60. 63. 78. 47. 10. Carol. ca. 18. in Ireland 15. Also the statute of 10. Caroli in Ireland seemeth to admit that for manslaughter and all other homicide except murder only the slayer may be bailed by the Iustices of peace which also is the common practise at this day but let the Iustices of peace be sparing and well advised herein viz. that the offence be but manslaughter and not murder 16. Also it seemeth the Iustices of peace cannot baile him that hath committed manslaughter if either he hath confessed the offence upon his examination Or that he be taken with the manner Or that it be apparantly knowne that he killed the other for then it is more then suspition but he that hath dangerously hurt another may goe under baile 17. Likewise no person taken by the Kings commandement was baileable by the common Law but this must be intended of the Kings commadement by his owne mouth or by his privy counsell which are incorporate to him Stamf. 73. See Stamf. 72. Br. Mainp 37. 47. neither was any person taken by the commandement of the Kings Iustices baileable by the common Law but this must be intended of their absolute commandement as if the Iustice commands one to prison without shewing cause why he doth so command or for misdemeanour done in his presence or for some other cause which lyeth in the discretion of the Iustices more then in his ordinary power P. Iust 107. 18. But now for that by the statute 10. Caroli ca. 18. It is provided that no Iust or Iustices of P. shall let to baile any person contrary to the aforesaid statute of Westm 1. made 3. Ed. 1. ca. 15. And so the said statute of Westm 1. is now as a line whereby the Iustice of peace are to guide themselves in cases of Bailement I will shew here what persons are baileable by that statute of Westm 1. and what not 19. By the statute of Westm 1. no prisoner shall be let to baile 3. Ed. 1. 15. P. Mainp 1. F. N. B. 66. c. which is taken in any of these twelve cases following 1. First such as have abjured the Realme shall not be bailed 2. Stamf. 144. b. Nor any approver or appellor for that he confesseth the felony and himselfe guilty before he can burthen or accuse another as coadjutor or helper with him in doing the same 3. Nor he which is appealed by an approver Fitz. 250. D. Br. Mainp 97. so long as the approver doth live except he be of good name or that the Approver doth waive his appeale See Stamf. 74. 4. Nor he which is taken for burning of burning of a house c. feloniously 5. Nor any excommunicate person taken at the Bishops request sc upon his certificate by the writ of Excom capiend F. N. B. 66. 6. Nor any felon taken with the manner or taken for a manifest offence 7. Nor a Theefe openly defamed and knowne 8. Nor he which is outlawed and yet in some cases such as be outlawed may be bailed by the Court c. See Stamf. 74. 9. Nor he which hath broken the Kings prison 10. Nor he which is taken for Treason 11. Nor he which is taken for falsifying the Kings mony 12. Nor he which counterfeiteth the Kings seale Br. Mainp 59. 20. But by the same statute of West 1. Persons baiâ—eable West 1. 15. P. Mainp 2. Persons suspect such persons are baileable which be taken in any of these cases following 1. First he that is taken or indicted for light suspition of felony is baileable F. N. Br. 249. g. 250. c. 251. f. 2. He that is taken upon suspition of burglary robbery or theft Stamf. 74. c. if he be not of evill fame nor that there be any strong presumption against him it seemeth he is baileable 3. A man had stolne certaine hoggs 16. E. 4. 5. Br. Mainp 75. and for that he was of evill fame he was committed without baile yet if he could have brought proofe or witnesse that he bought them hee should have beene bailed 4. A man is arrested for suspition of felony and brought before the Iustice if it shall appeare there is no such felony committed Cromp. 15. the party may be set at liberty without baile but if there be a felony committed and any probability that the prisoner is guilty although in truth he be not guilty yet the Iustice must either commit him or baile him 5. Pery Larceny B. Mainp 2. Fitz. 150. E. He that is taken or indicted for pety Larceny that amounteth not above the value of xij d if he were not guilty of some Larceny before he is baileable 6. Persons indicted P. Mainp 2. Such as be indicted of Larceny generally shall be set at liberty upon sufficient surety 21. And yet they shall not be bailed if they be not also of good fame Stamf. 74. Fitz. 1. 9. 250. Br. Mainp 97. but if they be of good fame they may be bayled although they be indicted by the Iustices that have authority to heare and determine felony yet the Iustices of peace out of their Sessions may not safely baile such persons for being indicted they are then more then vehemently suspected 22. One that was indicted before the Coroner that he had killed another Se defendendo was by the Iustices of gaole delivery bailed till the next Assises to purchase his pardon 26. Eliz. Cromp. 153. Fitz. Na. br fo 249. g. 23. One that was indicted in the Sheriffes Turne for stealing of a horse may be bailed by the Sheriffe if he be of good fame as appeareth by the writ de manucaptione F. N. B. 249. g. Also one that was indicted of Burglary as principall pleaded not guilty and was after bailed 29. lib. Ass Fitz. Mainp 9. Another that was indicted of Robbery was bailed 41. lib. Ass 30. Br. Mainp 61. but these were bailed by the Court and not by a Iustice of peace in the Country Persons attaint or convict Stamf. 74. D. F. Cor. 297. 354. 24. But such as are attainted or convicted of felony are not baileable for although it doth not appeare by any words of the said statute of Westminst 1. that it doth prohibit the bailement of such as be convicted by verdict yet it is to be intended that the statute doth aswell prohibite the bailement of those convicted and attainted by verdict as it doth of them who be attainted by Outlarie And therefore if a prisoner after he hath pleaded not guilty be convicted by verdict that be killed a man Se defendendo 25. E. 3. 42. or by misfortune yet he shall not be bailed by the opinion of some bookes Neverthelesse the Iustices of Assise use to baile the prisoners that are found guilty Se defendendo or per infortunium taking security by recognizance that the prisoner at the next Assizes shall appeare and produce his pardon of grace And this I conceive to
to prison thereto remaine untill he shall finde sureties and yet the writ of supplicavit is to commit the party to the gaole if he shall refuse before the Iustices si coram vobis vel te recusaverit but the Iustice or Sheriffe cannot give their power to another to take this surety for that is a judiciall power which cannot be assigned over neither can they make any Deputy therein but they must take this surety themselves Br. office 39. 11. If the party shall make resistance upon the execution of this writ it seemeth the officer may take posse comitatus to aid him to arrest such party 12. F.N.B. 80. d. He that is to be bound to the peace by force of this writ of supplicavit out of the Chancery is to bee bound against him only that sueth out the writ as appeareth by the forme of the writ aforesaid 13. But yet at this day it is used otherwise Dalton p. 165. and Master Dalton saith that he once received out of the Chancery a speciall writ of supplicavit directed custodibus pacis ac vic eorum cuilibet commanding them to take sureties of the peace to be bound quod ipse damnum vel malum aliquod alicui de populo nostro precipuè eidem Ioh. c. that sued out the writ non fac nec fieri procurabit c. 14. Also by this writ of supplicavit the party against whom the writ is sued forth shall be bound to the peace for ever if he be taken for the writ containeth or mentioneth not that he shall be bound to keepe the peace untill any certaine time but generally ad sufficientem securitatem inveniend sub poena c. and therefore to prevent this the party before he be attached may come into the Chancery and there finde sureties and be bound untill a certaine day that he shall doe no hurt unto the party that sued forth the supplicavit and thereupon he shall have a supersedeas out of the Chancery directed to the Iustices of peace and to the Sheriffe commanding them to surcease to arrest the said party or to compell him to finde any sureties c. and that if they have arrested him for this cause and none other that then they deliver him c. Fitz. 81. a. F.N.B. 81. 2. Cromp. 144. 15. And if the party against whom this writ is sued forth cannot travell or else will not travell to bind himselfe in the Chancery then he may cause some of his friends to be bound for him or to finde sureties in the Chancery for him according to the supplicavit and thereupon they may purchase for him a supersedeas directed to the Iustices of peace and to the Sheriffe and by this supersedeas the Iustice and Sheriffe shall be commanded to take also surety of the party himselfe in the County according to the writ of supplicavit that he shall keepe the peace c. 16. Also if the party happen to be arrested and imprisoned upon this writ yet if he can procure a supersedeas out of the Chancery it seemeth by the words in the end of the supersedeas that this will discharge him of the arrest or imprisonment 17. Note after the party is arrested and imprisoned upon this writ the meanes for him to procure a supersedeas out of the Chancery must be 18. Either to get some of his friends to be bound in the Chancery for him and they to get a supersedeas ut supra 19. Or else to get a certificate to the Lord Chancellor from 3. or 4. Iustices of peace in his behalfe 20. This writ of supplicavit is granted or to be granted in the Chancery or Kings Bench F.N.B. 79. h. upon great cause shewed and proved there and is or ought to be granted upon oath that the party is in feare c. of some bodily hurt c. Co. 8. 37. 21. And it is to be wished that in the granting thereof great care be taken for oftentimes this writ of supplicavit is procured and gotten out rather of malice and for vexation then upon any needfull and just cause and Sir Edward Coke speaking of such as malitiously shall purchase out any such speciall supplicavit or latitat of the peace and that by fraud and malice to inforce the other party ad redemendam vexationem to give them money or to yeild the other composition brandeth them as Barreters and notable oppressors of their neighbours oppressing the poore and innocent by colour and countenance of Law which was ordeined to protect the innocent from all oppression and wrong neither is this a wrong only to the party thus malitiously vexed but also to all the Iustices of peace resident in that County taxing them tacite as though the demandant could not have Iustice at their hands in such a case whereas perhaps the demandant never demanded the same at any of their hands and besides the Iustices of peace having in all likelihood knowledge of each party and of their behaviours or any one of them might and would no doubt yea and ought to have yeelded the demandant upon request and just cause shewed to them as sufficient and good surety in the Countrey every way See more before in this title as I conceive it for his safety as namely as many and able sureties and better knowne and to have beene bound in as great summes and for as long time if the case should require so as what should move them to seeke with more trouble charge and delay to themselves that security above which they may have more speedily and with lesse charge and trouble at home I see not but onely or chiefely the vexing and oppressing of their neighbours aforesaid and for that this manner of oppressing beginneth to grow over common therefore I thought it not amisse here to observe what remedy the Iustices of peace in the Countrey by some opinions may by their discretion yeild to their innocent neighbours against whom for vexation onely such a writ shall be malitiously procured scilicet 22. Where one hath procured a supplicavit out of the Chancery or Kings Bench against another if he hath not before demanded this surety of the peace at the hands of some Iustice of peace in the Countrey or that the party against whom he hath procured the supplicavit be one of such condition and sort as that in likelihood the Iustices of peace in the Countrey will not deny to grant such surety against him then if three or foure of the next Iustices of peace in the Countrry shall certifie to the Lord Chancellor if the supplicavit proceeded out of the Chancery that the party plainetiffe never demanded the peace in the Countrey and further that the plainetiffe is a contentious man and the other party of good fame upon such certificate as is said they will discharge the party or grant a supersedeas 23. Note to conclude this businesse if the surety of the peace be taken by vertue of a
finium amerciamentorum forisfactorum ad generalem Sessionem pacis tentam apud Trym c. Coram c. For the whole forme of the making whereof there is full direction given to all Clerkes of Estreates by the statute 7. H. 4. cap. 3. whereunto I referre them 26. Howbeit I doe not thinke Iu. of the P. ought to have caâ—e of the Estreats that in our case this duty of estreating is so peculiar to the Clerke of the peace but that the Iu. of P. themselves ought also to have a common and carefull eye unto it For if you remember it is both specially provided for in the Commission and also an Article of their oath to see unto the faithfull entry and certificate of the issues fynes forfeits and amerciaments that doe happen before them and therefore it were well done in my opinion if the Iu. would by turne or otherwise both take knowledge of things that have passed before them and also take order that the same be certified accordingly lest otherwise it lye altogether in the power of the Clerke of the peace to save or slay as one said the Sparrow that he holdeth closed in his hands Of executory processe and execution for the parties that sun or for other persons and of the restitution of goods stollen CHAP. 18. 1. ALbeit that the Iustices of the peace have this power to make warrants for levying the amerciaments fynes and other forfeits that grow unto the King by their service yet is it commonly thought that they may not but in some cases only and that by speciall words of the statutes make execution for them that will sue of such part of the forfeiture as the statutes doe appoint for them 2. For most commonly the party that will sue is by the statutes put to his action at the common Law for recovery of that which he is to have growing upon conviction of any offence contrary to the statutes for which he is to commence his action or bill of debt But where they have power either by their Commission or by any statute to heare determine any cause at the prosecution of a private person I doe not see how the cause can well be said to be fully determined till the complainant hath had the effect of his suite which cannot be without execution Liveries 3. For the moity growing to the Informer upon the statute of Liveries 8. Ed. 4. cap. 2. they shall make such execution as ought to be had in recovery of debt or Trespasse High wayes 4. And the Estreats made by the Clerke of the peace of forfeits for default of amending high wayes are a sufficient warrant to the Constables to levye the same by distresses to the use of the Church-wardens of the Parish where the default was 11. Iacobi ca. 7. in Ireland toward the amendment of the said wayes Perjurie 5. So upon the statute of perjurie made in 28. El. cap. 1. in Ireland And peradventure search will afford some more examples but these may suffice for my desire which is not in this or any the like to recount all but to make good proofe of that which I offer and propound the rather that the Iustices and Clerke of the peace may thereby take occasion to looke upon the statute whensoever Execution shall be prayed for any cause depending before them upon any statute whatsoever Restitution of goods stollen 6. And because the awarding of restitution of goods stollen to the owner or partie robbed after the attainder of a felon by reason of the evidence given by them is a manner of execution for the party 28. H. 8. ca. 10. 4. Ma. cap. 6. in Ireland I may without violence bring hither the effect of the statutes made upon that point and lying within the authority of Iustices of the peace which standeth thus if any felon of goods money or chattels taken from any of the Kings subjects be indicted arraigned and found guilty thereof or otherwise attainted by reason of evidence given by the party robbed or the owner of the said goods money or chattels or by any other by their procurement then shall such party or owner be restored thereunto and the Iustices before whom such finding guilty or such attainder shall be shall have power to award writs of Restitution of the goods stolne in specie if they may be found and if they cannot be found or that the property be altered then they may award Restitution of the felons goods Of certifying the Records of the Sessions of the peace to other Courts or officers CHAP. 19. 1. AS I have already manifested that Iustices of the peace have not sufficient power of themselves to heare and determine all causes whereof they have in their Sessions authority to enquire So also there be sundry things determinable before them there which neverthelesse may in some respects be brought to a second handling either to the end to reverse that which they have done or that their doings may be an evidence and testimony in the tryall of causes before other Iudges 2. And because this cannot in any sort be performed without the presence of those former Records or the transcripts thereof which began with the Iustices of the peace it is therefore requisite that they doe make certificate of them unto those other Courts or officers that shall use the same 3. But as this certificate ought in some cases to be made by the Iustices of peace or their Clerke without any writ of Certiorari therefore directed and in some other cases they may spare to certifie untill that writ or some other commandement be brought unto them So also sometimes they are to certâ—fie and send up only a Tenor or Transcript as I have formerly said of the Record before them and sometimes the very Record it selfe must be conveyed from them 4. But in cases where Iustices of the peace have power to receive Endictments and no power to proceed any further upon them as in cases of Treason and some others which I have formerly declared there they ought to send up and certifie the Endictments themselves into the Kings Bench and that of duty without any Certiorari commanding the same because having none authority to heare and try the offences the Records thereof shall be unprofitable before them and therefore they can have no just cause to retaine them 5. And so if a man that is bound to keepe the peace and to appeare at the next Sessions of the peace doe make default of apparance the Recognisance it selfe together with the Record of that default must be estreated into the Exchequer that execution upon the Recognisance may be had there 3. H. 7. ca. 1. and so ought it if it be presented that the party hath forfeited his Recognisance by breach of the peace And likewise if it be presented before them that the chattels of a man attainted of felony be in the hands of another For in
Deut. ibid. Ye shall have no respect of persons in judgement 3. Hatred or malice against the partie or some of his See Levit 19.18 4. Covetousnesse when they receive or expect gift or reward for as the wise man saith Rewards and gifts doe blinde the eyes of the wise Eccles 10.28 and make them dumbe that they cannot reprove faults 5. Perturbation of mind as anger or such like passion Iames 1.20 The wrath of man doth not accomplish the Righteousnesse of God 6. Ignorance or want of true understanding what is to bee done Ignorantia mater erroris 7. Presumption when without law or other sufficient rule or warrant they presuming of their owne wits proceede according to their owne wils and affections There is more hope of a foole then of him that is wise in his owne conceit Prov. 26.12 8. Delay which in effect is a denying of Iustice Negligentia semper habet Comitem infortunium mora trahit periculum 9. Precipitation or too much rashnesse when they proceede hastily without due examination and consideration of the fact and of all materiall circumstances or without hearing both parties for as another saith qui aliquid statuerit parte inaudita altera aquum licet staâ—uerit haud aquus est hee that shall judge or determine of a matter the one party being unheard although he shall give just judgement yet is he not a just Iudge His Ma. speech in the Sâ—archamber Anno. 1616. 6. All these his late Majestie King Iames hath shortly yet fully observed in his charge lately given to the Iudges of England sc charging them That they doe Iustice uprightly and indifferently without delay partiality feare or bribery with stout and upright hearts with cleane and uncorrupt hands and yet not to utter their owne consents but the true meaning of the law not making lawes but interpreting the Law and that according to the true sence thereof and after deliberate consultation remembring that their Office is Ius dicere and not Ius dare 7. According to this last also is the rule given in the booke of Iudges sc in all causes doubtfull first to consider of the matter Iudges 1930. to consult and then to give sentence 8. Yea God himselfe hath given us Presidents of such deliberate proceedings as you may see in Genesis chap. 3. vers 8. Gen. 3.8.9.11 c. and chap. 18. vers 21. 9. These are worthy Directions for all Iustices of peace that they may carry themselves in their places uprightly and indifferently not uttering their owne conceites nor upon the sudden to over-rule things but after deliberate consideration and consultation then to proceede to execute the authority committed to them 10. Iustices of peace are Iudges of Record Their description or definâ—tion appointed by the King to bee Iustices within certaine limits for the conservation of the peace and for the execution of divers things comprehended within their Commission and within divers statutes committed to their charge 11. Now first that the Iustices of peace are Iudges of Record 9. E. 3. 4. 14. H. 8. 16. yea that every Iustice of peace by himselfe is a Iudge of Record and upon whose sole report and testimony the law reposeth it selfe very much appeareth more plainely if you observe these things following 1. Hee is made under the great Seale which is a matter of Record 2. Every Iustice of peace hath judiciall power given unto him by the Commission sc in the first assignavimus 3. Also by some statutes they have judiciall power given them for they may make a Record of a force by them viewed and may thereupon fine and imprison the offendors yea one Iustice of peace may also heare and determine and punish an offendor in some cases as convicted upon his owne view or examination as in cases of forcible Deteyner 4. His warrant though it be beyond his authority is not disputable by the Constable or other inferior Minister but must be obeyed and executed by them But this must bee understood 14. H. 8. 18. Co. 10. 7. 6. when the Iustice of peace hath Iurisdiction of the cause for or concerning which he hath granted his warrant for otherwise the Constable or other Officer executing such warrant is punishable notwithstanding the warrant 5. Hee may take a Recognizance for the peace c. which is a matter of Record and which none can doe but a Iudge of Record See Br. Recog 8. 14. 6. His record or testimony in some cases is of as great force and in some other cases of greater force then an Indictment upon the oath of twelve men as in cases of Forcible Entry forcible Deteyner and Riots 7. Great cause therefore have the Iustices of P. to take heed that they abuse not this their credit and authoritie either to the oppressing of the subject by making untrue Records or defrauding of the King by suppressing true Records 12. Now concerning peace it is the amitie confidence and quiet that is betweene men and he that breaketh this amitie or quiet breaketh the peace 13. Yet peace in our law most commonly is taken for an abstinence from actuall and injurious force and offer of violence and so is rather a restraining of hands then an uniting of mindes And for the maintenance of this peace chiefly were the Iustices of Peace first made 14. The breach of this peace seemeth to be any injurious force or violence moved against the person of another his goods lands or other possessions whether it be by threatning words or by furious gesture or force of the bodie or any other force used in terrorem populi 15. The Office of the Iustice of Peace is principally to be exercised to the suppressing of such injurious and unlawfull force or violence and yet the Commission of the P. being pro conservatione pacis pro quieto regimine gubernatione populi I see not why the Iustices of Peace should be restrained from preventing and repressing such other offences misbehaviours and deceits as may breake the amitie quiet and good governement of the people and whereof discords and so breaches of the peace doe often arise though there appeare neither force nor violence in the offence it selfe as libellings cosinages and such other offences 16. But it is no part of their office to forbid lawfull suits albeit they shall doe well to be mediators of peace in such suites and controversies as shall arise amongst their neighbours 17. The Conservation of the peace and therein the care of the Iustice of peace consisteth in three things viz 1. In preventing the breach of the peace wisely fore-seeing and repressing the beginnings thereof by taking surety for the keeping of it or for the good behaviour of the offendors as the case shall require 2. In pacifying such as are in breaking of the peace 3. In punishing according to the law such as have broken the peace 18. But of the three the first viz. the preventing part is
most worthy to be commended to the care of the Iustices of Peace 19. Iustices of peace at this day in Ireland are of two sorts and are appointed or created by two severall meanes videlicet The one by grant made by the King by Charter under the great seale By Charter Br. Commiss 5. as Mayors and chiefe Officers in divers corporate Townes And such the King cannot discharge againe at his pleasure but they shall continue and enjoy their Iurisdiction according as their Charters doe enable them And therefore if the King grant to a Mayor or other head Officer of a City or corporate Towne and to their Successors to bee Iustices of peace in their City or Towne and after maketh out a Commission of the peace to others there yet the authoritie and Iurisdiction of the Mayor c. remaineth good for that it was granted to them and their successors and is not revocable at the Kings pleasure as a Commission of the peace is And such Iustices of peace by Charter have thereby the same power that the Conservators of the peace had by the Common law And it seemeth such power also as is given to the Iustices of peace or to any one Iustice of peace by expresse words in any statute but none of them have thereby the whole power which is ordinarily given to the Commissioners of the peace by their Commission 20. The other sort of Iustices of peace are by Commission By Commission made of common course under the great seale and these are appointed by the discretion of the Lord Chancellour but the authority of these Commissioners of the peace doth determine by divers meanes yet more usually by three meanes First by the death of the King or by his Resignation of the Crowne Secondly at the Kings pleasure and that in two sorts Either by the Kings pleasure expressed as the King in expresse words may discharge them by his writ under the great seale or by Supersedeas 5. E. 4. â—2 Br Commis 1â— 12. Ass 2â— Br. Commis 13 Br. Commiss 20. â—â— but the Supersedeas doth but suspend their authoritie which may be revived by a procedendo Or by implication as by making other Commissioners of the same kinde and within the same limits leaving out the ancient Commissioners names 10. Ed. 4. 7. 3. Mar. 1. 21. But here the ancient Commissioners must have knowledge of such new Commission for this determination of the old Commission Br. Commiss 2. groweth not immediately by the making of the new Commission but either by giving speciall notice of the new Commission unto the old Commissioners Or else by and after the reading or proclaiming of the new Commission at the Assises Sessions of the peace or at the full County Or else by holding of some open Sessions by vertue of the new Commission in which two last cases the old Commissioners must take notice of the new Commission And in all these cases if the ancient Commissioners doe sit by vertue of their ancient Commission after such notice or publishing of the new Commission whatsoever such ancient Commissioners shall so doe is voide And contrariwise untill such notice or publishing of the new Commission whatsoever meane Acts such ancient Commissioners shall so doe by vertue of their ancient Commission the same are good in Law 34. Ass p. S. Br. Commiss 14. 22. 11. H. 6. ca. â— Also in all cases where an ancient Commission of the peace is determined by a new yet no proce's or suit depending before the old Commissioners shall be discontinued thereby neither shall any other thing done by the Iustices of the peace by force of their ancient Commission be made or become voide thereby Br. Com. 19. 21 Br. Offic. 15. 23. Note also that although by the death of the King or by his resignation the authoritie of all Iustices of peace yea and of all Iudges Dyer 165. Co. 7. 30. Br. Com. 5. Commissioners of Oyer and Termyner Commissioners of Gaole-delivery Sheriffes Escheators and other Officers that are by Commission doth cease yet Mayors and chiefe Officers in Citties and corporate Townes which have the authoritie of Iustice of peace or of the conservation of the peace by Charter to them and their Successors their authoritie still remaineth notwithstanding the Kings death or resignation 24. So also the authoritie of the high Constables and pettie Constables remaineth notwithstanding the death of the King c. for that their authoritie is by the common Law and to their said Office the conservation of the peace remaineth as a thing incident and unseparable from the same 4. E. 4. 44. Br Offic. 25. Dyer 165. 25. Coroners also do remaine Conservators of the peace within the County where they are Coroners notwithstanding the Kings death c. for they are made by the Kings Writ and not by Commission and their office and authoritie doth remaine untill they be removed by the Kings Writ and their office remaining the conservation of the peace remaineth as incident thereto Their oathes 26. Every Iustice of peace before he shall take upon him to exercise the office of a Iustice of Peace shall take two corporall oaths the one concerning the office of a Iustice of peace the other concerning the Kings supremacie 27. The oath concerning the office seemeth to be by force of the statute made 13. R. 2. ca. 7. the forme whereof as it now is followeth in these words viz 28. Ye shall sweare that as Iustice of the peace in the County of Dublin in all Articles of the Kings Commission to you directed you shall doe equall right to the poore and to the rich after your running wit and power and after the lawes and customes of the realme and statutes thereof made And ye shall not bee of Councell of any quarrell hanging before you And that yee hold your Sessions after the forme of the Statutes thereof made And the Issues Fynes and Amerciaments that shall happen to be made and all Forfeitures which shall fall before you ye shall cause to be entred without any concealement or imbesilling and truely send them to the Kings Exchequer ye shall not let for gift or other cause but well and truly you shall doe your office of Iustice of the peace in that behalfe and that you take nothing for your office of Iustice of the peace to be done but of the King and Fees accustomed and costs limitted by the statute and ye shall not direct nor cause to be directed any warrant by you to bee made to the parties but ye shall direct them to the Bailiffes of the said County or other the Kings Officers or Ministers or other indifferent persons to doe execution thereof So help you God c. 29. The parts of this Oath are shortly sixe 1. That they shall doe equall right to rich and poore and according to the lawes and statutes of the realme 2. That they shall not be of Counsell with any person
in any matter depending before them 3. That they shall keepe their Sessions according to the statutes 2. H. 5. 4. which as it seemeth ought to be in the weeke after the Feast of S. Michael after the Epiphany after the clause of Easter and after the translation of S. Thomas which is the third of Iuly 4. That all Issues Fines Amerciaments and Forfeitures which happen before them be by them truly entred and sent into the Exchequer 5. That they take nothing for doing their office but of the King and the accustomed Fees appointed by the statutes 6. That they shall not direct any their warrants to the parties but to the Bailiffes of the County or to other the Kings Officers or other indifferent persons 26. The other oath concerning the Kings supremacie is by force of the statute made secundo Eliz. ca. 1. The forme of which oath also followeth in these words videlicet 27. I. R. B. doe utterly testifie and declare in my conscience that the Kings Highnesse is the onely supreme governour of this Realme and of all other his Highnesse Dominions and Countries as well in all spirituall and Ecclesiasticall things or causes as temporall And that no forraigne Prince person prelate State or potentate hath or ought to have any Iurisdiction power superiority preheminence or authority Ecclesiasticall or spirituall within this Realme And therefore I doe utterly renounce and forsake all forraigne Iurisdiction powers superiorities and authorities and doe promise that from henceforth I shall beare faith and true allegiance to the Kings Highnesse his heires and lawfull Successors and to my power shall assist and defend all Iurisdictions privileges preheminences and authorities granted or belonging to the Kings highnesse his heires and Successors and united and annexed to the Imperiall Crowne of the Realme So help me God c. 28. Yet it is most usuall that both these oathes are taken by a speciall Commission viz. by a writ of Dedimus potestatem directed out of the Chancery to some ancient Iustice of Peace to take the same oathes which by them is to be certified into the same Court at such day as the writ commandeth 29. If the Iustice of peace or other person to whom a Dedimus potestatem shall be directed to take the oathes of a new Iustice of peace shall returne the Commission and the Oathes to be taken when they were not taken this is fineable in the Star-chamber 30. So if the new Iustice of peace shall exercise this office before he hath taken both these Oathes he is likewise fineable in the Star-chamber 31. Also if a Iustice of peace shall not performe his oath concerning his office he is fineable in the Star-chamber if the neglect be of corruption or any sinister affection otherwise it is if it be by Ignorance onely 32. Now forasmuch as the authoritie of the Iustices of peace ariseth partly out of their Commission and partly out of the statutes I will set downe the forme of the Commissions now used in Ireland which are consonant to the Lawes and statutes and to the politique government of this Kingdome A president for the Commissions of the peace for all the â—ountyes of Ireland except Dublin CAroluâ— Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Predilecto fideli Consiliario nostro Adamo Vice-comiti Loftus de Ely Concellario nostro Regni nostri Hiberniae c. salutem Sciatis quod nos de fidelitat circumspectionibus vestris plurimum confidentes Assignavimus per praesentes assignamus vos conjunctim divisim quemlibet vestrum Iusticiarios nostros ad pacem nostram in Comitatu nostro Middie conservand Ac ad omnes ordinationes statuta pro bono pacis nostrae pro conservatione ejusdem pro quieto regimine gubernatione populi nostri edita in omnibus singulis suis articulis in dicto comitatu nostro tam infra libertates quam extra juxta Vim formam effectum eorundem custodiendum custodiri faciendum ad omnes contra formam ordinationum vel statutorum illorum aut eorum alicujus in comitatu predicto delinquentes castigandum puniendum prout secundum formam ordinationum statutorum illorum fuerit faciendum Ac ad omnes illos qui alicui vel aliquibus de populo nostro de corporibus suis vel de incendio domorum suarum minas fecerint ad sufficientem securitatem de pace vel de bono gestu suo erga nos populum nostrum inveniendum coram vobis seu aliquo vestrum venire faciendum Et si hujusmodi securitatem invenire recusaverint tunc eos in prisonis nostris quousque hujusmodi securitatem invenerint salvo custodiri faciendum Assignavimus etiam per praesentes assignamus vos quoslibet duos vel plures vestrum quorum prefat Cancellar nostr aut A. B. aut C. D. unum esse volumus Iusticiarios nostros in per totum Comitatum predictum tam infra libertates quam extra ad inquirendum per sacramentum proborum legalium hominum Comitatus predicti ac omnibus alijs medijs modis quibus rei veritas melius sciri poterit de omnibus singulis proditionibus murdris homicidiis incendiis illicitis assemblationibus feloniis roberâ—s veneficiis incantationibus sortilegiis arte magica transgressionibus forstallariis regratariis ingrossariis extortionibus quibuscunque Ac de omnibus singulis aliis malefactis et offensis quibuscunque de quibus Iusticiarii pacis nostrae legitimè inquirere possunt aut debent per quosâ—unque qualitercunque in Comitatu predicto factis vel quae imposterum ibidem fieri vel attemptari contigerint Ac etiam de omnibus illis qui in Comitatu predicto in Conventiculis contra pacem nostram in perturbationem populi nostri seu vi armat ierunt vel equitaverunt aut imposterum ire vel equitare presumpserint Ac de omnibus illis qui ibidem ad gentem nostram maheymandam vel interficiendam in insidiis jacuerunt aut imposterum jacere presumpserint Ac etiam de hostellariis omnibus singulis aliis personis qui in abusu ponderum vel mensurarum sive in venditione victualium contra pacem communem legem nostram ac contra formam ordinationum vel statutorum vel eorum alicujus inde pro Communi utilitate dicti Regni nostri aut populi nostri ejusdem edit delinquerunt vel attemptaverunt aut imposterum delinquere vel attemptare presumpserint in Comitatu predicto Ac etiam de quibuscunque vicecomitibus Ballivis Seneschallis Constabulariis Custodibus Gaolarum aliis officiariis qui in executione officiorum suorum circa premissa seu eorum aliqua indebite se habuerunt aut imposterum indebite se habere presumpseriut aut tepidi remissi vel negligentes fuerunt aut imposterum fore contigerint in Comitatu predicto Et de
the Affrayors doe flie into another County the officer as every other private person may pursue them into the other County and may stay or arrest them there but the officer cannot bring them out of that County but must carry the Affrayors before some Iu. of peace of the same County where they were taken c. But if the Affray be in one Towne and the Affrayors doe flie into a franchise or liberty within the same County the officer may pursue them and take them out of the Franchise by fresh suite 83. See 2. E. 4. C. Br. Tres 296. But if the Constable hath arrested one upon a warrant from a Iustice of peace and after the arrest the party escapeth of his owne wrong and flieth into another County the Constable may pursue and take him in the other County by fresh suite and bring him before the Iu. of peace upon whose warrant he was first arrested 84. If a prisoner that is taken in execution shall make an escape of his owne wrong and shall flie out of sight and into another County where the Sheriffe hath no power yet the Sheriffe c. upon fresh suite may take him againe in any other County and he shal be still said to be in execution yea without fresh suite the Sheriffe c. may take him againe and keepe him untill he hath agreed with him otherwise if the escape were by the consent of the Sheriffe c. Co. 3. 58. Br. escape 4. 12. 85. And if a man be arrested for Treason or felony and the Constable shall carry him to the Gaole and the Gaoler will not receive him 10. H. 4. 7. the Constable must bring him back to the Town where he was taken And that Towne shall be charged with the keeping of him untill the next gaole delivery by the opinion of the booke 10. H. 4. Or the Constable or other party that arrested him may in such case keepe the prisoner in his owne house as it seemeth See 11. Ed. 4. Br. Faux Impris 25. But the usuall and best course is to bring him before a Iustice of peace and to have his mittimus and then the Gaoler may not refuse him P. Prison â— But the Gaoler denying to receive a felon by the delivery of any Constable or Towneship 4. E. 3. ca. 10. or taking any thing for receiving such shal be punished for the same by the Iustices of gaole delivery When a statute doth appoint imprisonment but limits no time when the offendor shal be imprisoned The time then he is to be imprisoned presently Co. 8. 119. Plo. 17. b. as in case of a force the Iu. of P. upon view hereof ought to commit the offendors presently 86. Also when a statute doth appoint imprisonment but limits no time how long Cromp. 171. there the prisoner must remaine at the discretion of the Court. 87. Where a statute doth ordaine that an offendour shal be imprisoned at the K. pleasure or that a prisoner shall not be delivered without the Kings speciall commandement and that upon a Fine to be made to the King the Iustices before whom the record is may assesse the same Fine and deliver him 18. H. 8. 1. Fitz. Na. Br. fol. 190. f. The manner 88. Now for the manner of imprisonment generally in all cases where a man is committed to prison be it for Treason felony or upon an execution or but for a Trespasse or other offence every Gaoler ought to keepe such his prisoner Co. 8. 100. 9. 87. In salva arcta Custodia Salva sc that he ought to be imprisoned so surely as that he cannot escape Arcta in respect that he ought to be kept close without conference with others for intelligence of things abroad And therefore if the Gaoler shall license his prisoner to goe abroad for a time and then to come againe Or to goe abroad with a keeper though he come againe yet these are escapes And if the prisoner were in for Treason or felony 1. P. â— ca. 12. 7. H. 4. ca. 4. this is fineable in the Gaoler at the least if it be not felony or Treason And if the prisoner were in upon an execution this is so penall to the officer as that he shal be charged for the debt And if the prisoner were in but for a Trespasse yet the officer is fineable for imprisonment was ordained for a punishment of offendors and in terrour of all others Vt poena ad paucos metus ad omnes perveniat Also by the Law those which are in execution ought not to goe at liberty within the prison Dyer 249. Co. 3. 44. nor abroad with their keeper 24. H. 8. much lesse in cases of felony or of higher offences Co. ib. P. Accomptant 2. 89. Also by the statute of Westminster 2. ca. 11. Accomptants and such as are in execution the Sheriffe or gaoler may put Irons or fetters upon them And yet if the Gaoler shall imprison a man so straitly by putting him in the Stocks or putting more Irons upon him then is needful Fitz. 93. b. or keepeth his victuall fâ—om him wherby the prisoner becommeth decrepit lamed or otherwise diseased he shall have an Action of the case against the Gaoler Also the Constable or other such officer that shall imprison in the Stocks any offendor for felony or suspition thereof may locke the stocks and if need be may also put Irons upon him as it seemeth And when he convayeth him to the gaole or to the Iustice he may pinyon him or otherwise make him sure so that he cannot escape 90. It seemeth by Britton fol. 17. that by the common Law before the statute of Westm. 2. None should have Irons put on them but such offendors as were taken for felony or trepassers in parkes But the words of the statute of Westm. 2. ca. 11. are generall quod carceri manucipientur in ferris which word carceri seemeth to signifie any persons imprisoned for any cause or any persons worthy of the prison and is not to be restrained to Accomptants only See Coke 3. 44. 91. Where the Iu. of peace Sheriffe or other Officer Posse Comitatus is enabled to take the power of the County it seemeth they may command and ought to have the aide and attendance of all Knights Gentlemen Yeomen Husbandmen Labourers Tradesmen Servants and apprentices and of all other such persons being above the age of 15. yeares and that are able to travell 92. But woemen Ecclesiasticall persons and such as be decrepit or diseased of any continuall infirmity shall not be compelled to attend them 93. And in such cases it is referred to the discretion of the Iustices of peace or Sheriffe c. what number they will have to attend upon them and how and after what manner they shal be armed weaponed or otherwise furnished But it is not justifieable for the Iu. of Peace Sheriffe or other officer to
the Iustices of the peace as I said before are to be carefull 1. No person being imprisoned or taken for any of the offences or causes here-under mentioned Where Baile is taken away 13. E. 1. ca. 11. shall be bailed or let to Mainprise otherwise then as hereafter followeth sc Accomptants found in arrearages before Auditors shall be imprisoned without baile untill they have satisfied their Master all arrearages 2. Appellors or approvers shall not be bailed West 1. cap. 15. Nor he which is appealed by an Approver Ibid. 3. Persons going or riding armed contrary to the statute of Northhampton and being thereof convict shall bee imprisoned untill they have paid such Fyne as shall be therefore imposed upon them 4. Breakers of prison are not baileable Westm. 1. 15. 5. Surveyors and Collectors 10. Caroli ca. 20. in Ireland appointed for the repairing of Bridges if they refuse to accompt of the money by them received they shall be imprisoned untill they have truely accompted 6. Burners of houses or Ricks of Corne in Towne or fields 13. H. 8. ca. 1. in Ireland are not baileable for these offences in Ireland are Treason 7. Constables neglecting to whip Trespassers in Corne woods or Orchards at the commandement of a Iustice of peace shall be imprisoned untill they have caused the offendour to be whipped 10. Caroli ca. 23. 8. Persons condemned in any of the Kings Courts See 23. H. 6. cap. 10. and by vertue thereof committed to prison they shall not be bailed untill they have agreed with the plaintiffe 1. R. 2. c. 12. 2. H. 5. c. 2. Fitz. N. B. 121. A. 9. Conjurers and Witches shall not be bailed 10. Counterfeiters of the Kings seale or money are not baileable West 1. cap. 15. 11. Excommunicate persons Where baile is taken away West 1. 15. See 23. H. 6. ca. 10. taken by a writ de excommunicato capiendo shall not be bailed 12. Such persons as are in execution upon any statute or recognizance or upon judgement given in the Kings Courts at the suit of any person shall not bee bailed untill they have agreed with the plaintiffe 1. R. 2. ca. 12. 23. H. 6. ca. 10. Fitz. N. Br. fol. 93. c. 121 a. 13. Felons taken for murder are not baileable but if it be but for Manslaughter they may be bailed But felons taken with the manner are not baileable Westminster 1. cap. 15. Or if it bee apparantly knowne that they did the felony they are not baileable 14. Or if they confesse the felony upon their examination before the Iust of P. Cromp. 152. B. Or if he be a Thiefe openly knowne West 1. 15. Or if he bee of evill fame by credible report Br. Mainp 75. in all these cases they are not baileable 15. Yet in these former cases of felony if the theft be not above the value of Twelve pence the Iustices of peace may baile the prisoner it being no felony of death 16. Nor hee which is convict or attaint of felony is not baileable 17. Also persons convict of Forceible Entry or detainer shall not be bailed untill they have paid their Fyne or have found sureties by recognizance for payment thereof 18. Forgers of any deed writing sealed will or Court Roll and the assenters thereto and the publishers thereof knowing the same 28. Eliz. ca. 4. in Ireland shall not be bailed if they be convicted thereof but every of the offendours aforesaid in all cases of forgery being thereof convicted shall suffer perpetuall imprisonment during their lives where any mans estate of inheritance Free-hold or Coppy-hold shall bee defeated charged or molested thereby otherwise the offendours shall suffer one yeares imprisonment without baile 10. Caroli ca. 3. in Ireland 19. Persons convicted of making fraudulent conveyances their defenders Iustifyers or putters thereof in ure knowing the same and those which shall assigne over any lands leases or goods so to them convayed knowing the same shall suffer imprisonment one halfe yeare without baile 20. Maintainers of houses or places for any unlawfull game and common gamesters every Iustice of Peace seeing or finding any such may imprison the offendors till they finde sureties by recognisance no more to offend in the premises or for their good behaviour and this he may doe by the common Law and by the first Assignavimus of the Commission of the peace and the offendours shall not be bailed without finding such bonds 10. Caroli ca. 26. 21. Collectors for high-wayes bridges Causeys or Toghers which shall refuse to accompt for the mony by them collected shall be imprisoned untill they have accompted for and paid the same and shall not be bailed 22. Hunting if any lay man not having in lands 40. s. per annum Or if any Priest or Clerke not having 10.l living per annum shall keepe any hound greyhound or other dogge for to hunt or any Ferrets hayes nets or other engines to take or destroy Deare Hare Conyes or other Gentlemens game and shall be thereof convicted every such offendour shall be imprisoned for one whole yeare and not bailed 13. R. 2. ca. 13. 23. Reporters of false newes which may cause discord betweene the King and his people and spreaders of false newes or lyes of any of the Peeres or great officers of the Realme if they be thereof convicted shall be imprisoned untill they have brought him into the Court who was first author of the tale and shall not be bailed 3. E. 1. ca. 33. 2. R. 2. ca. 5. 23. H. 6. ca. 10. 24. No person committed by the King or Counsels commandement nor by any of the K. Iust shall be bailed 25. So in all cases where a statute ordaineth that an offendor shall be imprisoned at the Kings will and pleasure there the prisoner cannot be bailed or delivered untill the King hath signified his pleasure of him as if one be imprisoned for going or riding armed contrary to the statute of North-hampton made Anno 2. E. 3. ca. 3. 24. E. 3. f. 3. Br. contempts 6. 26. And in such cases the prisoner is to redeeme his liberty with some portion of money as he can best agree with the King or his Iustices for the same And so it seemeth the Iu. before whom such an offendour shall be convict may assesse such Fine or ransome according to their discretions and upon payment thereof may deliver the prisoner out of prison for the King signifieth therein his pleasure by the mouths of his Iustices 27. Servants departing from their masters without good cause and persons compellable to serve that upon request made shall refuse to serve for the wages rated and appointed by proclamation and being committed for that cause are not baileable 28. Such persons as at their proper Costs shall buy 8. H. 6. 4. or weare any Liveries cloathes or hats to have maintenance and be thereof convicted shall have one whole yeares imprisonment without baile 29. Persons taken for falsifying
such things as was cause of such death after the stroke given taketh not away the Kings right but that he shall have it as forfeited notwithstanding such sale Co. 5. 110. 4. Deodands are not forfeited untill the matter be found of record and therefore they cannot be claymed by prescription Co. 5. 120. F. Cor. 298. Stamf. 21. 5. The Iury which finde the death of the man must also finde and appreise the Deodand and the same shall be levied of the Towne where it happeneth although it were not committed to the Towne to keepe and therefore it behoveth the Towne to see it forth comming See the statute de officio Coronatoris 4. Ed. 1. F. Cor. 289. Stamf. 21. 6. If he that is so slaine be under 14. yeares of age nothing shall be forfeit to the King as Deodand for him by some opinions but I cannot conceive those opinions to be Law 7. And if a man that is unknowne be found dead in the field his apparell and money about him shall be given to the poore P. indictment 27. Stamf. 21. c. And if he were knowne then his goods shall be delivered to his executors or administrators or to the ordinary but shall not be taken as a Deodand in either case for they are not of the nature of a Deodand they being no cause of his death Dyer 77. Co. 5. 110. 8. Next what shall be forfeited and taken for a Deodand The old rule is Omnia quae movent ad mortem sunt Deodanda And yet Deodands may be of some things that a man shall move or fall from though the thing it selfe moves not Deodand quid as to fall from a ship Cart Mow of Corne or Hay c. So as Deodands are any goods which doe cause or are occasion of the death of a man by misadventure See Fitz. Coron 314. 326. 341. 342. 348. 388. 389. 398. 401. 409. 9. If a man killeth another with my sword or other weapon of mine my weapon shall be forfeited as a Deodand Doct. Student fo 156. B. 10. The inquiry of such casuall death belongeth also to the Coroner but if the Coroner cannot have the sight of the body and so cannot inquire thereof it seemeth the King shall be intituled to the goods by a presentment at the quarter Sessions or at the generall Assizes or in the Kings Bench or else the King may be defrauded Homicide upon necessitie CHAP. 15. 1. Commanded SOmetimes the Iustice of Law commandeth a man to be put to death As when the Iudge hath pronounced sentence of death against an offendour attainted by due course of Law there in execution of Iustice an officer or other person thereto lawfully deputed may orderly execute such judgement or sentence according to his warrant and such sentence or judgement pronounced by the Iudge and after lawfully executed by the officer leaveth the name and nature of murder or homicide and is called justice or rather judgement which is the lawfull execution of Iustice Stamf See Doâ— Stuâ—ent fo 133 But if the officer or other person shall proceede therein upon his owne authority without warrant or ordine juris non observato as where an offendour hath judgement given upon him to be hanged if the Sheriffe or other officer c. shall be head him or by other meanes put him to death it is felony in such officer c. 2. Also if a stranger Stamf. 13. being not thereto lawfully deputed shall upon his owne authority put to death an offendor that is condemned to dye this is felony Nay if the Iudge himselfe who gave the judgement of death upon an offendor shall after put the same offendor to death it is not justifiable by him 3. Tollerated Sometimes also the Iustice of Law tollerateth and suffereth a man to be slaine sc for the necessary execution and advancement of justice which otherwise should be left undone And in such case the Law of the land imputeth it not as any fault to him that shall so kill a man but freely dischargeth him thereof without the K. pardon As a Sheriffe Bailiffe F Cor. 261. Stamf. 13. or any other person who hath a lawfull warrant to arreast a man indicted of felony or Treason may well justifie the killing of him if he will not suffer himselfe to be arrested and yeild himselfe and that they cannot otherwise take him F. Cor. 261. Stamf. 13. And so every person whatsoever without any warrant may apprehend a felon or a Traitor upon huy and cry or otherwise and if he will not yeild to be arrested but shall resist or flie the pursuer may kill him without blame 4. Herewith also agreeth the Doctor and Student lib. 2. cap. 41. saying If any person that is no Officer would arrest a man that is outlawed abjured or attainted of Murder or of any other felony and such offend or shall disobey the arrest and by reason of that disobedience he is slaine the other shall not be impeached for his death For it is lawfull unto every man to arrest and take such persons and to bring them forth that they may be ordered according to the Law 5. An offendor in felony or Treason is led towards the Gaole and breaketh away from those that conduct him and maketh resistance or flyeth his conductors may justifie to kill him F. Cor. 288. 328. if they cannot otherwise take him againe 22. Ass 55. 6. A prisoner in the gaole attempteth to escape and having broken his Irons striketh the Gaoler comming in the night to see his prisoners and the Gaoler slayeth such a prisoner this is no felony 7. Riotters and such as shall make any forceible Entrie or deteyner Cromp. 23. 30. 158. against the statutes if they shall resist the Iustices of peace or other the Kings officers or shall not yeild themselves but shall stand at their defence when the Iustice of peace or other Officer shall come to arrest or remove them if any of them happen to be slaine this is no felony in the Iustice of peace or officer or in any of their company that killeth such Riotters c. Cromp. 24. 30. 8. The Sheriffe or his Bailiffe or other officer commeth by vertue of the Kings processe to arrest another for debt or trespasse who maketh resistance Doct. Student 133. and thereupon is slaine by such officer or any of his company this hath been taken to be no felony Stamf. 13. c. f. g. 9. But in all these former cases there must be an inevitable necessity sc that the offendor could not be taken c. without killing of him 7. H. 6. 21. 10. Also in an Appeale of felonie if the Appellant and Appellee doe joyne to try it by battell and therein the one doth kill the other as the law doth allow such tryall so doth it allow the Event to bee justifiable as depending upon the judgement of God
me admonish all such as are to informe or beare witnesse against a prisoner or any offendour before a Iustice of peace or other Magistrate that they bee well advised what they testifie upon their oathes knowing that in such cases if either they should not speake the truth or should conceale any part of the truth they should offend against God the Magistrate the innocent the common wealth and their owne soules sc against God in despising of him and belying the truth Against the Magistrate in deceiving of him and causing him to doe Injustice Against the Innocent in spoiling him of his Name goods or life Against the Common wealth if the party be nocent or guilty and he cleares him by false witnesse And against his owne soule for it is perjury in him at least in the presence of God and good men Whether Information Evidence or proofe of witnesses shall bee taken against the King CHAP. 28. 1. IT seemeth just and right that the Iustice of Peace who taketh information against a felon or person suspected of felony should take and certifie as well such information proofe and evidence as goeth to the acquittall or clearing of the prisoner as such as makes for the King and against the prisoner for such information evidence or proofe taken and the certifying thereof by the Iustice of peace is only to informe the King and his Iu. of gaole delivery of the truth of the matter and such was the opinion of Sir Edward Coke at Lent Assises at Bury Dalton pag. 274. 5. Iac. as Master Dalton reporteth but the Iustices of peace or Coroner may not take such information evidence or proofe as maketh against the King upon oath for that is not warranted by the statute of 10. Caroli ca. 18. 2. Upon triall of felons before the Iustice of gaole delivery the said Iu. will often heare witnesses and evidence which goeth to the clearing and acquittall of the prisoner yet they will not take it upon oath but do leave such testimony and evidence to the Iury to give credit or to thinke thereof as they shall see and finde cause 3. Popham chiefe Iustice at Cambridge Assises tempore Eli. committed one to prison who upon the triall of a felon called out that he could give Evidence for the Queene and when he was sworne he gave Evidence to acquit the offendor 4. In 7. H. 4. we shall finde that one of the Serjeants Stamf. 141. b. as amicus Curiae Co. 4. 19. and to informe the Court that they should not erre did shew his opinion to the benefit of a prisoner upon the insufficiency of the Indictment 5. Now upon the examination of felons Causes of suspition and other like offendors these circumstances following are to be considered 1. His name scil if he be not called by divers names 2. Quality 1. His parents if they were wicked and given to the same kind of fault 2. His ability of body sc if strong and swift or weake or sickly not likely to doe the Act. 3. His nature of civill or hastie witty and subtill a quarreller pilferer or bloody minded c. 4. His meanes if he hath whereon to live or not 5. His trade for if a man liveth idlely or vagrant nullam exercens artem nec laborem it is a good cause to arrest him upon suspition if there have beene any felony committed 7. Ed. 4. 20. 6. His Company if Ruffians suspected persons or his being in company with any the offendors 7. His course of life sc if a common Alchouse-hanter or riotous in dyet play or apparell 8. Whether he be of evill fame or report 9. Whether he hath committed the like offence before or if he hath had a pardon or beene acquitted for felony before Nam qui semel est malus semper presumitur esse malus in eodem genere mali 3. Markes or Signes 1. If he hath any blood about him 2. If any of the goods stollen be in his possession 3. The change of his countenance his blushing looking downe-wards silence trembling 4. His answers doubtfull or repugnant 5. If he offred agreement or composition 6. The measure of his foot or horse foot 7. The bleeding of the dead body in his presence 8. If being charged with the felony or called theefe he saith nothing F. Cor. 24. 9. If he fled Fatetur facinus qui judicium fugit 4. The fact 1. Place sc if convenient for such Act as in a house in a wood Dale c. 2. Time the yeare day and houre early or late 3. Where the offendour was at the time of the fact and where the day or night before his businesse and company there and witnesse to prove all these 4. Manner if willingly by chance or necessitie 5. The cause 1. If former malice 2. If to his benefit or what hope of gaine 3. If for the eschewing of any hurt or danger 6. The persons Agens if principall or Accessary Enfant Lunatique c. Patiens if against the King common wealth Magistrate maister c. F. Cor. 211. 6. A felon brought before a Iustice of Peace accuseth others it is sufficient cause for the Iustice to grant out his warrant for the rest 7. A man going to execution accuseth another of felony it is sufficient cause to arrest him 8. Communis vox fama that he did the offence is sufficient cause of suspition Fama Br. Faux Impris 16. sc where such a felony is done otherwise not 9. But yet for the better conceiving what may breed or give just cause of suspition marke some of Master Bractons rules Stamf. 97. 1. For saith he Oritur suspitio ex fama fama vero quae suspitionem inducit oriri debet apud bonos graves non quidem malevolos maledicos sed providas fide dignas personas idque non semel sed saepius vanae autem voces populi non sunt audiendae And therefore where the common proverbe is Vox populi est vox Dei it should be Vox populi Dei est vox Dei 2. Si furtum in manu alicujus inveniatur vel sub potestate alicujus tunc ille in cujus domo vel potestate res furtiva inventa fuerit tenebitur Stamf. 29. nisi warrantum invenerit qui cum inde defendere possit for as another saith Cum adsunt testimonia rerum quid opus est verbis Stamf. 179. 3. Si quis noctu cubaverit in domo solus cum aliquo qui interfectus sit vel si duo aut plures ibi fuere hutesium non levaverit nec plagam a latronibus vel interfectoribus in defensione facienda accipere nec ostendunt quis de se vel de aliis hominem interfecerit his casibus mortem dedicere non possunt 4. Si quis in domum suam notum vel ignotum acceperit qui unius ingredit visus est Ibid. vero postea nunquam nisi mortuus dominus domus
Iustices of peace only or some of them that were present at the enquiry Co. 9. 11â— and when the indictment was found they only have power to make restitution except the Iustices of the Kings Bench who have a supreame authority in all cases of the Crowne 33. And therefore if the record sc the presentment of such force shall be certified by the Iustice of peace into the Kings Bench Or that the same prefentment or indictment shall be removed thither by Certiorari there the Iustice of the Kings Bench may award a writ of Restitution to the Sheriffe of the same County to restore possession to the party so expelled 34. After it shall be found by such Enquiry P.R. 14. b. that such forceible entrie or deteiner is made the Iustice of peace may breake open the house by force to reseise the same and to put the party so put out in possession againe And so may the Sheriffe doe having the Iustice warrant 35. The forme of such warrant from the Iustice of peace to the Sheriffe to make restitution you may see in the Title of warrants and presidents 36. But the Iustice of peace may not in any wise make restitution without such inquiry first had and such force thereby found And if the Iustice shall make restitution without inquiry it seemeth to be punishable in the Starchamber 37. Also this restitution ought to be made to none but to him only that was put out so that if the Father be put out by force and dyeth after inquiry and before restitution his heire shall not have restitution 38. Also such restitution must be made only where a man is put out or holden out c. of house or land and is not to be understood of a Rent Common Advowson or such like 39. Also the Iustice may make restitution notwithstanding any offer of Traverse but yet upon Traverse tendred the safest way for the Iustice of peace seemeth to be for him to deliver or certifie the presentment into the Kings Bench and so to referre the further proceedings therein to them 40. And although these statutes doe inflict no penaltie upon the Iustice of peace if they shall not execute these statutes yet if upon complaint or other notice to them given of such force they shall not at least remove the force record it and commit the offendors they are punishable in the Starchamber 41. Although the Iustice of peace ought to commit to the gaole and may fine all such as he shall see continuing the force at his comming to the place yet upon a force found by the inquiry only and not viewed and seene by the Iustice he may neither fine nor send to the gaole the said offendors by the statute of 8. H. 6. which appointeth the inquiry for the Iustice hath power by the said statute to make restitution only as saith Master Lambert Cromp. 161. b. yet Master Crompton holdeth the contrary But howsoever the Iust of P. is to remove the offendors that be present that so he may restore the other and may bind the offendors to their good behaviour and if the offendors be gone yet the Iustice may make his warrant to take the offendors and may after send them to the Gaole untill they have found sureties for their good behaviour 13. H. 4. ca. 7. 42. Note that if such forceible Entrie or detainer shall be made by three persons Cromp. 68. b. or moe then is it also a Riot and then if there be no former enquiry thereof made the two next Iustices of peace upon notice ought to inquire thereof as of a Riot by a Iury within one moneth upon paine to either of them making default to forfeite 100. l. Defaults of Sheriffes 43. Also one Iustice of peace may as it semmeth heare and determine the defaults of Sheriffes and Bailiffes in not returning sufficient Iurors whereof every one shall have lands 8. H. 6. 9. P. Iust 89. Rast 174. c. c. to the value of Forty shillings by the yeare at the least before him to inquire of such forceible Entrie or deteiner and the said Iustice of peace may proceede therein aswell by bill at the suite of the party grieved for himselfe as also by indictment only for the King And the same processe shall be made against such persons indicted or sued by Bill in this behalfe as should be made against persons indicted or sued by writ of Trespasse with force and Armes against the Kings peace 44. And though any one Iustice of peace may proceede in every of these former cases of forceible Entrie or deteiner as aforesaid yet if two or more Iustices shall joine therein together it is the better foâ— plus vident oculi quam oculus securius expediuntur negotia pluribus â—â—â—missa Co. 4. 46. 〈…〉 45. Also the Mayors and Iustices of Peace and the Sheriffes and Bailiffes of Cities and Burroughes having Franchise 8. H. 8. 9. Rast 174. d. have in the said Cities townes and Burroughes like authoritie to inquire of such Entries or putting out and in other the Articles aforesaid rising within the same as the Iust of Peace and Sheriffes in Counties and Shires have 46. The stat of Northampt. Also every Iustice of Peace to whom a writ upon the statute of North-hampton concerning the removing of a force shall bee delivered ought to execute the same writ sc hee ought to remove the force and to certifie his doings therein into the Chancerie 1. Ed. 3. 3. 47. And for that the Iustices of peace to whom this writ shall be delivered is herein but a minister and is to certifie that which he shall doe therein I will here set downe the manner how hee shall proceede to execute this writ 1. When the Iustice of Peace shall come to the place where the force is supposed by this writ he may cause three Oyes for silence to be made and then he may make Proclamation in the Kings name to this effect The Kings Majesties Iustice of Peace straightly chargeth and in his Majesties name commandeth all and every person to keepe silence whilst his Majesties writ c. be read and proclamation be thereupon made accordingly 2. Then may he read or cause to be read the writ or may declare the effect thereof 3. Then let three other Oyes be made And thereupon make proclamation againe as followeth His Majesties said Iustice doth in his Highnesse name and by vertue of his Majesties writ straightly charge and command that no manner of person of what estate degree or condition soever now being within the house of B. c. named in the said writ shall goe armed or keepe force of armour or weapon nor doe any thing there or elsewhere in disturbance of his Majesties peace or in offence of the stat made at North-hampton in the 2. yeare of King E. 3. upon paine of loosing his said armour and weapons and of imprisoning his bodie at his
peace doe not goe to see the place where the force is 12. And it is convenient upon such enquiry that the Evidence be given openly to the Iury to the intent it may appeare to the Iustices of peace or Court whether there shall be reasonable cause to stay restitution or no after the indictment found See Dyer 122. Of restitution to be made to the party put out CHAP. 34. 1. I Will here shortly recite the words of the statute Restitution which for this businesse of restitution will give the better light which are as followeth videlicet 8. H 6. ca. 9. And if upon such enquiry it be found before the said Iustices that any have done contrary to this statute viz. have entred or held with force the said Iustice of peace c. shall reseise the said lands or tenements so entred upon or holden and put the party so put out in full possession of the same lands and tenements so entred or holden as before 2. Here we see that after such forceible Entrie P.R. 35. or holding so found by enquiry the said Iustice of peace c. shall remove the force sc all such offendors as shall be found in the house or upon the lands that either entred or held with force and upon the prayer of the party so put out the said Iustice of peace shall restore him to his possession againe 3. And herein the Iustice of peace needeth not to stay or stand upon the right and title of either of the parties as is said before 4. But no restitution shall be made but where the forceible entry or detainer is first found by Inquisition Br. force 27. 5. Concerning this Inquisition or Indictment the Iustices of peace shall doe well to peruse and regard the same Cromp. 166. to see if it be sufficient Indictment the forme for the Iustice of peace ought not to award restitution where the indictment shall appeare to them to be any way insufficient in the Law either in matter or forme Dalton 193. 6. First therefore to have restitution the putting out by expresse words must be in the indictment and found by the Inquisition for another man may enter upon me and yet not put me out and then there needs no restitution to be made by the Iustices 7. And this putting out is to be understood only of the house or land Ibid. and not of a rent common advowson and such like into which an actuall Entry cannot be made and therefore none shall have restitution but such only as are put out of the house or land as is formerly ca. 29. herein declared Ibid. 8. Also the indictment ought to expresse the quality of the thing entred upon c. sc whether it be a messuage cottage meadow pasture wood or land errable for if the indictment be quod manuforti intraverunt in tenement c. it is void for the incertainty because the word tenementum may extend to either of them 9. Also the indictment must have these words sc adhuc extra tenent 14. H. 6 16. Br. force 13. otherwise the party shall have no restitution and yet these words be not in the statute but without these words in the Indictment it may be supposed and thought that he which put me out hath left the possession againe or that I have gotten it againe and then the restitution is needlesse Dalton 193. 10. So as in every such indictment these words are materiall sc expulerunt adhuc extra tenent And for lack of either of these words no restitution shall be made or awarded 11. Also one of these two words Manuforti or cum multitudine seeme to be materiall in the indictment Dalton 194. unlesse they be implyed by reciting the statute of 8. H. 6. and concluding contra formam statut predict or by some other words in the Indictment See the presidents herein in the title of warrants and presidents Cromp. 162. 12. If a man shall be restored upon an insufficient indictment taken before the Iustice of peace and this be removed into the Kings Bench the Court there will cause the party to be restored that before was put out by the Iustice of peace by a writ of restitution Cromp. 165. 166. b. 13. Also if error or insufficiency be in the indictment taken before Iustices of peace yet restitution is awarded by them any two of those Iustices of peace which were present at the taking of the said indictment upon the prayer of the party may at another Sessions grant and award a Supersedeas to the Sheriffe to stay the same restitution Dyer 187. if the Sheriffe hath not made restitution before the Supersedeas come to his hands but no other Iustice of peace besides those which were present at the taking and finding of the said indictment can grant a Supersedeas if the indictment were found at a speciall Sessions 14. A man is indicted that he entred with force and held with force and upon the traverse it is found that he entred with force Cromp. 165. but not that he held with force yet this indictment seemeth good enough and the party shall be restored 15. So if two be indicted of a forceible Entrie or deteiner Severall indictments and upon the traverse it is found that the one entred with force and the other held or detained with force yet the party shall be restored Ibid. 16. If it be found by one Enquest that A. put me out by force Dalton 194. Cromp. 166. Br. force 6. and by another Enquest that I did put out A. by force either of us may pray to have restitution against the other but he that is first restored is in the worst case for the other may have restitution afterwards and then he that had restitution first is without remedy by the hands of the Iustice of peace saving that he may reenter if he can peaceably or have his action 17. If it be found by one Enquest that A. did put mee out by force and by another Enquest taken at the same Sessions that B. did put me out by force I may chuse upon whether of these indictments I will be restored Cromp. 166. and if I have restitution against A. and this be returned I cannot have restitution upon the other Dalton 194. But if upon the writ of restitution it be not returned that I have restitution then I may afterwards have restitutiō against B. upon the other Indictment if B. hath reentred upon the first restitution made to me 18. Dalton 194. 195. A. is disseised or put out with force by B. and after B. is put out with force by C. and all this is found by one and the same Inquisition here B. may have restitution against C. for B. hath more right to the possession than C. and then may A. have restitution against B. but upon this Inquisition if A. have restitution
of person or persons that hereafter offend the said statutes or any of them and every of the said persons so found defective or trespassing in any of the said statutes from henceforth be duely corrected and punished in example of all other in time to come according to the tenor and purport of the statutes made against provisors 15. Anno 28. H. 8. ca. 5. 28. H. 6. ca. 5. in Ireland amongst other things it is ordeined and enacted by authority of Parliament that no person or persons subjects or resiants of this land shall pursue commence use or execute any manner of provocations appeales or other processes to or from the Bishop of Rome or from the See of Rome or to or from any other that claime authority by reason of the same for any manner of case griefe or cause of what nature soever it be upon the pain that the offendors their ayders counsellors and abettors contrary to this Act shall incurre and runne into such paines forfeitures and penalties as be specifyed and contained in the Act of provision and praemunire made in the Realme of England in the sixteenth yeare of the Raigne of King Richard the second sometime King of England and Lord of Ireland against such as procure to the Court of Rome or elsewhere to the derogation or contrary to the prerogative or jurisdiction of the said Crowne of England and that no manner of person subject or resiant within this land shall attempt procure or obtaine any manner of proces of what kinde or nature soever it be to or from the same Bishop of Rome or Court of Rome or See Apostolique or from any other having authority by the same to the let or interruption of this Act or any thing therein contained nor in any wise obey or execute within this land such manner of processe upon like paines and forfeitures as beene above rehearsed 16. Anno 2. Eliz ca. 1. 2. El. ca. 1. in Ireland It is amongst other things ordeined and enacted that if any person or persons dwelling or inhabiting within this Realme of what estate dignitie or degree soever he or they be shall by writing printing teaching preaching expresse words deeds or Act advisedly malitiously and directly affirme hold stand with set forth maintaine and defend the authority preheminence power or jurisdiction spirituall or ecclesiasticall of any forraigne prince prelate person state or potentate whatsoever heretofore claimed used or usurped within this Realme or shall advisedly malitiously directly put in ure or execute any thing for the extolling advancement setting forth maintenance or defence of any such pretended or usurped Iurisdiction power preheminence or authority or any part thereof that then every such person and persons so doing and offending their abettors aiders procurors and Counsellors being thereof lawfully convicted and attainted according to the due order and course of the common Lawes of this Realme for his or their first offence shall forfeite and loose all his and their goods and chattels aswell reall as personall and if any such person so convicted or attainted shall not have or be worth of his owne proper goods and chattels to the value of twenty pounds at the time of such his conviction or attainder that then every such person so convicted and attainted over and besides the forfeiture of all his said goods and chattels shall have and suffer imprisonment by the space of one whole yeare without baile or mainprise and that also all and every the benefices prebends and other Ecclesiasticall promotions and dignities whatsoever of every spirituall person so offending and being attainted shall immediately after such attainder be utterly voide to all intents and purposes as though the incumbent thereof were dead and that the patron and donor of every such benefice prebend spirituall promotion and dignity shall and may lawfully present to the same or give the same in such manner and forme as if the said incumbent were dead and if any such offendor or offendors after such conviction or attainder doe eftsoons commit or doe the said offences or any of them in manner and forme aforesaid and be thereof duely convicted and attainted as is aforesaid and then every such offendor or offendors shall for the same second offence incurre into the dangers penalties and forfeitures ordeined and provided by the statute of provision and praemunire made within the Realme of England in the sixteenth yeare of the Raigne of King Richard the second provided alwayes that no manner of person or persons shall be molested or impeached for any of the offences aforesaid committed or perpetrated only by preaching teaching or words unlesse he or they be thereof lawfully indicted within the space of one halfe yeare next after his or their offences so committed and in case any person or persons shall fortune to be imprisoned for any of the said offences committed by preaching teaching or words onely and be not thereof indicted within the space of one halfe yeare next after his or their such offence so committed and done that then the said person so imprisoned shall be set at liberty and be no longer detained prisoner for any such cause or offence provided alwayes and be it enacted by the authority aforesaid that this Act or any thing therein contained shall not in any wise extend to repeale any clause matter or sentence contained or specifyed in an Act of repeale made in the third and fourth yeares of the Raignes of King Philip and Queene Mary as doth in any wise touch or concerne any matter in case of praemunire or doth make or ordeine any matter or cause to be within the case of praemunire but that the same for so much onely as toucheth and concerneth any case or matter of praemunire shall stand and remaine in full force and effect as the fame was before the making of this Act contained to the contrary in any wise notwithstanding And if it shall happen that any peere of this Realme shall fortune to be indicted of and for any offence that is revived or made praemunire or Treason by this Act that then the same peere or peares so being indicted shall be put to answere to every such indictment before such peere of this Realme of English blood as by the Lord Deputy or governours of this Realme shall be by Commission appointed under the great seale and to have his and their triall by this and their peeres and to receive and have such like judgement upon the same triall of his or their peeres or making open confession of the same offence or offences as in other cases of Treason and praemunire hath beene used And it is further enacted that no person or persons shall be indicted or arraigned for any the offences made ordeined revived and adjudged by the said Act unlesse there be two sufficient witnesses or more to testifie and declare the said offences whereof he should be indicted and arraigned and that the said witnesses or so many of them
before time made of Purveyors and buyers shall be holden and kept and put in due execution and in case that any Purveyor buyer or taker will take and make purveyance or buy any thing to the value of 40. s. or under of any person and make not ready payment in hand 40. s. ready payment that then it shall be lawfull to every of the Kings liege people to retaine their goods and chattels and to resist such Purveyors and buyers Resist and in no manner wise suffer them to make any such Purveyances buyings or takings and for the peace better to be kept that every Constable Constable Tithingman Tithingman or chiefe pledge of every Towne or hamlet where such purveyances or takings shall be made shall be aiding or assisting to the owner or seller of such things to be against the forme of this ordinance to make resistance in the forme aforesaid in case that such Constables Tithingman or chiefe pledge bee required that to doe upon paine to yeeld to the partie so grieved the value of the things so taken with his double damages and that none of the Kings liege pleople be put to losse or damage by the King or any officer for such resistance and that none of the Kings officers shall doe to be arrested vexed or impleaded in the Court of the Marshalsey or elsewhere any of the Kings liege people for such with-holding or not suffering to be done upon paine to lose twenty pounds Forf Moitie the one moity of that to the King and the other moitie to him which will in such case sue and that the Iustices of peace Iustice of peace in every County shall have power by authority of this ordinance to enquire heare and determine Oyer and Ter. aswell at the suite of the King as of him that will sue of any thing done against this ordinance and thereof to make due punishment and execution and to award damages Damages to the party plaintiffe when any defendant is thereof duely convict and that in every Action to be taken upon this ordinance every party defendant shall be put to answere to that without aide of the King and in such Actions to be taken No aide Proces proces shall be made as in a writ of Trespasse done against the peace and that in every Commission Commission of Purveyors takers or buyers to be made this ordinance shall be contained and expressed and moreover that this ordinance among other statutes of Purveyors buyers or takers before this time made shall be sent to the Sheriffes Sheriffe of every County to proclaime and deliver the said statutes and ordinances in the manner and forme contained in the statute of purveyors and buyers made in the first yeare of the Raigne of the said King H. 6. And moreover the King will and commandeth that the statute made the six and thirtieth of King Edward late King of England after the coÌ„quest touching Purveyors of other persons then of the King shall be put in due execution Anno 20. H. 6. cap. 8. 13. In anno 23. H. 6. ca. 2. 23. H. 6. ca. 2. it is ordained that the said statutes of an 36. E. 3. from thenceforth should be duely kept and put in due execution and moreover that every purveyor and buyer before that he shall have any Commission shall be sworne Sworne in the Chancery Chancerie that he shall take nothing of the people contrary to the said ordinances and moreover forasmuch as the poore people be not of power nor dare make resistance against the purveyors and buyers nor sue them by the law though that they doe contrary to the said statutes It is ordained by the same authority that the praisers and also all the Towne and townes Townes adjoyning if need be shall be bound to doe their devour and power to resist Resist the buyers and purveyors doing contrary to the said statutes and as much as in them is to execute the said statutes upon the said Purveyors if they be required and that he which is grieved of his goods taken contrary to the said statutes and ordinances may chuse to have either an Action of debt Action of debt against the said preisers Towne or Townes and every of them which doe not their devour in resistance of the said Purveyors or buyers in the forme aforesaid when they shall be required or else against the said Purveyors 3. Value 3. Damages or buyers and every of them to recover the treble value of his goods so taken and moreover his treble costs and damages and if any purveyor and other the Kings officer doe trouble or vexe any of the Kings liege people in the marshalsey or elsewhere by any evill suggestion or cause fayned imagined or coloured upon them because of the execution of the said ordinances he shall incurre the paine of Twenty pound Forf to be paid to the party grieved over his damages and costs in that behalfe sustained and that he thereupon shall have a writ of debt Writ of debt and that every issue Issue triable in this action shall be tried in the county County where the taking of the said goods was made and that the defendants in the said causes shall not be admitted to wage their law and shall be put to answere without forcing and no eâ—â—oyne â—ide of the King nor protection shall be to them allowed and that the Sergeant of the Caterie Sâ—â—â—eant of Câ—terie shall satisfie all the damages debts and executions which shall be recovered against every Purveyor and buyer underneath him in all the cases aforesaid in case that the Purveyor or buyer be not sufficient to satisfie and the party complainant shall have a scire facias Scire facias to have execution against the said Sergeants in the case and that these statutes and ordinances shall be sent to the Iustices of the peace in every County to proclaime them every yeare and thereof to informe the people Iust of P. Proclamation Anno 23. Hen. 6. cap. 2. 14. If any buyer or other officer of any Lord Lord. or person 23. H. 6. ca. 14. of what estate degree or condition that he be presume upon him to take or otherwise doe take any victuals Victuals Corne Corne. or hay Hay carriages Carriage or any other thing whatsoever of any of the Kings liege people in any wise against their will without lawfull bargaine betwixt the said buyers or officers and the said liege people thereof to be made to the use of the said Lords for their houses but all onely for the King and the Queene and their houses that then if notice or request be made to the Mayor Maior Sheriffe Sheriffe Bailiffe Bailiffe Constable Constable Officers or other of the Kings ministers of Cities and Borroughes or other Counties or places where such taking shall
man Cromp. 197. or to take sureties for any matter or cause See Fitz. 82. it seemeth they may take a Recog yea wheresoever they have authority given them to cause a man to doe any thing there it seemeth they have of congruity power given them to binde the partie by recog to performe or doe it Dalton 298. and if the partie shall refuse so to be bound that then the Iudge may send him to the Gaole 4. I will here set downe only some particulars Ibid. where the Iustices of peace out of their Sessions may take a recognisance 5. One Iustice of peace may take a recognisance for the peace 6. Ibid. Also the Iustice of peace may take a recognisance for the good behaviour by the Commission and these the Iustice of peace may take either upon discretion or upon complaint made to him or upon a supplicavit delivered to him 7. Ibid. One Iustice of peace may binde by recognisance such as doe declare any thing against a felon or Traitor to appeare at the Assizes or Sessions there to give Evidence against the offendor and so in diverse other offences 8. Ibid. One Iustice of peace may binde by recognisance the master that shall misuse his apprentice c. to appeare at the Sessions c. 9. Two Iustices c. may baile prisoners which must be done by recognisance see here tit Bailement 10. Also two Iustices of peace may binde by recognisance the defendant in a suit of Tithes to obey the sentence of the Iudge see postea tit Tithes 11. A Iustice of peace can take no Recognisance but onely for such matters as concerne his office see hereof postea tit Surety for the Peace 12. Note also that a recognisance taken by a Iustice is a matter of record presently so soone as it is taken and acknowledged although it be not made up but only entred into his booke nay although it be not entred as it seemeth See Stamf. 77. c. Br. record 58. 13. If a Iustice of peace shall take a recognisance where he hath no authoritie it is voide 14. And these recognisances taken by the Iustices of peace are to be certified by them at their next quarter Sessions except recog taken for such as shall informe against felons or Traitors and upon bailement of felons which by statute they are appointed to certifie at their next generall gaole deliverie 15. For the Formes of recognisances see hereafter tit Warrants and Presidents Robberie CHAP. 54. One Iustice 11. Caroli c. 13. in Ireland P. Huy and Cry 8. 10. co 77. 1. AFter a Robberie committed the party robbed shall not have his action upon the statute against the hundred except hee shall with all speed convenient give notice of the said robbery to some of the inhabitants neare to the place where such robbery was committed and also except he shall commence his suit or action within one yeare next after such Robbery committed and also except hee shall first bee examined upon oath within twenty dayes next before such action brought by some one Iustice of peace of the County where the Robberie was committed dwelling within or neare to the said hundred where the robbery was done whether hee doth know the parties that committed the said robberie or any of them and if he knoweth any of them then also before such action brought he shall be bound before the same Iust by sufficient recognisance to prosecute effectually the said offendors by indictment or otherwise according to the due course of law 1â— Caroli c. 13. â—n Ireland P. Huy and Cry 15. 2. After a robbery committed the whole hundred must answere the losse if the Robbers be not taken within Forty dayes and yet for that the party robbed hath his recovery and execution against some one or few persons of that hundred therefore for a contribution to be yeelded from the residue of the said hundred upon complaint made by the parties against whom such recovery and execution is had any two Iust of peace the one being of the Quorum being of the same County and inhabiting in or neare the same hundred where such execution shall be had may assesse and taxe according to their discretions proportionably all and every the Townes and Parishes c. as well of the same hundred where the robbery was committed as also of the liberties within the said hundred towards an equall contribution to be had for the reliefe of the parties charged the which money the Constables of every Towne shall levy and deliver over to the same Iustices or to one of them within Ten dayes after collection and which the said Iustices shall deliver over upon request to the parties charged to whose use the same was collected 3. The like taxation assessement levying and payment shall be had and made for a contribution within every hundred 11. Caroli c. 13. in Ireland P. Huy and Cry â— where there was any negligence fault or defect of pursuit and fresh suit after huy and cry viz. if upon suit any recoverie and execution of any money or any damages shall be had against some one or few persons of that hundred where such default was towards the ease of the hundred where the Robberie was done upon complaint made by the parties so charged to any two such Iustices of peace the said Iustices may make the like assessement c. towards the reliefe of the parties so charged Co. 7. 6. 4. Note that if any man be robbed in his house the hundred shall not be charged therewith whether it were done in the night or in the day 5. Also a robberie done in the night shall not charge the hundred but yet if it be in the day time or by day light Co. ibid. though it be afore Sun rising or after the Sun setting the hundred shall answere for it 6. If upon pursuite any one of the offendors be apprehended the hundred shall not be charged 11. Caroli c. 13. in Ireland although the residue of the offendors happen to escape but pursuite without apprehending some of the Robbers is no excuse 7. Cromp. 179. If the party that was robbed shall himselfe take any of the theeves after Huy and Cry made this shall excuse the hundred 8. It is said by my Lord Dyer obitur in anno 22. El. that the statute is satisfied if the names of the offendors be discryed Dyer 370. so that they may be indicted and outlawed but that seemeth to be no Law P. R. 155. for the words of the statutes of 13. Ed. 1. and 28. Ed 3. Dalton 117. are that the Countrey must answer for the bodies of such offendors Winch. 13. E. 1. ca. 2. 28. Ed. 3. ca. 11. 9. Ibid. Note the party robbed must bring his Action within twenty dayes next after his examination taken before the Iustice of peace 10. Ibid. Also the Iustice of peace must be abiding
be intended of men travailed Travailed men that goe begging through the Countrey after their arrivall 6. Also by a statute made in Ireland in Anno 33. H. 8. ca. 14. 33. H 8. ca. 148 in Ireland It is ordained that where in all places throughout this realme of Ireland Vagabonds and beggers have of long time encreased and daily doe encrease in great and excessive numbers by the occasion of idlenesse mother and root of all vices whereby hath insurged and sprung and daily insueth and springeth continuall thefts murders and sundry other heynous offences and great enormities to the high displeasure of God the inquietation and damage of the Kings people and to marvellous disturbances of the common wealth of this realme and whereas many and sundry good lawes strait statutes and ordinances have beene before this time devised and made as well by the said King H. 8. as also by divers his most noble progenitors Kings of England for the most necessary and due reformation of the premisses yet that notwithstanding the said number of Vagabonds and beggars be not seene in any part to be minished but rather daily augmented and increased into great Routs and companies the Iustices of peace of all and singular the shires within the limits of their Commissions and all other Iustices of peace Mayors Sheriffes bailiffes and other officers of all and every Citty Borrough Ridings or Franchises within the realme of Ireland within the limits of their authoritie shall from time to time as often as need shall require by their discretions divide themselves within the said shires Citties boroughs ridings or Franchises whereof they be Iustices of peace Mayors sheriffes bailiffes or officers and so being divided shall make diligent search and enquirie of all aged poore and impotent persons which live or of necessitie are compelled to live by almes of the charitie of the people that be or shall be hereafter abiding within every hundred rape wapentake Cittie borough parish libertie or Franchises within the limits of their division and after and upon such search made the said Iustices of peace Mayors Sheriffes bailiffes and other Officers that is to say every of them in the limits of their authorities whereunto they are divided shall have power and authoritie by their discretions to enable to begge within such hundred rape or wapentake Citty Towne parish or other limits as they shall appoint such of the impotent persons which they shall finde and thinke most convenient within the limits of their division to live of the charitie and almes of the people and to give in commandement to every such aged and impotent begger by them enabled that none of them shall begge without the limits to them so appointed and shall also register and write the names of every such impotent begger by them appointed in a bill or roll indented the one part thereof to remaine with themselves and the other part by them to be certified before the Iâ—â—tices of peace at the next Sessions after such search had to be holden within the said shires Cities Townes or Franchise there to remaine under the keeping of the Custos Rotulorum and that the said Iustices of peace Mayors Sheriffes bailiffes and other officers that is to say as they be divided shall have power and authoritie to make such and so many seales to be engraved with the names of the hundreds rapes wapentakes Cities Boroughs townes or places within the which they shall appoint and limit every such impotent person to begge and commit the said feales to the custodie of such of them or to the custodie of such a one as they shall thinke convenient and shall make and deliver to every such impotent persons by them enabled to beg a letter containing the name of such impotent person and witnessing that he is authorised to begge and the limits within which he is appointed to begge the same letter to be sealed with such of the said seales as shall be engraved with the names of the limit wherein such impotent person shall be appointed to begge in and to be subscribed with the name of one of the said Iustices or officers aforesaid and if any such impotent person so authorished to begge doe begge in any other place then within such limits that he shall be assigned unto that then the Iustices of peace Maiors Sheriffes Bailiffes Constables and other the Kings officers and ministers shall by their discretions punish all such persons by imprisonment in the stocks by the space of two dayes and two nights giving them onely but bread and water and after that cause every impotent person to be sworne to returne againe without delay to the hundred rape wapentake City Burrough Towne Parish or Franchises where they be authorised to begge in and that no such impotent person as is above said shal begge within any part of this Realme except he be authorised by writing under seale as is abovesaid and if any such impotent person be vagrant and going a begging having no such letter under seale as is above specified that then the Constables and all other inhabitants within such Towne or Parish where such person shall begge shall cause every such begger to be taken and brought to the next Iustice of peace or high Constable of the hundred and thereupon the said Iustice of peace or high Constable shall command the said Constables and other inhabitants of the Towne or Parish which shall bring before him any such begger that they shall strip him naked from the middle upward and cause him to be whipped within the Towne where he was taken or within some other Towne where the same Iustice or high Constable shall appoint if it shall seeme to the discretion of the said Iustice of peace or high Constable that it be convenient so to punish such begger to him brought and if not then to command such beggar to be set in the Stocks in the same Parish where he was taken by the space of three dayes and nights there to have only bread and water and thereupon the said Iustice or high Constable before whom such begger shall be brought shall limit to him a place to begge in and give to him a letter under seale in forme above remembred and sweare him to depart and repaire thither immediately after his punishment to him executed and that if any person or persons being whole and mighty in body and able to labour be taken in begging in any part of this Realme or if any man or woman being whole and mighty in body and able to labour having no land master nor using any lawfull merchandize craft or mysterie whereby he might get his living be vagrant and can give no reckoning how he doth lawfully get his living that then it shall be lawfull to the Constables and all other the Kings officers ministers and subjects of every Towne Parish and Hamlet to arrest the said Vagabonds and idle persons and them bring to any of the Iustices of
whether the recognisance be forfeited or no but after that he is thereof convicted Br. peace 17. the recognisance is utterly determined Cromp. 42. and then he is to be compelled to finde new surety or else to be sent to the gaole 20. So it seemeth if the Iustice of his owne knowledge know that the party which was bound hath sithence his entring into bonds broken the peace he shall be bound of new and if he refuse to finde new sufficient sureties he shall be committed to prison Cromp. 141. Br. recog 21. 21. Also he that standeth bound to keepe the peace Dalton 14â— if his sureties be insufficient the same Iustice or another Iustice of the peace may compell him to finde better sureties or else commit him to the gaole 22. And in many of the former cases the Iustice of peace ought of duty or at least in good discretion to command the surety for the peace although the same be not required by any other person and if any such person shall refuse to give such surety the Iustice of peace ought to send him to prison there to remaine untill he shall finde such surety 23. 9. Ed. 4. 3. Br. peace 8. If a Iustice of peace upon his owne discretion shall cause one to be arrested to finde sureties for the peace and shall after let him goe without taking surety or binding him to the peace yet the party hath no remedy for an Action will not lye against the Iustice of peace he being a Iustice of Record See 9. H. 6. fo 60. 9. Ed 4. fo 3. Br. Iudges 2. 10. 24. A Iustice of peace may perswade a man to require the surety of peace against another and he himselfe may grant a warrant for it P. R. 18. Dalton 143. because it is no more then he might have granted of his owne authority without any demand made and it shall be presumed that he saw cause to doe all this 25. Also at the request or prayer of another Vpon request the Iustice of peace may command this surety of the peace and may grant his warrant for it 26. But here the Iustice of peace must and ought to take an oath of the party that demandeth the peace F. N. B. 7â— â— which oath must be to this effect scil that he standeth in feare of his life Dalton 143. or of some bodily hurt to be done to himselfe or to have his houses burned and that he doth not crave the peace for any private malice or for vexation but of very feare and for the needfull safety of his body or houses for the words of the Commission herein are Et ad omnes illes qui alicui vel aliquibus de populo nostro de corporibus suis vel de incendio domorum suarum minas fecerint ad sufficientem securitatem de pace c. inveniendam c. 27. So as he that shall be threatned to be hurt in his body scil to be beaten Ibid. wounded maimed or killed the party so threatned may crave and have the surety of peace against the other Ibid. 28. Also if a man doe feare that another will kill maime beat assault or hurt him in body he may crave the peace against such other person 29. So if a man doe feare that another will burne his house 30. So if a man doe feare that one will procure or cause any such hurt to be done him by another Ibid. either in his body or in his house for the words of the recognisance be non faciet neque fieri procurabit Ibid. 31. So if a man lieth in waite to beate kill or hurt another it is good cause to require this surety Cromp. 135. Ibid. 32. If a man be threatned to have his goods burned it seemeth by the opinion of Master Fitz. that he may demand surety of the peace for this 17. Ed. 44. Br. peace 22. 33. But where a man shall threaten to imprison another it is holden that the peace shall not be granted for this may be intended to be by legall processe but if one shall threaten another of his owne wrong without any legall processe to Imprison him by force and violence it seemeth to me that this is good cause not onely to grant security for the peace but also for the good behaviour for to threaten such imprisonment is within the words minas de corporibus and like harme may happen to a man by hard imprisonment as by cruell beating of him and to threaten such imprisonment seemeth to be a good cause to avoide a deed aswell as to threaten to kill or maime one c. 39. H. 6. Br. Duress 9. Fitz. Na. Br. fo 80. g. Dalton 144. 34. Where a master is in feare that another will hurt his servants or his Cattell or other goods this surety of the peace shall not be granted by the Iustice of peace but in this case Master Fitzherbert saith the party may have a speciall writ out of the Chancery directed to the Sheriffe that he shall cause such person to finde surety that he shall doe no hurt nor damage to the other man in his body or to his servants or goods and if he will not finde surety that then he shall arrest and detaine him in prison untill he shall finde surety and that the Sheriffe shall certifie all that he shall doe thereupon into the Chancerie c. and it seemeth the Sheriffe ought to take such surety by recognisance and yet if a man shall threaten to hurt my servant or my wife or child I see no cause but that in their behalfe I may crave the peace at the Iustices hands by the words of the Commission and that the Iustice ought to doe it 35. If a man will require the peace because he is at variance or in suite with his neighbour it shall not be granted by the Iustice of peace Br. Impris 41. P.R. 14. 36. Note also that the surety for the peace shall not be granted but where there is a feare of some present or future danger and not meerely for a batterie or trespasse that is past or for any breach of the peace that is past for this surety of the peace is only for the security of such as are in feare â—â—â—â—â—metus est presentis vel futuri periculi causa mentis trepidatio so this surety is providere praesentia futura non praeterita 37. And as for a battery or other like trespasse that is past Dalton 144. the party wronged may have his Action of trespasse or battery c. or may punish the offendor by indictment at the Kings suit and yet in such case the Iustice may if the party hurt do pray it or upon any good circumstance if he see cause bind the party that made the affray to the peace 38. If the Iustice of peace shall perceive that this surety for the peace is demanded meerely of malice
by the Lord without any protestation c. How this Suretie of the peace may be commanded and how the same commandement shall be executed CHAP. 57. 1. THe Iustice of peace may command this suretie of the peace either by word only or by writing 2. By word only the party being in his presence as if in the presence and hearing of the Iust of peace one man doth threaten another or shall make an affray or assault upon another 14. H. 7. 8. or doe some other like thing tending to the breach of the peace the Iustice of peace may command him by word to finde sureties for the peace and for want of such sureties may commit him to prison untill hee shall finde the saâ—e 3. Also if one shall demand this surety against another 14. H. 7. â— who is then in the presence of the Iustice of peace and will be sworne that hee is affrayd of him the Iustice may by word command him to finde sureties for the peace 4. And the Iustice of peace in such cases 14. H. 7. â— â— may by word only command the Constable or any knowne officer or his owne servant being then present to arrest such party to finde sureties for the peace and if the party shall refuse to finde such sureties then the Iustice of peace may commit him to the gaole 5. By precept or warrant in writing and under seale and this must be directed to some officer or other indifferent person By writing and must containe the cause and at whose suit to the intent the party to be bound may provide his sureties and take them with him The forme of which precept See postea tit Warrants and Presidents Co. 5. 59. 6. The Iustice of peace may make his warrant to bring the party before himselfe to finde suretie for the peace by the opinion of Wray chiefe Iustice Br. peace 9. for he that maketh the warrant for the most part hath the best knowledge of the matter and therefore is the fittest to doe Iustice in that case and yet the most usuall manner is to make such a warrant to bring the party before the same Iustice or some other of the Iustices of peace of the same County 21. H. 7. 21. c. and Iudge Fineux his opinion was that where a Iustice of peace doth make a warrant for the party ex officio there the party may choose to appeare before him or any other Iustice in that County and that the party may have his action of false imprisonment against the officer if he doe otherwise compell him How it shall be executed 5. Ed. 4. 13. 7. The Constable or other officer before he arresteth the party upon such a warrant ought first to acquaint him with the matter and withall to require the party in the Kings Name to goe with him before the Iustices to finde sureties according to the warrant and if the party shall refuse either to goe before the Iustice P. R. 20. and Cromp. 235. or to finde sureties then the officer may arrest him by vertue of that warrant and may convey him to the gaole without carrying him to any Iustice of peace and there the party shall remaine untill he shall voluntarily offer and find sureties 8. But if the partie shall yeeld to goe and finde sureties then the officer may not absolutely arrest him but yet the officer is not bound to goe up and downe with him to finde sureties but may keepe the party untill he can procure sureties to come to him yet if afterwards the party shall make any resistance or shall offer to goe his way then the officer may arrest him and by vertue of that warrant may carrie him to the gaole and may also imprison him in the stockes untill he can provide aide to convey him to the gaole 14. H. 7. f. 10. 2. Br. peace 9. When the party commeth before the Iustice of peace by force of this warrant or by force of any other warrant for the peace or good behaviour or for a riot or the like the party must offer sureties to the Iustice of peace or else the Iustice may commit him to the prison for the Iustice needeth not to demand surety of him 10. Also after that the party shall be brought before the Iustice if before him he shall refuse to finde sureties the officer without any new warrant or commandement may carry the party to prison co 5. â—â— and that by the words of the first warrant and if he shall refuse this to doe that then c. see the forme of the warrant in the title of warrants and presidents 11. If the officer doe arrest the party 5. Ed. 4. 6. P. R. 20. and doe not carry him before some Iustice of peace to finde sureties c. or upon the refusall of the party if the officer shall arrest him and doe not carry him to the gaole in both these cases the officer is punishable by the Iustices of peace for this neglect by fyne at their Sessions and also the party arrested may have his Action of false imprisonment for the arrest for where the officer doth not pursue the effect of his warrant his warrant will not excuse him of that which he hath done 21. H. 7. 23. a. See 3. H. 7. fo 3. b. Bryan 12. And if the party be imprisoned for default of sureties and after he that demanded the peace against him happen to dye or shall release the party it seemeth in these cases the Iustice of peace may make his liberate or warrant for the delivery of such prisoner for after such death or release there seemeth no cause to continue the other in prison also any Iustice of peace may upon the offer of such prisoner take surety of him for the peace c. and may thereupon deliver him 13. It seemeth by some opinions 4. Ed. 4. â—6 2. H. 7. 24. Br. priviledge 35. 52. Lambert 96. that if the party imprisoned for not finding sureties hath a suite depending in the common place he may by the course of that Court by a writ of priviledge be discharged of his imprisonment if the other party be not ready in the Court at the day of the returne of the writ to pray sureties of the peace but if upon the returne of the habeas corpus the cause be returned as it ought to be the Court will not discharge him without finding such surety for he that demandeth the peace is not to have notice of the removing of his body and then how can he be ready in the Court of common place at the day and therefore it were a hard case that he should be so defeated of his surety 14. If the party hath gotten sureties then if the warrant proceed ex officio and not upon the writ of supplicavit and be a generall warrant scil to come before me or some other Iustice Co. 5. 59. Br. exâ—mp 11. Br.
meanes of Law to come to it 19. If the Recognisance be to keep the peace towards the King and all his people but not towards any person certaine yet it is good 20. So if the Recognisance be to keepe the peace towards A. only F.N.B. 80. g. Cromp. 141. it is good or to keepe the peace towards A. and his servants without being bound toward the King and all his Subjects it is good enough 21. But the best forme is to bind the party to keepe the peace towards the King and all his people for first the words of the Commission are to finde suretie erga nos populum nostrum and againe the common usage is so and besides it may prove dangerous to the party who hath cause to crave this surety of the peace for the other party who shall give just cause to crave this surety against him because he will not be bound to the peace towards him that prayeth it he will perhaps pray to bind himselfe to the peace to A. who is his Companion and then if the Iustice of peace shall so bind him then may he and A. goe to another Iustice of peace and that peradventure within one weeke and there A. may release him of the peace and so the party that first prayed the peace trusting that hee is still bound may be after beaten maimed or slaine by him or by his procurement 22. So then though the Recognisance being taken in any maner or sort aforesaid may prove sufficient to bind the party to the King yet peradventure it will not excuse the Iustice of peace from blame and therefore it is safest for the Iustice of peace to follow the received forme 23. The forme of the Recognisance for the Peace you shall see postea tit Warrants and Presidents 24. The Recognisance for the peace being thus taken if it were by a writ of supplicavit the Iustice ought to returne the writ and to certifie under his Seale his doing therein into the Court from whence the supplicavit proceeded and he may also send such Recognisance so taken by him with this certificate or else he may keepe the Recognisance in his hands still untill he shall receive a Certiorari out of the Chancerie directed to him for removing of this Recognisance 25. But if this recognisance for the peace were taken by the Iustice of peace ex officio 3. H. 7. ca. 1. P. Iust 106. then the Iustice of peace ought to certifie send or bring the Recognisance to the next Sessions of the peace so that the party bound may be called thereupon and that if the party make default of apparance the same default may be then recorded and the recog with the record of such default shall be estreated into the Exchequer 3. H. 7. ca 1. Recog forf that from thence processe may goe out against the party and so ought it to be if it be presented that the party hath forfeited his recognisance by breach of the peace 26. If the Iustice of peace shall not certifie such recog at the next Sessions by the said stat 3. H. 7. ca. 1. he is to be fined at the discretion of the Court and yet see Brooke tit Peace 11. that the Iustice shall forfeit 10. l. if hee shall not certifie the Recog of the peace at the next Sessions but Brooke there mentioneth the stat 3. H. 7. ca. 3. which stat of 3. H. 7. ca. 3. was only for bailement of prisoners and certifying the same and not for Bonds of the peace 27. Cromp. 169. If he which demanded the peace shall release the peace before the next Sessions yet the Iustice of peace ought to certifie the Recog together with the Release for peradventure it was forfeited before the Release made 28. 2. H. 7. 1. â—â—â— 11. Fit N. B. 8. 1. Recognisance removed Also he that demandeth this suretie may by a Certiorari remove such Recog into the Chancerie before the Iustice hath certified the same to the Sessions and then the Iustice shall be excused for not certifying the same to the Sessions 29. If the Iustice of peace were deceived in the sufficiency of the sureties Dalton 157. the same Iustice of peace or any other Iustice of peace may afterwards compell the party to finde and put in more sufficient surety and may take a new Recog for the same for that the precept is ad inveniendum sufficientem securitatem but if the sureties dye the party principall shall not be compelled to find new sureties What thing shall discharge this Recognisance of the peace or the party of his apparance at the Sessions CHAP. 59. 1. A Supersedeas out of the Chancerie c. will not discharge the party of his apparance but he ought to appeare and shew the Supersedeas in Court and thereupon he shall be discharged as is before declared in this Title 2. He that is bound to the peace and to appeare at a certaine day 30. H. 6. 26. he must appeare at the day and record his apparance Br. sâ—rety â—â— although he who craved the peace commeth not in to desire that it may be continued otherwise the recog shall be forfeited 3. And if a man be bound to keepe the peace towards the King and all his people but not towards any certaine person and to appeare at such a Sessions the Court at that Sessions may make Proclamation c. and if no person commeth to demand the peace against him then the Court may discharge him but if a man be bound as aforesaid and especially to keepe the peace towards A. there though A. commeth not in to desire that the peace may be continued yet the Court by their discretion shall doe well to bind him over till the next Sessions and that may be to keepe the peace against A. onely if they shall thinke good for it may be that A. who first craved the peace is sicke or otherwise letted so as he cannot come to that Sessions to demand the continuance of the peace 4. If the Iustice of peace shall not certifie the recog to the Sessions yet the party ought to appeare and to record his apparance for if a Sheriffe arrest one upon a capias and take bonds for his apparance at the day the writ is returneable and the Sheriffe returnes not his writ c. yet the party must appeare to save his bond 18. Ed. 4. 18. Cromp. 134. 5. If the party that is bound to appeare be so sicke as that he cannot appeare nor by any meanes travell at the day upon due proofe of such his sickenesse the Iustices of peace shall forbeare to certifie or record such default for impotentia in this and such like cases by the hand of God excusat legem Cromp. 144. 6. If the husband be bound that he and his wife shall appeare at such a Sessions and that they shall keepe the peace in the meane time c. and at the day
the request of one and for the preservation of the peace chiefely towards one 11. Also this surety of good abearing is most commonly granted either in open Sessions of the peace or out of the Sessions by two or three Iustices of peace whereas that of the peace is usually granted by one Iustice of peace and out of Sessions 12. And yet by the words of the Commission 14. H. 7. 8. â— as also by the opinion of the learned any one Iustice of peace alone and out of the Sessions may grant this surety of the good abearing and that either by his owne discretion or upon the complaint of others as they may that of the peace 13. But this is not usuall unlesse it be to prevent some great and sudden danger especially against a man that is of any good estate carriage or report 14. Also this surety may be granted at the suit of one person 15. But the more difficult and dangerous this surety is to the party bound the more regard there ought to be taken in the granting of it and therefore it shall be good discretion in the Iustices of peace that they doe not command or grant it but either upon sufficient cause seene to themselves or upon the suit and complaint of diverse others as aforesaid and the same very honest and credible persons 16. Also this surety of good abearing is often taken by the Iustice of peace by vertue of a speciall writ in nature of a supplicavit Supplicavit directed out of the Chancery or Kings Bench and then the Iustice of peace upon such a writ is to proceed as a minister as in case for the P. mutatis mutandis vide ante tit Suretie for the peace and supplicavit 17. Master Dalton affirmeth that he once received out of the Chancery Dalton p. 170. such a writ directed custodibus pacis in comit Cantabrigiae ac vicecomiti ejusdem comit eorum cuilibet and grounded upon the statute of 34. Ed. 3. commanding them and every of them to take foure sureties besides the party whereof every one of them should have lands of such a yearely value or goods of such a value and to bind the sureties every of them in such a summe quod ipse boni gestus de cetero erit erga nos cunctum populum nostrum quod nihil in contrarium statuti pradicti attemptabit c. and therein he proceeded as a minister onely 18. The party against whom such a supplicavit for the good behaviour shall be granted out before he be attached thereupon may goe or send up and give sureties in the Chancery as here before is said for the peace and thereupon he shall have a supersedeas out of that Court directed to the Iustices of peace and Sheriffe and to every of them commanding every of them to surcease to arrest the said party or to doe any other execution of the said writ of supplicavit and that if before the comming of the said supersedeas they have taken any such security for the good behaviour of the party that then they presently release the party of such surety found by him the former writ of supplicavit notwithstanding For what cause this suretie of the good behaviour shall be granted CHAP. 63. 1. IT is chiefely to be granted by the Iustices of peace out of their Sessions in these cases following viz. against common Barretors common Quarrellers and common breakers or perturbers of the peace 2. Also it is grantable against Rioters see hereof before tit Riots 3. Also against such as shall lye in wait to rob or shall be suspected to lye in wait to rob or shall assault P. Iustice 18. or attempt to rob another or shall put passengers by the way in feare or perill 4. Also against such as be generally feared or suspected to be Robbers by the high way 5. Also against such as are like to commit murder homicide Cromp. 135. b. or other grievances to any of the Kings subjects in their bodies 6. Also against such as shall practise to poyson another 7. One had bought Ratsbane and mingled the same with corne and then wilfully did cast the same amongst his neighbours poultry Dalton p. 171. whereby most of them dyed and this was holden to be a good cause to bind the offendor to the good behaviour 8. P. Iustice 18. 34. Ed. 3. ca. 1. It is also grantable against such as be of evill name and fame generally but more especially against all such as are defamed and detected in any of these partitulars following 9. 13. H. 7. 10. First against all those that are greatly defamed for resorting to houses suspected to maintaine adultery or incontinence 10. Also against the maintainers of houses commonly suspected to be houses of common Bawdrie 11. Cromp. 140. One that had such lewd women found in his house was bound to his good behaviour by Wray Anderson and Manwood 28. El. 12. Also against common whoremongers and common whores 1. H. 7. 7. 27. H. 8. 14. for by good opinion Avowtry or Bawdry is an offence temporall aswell as spirituall and is against the peace of the land 13. Upon information given to a Constable 13. H. 10 Br. Traverse 432. that a man and a woman be in adulterie or fornication together or that a man and a woman of an evill report are gone to a suspected house together in the night the officer may take company with him and if he find them so he may carry them to prison or he may carry them before a Iustice of peace to find sureties for the good behaviour 14. Also against night-walkers that be suspected to be pilferers or otherwise like to disturbe the peace or that be persons of evill behaviour or of evill fame or report generally or that shall keep company with any such or with any other suspitious persons in the night 13. H. 7. 10. 15. Against such as be Evesdroppers that is to say that in the night shal harken neare the wals of mens houses to heare what is spoken within and to make use thereof to breed discord or dissention amongst neighbours 16. Against Night-walkers that shall cast mens gates or Carts into ponds c. or shall commit other misdemeanors or outrages in the night time 17. Against suspected persons who live idly and yet fare well or are well apparelled having nothing whereon to live except upon examination they shall give accompt of such their living 18. Against common Haunters of Alehouses or Tavernes but more specially if they have not whereon to live and also against common Drunkards and Prophaners of the Sabbath and against common Gamesters and Keepers of common gaming houses whereby mens servants and children are drawne to Unthriftinesse and also against Alehouse-keepers and Inne-keepers that maintaine misorder in their houses and especially on the Sabboth day 19. Against such as shall use to goe in the message of Theeves See stat 18.
Ed. 2. P. Leete 1. 20. All these former offendors and the like are evill members in the common wealth and such their demeanor and living is greatly to be suspected and besides doe seeme to be more properly said against the peace of the land then Avowtrey in the case before 1. H. 7. 7. and therefore it seemeth reasonable just and expedient that the Iustices of peace upon their discretion should convent such persons before them and their courses of life and if they cannot yeild a good reason and accompt of such their courses then to bind them to their good behaviour 21. Also the good behaviour seemeth grantable against such as shall make false outcries or shall raise Huy and Cryes without cause for these are disturbances of the peace Cromp. 179. 22. If two men doe levie Huy and Cry one upon another without cause both of them may be attached and bound over as disturbers of the peace P. R. 156. 23. Also Cheators and Cozoners may be bound to the good behaviour See Co. 5. 125. P. R. 12. 24. Libellers it seemeth may also be bound to their good behaviour as disturbers of the peace whether they be the contrivers the procurers or the publishers of the libell for such libelling and defamation tendeth to the raising of quarrels and effusion of blood and are specially occasions and meanes tending and inciting greatly to the breach of the peace 25. Also it seemeth grantable against unlawfull hunters in parks after their examination taken vide antea tit Hunting 26. Also it shall be granted against him that shall abuse a Iustice of peace Constable or other officer of the peace in executing of their office 9. El. 43. 27. A Iustice of peace seeth a man breake the peace sc to make an assault or affray upon A. and he chargeth him to keepe the peace and the other answereth that he will not the Iustice of peace may bind him to the good behaviour See Exod. 22.28 28. For if as one saith contempt or contumelie used to the person of a mans better neither policie for example nor religion for peace may tolerate much lesse to use contempt towards or to abuse such as are in authority especially when they are in executing their office 29. Nay it seemeth that he which shall use words of contempt or contra bonos more 's against a Iustice of peace though it be not at such time as he is executing his office yet hee shall be bound to his good behaviour 30. If a Citizen or free man of a Citty Co. 11. 98. or Towne corporate shall use words of contempt or contra bonos more 's against the chiefe officer of the City or Towne or his brethren they are good causes to commit him to prison untill he shall finde sureties for his good behaviour for obedience and reverence ought to be yeelded to the magistrate for that they derive their authority from the King 31. Also he that shall abuse a Iustice of peace his warrant may be bound to his good behaviour 32. A man complaineth of a Riot or a forceible Entry so that the Iustices of peace are assembled to enquire therof and then the party that complained will not prosecute the matter it seemeth the said Iustices of peace may bind him to his good behaviour for his deluding them 33. And so of such as shall charge another with felonie before a Iust of Peace and yet will not give Evidence c. 34. A. is bound to keepe the peace against B. only Cromp. 134. and getteth a supersedeas and after B. releaseth him after A. is arrested for suretie for the peace at another mans suit and sheweth this first supersedeas it seemeth he shall be bound to his good behaviour for this deceit 35. He that hath a pardon for any felony 10. Ed 3. P. pardon 5. shall finde surety for his good behaviour but he shall bee bound before the Sheriffe and Coroners who shall returne the same into the Chancerie 36. Also he that is acquitted of felonie if he be of evill fame or of evill behaviour it seemeth the Iustices of peace upon their discretion may bind him to his good behaviour 37. The forme of a warrant for the good behaviour vide postea tit Warrants 38. The forme of the Recog for the good behaviour vide postea tit Recognisance 39. Whether the suretie of the good behaviour taken upon complaint may be released by any speciall person some do doubt it Release Lamb. 126. because it seemeth more popular then the suretie of the peace yet others doe hold that it may be released either by the Iustice of peace himselfe that tooke it in discretion P.R. 2â— or by the party upon whose complaint it was granted even as that for the peace may 40. It seemeth also a Supersedeas Supersedeas of the good behaviour may bee granted by the Iustices of peace as well as for the peace mutatis mutandis upon good sureties taken by the said Iustices of the party to be of the good behaviour Cromp. 237. 41. Cromp. 146. If a man be bound to the good behaviour before Iustices of peace and to appeare at the next Assises or Sessions yet the party bound may by a Certiorari Certiorari remove the Recognisance into the Chancerie or Kings Bench before the day and then he shall not need to appeare at the Assises or Sessions for they have no record whereupon he may be called there Swearing and Cursing CHAP. 64. 1. FOrasmuch as all prophane swearing and cursing is forbidden by the Word of God 10. Caroli ca. 1. in Ireland it is enacted by Parliament in anno 10. Caroli ca. 1. that no person or persons shall prophanely sweare or curse and that every person or persons that shall at any time or times offend herein either in the hearing of a Iustice of peace bailiffe or any other head officer of any Citty or Towne corporate where such offence is or shall be committed or shall be thereof convicted by the oathes of two witnesses or by confession of the party before any Iustice of Peace of the County or head officer or Iustice of Peace in the Citty or towne corporate where such offence is or shall be committed to which end every Iustice of peace and every such head officer have power by that Act to minister the same oath that then every such offendour shall for every time so offending forfeit and pay to the use of the poore of that parish where the same offence is or shall bee committed the summe of Twelve pence and it shall also be lawfull for the Constables and Church-wardens or any one of them by warrant from such Iustice of peace or head officer to levie the same summe or summes of money by distresse and sale of the offendours goods rendring to the party the overplus and in defect of such distresse the offendor if he or she be above the age of
all high Constables petty Constables and all other his Majesties officers greeting c. whereas E. F. hath informed me that diverse goods and cattel viz. xx l. in money c. and so name all the goods have beene lately stolne from him these are therefore in his Majesties name straightly to charge and command you and every of you upon sight hereof presently without delay in all suspected houses and places within your severall Bailiwickes Hundreds Baronies and Constablewicks to make diligent search for the said goods and where you shall finde the same or any part thereof to arrest the parties in whose houses or possessions the said goods or any part thereof shall be so found and so them arrested to bring before me to my house at Dale with all convenient speed whereof you may not faile at your perill sealed with my seale and dated the _____ day of _____ c. 5. When any of the said felons or traitours shall be so arrested and brought before the Iustice of peace the Iustice must take the examination of the traitours or felons in writing but not upon oath and must examine them upon all circumstances whereof he shall receive information from the accusers and upon such other circumstances as he in his owne discretion shall thinke fit for the discovery of the Treason or felony The forme of the Examinations may be thus 6. The Examination of A.B. c. taken before me R.B. one of his Majesties Iustices of peace in the County of M. the first day of February in the xiij yeare of the Raigne of our soveraigne Lord Charles by the grace of God King of England Scotland France and Ireland defendor of the faith c. The said examinat being duely examined saith c. and so set downe every particular answer that the prisoner shall make to the questions that shall be demanded of him 7. This being done the Iustice of peace must take the examinations of the accusers and such other as can give any evidence materiall against the prisoner and their examinations must be taken in writing severally and that upon oath The forme whereof may be thus 8. The examination of A.B. c. taken before me C.B. Esquire one of his Majesties Iustices of peace in the County of Dublin the first day of March in the xiij yeare of the Raigne of our soveraigne Lord Charles by the grace of God King of England Scotland France and Ireland defendor of the faith c. This examinat being duely sworne upon the holy Evangelist and examined upon his oath saith c. and so set downe at large all the materiall circumstances that he shall declare to prove the treason or felony 9. This being done the Iustice of peace must make a Mittimus to convay the prisoner to the County Gaole The Mittimus may be in this forme 10. Comitat. Cavan A.B. Esquire one of the Iustices of peace in the County of C. to the keeper of his Majesties Gaole in the said County greeting I send you therewithall the body of E.F. late of G. labourer brought before me this present day and charged with the felonious stealing of one blacke horse of the goods of I.H. and therefore these are in his Majesties name to command you that immediately upon sight hereof you receive the said E.F. into your custody and him safely keepe in his Majesties Gaole of the said County untill he shall be thence delivered by due order of his Majesties Lawes whereof you may not faile as you will answere for your contempt at your perill dated at Dale the first day of Ianuary c. 11. I doe not like of the Mittimus commonly used in Ireland that is to send the prisoner from Constable to Constable for I finde by experience that thereby many notable offendors doe escape and then many times goe into Rebellion to the great prejudice of the common wealth but I like better that he should be convayed to the Gaole by the Constable of that Constablewicke where he was apprehended and that by a sufficient guard at the charge of the Constablewicke for which the Iustices of peace shall doe well to conceive a generall order at their generall Sessions of the peace 12. This being done the Iustice of peace must take a severall Recognisance of every one of the accusers and of every one that can give evidence against the prisoner the forme of which Recognisance may be thus Com. Dublin 13. Memorandum quod tertio die Aprilis anno Regni Domini nostri Caroli Dei gratia Angliae Scotiae Franciae Hiberniae regis fidei defensoris A.B. de C. in comitatu praedicto Yeoman personaliter coram me I. H. uno Iusticiariorum dicti Domini Regis in per totum comitatum praedictum ad pacem dicti Domini Regis conservandum c. assignat apud Dale in Com. praedict recognovit se debere dicto Domino Regi decem libras bonae legalis monetae de bonis Catallis terris tenementis suis fieri levari ad opus dicti Domini regis heredum successorum suorum si defecerit in conditione subsequenti The condition of the above Recognisance is such that whereas one A.B. late of C. labourer was this present day brought before me and was charged with the felonious stealing of one blacke horse of the goods of the above named B.E. and thereupon was sent by me the above named Iustice of peace to the Kings Majesties gaole of the said County of Dublin If therefore he the said B. E. shall and will at the next generall gaole delivery to be holden in the said County preferre or cause to be framed and preferred a bill of indictment of the said felony against the said A.B. and shall and will then also give evidence there concerning the same aswell to the Iurors that shall then make enquiry of the said felony as also to them that shall passe upon the tryall of the said A. B. That then the said Recognisance shall be voyd or else c. 14. The like Recognisance must be taken severally of all such as can give any materiall evidence against the prisoner with the like condition 15. And in cases of Treason the like Recognisance must be taken as in felony mutatis mutandis 16. Also the Iustice of peace ought to returne the said examinations and Recognisances at the next gaole delivery or else he is to be fyned 17. Now concerning Misprisions and Praemunires the Iust of peace may make out a warrant to apprehend offendours in this forme following viz. A.B. Esquire one of his Majesties Iustices of peace within the County of Lowth Lowth To the Sheriffe of the said County and to all and singular the high Constables petty Constables and all other his Majesties officers in the said County greeting These are in his Majesties name streightly to charge and command you and every of you within your severall Bailiwickes Hundreds Baronies and Constablewickes to
Kings writ issuing sometimes out of the Chancery and sometimes out of the Kings Bench and may be directed to any Court of Record or officer of Record as to a Iustice of peace Sheriffe Coroner or Escheator to be certified of any Record which is before any of them and first an alias then a pluries and lastly an attachment lyeth against them that should send it if the Record be not certified accordingly or it seemeth a sub poena is used at this day If it be returneable into the Chancery then are the words in Cancellaria nostra and if into the Kings Bench then the words are coram nobis ubicunque c. mittatis The Certiorari may be sometimes to remove Fitz. Na. Br. fo 245. and send up the Record it selfe and sometimes but onely the Tenor of the Record as the words therein be and it must be obeyed accordingly If there be variance betweene the Certiorari Plo. 393. and the Record which is to be removed the Iustices need not to certifie such Record A Iustice of peace may deliver Crompton fo 132. a. and 133. b. or send into the Kings Bench an endictment found before him or a Recognisance of the peace taken by him or a force recorded by him without any Certiorari but if a Iustice of peace having a Record with him be discharged of his office now he cannot certifie it without a Certiorari although he be made a Iustice of the peace againe See 8. H. 4. fo 5. Br. Record 64. If a Certiorari be to send up the indictment of A. in which endictment some others be endicted together with the same A. yet need not the Iustices of peace to make certificate concerning any but A. for although they be named joyntly yet be they indicted severally and the King may pardon A. without forgiving the other 6. E. 4. 5. 6. Ed. 4. fo 5. If a Certiorari shall come to the Iustices to remove an endictment and the party sueth not to have it removed but suffereth it to lye still 9. H. 7. 16. Br. Iudgement 17. yet it seemeth the Iust of peace ought ex officio to send it away because the writ containeth in it selfe a commandement to them so to doe and so is a supersedeas of it selfe to the Iust of peace to stay their other proceedings And albeit the Certiorari be a supersedeas of it selfe Fitz. Na. Br. 237. yet may the party upon the Certiorari purchased have a supersedeas also directed to the Sheriffe commanding him that he arrest him not Fitzh fo 237. in which place also he doubteth whether the Iustices of peace themselves ought not of duty to award their owne supersedeas to the same effect after that the writ of Certiorari is brought to their hands If a Certiorari come to the Iustice of peace to remove an endictment and in truth the indictment was not taken till after the date of the Certiorari yet if the endictment be removed thereby Dalton 371. it is good enough for that they both be the Kings Courts 1. R. 3. 4. and in such case it is now usuall to remove it All the higher Courts at Dublin may write to the Iustices of peace to certifie their Records that doe make for the tryall of causes in them depending as you may reade 19. H. 6. 19. where they of the common place did send to the Iustices of peace for an endictment because in a writ of conspiracy brought before them it was materiall to have it In some cases the Iustice of peace may certifie a Record by him made Dalton fo 372. or found before him out of Sessions without any writ of Certiorari therefore to him directed vide antea tit forceible Entrie In other cases he must of duty certifie the proceedings but may spare to certifie the Record untill a Certiorari come to him for it see hereof antea title Suretie for the peace For the manner of the writ of Certiorari to remove Records from one Court to another or from the Iust of peace or other officers of Record to any the higher Courts of Dublin c. there are diverse formes and sorts thereof as you may see in Fitz. Na. Br. fo 242. c. I will onely set you downe one forme for all The forme of a Certiorari out of the Chancery to certifie a Recog taken by a Iustice of peace in the Country for the keeping of the peace Iacobus Dei gratia Angliae Scotiae Franciae et Hiberniae Rex fidei defensor custodibus pacis nostrae in Com. Dublin et eorum cuilibet salutem volentes certis de causis Certiorari super tenorem cujusdam securitatis pacis vel boni gestus qua A.H. ar invenit coram vobis vel aliquo vestrum de eo quod ipse damnum vel malum aliquod R.S. vel alicui alij de populo nostro de corpore suo nec faceret nec fieri procuraret quovismodi vobis mandamus quod tenorem securitatis pacis sive boni gestus predict nobis in Cancellar nostr in octabis purificat beatae Mariae virginis prox futur ubicunque tunc fuerit sub sigill vestr vel unus vestrum distincte et apertè sine dilatione mittatis et hoc sub poena centum librarum nullatenus omittatis nec aliqu vestr omittat Teste meipso apud Dublin _____ die Novembris Anno Regni nostri c. The returne hereof See antea titulo Surety for the peace Concerning the surety of the peace When a writ of supplicavit which in old time was called breve de minis as appeareth by the Register directed out of the Chancery is delivered to a Iustice of peace he is to direct his precept or warrant to compell the party upon that writ to finde surety for the peace as appeareth by Fineux chiefe Iustice in 21. H. 7. fol. 20. the forme of which precept or warrant may be thus in English George Multon one of the Iustices of peace of our soveraigne Lord the Kings Majestie within the County of Dublin Com. Dublin to the Sheriffe of the said County and to all the high Constables of the severall baronies within the said County and to all petty Constables and all and singular other the Kings Majesties Bailiffes and other ministers aswell within liberties as without in the said County and to every of them greeting Know yee that I have received the commandement of our said soveraigne Lord the King by his Majesties writ of supplicavit in these words reciting the whole writ of supplicavit which is not alwayes of one forme because it is sometimes directed to all the Iustices of the peace sometime to them and the Sheriffe and sometimes to one Iustice alone or reciting only the effect of the supplicavit thus Know yee that I have received the commandement of our said soveraigne Lord the King by his Majesties writ of supplicavit to compell A. B. of D. in the said
towards the said B.A. and if he shall refuse so to doe that then immediately you doe arrest and convey the said T.B. or cause him to be conveyed to his Majesties gaole of the said County there to remaine untill he shall willingly doe the same and see that you certifie your doings in the premisses to the Iustices at the said Sessions and have you there this warrant dated at c. The forme of the Recognisance of the peace may be thus Memorand quod die Anno regni Domini nostri Caroli Dei gratiâ c. R. P. de E. in Com. Dublin praedict Yeoman Com. Dublin in propria persona sua apud F. in Com. praedict venit coram me Rogero Thorneton Armigero uno Iusticiar dicti Domini Regis ad pacem in dicto Comitat. conservandam assignat assumpsit pro scipso sub poena viginti librarum Et H.I. de L. in Com. praedicto Yeoman M.N. de c. Husbandmen tunc ibidem in propriis personis suis similiter venerunt manuceperunt pro predicto R.P. viz. quilibet corum separatìm sub poena decem librarum quod idem R.P. personaliter comperebit coram Iusticiariis dicti Domini Regis ad pacem ad proximam generalem Sessionem pacis in Com. predict tenend ad faciend recipiendum quod ei per Curiam tunc ibidem injungetur quod ipse interim pacem dicti Domini regis custodiet erga ipsum Dominum regem cunctum populum suum praecipuè versus M.N. de D. praedict Yeoman quod damnum vel malum aliquod corporale aut gravamen praesato M.N. aut alicui de populo dicti Domini Regis quod in laesionem aut perturbationem pacis ipsius Domini regis seu praefati M. cedere valeat quovismodi non faciet nec fieri procurabit quam quidem summam viginti librarum praedictus R.P. quilibet manucaptorum praedictorum predictas seperales summas decem librarum recognoverunt se debere dicto Domino Regi de terris tenementis bonis Catallis suis quorumlibet cujuslibet eorum ad opus dicti Domini Regis haeredum successorum suorum fieri levari ad quorumcunque manus devenerint si contigerit ipsum R.P. praemissa vel eorum aliquod in aliquo infringere in de legitimo modo convinci Datum apud c. Or the like may be upon a single Recognisance with a Condition in forme following Memorand quod die Anno Regni Domini nostri Caroli Dei gratia c. venerunt coram me M.D. uno Iusticiar c. assignat T.H. de W. in praedicto Com. Dublin Com. Dublin Yeoman I.S. de ijsdem villa Comitatu Husbandman manuceperunt uterque eorum separatìm manucepit sub poena quinque librarum legalis monetae Angliae pro W.S. de W. praedict Taylor Et praedictus W.S. assumpsit pro seipso sub poena decem librarum consimilis monetae Angliae quas quidem seperales summas recognoverunt quilibet eorum ut predicitur recognovit se debere dicto Domino Regi de terris tenementis bonis Catallis suis fieri levari si predictus W.S. deficerit in performatione conditionis subsequentis The Condition of this Recognisance is such that if the above bounden W.S. shall personally appeare before the Iustices of our said Soveraigne Lord the King at the next generall Sessions of the peace to be holden in the said County of Dublin to doe and receive that which by the Court shall be then and there enjoyned him and in the meanetime doe keepe the peace of our said Soveraigne Lord the King towards the Kings Majestie and all his liege people and especially towards A. B. of C. in the County aforesaid Yeoman That then the said Recognisance to be voide or else c. The forme of a Supersedeas for the peace may be thus Com. Dublin A. B. Esquire one of the Iustices of peace of our Soveraigne Lord the Kings Majestie within the County of Dublin To the Sheriffe Bailiffes Constables and other the faithfull ministers and subjects of our said Soveraigne Lord within the said County and to every of them sendeth greeting Forasmuch as A.B. of c. Yeoman hath personally come before me at c. and hath found sufficient surety that is to say C.D. and E.F. c. Yeomen The supersedeas is good though it name neither the sureties nor the summes either of which hath undertaken for the said A.B. under the paine of Twenty pounds and the said A.B. hath undertaken for himselfe under the paine of forty pounds that he the said A.B. shall well and truely keepe the peace towards our said Soveraigne Lord and all his liege people and especially towards G.H. of c. Yeoman And also that he shall personally appeare before the Iustices of the peace of our said Soveraigne Lord at the next generall Sessions of the peace to be holden for the said County of Dublin Therefore on the behalfe of our said Soveraigne Lord I command you and every of you that you utterly forbeare and surcease to arrest take imprison or otherwise by any meanes for the said occasion to molest the said A.B. and if you have for the said occasion and for none other taken or imprisoned him that then you do cause him to be delivered and set at liberty without further delay Given at D. under my seale this last of Iuly c. The forme of the precept or warrant for the good behaviour may be thus Concerning the good behaviour I. S. Knight one of the Iustices of peace of our Soveraigne Lord the Kings Majestie within the County of Dublin To the Sheriffe of the said County and to all high Constables petty Constables and to all and singular Bailiffes and other his Majesties Officers and Ministers aswell within liberties as without in the 〈◊〉 County and to every of them greeting Forasmuch as A.B. 〈◊〉 in the said County labourer is not of good name or fame nor of honest conversation but an evill doer a Riotter Barretor and perturber of the peace of our said soveraigne Lord I command you and every of you that immediately upon sight hereof you cause the said A.B. to come before me or some other of my fellow Iustices to finde sufficient surety and mainprise aswell for his good abearing towards our said soveraigne Lord and all his liege people untill the next generall Sessions of the peace to be holden in the said County as also for his apparance then and there and if he shall refuse so to doe that then immediately without expecting any further warrant you him safely convey or cause to be safely conveyed to his Majesties gaole in the said County thereto remaine untill he shall willingly doe the same so that he may be before his Majesties Iustices at the said next generall Sessions of the peace to be holden in the said County
command you that you together with the petty Constables of the severall Townes Parishes and Hamlets within your Barony taking sufficient assistance out of the said Townes doe make a generall privy search within every of the said severall Townes Parishes and Hamlets upon _____ at night next comming for the finding out and apprehending of all Rogues Vagabonds and wandring idle persons in or about their said severall Townes and that such as shall be found and apprehended you doe cause them to be punished in every severall Towne or Parish where they shal be so apprehended by the petty Constables of every severall Parish respectively and by them also further to be conveyed according to the statute And if any of the said Rogues shall appeare to be dangerous or incorrigible that then you cause such to be brought before me or any other of his Majesties Iustices of peace to be further dealt withall according to the statute in such cases provided dated c. Afterwards any one of these Iustices may take the examination of or proofe against such dangerous Rogues finding cause may then commit such Rogues to the gaole and from thence he may by two Iustices of peace be sent to the house of correction A warrant for a fugitive servant Iohn Cuts Knight one of the Iustices of the peace of our soveraigne Lord the King c. To the Baliffes of the Barony of C. and to T.H. Constable of M. in the County of Dublin Dublin greeting Whereas E. L. hath beene retained to serve I. T. of M. aforesaid according to the forme and effect of a statute made for servants without just cause or licence of the said I.T. hath departed from his service Therefore on the behalfe of our soveraigne Lord the King I charge and command you and every of you that immediately after sight hereof you cause the said E.L. to be delivered to his said master to serve him and if he shall refuse so to doe that then you cause him to be convayed to his Majesties gaole of the said County of Dublin there to remaine untill he shall doe the same So that you may have him before me and the rest of my fellow Iustices at the next Sessions of the peace to be holden for the said County to receive such punishment as shall be then and there inflicted upon him sealed with my seale _____ dated c. Or thus in Latine Iohannes Cutts Miles unus Iusticiar Domini Regis c. Com. Dublin Ballivis Baroniae de C. et T.H. Constabular de M. in comitatu praed salut Quia E.L. retentus in servic I.T. de M. predict sibi serviend secundum formam et effectum statuti de servientibus edit à servitio pred I.T. sine causa rationabili et licentia ipsius I. T. recessit ut dicitur ideo ex parte Domini Regis vobis et cuilibet vestrum praecipio quod praef E.L. ad praefat I.T. magistrum suum deserviend deliberar faciat West â—78 Et si hoc recusaver tunc eum gaolae Com. praedict duci faciatis quousque c. Ita quod eum habeatis coram me et socijs meis Iustic dicti Dom. Regis in Com. praed ad prox sess pacis ibid. tenend ad faciend et recipiend ea quae ei tunc et ibid. in hac parte objicientur Sigill meo sigillat dat apud Another for the same Simon Steward Knight one of the Iustices of the peace of our soveraigne Lord the King c. To the Sheriffe of the County of Dublin Dublin and also to I.B. Constable of the Towne of B. and to R.N. Bailiffe Itinerant in the same County and to every of them greeting On the behalfe of our soveraigne Lord the King I command you and every of you that you or one of you attach the bodie of W.R. of B. aforesaid Labourer so that you or one of you have him before me and the rest of my fellow Iustices of our soveraigne Lord the King in the County aforesaid at the next generall Sessions of the peace to be holden in the aforesaid County to answer aswell to our said soveraigne Lord the King as to R.C. of c. Yeoman wherefore he being lately retained in the service of the said R. at T. in the County aforesaid from the said service before the end of the terme betwixt them agreed upon without just cause or licence of him the said R. hath departed in contempt of our soveraigne Lord the King and to the great damage of him the said R. and contrary to the forme of the statute in that case provided And that you or one of you have then there this precept witnesse c. Or thus in Latine Com. Dublin Simeon Steward Miles unus Iustic c. vic Com. pred Necnon I. B. Constabular vill de B. et R. N. ballivo itineranti in eodem Com. et eorum cuilibet salutem Ex parte dicti Domini Regis vobis et cuilibet vestrum mando Cromp. 238. quod attach seu unus vestrum attach W.R. de B. pred Labourer ita quod eum habeatis seu unus vestrum habeat coram me et socijs meis Iustic dict Dom. Regis ad pacem in Com. pred conservand Necnon et assign ad prox general sessionem pacis in Com. pred tenend ad respondend tam dicto Dom. Regi quam R.C. de c. Yeoman quare in servitio ipsius R. apud T. in Com. pred nuper retentus ab eodem servitio ante finem termini inter eos concordat sine causa rationabili et licenc ipsius R. recessit in Dict. Dom. Regis nunc contemptum et ipsius R. grave damnum et contra form statut inde edit et provis Et habeatis seu unus vestrum habeat ibi tunc hoc preceptum Teste c. A warrant for one refusing to serve Roger Millisent Knight one of the Iustices of the peace of our soveraigne Lord the King c. To R.L. Bailiffe of S. in the County of Dublin Dublin greeting On the behalfe of our soveraigne Lord the King I command you that you attach the body of R.A. of S. aforesaid Labourer so that you have him before me or my fellow Iustices of the peace in the County aforesaid at the next generall Sessions of the peace to be holden in the said County to answere aswell to our said soveraigne Lord the King as to B.C. of A. c. Yeoman wherefore he the said R.A. although he were often required to serve the said B.C. in a competent service for his estate yet notwithstanding he the said R.A. hath altogether refused to serve the said B.C. in contempt of our soveraigne Lord the King and to the great damage of him the said B.C. and contrary to the forme of the statute for servants in that case lately made and provided And see that you have this warrant there witnesse c. Or thus in Latine Rogerus Millisent
miles Co. Dublin unus Iustic c. R.L. ballivo de S. in Comit. pred salut Ex parte dicti Dom. Regis tibi mando quod attach R.A. de S. pred Labourer Ita quod eum habeas coram me vel socijs meis Iustic dicti Dom. Regis ad pacem in Com. pred conservand Cromp. 238. Necnon ad diversa felonias transgr et alia malefacta in eodem Com. audiend et terminand assig ad prox general sess pacis in Com. pred tenend ad respondend tam dicto Domino Regi quam B.C. de A. c. Yeoman quare ipse pred R.A. licet in servitio congruo pro statu suo per pref B.C. fuit saepius requisitus ei servire ipsum tamen B.C. servire penitus recusavit in contempt dicti Domini regis et ipsius B.C. grave damnum et contra formam statuti de servientibus edit et provis Et habeas ibi tunc hoc mandat Teste c. A warrant for the suppressing of an Alehouse Iohn Cage Knight and Edward Hinde Knight two of the Kings Majesties Iustices of the peace within the said County of Dublin Co. Dublin to the Constables of B. and to either of them greeting Whereas we are credibly informed that R.D. of your Towne victualler is himselfe a man of evill behaviour and besides doth suffer evill rule and disorder to be kept in his house contrary to the Lawes and statutes of this Realme These are therefore in his Majesties name to will and command you forthwith to repaire to the house of the said R.D. and to charge him to surcease from keeping any longer any Alehouse or Tipling house and from common selling of Ale or Beere at his perill and withall that you cause his Signe to be pulled downe hereof faile you not as you and either of you will answere to the contrary at your perill Given under our hands and seales at B. the _____ day of _____ And in the yeare of the Raigne of our most gratious soveraigne Lord Charles c. A warrant for the removing of a petty Constable and for the swearing of another Carolus Dei grat c. vic Com. Dublin Co. Dublin Necnon Capitali Constab. Baroniae de C. et eorum cuilibet salut Quia W. P. et R.S. subconstabular villae de C. et K. certis de causis nos moventibus ab officio suo amoveri et exonerari fecimus Ideo vobis et cuilibet vestrum conjunctim et divisim praecipimus et mandamus quod I.F. et R.M. ad omnia et singula eidem officio incumbentia bene et fidelitèr exercenda et exequenda prout ipsi nobis inde respondere voluerint coram aliquo Iusticiar nostr ad pacem in Com. pred conservand jurare faciatis dictisque W.P. et R.S. similiter injungentes quod ipsi de dicto offic ulterius exercendo et exequendo nullatenus se intrâ—mittant quousque aliud de nobis habuerint in mandatum et quicquid inde feceritis Iustic nostris ad pacem nostram in dicto Com. conservand assign ad prox general sess pacis apud C. in dicto Com. tenend certificetis hoc precept nostrum tunc et ibid. remittentes Test I.R. Milite uno Iustic nostrorum praed tali die c. This authority of removing petty Constables and of chusing and swearing new is reputed properly to belong to the Leete it being one of the most ancient Courts in the Realme Br. Leet 14. and if the new elect be not present at the Leet to take his oath accordingly then upon certificate or notice thereof to any Iu. of P. of that County the Iust doth use to send his warrant for the party so chosen and to give them their oath Also in default of the Leet or otherwise where there shall be just cause every Iust of peace ex officio as it seemeth may remove the old Constables and may chuse and sweare new which also we see to be warranted by common experience And I have seene some presidents to such purpose as followeth To our loving friend A. B. of W. Yeoman These are in his Majesties name to charge and command you to make your repaire unto us or to some other Iust of P. of this County to take the oath of a Constable to serve his Majesty within the Towne of W. according to the choice made of you by the Iury at the last Leet holden in your Towne And hereof faile you not dated c. The forme of the oath concerning the office of a Constable You shall sweare that you shall well and truely serve our soveraigne Lord the King in the office of a Constable you shall see and cause his Majesties peace to be well and duely kept and preserved according to your power you shall arrest all such persons as in your sight and presence shall ride or goe armed offensively or shall commit or make any Riot Affray or other breach of his Majesties peace you shall doe your best endeavor upon complaint to you made to apprehend all Traitours Felons Barretors and Riotters or persons riotously assembled and if any such offendour shall make resistance with force you shall levy Huy and Cry and shall pursue them untill they be taken you shall doe your best endeavor that the watch in your Towne be duely kept and that Huy and Cryes be duely pursued according to the statute of Winchester And that the statutes made for the punishment of Rogues and Vagabonds and night walkers and such other idle persons comming within your bounds or limits be duely put in execution you shall have a watchfull eye to such persons as shall maintaine or keepe any common house or place where any unlawfull game is or shall be used As also to such as shall frequent or use such places or shall use or exercise any unlawfull games there or elsewhere contrary to the Lawes and statutes of this Kingdome you shall well and duely execute all precepts and warrants to you directed from the Iustices of P. of this County and you shall well and duely according to your knowledge power and ability doe and execute all other things belonging to the office of a Constable so long as you shall continue in this office So helpe you God This oath I have set downe the more largely thereby to shew the principall matters whereof the Constables are chiefely to have care Libri primi Finis The Methode and Contents of the second Booke 1. THe two first Chapters containe the Description of the generall Sessions and how the same shall be summoned and appointed and by whom 2. The third Chapter declareth what persons ought to give their attendance at the generall Sessions of the peace 3. The fourth fift sixt and seventh Chapters doe set forth what offences are to be given in Charge and inquired of by the Grand-Iurie viz. Offences 1. Of Treason 2. Of Felony 3. Of Misprision And lastly Fynable Offences which are of foure
the discretion of the Court. 5. Ed. 3. cap. 10. Bribery 33. If any officer or minister of Iustice shall take any bribe to neglect the doing of his office or to doe his office falsely or corruptly he is to be punished by the common law by Fyne and imprisonment Conspiracy 34. If any Tradesman Artificers Labourers or servants shall combine and conspire not to worke or serve at the rates published by the Iustices of peace this is a misdemeanor at the common law and punishable by fyne and imprisonment 35. If any persons shall make any conspiracy or combination by colour of Iustice to take away any mans life malitiously without cause this is a high misdemeanor and to be grievously punished by the villanous Iudgement viz. imprisonment during life the offendours testimony to bee rejected his house to be rased his medowes plowed his woods to be rooted up and his person never to approch any of the Kings Courts 36. If any person or persons shall wittingly forge or cause to be forged any false deeds or writings or publish the same knowing them to be forged this is a misdemeanor punishable at the common law by Fyne and imprisonment and may bee so punished by the Iustices of peace but by a statute made in 28. El. cap. 4. in Ireland if it concerne Inheritance or Freehold of any lands or hereditaments it is punishable by Pillorie losse of Eares slitting the Nose forfeiture of land during life and perpetuall imprisonment but this punishment is to be inflicted by the Iustice of Assize or Iustice of Oyer and Terminer and not by the Iustices of Peace Offences of Omission CHAP. 6. 1. THe third sort of fineable offences are omissions Omissions in officers and others in not doing and performing such things as by the Lawes of the Kingdome they ought to doe for as the Lawes prohibit the doing of such things as are unlawfull so likewise they command the doing and performing of other duties which are for the preservation of the peace and good governement of the Common-wealth and therefore if Constables In Constables shall not set forth nor levie Huy and Cry after Felons and Traytors upon notice to them given this is a grievous offence of omission tending greatly to the prejudice of the Common-wealth and by the statute of 13. Ed. 1. ca. 1. 2. called the statute of Winchester to be punished by a great Fyne and imprisonment 2. If Constables shall bee negligent in the apprehending and punishing of Rogues Vagabonds and sturdy beggars and others that begge without licence or having Licences begge out of the limits appointed for them to begge in Such Constables for their neglects by a statute made 33. H. 8. cap. 13. in Ireland are to be punished by Fyne and imprisonment 3. If Constables shall be negligent in appointing the watch in every Towne by a statute made in 5. Ed. 4. cap. 5. in Ireland they are to be punished by a Fyne of three pence for every time that they shall faile in this particular 4. If Constables shall not doe their best endeavour to part an Affray and to see the Kings peace preserved and to apprehend the offendors and bring them before a Iustice of peace this is a neglect of their dutie and punishable at the common Law by fyne and imprisonment 5. If Constables shall not make search for idle and suspected persons and common gamesters that live idly and expensively having no meanes to maintaine themselves and bring them before a Iustice of peace this neglect is a misdemeanor at the common law and punishable by fyne and imprisonment 6. If Constables shall neglect or refuse to apprehend Felons or Traitors or to make search for them upon request or notice given them this is likewise a misdemeanor at the common law and punishable by fyne and imprisonment 7. If Constables or any other officers Neglect of officers others or ministers of Iustice shall refuse or neglect to execute the warrants of any Iustice of peace to them or any of them directed this is likewise a misdemeanor at the Common law and punishable by fyne and imprisonment 8. If any person or persons shall refuse to follow Huy and Cry after Felons and Traytors at the Constables command by the Statute of Winchester made Anno 10. Edw. 1. cap. 1. 2. they are to be punished by fine and imprisonment 9. If any person or persons shall refuse to assist the Constable to make search for and to apprehend Felons or Traytors or other suspected persons or to convey prisoners to the gaole or before a Iustice of the peace this is a misdemeanor at the Common Law and punishable by Fine and imprisonment 10. If any person shall refuse or neglect to keepe the watch when he shall be required by the Constable this is likewise a misdemeanor at the common law and punishable by fine and imprisonment Neglect of Towneships 11. If any Towneship shall permit and suffer sturdy beggers Rogues or Vagabonds to abide in or passe through their towneship without punishment or other impotent beggers which begge without licence The Towneship is to be punished in manner following viz. To be fined for every impotent begger 3 s.4.d and for every sturdy begger Rogue or Vagabond 6. s. 8. d. and this by the statute of 33. H. 8. ca. 15. in Ireland 12. Every Towneship ought to have stockes for the punishment of Rogues Vagabonds and sturdy beggers and likewise for the safe keeping of breakers of the peace and other malefactors untill they can conveniently be brought before a Iustice of the peace And also common and overt pounds wherein distresses are to be impounded and such towneships as shall want such stockes and common pounds are to be punished by fine at the discretion of the Iustice of peace 13. If any servant artificer or labourer Servants Labourers and Artificers shall refuse to worke or labour at the wages rated by the Iustice of peace or shall take more wages then according to the rates published by the said Iustices by the stat of 33. H. 8. cap. 9. in Ireland they are to be punished in manner following viz. To forfeit so much as they take above the rates and imprisonment at the discretion of the Iustices of Peace 14. All such as are idlers and will not labour at all and yet have nothing to maintaine themselves are to be enquired of presented and to be punished by the Common law by fine and imprisonment untill they finde sureties to labour or for the good behaviour at the discretion of the Iustice of peace 15. All defects of Bridges Defects of Bridges c. causeys and high-wayes are to bee presented in the generall Sessions of the peace and all such as ought to repaire the same whether it be the whole countie one or more Barronies Parishes or any one person in particular they are to be fined for their neglect herein by the common
seemeth by M. Marrow and by the old precedents these are the ordinary processe upon all Endictments not sounding in felony or greater offences whether they be of Trespasse against the peace or of contempts against penall Lawes unlesse it be otherwise specially provided by those same statutes whereupon such Endictments be altogether grounded And of this sort these be 14. The statutes of Labourers 23. H. 6. ca. 13. gave after the Endictments grounded thereupon an attachment Capias and Exigent Fitz. Na. Br. fo 〈◊〉 b. 15. But if the Endictment be in one County and the Endictee be named to be then or nuper dwelling in any other County there is a speciall course of processe in that behalfe for his benefit appointed by the stat 8. H. 6. ca. 10. both for Treason Felony and Trespasse 16. For before any Exigent shall be awarded one Capias must be sent out and returned Lamb. li. 4. pag. 525. and then a second Capias shall goe into the County where he is supposed in the Endictment to be or to have beene conversant returneable before the same Iustices of the peace before whom the Endictment was taken three moneths at the least after the date thereof for all Counties be now holden from moneth to moneth by which last writ the Sheriffe shall be commanded to take the Endictee if he may be found within his Bailiwicke and if not then to make Proclamation in two Countyes before the returne of that writ that the Endictee shall appeare before the said Iustices of the said County where the Endictment was taken at the day contained in the last Capias to answere to his offence at which day if he come not then the Exigent shall be awarded against him and otherwise not 17. And by the equity of this statute of 8. H. 6. ca. 10. Lamb. li. 4. pag. 526. saith Master Marr. if the Endictee be imprisoned in another County the Iustices of peace may award an habeas corpus to remove him before them 18. But if it be mentioned in the Endictment that the Endictee is dwelling in another County Ibid. by the Alias dictus onely then it is out of the case of that statute 8. H. 6. because the Alias dictus is not to be traversed 1. Ed. 4. 1. 19. But yet you must presuppose that all this processe of outlary may be stayed by a Supersedeas Supersedeas to stay processe And Master Fitz. in his N.B.f. 137. hath the case that if an Exigent goe out upon an Endictment of Trespasse found before Iust of the peace the party may finde sureties in the Chancery body for body to appeare at the day of the writ and may then also have a Supersedeas from thence to the Sheriffe commanding him to forbeare to take him and to let him goe if he then have already taken him for that cause And againe you may see in the new booke of Entries fol. 546. the processe upon such an Endictment stayed by a Supersedeas issuing from one Iustice of the peace alone and testifying that the party came before him and found surety de fyne assidendo But as I beleeve the former so will I not perswade the practice of the latter because I thinke it not in the lawfull power of any one Iustice of the peace to award any such warrant but that it must be done by two Iustices at the least the one being of the Quorum also as the Comission now standeth 20. I have yet to speake of processe upon Endictments of Felonies Processe upon Endictments of Treasons and felonies c. wherein I will bee short that I may passe over to other things 21. It seemeth by Master Marr. that the processe at the common Law upon Endictments of felony was but one Capias and then the Exigent For so it was upon an Endictment of death Lib. Ass 22. pl. 81. Stamf. 67. But the old presidents grounding themselves upon the statute 25. Ed. 3. ca. 14. doe use the mention of two writs of Capias before the Exigent For that statute provideth that after returne of non est inventus upon the first Capias another Capias shall be incontinently awarded where by the Sheriffe shall be commanded to seise the Cattels of the Endictee and safely to keepe them till the day of the Capias returned and if he then also returne non est inventus and the Endictee commeth not in the Exigent shall be awarded and the cattell shal be forfeited but if he come and yeeld him to be taken before the returne of the second Capias then the goods and Chattels shall be saved unto him Processe into forrein shires 22. And here also the Iust of P. have power to send into a forrein County for whereas by the common Law no man could be attached upon an Endictment or utlary of felony but only in the County wherein he was endicted or outlawed whereby many evill men were much encouraged the statute 5. Ed. 3. ca. 11. did take order that Iust assigned to heare and determine felonies might direct their writs to any County in England to take such Endictees whithersoever they were removed 23. On the other side if the Endictment be found in one County and the Endictee is therein named to be then dwelling in another County I have told you already in this chapter what processe belongeth to it and therefore I will proceed to Processe upon informations 24. The power of proceeding and making processe upon Informations Processe upon Informations proceedeth from speciall statutes and may not therefore vary from their direction although they themselves doe vary greatly one from another 25. For upon an Information given for the King before Iustices of the peace upon the statute of Liveries Liveries made 8. Ed 4. ca. 2. they shall award such processe as is made upon an Originall writ of Trespasse done against the Kings peace because the Information it selfe is by force of that statute in stead of an originall writ and likewise upon all other Informations the processe must be as the statutes whereupon they are grounded doe direct Of hearing upon Confession CHAP. 11. 1. THe party being thus brought in or otherwise yeelding himselfe to answere Iustice requireth that he be heard to speake for himselfe and therefore he may as his case will serve either confesse or deny the offence wherewith he is burdened 2. And this confession is of two sorts free or forced and that former is of two kinds also absolute or after a manner 3. In the free and open or absolute Confession Free Confession he taketh the fault upon him and yeeldeth himselfe simply to such paine as the Court will inflict for it 4. And this free confession is of great force in the Law for if it be upon an Endictment of Battery and after such confession had for the King the party beaten will also bring his action of Trespasse for his owne damage then shall the defendant
sometimes upon Traverse and sometimes upon Arraignement 4. But yet some things be common to them both for if the partie charged will demurre in law upon the Evidence the Iustices ought to record his demurrer so if he will plead in justification any matter of Record that is before other Iustices they ought to give him day to bring it in Marr. So also if the Iustices thinking an Endictment to be void have discharged the prisoner paying his Fees yet upon change of their opinion they may stay him againe at any time before Iudgement Fitzh Endict 27. 5. But if he plead a pardon before them in which certaine persons be excepted and the Kings Atturney is not present to joyne issue that he which pleadeth it is one of those that be excepted then they themselves may supply the office of the Atturney in that behalfe 8. E. 4. 7. The Kings advantage 6. Whereupon also I gather this generall learning that they ought not to suffer the King to be disadvantaged where it lyeth lawfully in their power to prevent it 7. And if an Endictment bee challenged for such cause as these Iust will not allow then may they seale a Bill of that exception for the party if he will write and require it according to the statute W. 2. ca. 30. as M. Marr. writeth 8. The Traverse tooke the name of the French de Traverses which is none other then de transverso in Latine signifying on the other side because as the Endictment on the one side chargeth the partie so he on the other side commeth in to discharge himselfe For whereas the arraignement proceedeth upon him that is unwillingly brought in by Processe the Traverse is for the most part freely tendred by the party himselfe 9. To Traverse Traverse an Indictment then is to take issue upon the chiefe matter thereof which is none other to say then to make contradiction or to deny the point of the Indictment As in a presentment against A. for a high way overflowne with water for default of scowring a ditch which he and they whose estate hee hath in certaine land there have used to scowre or clense A. may traverse either the matter viz. that there is no high-way there or that the ditch is sufficiently scowred or otherwise he may traverse the cause viz. that he hath not that land c. or that he and they whose estate c. have not used to scowre the ditch 5. H. 7. 3. 10. And this libertie of Traverse is commonly restrayned to an Endictment of Trespasses contempts Riots c. and other inferiour offences within the Commission or statutes authorising the Iustices of peace and is not usually extended to Treasons or felonies as you shall hereafter see 11. And there is no doubt but that as Iustices of the peace have power to award Processe the parties also have libertie to speake for themselves and having spoken the Iustices may heare and determine of their speech whether it touch them in Freehold or otherwise 12. For although it be holden 2. R. 3. 11. 19. H. 8. 11. Fitz. tit Ass 442. and in other bookes that a man shall not be received to traverse a presentment unlesse it doe charge him in his Freehold yet Hussey and Fairefax said in 5. H. 7. 4. that a presentment not concerning freehold which is found before Iustices of the peace may be traversed For if processe be awarded the partie may come in and offer his Traverse or otherwise the processe should bee in vaine 13. Hereunto agreeth Moubray 41. Ed. 3. 26. saying further that in a Leet such a presentment is not traversable because out of a Leet no processe can be awarded upon it And this peradventure is the reason of the booke 8. Ed. 4. 5. and of M. Marrow where they say that a presentment of bloodshed found in the Sheriffes Turne and sent as it ought to be to the Iustices of the peace cannot be traversed before them as whereupon they can neither make proces nor discharge the party by way of plea. 14. So that this seemeth to be a generall learning that wheresoever any processe ad respondendum goeth out by force of such an Indictment as is traversable there also the party may offer and ought to have his Traverse against it 15. But Marr. saith that if a man be of an Enquest that indicted him of Trespasse or such like so that upon the matter hee indicted himselfe this is so strong that hee shall never bee received to traverse it 16. It is not my meaning to pester this booke with Presidents But yet forasmuch as in the record of one Traverse there is at once discovered the Stile of the Sessions the Indictment the processe to answer the Traverse it selfe the verdict and Iudgement thereupon the processe of execution the yeelding of the parties and the assessement of their Fynes so that it alone may serve in stead of all I trust it shall not be troublesome to insert it and it is as followeth Alias scilicet ad sessionem pacis tentam apud Kilmainham in Comitatu praedict dic Martis proxime ante festum sancti Mathaei Apostoli Co. Dublin Stile of the Sessions Anno Regni Domini nostri Caroli Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. decimo tertio coram R. B. S.M. alijs socijs suis Iusticiarijs dicti domini regis ad pacem in comitatu praedicto conservandam Nec non ad diversa felonias transgressiones alia malefacta in eodem Comitatu perpetrata audiend terminand assignatis per sacramentum xij Iuratorum extitit praesentatum quod I. L. de c. R.M. de c. T.L. de c. cum diversis alijs ignotis malefactoribus pacis dicti Domini regis perturbatoribus modo guerino arraiati uniti assemblati xx die Iulij in nocte ejusdem diei anno c. vi armis videlicet baculis gladijs clipeis pugionibus falcastris alijs armis tam invasivis quam defensivis apud C. c. clausum cujusdam W. Willet vocatum B. illicitè riotosè routosè fregerunt intraverunt octo palustra foeni ad valentiam c. adtunc ibidem existentia de bonis catallis dicti W. Willet adtunc ibidem injustè et illicitè ceperunt et asportaverunt contra pacem dicti Domini Regis c. contra formam statuti inde edit provis Processe to answer Per quod praeceptum fuit vicecomiti quod non omitteret c. quin venire faceret eos ad respondendum c. posteaque sci praed die Martis proxime antefestum S. Mathaei Apostoli anno 20. supradicto coram praefat Iustic venerunt praedicti I.L. R.M. T.L. in proprijs personis suis et habito auditu indictamenti praedicti seperatim dicunt quod ipsi non sunt inde culpabiles Traverse Et de
were not Iust of P. also in the same shire so as the indictment may be understood to be taken by them as before Iustices of the peace for their Commission and authority extendeth only to such as stand endicted before themselves or before former Iustices of the peace or the Sheriffe in his Turne Things peculiar to Iu. of the peace in the tryall of felonies 11. Thus farre of the first point touching the second it seemeth by Marr. and Fitz. fol. 16. that albeit two Iustices of the peace the one of them being of the Quorum may in the County of Dublin heare and try felonies yet no Iustices of the peace have authority to deliver felons by Proclamation without sufficient acquittall nor yet to deliver such as be in prison for suspition of felony unlesse there be in the Commission a speciall clause ad gaolam deliberand c. as it is in the Commission for the County of Dublin 12. For they must proceed by inquiring hearing and determining as their Commission appointeth them and not rid the gaole otherwise as the Iustices of Gaole delivery may doe And therefore such persons if they cannot be indicted must either remaine the comming of the Iustices of Gaole delivery or else being removed into the Kings Bench they are either to be delivered thence upon the writ de gestu et fama as the old order was or by such other meanes as they at this day doe use therein 13. These Iustices of peace can take no Appeale of any approver nor other before them 2. H. 4. 19. and so it is cleerely holden 9. H. 4. 1. because their Commission stretcheth not so farre but onely to such felonies as fall out by enquiry before themselves or their former fellow Iustices howsoever the booke in 44. Ed. 3. 44. upon the statute 5. Ed. 3. ca. 11. or the statute 8. H. 6. ca. 10. may seeme to a running Reader to allow that power unto them and therefore Master Stamford fol. 95. doubteth of it 14. But howsoever that be yet seemeth it to me no lesse reasonable then serviceable that if one felon will accuse another before Iust of the peace they may take his confession and reprive him and thereupon cause the other to be inquired of and so proceed against him by way of Indictment 15. Furthermore they cannot arraigne a man upon his abjuration saith Marr. 16. It hath also beene thought unmeet that they should try a felon the same day in which they awarded the venire facias against the Iury. 22. Ed. 4. 44. Fitz. Coron tit 44. but that hath no necessity and the Law is now otherwise taken 17. Marr. saith that they cannot award the writ of venire facias tot matrones to try whether a woman arraigned before them be with child or no but seeing it standeth with Law and reason to stay her for the time that the child may be preserved It must of necessity follow that this opinion of Marrow is against the Law 18. They may give Clergy to a felon if the Ordinary or his Deputy be present to take him but if they be absent he must be reprived because as Mar. saith these Iustices can set no Fyne upon the ordinary for his absence no more then if he will accept one to read as a Clerke where in truth he cannot read at all but if you looke upon Master Stamford lib. 2. ca. 25. he will perswade you that the Ordinary is not the Iudge but a Minister in the tryall of Clergy and that Clergy may lawfully be given and allowed in his absence 19. Of the Fyne for his default at these Sessions Lamb li. 4. pag. 55â— I am a litle doubtfull as I have said before but touching the allowance of Clergy to the offendor I see no cause at all why it may not belong to the Iust of peace aswell as to other Iudges seeing that they be Iudges of the felony as other Iust are 20. Mar. saith also that if Bigamy had been alledged against one that prayed his Clergy the Iust of P. could not have written to the Ordinary to certifie the same but this opinion seemeth to be no Law for where Iustices have power to heare and determine of congruity they have power to doe all things necessary to bring the cause to an end 21. And if a man outlawed of felony by processe before the Iustices of peace be brought before them and doe alledge that he was at the time of the utlary pronounced out of the Realme in the Kings service under such a Captaine or that he was then imprisoded in another County they can neither write to the Captaine nor into the County by the opinion of Mar. 22. Thus much only of things restraining the Iustices of peace in the tryall of Felonies wherein they are not in Ireland at all occupied saving onely in the County of Dublin but the gaole delivery is wholly left to the Iustices of Assize 23. These things thus premised Let us now suppose all impediments to be removed and set we the felon at the barre ready to take whatsoever lawfull advantage of Challenge plea or other benefit that may be allowed unto him 24. It was ever permitted Challenge that the prisoner might challenge so many of the Iury as he would shewing lawfull cause for it as namely to say that he whom he challengeth was one of the Iury which did indict him for such a one it may be thought he will not falsifie his former oath 25. Ed. 3. cap. 3. or to say that he hath not lands of the cleere yearely value of xl.s. for such a one is disabled 2. H. 5. ca. 3. or to say that hee is not probus or legalis because he hath beene attainted of felony forgery perjury or of such like as are shewed before 11. Caroli ca. 9. in Ireland 25. The common Law hath also in favour of life allowed unto the prisoner his peremptory challenge without shewing any cause at all for it But yet forasmuch as it was long time doubtfull how many he might challenge the same is now put into certainety by the statute 11. Caroli ca. 9. and restrained to the number of xx persons at the most 26. Now if the tryall be of an Alien borne for felony or murder committed by him the Iury shall be de medietare lingua that is halfe of our Nation and halfe of strangers except it be in the case of a Scot whose Iury shall be altogether English aswell because he speaketh one language as also for that he is reputed a subject and not an Alien Collection Dyer 304. 357. 27. Thus shortly of challenge which is but dilatory and to win time and therefore let us now heare what he may plead in chiefe as it were and for the safety of his life Another time acquit 28. And if the prisoner have beene at any time before lawfully acquited of the selfe same felony or have beene orderly attainted of any other
these and such other cases where they cannot of themselves proceed they ought to send the Records to such as have authority to determine upon them and otherwise they doe not discharge that duty which the words Salvis c. alijs ad nos indespectantibus in the Commission doe seeme to expect at their hands 6. Touching the Certiorari it is of force if it be made accordingly to remove not only Endictments or other executory Records wherein the Iustices of peace can goe no further and whereof I have spoken already but also the Records of causes fully and lawfully heard and determined by them to the end that they may be reversed and annulled in the Kings Bench if good matter and cause doe require it 7. For that preheminence hath the Kings Bench and all other the higher Courts to write to the Iustices of peace to certifie their Records that doe make for the tryall of causes hanging in them as you may read in 19. H. 6. 19. where the Iustices of the common place did send to the Iustices of peace for an Endictment because in a writ of conspiracy brought before them it was materiall to have it 8. And yet they of the common place doe not use to write for Endictments or such other Records unlesse they be thereunto induced by cause hanging in their owne Courts before them For otherwise the right way to remove them is by Certiorari out of the Chancery from whence they may be transferred by Mirtimus to any other Court 41. li. Ass pl. 2. per Knyvet chiefe Iustice Matters by severall Statutes specially appointed to be done and executed in the Quarter Sessions CHAP. 20. 1. VVEe have hitherto laboured and run over such things as are common to all generall Sessions of the peace and yet because there be certaine matters that are by severall statutes specially appropriated some to any and others to some one of the quarter Sessions it will not be amisse to set forth what Sessions is and ought to be called a quarter-Sessions 2. Every quarter Sessions is a generall Sessions of the peace and is styled generalis sessio pacis but other Sessions which are held upon speciall occasions although all the articles inquirable in the Sessions of the peace be given in charge are not quarter-Sessions nor to be styled generalis sessio pacis but only Sessio pacis c. 3. This quarter-Sessions is so called because it is holden quarterly viz. foure times in the yeare and the stat of 4. H. 7. cap. 12. calleth these foure quarter-Sessions principall Sessions for that in them chiefely the whole power and authority of the Iustices of peace doth shine and shew it selfe more then in other Sessions 4. These quarter-Sessions have beene appointed by severall statutes to be holden quarterly and at speciall times and therefore it will not be amisse for our better instruction to peruse such statutes as doe either in deed or in shew concerne this point 5. The stat of 25. Ed. 3. cap. 8. ordaineth That the Iustices of peace make their Sessions in all the Counties of England at the least foure times in the yeare viz. at the Feasts of the Annunciation of our Lady Saint Margaret S. Michael and S. Nicholas and also at all times that shall be needfull according to the discretion of the same Iustices 6. But this ordinance was altered as to the times by the Stat. of 36. Ed. 3. cap. 12. which ordaineth that in the Commission of the peace shall be contained that the Iustices of peace shall hold their Sessions foure times in the yeare viz. one within the Vtas of the Epiphanie the second within the second weeke of Lent the third betweene the Feasts of Pentecost and Saint Iohn Baptist and the fourth within eight dayes next after Michaelmas 7. But this is againe altered as to the times by the stat of 12. R. 2. cap. 10. which hath ordained that the Iustices of peace should hold their Sessions once in every Quarter of the yeare at the least without expressing any certaine time and hereupon as I conceive it gained the name of the Quarter-Sessions and ever sithence hath been so called For before this statute although foure Sessions were to be held yearely yet the same were not quarterly 8. But after this in Anno secundo H. 5. cap. 4. there was another stat made whereby it is ordained that the Iustices of the peace in every Shire named of the Quorum be resiant within the same Shire except Lords named in the Commission of the peace and also except the Iustices of the one Bench and of the other the chiefe Baron of the Exchequer Serjeants at Law and the Kings Attourney for the time that the same Iustices Chiefe Baron Serjeants at the Law and the Kings Attourney be attending and occupied in the Kings Courts or otherwise in some other place occupied in the Kings service and also make their Sessions foure times by the yeare that is to say in the first weeke after the Feast of S. Michael the first weeke after the Epiphanie the first weeke after Easter weeke and in the first weeke after the Translation of Saint Thomas the Martyr which is the third of Iuly and more often if need be 9. Now there are divers offences which by severall statutes are inquirable and some other things are to be done by the Iustices of peace for the well ordering of the Common-wealth only at the Quarter-Sessions because the Statutes themselves doe appoint the Quarter Sessions for the enquiring and doing of the same 10. The Statutes which doe appropriate divers matters to the Quarter Sessions or to some one of them are these that follow viz. 11. By the Stat. of 1. H. 7. cap. 7. unlawfull hunting in forrests parks and warrens with painted faces vizzards or otherwise disguised is to bee punished by Fyne to bee assessed at the next generall Sessions of the peace which is to be intended of the quarter Sessions which were publiquely knowne and not of any Sessions held upon speciall occasion 12. So likewise by the Stat. of 11. Iac. cap. 7. in Ireland the defaults for not amending of high-wayes according to that stat are to be punished at the next Quarter-Sessions 13. So likewise perjurie and subornation of perjurie are by the stat of 28. Eliz. cap. 1. in Ireland to bee punished in the Quarter-Sessions 14. Also by the statute of 11. Caroli cap. 4. in Ireland the Iustices of peace or the more part of them may at any Quarter-Sessions give order for the erection of houses of Correction and for stockes of money and all other things necessary for the same and for the governement thereof and such houses of Correction are to be purchased conveyed or assured upon trust to such persons as by the Iustices of peace or the more part of them in their Quarter Sessions of the peace shall bee thought fit and such Iustices may at their Quarter Sessions of the peace next after
same 2. 2. Counterfeiting of forraigne coyne not currant in this Kingdome 3. 3. The uttering of false money made within this kingdome knowing it to bee false and counterfeit 1. The punishment of these Misprisions of Treason is forfeiture of goods chattels and the profits of lands during the life of the offendor and perpetuall imprisonment 2. 3. Secondly of Felony viz.   1. Concealing of any felony and not revealing it to some magistrate speedily after notice had of it 1. The punishment of Misprision of felony is by fyne and ransome and imprisonment at the discretion of the Iudge Thirdly other Misprisions viz.   1. Offering to strike any Iustice sitting in Iudgement 1. The punishment for offering to strike a Iustice sitting in Iudgement or a Iuror in presence of the Iustice is forfeiture of lands goods and Chattels losse of his right hand and perpetuall imprisonment 2. Striking a Iuror in presence of the Iustices 2. 3. Striking of a Knight or man of honor by any person of meane quality 3. The punishment of striking of a Knight c. by one of meane qualitie in ancient time was the losse of his hand but now it is used to be but fyne and imprisonment and bonds of the good behaviour 4. Rescuing of a prisoner arrested by any of the Kings Iustices sitting in Iudgement 4. Rescuing of a prisoner arrested by a Iustice is forfeiture of lands goods and chattels and perpetuall imprisonment Fourthly of Praemuniries which be of two sorts viz. the one the extolling of forraigne Iurisdiction the other for prosecuting of causes in the Ecclesiasticall Courts which are meere lay causes c.   1. Exercising of forraigne authoritie or Iurisdiction in causes Ecclesiasticall The punishment of all these offences of Praemunire is forfeiture of lands goods chattels and perpetuall imprisonment 2. Maintaining or publishing by word or writing that the Bishop of Rome hath or ought to have any authority or Iurisdiction within the Kings Dominions the second offence is a Praemunire  The punishment of all these offences of Praemunire is forfeiture of lands goods chattels and perpetuall imprisonment 3. The purchasing of any provision Bull or other processe from the Court of Rome  4. The obeying of any such processe procured from the Court of Rome 5. The prosecuting of any lay cause in any Ecclesiasticall court which originally belongeth to the Kings temporall Courts Fifthly Finable Offences which are either of 1. Force 2. Fraud 3. Omission or 4. Other abuses   First Finable offences of Force viz. 1. Riots Routs and unlawfull assemblies 1 For great Riots a great Fyne and a yeares imprisonment at the least For small Riots Routs and unlawfull assemblies besides the Fine imprisonment in discretion 13. H. 4. cap. 7. 2. Forcible Entries and forcible detainers 2 Fyne ransome and imprisonment and restitution of possession 15. R. 2. ca. 2. 8. H. 6. ca. 9. 10. Caroli ca. 16. 3. Assaults Batteries bloodsheds Maihems and all other Trespasses in lands and wrongfull taking of goods 3 Fyne and imprisonment at the discretion of the Iudge 4. Rescuing of distresses and pound breaches 4 Fine and imprisonment at the discretion of the Iudge 5. Riding or going armed in terrorem populi 5 Imprisonment and forfeiture of the Armour 2. E. 3. c. 3. 7. R. 2. ca. 13. 20. R. 2. ca. 1. 6. Lying in waite to kill or maihem 6 Fine and imprisonment and bonds of the good behaviour Secondly Offences of fraud and deceit viz.   1. Extortions and oppressions by officers in taking more Fees then are due or in exacting Fees where none are due 1 Fyne and imprisonment during pleasure 2. Extortions and oppressions in Land-lords and their servants in exacting of an Irish pretended duty called Loghtavy upon their Tenants 2 The like punishment 3. Escheators taking above xl.s. for an office 3 To forfeit 40.l 27. H. 6. ca. 17. 4. Sheriffes undersheriffes and their Clerkes entring of plaints in the County Court without notice of the plaintiffe or dividing one contract or Trespasse into severall plaints 4 Fyne and imprisonment 5. Sheriffes levying the Kings debt without shewing the party the Estreats under the seale of the Exchequer 5 Fyne to the King treble damage to the partie 42. E. 3. ca. 9. 7. H. 4. ca. 3. 6. Sheriffes or Gaolers that have denied to receive felons or that take any thing for the receiving of them 6 Fyne and imprisonment 4. E. 3. ca. 10. 7. Coroners that exact more Fees for taking an Inquisition upon the view of a body murdred or killed then 13. s. 4. d. which is to be paid of the goods of the offendour or of the Towneship where the offence was committed in the day time if the offendor have escaped 7 Forfeiture of 5.l 3. H. 7. ca. 1. 8. Ordnaries or their officers which take more Fees for the probate of Testaments granting of letters of administration then is appointed for them to take by the statute in that case provided 8 Forfeiture of 10. l. 28. H. 8. cap. 18. in Hibernia 9. Clerkes of the peace that take above 12. d. for the enrolling of a bargaine and sale where the land doth not exceed xl.s. per annum and where it exceedeth that summe 2 s 6.d 9 Fyne and imprisonment 10. Caroli cap. 1. in Ireland 10. Clerke of the Market that taketh any bribe to dispence with offences or tarryeth any longer in the countrey then the necessity of the businesse requireth 10 Fyne and imprisonment 11. Mayors and chiefe officers of townes and corporations that take excessive Fees for scaling of measures waights 11 Forfeiture of 40 s 7. H. 7. c. 3. 12. Purveyors that take any Bribe to spare any man or take corn by any other measure then the striked bushell or take carriages without readie payment 12 Two yeares imprisonment treble damage and ransome 15. E. 3. cap. 1. 36. E. 3. c. 3. 1. H. 5. cap. 10. 13. Iurors that take any thing to make their presentments favourably 13 Imprisonment and ransome 5. E. 3. c. 10. 34. E. 3. ca. 8. 38. E. 3. cap. 1. decies tantum and if he have not to pay a yeares imprisonment 14. If any have gotten into his possession any money or other goods by any false token or counterfeit letter 14 Great fyne and to be bound to the good behaviour 15. Packing of fish deceitfully and mixing small fish with the countable fish 15 Forfeiture for every vessell 6 s 8.d 22. E. 4. ca. 2. 16. Cowpers that make vessell for Beare or Ale of unseasonable Timber 16 Fyne and imprisonment 17. Millers that take Toll by the heape 17 Fyne and imprisonment 3. E. 1. p. Toll 2. 18. Maintenance of suits in Courts and quarrels in the Countrie and Champerties 18 Fyne and imprisonment 1. E. 3. ca. 14 1. R. 2. ca. 5. 19. Subornation of perjurie 19 Forfeiture of 40.l and if the offendor be not worth so
offence 3.l 6 s 8.d 28. H. 8. ca. 15. in Ireland 23. Incumbents not keeping Schooles in their parishes to teach English 23 To forfeite for the first time 6 s 8.d for the second 20 s and for the third time to loose their benefices 28. H. 8. ca. 15. in Ireland Fourthly Other abuses and enormities viz.   1. Prophaning of the Sabbath by keeping Faires and markets by manuall labour by playes and haunting Tavernes and Ale-houses upon the Sabbath day 1 Imprisonment and to bee bound to the good behaviour 2. Keeping of Fayres or Markets in Churches or Church-yards 2 Fyne and imprisonment 13. E. 1. Statute de Winton 3. Depraving the booke of Common prayer by words or by writing or using any other common prayer or administration of Sacraments then is prescribed in that booke 3 For the first offence the profits of all the offendors spirituall promotions and six months imprisonment for the second offence deprivation a yeares imprisonmēt for the third time imprisonment during life and deprivation in spiritual persons For lay persons for the first offence a yeares imprisonment for the second offence imprisonment during life 2. El. ca. 2. in Ireland 4. Disturbing the Minister in execution of his function according to that booke 4 To forfeit for the first offence 100. markes or six months imprisonment For the second offence 400. markes or 12. months imprisonment For the third offence all his goods and chattels and imprisonment during life 2. El. ca. 2. in Ireland 5. Cursing and swearing 5 For every time 12. d. 10. Caroli cap. 1. in Ireland 6. Common turbulent drunkards 6 Imprisonment Fyne and bonds for the good behaviour 7. Common Adulterers 7 Imprisonment and bonds for the good behaviour 8. Keepers of common Baudie-houses and such as frequent them 8 Imprisonment Fyne and Bonds for the good behaviour 9. Keepers of common gaming houses and common gamesters 9 Imprisonment Fyne and Bonds for the good behaviour 10. Alehouse-keepers that keepe misorder in their houses 10 Imprisonment Fyne and Bonds of the good behaviour 11. The killing of yong Spawne and Frie of Samon and Eeles 11 Forfeiture of 40 s and of the Nets and Engines 10. Caroli ca. 14. in Ireland 12. The taking away of yong women under the age of sixteene yeares or marrying of them without the consent of their parents or Tutors 12 Imprisonment by the space of two yeares and if the offendor shall marry her imprisonment by the space of five yeares 10. Caroli ca. 17. in Ireland 13. Plowing by the Taile and pulling the wooll off living sheepe 13 Fyne and imprisonment 11. Caroli ca. 15. in Ireland 14. Burning of Corne in the Straw 14 Fyne and imprisonment 11. Car. ca. 17. in Ireland 15. Coshering and idle wandring 15 Imprisonment and bonds of loyaltie or of the good behaviour at the discretion of the Iustices of Peace 11. Caroli ca. 16. in Ireland 16. Selling of Wine Ale or any other liquor within any Citty or Towne Franchised by measures not sealed 16 Forfeiture 10 s 28. H. 6. ca. 3. in Ireland 17. Wearing of Irish apparell and not using the English habite and language 17 For every Lord Spirituall and Temporall 6.l 13 s 4.d For every Knight and Squire 40 s For every Gentleman or Merchant 20 s For every Freeholder and yeoman 10 s For every Husbandman 6 s 8.d And for all others 3 s 4.d for every offence 28. H. 8. cap. 15. in Ireland 18. Leasing of Corne in harvest by such as are able to labour and permitting of it by the owners 18 For every time offending to loose the Corne and to forfeit 12.d and the owner of the field that willingly shall suffer such leazers to forfeit for every time 12.d 28. H. 8. ca. 24. in Ireland 19. Such as keepe Inmates in harvest that leaze Corne. 19 Forfeiture 6 s 8.d 28. H. 8. ca. 24. in Ireland 20. The rescuing of Swine kept upon any Strand where the Sea doth ebbe and flow from him that shall sease upon them as forfeit 20 Fyne and imprisonment 11. El. ca. 3. in Ireland 21. Laying of Hempe Flax or lymed Hydes in any fresh river 21 Forfeiture of the Hempe Flax Hydes or the treble value of the same 11. El. ca. 5. in Ireland 22. Stopping or straightning of any common way 22 Fyne and imprisonment 23. Stopping or diverting of any water-course whereby any common way or passage is annoyed 23 Fyne and imprisonment 24. Casting of dung or any other thing into any common street or way which doth in any sort annoy the passage 24 Fyne and imprisonment 25. The buying of Hydes Fels Chequers Flegs Yarne Linnen cloath wooll and Flocks by Gray Merchants to sell againe in any other place but in Market or Fayre 25 To be punished as a Forestaller vide supra Forestaller 33. H. 8. ca. 2. in Ireland 26. Sheriffes letting their Bailiwickes to Farme 26 Forfeiture 40.l 23. H. 6. ca. 10. 27. Sheriffes refusing to let men to baile that are baileable 27 To forfeit 40.l to the King and treble damage to the party 23. H. 6. ca. 10. 28. Sheriffes levying Fynes or amerciaments by reason of any indictment or presentment in his Turne Court without processe from the Iustices of peace or that have not brought in such presentments or indictments to the next generall Sessions of the Peace 28 To forfeit 40.l 1. E. 4. ca. 2. 29. Undersheriffes Bailiffes of liberties and others that take upon them to returne panels or Talles or medle with the execution of processe before they take the oath for the true execution of their offices according to the statute of 10. Caroli 29 To be fined to the King in 40.l and pay treble damages to the party grieved 10. Caroli ca. 18. in Ireland 30. Undersheriffes Bailiffes and others that doe any thing contrary to the said oath 30 Fyne to the King 40.l treble damages to the party grieved 10. Carol. ca. 18. in Ireland 31. Purveyors that take any thing of the value of 40 s or under without making ready payment 31 To forfeit the value to the partie and loose his office 2. H. 4. ca. 14. 32. Artificers Labourers or lay men that have not lands worth 40. s. per annum nor priests that have not 10.l per annum that shal keep any Greyhound or other Dog to hunt or use any Ferrets Nets or other Engines to kill Deere Hares or Conyes 32 A yeares imprisonment 13. R. 2. ca. 13. 33. Constables that have not given assistance to the owners of goods to resist Purveyors that take goods under the value of 40 s without paying for the same and any of the Kings officers that have procured any to be arrested or vexed for such resistance 33 Forfeit of 20.l by the officer of the King and the Constable the value of the thing and double damage to the party 20. H. 6. ca. 8. 34. If any man have raised Huy and Cry without cause or being raised upon good cause
Iudgement ut supra dictusque I.R. praedicto die c. anno c. praefatum I.A. in praemissis manutenuit in dicti Domini regis nunc contempt coronae suae exhaeredationem manifestam ac contra formam statut in hujusmodi casu edit provis 6. An Indictment of Praemunire for suing for Tithe of great Oakes in the Ecclesiasticall Court IUratores pro Dom. rege c. dicunt praesent quod A.B. Clericus Rector Ecclesiae parochialis de Dale in Com. praedicto subdole malitiosè machinans Dom. Regem nunc coronam suam Regiam exhaeredare die c. apud S. in Comit. praedicto quendam I.H. de L. in Com. praedicto yeoman in Curia Christianitatis viz. in Curia Lanceloti Archiepiscopi Dublinensis Primatis Hiberniae prosecutus fuit implacitavit de eo quod idem I. H. redderet eidem A.B. Rectori Ecclesiae parochialis de Dale in Com. praed decimas de grossis arboribus ipsius I.H. apud D. in parochia praedicta tunc crescentibus per nomen hujus vetbi silva caduae viz. centum quercus de aetate quinquaginta annor amplius sexaginta quercus de aetate centum annor centum quercus de aetate triginta annor ducent quercus de aetate viginti annor ampliùs ante successionem earund existen praedictus A.B. praedict I.B. ea occasione quarto die Iulij tunc proximè sequen apud S. praed per quendam T.B. citari fecit ad comparend respondend super praemissis in Curia Christianitatis praed Archiepiscopi coram W. B. Officiali ejusdem Archiepiscopi in Ecclesia S. Patricij in Comitatu Dublin 26. die Iulij tunc proximè sequen diversas sententias in ipsum I.H. tunc ibidem occasione praemissa fulminari contra ipsum adjudicari fecit in dicti dom Regis nunc contemptum praejudicium ac coronae suae regiae exhaeredationis periculum manifest ac contra formam statuti in hujusmodi casu edit provis Iudgement 〈◊〉 supra 7. An Indict of Praemunire for extolling of forraigne Authoritie IVratores c. quod cum A.B. de C. in Com. D. Clericus ad generalem Sessionem pacis tent apud K. in Com. P. die c. anno c. coram I.H. L.M. I.K. adtunc Iusticiarijs dom Regis ad pacem in Com. praed conservand necnon ad divers felonias transgressiones alia malefacta audiend et terminand assignat indictatus convict fuerit de eo quod ipse idem A.B. die c. anno c. apud D. in Com. praed scientèr confideratè malitiosè directè palam in praesentia multor dicti dom regis nunc subditor affirmavit defendit authoritatem Papae Romani Ecclesiasticam in hoc regno Hiberniae antea usurpat hijs expressis verbis Anglicanis sequentibus viz. I sweare by the blessed Masse and will avow that our holy father the Pope of Rome is the supreme head of the Church of Ireland idem tamen A.B. post convictionem praedict scil die c. anno c. apud D. in Com. praed praedicta verba Anglicana in praesentia multor dicti Domini Regis subditor scienter malitiosè directè palam publicè iterum affirmavit defendit authoritatem Papae Romani Ecclesiasticam in hoc regno Hiberniae antea usurpat hijs expressis verbis Anglicanis viz. The Pope of Rome is the supreme head of the Church of Ireland and ought to haue Ecclesiasticall Iurisdiction throughout all Ireland Iudgement ut supra in magnam derogationem regiae Authoritatis praerogativae dicti Domini Regis nunc ac contra coron dignitat suas contra formā statut in hujusmodi casu edit provis 5. Fyneable offences of severall sorts viz. of 1. Force and violence 2. Fraud and Deceipt 3. Omissions in officers and others 4. Other abuses and misdemeanors tending to the prejudice of the Common-wealth c. 1. Of Force as Riots c. 1. An Indictment of Riot for a riotous affray at the Quarter-Sessions of the peace IUratores praesentant pro Dom. Rege c. quòd 8. die Octobris Anno regni dicti domini nostri Caroli Dei gratia Angliae Scotiae Franciae Hiberniae Regis fidei defensor c. 13o. apud M. in Cō praed tempore generalis Sessionis pacis pro dicto Comitatu tunc ibidem tentae coram H.C. milite socijs suis Iusticiarijs dicti domini Regis ad pacem in dicto Comitatu conservandam assignatis tunc ibidem existentibus in plena Curia sedentibus quidam A. B. C. D. E.F.G.H. I.K. de S. in Comit. praedicto generosi aggregatis sibi nonnullis alijs pacis dicti Dom. regis perturbatoribus ignotis ad numerum xx hominum vi armis viz. Iudgement a great fine ◠yeares imprisonment at the least and bonds of the good behaviour if the Iustices see cause gladijs pugionibus armati illicitè routosè riotosè sese assemblaverunt ac inter se insultum affraiam maximam tunc ibidem fecerunt sese invicem verberantes vulnerant in magnum terror tam dictorum Iusticiariorum tunc ibidem in Curia sedentium quam totius populi dicti domini nostri Reg. ad dictam Sessionem pacis tunc ibidem convenientium ac contra pacem coronam dignitatem dicti Domini Regis nostri c. 2. For a Riot in a Parke upon the Keeper of the Parke and his servant and for hurting the Keepers servant with an Arrow INquirat pro dom rege fi E.P. c. H.P. c. R.B. c. aggregat c. riotosè routosè modo novae insurrectionis in conventiculis illicitis modo guerrino arraiat vi armis viz. c. 30. die c. anno c. apud H. in Com. E. praed in clausum parcum E. P. viduae ibidem sese illicitè riotosè routosè assemblaver congregaver univer ad pacem dicti dom reg disturb adtunc ibidem in quend A.D. gen custod parci praed in I.B. famulum ipsius A. in pace Dei dicti Dom. reg existen insult fecer praedictus E.P. unam sagittam è quodam arcu tenso quem idem E. P. in manibus suis adtunc ibidem habuit tenuit sagittavit eund I.B. cum sagitta praedicta in pectore suo percussit dans eid I.B. unam plagam profundit dimid pollicis latitud unius pollicis ita quod de vita sua desperabatur Iudgement ut supra alia enor eis intuler ad grave damnum ipsorum A. I. contra pacem dicti domini Regis contra formam statut in hujusmod casu edit provis 3. For a Riot in pulling downe of hedges and ditches INquiratur pro Domino Rege si I. R. nuper de B. in Comit. praedict yeoman R. A. nuper de
any evill intent happeneth to kill a man by the law of God there was a Citie of refuge appointed for such persons to flye unto Numb 35.15 22. Iosh 20.3 And by our law now this is no felony of death for he shall have his pardon of course for his life and lands but yet hee shall forfeit his goods in regard that a subject is killed by his meanes See Stamf. 16. a. b. Fitz. Coron 69. 302. 354. As if a Schoole-master in reasonable manner beating his scholler for correction only See Exod. 11. 20. 21. or a man correcting his child or servant in reasonable manner and the scholler Stamf. 12. c. childe or servant happen to dye thereof this is homicide by misadventure â—1 H. 7. 29. 6. E. 4. 7. 2. So if a man shooting at Buts prickes or other lawfull marke and by the shaking of his hand or otherwise against his will hee killeth one that standeth by Or if a Carpenter Mason or other person doth throw or let fall a stone Br. Coron 59. Tile or peice of Timber from an house or wood or other thing from a Cart c. and giveth warning thereof and another is killed thereby against his will Or if a labourer that is falling or cropping of a Tree 6. Ed. 4. 7. F. Coron 398. Plow 19. and the same or part thereof falleth and killeth a man Or if the head of his hatchet or other toole falleth from him and hapneth to kill one standing by Or if a man be in due and convenient time doing any other lawfull thing that may breed danger to such as passe by and shall give warning thereof so that such as passe by may heare and flie the perill and yet another passing that way shall be killed therewith 11. H. 7. 23. See Br. Coron 2 9. contra Or if men shall run at Tilt Iust or fight at Barriers together by the Kings commandement and one of them doth kill another In these former cases and the like it is homicide by misadventure and no felony of death 3. And yet in cases of misadventure as also where one killeth another Se defendendo by the common Law 21. E. 3. 17. Br. Coro 40. these offences were felony of death and the offendour should have dyed for the same But now by statute such offendors are to have pardon for their life and lands yet their goods remaine forfeit as before at the common Law See the stat 6. E. 1. c. 9. 2. E. 3. c. 2. 4. Also in these cases of misadventure Fitzh 246. c. 2. 8. â— Br. Cor. 1. ce fâ—at 6. E 9. 4. H. 7. f. 2. a. Regi fo 209. and in the former cases of homicide committed by Infants and other persons being Non compos mentis And also where one killeth another in defence of his person the ancient course was that they shall be discharged in this manner sc if they desire to purchase their pardon they must upon their tryall plead not guilty and shall give in Evidence the speciall matter and then this speciall matter being found by verdict they shall be bailed and then they must sue forth a Certiorari to have this record certified to the Lord Chancellor who thereupon shall make them a Charter of pardon of course under the great seale without speaking or sueing to the King for it See Stamf. 15. t. But now the usuall course is that without any Certiorari the Iustices of gaole delivery make a Certificate to the Lord Chancellor and thereupon the pardon is granted of course and in the case of Infants and Non compos mentis the Iudges receive a verdict of not guilty in which case there needeth no pardon neither is there any forfeiture of goods 5. But if a man be doing of an unlawfull Act Vnlawfull Act. though without any evill intent and he hapneth by chance to kill a man this is felony viz. Manslaughter at the least Stamf 6 c. if not murder in regard the thing he was doing was unlawfull As shooting of Arrowes Stamf. 12. c. or casting of stones into the high-way or other place whither men doe usually resort So of fighting at Barriers or running at Tilt or Iusts without the Kings commandement whereby a man is slaine And although it were by the Kings commandement yet it was holden felony by the Iustices Tempore H. 8. Br. Cor. 229. 6. Playing at hand-sword Bucklers foot-ball 11 H. 7. 2â— Crom. 26. b. 29. A. wrastling and the like where by one of them receiveth a hurt and dyeth thereof within the yeare and day in these cases some are of opinion that this is felony of death some others are of opinion that this is no felony of death but that they shall have their pardon of course as for misadventure for that such their play was by consent and againe there was neither former nor present intent to doe hurt nor any former malice but done onely for disport and tryall of manhood and this seemeth to be the better opinion 7. A man casteth a stone at a Bird or beast Fitz Coron 30â— 3â—4 and another man passing by is slaine therewith this is but manslaughter by misadventure And the opinion of Fineux chiefe Iustice in 11. H. 7. fol. 23. is that if a man cast a stone over a house and killeth a man See Numb 35. 23. Br. Cor. 229. this is no felony of death but misadventure but this is to be understood where there was no intention of hurt to any by casting thereof likewise some hold that to cast a stone for pleasure and not in lawfull labour whereby one is slaine Stamf. 12. c. 16. c. is felony of death and so was the opinion of Maister Bracton and Maister Stamford but I cannot conceive it to be any other then by misadventure when it is not done felleo animo Casuall death 8. Also a man may be slaine by other casualty than by the hands or meanes of another man as by the fall of a house or tree c. upon him or be killed by a Bull Beare or other beast c. or be killed by some fall which he himselfe taketh And in these and the like cases observe these rules 1. First if a man be slaine in any such manner yet if it be by the meanes or procurement or wilfull default of another man this shall be felony in the party procuring or causing it 2. The thing which is the cause of such casuall death shall be forfeit to the King as a Deodand and distributed in Almes by the Kings Almoner but the Almoner hath no interest as it seemeth in such goods but hath onely the disposition of the Kings Almes durante bene placito so that the King may grant them to any other See Co. 1. 50. Dyer 77. Flo. 260. 3. The forfeiture shall have relation from the stroke given so as the party or owner selling thereof sc of
restitution if hee shall continue a peaceable posses againe for three yeares together then it seemeth he may justifie the Deteiner of the posses thereof by force by vertue of the Proviso in the stat of 8. H. 6. 5. If a Disseisor hath continued his possession peaceably three yeares and after the disseisee doth reenter 23. H. 8. Br. force 22. or doth make his claime so neere as he dareth and then the disseisor reentreth againe or continueth his possession after such claime here the disseisor cannot justifie to hold the same with force Lit. 429. for by the reentry or claime of the disseisee the first disseisin and possession of the disseisor was determined and the disseisor is in of a new disseisin 6. Also if he that hath been a lawfull possessor of lands by the space of Twenty yeares together be once clearely and wholly removed from the possession of the same land hee cannot come with force or multitude to put himselfe in possession thereof againe and to detayne the same with force because his possession was once interrupted and if he be indicted upon the statute of 8. H. 6. for such Forceible Entry he shall not be relieved touching the restitution by the stat of 10. Carol. for that hee had not the occupation of the said lands nor had been in quiet possession thereof by the space of three yeares together next before the day of such indictment found How many severall remedies the party hath which forceibly is either put out or kept out of the possession of his houses or lands CHAP. 33. 1. FIrst the party so grieved having an estate for life Action upon the statute of 8. H. 6. 1. R. 2. ca. 9. 8. H. 6. ca. 9. F. N. B. 348. c. c. 249. 2. co 10. 115. in Taile or Fee may have his Assise or action of trespasse of Forceible Entry upon the statute of 8. H. 6. against such disseisor and therein if the defendant be attainted of force he shall fyne to the King and also answere to the plaintiffe his treble damages and treble Costs of suit and also the plaintiffe shall thereupon have a writ of restitution to restore him to his former estate 2. But this action being the suit of the party and onely for the right 9 H. 6. 16. this remedy by action is only where the Entry of the defendant was not lawfull Fitz. 248. h. for if a man entreth with force where his Entry is lawfull as if the disseisee shall enter upon the disseisor with force he shall not bee punished by action But yet he may be indicted upon the statute Br. force 29. and upon such indictment found the party put out shall be restored for the indictment is for the force and for the King and here the offendor shall make fyne to the King although his right be never so good Br. Force 11. 3. Also the party so grieved if hee will loose the benefit of his treble damages and costs Writ upon the statute of Northampton he may be aided and have the assistance of the Iustices of peace and that after diverse sorts first he may purchase a writ out of the Chancery directed to the Sheriffe only or the Sheriffe and Iustices of peace and to every of them for to remove the force and this is upon the statute of Northhampton 2. E. 3. cap. 3. the forme of which writ you may see F. N. B. 249. f. Cromp 74. 162. 4. But upon this writ the Iustice of peace is to proceed only as a minister and is to certifie his doings herein and that Iustice of peace to whom the writ shall be delivered ought for to execute it scil he may remove the force but here he may not put the party in possession againe who was put out Indictment in Sessions 5. Also the party grieved may at the generall Sessions of the peace within the same County preferre his bill of indictment upon the statute of 8. H. 6. for such forceible entry or deteiner which being found there Dyer 187. Cromp. 165. the complaynant shall be restored to his possession by a writ of restitution granted out of the said Court to the Sheriffe 6. Also the party so grieved for a more speedy remedy may complaine to any one or more Iustices of peace of the same County of the said force By the In out of Sessions and thereupon the said Iustice of peace may ex officio Dalton 191. 192. and without any writ either doe execution of the statute of Northhampton as aforesaid Or else the said Iustice of peace upon such complaint may goe to the place where such force is to see it and may remove the force and arrest and commit the offendors which he shall find committing the force and shall also keep a speciall Sessions to inquire of the said force and if upon such inquiry such force shall be found then the said Iustice shall restore the party grieved to his possession againe and here no other Iustice of peace can grant a Supersedeas to stay the same restitution Dalton 192. 7. Also the party grieved may remove such indictment found either at such generall or speciall Sessions by a Certiorari into the Kings Bench and the Iudges of that Court may award a writ of restitution to the Sheriffe of the County to restore possession to the party Eâ—quirie 8. Now when the Iustice of peace shall make such inquiry he shall direct his precept or warrant to the Sheriffe commanding him to cause to come before the said Iustice of peace Dalton ibid. at some good Towne neere to the place 24. sufficient and indifferent persons dwelling neere to the said lands or tenements whereof every one shall have in lands or tenements 40 s by the yeare at the least to inquire upon their oathes of such force 9. Upon default of apparance of those Iurors the Iust of peace may award an alias and after that Pluries in finite till they come 8. H. 6. c. 9. but so that at the day of the second precept or writ the Sheriffe must returne 40 s in issues upon every one of them and at the third writ 5. li. and at every day after the double 10. And although any of such Iurors shall not have 40 s land per annum yet their presentment of such force is good for the King so as the offendors shall be fined to the King But the party shall have no restitution upon such a presentment if it be pleaded at or before the time of the awarding of the restitution for the statute of 8. H. 6. ca. 9. requireth that such Iuror shall have 40 s freehold per annum at the least 11. If the Sheriffe shall returne smaller issues upon the Enquirors then the statute doth appoint yet the party indicted shall not impeach the enquiry therefore neither is it cause to impeach the enquiry though the Iustice of
reciting the whole Recog de verbo in verbum and then conclude in cujus rei testimonium ego predictus P.H. sigillum meum apposui dat c. The like may be made into the Kings Bench mutatis mutandis if the writ issue out of that Court. If the supplicavit be against diverse and the party that prosecuteth the same will release his prayer of the peace against one of them then the release ought to be certified for him and the writ must be served for the rest or else non est inventus may be certified for him that is released and the writ served for the rest The forme of the Release may be thus Memorandum quod primo die Augusti Com. Dublin c. C.D. de E. in brevi de supplicavit huic Relaxationi annex nominat venit coram me P. H. un Iusticiar ad pacem in Com. predict conservand c. et gratis remisit et relaxavit quantum in se est securitat per ipsum coram me versus supra nominatum C.D. petitam In cujus rei testimonium ego prefatus P.H. sigillum meum apposui datum c. The forme of a supersedeas by a Iustice of peace upon a writ of supplicavit against an Infant A.B. armiger unus Iusticiar Dom. Regis Caroli Dei gratia c. ad pacem in Com. Dublin Com. Dublin predict conservandam assignatorum vicecom ejusdem Com. ac omnibus et singulis Ballivis Constabularijs ceterisque dicti Domini Regis Ministris tam infra libertat quam extra in Com. predict salut Sciatis quod breve dicti Domini Regis recepi in haec verba Iacobus c. reciting here all the writ verbatim et quia I.B. de c. I.S. de c. et prefat C.A. coram me prefato A.B. personaliter comparuer et predictus I.B. et I.S. manuceperunt pro predicto C.A. qui infra aetatem 21. annorum existit viz. quilibet manucaptor predictor in 20. l. quas recognover se deber dicto Domino Regi ac concess de terris et tenementis bonis et catallis suis ad opus dicti Domini regis levand viz. quod predict C.A. damnum vel malum aliquod alicui de populo dicti Domini Regis de corpor suis vel de incendio domor suarum non faciet nec fieri procurabit quevismodo ideo ex parte dicti Domini regis vobis et cuilibet vestrum mando quod de coarctan aut attachand dictum C.A. ad inveniendam aliquam securitatem pacis per ipsum observand erga dict Dom. Regem et cunctum populum suum seu alicui de eodem populo suo coram vobis seu aliquo vestrum inveniend supersed seu supersed fac omninò si ipsum C.A. occasione predict non alia ceperitis seu capi mandaveritis in prisona ipsius Dom. regis sub custodia vestra detineritis tunc ipsum à prisona in qua detinetur sine dilatione deliber fac Teste me praefat A.B. 20. die Novembris Anno regni dicti Dom. regis c. A Iustice of Peace may also by vertue of his office and as he is a Iudge command this surety to be found and this hee may doe either of his owne motion and discretion or else at the request and prayer of another When it is at the Prayer of another he may make out his precept or warrant in this forme following Charles by the grace of God King of England Scotland France and Ireland Defendor of the Faith c. To our Sheriffe of the County of Dublin Com. Dublin the Constable of the Barony of Castleknock and to all and singular our Bailiffes and other our ministers in the said County aswell within liberties as without greeting Forasmuch as A. B. of Kilmainham yeoman hath personally come before George Bring of the said Towne Esquire one of our Iustices of the peace within the said County and hath taken a corporall oath that hee is afraid that one C.D. of Killmainham in the said County yeoman will beat maime wound or kill him or burne his houses and hath therewithall prayed surety of the peace against the said C. D. Therfore we command and charge you joyntly and severally that immediately upon the receipt hereof you cause the said C.D. to come before the said G.B. or some other of our Iustices of the said County to finde sufficient sureties and mainprise aswell for his appearance at the next quarter Sessions of our peace to be holden in the said County as also for our peace to be kept towards us and all our liege people and chiefly towards the said A.B. that is to say that he the said C.D. shall not doe nor by any meanes procure or cause to be done any of the said evils to any of our said people and especially to the said A. B. And if the said C.D. shall refuse thus doe that then immediately without expecting any further warrant you him safely convey or cause to be conveyed to our common gaole in the said County there to remaine untill he shall willingly doe the same so that he may bee before our said Iustices at the said next generall Sessions of the peace to be holden in the County aforesaid then and there to answere unto us for his contempt in this behalfe And see that you certifie your doing in the premisses to our said Iustices at the said Sessions bringing then thither this precept with you witnesse the said G.B. at Killmainham aforesaid the fourth day of August c. The like warrant may be in the name of the Iustice of peace himselfe in this forme following viz. A. B. Knight Com. Dublin one of the Iustices of the peace of our Soveraigne Lord the King within the County of Dublin To the Sheriffe of the said County To the Constable of the Barony of C. and all other Constables Bailiffes and other his Majesties officers in the said County aswell within liberties as without greeting Forasmuch as B.A. the wife of W.A. of D. in the said County Labourer hath required suretie of the peace against T.B. of the said Towne of D. Butcher and withall hath taken her corporall oath before me that shee requireth the same not for any private malice hatred or evill will but simply that she is afraid of her life or the hurting or mayming of her body or the burning of her houses These are therefore to will and require you and in his Majesties name to charge and command you that immediately upon the sight hereof you or one of you require the said T.B. to come before me or some other of the Kings Majesties Iustices within the said County to finde sufficient sureties aswell for the appearance at the next generall quarter Sessions of the peace to be holden for the said County as also that the said T.B. shall in the meanetime keepe the Kings Majesties peace aswell towards his said Majestie as towards all his liege people and especially