the Statute 5 Ed 6 cap. 25 è contr Alias dictus vide Eudictment Alien and his trial vide Trial. Allegiance vide Supremacy Amerciaments The owner of a beast knowing it to be harmful and not restraining it whereby it killeth one is to be arraigned for his death and amerced for the King Lamb. 239. Cro. 24. nu 45. Dal. 238. Offenders in gathering more amerciaments then are in their lawful 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 Sheriffs 11 H. 7. c. 15. Estreats of Amerciaments must be by Indenture between the two Justices appointed for oversight of Sheriffs books and the Sheriff or under Sheriff under their seals or else the Sheriff to lose 40 shillings 11 H 7. cap. 15. No amerciament for default of appearance when the Sessions are not summoned by precept Lam. 381. or when the Summons is at one place and kept at another Ibid. Or when the Sessions were the same time at two places and the party appeared at one of them Lam. 384. Justices of Peace cannot amerce their fellow for absence from the Sessions but a Justice of Assise may amerce a Justice of Peace for his absence from the Goal-delivery Lam. 385. Clerk of the Peace Coronors Sheriffs Bailiffs of Franchises Constables of Hundreds may be amerced for default of appearance at Sessions Lam. 395. Amerciaments of Jurors for concealment Vide Jurors Lam. 400 401. 3 H 7. cap. 1. Appearance Recognizance taken for the Peace against all the Kings people and to appear at the next Sessions by Supersedeas out of the Chancery testifying surety found there against all the Kings people for ever will discharge the appearance of the next Quarter Sessions Otherwise it is if it be but untill a day certain Lam. 112. Dal. 173. Who shall be amerced for default of appearance and who not vide Amerciaments Release Appeachment vide Approvers Appeal Justices of Peace can take no appeal of any felony Lam. 550. Stamf. 65. a. quaere tamen Appeal of robbery vide Attainder Apprentices One thought fit to be bound as an Apprentice upon complaint made and refusing to be bound shall be committed till he will be bound 5 El. 4. Dal. 78. Upon complaint of an Apprentice one Justice may take order betwixt his master and him and for want of conformity in the master may bind him to appear at the Quarter Sessions Dal. 78. and to be discharged by four Justices If default be in the â—pprentice it seemeth one Justice may send him
is a negligent escape Dal. 313. A Justice of Peace bailing contrary to the law or not certifying the bail and examination of the felon is fineable by the Justices of Goal-delivery Lamb. 345. 1 2 P. M. c. 13. Cro. 167. b. Dal. 313. Where one is bailable he must offer sureties Dal. 313. For what offences a man is not bailable by a Justice of Peace by the statute of W. 1. 3 Ed. 1. 15. Cro. 156. a. Lam. 345. 1. Abjured the Realm Dal. 316. 2. Approver or appellour ibid. 3. Appealed by an approver ibid. 4. Burning a house feloniously ibid. 5. Excommunication taken at the Bishops request ibid. 6. Felon taken with the manner ibid. 7. A known thief and defamed ibid. 8. Outlawed ibid. 9. Prison-breaker ibid. 10. Traitor to the King himself ibid. 11. Falsifier of the Kings money Dal. 317. 12. Counterfeiter of the seal ibid. 13. Attainted or convicted of felony ibid. 14. Accessary to two felonies if one principal be attainted Dal. 319. 15. Death of man if he be principal ibid. 16. Taken upon process of rebellion issuing out of Chancery or Star-chamber Lam. 347. Dal. 320. 17. Arrested by Process Writ Bill or Warrant in an action personal ibid. 18 Persons convicted of felony praying Clergy and reprieved Cro. 154. a. nu 2. Dal. 318. For what other offences a man is not bailable by a Justice of Peace A Justice of Peace is not to bail but in causes which he may hear and determine Lamb. 347. Dal. 320. Murder or any other homicide Dal. 315. Confessing the fault of manslaughter ibid. Lumb 34. Taken in the manner for killing ibid. Known to have killed a man ibid. By the King or his privy Councel Dal. 316. By the absolute not ordinary command of the Kings Justices ibid. For trespasses in the forrest West 1. cap. 15. Confessing the felony whereof he is accused Cro. 152. b. Imprisoned for surety of the peace 23 H. 6. c. 10. Lamb. 346. Special commandement of any Justice 23 Hen. 6. cap. 10. Lamb. ibid. Where Bailment is taken away by Statute vide Lam. 349. Dal. 320. For what offences a man is bailable Taken for light suspicion Dal. 317. Indicted of petty larceny not being formerly guilty of another ibid. Charged 1. With the receipt of thieves of felons Dal. 318. 2. Of commandment force or aid in felony done ibid. 3. With the trespass that toucheth not loss of life or member Dal. 319. West 1. 15. if not prohibited by some later Statute appealed by an Approver being no common thief nor defamed after the death of the Approver Dal. 320. Indicted of manslaughter and acquitted Lam. 347 Acquitted of murder or manslaughter at the Kings suit bailable during the year 3 H. 7. cap. 1. Lam. 347. Imprisoned by process out of the Sessions upon penal laws not forbidding baâ—l bailable out of the Sessions by two Justices one being of the Quorum Lam. 348. Dal. 319. Accused of homicides which are not felony Accessary to felonies Dal. 318. If they be found of good fame until the principal be convicted or attainted but after the principal is attainted he is not bailable except he plead not guilty or other plea Dal. ibid 321. Principal in burglary Dal ibid. Principal in an indictment of robbery Dal. ibid. Principal in an appeal â—f robbery Dal ibid. Attached by Sessions Process upon indictment of trespass may be bailed by one Justice of Peace to appeare at the day to answer the indictment and may make his Supersedeas de cap. indict and so of the exigent Dal. 319. In every bailment which must be by two Justices one of them being of the Quorum the Just must be present together at the time of bailment who before bail taken must examine the prisoners receive the information of them that bring them all which with the bailment they must put in writing signed or subscribed with their own hands and certified at the next Goal-delivery to be holden in the County 1 2 Ph. M. c. 13. Dal. 314. The said Justices have authority to bind all persons that can give evidence to appear the next Goal-delivery to give evidence against the party at the time of his trial Dal. 303. Some statutes not only take bail from the offenders thereof upon their solemn conviction after judgement but also upon the record of one or two Justices or by examination or proof of witnesses or other such private trial had before them Lam. 349. For the form of bailment Lam. 252. The form of the liberate Dal. 396. Lam. 352. Bailiffs Bailiff was punishable in false imprisonment if he compel the party to go before any other Justice then he chuseth Lam. 89 94. But now the law is adjudged to be that the Bailiff or Constable shall chuse the Justice Dal. 59. Coke l. 5. 59. b. Fosters case As the Bailiff may not compel him that is arrested for surety of the Peace to go before him that granted the warrant so it is not reasonable that the Bailiff shall be drawn out of the division and limit where they both dwell Lam. 95. Dal. 171. A Bailiff arrests a man without a warrant for the Peace and afterwards procures one he is punishable in false imprisonment Dal. 341. Cro. 149. a. Lam. 90. A Bailiff arrests one by warrant for the Peace the Justice will not binde the party nâ— action lieth against the Bailiff Dal. 1. Lam. 9â— Two Justices of Peace one being of the Quorum may give unto the Bailiffs of Franchises before they exercise their offices the oaths of 1 El. of supremacy 27 El. touching their offices 27 Eliz. cap. 12. Bailiff taking above four pence for an arrest is to forfeit 40 li. 23 H. 6. cap. 10. and lose treble damage to the party damnified Bailiff of the Hundred that executeth not a warrant against any defendant in the Sheriffs Court shall lose 40 shill 11 H. 7. c. 15. Vide plus Warrants Bakers vide Assise of Bread Barettor A common Barettor is he who is either a common mover stirrer up or maintainer of suits in law in any court or quarrels in the county Dal. 36. Lam. 440. Cro. 84. a. and is to be bound to his good behavior and imprisoned Lam. 440. Vide plus Dal. 36. Coke 8. 36. Bargain and Sale vide Inrolement Bark of Trees vide Leather Bastardy 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 child and punishment of the reputed father and mother 18 El. 3. 7 Jac. c. 4. Dal. 37. The reputed father and mother not performing the order set down by two such Justiâ—es the delinquent is to be sent to the Goal without bail except they put in sureties to â—erform the order or appear at the next general Sessions of the Peace Dal. 38. If the Justices of
reward for discharging any from service lose ten times so much or 20 li. 2 E. 6. c. 2. Lamb. 482 483. Captainâ— or others having the charge of men for war keeping back part of their paâ— lose to their souldier treble so much as is noâ— paâ—d or for licencing any to depart lose ten times the gain 2 E. 6. ibid. Vide plus Travelling Castle vide Felony Cattel Buyer of live Oxen Runts Steers Kine Calves Sheep Lambs Kids and Goats if he sell them within five weeks after loseth the double 5 E. 6. c. 1â— Lam. 452 Vide Badgers Certificate Recognizance and release of the Peace both are to be certified at the next Quarter Sessions 3 H. 7. ca. 1. but no pain by the Statute to the Justice if he do not Lam. 111. Dal. 177. Cro. 139. a. nu 11. One that is bound to the Peace maketh default at the day of his appearance the Recognizance with the record of the default of his appearance must be certified into the â—xchequer Kings Bench or Chancery So if it be presented that he hath broken the Peace Lam. 589. Sheriff must certifie to the Justices at the next Sessions in dictments lawfully found and taken at his turn or law-day 1 E. 4. c. 2. the penalty is 40 pound Clark of the Crown must certifie the names of any that have been out-lawed of felony or Clarks convicted or attainted upon the letter of a Justice of Peace or lose 40 shillings 34 H. 8. c. 14. Transcript of every attainder out-lawry or conviction had before the Justices of P. must be certified into the Kings Bench by the Clark of the Peace within 40 daies after the attainder if it be in Term if not within 20 daies after the beginning of the next Term on pain of 40 shillings 34 H. 8. c. 14. Clark of the Peace must certifie to the Ordinary a transcript of the Clarks convicted or attainted 34 H. 8. cap. 14. Quaere because by 18 El. c. 6 no delivery to the Ordinary Lam. 588. Custos Rotulorum of the County where one is attainted as principal of felony upon writing of the Justices of the Gaol-delivery or Oyer Terminer of another County where one is accessary unto the other must certifie what is done with the principal 2 E. 6. c. 24. Lam. 588 589. Where the Justices are to receive indictments and no power to proceed upon them they must certifie them into the Kings Bench without Certiorari Lam. 589. Abjuration of a seditious sectary made in open Quarter Sessions must be certified at the next Assizes unto the Justice of Assize 35 El. c. 1. Lam. 590. Presentment that goods and cattles of one attainted of felony be in others hands it is to be certified in the Kings Bench or Exchequer Lam. 590. Recognizance of an Alehouse-keeper must be certified at the next Quarter Sessions after the taking or the Justice loseth five Marks 5 E. 6. c. 25. Certificates of dockets of Purveyors vide Purveyors Certificates of transcripts of Records of the Sessions into the Kings Bench vide Clarks of the Peace Certificate of Riots vide Riots Certificate of Certiorari vide Certiorari Certificate of Examinations vide Examinations Vide plus Recognizance Certiorari Certiorari is to remove indictments or other Records to be fully heard where the Justices cannot proceed or be reversed where they have proceeded erroniously Lam. 591. A Certiorari issueth out of the Chancery and the Records are removed thither and sent thâ—ther by Mittimus to any other Court Lam. 591. Certiorari to remove matters of the Crown need not contain the cause of the removing Lam. 514. Certiorari into the Chancery hath in Cancellaria into the Kings Bench nobis mittatis Dal. 416. Cro. 132. a. Certiorari may command either the Record it self or the tenour of the Record Cro. 131. b. Lam. 515. Dal. 416. Certiorari is to be directed to the Justices Lam. 515. Justices of Peace ought upon Certiorari to remove the Record though the party that brought the Certior sueth not after to have it removed Da. 416. Cro. 132. b. 133. a. La. 516. An Indictment may be removed upon a Certiorari bearing date before the Indictment was taken Dal. 417. Cro. 132. b. 164. b. 167. b. Lam. 510. A certificate of a Certiorari ought not to omit that which did authorize the Justices to make the record neither ought they to certifie more then the Certiorari warranteth them Lam. 516. If the Certiorari vary from the Record the Justices need not to certifie Cro. 132. b. Dal. 416. A Certiorari is to send up the Indictment of A. in which others are joyntly indicted the Justices need not make certificate of any but of A. only Cro. 132. a. Lam. 517. Dal. 416. A Justice 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. 416. Cro. 132. b. 133. b. but not without Certiorari if he be put out ibid. No bills of indictment riot forcible entry assault or battery found at the Quarter Sessions shall be removed by Certiorari unless it be delivered in open Quarter Sessions and the indicted bound in ten pound to the prosecutor with such sureties as the Justices shall allow to pay within one moneth after the conviction of the indicted to the prosecutor such costs and damages as the said Justices shall allow otherwise the Justices to proceed to trial 21 Jac. â— 8. Dal. 219 220. Vide plus Certificate and Justices of Peace Challenge One indicted of felony may challenge as many as he will shewing cause but without cause he may not challenge above twenty 22 H. 8. c. 14 Lamb. 554. 28 H. 8. c. 1. What shall be a good challenge of a Juror That he was an indictor of him Lam. 554. That he hath no lands to clear yearly value of 40 shill Lam. 554. In Cities and Borroughs that he hath no goods moveables worth 40 pound Lam. ibid. That he is not Probus Lâ—galis as if he be attainted of felony forgery perjury c. Lamb. ibid. Champerty Champerty 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 sined 33. E. c. 1. Lam. 441. Chance-medly vide Homicide Chastisement vide Correction Church and Church-yard Maliciously to strike with a weapon in the Church or Church-yard or to draw a weapon to that end is loss of one of his ears or having no ears to be marked on his cheek with the letter â—â— 5 Ed. 6. 4. Lamb. 419. To keeâ— Fair or Market in the Church-yard 〈…〉 c. 6. 〈…〉 Conviction of any upon the statute 5 Ed. 6. c. 4. may be by the Justices of Peace at their Quarter Sessions by verdict testimony of two or by confession 5 Ed. 6. c. 4. Execution of the forfeiture upon the stat of striking in Church-yards to be awarded by the
party robbed take any of the thieves after Hue and Cry made it excuseth the hundred Dal. ibid. Cro. 179. b. He which is robbed shall not have his action where one of the felons is taken but if there be no Hue and Cry the village shall be amerced though one of the felons be taken Cro. 179. b. Vide plus Hue and Cry Hue and Cry For the apprehending of homicides burglars robbers and other felons hue and cry shall be made and every man shall follow the hue and cry and he that doth not shall be attached to appear before the Justices of Goal-delivery It seemeth any Justice of Peace may bind him over by the commission Dal. 299. Cro. 179. b. Hue and Cry ought to be made from town to town from country to country by horsemen and foot-men 13 Ed. 1. c. 12. 27 El. c. 13. Dal. 75. Crâ— 178. b. 179. a. b. otherwise it is no lawful pursuit to arraign a felon Upon committing of any robbery or felony the officer of the town where it was done ought to send hue and cry to every town round about him Dal. 75. Cro. 178. b. nu 2. Every Justice of Peace may cause hue and cry fresh suit and search to be made upon any murder robbery theft or other felony committed by force of the first assignavimus Dal. 49 75. Lam. 185. By a false hue and cry to enter into any house with the Constable to binde and rob the Constable and master of the house in the night is burglary Dal. 257. Cro. 32. b. nu 24. Lam. 263. Vide plus Robbery The inhabitants of any hundred either within the county wherein the robbery was done or in any other county wherein default shall be of fresh suit after hue and cry made shall satisfie the moiety of such mony as shall be recovered against the hundred where the robbery was done Dal. 132. In levying hue and cry it is necessary to give notice of the thing stollen as horse c. of the colour and special marks so of the thieves person apparel c. to search suspected places and to take suspitious persons and bring them before a Justice of Peace to â—e â—xamined â—ro 178. b. If any raise hue and cry without cause be shall be attached for disturbing the Peace Cro. 179. a. Jesuites and Seminary Priests ANy Justice of Peace within the County in which any Jesuite Seminary Priests or other Priests Deacons religious or Ecclesiastical person shall arrive or land may within three daies after take the submission oath and acknowledgement of him touching his obedience to the King and laws provided in cases of religion 27 Eâ— c. â— Lam. 198. Dal. 104. Every one understanding that any such Priest c. shall be within any of the Kings dominions ought to discover the same to some Justice or other superiour officer within ten daies after such knowledge under the pain of fine imprisonment and the Justice within 28 daies must give information thereof to one of the privy-Councel on pain of 200 marks 27 El. c. 2. Lam. 198. Dal. 104. Two Justices of Peace of the County where any of the Kings Subjects that are no Jesuites c. brought up in any Colledge of Jesuites or in Seminaries shall arrive within six moneths after proclamation made to that end may within two daies after their return take their submission under the oath of supremacy 1 El. c. 2. 27 El. 2. To receive Jesuites or Seminary Priests contrary to the statute is felony Lam. 414. 27 El. c. 2. Any within three daies after the offence committed discovering to any Just of Peace any Recusant Seminary or Popish â—riest or any Mass to have been said any of them then present there if by reason of his discovery any offender be taken and convicted he shall be freed from the danger of the offence have the third part of the forfeiture by such offence 3 Jac. c. 5. Lam. 199. Dal. 106. Imprisonments vide Prison Indictments vide Enditements Information Information against a felon whether if shall be taken by oath or no is uncertain but Lamb. 213 214 215. Dal. 307. Cro. 194. a. nu 5. do best allow it by oath so do divers Judges in their circuits No process can be awarded upon information of aâ—private person unless where the statute particularly warranteth inquiry by information as the stat of 5 El. c. 4. of labourers 5 El. c. 21. of taking of fish deer or hawks Information of such as bring a felon must be taken by a Justice of Peace so much thereof as is material he must put in writing within two daies after the examination Lame 212. 2 3 Ph. Mu. c. 10. Dal. 303. Two inform against another in matter of felony and do vary in their tales viz. in the day and place when and where it was committed such information is not to be credited Dal. 303. Cro. 100. a. The bringer of the suspected will not inform it is meet to bind him over to give evidence Dal. 206. Form of a recognizance for the informer against a felon Lam. 214 216. It is not necessary in an information for the King to recite the statute upon which the Bill is framed but to say contra formam statuti in hujusmodi casu editi provisi Cro. 104. b. nu 50 53. Informers and Promoters Informer compounding for any offence againg a penal law without consent of some of the Courts of Westminster or willingly delaying or discontinuing a sult loseth 10 liand is to stand in the pillory being convict thereof at the Quarter Sessions 18 El. c. 5. 27 El. c. 10. Lam. 439 609. the same to be heard at the Quarter Sessions All actions for any offences against any penal statute shall be commenced in the County only where the offence was committed and upon the defendants pleading Nihil debet or Not guilty the plaintiff must prove 1. the offence 2. to be done in the county 21 Jac. c. 4. No officer shall receive file or enter of record any information Bill c. untill the informer hath taken his oath before some Judge of that court that the offence was done in the same county within a year before the information or suit 21 Jac. c. 4. Ingrosser Ingrosser is he that by any contract unless by grant of land or tithe buyeth corn on the ground or other dead victuals to the intent to sell them again except buyers of barley or oats to make malt or oat-meal Victuallers not forestalling Badgers Drovers not abusing their lawful licence buyers of forein commodities except fish salt are excepted 5 Ed. 6. c. 14. 5 El. c. 12. 13 El. c. 25. Lam. 451. In-holder In-holder taking any thing for litter or excessively for hay or above a half penny a bushel above the market for oats loseth four times the value of the overplus 13 R. 2. c. 8. 4. H. 4. c. 25. Lam. 473. repealed by 21. Jac. c. 21. Vide plus
c. 1. Presentment at the Quarter Sessions for exâ—olling the power of the Pope of Rome must â—e certified by the Justices of Peace before whom it was taken into the Kings Bench â—ithin 40 daies after if the term open if â—ot then the first day of the next term or eâ—ery Justice lose 100 pound 5 El. c. 1. Popish books Printer buyer seller or bringer from beâ—ond the sea of any Popish primer Lady-â—alters c. in any language or other superâ—â—itious books in English loseth 40 shill a â—ook whereof one part to the King another â—o the informer a third to the poor of the paâ—ish where the book shall be found 3 Ia. c. 5. Two Justices of the Peace may search the â—ouse or lodging of a popish Recusant or â—hose wife is such for popish books and reâ—ques and finding any unmeet for them to â—se must deface and burn them or being of â—alue deface them and restore them to the â—wner 3 Iac. c. 5. Poor people Traveller with wife and children not being â—rogne dieth or runneth away the Town â—here that happeneth is not bound to keep â—hem where they die nor send them away â—ut only in charâ—ty except they become â—andring rogues Lam. 208. Resol 7. Parents able to work are to finde their chilâ—â—en by their labour and not the Parish Reâ—â—l 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. 99. Able bodies yet idle 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 Resol 10. by such Justice of Peace as may appoint overseers for the poor 43 El. c. 2. Lam. 209 295. Dal. 99. Able bodies yet idle and refusing to work having any lawful means to live by are not to be sent to the house of correction Resol 10. Lam. ibid. Dal. 97. It is fineable to remove or put any out oâ— the parish who are not to be put out and such may be sent back Resol 11. Dal. 98. None may take relief at any mans door in the parish but by the appointment of the overseers nor begge in the high-waies in their parish Resol 15. Parsons vicars farmers or owners of impropriations cole-mines or saleable woods are to be charged with the relief of the poor Resol 18 19. Bishop and his Chancellour and three Justices of Peace have power to examine how money for the relief of the poor appointed by the statute is bestowed and to call to account the detainers thereof 14 Eliz. c. 5. 39 Eliz. c. 18. Lam. 366. Justice of Peace proved before the â—udges of Assize by two witnesses to be in default about the execution of the statute for the poor loseth 5 li. 14 El. c. 5. Lam. 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 shill a moneth Lam. 445. 39 El. cap. 3 4. In disability of the parish or hundred to relieve the poor the greater part of the Justices at the Qu. Sessions may rate any other parish or hundred thereto 39 El. c. 3. 43. El. c. 2. Lam. 611. Beggars children at the Qu. Sessions may be bound to serve any subject in an honest calling 14 El. c. 5. 18. El. c. 3. Lam. 614. Performance or not performance of so much of the statute of 14 El. c. 5. for the poor as is not altered by 39 Eliz. c. 3. or 43. El. c. 2. 1 Iac. c. 25. is to be yearly examined at Faster Sessions Lam. 620. Overplus of the stock for maimed souldiers is to be imployed by the greater part of the Justices at the Q. Sessions to be such charitable uses as are set down in the statute for the Poor except by them it be reserved for future pension 43 El. c. 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. 96. The Justices may compel such as be of ability to take poor children apprentices and may binde such masters refusing over to the next goal-delivery so said Sir Henry Mountague at Cambridge Assizes 1618. and the statute of 43 El. c. 2. seemeth to warrant as much the words whereof are to this effect It shall be lawful for the Churchwardens and Overseers or the greater part of them by the assent of two Justâ—ces of the Peace to bind any such children to be apprentices where they shall see convenient cause Dal. 93. or the Churchwardens or Overseers with the assent of two such Justices may impose a competent summe of money upon such refuser for putting out such an apprentice and upon refusal to levy it upon the Justice of Peace his warrant by distress and sale of the offenders goods Dal. 93. If the Parents without good cause shewed refuse to suffer their children to be apprentices the Justices may binde them over to answer their contempt if the child refuse send him to the house of correction quousque c. Dal. 93. A master putteth his apprentice into apparel he cannot take it away though he part with the apprentice Dal. 96. Two Justices of Peace one being of the Quorum may send to the house of correction or gaol such as imploy not themselves in work being appointed 43 El. c. 2. Possession actual and in Law If after the death of A. another man abateth or entreth into his house forcibly before the heir of A. hath gotten any actual possession indeed the heir of A. shall have no restitution because he had a possession in law onely Lam. 153. Dal. 217. Information of ariot is a sufficient cause to â—aise the power of the county though indeed â—here were none Lam. 315. Dal. 114. Cro. 62. â— nu 22. 64. b. nu 49. Power of the county is raised without â—nowledge or information of a riot if when â—hey come they finde one it is lawful and â—hey may proceed to punish it Lam. 316. Dal. â—14 Cro. 62. b. nu 20. Power of the county in suppressing a riot â— de Riot The Justices of Peace Sheriff or Undeâ—heriff in levying power of the County may â—ave the aid of all the Knights and other â—emporal men under that degree that are aâ—ove the age of 15. and able to travel upon â—ain of imprisonment fine and ransome to â—he King Dal. 113. Lam. 315. Cro. 157. b. But it â—s referred to the discretion of the Justices how â—any or how few they will have and in what â—ort they shall be armed Dal. 113. Lam. 315. Cro. 64. b. nu 49. One Justice of Peace may take power of
of the Privy Councel licence a Popish Recusant confined five miles to travel out of his compass for such time as is contained in the licence without inserting any cause 3 Jac. cap. 5. Popish Recusant confined to five miles informing upon oath four Justices of Peace that he hath necessary occasion to travel farther and that he will make no causses staies they with the asseâ—t of the Bishop of the Diocess Lieutenant or his Deputy under their hands and seals and specifying in their licence the cause and time of travel may by licence under their hands and seals give liberty to him to travel forth of his compass all other licences to be void and any travelling without such licence not having taken such oâ—th shall forfeit as a Recusant convicted by the statute of 35 Eliz. cap. 2. 3 Iac. cap. 5. Dal. 109. Lam. 365. and any one of the four Justices may minister the oath 3 Iac. cap. 5. Lam. 296. Statute 35 El. c. 2. confining Popish Recusants to certain limits is hereby confirmed and the proviso for licensing them to goe-beyond their limits is hereby repealed 3 Jac. cap. 5. Popish Recusants convicted are not to practise the common or civil law not 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 fortress of the Kings on pain of 100 pound one moiety to the King the other to him that will sue 3 Jac. cap. 5. Popish Recusant convicted or whose wife is a Popish Recusant during recusancy not to execute any publick office or charge in the Realm 3 Iac. c. 5. Married woman being a Recusant convicted whose husband is not convicted not conforming her selfe according to law forfeiteth to the King two parts of her dower or joynture and is disabled to be executrix or administratrix to her Husband 3 Iac. c. 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 Iac. cap. 5. Recusant convicted married otherwise then by a minister lawfully authorized and according to the orders of the Church is disabled to be tenant by courtesie or in dower or by joynture or to have widows estate or frank-bank or any part of her husbands goods and marrving any by whom he is not intituled to be tenant by the couâ—tesie loseth 100 pound one moiety to the King the other to him that will sue 3 Iac. c. 5. Child 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 poor of the parish and the third to him that will sue 3 Iac. c. 5. Popish Recusants not excommunicated buried otherwise then according to the orders of the Church his executors or administrators knowing it or causers of it lose 20 pound one third part to the King one third part to the poor of the parish and one third part to him that will sue for it 3 Jac. c. 5. Popish Recusant convicted during his conviction to be from the ending of that Parliament disabled to grant any advowson c. or to present or nominate to any spiritual living the same to remain to the Chancellors of the Universities of Oxford and Cambridge according to their several shires limited in that statute so that they present none having a former benefice with cure if they do the same to be void 3 Jac. c. 5. Penalties upon the statute of 3 Jac. c. 5. against Recusants to be recovered in any his Majesties Courts of Record by action of debt bill plaint or information without essoin protection or wager of law 3 Iac. cap. 5. Marrâ—ed woman under Baroness convicted of not coming to Church and of not receiving the Communion who doth not within three months after conform her selfe to be committed by two Justices of the Peace one being of the Quorum until conformity unless her husband pay 10 pound a month to the King or the third part of his lands 7 Iac. â— 6. The penalty of 12 pence and of 20 l. a month shall be both of them paid by a Recuâ—ant convict Dal. 106. Cro. 11. 63. b. Two Justices of the Peace may require a convicted Recusant of small ability who repaireth not to the place of his dwelling or place of his birth there to notifie himselfe to the Minister and Constables according to the statute of 35 Eliz. or afterwards removeth five miles from the same if upon apprehension he conform not himselfe within three months to abjure the Realm and assigne him his time and haven 35 El. c. 2. Dal. 109. The form of the Oath Tou 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 dominions without licence of our Soveraign Lord the King or of his heirs so help you God Dal. 109. Stam. 119. Every such Recusant that refuseth to absure or after abjuration doth not within the time appointed go to such haven and depart or after such abjuration returneth without his Majesties special licence in every such case shall be adjudged a selon 35 El. c. 2. Dal. 109. Lam. 419. 1 Iac. c. 25. The Justice of P. before whom such abjurations shall be made must presently cause the same to be entred of Record before them and certifie it at the next general gaol-delivery in the said county ibid. The Bishop of the Diocess or any one Just 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 inquire hear and determine of all Recusants both for not coming to Church and not receiving the Sacrament according to law as Justice of Assize and gaol-delivery may do and at the Sessions in which such Indictment shall be taken make proclamation to render their bodies to the Sheriff and before the next Q. Sessions at which if the offender make not appearance of Record it shall be a conviction 3 Iac. cap. 4. Lam. 616. Popish Recusant convicted is disabled to be executor administrator or guardian the guardianship to go to the next of kin to whom the land should not come being no Recusant and he to accompt to the heir as the case shall require 3 Iac. cap. 5. Recusants armour gun-powder and munition by warrant of four Justices of the P. at their general Sessions shall be taken from them other then necessary weapons allowed by the said Justices for their defence and kept at the Recusants costs where the Justices shall appoint And the Recusant refusing to tell what armour he hath or disturbing the delivery
supersedeas if the Sheriff have not made restitution before Dal. 214. Cro. 162. a. If restitution be made by Justices upon an insufficient indictment and it be removed into the Kings Bench the Court will restore the party put out by the Justice of Peace Dal. 215. Cro. 168. a. Causes to stay restitution 1. No restitution upon an Indictment to be made if the party indicted hath had the occupation or been in quiet possession three years together next before the day of the indictment found and his estate not ended which the party may alledge for stay of restitution until it be tried if the other will traverse or deny the same 31 Eliz. cap. 11. Dal. 219. 2. Certiorari 3. A traverse quaere Lam. 158. 4. Insufficiency of the indictment 5. Insufficiency of the Jurors not having 4â— shill land by the year Dal. 218. Lam. 152 Cro 165. b. Quaere Justice of Peace upon indictment found may give restitution as formerly to free-holders to tenants for years by copy of Couâ—â— guardians in Knights-service tenants by Eâ—git stat Merchants or Staple Dal. 207. 21 â—â—â— c. 15. The disseisee outeth the desseisor by forcâ— the desseisor shall be restored Lam. 148. Dâ—â— 217. Upon traverse the Justice may stay resttution Dal. ibid. The disseisee entreth peaceably and keepeth out the disseisor by force the disseisoâ— shall not be restored because the disseisoâ— had the younger title But the disseisee shaâ—â— be imprisoned and fined because he helâ— with force Cro. 162. b. 164. b. Dal. 217. The disseisee entreth quietly upon thâ— disseisor and so abide together divers daies then the disseisee putteth out the disseisoâ— by force the disseisor shall not be restored Dal. 217. Cro. 163. a. b. Wife children and servants do preserve possession but cattel on the ground do not Dal. ibid. Cro. 164. b. Two are in possession by several titles iâ— one house the law judgeth him in possessioâ— who hath the best right to the possession As A. enters wrongfully upon B. and botâ— do continue in the house afterwards F. puâ— out A. with force A. shall not be restored for A. never gained possession by his entry Dal. 217. Cro. 163. b. ' Two are joynt-tenants or tenants in common whereof one forcibly putteth the other out of possession Quaere what a Just of Peace may do therein for that his entry and possession is lawful Dal. 217. Pax regis 39. Restitution of stoln goods He that hath goods stoln if the felon be â—hereof indicted and arraigned and found â—uilty thereof or otherwise attained by reaâ—on of evidence given by the party robbed â—r the owner of the goods or other by their â—rocurement then the goods shall be restored â—â—ough they never made fresh suit Dal. 306. â—â—o 191. a. Lam. 586. And the Justices have power to award writs â— restitution 21 H. 8. c. 11. Lam. 586. Cro. â—1 a. Br. Restitution 22. Dal. 306. Executors shall have restitution after atâ—inder or conviction upon evidence by â—â—eir means given Dal. 306. Three are robbed restitution shall be oneâ—â— to such for whose goods the felon was inâ—â—cted Dal. 306. Cro. 191. a. A felon stealeth from several men is attainâ—d only at the suit of one the King shall â—ave the goods of those at whose suit he was â—ot attainted Dal. 306. There be divers thieves and onely one â—rincipal is attainted the robbed shall have â—â—stitution Dal. 307. If the felon sold the stoln goods in market â—vert or in a fair no restitution except he that bought them were privy to selony ibid Cro. 191. a. No restitution of stolen goods if he know not the felon Dal. 307. No restitution if the felon leaveth thâ— goods and escapeth and the Lord of thâ— Manour seiseth them Dal. 307. If the felon had not the goods in his posseâ—sion when he fled but left them elswhere they are not waived but the owner mâ—â— take them wheresoever he findeth them â—â— 5. 109. Dal. 307. A man had his horse stoln and so he puâ—lished it but knew not who stole it so thâ— he could not indict him c. It seemeth thâ— he shall not have his horse again for it wâ— his folly to publish that it was stoln â—â— he might have demanded it as lost Aâ— when he knew who took his horse might afterwards indict him Cro. 191. b. Return Recognizance taken by the Justice of Peaâ— ex officio ought to be returned at the next â—â— Sessions Lam. 109. Dal. 173. Cro. 139. a. Sâ—plicavit is to be returned into the Coâ— whence it came Lam. 107. Dal. 177. Return of a Recognizance upon a Supplâ—vit is not of necessity till Certiorari Lam. 10 Return of Jurors vide Jurors Vide Recognizance Release Certcate Riots Riot is where three or more persons disorderly assâ—mbled to commit with foâ— any unlawful act and do accordingly execute or attempt the same Lam. 176. Cro. 61. a. nu 2. Dal. 221. Three or more enter into land with force c. where their entry is lawful it is a riot Dal. 226. Cro. 64. a. nu 49. What Assemblies shall not be said a Riot 1. Sheriff or Bailiff levy people to serve the Kings Writs Lam. 178. Dal. 223. 2. Constable gathereth assistance of men with weapons to part an affray Lam. 178. 3. A man threatned to be beaten in his house assembleth company with force otherwise of a threatning to be beat as he goeth to market Lam. 179. Dal. 224. Cro. 64. a. nu 42. 4. Many assemble together and they know not to what end Lam. 179. Cro. 61. b. nu 7. Dal. 222. 5. Many assemble at a Church-ale or at a Christmas dinner and they suddenly fall out and sight Lam. 179. Dalâ— maketh quaere 223. 6. A number of women and children under the age of discretion flock together for their own cause unless moved by a man of discretion to do some unlawful act Lamb. 180. Dal. 226. 7. To gather meet company to carry away a piece of timber which will not be moved without a good many whereto I pretend right though in law it be anothers I am 178. yet if he use threatning words as to say he will have it in spight of the other or though he die for it his doing may then become a riot Dal. 225. Lam. ibid. 8. To meet to drink at an ale-house to play at foot-ball bucklers bear or bull-baiting dancing bowls cards or dice or such like disports Dal. 223. Lam. 178. Cro. 61. b. nu 7. 9. To use harness on Midsummer-day at night in London or on May-day in the countrey Lam. 178. Cro. 64. a. nu 43. Dal. 223. The master intending a riot taketh with him his ordinary servants who know not his intent it is no riot in the servants Lam. 179. Cro 61. b. 62. a. nu 13. Dal. 222. A Jury falleth out and fighteth it is no riot Dal. 222. Lam. 180. If any assemble for any disports as aforesaid with intent to break the peace and make an
abjured person ibid. It may be had against one attainted in Praeâ—unire and against an alien either made deâ—ison or living in England Dal ibid. It may be had against one dumb and blind â—â— against an impotent person Dalt 168. â—am 79. Against whom the Peace cannot be granted 1. It cannot be granted against any Noble-â—an or Noble-woman Dal. 165. 2. Against one non sanae memoria unless he â—ave lucida intervalla Dal. 167. Lam. 79. 3. Against one born dumb and deal but if he become dumb and deaf or made blinâ— and deaf accidentally he may have understanding and the Peace may be granted â—â— him or against him Dal. 168. How the surety of the Peace is to be commanded and executed A Justice of Peace may command the Peace by word writing By word The party being present in the presence â—â— the Justice of Peace threatneth another oâ— maketh an assault or affray upon another oâ— doth any other act tending to the breach oâ— the Peace Dal. 169. Cro. 138. b. nu 8. Laâ— 84 85. One demandeth the surety of the Peace being present and taketh his oath he is affrayed c. the Justice may command thâ— other to find surety Dal. 169. Cro. 138. Lam ibid. The Justice in such cases may command the Constable or other known officer or his own servant being present to arrest such party to find surety of the Peace and may commit to the Goal such party refusing to find surety Dal. Cro. Lam. 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 Lam. 87. Dal. 170. The Justice may make his warrant to bring the party before him but the usual manner is â—o bring the party before the same Justice â—r some of the Justices of the County Dal. â—â—0 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 Lam. 90. Dal. 170. Br. Faux Impris 18. If the party yield to find surety the officer is not bound to go up and down with him but may keep him until 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 aid to convey him to the Goal Dal. 170. Lam. 92. The arrest is not justifiable except the Officer do carry him to the Goal that refuseth to finde sureties Cro. 171. b. Dal. 171. The party may go before any other Justice if the warrant proceed ex officio to offer the sureties but cannot force the Officers to travel 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. 171. Lam. 94. The party coming before the Justice is to offer his sureties or else the Justice is to commit him for the Justice needeth not to demand them Dal. 171. If the party refuse before the Justice of Peace to finde sureties the Officer by the first Warrant may commit him Dal. 171. Lam. 92 The Officer is fineable if he arrest the party and do not carry him before a Justice of Peace if he be willing to finde sureties secondly if upon refusal they arrest him and do not carry him to the Goal Dal. 171. The party being imprisoned the Justice of Peace may make him his Lâ—berate first if the complainant die secondly if he do enter surety of the Peace Dal. 171. 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. 171. Lam. 94. Cro. 138. a. nu 4. A sworn known officer needeth not to shew his Warrant but the servant of the Justice must shew it if it be required Lam. 89. Dal. 340. If Husband and Wife be bound to appear and in the mean time to keep the Peace and the Husband onely appeareth the recognizance is not forfeited Dal. 179. Quaere Cro. 144. b. Suspicion and susâ—ects of felony A suspect of felony ought not to be arrested by a Warrant from a Justice of Peace unless he be indicted before for if the Bailiff which serveth the Warrant doth suspect him he may do it of himself without a Warrant and without suspicion the Justices Warrant is no Warrant Lam. 188. Dal. 339. Cro. 147. b. 148. b. 197. a. nu 21. Quaere Dal. 339. Br. Faux Impris 8. Suspicion only without felony committed is no cause to arrest another Cro. 154. a nu 28. Dal. 331. Brook ibid. 1 4. A felony 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. 345. The Constable or other person that arresteth one for felony or suspicion must himself suspect Dal. 311 345. Cro. 99. b. nu 43. In an arrest for suspicion of felony the party that causeth the arrest must suspect him and also shew some cause of supicion otherwise every man may arrest another for felony done Cro. 99. b. nu 44. Dal. 311 312. where he maketh a quaere Swans Taking away from his own or another mans grounds Swans eggs of another mans upon conviction and examination of witnesses is imprisonment for a year and day and loss of ten pound Lam. 446. To steal Swans unmarked if they be domiâ—i and kept in a mans manour or private rivers is felony Dal. 267. Swearing He that sweareth or curseth being convicted by hearing of any Justice of the Peace or by oath of two witnesses or confession of the party before a Justice of Peace loseth 12 perce to the poor where the offence shall be committed to be levied by distress the offence being proved within twenty daies or for default of a distress to be set in the stocks three hours 21 Jac. c. 20. 3 Car. c. 4. The Warrant for distress is to be made to the Constable Churchwardens and Overseers of that parish where the offence is committed 21 Jac. c. 20. The offender being under twelve years of age and not forthwith paying his twelve pence by warrant of a Justice 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 Common-wealth as making or mending of bridges high-waies causeys sea-banks c. shall be upon all persons though they assent not Dal. 141. Coke 5 63. Br. Customs 6. A town is amerced and by assent of neighbours every inhabitant is assessed and
151. Lam. 461. The penalty is 3 shill 4 pence for each one Victuals and Victualler If Butcher Fishmonger Inholder Tipler Brewer Baker Poulterer and other seller of victual do sell at unreasonable rates and not for moderate gain they lose double value Lam. 454. 23. E. 3. c. 6. 13. R. 2. c. 8. Brewer selling drink at higher prices then have been appointed by the Justice of Peace loseth after the rate of 6 shill a barrel 23 H. 8 c. 4. Lam. 455. Conspiracy or oath taken or promise made by Butchers Bakers Brewers Poulterers â—ooks Fruiterers or any mystery or any of them not to sell but at prices agreed between them the first offence 10 pound or 20 daies imprisonment the second 20 pound or Pillory the third 40 pound or lose an ear 2 Ed. 6. c. 15. Lam. 455. To sell swines flesh mezelled or flesh that died of the murrain or other corrupt victual Stat. de pistoribus cap. 7. 51 H. 3 Lam. 455. is fineable Any except victualerâ— in their houses buying to sell again by retail butter or â—heese unless it be in open Fair or Market loseth double value 3 Ed. 6. cap. 21. 14. El. cap. 11. 27 Eliz. cap. 11. Lam. 456. 1 Jac. cap. 25. Process upon the statute of 23 H. 6. c. â—3 against victuallers is attachment Capias and Exigent Brewer or other selling of ale or beer unto any unlicensed Ale-house-keeper other then for necessary provision for his own house-hould loseth after the rate of 6 s. 8 d. a barrel one moiety to the poor the other to the informer to be heard and determined at the Quarter Sessions 4 Jac. c. 4. Lam. 460. The officer levying the penalty of 4 Jac. cap. 4. and not delivering the moiety to the Churchwarden or Overseers of the poor or not distributing it within convenient time after receipt forfeiteth the double to be recovered as the penalty 4 Jac. c. 4. Victualler is within the statute 1 Jac. c. 9. 4 Jac. c. 5. 1 Car. c. 4. Vide Transportation Ale-houses Tipling Under-Sheriff Custos Rotulorum or two Justices of Peace one to be Quorum may give unto under-sheriffs before they exercise their office the oaths of 1 Eliz. of Supremacy and 27 Eliz. c. 12. touching their office so of their Deputies and Clarks or any other medling with returning of writs or execution of process into any Court of record So Bailiffs any of them executing their offâ—ce before such oaths taken lose 40 pound 27 El. c. 12. Lam. 356 432 433. Undersheriff or his Clark or deputy doing any thing against their oath lose treble damages to the party Lam. 433. Unlawful games Every Justice of Peace may enter into any common place where any playing at dice tables cards bowls coits cails tennis casting the stone footbal or other unlawful game now invented and hereafter to be invented shall be suspected to be used and may arrest the keeper of every such place and may imprison them until they finde sureties by recognizance no longer to use such house game play alley or place 33 H. 8. c. 9. Lam. 191. Dal. 64. Cro. 79. a. 131. a. 196. a. 197. b. Lam. 349 479. Justice of Peace may arrest and imprison such players till they be bound no more to play at such game Lam. 192. Cro. 172. a. b. Lam. 349 479. Dal. 63. Artificer of any occupation or any husbandman apprentice labourer servant at husbandry journeyman servant of artificer mariner fisherman waterman or serving man other then of a Nobleman or of him that may dispend 100 l. by the year playing within the precinct of his masters house shall not play out of Christmas at any unlawful game or in Christmas out of the house or presence of his master 33 H. 8. c. 9. Lam. 479. 20 shill every time Quaere if other games besides those prohibited 33 H. 8. c. 9. be unlawful as the morrice other open dances bear-baitings common-plaies fencings which seem to be prohibited by 39 El. cap. 4. Dal. 63 1 Car. c. 1. All offences against the statute of unlawful games may be heard and determined at the Qu. Sessions Assises or Leet within which they shall happen Lam. 614. Vide plus Sunday Unlawful Assemblies An unlawful assembly is of the company of three or more persons disorderly coming together forcibly to commit an unlawful act as to beat a man or enter upon his possession or the like Lam. 175. Dal. 221. P. R. 25. Cor. 61. a. nu 3. First an unlawful assembly it is onely to meet to such a purpose though they willingly depart without doing any thing Secondly after meeting to move forward toward the executing of such act whether it be done or no is a Rout. Thirdly to execute such a thing is a Riot Dal. ibid. Lam. 175 176. Cro. 61. a. nu 3. In an unlawfull assembly Rout or Riot two things are common and must concur 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 actual and express violence to affright peaceable men or imbolden light and busie bodies by their examples Lam. 176 177. There be three degrees of feditious riotous assemblies the first from three to twelve the second of twelve or more the third of forty and upward Lam. 183. 1. El. c. 17. Justice of Peace may at his discretion assemble subâ—ects to take such and may take them and shall be unpunished for hurting maiming or killing them if they make resistance La. 184. Justice of Peace is to take the declaration of any person that being moved to such an assembly will within 24 hours 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 year loseth treble value of the monies wares merchandise and other things so lent bargained sold exchanged or shifted 21 Iac. cap. 17. Scriveners taking above five shllings for procuring 100 pound and for a bond above 12 pence forfeit 20 pound ib. Utlawry Offenders against the Peace for conspiracies and of Routs in presence of the Justice or in affray of the people being indicted thereof if they be not brought in by attachment or distress for insufficiency are to be outlawed 8 Ed. 3. c. 5. Lam. 522. After Utlawry the Justices of P. can award no process but must certifie the Utlawry into the Kings Bench Lam. 521 522. One outlawed of felony before Justices 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 Justices cannot write to the Captain or County Lam. 552. Wages RAtes of wages of servants and labourers are to be made by the Justices of Peace at Faster Qu. Sessions and by them to be ingrossed in parchment under their hands and seals and after it shall be lawful for the Sheriff of the said
child and the reputed father be run away or is not able to free the Parish whether the Master may be enforced to provide for her till she be delivered and for a month after Resol If the Master hath legally discharged his house of such a servant he is no more bound to provide for her then any other 14 Q. In case a Parish consist part of ancient Demesn and part of Guildable an Assise is made for the relief of the maimed Souldiers the Gaol c. according to the stat 24 Eliz. c. 2. whether the tenants in ancient Demesn shall contribute with the Guildable for the paiment of the Assise Resol The Statute doth not distinguish between the ancient Demesn and the Guildable in these cases ubi lex non distinguit ibi nec nos distinguimus 15 Q. Whether an Indictment of forcible detainer be within the Statute of 1 Iac. cap. 5. not to be removed by Certiorari unless the party indicted first finde sureties according to that Statute and whether the party indicted be to be bound in his absence to prosecute according to that Statute and whether an indictment of forcible entry c. found at a private Sessions be to be removed by Certiorari without sureties according to that Statute Resol This is fittest to be left unto the Court of Kings-Bench to whose Commission and jurisdiction this is most proper 16 Q. If one be convicted upon the Statute of 3 Car. R. cap. 13. for driving of Cattel on the Sunday through several Parishes whether he forfeit 20 shill to every of the said Parishes or onely to one if to one then to which of them Resol This Statute giveth the forfeiture but to one 20 shill for one Sabbath day Although the driving of that day be through divers Parishes Therefore where the action is first attached and the distress first taken that Parish shall have the benefit of the forfeiture and not the other 17 Q. If one who is under the age of 30 years and brought up in husbandry or a maid-servant or brought up in any of the Arts or trades mentioned in the Statute of 5 Eliz. cap. 4. and not enabled according to that Statute to live at his or her own hand shall be warned by two Justices of the P. to put him or her self in service by a day prescribed by them and shall not do the same accordingly but shall after continue living at his or her own hand what course shall be taken with such a person and how punished Resol Such persons being out of service and not having visible means of their own to maintain themselves without their labour and refusing to serve as an hired servant by the year may be bound over to the next Sessions or Assises and to be of the good behaviour in the mean time or may be sent to the house of Correction 18 Q. Whether the tax for the relief of the poor upon the Stat. of 43 Eliz. shall be made by ability or occupation of lands or both or whether the visible ability in the Parish where he lives or general ability wheresoever whether his rent received within the Parish where he lives shall be accompted visible ability and whether he shall be taxed of them only and for any Rents received from other Parishioners and what shall be said visible ability Resol The land within each Parish is to be taxed to the charges in the first place equally and indifferently but there may be an addition for the personal visible ability of the Parishioner within that Parish according to good discretion wherein if there be any mistaking the Sessions c. or the Justice must judge between them 19 Q. Whether shops salt-pits sheds profits of a Market c. be taxable to the poor as well as lands Cole-mines c. expressed in the Statute 43 Eliz. Resol All things which are real and a yearly revenue must be taxed to the poor 20 Q. Whether the tax for the County stock Gaol and house of Correction is to be made by the Stat. of 14 Eliz-ca 43. by ability and upon the inhabitants of the Parish only or upon them or the occupiers of lands dwelling in that Parish or whether such as occupy lands in that Parish and dwell in another Parish shall be taxed Resol If the Statute in particular cases give no special direction it is good discretion to go according to the rate of taxation for the poor but when the Statutes themselves give directions follow that 21 Q. Whether any taxes ought to be made for the charges that pety-Constables and Borshoulders are at in conveying rogues from Parish to Parish and relieving them and how to be rated Resol It is fit to relieve the Constable and Tithing-men in such sort as it hath been used in the several places where they live 22 Q. Whether a Justice of Peace may discharge a servant being with child from her service allowing that as a reasonable cause that she is thereby made unable to do the service which otherwise she might have done and if he may discharge her whether that Parish shall provide for her till her delivery if she cannot provide for her self and so also if her time be expired before her delivery who shall provide for her after her time ended Resol If a woman being with child procure her self to be retained with a master who knoweth nothing thereof it is a good cause to discharge her from his service And if she be begotten with child during her service it is all one but the Master in neither case must turn away such a servant of his own authority But if her term be ended or she lawfully discharged the Master is not bound to provide for her but it is a misfortune faln upon the Parish which they must bear as in other cases of casual impotency 23 Q. Whether being delivered of a bastard child in one Parish and goeth into another with her child and becomes vagrant and so is sent to the place of her birth her bastard child being under the age of seven years shall be setled with the mother and there maintained if the mother be not able nor the reputed father known found or whether it shall be sent to the place of its birth or being setled with the mother whether the Parish where it was born shall be ordered by the two next Justices to pay a weekly summe towards the maintenance of it Resol The Bastard child must be placed with the mother so long as it is within the quality or condition of a Nurs-child which shall be till seven years of age and then it is sit to be sent to the place of its birth to be provided for the mother or reputed father not being able And the Parish where the child is born shall not be forced to contribute to the charge as long as the mother lives and the child be under seven years old 24 Q. A man with his wife and children takes an house
in one Parish for a year and before the end of his term is unlawfully put out of possession and after taketh part of an house as an inmate in another Parish from whence he is also put out and then not being able to get any dwelling they come to lie in a Barn in a third Parish where the husband falleth sick and the wife is delivered of another child where ought these to be setled Resol If a man of woman having house or habitation in one Parish be thrust out this is an illegal unsetling which the Law forbiddeth for none must be enforced to turn vagrant and such one must be returned to the place where he or she was last lawfully setled and the child also born in the time of this distraction 25 Q. Whether an apprentice put out by the Churchwardens c. according to the Statute to a Master in another Parish if his Master die and leave no Executor or Administrator fit to keep an apprentice or able to place him He shall be provided for in the Parish where he was apprentice or shall be sent back to the Parish from whence he was put out Resol Servants and apprentices are by law setled in that parish and if they become impotent there the Parish must abide the adventure after their term or time of service be lawfully ended 26. Q. What is accounted a lawful setling in a Parish and what not Resol This is too general a question to receive a perfect answer to every particular case which may happen but generally this is to be observed that the law unsetleth none who are lawfully setled nor permits it to be done by practice or compulsion and every one who is setled is a native houshoulder sojourner an apprentice or servant for a month at the least without a just complaint made to remove him or her shall be held to be setled 27 Q. A rogue is taken at C. and will not confess the place of his birth neither doth it appear otherwise but that he confesseth the last place of his habitation to be at S. hereupon he is whipped and sent to S. at his coming to S. the place of his birth is there known by some to be at W. and thereupon the rogue confesseth it to be so whether he might without any new vagrancy be sent to W Resol In this case it is fit to send such a rogue to the place of his birth for this is but a mistaking and no legal setling 28 Q. If an indictment be preferred to the grand Jury of the quarter-Sessions of the P. against one for murder manslaughter for robbery felony or pety-larceny and ignoramus found the reupon whether the said Sessions may deliver the party by Proclamation or not Resol Not by Proclamation at all but for pety-larcenies and other pety-felonies in discretion the Gaol may be delivered of them 29 Q. If a Constable be chosen and refuseth to take his Oath what shall be done and whether a Constable may make a deputy and by what means Resol The refusal or neglect to take Oath in such a case is a contempt worthy of punishment and thereupon to fine imprison him and the making of a deputy is rather by toleration then by law 30 Q. If a Constable die or remove out of the Parish where c. how is his place to be supplied Resol By the Lord of the Leet if that time fall near otherwise by the Sessions but if thaâ— be too far off then by the next Justices 31 Q. If a poor weak man be chosen Constable or Tithingman and be unfit for thâ— same place how may he be removed and a fiâ— man sworn in his room Resol The Justices of Peace must help this and if the Lord of the Leet have power to choose a Constable or Tithingman and perform so ill it is a Just cause to seize his liberty 32 Q. If a Nurse-child a Scholar at a Grammar-School or in the University prove to bâ— impotent by sickness lameness lunacy or discovery of ideocy c. how such persons shalâ— be disposed Resol A Nurse child or a Scholar at thâ— Grammar-School or at the University oâ— persons sent to Common-gaol Hospital oâ— houses of Correction are not to be esteemed as persons to be setled there no more theâ— Travellers in their Inns but their setling iâ— where their Parents are setled and childreâ— born in Common-gaols and houses of Correction their Parents being Prisoners are to be maintained at the charge of the County 33 Q. What proportion Parsonages oâ— Tithes shall bear to the taxation of the poor oâ— the Parish Resol The Parson or Vicar presentative shall â—ccording to the reasonable value of his Parâ—onage having consideration to the just deâ—uctions 34 Q. Whether for placing the poor of the Parish not to be removed by consent of the Parish these poor men may not be placed as â—nmates for a time Resol They may by express words of the Statute of the 43 of Elizabeth 35 Q If a Parishioner or owner within a Parish do bring into the Parish without the â—onsent of the Parish a stranger of another â—arish which is or apparently is like to be â—urthensome unto the Parish how they may â—ase themselves Resol By taking such a one to the charge of he rates of the poor not only having respect â—o his ability or the land he occupies but acâ—ording to the damage and danger he bringâ—th to the Parish by his folly 36 Q. For warding in the day-time for apâ—rehending of Rogues whether the Constable â—ay not enlarge it to a farther time Resol Warding in the day-time is of great â—se and must be left to the discretion of the Constables or direction of the Justices to vary â—ccording to the occasion 37 Q. Whether Alehouses ought to be alâ—owed only in thorofare Towns and others â—n other places to be restrained only to sell to â—he poor out of doors Resol The Justices shall do very well to alâ—ow none but in places very fit for their scituâ—tion and uses and to moderate the number 38 Q. A man for his quality otherwise fit to be a Constable or of other Office of thaâ— nature procures himself to be the Kings servant extraordinary and by that mean would excuse himself to serve in the Country Resol A servant extraordinary may weâ— perform his ordinary service in the Countrâ— according to his quality The Justices opinion touching the Commissions by which the Justices sit at Newgate THE Justices at Newgate sit by virtue oâ— two Commissions viz. Gaol-delivery anâ— Oyer and Determiner By the Commission of Goal-delivery theâ— may try all prisoners in the Goal or by Bail oâ— such as be indicted will render themselves generally for all Felonies and also for such other offences as are particularly assigned tâ— them by Statute The Statute of 4 Eliz. c. 2. doth give theâ— power to receive Indictments against Prisoners or such as are upon bail and to proceeâ— to try the same viz.
reputed father Res that the Justices at their next quarter Sessions ought to have made a final order or to have affirmed or disallowed the former order And then afterwards have granted a reference to the same next Justices which made the first order to consider better of it and oâ— the proof and this had been according tâ— Law Resol That after an appeal to the Sessions â— and the Justices there do repeal the first order the matter then is as res integra beforâ— them and they may then grant a referencâ— to the two next Justices Note That the Recognizance thought to bâ— in the disjunctive viz. To perform the ordeâ— by them made or to appear at the next quarter Sessions and to abide the order there Note One Justice of Peace by his warranâ— may commit but the Mittimus being shewed and it not pursuing the Statute and the Recognizance not being in the disjunctive Smyth was bailed to appear at next Sessions c. Resol The reference by the Justices at the Sessions before they had allowed or disallowed the first order was illegal Bower against Panter Pasch 8 Car. B. R. Resol That upon the Stat. of 18 Eliz. cap. 3 that the Justices of P. at their Sessions not the Justices of Assises have power to meddle with bastard-children but upon an appeal setling But this is to be done by the two next Justices At Salop Assises 19 Martii 7 Car. 1631. This question was propounded to Sir Wâ—liam Jones Knight Justice of Affise by a Just oâ— P. viz. upon the stat of Eliz. c. 3. 7 Jac. c. 4. touching bastard-children by the first Stat punishment is inflicted and by the second iâ—â—he offend the second time she is to be sent to the house of Correction c. Upon this question was one had a bastard child but she was not questioned for it no proceedings being had against her upon the Statute of 18 Eliz. 3. Afterwards she had a second bastard whether she shall be proceeded against upon the Sâ—at of 7 Jac. 4. for the second offence or whether the second offence shall not be taken for the first Resol She shall not be punished upon the â—tat of 7 Jac. as for her second offence unless â—he had been before questioned and punished â—or her first offence but this second offence â—hall be now taken to be as her first offence â—nd so is to be punished for the same accordâ—ng to Law â—own of Tewksbury against the town of Twyning at Assises 9 Julii 8 Caroli 1632. A servant maid dwelling in Twyning was got â—ith child and being near her time was conâ—eyed by practice into an out-house in â—wksbury where the child was born afterâ—ard Twyning gave her relief and the Minister â—f Twyning christened her child and as soon as â—e was able to remove they of Twyning gave 〈◊〉 and her child relief for two years afterâ—ards the mother being sick they sent her any with her child to Longden in Com. Wigorn. â—here the mother died then they of Longden 〈◊〉 the child unto Twyning and they of Twyâ—â—â—g sent the child being under the age of â—â—â—ee years unto Tâ—wksbury and they sent it â—â—ck to Twyning Resol The child regularly is to be kept â—here it was born if no practice was used to â—â—ve it born here but if by practice then it is â—â— be kept by the parish where she did dwell and where she was got with child and whicâ— used practice to have the child born in another Parish which is the Parish of Twyning and so was ordered referred to the Justices oâ— Peace to examine the practice Ad Assizes 20 Julii 13 Caroli 1637. at Glove ' Anne Tarling having a bastard-child upoâ— complaint made thereof to the Sessions it waâ— refeâ—red to the next two Justices to examinâ— and order who did make an order againâ— John Wood to be the reputed father and ordered him to allow 1 s. 4 d. weekly â— Wood appeals to the Sessions where the saiâ— order was disallowed and one William Coâ— charged to be the reputed father Jones Justâ—ce without examining the cause confirmeâ— the last order made at Sessions which waâ— final and no appeal to be admitted against iâ— And in a Lincolnshâ—re cause one Pridgeon being questioned and found by two Justices tâ— be the reputed father of a bastard-child anâ— so made an order against him for allowanceâ— c. Afterwards he appeals to the Sessions where the said Pridgeon was discharged anâ— another was found to be the reputed fatheâ— and an order made against him Afterwards at another Sessions of the â—â— upon a re-examination another order waâ— made against the last order whereby Pridgeoâ— was found again to be the reputed father anâ— so ordered to maintain the child Pridgeoâ— appeals to the Judges of the Kings Bench. Resol that Pridgeon shall be freed from the second order at Sessions it being illegal And the first order made by the quarter-Sessions upon appeal to them to stand in force and no appeal to be admitted against it the same being final and not to be altred by the Judges of Assise And so it was resolved by the Judges of the Kings Bench. And so upon the Stat. 43 Eliz. cap. 4. for charitable uses if the Commissioners make an order or decree in the Case and upon appeal to the Lord Keeper and exceptions put in if upon that the decree made by the Commissioners be confirmed by the Lord Keeper this decree is by this made to be final and no subsequent appeal to be admitted Cases concerning provision for poor people Reves Case Mich. 7 Car. R. B. R. Stat. 43 El. c. 2. Poor REve was brought to the Barre by Hab. Corp. being committed by the Stat. of 43 Eliz. cap. 2. for that he being the reputed father of one Ben. Gregory a poor child who was mainâ—ained by the Parish of S. Gâ—les in the Fields and he being a man of ability refused to maintain the child or to find sureties for his appearance at next Sessions Reve moved that the commâ—tment was illegal being grounded upon the said Stat. wherein is this clause â—â—at the Father and Grandfather Mother and Grandmother the Children and Grandchildren of â—very poor person not able to work they being of abilâ—ty shall pay such rates and in such wise as the Justices of that County where such person dwels at their next quarter-Sessions shall assess upon pain of forfeiting 20 s. per mens Wherein there is no such person taken notice of as the reputed father of a bastard which is filius populi It also appeared that Reve dwelt in Suffolk and coming to London about Law-suits was taken by a warrant of a Just of P. of Middlesex Resol The granting the warrant was illegal and all the proceedings in Mid. coram non Judice Nor have the Justices any power at theiâ— Sessions in Middlesex to make any order the party living in another County And he iâ— not to be committed until an order
is to certifie â—he 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 Star chamber Dal. 60. The offenders being gone the Justice may send his Warrant and commit them till they finde surety of their good behaviour Dal. 60. If force be made by three it is a riot Dal. 61. The proceedings upon a Writ upon the Statute of Northampton 2 Ed. 3. 3. 1. The Justice 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 three O-yes and then make proclamation for silence prout Dalton 61. Cro. 72. a. b. Lam 168. 2. Then may he read 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 silence prout Dal. 61. Cro. 72. a. Lam. 169. 4. Either enter and search for armour or enquire by Jury Dal. 62. Lam. 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 imprâ—soned The execution of the Statute of Northampton without Writ Every Justice of Peace may execute it â—â— officio without Writ Dal. 62. Cro. 72. a. The difference in the manner of execution is that without Writ there needeth no proclamation nor certificate into the Chancery but the Justice may enter search commit thâ— offenders there found apprize the armour record all what he shall do and thereout senâ— an estreat into the Exchequer Dal. 62. Cro ibid. Lam. 171. The Justice cannot make restitution to thâ— party outed but only remove the force ibid Lam. 172. Of causes to stay granting of restitution vide Dal. 218. Forfeitures of a Recognizance taken for the Peace Whatsoever is a breach of the Peace thâ— same is a forfeiture of the recognizance Dal 181. as 1. To threaten a man to his face to beat oâ— kill him Cro. 136. b. Lam. 115. but not if he bâ— absent Dal. 152. 2. To strike at or offer to strike at a manâ— though he hit him not 3. All Affraies malicious and violent striking or other mis-intreatings of the persoâ— of another Dal. 181. Lam. 127. 4. To go with company or weapons unusual Dal. ibâ—d Cro. 137. a. Lam. 126. 5. To command or procure another to break the peace and if it be done indeed Lam. 115. Dal. 182. Cro. 137. a. 6. Imprisoning or arresting another without warrant Lam. 127. Dal. 182. To thrust one into the water whereby he is in danger of drowning ibid. To ravish a woman against her will ibid. To commit burglary robbery murder manslaughter or do any treason against the person of the King Lam. 127. Dal. 182. 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. 182. Vide plus Recognizance vide plus Breach of the Peace and Fines One committed for petty larceny and convicted thereof shall forfeit his goods Lam. 273. Dal. 234. Cro. 36. b. nu 20. Forfeitures upon statutes vide Several statutes Forgery Second forgery of deeds concerning anothers land after a former conviction is felony 5 Eliz. 14. but not enquirable by the Justices of Peace Dal. 288. Cro. 56. b. Lam. 549. Forein plea. One indited of petty treason murder or other felony pleadeth a forein Plea triable by Jury it shall be tried before the Justices before whom he was indicted and by the Jurours of the same County 22 H. 8. c. 14. 3â— H. 8. c. 3. Lam. 552. Forrester Forrester Warrener or Parker after Hoâ— and Cry to yield killeth any man in his office making resistance it is justifiable 21 E. 1. dâ— male factoribus in Parcis Lam. 235. Dal. 255. Forestalling and Forestallers Forestaller is he that buyeth or contracteth for any victuals or wares before they come to the Market Fair or Port or moveth the party to inhaunce the price or not to bring them to the Market Fair or Port Lam. 450. Forestaller convicted before the Justices of Peace at the Quarter Sessions by examination of two witnesses or presentment for forestalling for the offence shall for the first time 1. Lose the goods and be imprisoned two moneths wiihout bail or mainprise 2. For the second lose double the goods and be imprisoned for six months 3. For the third lose all his goods stand in the pillory and be imprisoned during the Kings pleasure 5 E. 6. c. 14. Lam. 570. The moity of the forfeiture upon the Statute of forestallers due unto the party is to be levied by Fieri facias or Capias to be awarded by the Justices of Peace Lam. 584. Fowlers and Fowling Shooter taker or destroyer by guns bows setting-dogs nets or other engines of any Phesant Partridge Pigeon Heron Mallard Duck Teal Wigeon Growse Heathcock Moore game or such fowls upon conviction by confession or oath of two witnesses before two Justices of Peace where the offence or apprehension is to be imprisoned three moneths without bail unless he pay to the Church-wardens of one of the places to the use of the poor 20 shill for every Phesant also for every egge of Phesant Partridge or Swan taken or destroyed or after one month of his commitment become bound with two sureties in recognizance of twenty pound never to do the like the same recognizance to be returned to the Quarter Sessions 1 Jac. c. 27. Lam. 334. Dal. 89. 7 Jac. c. 11. Vide Partridges and Phesants Games vide Unlawful games Goal Goaler Goaler or Sheriff may make a goal of his own house so cannot a Constable nor Justice of Peace Lam. 133. Dal. 347 348. Goaler suffers a felon to go at large and he escapes it is felony in the Goaler not in the prisoner Lam. 229. Dal. 274. P. R. 147. 149. Dal. 278. Goaler by hard and cruel custody compels his prisoner to become an approver it is felony 14 E. 3. c. 10. Lam. 231 420. Crom. 49. a. Dal. 288. as Goaler killeth an unruly prisoner which doth assault him it is no felony Lam. 235. Goaler by hard usage killeth his prisoner it is murder Lam. 240. Goaler that taketh above four pence upon commitment of any prisoner arrested or attached forfeiteth to the party grieved treble damages and 40 li. the one moity to the King the other to the party that will sue for it 23 H. 6. c. 10. Lam. 431. Goaler or Sheriff refusing to take a felon delivered by Constables or Township or taking any thing for receiving is to be fined 4 E. 3. c. 10 Lam. 434. Six Justices may in sundry shires take order for the common goal wheerof the Sheriffs shall have the custody to which murderers and felons c. shall be sent and may perform many incidents thereto by the statute 23 H. 8. c. 2. 13
El. 25. Lam. 336. EXP. Accountant for mony levied for the goal to build it goeth into another County the Justices of Peace where the goal is may send an attachment for him unto another shire 23 H. 8. c. 2. 25 H. 8. c. 5. 5 El. c. 24. Lam. 525. EXP. Goaler suffereth a prisoner to go abroad out of his sight and he returneth not again it is an escape Cro. 39. b. nu 5. Goaler refuseth to receive one arrested for felony the Town must keep him till the Goal delivery Dal. 348. 349. Cro. 172. a. but the Goaler denying to receive such shall be punished by the Justices of Goal-delivery ibid. Goaler shall take no sees of any servant carpenter mason nor other labourer committed for refusing to serve on pain of 10 li. to the King and 100 shill to the party 34. F. 3. c. 9. Cro. 185. a b. Glass-men Glass-men of honest life may travel without begging within the County by licence of three Justices under their hands and seals one being of the Quorum 39 Eâ— c. 4. but by 1 Jac. c. 7. they are made rogues and so to be punished Goldsmith Goldsmith or worker of gold must work a fine silver or gold in allay as the sterling and set his mark on it or forfeit the double value 2 Hen. 6. c. 14. Lam. 467. None to gild any thing or any mettal but silver except spurs of Knights and appare's of Barons or above upon pain of ten times the value and a years imprisonment 8. H. 5. c. 3. Lam. 467. Good abearing Good abearing may be granted upon discretion and that by one Justice out of the Sessions yet better not to command it but upon special cause seen to themselves or upon suit of others and those very honest and seldome for one cause alone and not by one Justice only Lam. 120. Dal. 101. Good behaviour may be granted by special Writ out of the Chancery Custodibits pacis vice comiti eorum cuilibet upon the statute of 34 Ed. 3. 1. Lam. 117. Dal. 192. For what causes it is grantable Dalt 192. 1. Against common barrettors quarrelers and disturbers of the Peace 2. Rioters 3. Liers in wait to rob 4. Generally feared or suspected to be robbers by the High-way 5. Such as are likely to commit murder homicide or other grievances to the Kings subjects in their bodies 6. Such as shall practise to poison another 7. Against all such as be of evil name or fame generally but especially against such as are defamed in these particulars 1 Those that haunt bawdy-houses 2. Suspected to keep houses of common bawdery 3. Common whoremongers and common whores 4. Night-walkers that be suspected to be pilferers 5. Evesdroppers that cast mens carts and gates into ponds and such like misdemeaners in the night such as live idly yet fare well and go well clad having little to live on except upon examination they give good account of such their living 6. Common haunters of Alehouses or Taverns having small means to live on 7. Drunkards twice convicted 8. Messengers of thieves 9. Such as make false hue and cry 10. Cheaters and Couzeners 11. Libellers 12. The putative father of a bastard 13. Unlawful hunters in Parks after examination taken 14. Abusing of officers in executing their office as a Justice of Peace Constable or other officer of the Peace as a Justice seeth a man break the Peace and doth charge him to keep the Peace who answereth he will not Words of contempt against a Justice of Peace though he be not executing his office 15. Abusing a Justice of Peace his warrant 16. He that complaineth of riot or force and the Justices being assembled for enquiry will not prosecute 17. He that chargeth one with felony before a Justice and will not prosecute 18. Abusing of a Supersedeas of the Peace to a wrong end By divers Statutes 1. Disturbers of Preachers 1 M. c. 3. 2. Destroyers of fish-ponds or stealers of fish after lawful conviction 5 El. c. 21. 3. Takers of hawks or hawks eggs out of other mens grounds after a lawful conviction 5 El. c. 21. 4. Steelers hunters or killers of Deer or Cony in Park or Warren after a lawful conviction 3 Jac. c. 13. All these must be bound at the Sessions 5. Popish recusants must be bound in the King Bench 23 El. c. 1. 6. One pardoned for felony is to be bound before the Sheriff and Coroners 10 Ed. 3. c. 3. 7. Disturbers of the execution of the statute for rogues 39 El. c. 4. 8. Disturbers of execution of the statute for the poor 39 El. c. 4. 9. She that hath had twice a bastard 7 Jac. cap. 4. 10. Infected with the plague or having their houses infected and are unruly 1 Jac. c. 31. Greyhounds vide Hunting Guns and Gunners Gunner that departed from his Captain without licence or wandring with a forged licence it is felony Lam. 427. Every person may attach an offender against the statute 33 H. 8. c. 6. and carry him to a Justice of Peace Dal. 65. And the Justice upon examination may send him to the goal till the penalty be paid The particulars of the Stat. 33 Hen. 8. None under 100 pound per annum may shoot in or keep a gun dag pistol cros-bow or stone-bow None may have or use any gun under three quarters of a yard in length One of 100 pound per annum may take such gun from the offender or any cros-bow or stone-bow may keep the bow but must break the gun None may travel with a gun charged or bow bent but in time of service and to the musters except he have 100 pound per annum Dal. 65. None may shoot in a gun near a Market-Town but in defence of his house or person or at a But. The master may not command his servant to shoot except at a But or in War 1. Except Serving-men whose masters are enabled at a But. 2. Inhabitant of Market-town 3. Persons dwelling alone or near the Sea within five miles 4. Gun-makers 5. Those that have Placards All persons which shoot in guns other then such as have 100 pound per annum ought to present their names to the next Justice of P. and the Clark of the Peace should record it Dal. 66. maketh quaere if it be in use The Sheriff or any of his officers may carry guns dags or other weapons offensive or defensive for the execution of their office notwithstanding the statute of 33 Hen. Câ—k 5 72. Dal. 66. Any two Justices may commit for three months such as shoot with gun or bow at any partridge phesant house-dove mallard or any fowl or at any hare unless he pay 20 shillings 1 Jac. c. 27. Dal. 66. Vide Hunting Partridges Hares IF any have traced killed or destroyed any Hare in the snow he loseth 6 shill 8 pence for each Hare 14 H. 8. c. 10. Lam. 447. Buying selling of Hares vide Partridges See that Sâ—at 1 Jac. c.
speak coldly It is the practice of the Courts in Westminster Dal. 307 308. Cro. 194. a. nu 5. Lam. 213 214 215. Br. Examination 32. The resusing the oath of allegeance required by two Justices of the Peace and the taking of the same and oath of supremacy by a conformed Recusant returning into England are to be certified at the next Qu. Sessions 7 Iac. c. 6. Lam. 362 363 616. The oath of allegeance being required â— the Q. Sessions of such as formerly refused thâ— same and being there tendred and refused the refusers other then Noblemen and women incur Praemunire except women covert whâ— are to be sent to the gaol without bail Lam ibid. Orchards and Gardens vide Hedge-breakers Overseers of the Poor Overseers for the poor for every parish are to be nominated yearly in Faster week oâ— within a month after by two Just of P. onâ— being of the Quorum under their hands anâ— seals dwelling in or neer the Parish 43 El. c. 2. Lam. 360. Dal. 91. Overseers and Church-wardens with two such Justices may set to work children of such as are not able to keep them and aâ—â— married and unmarried which have noâ— means to maintain them and may raiseâ— weekly stock or otherwise by taxation of every inhabitant and dispose thereof ibid. Overseers and Church-wardens not letted by sickness or other just excuse allowed by two such Justices shall meet monthly in the Church upon Sunday after Evening Prayer to consult about ordering of the poor or forfeit 20 shillings a piece 43 El. cap. 2. Any finding himselfe grieved with the taxation made by the Overseers c. or by the Justices may have remedy at the Quarter Sessions 43. El. c. 2. In disability of the parish the two Justices may tax any other parish within the Hundred If the Hundred be not sufficient the greater part of the Justices of Peace in other Sessions may rate other parishes 43 Eliz. cap. 2. Overseers and Churchwardens either present or subsequent may by warrant of two such Justices levy all sums and arrearages of any refuser by distress and sale of his goods In default of distress two such Justices may commit him without bail till paiment made 42. El. c. 2. Overseers may be committed till they do account 43 El. c. 2. All to whom the overseers by 43 El. 2. may â—ind apprentices may take and keep them as â—pprentices and the overseers may with the â—ssent of two Justices of Peace one being of â—he Quorum in their respective limits where â—here be more then one or by assent of one Justice of Peace where there be no more â—et up use and occupy any trade mystery or â—ccupation onely for setting poor of the parish on work wherein they are overseers 3 Car. c. 4. Vide Poor Pannel Vide Jurors Pardon AT the Common Law before the statute of 13 R. 2. stat 2. c. 1. a pardon of all selonies was good for murders and so for pety treasons Lam. 561. Pardon of all felonies is not good for murder or pety treason except the pardon be with a non obstánte or that murder be therein expresly mentioned Dal. 246. Cro. 21. b. nu 7. But it is good for accessaries both before and after A pardon of all felonies will not discharge a man that is attainted of felony except the execution and attainder be pardoned Cro. 115. a. nu 1. Lam. 562. Dal. 245. Breaker of the peace after the pardon forfeiteth the pardon and may be hanged notwithstanding his pardon Cro. 115. b. nu 16. Dal. 247 The King only can pardon treason murder or other felony or any accessary thereto Dal. 247. General pardon is that which is given by act of Parliament to all men of which the Court ought of duty to give allowance though the party will not plead it nor accept the benefit thereof Lam. 559. 560. Cro. 115. b. nu 13. Pardon of abjuration is not good without special words of abjuration Lamb. 562. Quaere if a general pardon for pety treaâ—on availe him that is indicted of murder â—ithout the word proditoriè Lam. 560. A general pardon coming betwixt the â—roke and the death of all misdemeanors â—ill avail for the death Lam. 560. Quaere if a pardon of all offences except persons outlawed of murder will avail one that hath committed manslaughter and yet â—â—dicted and outlawed of murder and after â—e pardon reverseth the outlawry Lam. 60. Cro. 116. b. nu 17. Pardon of attainder and execution for feâ—ony is not good for felony without words to â— pardon the felony it self Lam. 562. Pardon of a Goaler for escapes of felony â—nd traitors is not good for voluntary â—scapes Lam. 562. Pardon of two for all felonies done by â—hem or either of them will not serve for ofâ—ences done by one of them alone Lam. 562. Pardon must agree with the indictment in name and addition of the party and nature of the offence for a pardon of all felonies is not good for pety treason murder nor for one attainted of felony Lam. 561. A special pardon ought to be pleaded under the great Seal and a writ of allowance brought with it testifying he hath found surety for the good behaviour unless there be a dispensation by non obstante Lam. 561. Prisoner pleadeth a pardon Justice of Peace in absence of the Kings attorney may joyn issue that he is one of the persons excepted Lam. 540. Stam. 103. He that killeth another se defendendo needs not sue to the King for a pardon Stam. 15. â— Lam. 253. He that killeth one by misadventure shall have a pardon of course without suit Sâ—â—â— 16. Stat. of Glo. c. 9. in both cases the gooâ—â— are forfeited The manner of suing a pardon of course iâ— If they desire to purchase their pardon they must upon their trial plead not guilty and then the special matter being found by verdict they shall be bailed then they muâ—â— sue forth a Certiorari to certifie the record â—â— the Lord Chancellour who shall make theâ— a pardon of course under the great seal without suing to the King Stam. 15. Dal. 250. Park and Parker Hunters or killers of any Deer or Conies â—â— the night or day-time in any park or warren or in any other inclosed grounds and being thereof lawfully convicted every such offender shall suffer three months imprisonment and find sufficient surety for the goâ—d behaviour for the space of seven years or elsâ— continue in prison till he find such sureties for the space of seven years and pay trebble damages or if it be for deer 10 li. to the party grieved at his election 5 El. c. 21. 7 Jac. c. 13. Dal. 326. Vide Hunting Parson and Vicar vide Ecclesiastical causes Every Justice of P. may examine offences aâ—â—inst the Statute of â—3 Eliz. cap. 10. for taâ—â—ng of partridges and phesants in the night and binde the offenders by recognizance with good surety to appear at the next Quarter Sessions c. And after
Lam. 132. The Sheriff or gaoler may imprison in his house or in the common gaol at pleasure Dal. 347. Quaere Cro 169. b. Lam. 133. Constable cannot imprison in his house but in the stocks and that but until he may provide convenient aid to convey him to the Justice of Peace or to the Gaol Dal. 348. Lam. 133. Just of Peace cannot commit felons to prisons which be not common gaols nor make gaol of their own houses Lam. 133. 5 H. 4. c. â—0 Cook 9. 119. b. 23 H. 8. c. 2. Dal. 347. Justice of Peace may commit to the stocks â—ome offenders against certain penal statutes Dal. 347. Breach of prison is the escape of a Felon â—hough not indicted out of the gaol stocks â—r possession of any keeper Lamb. 229. Dal. â—75 One imprisoned upon a capias pro fine is to â—e delivered upon payment thereof Lam. 574. â—r upon pledges by Recognizance for payment thereof Lamb. ibid. Prisoners Every one who is under arrest for felony â—s a prisoner as well without prison as in the â—tocks in the high-way or in the possâ—ssion of him that arrested or hath the keeping of him Dal. 275 343. To break prison is felony being committed for felony Lam. 228 424. It is no matter whose prison is broken whether the Kings or other persons whether it be common or private gaol or the Constables house or others house who hath the custody of him for felony Dalt 275. Stam. 31. Rescous to help a prisoner commâ—tted for felony to get away is felony Lam. 229 424. If an officer or other whatsoever by his wilfull default suffer a prisoner to escape it is felony Lam. 229 424. Prison-breach is to escape out of the stocks or out of any mans possession Lam. 229. A Constable voluntarily suffereth a thief to drown himself it is felony in the Constable Dal. 276. but if the thief kill hang or drown himself it is a negligent escape Dal. Ibid. Prisoner of sufficient ability shall bear his own charges and of them that shall be appointed to guard him to the gaol and he refusing the Constable of the parish where he dwelleth by warrant from the Justice that committed him may levy the same by distress and sale of his goods after apprizement by four of the parish the overplus to be delivered to the owner 3 Jac. c. 10. Prisoner not of ability and those that guard him to have their charges from the place of apprehension to the gaol born by the parish where he is apprehended the same to be equally taxed by the Constables and Church wardens and two or three of the Inhabitants and allowed by the Justice of Peace 3 Jac. c. 10. Any lawfully taxed for the charge of bringing a prisoner to the gaol and refusing to pay it to the Constable or other officer of the parish by warrant from the Justice of P. that committed him may levy the same by distress and after apprizement by four of the parish sale of the goods giving the owner the overplus 3 Jac. c. 10. Defendant in any action of a distress taken by force of the statute of 3 Jac. c. 10. may plead not guilty and give the special matter in evidence and upon recovery or non-suit shall have treble damages 3 Iac. c. 10. Prisoners discharged by Justices of Peace who take the indictment to be void may be stayed if they change their opinion before â—udgement Lam. 540. A man outlawed for felony is imprisoned amongst traitors and breaking prison setteth them loose this is rescous of a traitor and treason Cro. 35. a. nu 5 6. Privy Sessions vide Sessions Process Process hath the name because it proceedeth or goeth out upon former matter either original or judicial Lam. 519. Suggestions and informations whether by word or writing are but to stir up the Justices to commend the cause to the Inquest and not to award process upon them Lam. 509. unless it be in certain causes where it is especially given them by statute ibid. Authority to make process upon endictments is given to the Justices by words of their commission or by implication where the power of hearing and determining is given by their commission Lam 520. Process ought alwaies to be in name of the King with Non omittas c. with Teste of any two Justices under their hands sitting in Court Lam. 520. Dal. 412. No process plea or suit is to be discontinued by making a new commission of the Peace 11. H. 6. c. 6. 1 Ed. 6. c. 7. Lam. 520 See the end of 1 E. 6. c. 7. Process upon all endictments of trespass against the Peace or upon special statute is Venire facias and if he be thereupon returned sufficient then a Distringas Infinitè if he be returned Nihil habet then Capias alias pluries Exigent Lamb. 522 523. Dal. 412. Process upon the stat of unlawful games liveries maintenance archery c. Venire facias Capias Exigent 33 H. 8. c. 10. Quaere if it be not repealed by 37 H. 8. c. 7. Lam. 523. Process upon the statute of Victuals at tachments Capias Exigent Lam. 523 524. Process upon depraving the Sacrament is two Capias Exigent Capias utlegatum and may be sent by any three Justices into any shire one being of the Quorum Lam. 524. Justice of Peace may award process into a forein county against an accountant for money levied for making a gaol 25 H. 8. c. 5 5 El. c. 24. Lam. 525. Justices of Peace where the servant departed may award a Capias to the Sheriff of the shire whereinto he departed returnable before themselves 5 El. c. 4. So where a decaied bridge is in one county and the party or land chargeable do lie in another county Lam. 525. 22 H. 8. c. 5. One indicted of treason or trespass in one county is imprisoned in another the Justices may award Habeas Corpus to remove him before themselves Lam. 526. Process upon indictment of felony may be sent into any forein county 5 E. 3. c. 11. Lam. 527. Process upon indictment of felony is two Capias and an Exigent 23 E. 3. cap. 14. Lam. 528. Indictment of treason felony or trespass in one county nameth the indicted to be of another the first process shall goe into the county where he is indicted the second to the county where he is named to be returnable â—hree months after and if he be not to be found there then that Sheriff to make proâ—lamation at two County Courts before the â—eturn that he appear before the Justices of â—he County where the indictment is at the lay in the Capias and if he appear not an Exigent to be awarded 8 H. 6. c. 10. Lamb. 525 â—26 The two Justices of the Peace which have â—he over-sight of the Sheriffs books and of the â—merciaments upon suggestion may make process as in an action of trespass against the offenders of that stat to answer before them â— 1 H. 7. c. 15. Lam. 360.
No process is to be awarded by the Justiâ—es after outlawry but they are to certifie the â—utlawry into the Kings Bench Lam. 521 522. Process upon informations must be such â—s the statute whereupon they are grounded doth appoint Lam. 528. The Sheriff or his minister that hath arrested or caused any fine ransome or a merciament to be levied by reason of indictment or presentment at the Sheriffs turn or law-day without process from the Justices loseth 40 pound 1 E. 4. c. 2. Lam. 431 521. Informations made in the Sessions that an alehouse keeper hath done any thing whereby he hath forfeited his recogniz the Justices of P. may award process against him to shew cause why he should not forfeit his recognizance Lam. 524. but quaere what process Lam. 524. Process cannot be awarded by the Justiceâ— of Peace upon any forfeited recognizance except ale-houses but they must certifiâ— them to the higher Courts Lam. ibid. Proclamation Justices of Peace cannot acquit felons by Proclamation or without sufficient acquital anâ— if they cannot indict them they must remain till the gaol-delivery Lam. 549 550. The form of Proclamations to remove â— force upon a writ upon the statute of Northbampton vide Lam. 168 169. Dal. 61 62 Constable if any affray be dangerous may make proclamation Lam. 132. Dal. 33. maketh a quaere One Justice of Peace may make a proclamation in the Kings name to stay a riot Lam. 183. Quaere for the statutes 1 M. 12. 1 El. cap. 19. are expired Justices of Peace at every Sessions use to make proclamation that if any will inform for the King he shall be heard Lam. 520. Proclamation annexed to the statute of 4 H. 7. c. 12. is to be read every Q. Sessions or every Justice present loseth 20 shill 4 H. 7. 12. Lam. 633. Quaere if of force now Promoters vide Informers Prophesying Prophesier with intent to make rebellionâ— dissention loss of life or other disturbance â—n the Realm being convicted thereof before the Justices of Peace shall be imprisoned one year without bail for the first offence and forfeit also ten pound for the second offence imprisoned all his life and lose all his goods and â—hattels real and personal and to be impeachâ—d within six months 5 El. c. 15. Lam. 415 â—16 Purveyors If purveyors caterers or servants of any â—an but the King take any thing without â—he owners will or as they can agree and â—ake present paiment it is felony Lam. 231. Dal. 282. Cro. 48. a. Purveyor shall not take cart or other proâ—ision of any Prelate or Clerk Purveyor his deputy undertaker or serâ—ant maketh purveyance without warrant â—f any thing above 12 pence without conâ—â—nt of the owner it is felony 2 3 P. M. â—6 Lam. 422. Dal. 286. Cro. 48. a. Purveyor taking any carriage in other â—anner then is comprised in his commission is felony 36 Ed. 3. cap. 2. Lam. 423 Dal. â—86 Or any purveyance without commission â—nder the great Seal Dal. ibid. Cro. 48. b. it is â—â—lony Or make purveyance of goods above 12 â—ence without testimony and apprizment of â—â—e Constable and four honest men of the own and without delivering tales or Indenâ—ures under his seal testifying his purveyâ—nce it is felony Lam. 423. Dal. 286. Quaere if it be but of the value of 40 shill â—r under Quaere by whom the apprizement â—hall be made and between whom the Indenâ—ures shall be made Dal. 287. To take more victuals or carriages for the Kings house then he shall deliver to the same house is felony Dal. 287. To take sheep in their wools betwixt Easter and Midsummer at small prices and tâ— carry them to his own house to shear them Lam. 423. Dal. 286. 23 E. 3. cap. 15. is felony Quaere if the felony of purveyours by 36. E 3. c 6. be not altered by 23 H. 6. 1 2. Purveyour taking any thing of the value oâ— 40 shillings or under without present paiment loseth double the value of the thiâ— taken and the Constable upon request made not aiding him to resist the purveyour â—â— taking loseth double damages And any of the Kings officers procurinâ— any to be arrested or vexed for such resâ—stance loseth 20 pound 20 H. 6. c. 8. 2â— H. 6. c. 2. Lam. 439. Purveyour taking any thing of any man tâ— spare him is to be imprisoned two years paâ— treble damages and ransome Lam. 439. Purveyour taking corn by other measurâ— then the stricken bushel or by any morâ— then eight such bushels to the quarter anâ— that hath taken carriages therefore withoâ—â— making ready paiment is to be imprisoneâ— one year and pay five pound unto the Kiâ—â— and 5 pound unto the party 25 E. 3. c. 1. 3â— E. 3. c. 3 1 H. 5. c. 10. Lam. 439. Purveyor of timber or his deputy causinâ— any timber to be felled fit for barking bâ— only in barking time except trees for building or repairing the Kings ships or houses oâ— having taken any profit by the lops tops oâ— barks of any trees or having taken from the owner any more of any tree then onely the timber loseth 40 shill for every tree Lam. 438 439. 1 Jac. c. 22. Dockets of Purveyours ought to be deliverd over to the Justices of Peace at the next general Sessions and by the Justices to be certified to the Treasurer of the Kings houshold 2 3 P. M. c. 6. Lam. 614. Purveyour taking any provision for the Kings house by force of his commission and â—elling away the same his first taking is extorâ—ion and he is punishable as a trespasser if not â—s a felon Dal. 287. Undertakers deputies servants and all oâ—her which under colour of the Kings Commission to the Kings Purveyors do take any victuals against the statute are liable to the pains therein mentioned against purveyours 2 3 P. M. c. 6. Cro. 48. b. Justices of Peace are to certifie to the Treaâ—urer of the Kings houshould the dockets of purveyours brought to their Sessions by Constable that the serving of such Commissions and the true answering of purveyance may be better examined thereby Lam. 590. 2 3 P. M. c. 6. Upon malice prepensed to put out any ones eyes is felony 5 H. 4. c. 5. Cro. 49. a. Lam. 256 420. Dal. 280. Quarter-Sessions vide Sessions Rape or Ravishment DEflowring of a maid under ten years oâ— with or without consent is felony wiâ—â—out Clergy 18 El. c. 6. Lam. 256 421. Dâ—â— 290. Cro. 47. b. Ravishing of a woman against her wâ— without consent either before or after â—â— fact or being with force though after â—â— do consent is felony without Clergy Weâ—â— c. 34. 18 El. c. 6. Lam. 256 241. Cro. 47. b. Dâ—â— 290. To be present and aiding the ravisher rape Lam. 258. Cro. 47. b. Stam. 24. Dal. 29 No rape where the party deflowered concâ—â—veth with child Lam. 257. Dal. 289. Cro. â—â— b. Stam. 24. Deflowering of one kept as the deflowerâ—â—
if he refuse to findâ— sureties to carry him to prison Dal. 186. The party attached can be bound onely â—â— fore him that sent out the Warrant Dal. 186 The Justice is to execute the Supplicavit aâ— it directeth Dal. 187. If the sums be left to discretion it is safe tâ— take good summes Dal. ibid. After sureties taken the Just may make him a Supersedeas Dal. 187. The Justice needs not return the Supplicavit nor make certificate until a Certioraridâ— come to him Lam. 109. Dal. 190. Supremacy To refuse the oath of supremacy the firâ—â— offence is Praemunire the second Treason â—â— Eliz. cap. 1. Surety of the P. is the acknowledgement of a recognizance to the King taken by a competent Judge of record for the keeping of the Peace Dal. 161. Lam. 75. Every Justice of Peace may take and comâ—and the Peace either as a Judge or a Miniâ—â—er Da. ibid. Justice of Peace may command surety of â—e Peace either of his own discretion â—â— at the prayer of another In what cases a Justice of Peace may command surety of the Peace by his own discretion Dal. 162. 1. One that maketh an affray upon the Juâ—â—ice himself or an assault 2. Such as in his presence make an affray â—pon another or offer to strike another 3. Such as in his hearing shall threaten to â—ill beat or hurt another or to burn his house 4. Such as in his presence contend only in â—ot words 5. Such as in his presence go or ride armed â—ffensively or with unusual number of serâ—ants or attendants and servants and laâ—ourers that bear any weapons contrary to â—he statute of 12 Ric. 2. c. 6. 6. Any person by him suspected to be inâ—lined to break the Peace 7. If the Constable bring one before him â—hat shall threaten to kill maim or beat anoâ—â—her 8. If the Constable bring one who in his presence attempted to break the Peace by drawn weapon striking or assaulting another 9. Whom the Constable findeth fighting or quarrelling in a house he may break open â—he door and bring them before a Justice of Peace to be bound 10. He may make his warrant for such â— have made an affray and bind them to thâ— peace 11. If one have received a wound he maâ— bind the one and the other till the wound bâ— cured and the malice over 12. Such as go or ride armed offensivelâ— to fairs or markets or wear or carry dags oâ— pistols charged 13. Common Baretors Dal. 163. 14. Rioters 15. Him that standeth bound to keep thâ— peace and hath forfeited his recognizance bâ— breach of the peace but not till he be convâ—cted and the forfeiture levied Dal. 163. Yâ— Cro. 141. saith that he may be bound â— new if he be only convict for breaking thâ— peace 16. Him that standeth bound if his suretiâ— be insufficient Just of Peace is to send to prison him thâ— refuseth to give sureties until he find surâ—ties Dal. 163. Cro. 138. b. nu 8. Justice of Peace may cause one to be aâ—rested to finde surety of the peace against another and grant a warrant for it for â—â— might have bound him of his own authoritâ— Dal. 163. Justice of Peace may perswade a man â— require surety of the peace against anâ—ther and grant a Warrant for it for â—â— might have bound him of his own authâ—rity Lam. 78. Dal. 162 336. At the request of another â—e may commanâ— surety of the peace but must first take an oâ—â— of the party that demandeth the peace thâ— â— standeth in fear of his life or of some bodiâ— hurt or to have his house burnt Lam. â— Dal. 163. Sureties in a recognizance ought to be â—wo and registred in Subsidy for though â—ome may be sufficient which were not asâ—essed yet it standeth not well together that â—e should be bound to the King in 10 li. or â—o li. that in Subsidy was not found worth â—ny thing Dal. 175. Justices of Peace in Sessions may exaâ—ine sureties upon oath of their sufficiency Dal. 175. â—uses to require surety of the Peace 1. He that is threatned to be hurt in body â—â—o be beaten wounded maimed or killed â—â—l 164. 2. He that feareth another will beat â—und maim or kill him Dal. ibid. 3. He that feareth another will burn his â—use Dal. ibid. 4. He that feareth that A. will procure aâ—her to hurt him in his body or burn his â—use Dal. 164. 5. If a man lie in wait to beat kill or hurt â—other Dal. ibid. Quaere if he threaten to burn his goods In what cases a man shall not have the Peace granted 1. To threaten one to imprison him Dal. â—4 Lam. 82. Cro. 135. a. Quaere tamen Br. â—ace 22. 2. Where one is in fear that a man will hurt his servant cattel or other goods Dal. 16 Cro. 138. a. Lam. 83. but he may have a wrâ—â— out of the Chancery Dal. seemeth to be â— the other opinion 164. 3. Because he is at variance with â—â— neighbour Dal. 164. Lam. 83. 4. Where there is no fear of present future danger Dal. 164. Lam. 84. 5. For a battery past yet a Justice if â— see cause may bind over the affrayers Dâ—â— 165. Pax Regis 14. Justice of Peace may deny to grant sureâ— of the peace if it be upon meer vexatioâ— yet if the party will take his oath it is nâ— safe to deny it Dal. 165. yet afterwards peâ—ceiving it to be of malice and for vexaâ—â—on he may bind the party so requiring it his good behaviour Against whom surety of the Peaâ—â— may be granted Against a Knight or any person under â— degree of a Baron Dal. 166. Against Sheriff Coroner Escheator â— other officer of Justice But it is not goâ— to bind them versus cunctum populum Dâ—â— 166. Lam. 80 81. Against any Ecclesiastical person not â—â—ing divine Service in the Church or Churâ—â—yard or other place dedicated to God Dâ—â— 166. 50 Ed. 3. c. 5. 1 R. 2. c. 15. One Justice of Peace may grant the surâ— of the peace against his fellow Justices thoâ— sitting in Sessions Cro. 134. b. Dal. 1â— Lam. 80. One Justice of Peace may demand the â—eace against another man Lam. 81. Dal. 67. The wife may demand the peace against â—er husband if he threaten to kill her or â—utragiously beat her or she have notorious â—â—use to fear it and the husband may crave â—e peace against his wife Dal. 167. Lam. 78. â—â—o 133. b. The peace may be granted to a feme covert â—â— an infant under the age of 14 years if he â—ave discretion to crave the peace but they â—ust be bound by sureties and an infant unâ—er that age may demand it Dal. 167. La. 79. A Lunatick may crave the peace and have â— granted him Dal. 167. Lam. 79. It may be granted against one attainted â—â—ther of treason or of felony or convict of â—eresie Dal. 168. and they may demand it â—am 79. It may be had against an excommunicate â—erson Dal. 168. and an
quarter broad 3 quarters of an inch thick or lose 5 shill a hundred 17 E. 4. c. 4. Lam. 468. Roof-tile must be 13 inches long half inch and half-quarter of an inch thick conveniently deep or lose 6 shill 8 pence an hundred ibid. Gutter-tile must be 10 inches and an half long of convenient breadth depth and thickness or lose two shill an hundred ibid. Searchers of tile for every default in searching lose 10 shill ibid. Tipling The Inne-keeper Victualler or Alehouse-keeper that suffereth any to continue tipling in his house shall forfeit 10 shill to be levled by distress by warrant from one Justice of Peace and to be sold after 6 daies for want of distress to be sent to the gaol till payment be made 1 Jac. c. 9. 7 Jac. c. 10. 1 Car. c. 4. Lam. 192. The Oath of Constables Churchwardens Headboroughs Tithingmen and Aleconners are to be enlarged and extend to present all offences against the statutes of 1 Jac. c. 9. 4 Jac. c. 5. 21 Jac. c. 7. Any continuing tipling in an Inne Victualling-house or Alehouse shall forfeit 3 shill 4 pence to the poor or not being able to pay the same shall sit in the stocks four hours 1 Iac. c. 9. 7 Iac. c. 10. 21 Iac. c. 7. Vide Alehouses 4 Iac. c. 5. Tithes Two Justices of Peace one being of the Quorum upon complaint by any competent Judge of tithes for any misdemeanour of the defendant in a suit of tithes may cause him to be attached and committed to ward till he finde surety by recognizance to obey the sentence and process of the Judge 27 H. 8. c. 7. 27 Eliz. c. 11. Lam. 357 Dal. 141. Upon complaint in writing by an Ecclesiasticall Judge that hath given definitive sentence in case of tithes against one wilfully resusing to pay the tithes or summe of money adjudged two such Justices of P. may cause the party to be attached and imprisoned till he finde surety to perform the sentence 32 H. 8. c. 7. Dal. 144. Lam. 357. Cro. 197. a. nu 22. Miller taking Toll by heaped measure is to be fined 31 Ed. 1. de pistoribus Lam. 461. Miller taking excessive Toll viz. more then the twentieth or twenty fourth part of the Corn according to the force of the water or by a Toll-dish not agreeing with the Kings measure or otherwise then by strike shall be grievously amerced 51 H. 3. c. 3 Cro. 92. a. A Miller shall have Toll of a bushel of hard Corn three wine pints and of a bushel of Malt but one pint if the Corn be brought to the Mill for that a Mill will grinde three bushels of Malt as soon as one bushel of hard Corn Cro. 92. a. Quaere for 51 H. 3. c. 3. doth not express so much Vide Dal. 151. Toll-gatherer for horses taking above a peny for one contract or entring the parties names and that in the same place only where the market or fair is and between ten of the clock in the morning and Sun-setting loseth ten shill and is to answer the party grieved 2 3 P. M. c. 4. Lam. 471 472. Toll-taker not knowing the seller of an horse mare c. the seller may bring one creditable witness that will testifie he knoweth the sellers name mystery and dwelling-place and there to enter them with the true price of the horse or loseth 5 l. 31 Eliz. c. 12. Cro. 91. a. Lam. 472. Any giving testimony to the Toll-taker unless he do truly know the same loseth five pound ibid. A thief selleth a stolen horse by a false name and is so entred into the Toll-book such misnaming maketh the sale void Dal. 74. Toll-taker refusing to give to the buyer or taker of such an horse c. a true note in writing of his entry the party paying two pence for the same loseth 5 l. 31 El. c. 12. Transportation Every man may transport corn it being at â—he prices following except it be forbidden by proclamation 1 Iac. c. 25. 21 Iac. c. 28. 3 Car. â— 4. Wheat a quarter 26 shil 8 pence Rie and Pease a quarter 15 shill Barley and Oats a quarter 14 shill Every subject born within the Realm when â—he prices of corn at the times places and â—avens when where the said corn shall be bought shipped or laden exceed not the rates following may carry and transport of his own and buy to sell again in markets or out of markets and to keep or sell or carry or transport any of the said corn from the places where they shall be of such prices unto any parts beyond the seas in amity with his Majesty in English vessels or carry or sell in other places within the Realm except where such transportation shall be forbidden by the Kings Proclamation 3 Car. c. 4. Wheat a quarter 32 shill Rie Pease and Beans a quarter 20 shill Barley a quarter 16 shill Every man may transport any beer when the price of a quarter of Malt exceedeth not 16 shillings Traverse is the denying of the chief matteâ— in an indictment Lam. 540. Traverse upon a forcible entry or detaineâ— found upon presentment quaere before whoâ— the traverse is to be made or tendred Laâ— 158. Notwithstanding offer of traverse upon eâ—quiry of a force the Justice of Peace muâ—â— make the restitution by the statute of 8 H. â— or else deliver or certifie the presentment iâ— the Kings Bench Lam. 158. Dal. 60. Traverse lyeth where one Just of P. alonâ— will take upon him to record a Riot that hâ— seeth and the party shall not be conclude thereby Lam. 182. Traverse of an indictment of felony oâ— treason is not usual Lam. 541. Traverse of an indictment may be beforâ— the Justices of Peace Lamb. 542. If the Couâ—â— where the presentment is found cannot aâ— ward process thereof it cannot receive a traverse of the presentment as a leet of blood shed Lam. 542. That Court that may award process ad respondendum upon an indictment may take â— traverse of it Lam. 543. Presentment of bloodshed found in thâ— Sheriffs turn and sent to the Justices of Peaceâ— cannot be traversed before them Lam. 54â— One of the Enquests presents himself it iâ— not traversable Lam. 543. Where process ad respondendum goeth ouâ— upon an indictment that is traversable thâ— party may offer and have his traverse Lam 542 543. Quaere whether a man be admitted to traverse a presentment except it change him in the freehold Lam. 543. Travelling beyond the Seas Officer of Ports or owner of a Vessel suffering any woman or child under 21 years of age except Sailers ship-boies apprentices or â—actors of Merchants in their trades to go or carrying any of them beyond sea without â—icence of the King or six of the Privy Counâ—el under their hands such Officer of the Ports forfeiteth his office and all his goods and the master of the Vessel his Vessel and â—mprisonment without bail for 12 months and loseth also all his goods 3