take into his or their hands or possessions all such copie customarie holds so holden of thē or any of thē immediatly to retain the same during only the life of such offēdor or offendors in such maner as he or they should haue had the rents or seruices of such copy or customary hold in case such person or persons so refusing had not refused A farmer required refuseth to serue 39 All euery farmer being a yeoman husbandman artificer or labourer 1. M. 12. beeing of the age of xviij yeares or more vnder the age of lx years not sick impotent lame maihemed nor hauing any other reasonable excuse or cause to the contrary being required by the sherife Iustice or Iustices of peace or other hauing authoritie by this act or by commissiō or letters c. they declaring their said authoritie or being required by their said Landlord or Landlords for the time being to whom the rents of such farmes shal be then rising growing or comming to serue the king for any the causes aboue rehearsed and refuse so to doe shall during only the life of such farmer or farmers so refusing forfeit and loose to such Landlord and Landlords as should haue had the rents of such farmer during the life liues of such person persons so refusing all their said farmes And it shal be lawfull to euery such Landlord c. their heires and assignes to whom the rents of such farmes should haue bin due during the life of such person or persons so refusing in case he or they had not refused to enter take into his or their hands or possessiō al such farms to retain the same only during the life of euery such offēdor or offendors But after the death expiration or determinatiō of the interest or terme of yeares of euery such copyholder customary holder or farmer as so shal offēd forfeit any of the said copi-holds customary holds or farmes as is aforesaid thē euery such person as should or ought to haue had the copy holds customary holds or farmes after or by the death expiration or determination of the interest or terme of years of such copie-holder customarie holder or farmer in case such copie-holder customarie holder or farmer had not so offended ne forfeited shall and may haue the same copie-hold customarie holds and farmes by entrie action admission or otherwise in like manner forme and condition and by such meanes as they and euery of them should might or ought to haue had if no such forfeiture or offence had bin had done or committed 40 If any person shal be spoken vnto moued 1. M. 12. or stirred to make any cōmotion Disclosing a commotion when one is moued insurrection or vnlawfull assembly for any of the intents aboue mētioned and doe not within 24. houres next after he shal be spoken vnto moued or stirred vnlesse he haue good and reasonable cause of excuse declare the same vnto one Iustice of the peace or Sherife of the said countie or to the Mayor Sherifes Bailifes or other head officers of any citie or town corporat where such commotion c. shall be had he shall suffer imprisonment by the space of thrée moneths without baile or mainprise vnlesse he shall be discharged by 3. Iustices of peace whereof one to bee of the Quorum of the same shire where the offence shall be committed 1. M 12. 41 If any person béeing aboue the age of eightéene yeares An able person required refuseth to serue and vnder the age of thréescore beeing able to serue and not sicke lame or impotent shall be required by any Iustice of peace or any Sherife of any Countie where any such assembly shall be or by any Mayor Bailife or other head Officer of any citie borough or towne corporat or by any other by the commandement of any such Iustice Sherife Maior c. to goe with him or them to suppresse the persons vnlawfully assembled in manner and forme aforesaid then euery person which so béeing able and required doth willingly and obstinately refuse so to doe shall suffer imprisonment for one whole yeare without baile or mainprise 1. M. 12. 42 If the King shall by his Letters patents make any Lieutenant in any Countie or Counties of this Realme Attendance vpon a lieutenant for the suppressing of any commotion rebellion or vnlawfull assemblie then as well all Iustices of peace and the Sherife and Sherifes of the same as all Maiors Baylifes and other head officers and all inhabitants and subiects of any Countie Citie Borough or towne corporat within euery such Countie shall vpon declaration of the said Letters patents and request made bee bound to giue attendance vpon the same Lieutenant to suppresse any commotion rebellion or vnlawfull assemblie vnlesse hee so required haue any reasonable excuse for his not attendance vpon paine of imprisonment for one whole yeare 1. M. 12. 43 The order and forme of the Proclamation that shall be made by the authoritie of this Act shal be as hereafter followeth The forme of the Proclamation or with the like order and words in effect viz. The Iustices or other persons authorized by this Act to make the said Proclamation shall make or cause to be made an Oyes and after that shall openly pronounce or cause to be pronounced these wordes or to the like effect The King our Soueraigne Lord chargeth and commandeth al persons being assembled immediately to disperse themselues and peaceably to depart to their habitations or their lawfull businesse vpon the paine contained in the act lately made against vnlawfull and rebellious assemblies And God saue the King 1. M. 12. 44 If any person or persons doe or shal molest let hinder Hinderance of the Proclamation or hurt any person or persons that shall proclaime or go to proclaime according to the proclamation and order aforesaid whereby such proclamation shal not be made then euery such person so molesting or hurting c. and hauing knowledge of his message shall incurre such daunger and suffer such paines and forfeitures the persons assembled to whom the proclamation should haue beene made should by this Act incurre for not obeying the Proclamation if it had béene made or for doing after the Proclamation of any the things before expressed And also all such persons beeing assembled to the number aforesaid to attempt or doe any the things aforesaid to whom Proclamation should or ought to haue beene made if the same had not beene let shall likewise in case they doe after put in vre and doe any the things aforesaid hauing any wayes knowledge of the let so made or by any meanes procuring the same let incurre like danger and suffer like paines and forfeitures aforesaid in euery their degrees as though the proclamation had beene made any clause article c. in this Act c. notwithstanding Other mens right saued 45 All
the land be seuerall yet their possession touching the profit thereof is ioynt And this Action is founded vpon the possession And whereas both the Statute of 1. H. 5. and 5. Eliz. doe ordaine that the partie and parties grieued shall and may at his and their pleasure haue and sue this Action of forger of false déedes in this case both the Ioyntenants and tenants in common be the parties grieued for that their land is molested troubled recouered or charged by this forged déed Fitzh Forger 5. But if there be two Ioyntenants or tenants in common of certaine land and one of them doth forge a false Release or other Déede whereby the whole land is intended to be conueied to himselfe in this case the other Ioyntenant or c. may haue an Action of forger of false déeds against his said ioyntenant or c. for that forged and false déede was made to the intent that the right or title of the forgers companion in estate should be molested troubled defeated or recouered And in this case he is the partie grieued to whose onely disherison the said forgery doth trench 21. H. 6. 4. 21 In an Action of forger of false déedes One sealeth a déed by an others commandement the Defendant pleaded that the Plaintife being seised of certaine land did couenant with a stranger to enfeoffe him of the same land whereupon the same stranger came to the defendant being a Clerk and requested him to make a déed of feoffment of the same land which he did and after by the plaintifes commaundement he sealed the same déede and after did reade the déede at the time of the liuerie and seisin which is the same forgerie and proclamation and that was adiudged a good Plea for when the defendant sealed the feoffement by the plaintifes commaundement and in his presence it was the plaintifes owne act and déede and his owne sealing and not the defendants for the plaintife did vse the defendants hand but as his instrument therein as men vnlearned doe vse an other mans hand to helpe or direct them to subscribe their names to a Deede 9. H. 6. 26. 7. H. 6. 34. 22 If the father do forge a déede and after dieth One forgeth and another doth publish and then his sonne doth find the same déede and doth pronounce publish or shew forth in euidence the same déede knowing the same to be false and forged to the intent the estate of fréehold or inheritance of any person of in or to any lands c. should be molested troubled defeated or recouered this is forgerie in the sonne and he shall be punished according to the foresaid Stat. of 5. El. And the same law is if one man do forge a déed or c. and an other man knowing thereof shall publish it to any of the intents aforesaid this is forgerie prohibited by the same statute for the same stat of 5. Eliz. is in the disiunctiue viz. if any person shall forge or publish Forgerie by antedating of a deed 23 If a man doe make a feoffement to one person of certaine land 27. H. 6. 3. and doth deliuer possession therof accordingly and after he doth make a feoffement to another person of the same land bearing date before the first feoffement but doth not deliuer it this last feoffement is not the feoffors déed But yet if hée do publish it to be his déed the first feoffée may haue an action of forger of false déeds against him for when he had made the first feoffement of the land hée then had nothing left in him of the same land And therefore when hée made the second antedated déed of that land it was a false and forged déed and then after publishing pronouncing or shewing it forth to be his déed it was with intent to molest trouble defeat recouer or charge the land of the first and lawfull feoffée and so he is punishable according to the foresaid stat of 5. El. as hée was before by the stat of 1. H. 5. 24 Though the foresaid two statutes of 1. H. 5. and 5. Eliz. were ordained to punish those who should forge any false déed or c. to the intent to molest trouble charge or recouer the right or title of any person in his lands tenements or hereditaments or to the intent that any person should claime any lease for yeares or annuitie or should forge any Obligation Bill obligatorie Release Acquitance or other discharge of any debt account action suit demaund or other thing personall yet was there no prouision in either of them to punish those who should get into their hands any money goods cattels iewels or things of any other persons by colour of a false token or forged or counterfeit letter for the redresse whereof by a statute made anno 33. H. 8. St. 33. H. 8. 1 it was enacted That if any person or persons of what estate or degrée soeuer hee or they be Getting of other mens goods by counterfeit tokens or letters shall falsely and deceitfully obtaine or get into his or their hands or possession any money goods cattels iewels or other things of any other person or persons by colour or means of any false tokē or counterfeit letter made in another mans name that then euerie such person persons so offending being thereof lawfully conuict by witnesses taken before the L. Chauncelor of England for the time being or by examination of witnesses or confession taken in the Star chamber before the K. honorable Counsel or before the Iust of Assise in their circuits for the time being or before the Iust of peace within any part of the K. dominions in their generall Sessions or by action in any of the K. courts of record shal haue suffer such correction punishment by imprisonment of his body setting vpō the pillorie or otherwise by any corporal pain except pain of death as shal be vnto him or them limited adiudged or appointed by the person and persons before whom he shal be so conuicted of the said offences or any of them Suspected persons called before the Iustices 25 As wel the Iust of Assise for the time being as also ij St. 33. H. 8. 1 Iust of peace in euerie countie whereof one to be of the Quorū shal haue power authoritie to call and conuent by proces otherwise to the said Assises or generall sessions any person or persons being suspected of any of the aforesaid offences to cōmit him or thē toward or to let him or thē to baile vntil the next Assises or general sessiōs there to be examined and further to be ordered by their discretions as is abouesayd Prouided alwayes that the Iustices of peace within euerie Citie Borough Towne and Franchise within this Realme or other the kings dominions shall haue like iurisdiction power and authoritie at their generall Sessions and otherwise to do and execute all and euerie thing and things in all points as other Iustices of Assise in their circuits or Iustices of peace in the Counties by
diuers euill disposed persons being married did run out of one countrey into another or into places where they were not knowne and there became to be maried hauing another husband or wife liuing to the great dishonor of God vtter vndoing of diuers honest mens children and others therfore by a stat made anÌ„ 1. Felony in marying vntill the former husband or wife be dead Iac. it was enacted St. 1. Iac. 11 That if any person or persons within his Ma. dominioÌ„s of England Wales being maried or which hereafter shall marry do marry any person or persons the former husband or wife being aliue that then euery such offence shal be felony and the party parties so offending shall receiue such the like procéeding triall and execution in such county where such person or persons shal be apprehended as if the offence had bin committed in such county where such person or persons shal be takeÌ„ or apprehended Prouided alwaies that this act shall not extend to any person or persons whose husband or wife shal be continually remaining beyond the seas by the space of 7. yéeres together or whose husband or wife shall absent him or her selfe the one from the other by the space of 7. yeares together in any parts within his Ma. Dominions the one of theÌ„ not knowing the other to be liuing within that time Prouided also that this act shall not extend to any person or persons that are or shal be at the time of such mariage diuorced by any sentence had or hereafter to be had in the Ecclesiasticall Court or to any person or persons where the former mariage hath bin or hereafter shal be by sentence in the Ecclesiasticall court declared to be void and of no effect Nor to any person or persons for or by reason of any former mariage had or made or hereafter to be had or made within age of consent No corruptioÌ„ of blood or disheritance Prouided also that no attainder for this offence made felony by this act shall make or worke any corruption of blood losse of dower or disinherison of heire or heires Infected with the plague 8 By the stat made anÌ„ 1. Iac. it was ordained St. 1. Iac. 31 That if any person or persons infected with the plague shal be by the Maior Bailifes Constables or other head officers of any City Borough Town corporat priuiledged place or Market Towne or by any I. of Peace Constable Headborough or other officer of the county if any such infection be out of any City Borough Towne corporate priuiledged place or market towne commaunded or appointed to kéepe his or their house for auoiding of further infection shall notwithstanding contrary to such commandement wilfully contemptuously goe abroad shall conuerse in company hauing any infectious sore vpon him vncured then such person persons shal be taken adiudged a felon and suffer death as in case of Felony But if such person shall not haue such sore found about him theÌ„ for his said offence to be punished as a vagabond should or ought to be by the stat made 39. El. 4. for the punishment of vagabonds and further to be bound to his or their good behauior for one yéere but no attainder of felony by vertue of this act shal extend to any attainder or corruption of blood No corruptioÌ„ of blood or forfeiture or forf of any goods chattels lands tenements or hereditaments St. 35. El. 1 St. 2. Iac. 25 9 By the stat made AnÌ„ 35. El. it was ordained That if any such offendor Abiuration by a Recusant which by the tenor effect of the said act intituled an act to retaine the Quéens subiects in due obedience is to be abiured shal refuse to make such abiuration as by the said stat is appointed Or after such abiuration shall not goe to such hauen and within such time as is appointed and from thence depart forth of the realme according to the said statute Or after his departure shall returne and come againe into any of the Q. Realmes or Dominions without her speciall licence in that behalfe first had and obtained Then in euery such case the person so offending shall be adiudged a felon suffer as in case of felony without benefit of clergy Prouided that the wife of such offendor by force of this act shal not loose her dower nor that any corruption of blood shal grow or be by reason of any offence mentioned in this act But the heire of such offendor by force of this act shall and may after the death of euery such offendor haue and enioy the lands tenements and hereditaments of such offendor as if this act had not bin made Prouided that no Popish Recusant or feme couert shall be bound to abiure by vertue of this act St. 35. El. 2. 10 By a stat made an 35. El. it was enacted That any such offendor Abiuration of a Recusant which by the tenor intent of the act made to restrain Popiâ—h Recusants to some certaine place or abode is to be abiured shal refuse to make such abiuration or after such abiuration made shal not go to such hauen and wiâ—hâ—n such time as is appointed and from thence depart out of the realme according to this act Or after such his departure shall returne or come againe into any of her maiesties realmes or dominions without her maiesties speciall licence in that behalfe first had and obtained then in euery such case the person so offâ—nding shall be adiudged a felon and shall suffer and loose as in case of felony without benefit of Clergy St. 25. H. 8 6 St. 5. Eli. 17. 11 By a stat ordained anÌ„ 25. H. 8. and made perpetuall an 5. El. it was enacted That the detestable abominable vice of Buggery Buggery committed with mankind or beast shal be adiudged felony and such order forme of proceâ— therein shal be vsed against the offendors as in cases of felony at the common law And the offendors being thereof conuict by verdict confession or â—â—iclary shal suffer such pains of death losses penaltâ—es of goods catteâ—s debts lands tenemeÌ„ts and hereditaments as felons be accustomed to do according to the order of the common law of this Realme And no person offending in such offence No clergy shall be admitted to his Clergy And I. of Peace shall haue authority within the limits of their iurisdiction and commission to heare and determine the same as they haue in cases of other felonies St. 21. H. 8. 7 St. 5. El. 10. 12 By a statute prouided An. 21. H. 8. and made perpetuall AnÌ„ 5. Seruants imbesiling their masters goods El. it was established That all and singular seruants to whom any caskets iewels money goods or cattels by his or their master or mistresse shall be deliuered to kéepe if any such seruant or seruants withdraw him or them from their
hide their affection in that behalfe haue signified the cause of their apprehension to bée but onely for suspition of felonie whereby the said offendors haue escaped vnpunished to the incouragement of théeues and euil doers For reformation whereof by a stat made Anno 1. 2. P. M. it was ordained St. 1. 2 P. M. 13 That no Iustice or Iustices of Peace shall let to baile or mainprise any such person or persons which for any offence Bailing of offendors by Iust of peace or offences by them or any of them cōmitted be declared not to bée repleuisable or bailed or forbiddē to be repleuied or bailed by the stat of West 1. made An̄ 3. E. 1. And furthermore that any person or persons arrested for manslaughter or felonie or suspition of manslaughter or felonie being baileable by the law shal not be let to baile or maineprise by any Iu. of Peace if it be not in open Sessions except it be by two Iu. of peace at the least whereof one to be of the Quorum and the same Iustices to be present together at the time of the said bailement or mainprise which bailement or mainprise they shall certifie in writing subscribed or signed with their owne hands at the next generall Gaole deliuerie to be holden within that countie where the said person or persons shal be arrested or suspected And the said Iu. or one of them beeing of the Quorum when any such prisoner is brought before them for any manslaughter or felonie before any bailement or mainprise shall take the examination of the said prisoner and information of them that bring him of the fact and circumstances thereof and the same or as much thereof as shal be materiall to prooue the felonie shall put in writing before they make the same bailement which said examination together with the said bailement the said Iu. shall certifie at the next generall Gaole deliuerie to be holden within the limits of their commission And euerie Coroner vpon any inquisition before him found The Coroners duty vpon an inquisition found wherby any person or persons shal be indited for murder or māslaughter or accessorie or accessories to the same before the murder or manslaughter committed shall put in writing the effect of the euidence giuen to the Iury before him being materiall And aswel the said Iu. as the said Coroner shall haue authoritie by this act to bind all such by recognizance or obligation as do declare any thing materiall to prooue the said murder or manslaughter offences or felonies or to be accessory or accessories to the same as is aforesaid to appeare at the next generall Gaole deliuerie to be holden within the county city or town corporat where the triall thereof shal be then there to giue euidence against the partie so indited at the time of his triall and shal certifie aswel the same euidence as such bond bonds in writing which he shal take together with the inquisition or inditement before him taken found at or before the time of his said triall thereof Certificat of a bond taken by a Iu. of peace to be had or made And likewise the said Iu. shall certifie all euery such bond taken before him in like maner as before is said of bailmēts and examination And in case any Iu. of peace or Quorum or Coroner shal offend in any thing contrarie to the true intent and meaning of this act then the Iu. of Gaole deliuerie of the shire citie towne or place where such offence shal happen to be committed vpon due proofe thereof by examination before them shal for euery such offence set such fine on euery of the same Iu. of peace Coroner as the same Iu. of Gaole deliuerie shall thinke méet and shall estreat the same as other fines and amerciaments assessed before Iustices of Gaole deliuerie ought to be Prouided alwaies that Iu. of Peace and Coroners within the city of London and the County of Middlesex in other Cities Boroughs and Townes corporat within this Realme and Wales shall within their seuerall iurisdictions haue authority to let to baile felons and prisoners in such manner forme as they haue bin heretofore accustomed This act or any thing therein contained to the contrary notwithstanding And also shall take examinations bonds as is aforesaid vpon euery bailement by them or any of them to be made and shall certifie euery such bailements bonds examinations by them or any of them takē or made at the next Gaole deliuery to be holdē within the shire city borough or towne where their seuerall iurisdictions extēdeth vpon like paine and forf as is before limitted in this present act 14 Because Sherifs and others did in times past let to mainprise notorious and knowne théeues being taken and imprisoned for murder and other felonies S. 3. E. 1. 15. and such as be not mainpernable contrarie to the forme of a Statute made touching those which bee repleuisable and which not and thereby such malefactors as were not repleuisable were let to mainprise And for to deliuer them deceitfully before the comming of the Iustices in Eire or other assigned for their deliuerance they procured and suborned by themselues and by their friends Iurors of the countie some they threatened And so partly for feare of the Sherifs and others which did let them to baile and partly for feare of those felons which were so let to mainprise many robberies and homicides were hidden and concealed from the Iustices of Gaole deliuerie for the preuention whereof by a Stat. made an̄ 27. E. 1. An. 27. E. 1. 3. intituled the Stat. of fines leuied it was ordained That Iustices assigned to take assises in euery countie where they take assises presently after the assises taken shall remaine both together if they be Laie And if one of them be a Clerke then one of the most discréet knights of that county being associate vnto him by the kings writ shall deliuer the Gaole in that countie aswell within liberties as without of all the prisoners according to the vsuall forme of deliuering of Gaoles Bailement of offendors by Sherifes And then the same Iustices shall inquire which sherifs and others haue let to baile any prisoners that were not repleuisable or haue offended in any thing contrarie to the Stat. of West 1. and to punish and chasten them in euery respect according to the forme of the said Statute 15 And for the causes aforesaid it was ordained by the stat of an̄ 4. E. 3. St. 4. E. 3. 2 that good and discréet persons other than of the places if they may be found sufficient shal be assigned in all the counties of England to take assises Iuries and certifications and to deliuer the Gaoles And the same Iustices shall take the assises Iuries and certifications shall deliuer the Gaoles thrice in the yeare at the least and more often if néed be And
Tithingman of the same parish of L. he was by this defendant stripped naked from the middle vpward and openly whipped vntill his body was bloudy And the same law is if any Iustice of peace Maior Bailife or other head officer shall commit any offendor which shall cut or vnlawfully take away any corne or graine growing or robbe any orchards or gardens or breake or cut any hedge pales railes or fence or digge pul vp or take vp any fruit trées or trées in any orchard garden or elsewhere to the intent to take cary the same away Or shall cut or spoile any woods or vnderwoods poles or trées standing not being felony by the lawes of this Realme Or shall be a procuror or receiuor knowing the same contrary to the statute therefore made An. 43. El. intituled Sta. 43. El. 7. an act to auoid and preuent diuers misdemeanors in lewd and idle persons shal be committed by a I. of Peace or by a head officer of a city borough c. to some Constable or other inferiour officer of the city borough Towne or Hamlet where the offence shall be committed or the partie apprehended to be whipped If in this case the said Constable or other inferior officer shall whip the same offendor vntill his body shal be bloudie the same offendor shall neither haue an action of Trespas of assault battery nor other remedy against the said Constable or officer for in the foresaid cases Punishments by the order of law in all other cases where an offendor is punished for petit Larceny by whipping for other offences by the pillorie the stocks the tumbrell or otherwise for any offeÌ„ce committed by him contrary to any of the lawes or statutes of the Realme there is no peace broken nor blame to be imputed to him or them which do execute that punishment for it is the iustice of the law which doth inflict those punishments vpon offendors for transgressing the law the executioners of those punishments be but the instruments of the law as the axe is in the Carpenters hand Battery for disobeying of a writ or warrant 24 In an action of Trespas of assault battery 21. H. 7. 39. Fitz. Trespas 108. it is a good plea for the def to plead that he had a warrant to arrest the plaintife and that by force of that warrant he did arrest him then the plaintife made assault vpon him therefore the hurt which he receiued was by his own assault for euery subiect is bouÌ„d to obey the K. writs all mandates precepts warrants awarded by his Iustices shirifes and officers sufficiently authorized And he that doth resist them or denyeth to obey them encountreth the iustice of the law and therefore the beating of him who refuseth to submit himselfe to the obedience of the Law is no breach of the peace but a meane to performe the law 25 Though the Law hath a regard to preserue peace betwéen all persons and in all places and caryeth a vigilant eye that one person shall not menace assault beate maihem or imprison an other but in certaine cases and for some speciall causes and imposeth an heauie burden vpon such as shall breake that peace by any of the meanes aforesaid Yet she hath a more speciall respect to some ceraine places to some tymes and to some persons and caryeth that reuerend and due care and consideration of them that she inflicteth a more sharpe and bitter punishment vpon such as shall violate the peace in them or to the offence of them And therefore for the auoiding of the disturbance of the peace in the Church where God is to be honoured and all peace to be preserued and to continue peace to preists clerks and others whilest they are dooing diuine seruice There was a statute made Anno 50. E. 3. and after rehersed and continued Anno 1. Sta. 50. E. 3. 1. 1. R. 2. 15. R. 2. whereby it was enacted That if any of the Kings officers or other person doe arrest any priest clerke or other Arresting one in a Church dooing diuine seruice which is doing any diuine seruice in the Church Churchyard or other place dedicated to God he shall be imprisoned and punished at the Kings pleasure and further shall recompence the partie arrested But no people of the Church shall kéepe them within the Church or Sanctuarie by fraud or â—ellusion 26 And because it is most necessarie in euery Christian common weale to prouide that peace and tranquility may be preserued and continued among the people and specially in holy Church in the time of diuine seruice and preaching and that all things being contrary thereunto or that are or may be in disturbance thereof may by forsight be eschewed and auoyded and remedy therefore prouided Sta. 1. M. 3. By a like statute made Anno 1. Reg. M. it was ordeined That if any person of his owne authoritie Disturbance of a preacher in his sermon shall willingly and of purpose by open words or déeds maliciously or contemtuously disturbe or by any other vnlawfull wayes disquiet or misuse any Preacher allowed to preach by the Quéene or by any Archbishop or Bishop of this realme or by any other lawfull Ordinary or by any of the Vniuersities of Oxford and Cambridge or otherwise lawfully authorized or charged by reason of his cure benefice or spirituall promotion or charge in his open sermon preaching or collation that he shall preach or pronounce in any Church Chappell or Churchyard or in any other place vsed or appointed then euery such offendor his aydors procurors or abbettors immediatly after any of the said misdemeanors committed or at any time after shal be arrested by any Constable or Churchwarden of the said parish towne or place where the said offence shal be so committed or by any other officer or by any other person then being present at the time of the said offence and carried to any Iustice of peace within the said shire or within any City borough Libertie or towne corporat wherein Iust of P. be where the said offence shal be so committed And the said Iustices vpon due accusations thereupon made by the apprehendor or other person of the offendor forthwith shal commit him to safe kéeping within 6. days immediatly after the said accusation so made the said Iust with one other Iust of P. within the shire city borough liberty or town corporat shal diligently examin the offence aforesaid And if the said two Iustices shall vpon their examination find the person so accused guiltie of any of the said offences whereof he shall be accused and that by two sufficient witnesses or by his confession then they shall commit him to the Gaole of the said Shire City Borough c. where the offence was committed there to remaine without baile or mainprise by the space of thrée moneths then next ensuing and further to the next quarter sessions c.
shall be attending vpon the Iustices to go and assist the same Iustices to arrest such offendors vpon paine of imprisonment and to make fine to the King 3 And forasmuch as the said Statute of 15. R. 2. doth not extend to Entries into tenements in peaceable manner and after holden with force nor if the persons which enter with force into any lands or tenements be wholy remoued and departed before the comming of the said Iustices or Iustice Neither is there any paine ordained if the Shirife do not obey the precepts of the Iustices in this behalfe St. 8. H. 6. 9. Therefore by an other Statute made An̄ 8. H. 6. it was ordained that the said former Statutes should be continued and executed And further that where any do make such forcible entrie into lands tenements or other possessions or hold them forcible Holding possession by force after complaint thereof made within the said Countie where such entrie is made to the Iustices of peace or to one of them by the partie grieued that the Iustices or Iustice so warned within a conuenient time cause the said Statute to be executed and that at the costes of the partie so grieued And whether such persons making such Entries be present or gone before the comming of the said Iustices or Iustice presently the same Iustices or Iustice in some good Towne next vnto the tenements so entred or in some other conuenient place according to their discretion shall haue authoritie to inquire by the people of the same Countie aswell of them that made such forcible entries into lands or tenements Feoffement of lands for maintenance as of them which hold the same with force And if it be found before any of them that any doth contrarie to this Statute then the said Iustices or Iustice shall cause the lands or tenements so entred or holden as aforesaid to be reseised and shal put the partie so put out in full possession of the same lands or tenements so entred or holden as before they were entred or holden And if any person after such entrie into lands or tenements holden with force make a feoffement or other discontinuance 〈◊〉 any Lord or other person to haue maintenaunce or to take away and defraud the possessor of his recouerie in any wise if after in an Assise or other action thereof to be taken or pursued before Iustices of Assise or other the Kings Iustices whatsoeuer they be by due inquirie thereof to be taken the same feoffements and discontinuances may be duely proued to be made for maintenance as is aforesaid then such feoffements or other discontinuances so as before made shall be void And if any person be put out or disseised of any lands or tenements in forcible manner or put out peaceablie after holden out with strong hand and armes against the Iustice of peace or after such entry any feoffement or discontinuance in any wise thereof be made An Assise or action of trespas againste disseisour by force to defraude take away the right of the possessor the party greiued in this behalfe shall haue an Assise of Nouel disseisin or a writ of Trespas against such disseisor And if the party grieued recouer by Assise or by action of Trespas and it be found by verdict or in any other manner by due forme of the Law that the partie defendant entred with force into the lands tenements or them after his entrie did hold with force then the plaintife shall recouer treble dammages against the defendant and moreouer the defendant shall make fine and ransome to the King The authority of officers of Cities and Townes enfranchised And the Maiors Iustices and Iustice of peace Shirifes and Bailifes of Cities and Boroughes hauing fraunchise shall haue in the said Cities Townes Boroughes like authoritie to auoid such Entries and in other articles aforesaid rising within the same as Iustices of peace and Shirifes in Counties and Shires haue 4 As by the foresaid Statute of 8. H. 6. if any person after entrie into lands or tenements holden with force shal make any feoffement or other discontinuance thereof to any Lord or other person to haue maintenance or to defraud the possessor of his recouery then the same feoffements discontinuances shall be void So by an other Statute made before that Anno 4. H. 4. St. 4. H. 4. 8. it was inacted A speciall Assise against a disseisor with force That if any man in his owne right to his vse or in an other mans right to his vse doth make any forcible entrie into an other mans lands by way of maintenaunce or doth take or carry away any goods of the possessors of the fréehold after any such forcible entrie then if the partie grieued or other lawfull man will affirme that the entry was made in such forcible manner the Chancellor of England may graunt to the partie greiued a speciall Assise And if the disseisor be attainted of such forcible disseisin he shall be one yeare imprisoned and pay to the partie grieued his double dammages and also dammages for his goods And one of the Iustices of the one Bench or of the other or the chiefe Baron of the Exchequer if he be learned in the law shall be named in euery such speciall Assise And no Supersedeas shal be granted to the contrarie of such Assise 5 Wherefore if a man be disseised by force of any lands or tenements by way of maintenance or that his goods be taken or carried away after such entrie made Or that he be put out or disseised of his lands in forcible manner Or that he be put out peaceablie and after holden out with force against a Iustice of peace Or after such entrie any feoffement or discontinuance be made to defraud and take away the right of the possessor then the partie grieued as his case requireth may haue a speciall Assise against the disseisor and recouer his double dammages Seuerall remedies for seuerall offences by force and dammages for his goods and the disseisor shall be one yeare imprisoned according to the foresaid Statute of 4. H. 4. St. 4. H. 4. 8. Or else he may haue an Assise of Nouel disseisin or an action of Trespas against the disseisor and recouer treble dammages and moreouer the disseisor shall make fine and ransom to the King according to the before rehearsed Statute of 8. H. 6. St. 8. H. 6. 9. Or if the plaintife will omit the benefit of recouerie of his dammages he may only craue and vse the assistance of a Iustice of peace to sée and remoue the force to record it to inquire of it and to make him restitution according as the truth of his case shall appeare to the said Iustice vpon his owne sight or be found by inquisition according to the former prouision of the said Statute of 8. H. 6. Or lastly he that is put out or holden out of his lands with force
vertue of this Act be limited and appointed to do and execute for the punishment and correction of like offendors as beforesaid is limited Sauing to the partie grieued by such deceit such remedie by way of action The remedie of the partie grieued or otherwise of for the same money goods cattels iewels or other things so obtained as he might haue had if this Act had neuer bin made Any thing in this Act c. notwithstanding 26 Forgerie of writings hath béene alwayes so hatefull in this realme that our law-makers haue pursued the practisers therof with sharpe and bitter punishment though in some cases the same was not put in vse to molest or euict any man of his land lease annuitie debt account action suit or other demaund nor to get into his hands any others goods cattels or iewels but only to escape the ordinance and censure of the law As by a statute made anno 5. Eliz. it is established St. 5. El. 7. That no person retained in husbandry or in certain inferior arts or faculties in the said statute mentioned shal depart out of one citie towne or parish into another nor out of the Lathe Rape Wapentake or Hundred nor out of the County or Shire where he last serued to serue in another Citie Towne Forging of a testimoniall c. vnlesse he haue a Testimoniall of the said Citie or town corporat from whence he departed or of the Constable or other officer c. And if any such person shall be taken with any counterfeit or forged testimoniall then he shal be whipped as a vagabond ⧠Periurie Subornation of witnesses Truth tried by the othes of men 1 THe Law of the Realme desirous to trie out truth in all causes called in question before her to the end she might procéed in iudgement and execute iustice accordingly hath in all ages prooued it to bee the best meanes to search out this truth by the othes of honest lawful and indifferent persons intending that the man who doth professe God to bee his Creator Redéemer and Sanctifier and hopeth to be saued by his blood when hee doth come in the presence of that God and his people and doth aduisely sweare that he will declare the trueth according to his knowledge in that matter in question as God shall help him which is to say as he will expect the blessing of God in this life and eternall saluation in the life to come is void of all partialitie and priuat affection in all respects to be credited and will tell the whole truth and nothing but the truth And therefore an othe is aptly termed Sacramentum a holy band or sacred tie or godly vow The credit of an othe some do call it firmamētum veritatis the foundation ground of truth and some other vinculum pacis a meane of the knot or lincke of peace And if it be taken and found by a whole Iurie consisting vpon twelue persons or aboue it is called veredictum viz. a presentment of truth And others doe hold it a ceremonie instituted by God wherein himselfe is a partie and therefore he will see it verified or sharply punished Wée know that the proofe of most of our acts déeds and writings doe depend vpon the othes of others and whatsoeuer men do for their owne particular account most certaine is altogether in most cases vncertaine vnlesse it may be iustified by the othes of others As if one doe commit murder rape burglarie robberie or other offence whatsoeuer and it be denied and cannot be prooued by the othe of some other the offendor shall escape vnpunished for it And likewise if a man do buy land of another if the feoffor doe make him a déed of feoffement thereof do seale and deliuer it and giue him possession and after will denie it vnlesse it can be prooued by the othe of some other the feoffée shall loose his land and money And so it is of leases annuities releases acquitances obligations bargaines contracts couenants promises offences entries disseisins and other matters in fait if they be denied trauersed and called in question the proof and validitie of them doth depend wholly vpon the othes and testimonie of others And there is no case so plaine which commeth in question betweene partie and partie but one of the parties to the sute may pleade such a plea as shall come to be tried by the othes of others 2 Therefore as the Lawe doth reuerently respect the othes of men What sorts of persons are to be deposed taketh her intelligence of matters in fait from them doth cleaue leane vnto them and giueth such credite and approbation vnto them that shée doth found and build her iudgements in most cases of greatest importance vpon them So shée retaineth a vigilant and carefull eye that those othes be taken by men of sinceritie of life and maturitie of iudgement persons not stained with Periurie or other gréeuous or foule offences men indifferently affected and such as will in swearing respect the trueth of their knowledge and not the face of the person for if shée espie any of those defects in him she doth either wholly reiect his othe or else shée giueth little or no credite vnto it and further inflicteth condigne punishment vpon him according to his desert Mag. Char. 9. H. 3. 29. 3 And because the King himselfe at his Coronation is sworne that iustice shall be solde deferred or denied to no man nor that any man shall be condemned but by lawfull triall and euery of his Iudges be sworne that hée shall doe equall Lawe and execution of iustice to all the Kings Subiects Sta. 18. Ed. 3 rich and poore without hauing regard to any person All the parties to the execution of iustice sworne Therefore the law hath deuised that those Iudges before whome any cause is called in question and is brought to an issue shall be informed of the trueth of that issue by the othes and verdict of twelue Iurors who are impannelled returned and sworne to trie that issue to the end the same Iudges may ground their iudgement thereupon and so doe equall iustice to the parties according to their oathes and also that the saide Iurors shall be ascertained of the veritie of the fact by the Othes of witnesses or other euidences that they may giue their verdict thereupon according to their Othes And séeing those Iurors being the greatest number of persons that be vsually sworne for the furtherance and execution of iustice be returned by the Shiriffe of the Countie where the cause dependeth in question his vndershirife or the Bailife of some Libertie or for some default in them by the Coroners Therefore the Lawe hath further ordained that the saide Shiriffe Vndershiriffe or c. shall be indifferent persons of themselues and also deale vprightly
of the Iurors and that the Iuror in respect thereof doth beare an extraordinarie affection and is to make a recompence to the same partie and that therefore in this triall hée will fauour him and be a meane of Periurie and therefore if the Iuror be challenged for that cause he shall be drawen And some doe affirme the same cause of challenge and feare of Periurie to be 7. H. 6. 40. 19. H. 6. 66. if a Iuror hath béene godfather to either of the parties to that triall or to any childe of his 14 The Lawe expecting to be satisfied per Veredictum Iuratorum of the trueth of such causes as doe come to an issue dooth carefully foresée that those Iurors who are to deliuer the trueth by their verdict Periurie suspected in respect of ignorance of the cause should either before the time of the triall vpon their owne priuate knowledge or by their Euidence at the time of the triall be certainely informed of that trueth of the thing in question lest by ignorance mistaking falshoode for trueth they should slide into Periurie And because those that be dwelling or haue some land where the land lease or thing in question doth lie are more likely to haue intelligence of the trueth of the cause in question both to satisfie themselues and informe their Companions than other strangers of the same Countie are who dwell farre off the Lawe hath ordained by the Statute of Anno 27. Elizab. That there shall be sixe sufficient Hundredors impannelled vppon euery Issue ioyned which is to be tried in any of the Courts of the Kings Bench Stt. 27. El. 6. Common Pleas and the Exchequer Want of Hundredors or before the Iustices of Assise in all cases where euerie Iuror by the auncient lawes of this Realme ought to haue fortie shillings of fréeholde at the least And that at or vppon the triall of any personall action there shall two sufficient Hundredors at the least appeare And for that cause if in those cases there be not so many Hundredors at the least the Lawe doth conceiue they be ignorant of the truth of the Issue in triall And to that end for the auoiding of Periurie she will reiect the whole Iurie if they be challenged And so it is in an Assise where the plaintife is to be put in possession per Visum Iuratorum if he recouer or in any action where the Iurie is to haue the view of the land in question 8. Ed. 3. 69. Fitz. Chall 102. 169. if the same Iurors Want of the view or some of them had not the view of the land in question nor did know it before the Lawe will suspect that they will commit Periurie if they should be sworne séeing they be ignorant of the land and know it not in specie And therefore vpon challenge they shall be remooued 1. R. 3. 4. 15 Because our Law-makers haue in seuerall ages found by experience that nothing is a greater motiue enticement Periurie in respect of pouertie or rather inforcement to Periurie than néede and pouertie Therefore they haue endeuoured by many Statutes to prouide that such as be returned of Enquests should not onely be men of good behauiour and credite but also of conuenient liueliehoode estate and abilitie to liue of themselues for that Necessitie which hath no lawe nor bridle should not compell them to sell truth for rewardes nor to plunge themselues into Periurie for bribes And for the preuention of this Periurie in poore persons and such as bee of meane and weake estate Stt. 21. Ed. 1 by a Statute made Anno 21. Ed. 1. it was ordained That no Shiriffe Vndershiriffe or Bayliffe of Libertie shall put in any Recognisaunces of Assises Iuries Enquests or Attaints Iurors impanelled that shal passe out of their owne Counties that shall passe out of their proper County any person of their Bayliwickes except he hath lands and tenements to the yearely value of a hundred shillings at the least or that shall passe within the Countie except hée hath lands to the yearely value of xl s. And for the same cause vpon the same reason of preuention of periurie in poore and néedy persons by a Statute made Anno 3. H. 5. it was established St. 3. H. 5. 3 That no persons shall be admitted to passe in any enquest vpon triall of the death of a man or in any enquest betwéene partie and partie in plea reall or in plea personall whereof the debt or dammages declared do amount to xl Markes if the same person hath not lands and tenements of the yerely value of xl s̄ aboue all charges so that he be challenged for that cause by the party But by the Statute of An̄ 23. H. 8. St. 23. H. 8. 13. euery person being the Kings naturall subiect borne which by the name of a Citizen a fréeman Iurors to try felonies in corporat townes or any other name doth inioy the liberties of any Citie borough or town corporat where he dwelleth being worth in goods to the cléere value of xl li. shall be admitted in triall of Murders and felonies in euery Sessions and gaoles of deliuery kept in and for the libertie of such Cities Boroughes or Townes corporat albeit he hath no fréehold But this Act extendeth not to any Knight or Esquire dwelling abyding or resorting in or to any such citie borough c. And by the Statute of An̄ 27. Eliz. it was enacted Sta. 27. El. 6. That in all cases where any Iuror to bee returned for the triall of any issue or issues ioyned in any of the Courts of the Kings Bench common Pleas the Exchequer or before Iustices of Assise by the Lawes of the Realme now in force ought to haue estate of fréehold in lands Where Iurors must haue 4. li. land tenements or hereditaments of the cléere yerely value of xl s̄ in euery such case the Iurors that shal be returned shall euery of them haue estate of fréehold in lands c. to the cléere yearely value of foure pounds at the least out of auncient demesne within the Countie where the issue is to be tried By the Statute of 11. H. 7. it is prouided St. 11. H. 7. 21. That no person shal be impannelled summoned or sworne in any Iury or Enquest in Courts within the citie of London Iurors in London except he be of lands tenements goods or cattels to the value of xl Markes And no person shall be impannelled summoned or sworne in Iuries or Enquests in any Court within the said Citie for lands or tenements or action personall wherein the debt or dammages amounteth to the summe of xl markes except he be in lands tenemēts goods or cattels to the value of one hundred marks St 19. H. 7. 13. By the Statute of Anno 19. H. 7. it was ordained That euery of the xxiiij persons dwelling within the shire where any riot
The penaltie for committing of wilfull periurie vnlawfull procurement sinister perswasion or meanes of any others or by their owne Act Consent or Agreement shall wilfully and corruptly commit any manner of wilfull periurie by his or their deposition in any of the Courts before mentioned or béeing examined ad perpetuam rei memoriam Then euerie person or persons offending shall for his or their said offence loose and forfeit twentie pounds to the King and the partie grieued hindered or molested by reason of any of the offences before mentioned that will sue for the same by A. B. P. or I. in any of the Kings courts of Record wherein no W. E. P. or I. shall be allowed and shall haue sixe months imprisonment without Baile or Maineprise And the oath of such person or persons so offending from thenceforth shall not bee receiued in any court of Record within England or Wales or the Marches of the same vntill such time as the iudgement giuen against the said person or persons shall be reuersed by Attaint or otherwise And vpon euery such reuersall the parties grieued to recouer his or their dammages against such person and persons as did procure the said iudgement so reuersed to be giuen against thē by action to be sued vpon his case And if the said offendor haue not any goods or cattels to the value of xx l. then he shall be set on the Pillorie in some market place within the shire citie or borough where the said offence shall be committed by the Sherife or his ministers if it be without any citie or towne corporat and if it be within any citie or towne corporat then by the head officer or officers of the same citie or c. or by his or their ministers there shall haue both his eares nailed and from thenceforth be discredited disabled for euer to be sworne in any of the courts of Record aforesaid vntill the iudgement shall be reuersed and thereupon shall recouer his dammages in manner and forme before mentioned In what courts Periurie shall be punished 23 As well the Iudge and Iudges of euery such of the said courts where any such suit is or shall be Sta. 5. El. 9. and whereupon any such periurie is or shal happen to be committed as also the Iustices of Assise and gaole deliuery in their seuerall circuits and the Iustices of the peace in euery countie within this realm or in Wales at their Quarter Sessions both within liberties and without shall haue authoritie by vertue hereof to enquire of all and euery the defaults and offences committed contrarie to this act by inquisition presentment bill or information before them exhibited or otherwise lawfully to heare and determine the same and thereupon to giue iudgement award processe and execution of the same according to the course of the lawes of this Realme Proclamatiō of this Statute 24 The Iustices of Assise of euery circuit within this Realme shal in euery countie within their circuits two times in the yeare St. 5. El. 9. viz. in the time of their sittings make open Proclamation of this Statute or of the effect thereof to the intent that no person shal be ignorant of the penalties herein contained Periurie punished in the spirituall court 25 Prouided that this Act or any thing therein contained St. 5. El. 9. shall not extend to any spirituall or Ecclesiasticall court within this Realme of England or Wales or the Marches of the same but all and euery such offendor and offendors as shall offend in forme aforesaid shall and may be punished by such vsuall and ordinarie lawes as heretofore hath bin and yet be vsed in the said Ecclesiasticall court any thing in this Act c. notwithstanding Periury punishable in the Starchāber 26 Prouided that this Act shall not extend to restraine the power or authoritie giuen by Act of Parliament made An̄ 11. H. 7. Sta. 5. El. 9. St. 11. H. 7. 25. to the Lord Chauncelor and others of the Kings Councel to examine and punish riots routs hainous Periuries and other offences which haue vsed to heare and determine such matters in the Starre-chamber at Westminster nor to restraine the power of the Lord President and Councell in the Marches of Wales or in the North nor of any other Iudge hauing absolute authoritie to punish Periurie before the making of this Statute But But they and euery of them shall procéede in the punishment of all offences heretofore punishable in such wise as they might haue done and vsed to do before the making of this Act to all purposes so that they set not vpon the offendors lesse punishment then is contained in this Act. 27 Because by the said statute of 5. Eliz. 9. there is no Ordinance made for the punishment of those Bankrupts who being sworne and examined vpon Interrogatories by Commissioners thereunto authorized shall commit Periurie Nor for the punishment of those witnesses who either by the procurement of others or by their owne consent shall commit Periurie being examined by the said Commissioners touching Bankrupts goods or debts Therefore by a statute made Anno 1. St. 1. Iac. 15. Iac. it was ordained That it shall be lawfull for the Commissioners authorized vnder the great Seale of England or the greatest part of them to take order with Bankrupts bodies lands tenemēts and hereditaments money goods cattels wares and debts to examine the said offendor or offendors vpon such interrogatories touching the lands tenements goods cattels and debts bils bonds bookes of accompt and such other things as may tend to disclose his her or their estate or the secret graunts cōueyances and eloigning of his her or their landes tenements goods money and debts as they shall thinke méet And if therein the offendor or offendors shall refuse to be examined or to answer fully to euery interrogatorie to him to be ministred by the said Commissioners or the greater part of them it shall be lawfull for the said Commissioners or the greater part of them to commit the said offendor or offendors to some strait or close imprisonment there to remaine vntill he she or they shall better conforme him or her selfe And if vpon his her or their examination it shal appeare that he she or they haue committed any wilfull or corrupt Periurie tending to the hurt or dammage of the creditors of the said Bankrupt Periury punished in Bankrupts to the value of tenne pounds of lawfull money of England or aboue the party so offending shall or may thereof be indited in any of the Kings Courts of Record and being lawfully conuicted therof shall stand vpon the Pillory in some publike place by the space of ij houres and haue one of his eares nailed to the Pillory and cut off And by the same statute of Anno 1. Iac. it is further established That if any person or persons other then the Bankrupt either by subornation vnlawfull procuremēt sinister persuasion
of their office or occupation Nor to any Liueries or Badges giuen in the defence of the King and his Realme Nor to the Constable or Marshal for giuing any Badge Liuerie or token for any feats of armes to bee done within this Realme Nor of any Wardens of the Marches toward Scotland for any Badge Liuerie or token by thē giuen frō Trent Northward at such time onely as shall be necessarie to leuie people for the defence of the Marches St. 7. H. 4. 14 And by the stat of anno 7. H. 4. it was ordained That no congregation or companie shall make any Liuerie of cloth or of hats at their owne costs vpon paine that euerie of the same congregation or companie shall forfeit fortie shillings except Guilds and Fraternities and also people of Artes and Sciences within Cities and Boroughes which be ordained to a good intent 13 As the wisedome of the Realme hath established from one age to another the foresaid lawes and statutes Publishing inquiring of and punishing of maintenāce for the repressing or snibbing of Champertie Embracerie buying of titles and all other sorts of Maintenance so hath she prouided trumpets to sound out and publish those laws into the ears and sinke them into the hearts of all people and secondly shee hath assigned watchmen and sentinels to sée who infringed those lawes and lastly she hath ordained Censors and Iudges to punish the offendors therein as it appeareth by the before specified statute of anno 32. St. 32 H. 8. 9 H. 8. wherby it is enacted That the Iustices of Assise shall in euerie Countie within their circuits two times in the yeare viz. in the time of their sittings for taking of Assises or deliuerie of the Gaoles cause open proclamation to be made as well of the said statute and euerie thing therin contained as also of all other statutes heretofore made against vnlawfull maintenance champertie embracerie or vnlawfull retayners to the intent that no person hearing the same should be ignorant or misconisant of the dammages and penalties therein contained And by the former rehearsed statute of anno 8. St. 8. Ed. 4. 2 E. 4. it is ordained That euerie person which will sue against any other for any offence committed contrarie to that statute or any other of the premisses viz. any other ordinance or statute before that time made against any persons for giuing or receiuing of Liueries or Badges before the Kings Iustices in his Bench before the Iustices of the Common Pleas Iustices of peace in their Sessions Iustices of Oier and Terminer and Gaole deliuerie Iustices of the countie Palantine of Lancaster and Chester and in the Court of Hexamshire and in the Court of the Bishop of Durham in the Countie Palatine of Durham shall be admitted thereunto by the discretion of the said Iudges to giue information for the king of any of the premisses committed within the iurisdiction of the same Courts And euerie Informer shall be admitted to sue for the King and himselfe action or actions vpon the same by information in any of the said Courts against as many such offendors in one Bill of Information as liketh him which Information shall be in stead of a Bill or originall writ wherein such Proces shall bee awarded as in an originall writ of Trespasse but that in the Counties Palantine of Lancaster and Chester nor in Duresme no Exigent shall be awarded vpon any information suit or proces to be made by force of this ordinance And if any be or any Outlawrie thereupon pronounced the same shal be void without any writ of Error And if any of the offendors be present in any of the said courts any of the Iustices may cōmaund him to be brought to answer to such bill vpon such information by an othe first to be taken vpon a booke by such informer before some one of the Iudges that his complaint is true without any other or further proces therein And euerie of the same Iudges within his iurisdiction may by his discretion examine euerie of the defendants vpon such information and iudge him conuict as well by examination as by triall and the King shal haue the one halfe of the forfeiture if it be not in a citie or towne corporat that hath the same by the grant of the king or c. and the informer the other halfe which also shall recouer his costs by the Iudges discretion and execution thereof as in recoueries vpon debt or trespas wherin no Essoine or Protection shall lye And the Maior Sherife Bailife or other chiefe officer of euerie citie borough towne or port within this realm hauing power to heare and determine personall pleas in the court holden before them or any of them within any such towne haue authoritie to receiue information of any person which offends in the premisses and to heare determine as wel by examination as by triall all things done concerning the same by or to the inhabitants within the iurisdictiō of the same court to put this stat for those offences prouided in execution And the King shal haue the one moitie of all penalties forfeited by the said stat and the Informer chiefe officers of such citie borough c. shall haue the other moitie equally to be diuided betwixt them And the said chiefe officers part shal be imployed to the vse the said citie borough towne or port c. And sithence the foresaid lawes statutes by one other stat ordayned an 33. Iust of peace may inquire of and punish maintenance H. 8. and confirmed an 37. H. 8. it was enacted St. 33. H. 8. 10. 37. H. 8. 7. That Iust of peace at their Quarter Sessions shal haue authoritie to inquire as wel by the othes of xij men as by information giuen to them by any person or persons of defaults contempts offences cōmitted against the lawes statutes made and prouided concerning or in any wise touching retainers giuing of liueries signs tokens or badges maintenance embracerie c. and euery of them to heare determine the said defaults offences c. And vpon any information touching the penalties or any of them to make proces by Venire fac ' one Capias an Exigēt vnder their seals against euery such person persons against whom such information or presentment shal be had for their apparance before them in their Sessions to answer to such information or presentment as shall be there made And if the person or persons so accused by information or presentment shal be conuicted vpon such information or c. by confession or verdit of xx men then the said Iust haue power to giue iudgemēt against euery such offendor so conuicted of imprisonment forfeiture of money or both of them as are limited by the said seuerall statutes for such offences whereof they are conuict and to cause execution therof to be made accordingly Why the pursuing of maintenance is left out
orphans within the City of London or any other City Borough or Towne where Orphans Orphans are commonly vsed to be prouided for either by grant or by custome But the Lord Maior of the city of London and the Aldermen of the same and euery other head Officer of any other Citie c. where such Orphans be prouided for shall and may haue take like rule order kéeping and charge of such Orphans and of all their lands tenements goods cattels as heretofore they vsed or lawfully might haue had vsed if this act had not bin made There was grandmother a widdow mother a widdow ij daughters Co li. 3. 37. the grandmother being seised of certain land in sée holden in socage did by her last wil in writing bequeath the same to the said ij daughters to the heirs of their ij bodies begotten by euen portions equally to be diuided the remainder to the mother being her sole daughter and heire apparant her heires and after the mother maried a second husband and then the grandmother dyed after whose death both the said daughters entred into the said lands so deuised vnto them and then the yonger daughter being betwéene the age of xiiij and xvj yeares and liuing in house with her father in law and mother of her owne will and forwardnesse and with the consent and agréement of her father in law departed foorth of his house in a morning and the same day in another place maried a husband In this case it was adiudged that the said yonger daughter had forfeited her moitie or halfe part of the said lands so deuised vnto her The daughters forfeiture for mariage without her mothers consent by her contracting of Matrimonie and that her said mother should take the benefit of the said forfeiture for the mother had the custodie and gouernement of the said daughter at the time of the said contract by the special words and prouision of the said statute which gouernment was annexed to the person of the mother Iure naturae and was not transferred to her second husband by her mariage as her lands and goods were and so her husbands consent was not materiall nor that consent which the meaning of the makers of that statute did respect and prouide for And though the daughter was forth of her mothers house at the time of the contract of mariage yet in the iudgement of law the mother had then the custodie of her which was inseperable from her person And seeing the foresaid stat of 4. St. 4. 5. P. M. 8. 5. P. M. doth giue the forf to the next of the kin to whom the inheritance should discend or come after her decease during the life of such person that so shall contract matrimonie therfore the partie must be of the blood next of the blood to whom the inheritance vpō such forf shal discend or come which is the mother not the eldest sister for administration may be grāted of the goods of the son or of the daughter dying intestat to the father or mother as to the next of the blood of the party deceased according to the stat of an 21. H. 8. 5. And further though the elder sister be of kin to the yonger yet in this case if the yonger haue any issue her land should discend to her issue and if she haue no issue it should remaine to her mother for that the elder and yonger sisters were tenants in common in taile though they neuer made partitiō indeed the remainder therof to their mother in sée by force of the said deuise of their grandmother who by her will meant and ordained that the land should bee diuided and that one of them should not enioy the whole as suruiuor to the other 41 Hauing written of deceits and frauds practised or performed by some particular persons to others as by the tenant to his Lord Seuerall deceits prohibited by seuerall Statutes the debtor to the creditor the seller to the purchaser the lessor to the lessée c. I am now to expresse and discouer some other guiles frauds and falshoods which the offendors therin do endeuor to put in vse or practise not onely against any one two or more speciall persons as in the cases aforesaid but against euery person that shall put them in trust or otherwise shall haue occasion to vse them or theirs which our stat lawes haue accused and condemned to be offences and haue inflicted vpon the transgressors thereof seuerall punishments As by the stat of Anno 9. St. 9. H. 5. 8. H. 5. falsifiers and counterfeiters of deceitfull and vntrue weights Counterfeiting of weights deceitfull being attainted thereof shal be taken by Iust of peace Sherifes Eschetors other cōmissioners kept in prison without mainprise vntil they haue made fine and ransome according to the Iust discretion St. 23. H. 8. 4 By the stat of An. 23. H. 8. If any diminish a barrell a kilderkin or firkin to the deceit or hurt of another Deceit by diminishing of a vessell by taking out the head or any staffe he shal forf iij. iiij d. and be punished by the discretion of the chiefe officer Deceitfull things vpon fustian before whom the offence shall be presented and the vessell shall be burned By the stat of An. 11. H. 7. Sat. 11. H. 7. 27. If any denizen or forreiner shall vse yrons or other deceitfull thing vpon fustians vnshorne to breake off the nap and cotton of the same but onely the broad shéeres he shall forfeit for euerie offence twentie shillings to the king and him that will sue By the statute of Anno 18. Deceit in goldsmithes work◠El. If any Goldsmith doe make any Goldsmithes worke Sta. 18. El. 14 or plate which shall be touched marked or allowed for good by the Wardens or Masters of that Mysterie and that in the same there shall be found any falshood or deceit then the sayd Wardens and Corporation shall forfeit the value of the thing exchanged or sold to the king and the partie grieued By the Statute of Anno 1. Deceitfull vsing of linnen cloth Eliz. If any do cast or cause to be cast St. 1. El. 12. any péece of linnen cloth ouer a péece of timber and doth by any deuice racke draw and stretch the same of length and bredth and then doth beat it and cast deceitfull liquors mingled with chalke or other things vpon it or doth vse any other deceitfull thing wherby it shal be the worse for the vse thereof then he shal forf the same to the K. and him that will sue for it be one moneth imprisoned at the least and pay such fine as shall be assessed by the Iustices before whom he is condemned By the Statute of Anno 19. Deceits in weights or beames for pewter or brasse H. 7. St. 19. H. 7. 6 4. H. 8. 7. If any
4. 23. by a Statute made Anno 2. H. 4. it was declared That the said Marshall may take the fees héereafter following viz. of euery person which commeth by Capias to the said Court iiij d and if he be let to mainprise vntill his day ij d more And of euery person being defendant which is impleaded of Trespas and findeth two Mampernors to keepe his day vntill the end of the plea ij d. And of euery person committed to prison by iudgement of the steward in whatsoeuer maner the same be iiij d and of euery ptrson deliuered of felony iiij d and of euery felon let to mainprise by the Court iiij d. But if the Marshall or any of his officers vnder him doe take any other fées than are before declared the said Marshall and euery of his officers shall lose their offices A Seruitor of bills in the Marshals Court. and also pay to the partie gréeued treble dammages for the which the said party shall haue his sute before the Steward of the said Court for the time being A seruitor of bills which beareth a staffe of the Court shall take for euery mile from the said Court vntil the same place where he shall do his seruice j. d and for xij miles xij d to serue a Venire facias or a Distringas out of the same court the double And if any Seruitor of Bills do the contrary he shall be imprisoned and make fine to the K. after the discretion of the Steward of the same court and also be foreiudged and banished the same court All which articles the steward at his comming into the country hath authoritie to proclaime and put in execution 21 And for that the kings of this realme haue from time to time bestowed vpon such as they assigned to be muster masters or captains in times of wars liberall and bountifull stipends and allowances the rather to the intent they should not exact or make a pray of such as should be or then were souldiers Therfore to preuent such like exaction by a statute made An̄ 4. 5. St. 4. 5. P. M. 3. P. M. it was ordained Muster masters exacting mony to spare souldiers That if any person which shall be commanded by the Q. her heirs or successors by commission leters or otherwise authorized to leuy muster or to make men to serue in her warres or otherwise for the defence of this Realme do by any meane exact leuie receiue or take or cause to be taken any mony or other reward or thing whatsoeuer of any persō for seruice in wars or that shal be appointed named or mustred to serue in any such seruice or for the sparing or discharging of such person from the said seruice then he shall forfeit ten times so much as he shall receiue exact or take to the Q. I. to be recouered by A.I. c. wherein no W.E.P. If any captaine petit captaine or other hauing charge of men shall for any aduantage or gaine by him to be receiued discharge or licence any of the men or souldiers appointed to serue in the warres vnder his rule or order to depart from the said seruice or shal not pay vnto his souldiers Exacting by captaines of their souldiers to euery of thē their full whole wages conduct and coat mony within x. daies next after he shal haue receiued the same then the party offending in giuing such licence or discharge shall forfeit for euery such offence x. times the value of the thing so receiued to the Q. I. to be recouered by A. I. wherin no W.E.P. c. And also he shal pay vnto euery such souldier from whom he shall with-hold any such wages conduct or coat money treble the summe so with-holden Extortion by taking of scauage of merchants 22 Because Scauage otherwise called Shewage was many times wrōgfully and extortiously taken by Magistrates of cities and corporat townes of merchants that transported or brought their marchandizes thither therefore by a statute made Anno 19. H. 7. it was prouided That if any maior shirife St. 19. H. 7. 8 bailife or other officer in any city borough or towne within this realme doe distraine take or leuie any custome called Scauage or Shewage of any merchant denizen or of any other the K. subiects denizens for any merchandize to the K. before truly customed that is brought by land or water to be vttered in any citie borough or towne in this land or if any maior shirife bailife or other officer in any city borough or towne for non paiment of the said scauage let or disturbe any merchants or any other persons denizens to sel and vtter their merchandize by them brought into any city borough or towne then he which offendeth shal forfet for euery offence xx l. to the K. the party grieued or any other that wil first sue by A. of debt in any shire wherein no W.E.P. shal be allowed But the maior shirifes cōmunalty of London and euery of them shall haue such summes of mony for scauage of euery person denizen as of right they ought to haue 23 Euery of the chiefe Iustices of the Kings Bench and Common Pleas and the maior of the Staple at Westminster and the Recorder of the Citie of London before whom any obligation being of the nature and force of a statute Staple shall be recognized St. 23. H. 8. 6 according to the statute of An̄ 23. H. 8. The Iustices Clarks fee vpon euery Recognisance shal take for euery such Recognisance iij. s̄ iiij d the clarke that shall write make and inroll the same iij. s̄ iiij d and for the certificat of euery one such obligation xx d. And if any of the said Iustices Maior Recorder or Clarke take of any of the K. subiects aboue the summe or summes to them limited by this statute then the same offendor shal forfeit for euery time so offending xl l. to the K. and I. to be recouered by A. I. wherein no W.E.P. c. And by the Stat. of An̄ 27. St. 27. Eli. 4. Eli. it was further ordained That no Clarke of the same Recognisances shall or may take for or in respect of any search to be made for or concerning any statute Merchant or of the Staple The Clarkes fée for search brought vnto him to be entred aboue ij d for one yéers search so after the rate of ij d for euery yéere not aboue vpon paine to forfeit lose to the partie or parties grieued twentie times as much as he shal take contrary to the true meaning of this Act to be recouered in any of the K. courts of Record by action of debt B. P. I. wherein no W.E.P. 24 Because it is well perceiued that learned and expert Atturnies be necessarie members in our State and great meanes to further iustice and to bring sutes to their expected ends and that they must therefore
grainers or houses such corne of the kindes aforesaide as without fraud or couin shal be bought at or vnder the prices before expressed any thing in this Act to the contrary notwithstanding Prouided alwaies that this Act Within what time the sute shal be commenced or any thing therein contained extend not to charge any person or persons for any the offences aboue mentioned vnlesse he or they be sued for the same within two yeares next after such offence done or committed 5. 6. Ed. 6. 14. Prouided alwayes that it shall be lawfull to euery of the kings subiects now dwelling inhabiting Buying and selling of fish neere the sea or that héereafter shal dwel and inhabite within one mile of the maine Sea to buy all manner of fish fresh and salted not forestalling the same to sel the same againe at reasonable prices this Act or any thing therein contained to the contrarie in any wise notwithstanding Prouided also Drouers licenced may buy and sell cattle that it shall be lawfull to all and euery person and persons knowne to be a common Drouer or Drouers being licenced or authorized and allowed in writing by thrée Iustices of peace whereof one to be of the Quorum of the Countie or Counties where the same Drouer or Drouers shall be most abiding and dwelling to buy cattell in such Shires and Counties where Drouers haue béene wont in times past accustomably to buy cattell at their frée liberties and pleasures and to sell the same as is aforesaid at reasonable prices in common faires and markets distant from the place or places where he or they shall buy the same fortie miles at the least so that the same cattell be not bought by the way of forestalling Prouided alwaies that such licence of the Iustices of the Peace shall not endure aboue one yeare The continuance of a licence vnlesse the same be yearely renewed by so many Iustices as is aforesaid St. 5. El. 12. 12 Because since the making of the foresaid Statute of An̄ 5. 6. Ed. 6. diuers persons by their owne sute were licenced to become drouers of cattel badgers laders kidders cariers buiers or transporters of corne graine butter and chéese thereby to liue easily and to leaue their honest labour in husbandry or manuall occupations and also to inhaunce the prices of corne graine and other victualls Oppression by badgers kidders laders cariers by which meanes they oppressed the common-wealth only to procure vnto themselues both wealth and ease for the redresse whereof by a Statute made Anno 5. Eliz. it was enacted That if anie licence shall be made to any badger lader kidder or carier of corne drouer of cattell buyer or transporter of corne and graine butter or chéese otherwise than in the generall and open Quarter Sessions of the peace holden in the shire where the partie admitted doth Obseruations necessarie in all licences and by the space of thrée yeares before the Teste of his Licence hath dwelled Or other than to such person as is or hath béene married is a housholder no houshold seruant or retainer thirtie yéeres of age at the least Or to haue continuance for more than one yéere or which beareth not date the day and place where the Sessions be holden Or is not signed and sealed with the handes and seales of thrée Iustices of peace being present at the same Sessions at the least whereof one to be of the Quorum the same Licence shall be voide And the party which taketh the same shall forfeit fiue pounds And no person shall vpon the paine of the forfeiture of fiue pounds by the authoritie of such Licence buy any corne out of open faire or market to sell the same againe except he be thereunto specially licenced by expresse words in his licence The moitie of which forfeitures shall be to the Q. her heires and successors and the other moitie to him or them that will sue for the same in any of the Q. Courts of Record by B.P.A. or I. wherein no W.E.P. c. But this Act shall not extend to preiudice the liberties of any citie or towne corporat but euery of them may lawfully assigne and licence Purueiors for the prouision of the same citie or towne as they might haue done before Neither shall this Act be preiudiciall to the Inhabitants within the Counties of Westmerland Comberland Lancaster Chester Yorke or any of them but they may doe as they haue vsed to doe And the Iustices of peace in euery Countie within this Realme or Wales shall haue authoritie to inquire heare and determine all offences committed contrary to this statute by inquisition presentment bill or information before them exhibited and by examination of two lawfull witnesses and to make processe thereupon as though they were indited by inquisition or verdict c. Oppression of Printers and Stationers 13 Though by the Statute of Anno 1. R. 3. St. 1. Ri. 3. 9. licence was giuen to aliens and strangers to bring books into this Realme and to sell and retaile them at their liberties for that there were then few Printers or skilfull binders of bookes within this Realme But séeing since there haue béene and are many expert and cunning Printers and skilfull binders of bookes within this Realme who haue wholly addicted themselues to the saide trades and made it their whole or chiefe liuing and therefore to bring into this Realme anie printed bookes bound or for any stranger to bring bookes into this Realme to be by them sold by retaile were a great oppression and preiudice to the Stationers and also the same bookes would be so much the dearer and so hurtfull to others who should buy those of them Therefore by a Statute made Anno 25. Oppression by Printers or Stationers H. 8. it was ordained St. 25. H. 8. 15. That if any person resiant or inhabitant within this realme shal buy to sell againe any printed bookes brought from any parts out of the Kings obedience ready bound in boords leather or parchment hée shall forfeit for euery booke bound out of the Kings obeisance and brought into this Realme and bought by any person within the same to sell againe vj. s̄ viij d to the King and the party that wil seise or sue for the same in any of the Kings courts of Record by B.P.I. c. wherein no W.E.P. c. And if anie person inhabitant or resiant within this realme shall buy within this realme of any stranger borne out of the kings obeisance other than of denizens any printed bookes brought from any parts beyond the sea except only in grosse and not by retaile he shal forfeit for euery booke so bought by retaile vj. s̄ viij d to the King and the party that wil seise or sue for the same in any of the kings courts of Record by B.P. or I. c. wherein no W.E.P. c. The said forfeitures to be
made of tinne or pewter within any part of this Realme vpon paine of forfeiture of tenne pounds to the vse of the K. and I. to be recouered by A.I. wherein no W.E.P. and also vpon paine of forfeiture of the same pewter or tinne so wrought in whose handes soeuer it be found or taken A pewterer shall not goe to dwell in an other realme and no persons borne within this Realme occupying the said craft of Pewterers shall resort into any strange countries there to teach or exercise the said craft of pewterers vpon paine to loose the priuiledge and benefit of an English man 17 Because complaint was made in Parliament that Linnen Drapers Woollen Drapers Haberdashers Grocers and Mercers dwelling in the Country out of cities boroughs towne corporat and market townes did not only occupie the art and mysterie of the said Sciences in the places where they dwelt but also came vnto the said cities boroughes townes corporat and market townes and there sold their wares and tooke away the reliefe of the inhabitants of the said cities market townes c. to the great decay oppression and vtter vndoing of the inhabitants of the same For the reformation whereof Oppression of inhabitants of market townes by a Statute made Anno 1. 2. P. M. it was enacted St. 1. 2. P. M. 7. That no person dwelling in the Countrie any where within England out of any cities boroughs townes corporat or market townes shall sell or cause to be sold by retaile any woollen cloth linnen cloth Haberdash wares Grocerie wares or Mercerie wares at or within any of the said cities boroughs townes corporat or market townes or within the suburbs or liberties thereof except it be in open faires vpon paine of forfeiture for euery time so offending the summe of vj. s̄ viij d and the whole wares so sold profered and offered to be sold contrarie to the intent of this Act whereof one moitie shall be to the King and the other moitie to him or them that will seise or sue for the same in any of the Kings Courts of Record by A.B. P.I. or otherwise wherein no W.E.P. c. But this shall not be hurtfull to any persons that bring any of the said wares to any of the said cities market townes c. to be sold by whole sale in grosse and not by retaile but euery of them may lawfully sell the same by whole sale in grosse and not by retaile as they might haue done before Neither shall this Act extend to any persons that dwell in the Country out of any of the said cities boroughs c. but euery of them at any time when he shal be frée of any of the guildes or liberties of any of the said cities market townes c. and dwell within any of them shall or may sell or cause to be solde any of the wares aforesaid by retaile Neither shall this Act be preiudiciall to the priuiledges of the vniuersities of Oxford Cambridge or either of them And it shall be lawfull to all persons to sell or cause to be sold by retaile or otherwise all linnen or woollen cloth of their owne making Cloth of their own making in euery Citie Borough Towne corporat and Market Towne as fréely as they might haue done before St. 25. H. 8. 13 18 It appeareth by the words of the stat of An. 25. H. 8. That for one man to get and take into his hands diuers farmes which were ordained prouided habitations and liuings for diuers men Or for one man to get into his possession many pastures or walkes for shéepe by the occupying wherof seueral persons before had liued was accounted a most grieuous heinous oppression to tend to the high displeasure of almighty God to the decay of hospitalitie to the diminishing of the kings people to the let of cloth making whereby many poore people did liue and to turne incline to the vtter desolation destruction of this realme for the redresse whereof by the same statute it was ordained That no person or persons shal receiue or take in farme for terme of yeres life or at will by indenture copy of Court Roll or otherwise any more houses or tenements of husbandry wherunto any lands are belonging in town village hamlet or tything within this realme aboue the number of two such holds or tenements and no manner of person shall haue or occupie any such holds so newly taken to the number of two as is before expressed Oppression by taking of seuerall farmes except he or they be dwelling within the same parishes where such holds be vpon paine of forf for euery wéeke that he or they shall haue occupy or take any profits of such holds 3. s̄ 4. d. whereof the one moity shal be to the king the other to the party that wil sue for the same in any of the K. Courts by A.B.P.I. or otherwise within one yéere next after such offence cōmitted St. 4. H. 7. 16 And by the stat of An. 4. H. 7. it was established That if any person doe take any seuerall farmes more then one of any manors lands tenemēts parsonages or tythes within the isle of Wight Taking of farmes in the isle of Wight whereof the farme of them altogether shal excéed the summe of x. markes the lessée shall forf to the king for euery such taking xl l. St. 25. H. 8. 13 19 And for the reasons last specified the said stat of an 25. H. 8. did also ordaine That no person shall kéepe occupy Oppression by kéeping of many shéepe or haue in his possession in his owne proper lands nor in the grounds of any other which he shall haue or occupy in farme nor otherwise haue of his owne proper cattell in vse possession or property by any manner of meanes or couin aboue the number of two thousand shéepe at one time within any parts of this realme of all sorts kinds alwais accounting 6. score to the hundred and 10. such hundreds to the thousand vpon paine to forf for euery shéepe that any person shall haue or keepe aboue the number limitted by this act 3. s̄ 4. d. to the king and such as will sue for the same by A.B.P.I. in any court of Record wherein no W.E.P. c. So that the suit be commenced for the king within thrée yéeres for a subiect within one yéere next after the offence committed But lambes Lambes vnder the age of one whole yéere and as much as shal be from the time of the falling of them vnto the feast of the Natiuity of S. Iohn Baptist shal not be taken for shéepe prohibited by this statute St. 25. H. 8. 13 If any person hauing shéepe of his owne happen to be made executor or administrator to any person which had shéep at his death Shéepe comming by executorship or mariage or happen to be maried to
an 16. R. 2. 1. were made prouided to giue liberty protection safety to aliens strangers to defend them from wrongs and oppressions St. 23. El. 5. 23 It appeareth by the preamble of the stat of A. 23. Oppression by making of yron workes Eliz. that by the erection of sundry yron mils in diuers places of this realme not far distant from the city of London from the downes sea coasts of Sussex the necessary prouision of wood as well timber fit for building other vses as also all other fellable woods seruing for fuell doth daily decay become scant to the great dammage oppression of the city of London the suburbes of the same of al other persons hauing occasion daily to resort thither from all the parts of this realm for the remedy whereof by the same statute it was enacted That no person or persons shal conuert or imâ—loy or cause to be conuerted or imploied to coale or fuell for the making of yron or yron mettall in any yron mils furnace or haÌ„mer any maner of wood or vnderwood now growing or which hereafter shall grow within the coÌ„passe of 22. miles from and about the city of London or the suburbes of the same or within 22. miles of the riuer of Thames from Dorchester in the couÌ„ty of Oxford downward the same riuer of Thames or within foure miles of the foot of the hils called the Downes betwixt Arundell and Pemsey in the county of Sussex or within foure miles of any of the towns of Winthelsey and Rie or within two miles of the towne of Pemsey or within two miles of the towne of Hastings in the said County vpon paine to forfeit for euery load of Wood so to be imploied or conuerted into coale or other fuell for the making of yron or yron mettall in any yron mill furnace or hammer as aforesaid xl sÌ„ to the Qu. and I. to be recouered by A.B.P.I. wherein no W.E.P.I. c. But this Act shall not extend to any Woods growing or to grow in any such parts of the Wields of Surrey Sussex or Kent within the said 22. miles of the said Citie of London and the riuer of Thames as is distant aboue 18. miles from the Citie of London and 8. miles from the sayd riuer of Thames St. 23. El. 5 And by the same statute it was moreouer ordained Oppression by new yron workes That no new yron works shal be erected within 22. miles of the said city of London nor within 14. miles of the foresaid riuer of Thames nor within 4. miles of the Downs aforesaid or of the said towns of PeÌ„sey Winchelsey Hastings or Rie vpon paine of an hundred pounds to be likewise recouered and emploied as is aforesaid But this act shal not extend to any woods or vnderwoods of Christopher Darrell growing or which shall grow in the parish of Newdigate And for the causes and reasons aforesaid by one other stat made An. 27. St. 27. El. 1 El. it was further enacted That no person or persons shall make erect build or new set vp at or in any place within the counties of Sussex Surry or Kent or any of them any manner of yron mils furnace finary or bloomary for the making or working of any maner of yron or yron mettall other then either vpon such old former baies or pennes whereupon hath lately bin or at the time of the new erection shal be then standing some yron mils surnace or hammer or els in and vpon such lands as the party or parties so erecting any such inteÌ„ded new worke shall continually furnish the same with sufficient supply of his or their owne wood standing and growing vpon his or their owne soile or land being to him or them in fée simple fée taile or for terme of life or liues without impeachmeÌ„t of wast at the least and not otherwise Nor shal conuert or imploy or cause to be conuerted to coales or other fuel for the making or working of yron or yron mettall in or about any yron mils furnaces hammers finary forge or blomarie the body or bodies of any sound timber trée or trées apt for the making of good sufficient cleft wares or sawing timber of Oke Ash or Elme growing of the breadth or bignesse of one foot square at the stub or any part of the same body or bodies of any such trée or trées vpon paine of forfeiture for euery yron mill furnace forge finarie or bloomarie made erected builded or set vp contrary to the tenor and true meaning of this act thrée hundred pounds and for euery body of such timber trée so imploied or conuerted to coale or fuell for the making or working of yron as is aforesaid xl sÌ„ to the Q. and I. to be recouered by A.B.P. or I. wherein no W.E.P. c. Prouided alwaies that it shall and may be lawfull to for the owners of such trées the bodies whereof haue béene or shal be from time to time conuerted and imployed to or for any maner of timber or cleft ware within the wields of Sussex Surrey or Kent or any of them the same not being within 18. miles of the city of London or 8. myles of the riuer of Thames or 4. myles of the townes of Rye Winchelsey or within 3. myles of Hastings or within 4. myles of the foot of the Hils called the Downes betwéene Arundel Pemsey in the county of Sussex aforesaid or any of theÌ„ to imploy the tops and offals of all such trées to or for coales or other fuell seruing to or for yron works at their owne wils and pleasures This statute or any other notwithstanding Oppression by Brewers 24 If any Ale or Béere brewer do sell or take for any barrell kilderkin St. 23. H. 8. 4 or firkin of ale or béere aboue such prices as shal be assessed by the Iust of peace of the shire or by the mayor shirife or head officer of the city borough or towne corporat where the said brewer doth dwell this is an oppression of al those that do buy the same ale béere and therefore by the stat of An. 23. H. 8. the offendor shall forfeit for euery barrell so sold 6. sÌ„ for euery kilderkin 3. sÌ„ 4. d. for euery firkin 2. sÌ„ for euery lesse vessell xij d. and for a greater then a barrell x. sÌ„ to the K. and I. Oppression of Coopers by Brewers And if any Brewer which breweth béere or ale to sell St. 23. H. 8. 4 shal by himselfe or any other to his vse occupy the mysterie of Coopers or make any barrels kilderkins firkins or other vessell of wood wherein to put his béere or ale this is an oppression of Coopers and by the said stat of An. 23. H. 8. the offendor shal forf for euery vessell to the K. and I. 3. sÌ„ 4. d. But a brewer may kéepe a Cooper to bind hoope pinne and
linguae Therefore the more to encourage Marchants to continue here and also others to come with their marchandizes into this Realme by a Statute made Anno 8. H. 6. St. 8. H. 6. 29 it was declared That the same Statute made Anno 2. H. 5. should be no wayes preiudiciall to the foresaid first statute made 28. Edw. 3. nor was not meant that it should extend to any but onely to Enquests to be taken betwéene Denizon and Denizon and not to the other Enquests or proofes mentioned in the sayd Statute of 28. Ed. 3. viz. to Enquests to be taken betwéene Denizons and Aliens And that the first statute of 28. Ed. 3. should bée effectuall stand in force and be put in execution according to the forme thereof notwithstanding the later Statute of 2. H. 5. and notwithstanding that Aliens haue not lands or tenements of the yearely value of fortie shillings according to the purport of the sayd later statute of 2. H. 5. And so by this statute want of sufficient fréehold is the cause of Challenge to Aliens which bée impanelled with English men But yet it séemeth to be a cause to challenge English men who bée impanelled with Aliens for the perclose of this Statute doth wholly relye vpon Aliens This last rehearsed Statute of 8. H. 6. willeth That the intent of the other Statute of 2. H. 5. should bée preferred before the words thereof and so the Iudges of the law haue expounded it 9. H. 6. 27. for they haue allowed a Iuror which had not fortie shillings of fréehold to bée sworne in an Enquest if others had so much land to his vse And where the words of the statute be If he hath not lands or tenements of the yearely value of fortie shillings and doth not expresse in what Countie yet they doe take it by intendment that the lands must bée in the Countie where the issue is to bée tryed 9. H. 7. 1. M. 12. H. 7. 4 H. 32. H. 8. 20. P. 21. H. 6. 39. And for that the words be in the Present tense viz. if hée hath not they doe expound it that the Iuror must haue so much land in the same Countie at that time when he is sworne for though he had so much land when he was impanelled yet if he hath aliened it or that the same was euicted from him by an auncient title before the time hee was sworne the challenge of insufficiencie shall bée allowed vnto the prisoner And whereas the foresayd statute of 2. H. 5. hath ordayned That no person shall be admitted to passe in any Enquest vpon the tryal of the death of a man if hée hath not lands of the yearely value of fortie shillings this is not meant of the tryall of the death of a man which is slaine but of the tryall of the death of a man which standeth at the barre vpon the question of his life or death And then will this challenge serue for want of sufficient lands vpon the triall of all maner of felonies and treasons By the Statute of 33. H. 8. it is enacted That he which is arraigned of treason St. 33. H. 8. 12. murder or manslaughter committed within the Verge shall haue no maner of challenge to any of the Iury malice only excepted and so shall haue no challenge for want of sufficient fréehold And in like sort it is ordained by the Statute of Anno 3. H. 7. St. 3. H. 7. 14 That hee which being the Kings seruant sworne and whose name is in the checke Roll of the Kings houshold vnder the degrée of a Lord which is arraigned for conspiring with any other to destroy any Lord of this Realme or any other sworne to the Kings Councell Or the Steward Treasurer or Controller of the Kings house shall not haue any challenge but for mallice and so shall haue no challenge for want of sufficient fréehold By a Statute made Anno 33. H. 8. St. 33. H. 8. 13. it was enacted That if a Commission of Oyer and Determiner bée directed into any County for the tryall of any person which doth confesse any Murther to thrée of the Kings Councell or is vehemently susspected thereof no challenge for the Hundred or Shire shall bée allowed vnto him But the challenge of any Iuror for lacke of Fréehold of the yearely value of forty shillings shall bée allowed as hath béene accustomed And because Trials in Murthers and Felonies in Cities Boroughes and Townes corporat within this Realme hauing authoritie in the deliuerance of such offendors were oftentimes deferred and delayed by reason of challenge made by such offendors of Iurors for lacke of sufficiency of fréehold to the great hinderance of iustice for the redresse thereof by a statute made Anno 23. H. 8. St. 23. H. 8. 13. it was enacted That euery person being the kings naturall subiect borne which either by the name of a citizen or a fréeman or any other name doth enioy the liberties of any City Borough or Town◠corporat where he dwelleth being worth in mooueable goods to the cleare value of forty pounds shall bée admitted in tryall of Murthers and Felonies in euery Sessions and Gaoles of deliuery kept in and for the liberty of such Cities Boroughes or Townes corporat albeit he hath no fréehold But this act extendeth not to any Knight or Esquire dwelling abiding or resorting to any such City Borough or Towne corporat any thing in the same act to the contrary hereof notwithstanding 5 Vpon the arraignement of a prisoner the king by his prerogatiue might haue challenged euery of the Iurors peremptorily by the common law without shewing of any cause thereof and by that challenge the same Iuror should haue béene presently drawne But this was a great mischiefe and offence to the subiect who by that meanes was infinitely delayed and had often put out of the Iury the most discréet and indifferent men which were returned for his tryall For the remedy whereof by a Statute intituled Ordinatio de inquisitionibus Challenge for the king made Anno 33. Edw. 1. St. 33. E. 1. it was established That touching Inquisitions to bée made before any Iustices wherein the king is any way a party although it bée alleadged by those which doe prosecute for the king that the Iurors of those Inquisitions or any of them bée not good for the king those Inquisitions shall not therefore remaine to bée taken But if they which doe pursue for the king will challenge any of those Iurors they shall shew a certaine cause of their challenge and the truth of that challenge whether it bée true or not shal be inquired of according to the Iustices discretion But he that doth prosecute the sute for the king néede not presently shew the cause vpon his challenge as a common person should do if he were party against the king for he may shew that cause when he hath perused the whole pannell But if he that is arraigned
any other priuat person who intrudeth himselfe without warrant to be a censor of manners rather séeketh the discredite of the partie then the reformation of his faults for this secreat searching into sifting of other mens conditions dyuing into their offences divulging them to their discredites doth conuince the offendor to be a man of lewde disposition to haue made shipwracke of his conscience doth brand him during his life with the name of an infamous Libeller or slaunderous backbiter And therefore by Gods owne commandement it is specially giuen in charge to euery of his people Non maledices principi populi tui Non fasias calumniam proximo tuo Psal 100. And king Dauid saith Detrahentem secreto proximo suo hunc persequebar And God doth threaten that he himselfe will take reuenge of the slaunderer Psal 49. saying Sedens aduersus fratrem tuum loquebaris aduersus filium matris tuae ponebas scandalum haec fecisti tacui exictimasti inique quod ero tui similis sed arguam te et statuam contra faciem tuam And as infamous libelling secret defaming be oft times the causes of grudges séeking of reuenge and thereby of quarrels in like sort words of slaunder or spéeches of disgrace openly published to the face of an other or behind his backe be also firebrands of variance dissention fighting and the shedding of bloud and so be speciall meanes of the breach of the peace Action vpon the case for slaunder is contra pacem As it may partly appeare by the words of the kings writ alwayes inserted in an action vpon the case brought by one person against an other for speaking of slaunderous words in which writ it is supposed that the words were spoken Ad graue damnum ipsius querentis contra pacem nostram And the same is further proued by the words of the statute of An̄ 2. St. 2. R. 2. 5. R. 2. whereby it is ordeined That because publishing of false newes tales and lyes of Prelates Dukes Earles Barons Slaundering of Noble men or great Officers other noble and great men of the Realme or of the Chauncellor Treasorer Clerke of the priuie Seale Steward of the Kings house Iustice of the one Bench or of the other or of other great Officers of the Realme debate discord or matter of discord or slaunder may rise betwéene the Lords commons whereof great perill may come to the Realme and spéedy subuersion destruction of the same therefore it was enacted by the said statute That if any do commit the before specified offence he shall be taken imprisoned according to the statute of Westm̄ 1. St. 3. E. 1. 34. vntill he hath brought forth him which did speake the same St. 12. R. 2. 41. And further by an other statute made An̄ 2. R. 2. it was moreouer enacted That when the said offendor is taken imprisoned and can not find him that spake the words then he shall be punished by the aduise of the Councell And to the intent that such euill disposed persons which by their lewde spéeches slaunderous words or reports do indeuor to breake or disquiet the peace of the Realme Sta. 1. 2. P. M. 3. might the sooner be inquired of found out punished By a stat made An̄ 1. 2. P. M. it was further established That the Iustices of peace in euery shire citie towne corporat within the limits of their seuerall commissions shall haue full power to examin heare determine the causes abouesaid in the said 2. acts of 3. E. 1. 2. R. 2. specified to put the said 2. stat euery branch in them conteyned in due execution that condigne punishment be not deferred from such offendors And besides the before mentioned penalties assigned to be inflicted vpon transgressors by the foresaid stat euery noble man or great officer of the realme against whom any scandalous words 11. El. Dy. 285. Co. li. 4. 12. false newes or lies be spoken may prosecute against the offendor an action De scandalis magnatū recouer damages against him And in like sort may euery inferior person for any such like words of infamie spoken against him pursue an action vpon his case against the offēdor recouer his damages And further if one person shall exhibit a bill in the Starre chamber against an other amongst other things charge him with murder piracy robbery or other felony or to be a procurer thereof or accessory thereunto or with any other offence which is not examinable in the said court the defendāt in the said bil may prosecute against the complainant therein an action vpon the case recouer his damages for this bil was exhibited of malice by the complainant to remaine of record in the said court to the infamie slander of the defendant not to punish him for the said offences suggested in the sāe bil by a course of justice séeing the court of Starre chamber hath no authoritie to inquire of or punish the same offences But if the complainant doth suggest in his said bill of complaint any matter against the defendant which is examinable in the said court then no action vpon the case is maintenable against him by the defendant therefore though the matter surmised be méerely false for it is done in a course of justice Et sub iudice lis est whether the matters suggested be true or false vntil they be proued And in former ages spéeches tēding to the reproch of others were so odious that K. Edgar ordeined that his tongue should be cut out which did speake any infamous or slaunderous words of an other Edg. Lex 4. But though it be true as is aforesaid that infamous libels secret defamations or publick slanders or reproches be oft times more offensiue to the party taxed therby then open menaces and threates of violence are Yet séeing for the most part menaces springing out of distemperat cholericke humors do more hastilie break forth into further fury extremities tending to the breach of the peace then libelling secret defamation doe which must haue a breathing time to be inquired of bolted forth and then to be punished Therefore I will omit to write any further of libelling or defamation goe forward with menaces c. tota sequela sua 2 Menaces assaults batteries be things of seuerall natures yet for the most part they tend to one effect viz. to hurt him against whom they are bent menacing is a threatening of some hurt to be done or procured by the speaker or some other by his meanes to the person of the hearer or his wife seruant tenant or other The differēce of menace assault and battery whereby he receiueth losse or hurt Assault is an attempt to execute the thing menaced by force violence Battery is the performing of the thing before threatened viz. the beating
a Lords freeholder to plead That those tenants of the plaintifes which departed from their tenancies were the fréeholders and the fréehold tenants of the plaintifes and not his tenants at will For if it be so the plaintife shall recouer nothing against the defendant because hee hath other sufficient remedie to recouer the seruices of his fréeholders or the land in stead of thē And so it is to plead that the tenants which departed 21. H. 6. 31. were tenants for terme of yeares 6 In the cases aforesaid he that is wronged in his owne person his seruants or tenants by the menace of another whereby hée sustaineth losse shall haue his action of Trespasse against the offendor for the said menace and the hurt which he receiueth thereby and the king also shall haue a fine of the offendor for that the menace was of life and member and suggested to bee done vi armis and so tended to the breach of the peace But if it bée such a menace as doth not tend to the breach of the peace Menace which is iustifyable then the law is otherwise for then the partie menaced shall neither haue an action of Trespasse or other remedie against the menacer neither shall the king haue a fine of him As if a man dye seised of certaine lands and a stranger will abate 22. H. 6. 48 21. H. 6. 26. 9. H. 7. 7. and then the heire of him who dyed seised will enter vpon the stranger and menace and threaten him That if he will not depart from the possession of the same land that then hée shall repent it as the law will allow this is menace iustifiable for that he hath said no more than the law will allow him to performe And in like sort if A. be disseised of his fréehold eiected out of his terme of yeares Li. Intr. 555 dispossessed of his goods beaten assaulted or euill intreated by B. if in this case A. will say vnto B. That he will not endure those wrongs nor put them vp at his hands but will prosecute suit according to the law of the Realme in the sharpest maner that he can for the redresse of those iniuries and for the due punishment of B. this is menace iustifiable and nothing tending to the breach of the peace for A. hath said nothing but that the law will permit him to doe And in these cases the menacer doth yeeld to make the law iudge of his wrongs and that also in peaceable manner but in the former cases the menacer doth threaten to be the reuenger of his owne iniuries and so to be his owne iudge and that also in a forcible and vnlawfull sort And so it is if one man owe money to another and at the time assigned doth not pay if the creditor do say to the debtor that he will sue him according to the course of law 16. E. 4. 7. and imprison him for his debt this is menace iustifiable for the law doth allow him to doe it 7 As menace in words is accounted in many cases to be a meane of the breach of the peace and so punishable by the lawes of the realme so menace by deeds by behauiour gesture wearing of armour or vnusuall and extraordinarie number of seruants or attendants is accounted to be in affraie and feare of the people a meane of the breach of the peace and so punishable for the law doth intend that he which in a peaceable time doth ride or goe armed without sufficient warrant or authoritie so to doe doth meane to breake the peace and to doe some outrage seeing she is able and wil be alwaies ready to defend euery member of the common weale from taking or receiuing of force or violence from others if himselfe doe not giue cause to the contrarie Whereupon by a Statute made at Northhampton St. 2. E. 3. 3. anno 2. Ed. 3. it was enacted That no man great nor smal of what condition soeuer he be except the kings seruants in his presence his ministers in executing of the kings precepts or of their office and such as be in their companie assisting them and also vpon a Crie made for armes to keepe the peace and the same in such places where such acts happen be so hardie to come before the kings Iustices or other the kings ministers in doing their offices with force and armes nor bring no force in affraie of the peace nor to goe nor ride armed by day nor by night in faires markets Menace by going or riding armed nor in the presence of the Iustices or other ministers nor in no part elsewhere vpon paine to forfeit their armour to the king their bodies to prison at the kings pleasure And that the kings Iustices in their presence Sherifes and other ministers in their bailiwicks Lords of franchises their bailifs in the same mayors bailifs of cities boroughs within the same cities boroughs borough-holders wardens of the peace within their wards shal haue power to execute this act And that the Iust assigned at their cōming down into the coūtrey shall haue power to inquire how such officers Lords haue executed their offices in this case to punish them whom they find haue not done that which pertained to their office St. 7. R. 2. 13 20. R. 2. 1. And after by a statute made anno 7. R. 2. it was ordained That no Lord Knight nor other little or great shall go nor ride by night or by day armed nor beare sallet or skull of yron nor other armour vpon the paine of forfeiture thereof to the king except the kings officers and ministers in doing their offices And by the same statute it was also assented that none should ride or goe with Launcegaies Launcegaies beeing an armour defensiue then vsed in affraie of the people but that the same Launcegaies should be for euer put out 8 And shortly after the same Statute of 2. Ed. 3. was put in execution Wearing of a priuie coate for a knight was attached and arraigned in the kings Bench for that hee did weare armor vnder his vpper garment in the kings palace 24. E. 3. 33. and in Westminster hall who pleaded that there was debate betwéen him and another knight who did that weeke strike him and yet did menace him and that for feare of further perill and to saue his life hee did weare the same armour But this was adiudged no plea for the court did award that hee should forfeit his armour and be committed to the marshalsey And though he desired to be let to mainprise he was not admitted thereunto vntill the kings pleasure was knowne And the other knight his aduersarie was sent for into the kings Bench and there commanded vpon paine of all that he could forfeit that hee should not meddle nor doe any thing but that which was good to his said aduersarie Labourers shall weare no weapons
H. 8. 12. small staffe or sticke for correction and though he do draw blood S. Br. 28. Beating of a man that is franticke 18 If a man be franticke furious or mad 22. Assise p. 56. 22. E. 4. 45. and attempteth being at liberty to burne an house or to doe some other mischiefe or to hurt himselfe or others it is lawfull for his parents kinsmen and other friends to take him put him into an house to bind him and to beat him with rods to doe any other forcible act to reclaime him or to kéep him in a house or place alone where he shal do no hurt And he shall haue not action of trespasse of assault and batterie action of false imprisonment nor other remedie against them for in this case and the others before rehearsed the peace of the realme was not broken but a lawfull punishment was inflicted vpon those who had deserued it to the end they should be reformed and hereafter doe their duties the better Beating of one that will not yéeld to arrest 19 If one man do enter a plaint against another in a court hauing iurisdiction to hold plea of that suit 2. E. 4. 6. 21. H. 7. 39. and the Sergeant of the court doth arrest the defendant and the defendant will draw his sword to defend himselfe and after doth run away with intent to escape from the Sergeant if in this case the Sergeant and he that did enter the plaint do pursue him beate hurt him if he will not be apprehended and yéeld to the arrest they may iustifie the same in an action of Trespas of assault and batterie for they haue not broken the peace nor offended the Law in séeking to iustifie him who doth attempt to flie from the justice and indifferent triall of the law But if the partie had not béen arrested the Sergeant nor any other with him could haue iustified the beating of him 38. H. 6. 25. 20 In an action of Trespas of assault and batterie the defendant pleaded Beating of a seruant departing out of his seruice that the plaintife was his seruant retained departed out of his seruice and that he laid hold vpon him and led him home to his house to doe his seruice But this was adiudged no plea for it is not lawfull for the Master in this case to beate or forciblie to compell his seruant against his will to returne and do his seruice but to require him to do it and if he will not then the Master may haue an action of Couenant against his seruant and recouer so much in dammages as he hath receiued hinderance by the losse of his seruice But by the statute made AnÌ„ 5. Sta. 5. El. 4. Eliz. it is ordeined That if any seruant retained to serue in husbandry shall depart from his master mistresse or dames seruice before the end of his terme vnlesse it be for some reasonable and sufficient cause to be allowed by a Iustice of peace of the Countie or the Maior or other head officer of the Citie borough or towne corporat wherein the said Master mistresse or dame inhabiteth Or if any seruant at the end of his terme depart from his master mistresse or dames seruice without one quarters warning giuen before the end of his terme and before two lawfull witnesses Then vpon complaint made by the said Master c. to two Iustices of peace of the Countie or to the Maior or head officer of the citie borough c. they or any of them shall haue power to heare and examine the matter and finding the said seruant or the partie so refusing faultie in the premisses vpon such proofes and good matter as to their discretions shall be thought sufficient to coâ—mit him toward there to remaine without baile or mainprise vntill he shall be bound to the partie to whom the offence shall be made to continue with him for the wages limitted by this statute and then to be discharged vpon his deliuerie without paying any fée to the Gaoler where he shall be so imprisoned And as the Master cannot by beating nor by force compell his seruant 38. H. 6. 25. 21. Ass p. 85 to serue him against his will No more can a Lord compell his ward A Gardian may not beat his ward by beating or by force to come vnto him or to tarie with him against his will But if he doe depart from him then his Lord is to haue his action against him 22. Ass pla 59. 27. Ass p. 4. Fitz Trespas 238. 21 H. 6. 39. 21 If A. commaund procure or hyre B. to smite Commaundement of batterie or beate C. and he doth assault and beate C. in the presence of A. In this case C. may haue an action of Trespas of assault and batterie against A. and recouer dammages against him or against A. and B. together for here the peace was broken and wrong done to C. by the meanes and perswasion of A. And B. had not striken with his weapon if A. had not first striken with his tongue And the same law is if A. go to fight with C. and desireth B. to go with him and after doth méete with C. and doth assault and beate him In this case C. may haue an action of Trespas against A. and B. together or against B. alone though B. did not assault C. nor giue him any blowe and recouer dammages against him because he came in company with one that intended to breake the peace and to doe an vnlawfull act Hurting at some exercise 22 If two or more doe agrée together to runne at tilt iuste barriers Fitz. barre 244. or to play at backsword bucklers footebal or such like one of them doth beat bruise or wound an other the party grieued shal not haue an action of Trespas of assault batterie against the other for that it was a combate by consent put in practise to try their strength valour or agilitie not to break the peace But if the same day or some other after that the pastime is at an end they departed a sunder one will assault or beate an other in respect of some wrong conceiued to be receiued in the time of the said play then an action of Trespas of assault battery may be pursued by him that is so beaten against the trespassor Whipping of a Vagabond 23 In an action of Trespas of assault battery it is a good plea for the defendant to plead that the plaintif was by the stat made An. 39. St. 39. El. 4. El. intituled an Act for punishment of Rogues Vagabonds sturdy beggers declared to be a Rogue Vagabond or sturdy begger that he was taken begging vagrant misordering himselfe at L. in the County of N. that vpon his apprehension by the appointment of A. B. one of the Iustices of peace of the said County of N. or of the Constable Headborough or
other vnlawfull act prohibited by that statute and being required by a Iustice of peace or shirife of the said County or by the Maior or chiefe officer of the city or towne corporat to returne to their inhabitations do not but attempt to put in vre any of the said things Then euery of the same persons shall be imprisoned one yeare without baile or mainprise for the offendors in both the cases aforesaid putting in practise their outrages with a multitude of persons bee great disturbers of the peace and Transgressours of the law 21. H. 6. 5. 39 In an action of False imprisonment Imprisoning him that holdeth land with force the defendant pleaded that the plaintif held the manor of D. by force and B.C. a Iustice of peace of the same County did take him recorded the force and sent him to the defendant being Gaoler of the same County to be imprisoned and this was allowed a good iustification though he was committed to prison but by one Iustice of peace And in like sort if the action of false imprisonment had bin brought against the Iustice of peace who committed the offendor to warde the same had béen a good plea in barre for him St. 8. H. 6. 9. for that the statute of AnÌ„ 8. H. 6. doth warrant him so to do giueth that authority to one Iustice alone or to more then one 29. Ed. 3. 9. 5. H. 7. 4. 40 If a Huy and Cry be leuied and pursued that a horse of such a colour or marke so many beasts of such a sort or age Imprisoning of one pursued by Huy crie or so many shéepe of such a brand be stolen one is taken leading or driuing of the said horses beastes or shéepe it is lawfull for any man to apprehend and stay him and to commit him to the Constables of the Towne where he is apprehended and by them to be put into the stockes or safe kept vntill he be deliuered by due course of law though he be not of euill fame or name but a man of good credite for séeing the law by the Huy and Cry hath accused him by a course of law he must be againe acquited and discharged And in this case he that is so taken though he be after acquit of the felony shall not haue an action of Trespas false imprisonment or other remedy against him that did apprehend him Fitz. barre 202. 3. H. 4. 9. 41 In an action of Trespas of assault battery and imprisonment Imprisoning him that doth breake the peace the defendant pleaded that the plaintife menaced to kill him and therefore he requested the Constables to arrest the plaintife to find suerties of his good abearing and the Constables and the defendant with them did come and arrest him and put him into the stockes vntill he did finde suerties and this was allowed to be a good iustification 5. H. 7. 6. And in like sort if one do make an assault vpon a Constable the same Constable may arrest and imprison him vntill he hath found suerties to kéepe the peace though the Constable be the same person vpon whom the said assault was made for in this case he doth nothing but preserue the peace and obserue the Law which is to be done aswell in his own case 13. H. 7. 10. as any others And moreouer if a Constable be informed that a lewd man is in a suspected house with a woman of euill name for incontinencie he may take so many of his neyghbors with him as he will Arresting suspected persons and arrest the said man and woman to find suerties of their good behauiour And they nor eyther of them shall haue any action of False imprisonment or other action therefore against the said Constable or any other of his assistants for the Constable was ordeyned to kéepe the peace 10. Ed. 4. 17. and to represse felons And he may take suertie by Obligation if he find any commiting of a fray but vpon no penaltie And if the partie will not find suerties the Constable may impryson him vntill he hath found suerties 9. Ed. 4. 26. 42 In an action of Trespas of assault battery and imprisonment Imprisoning him that doth attempt to rob the defendant pleaded that the plaintife lay in waite in a high way leading from the towne of A. to the towne of B. to rob such persons as trauailed in that way and assaulted to rob one L. and drew his sword and commaunded the same L. to deliuer his purse whereupon L. fled and leuied Huy and Cry and this defendant being trauailing that way pursued the plaintife and tooke him and committed him to the Constable to be put in the stockes who did it accordingly and this was adiudged a good iustification for euery man may arrest and imprison him that doth commit a felony or him who maketh it apparant that he doth intend and goe about to commit a felony for that he doth manifest him selfe to be a principall breaker of the law and peace of the realme Assisting to arrest by warrant 43 In an action of false imprisonment against two 19. H. 6. 43. 56. one of them pleaded that he had a precept to arrest the plaintife which he did accordingly And the other defendant pleaded that he came in company with the other to ayde and assist him to arrest the plaintife And this was allowed a good Iustification in them both for any straunger may assist a Sherife his Baylifes or any other that hath authority to execute the Kings writs or proces and he that wil not assist him being required shall paie a fine to the King And the Sherife may take as many persons as he will to aide him to execute the Kings writs 3. H. 7. 1. 17. E. 4. 5. for it is in furtheraunce of Iustice and no breach of the peace Breaking a house to arrest 44 If a man be indicted of Trespas 27. Ass pla 35. 18. E. 4. 4. and a Capias pro fine awarded to the Sherife to take the body of the same person The Sherife may breake open his house or close to arrest and imprison him it is a lawfull imprisonment But the Sherife may not breake any house or chest to make execution by vertue of a fieri facias to him directed S. Force 32. The Sherife arreâ—eth and doth not retorne his writ 45 If the Sherife haue a Capias to arrest a man and he doth arrest him and after doth not retorne his writ the partie arrested may haue an action of false imprisonment against the Sherife and recouer damages for his wrongfull arrest or Imprisonment for the Capias is ita quod habeas corpus cius c. and so if he haue not the parties body in the Kings Court at the day of the retorne of the writ it shall be intended that he did not arrest him by force of that writ nor according to the
out the eyes of D. this shal be adiudged a maihem 13. H. 7. 14. for that A. had an intention at the first to do some hurt in striking at B. 60 The greatnesse or smalnes of the wound in some of the cases aforesaid doth make the difference whether it be a maihem or not Examination of a maihem which is to be examined by the Iustices of the court before whom the appeal of maihem is depending and by them to be decided if they be requested by the defendant in the appeall and will condiscend to do it And they may award the Kings writ to the shirif of the countie where the fact was done to warn two expert surgeons of that Countie 28. Ass p. 5. 28. E. 3. 94. citie or towne to appeare in the same court at a day prefixed to informe the court what they thinke of the wound and whether they conceiue it to be a maihem or not And if the wound be fresh and new and thereby hardly to be discerned 41. Ass pla 27. whether it will proue a maihem or not the Iustices néed not presently to examine it though the defendant in an appeal of maihem doth desire it or notwithstanding he doth plead that it is no maihem And if in an appeall of maihem the defendant doth plead not guilty 22. Ass pla 82. without requesting that the maihem may be examined by the court by this the defendant hath allowed that it is a maihem But if in an appeall of maihem the defendant doth pray that the maihem may be examined 21. H. 7. 40. if the Iustices and the surgeons that they will call vnto them be in doubt whether it be a maihem or not the Iustices may refuse the examination and compell the defendant to put him selfe vpon the triall of the countrie And yet in that case if the defendant do praie that the maihem may be examined 6. H. 7. 1. 22. Ass p. 99 by the court if the Iustices do adiudge it a maihem it is paremptorie to the defendant for he shall not after plead not guilty or any other plea in Barre séeing by his plea he hath allowed it to be a maihem But the court can not view the wound and examin whether it be a maihem or not 28. Ass p. 8. vnlesse the defendant in the appeal will request it and referre it to their iudgement If in an appeall of maihem the defendant doe plead not guiltie 22. Ass p. 82 without requesting that the maihem may be adiudged by the court though the Iurie who are to try the issue doe desire to sée the plaintife if he be maihemed or not the plaintife néed not to shew his wound for by pleading not guilty the defendant hath allowed that it is a maihem though he hath estraunged himselfe from the committing thereof 9. H. 4. 2. 61 If seuerall men do at one time assault one man and one of them doth maihem him in one part of his body Diuers appels of maihē for one offence and an other in an other part he may haue seuerall appeals of Maihem against them for that they be seuerall maihems which he hath receiued And yet if seuerall men do murder or otherwise kill a man there may be but one appeall of murder maintained against them all for that a man can haue but one death 40. Ass p. 1. But if a man sue an appeall of maihem against seuerall persons whereof against some as principals and some others as accessories and after apparance he is nonsuit he can not pursue an other appeall of maihem against the same persons and charge those as accessories which before he had named principals nor those principals who before were suggested to be accessories Principal and accessorie in maihem 62 In an appeall of maihem the plaintife may choose to make all principals or els to make him principall that did first strike him 40. Ass p. 9. 41. Ass pla 16. and the residue accessorie The Law was holden in auncient time that the plaintife in an appeall of maihem must haue declared against all the defendants as principals But now he may choose and make some principals and some accessories for an appeall of maihem is in effect but an action of Trespas wherein the plaintife shall recouer damages Maihem is a Trespas The iudgem̄t in appeall of maihem according to the quality quantitie of the offence and the defendant shall be imprisoned 8. H. 4. 2 1. And if the plaintife do bring an appeal of maihem whereas it doth appeare to the court that by the blow which was giuen him he is not maihemed he shall paie a fine Mainprise in an appeall of maihem 63 In an appeall of maihem if it do appeare to the court that the maihem is very apparant gréeuous bloudy and extreame 6. H. 7. 1. as if a mans legs or armes be broken or that the partie maihemed is in great perill of death the defendant shall not be let to mainprise no more then he should be in an appeall of murder or burglarie But if the maihem be not apparant or that it is doubtfull and questionable whether it be a maihem or not then the defendant in an appeall of maihem may be let to mainprise And that also appeareth by the statute intituled officium Coronatoris whereby it is ordained Stat. 3. E. 1. that vpon an appeall of maihem if the wounds be mortall they which be appealled shal forthwith be apprehended and kept vntill it be knowen whether he that is hurt shall recouer or not if he die they shall be retained if he liue they shall be attached by foure or sixe pledges according to the bignesse of the wound if it be for a maihem then there shall be no lesse then foure pledges if a small wound two will serue 64 In an appeall of maihem the plaintife doth declare that the defendant did maihem him felonice vt felo domini Regis Why maihem is supposed to be done felomously 40. Ass pla 40. 6. H. 7. 1. and so it may be called felony as petit Larcenie is called felony or it may be termed felony for that the blow which caused the maihem may be a meane of his death within the yeare and day after the stroke stricken and then it will be felony or for that he which did giue the blow had then a murdring mynd and so a felonious intent 65 It is a good plea in barre in an appeall of maihem for the defendant to plead Barres in appeall of maihem that the plaintife at the place aforesaid Li. intur f. 45. and at the day and yeare aforesaid did make assault vpon the defendant and would haue beaten and killed him vnlesse the defendant had then and there quickly defended himselfe against the plaintife and so the hurt and dammage if any were that then and there did come
himselfe he may commaund them vpon paine of imprisonment to surcease 5. H. 7. 6. or else he may with his weapon part kéepe them asunder and call and procure others likewise so to doe And then he may carrie them before a Iustice of peace to find suertie of the peace which if they refuse to doe he may commit them to prison 3. H. 4. 9. or els the Constable may take suerties of them by Obligation to kéepe the peace And if any of the offendors doe flée into a house 13. Ed. 4. 9. the said officer may breake open the dores and arrest him and so he may doe if the offendor doe flée into another Countie for that the arrest is for the benefite of the commonweale And likewise if any of the said officers shall learne that certaine persons be fighting or quarreling in a house in such sort that they are like to breake the peace or that a man and a woman be in a house together committing addultery or fornication 7. E. 3. 10. 1. H. 7. 6. he may breake open the dores and arrest them to come before a Iustice of peace to find suertie of the peace or otherwise if he will he may commit any of the said offendors to prison And if any of the parties to an affcay haue receiued any daungerous wound then the officer must arrest the offendor and carrie him to a Iustice of peace 22. Ass p. 56 who is eyther to commit him to prison or to let him to mainprise vntill the next Gaole deliuery that it be knowen whethir the partie wounded will liue or die thereof or els the officer himselfe may commit him to prison vntill the same be knowen 38. Ed. 3. 6. for if the partie wounded doe die the offence wil be felony If the common voice and fame of the County be that C.D. hath committed a felony any of those officers that doe suspect him thereof may arrest him for it And so he may search within the limits of his authority for any persōs suspected of felony for it is a chiefe parte of the Constables dutie to preserue the peace and represse felons And if any of the officers before mentioned do arrest an offendor or any person suspected for any of the causes aforesaid who ought to be carried to the Gaole or before a Iustice of peace the same officer néede not carrie him presently to the Gaole 22. Ed. 4. 35. or before the Iustice but he may put him in the stocks or some other safe custody for a time vntill he can prouide sufficient company to assist him to conduct the same offendor to the Gaole or to the Iustice 2. Ed. 4. 9. Or if the partie arrested be so sicke diseased or wounded that he cannot be presently carried without daunger of death the officer may stay him vntill he be recouered 85 But the peace of the Realme hath béen so precious to all ages Euery able person is a Conseruator of the peace and Treasons Felonies assaults batteries and other forcible violences and offences so odious that the Lawes and Statutes of the Realme and the wisedome of our forefathers haue made and appointed besides the Magistrates and officers before mencioned all sortes of able persons in some sort and to some purposes preseruers of the peace intending that as all the members of the common weale doe taste swéet comfort and pleasant repose by the benefit of peace so they should be all partakers when néede requireth of the paines to maintaine and continue the same peace and to punish the transgressors thereof Sta. 3. E. 1. 9. And therefore by the Statute of Westm̄ 1. it is ordained That all men generally shall be ready at the commaundement and summons of the Shirifes and at the crie of the country to pursue and arrest felons when néede shall be aswell within fraunchises as without and they that will not and be thereof attainted shall make a grieuous fine to the King Sta. 3. Ed. 1. By the statute intituled Officium Coronatoris it is enacted That vpon all Homicides Burglaries men slaine or put in great daunger huy and crie shall be leuied and euery man shall follow the huy and crie and the offendors steppes if it may be and whosoeuer doth not and is thereupon conuicted shall be attached to appeare before the Iustices of Gaole deliuerie St. 5. E. 3. 14. By the Statute of Anno 5. Ed. 3. it is established That if any man suspect lewd persons then termed robertsmen wasters or drawlatches of any manslaughters felonies or robberies be it by day or night they shall incontinently be arrested by the Constable of the towne and if it be within franchise deliuered to the Bailifes of the franchise and if in guildable to the shirife and kept vntill the comming downe of the Iustices of Gaole deliuerie who shall procéede to the deliueraunce of them St. 17. R. 2. 8. By the Statute of 17. R. 2. it is defended to all the Kings people aswell Lords as others that none shall make assemblies Riots or Rumors against the peace And if any such assemblie be begun as soone as the Shirife and other Ministers may haue knowledge thereof they with the strength of the country shal disturbe such offendors and put them in prison vntill the law be executed vpon them And all Lords and other liege people of the Realme shall be attending with all their strength and power to the Shirifes and Ministers aforesaid St. 2. H. 5. 8. By the Statut of An̄ 2. H. 5. it is prouided That the Kings people being able to trauaile in the Countie where Riots assemblies or routs against the law be shal be assistant to the Iustices Commissioners Shirife or vndershirif of the same Countie when they shall be reasonably warned to ride with the said Iustices Shirife c. in aide to resist such Riots Routs and Assemblies vpon paine of imprisonment and to make fine and ransom to the King St. 15. R. 2. 2 By the Statute of 15. R. 2. it is ordeined That if the Shirife or any other of the Countie doe not attend vpon a Iust of peace to arrest such offendors as doe make forcible entries into lands or tenements he or they so offending shall be imprisoned and pay a fine to the King Sta. 1. M. 12. By the Statute of An̄ 1. M. it is established That if any person being aboue the age of xviij yeares and vnder the age of lx being able to serue and not sick lame or impotent shall be required by any Iustice of peace or any Shirife of any County where any vnlawfull assembly of xij persons or aboue shall be to do any vnlawfull act prohibited by that statute or by any Maior Bailife or other head Officer of any Citie Borough or towne corporat or by any other by the commaundement of any such Iustice Shirife Maior c. to go with him or them to suppresse the
the said Chauncellor for the King or any other against any person for any misbehauing by vnlawfull maintenances giuing of liueries signes and tokens retainers by Indentures oathes writings or otherwise embracery of the Kings subiects vntrue demeanings of Shirifes in making of pannels and other vntrue returnes by taking of money by iniuries by great Riots and vnlawfull assemblies haue authority to cal before them by writ or by priuy seale the said misdooers and they and other by their discretion by whom the truth may be knowne to examine and such as they finde therein defectiue to punish them according to their demerits after the forme and effect of the Statutes thereof made in like manner and forme as they should or ought to be punished if they were thereof conuict after the due order of the law And though the Iustices of peace doe assesse a fine in the Country vpon some that haue committed a Riot there yet the Lords in the Starre chamber may assesse vpon the said offendrs for the same Riot a greater penalty if they sée cause for in this case the offendors be not twice punished for one offence but part of the due punishment is inflicted at one time and part at another And the Lords doe sufficiently punish an offence which was but remisly done by the Iustices 3 A Riot is where thrée persons or aboue do assemble themselues together to the intent to beate or maihem a man to pul downe a house wall pale What is a Riot hedge or ditch wrongfully to claime or take common or way in a ground to destroy any parke warren douehouse pond poole barne mill or stacke of corne or to doe any other vnlawfull act with force and violence and against the peace and they doe it If a man goe abroade with his houshold seruants which he hath commonly of his owne familie though they be more then his abilitie or degrée is to maintaine and doth make a fray by the way this is no Riot vnlesse the Master did before make his seruants priuy that hée meant to make an affray for it is no riot except there be an intent before to doe some violence and hurt If thrée foure or more doe enter into landes with force vppon the possession of an other though their entrie be lawfull yet is it a Riot St. 5. R. 2. 7. for the Statute of Anno 5. Richard 2. doth prohibite entrie into Landes and Tenements with force or a multitude of people 4 An vnlawfull assembly is where thrée persons or aboue What is an vnlawfull assembly doe assemble themselues together to the intent to doe any of the Actes aforesaide or any other such vnlawfull act with force and violence against the Peace although they doe it not indéede but after their assemblie they departe by their owne consent vpon some feare conceiued or other cause without dooing of any outrage for their intent of assembling was vnlawfull though the act subsequent did not ensue according to the same 5 A Route is where thrée persons or aboue doe assemble themselues What is a Rout. for the reuenge of their owne common quarrell As if the Inhabitants of a Towne doe assemble together to pull downe a house wall pale ditch or other inclosure of a parke pasture or close or the head of a poole where they wrongfully pretend to haue title of common or a way or to beate or maihem one man or more that haue done to them all some publike offence If they once méete 17. Ed. 4. 4 procéede and goe forward towardes the execution of any of the Actes aforesaide and doe shew by Armour Gesture or Spéech that they meane to doe any violence or to terrifie or feare any of the Kings people it is a Rout whether they put their intended purpose in execution or not But if a Maior and Aldermen or Bayliffe and Burgesses or the fellowes of any societie doe assemble in their common quarrell and make a Riot Rout or Vnlawfull assembly this shall be punished in their owne priuate naturall persons and not in the body politike for it was their priuate persons that assembled to offend the Lawe and not the bodie politike If a man goe to the Sessions Market Faire Rout by wearing of Armour or other assemblie of company with his seruants in Harnesse though he hath no intent to fight or to commit any Riot yet this is a Rout by the manner of his comming and is contrary to the Statute of 2. St. 2. Ed. 3. 3 Edw. 3. which hath ordained That no man shall bring any force in affray of the peace nor shall go armed in faires markets or elsewhere vpon paine of imprisonment and forfeiture of his Armour Lawfull assemblies of thrée persons or more 6 An Assembly of thrée persons or more which is not to the terrour of the people nor to doe some Act with force and violence against the peace is not vnlawfull nor prohibited by any of the Statutes before mentioned The watch in London vpon Midsummer night is lawfull and so be such like in other Cities and Townes Assemblies be lawfull that be vsed vppon Maie day to fetch in Maie boughs or floures and so be assemblies at Church-Ales Whitson or Midsummer-Ales Assemblies at the fetching home setting vp or dauncing about a Maie-pole and assemblies at the bayting of a Bull or Beare or at the mowing or making of Dole or Reuell meade and assemblies of Minstrells and their fellowes at certaine places and times of the yéere allowed by old and ancient customes are also lawfull And Assemblies to play at Cardes Tables Bowles Clash Bucklers Wasters halfe Sword Tennis Quoits Cailes or such other games be likewise by the common lawe tollerable though some of the same games be prohibited vpon some penalties by Statute to be vsed by some persons and assemblies to runne at Quintall Sand bagge Base Footeball Stooleball Handball St. 33. H. 8. 9 or such like disports be also lawfull For these assemblies be not made with the intent to breake or disturbe the Peace or to offer violence force or hurt to the person of any but either to trie Actiuity or to increase societie amitie and neighbourly friendship And if in any of the said assemblies any of the parties the same shall make a fray with a stranger that is no Riot neither doth it make the residue of the same company Riotors who came thither for their disports and not to any euill or vnlawfull intent But if any of the same company shall fall out with a stranger or some others of their owne associates and then some of them doe take one parte and some of them another An Assembly lawfully begunne doth end riotously whereby a Riot is committed then so many of both sides as shall take sides and be parties to that quarrell shall be adiudged Riotors but not the residue for the Riot did not take his beginning at the first méeting when they did all
persons at the nomination and by the aduise of the Chauncellor of England And the said Commissioners incontinently shall send into the Chauncery the Enquests and matters before them in this behalfe taken and found Vpon the Cōmission the coronors shal returne the Iury 14 The Coroners of the same Countie for the time being St. 2. H. 5. 8. in which Countie such Riot Assemblie or Rout shall be made shall make the panell vpon the said commission retornable for the time that the Shirife so supposed in default shal remain in his office which Coroners shal return no persons but only such which haue lands c. to the value of x. l. by the yere at the least And also the same coroners shal return vpon euery of the said persons impannelled at the first day when issues be to be lost xx What issues shal be returned vpon the Iurors s. at the least at the second day xl s. at the least at the third day C. s. at the least at euery day after the double at the least which issues so returned because of non-appearance of such persons impanneled shall be forfait to the King and leuiable to his vse And if default be found in the said coronors touching the returne of such persons to be impanneled or touching the returne of such issues as afore is said euery of them shall pay to the Kings vse forty pounds Where the shirife shal return the Iury and not the coronors 15 And if the Shirife so reputed in default be discharged of his office St. 2. H. 5. 8. at the time that such commission shall goe out of the Chauncerie then the new Shirife of the same County his successor mediate or immediate and not the coronors shall make the pannell vpon this commission returnable in manner and forme as the said coronors should doe in time when the Shirife so reputed in default stood in his office And the same Shirife shall incurre like paine of xl li. to the King if any default in him be found touching the returne of other persons by him impannelled which haue not lands tenements or rents to the value of x. li by the yeare or of returning such issues as the said coronors be aboue charged to returne as the said coronors be to lose to the King in this behalfe A writ directed to enquire of a Riot 16 The Chauncellor of England as soone as he may haue knowledge St. 2. H. 5. 8. of such Riot assemblie or Rout shall cause to be sent the Kings writ to the Iustices of peace and to the Shirife or vndershirife of the County where they be so made that they shall put the foresaid Statute of 13. H. 4. in execution vpon the paine contained in the same And though such writ come not to the said Iustices Shirife or vndershirife they shall not be excused of the paine of 100. pounds aforesaid if they make not execution of the said Statute Riots shal be inquired of at the Kings costs 17 The Iustices and other officers aforesaid shall doe their offices at the Kings costs in going tarrying St. 2. H. 5. 8. and returning in dooing their said offices by payment thereof to be made by the Shirife of the same County for the time being by Indentures betwéene him and the said Iustices and other officers aforesaid to be made of the payment aforesaid whereof the said Shirife vpon his accompt in the Exchequer shall haue due allowaunce St. 2. H. 5. 8. 18 Such Riotors attainted of great and haynous Riots The punishment of Riotors shall haue one whole yeares imprisonment at the least without being let out of prison by baile mainprise or in any other manner during the yeare aforesaid and the Riotors attainted of petit Riots shall haue imprisonment as the King and his Councell shall thinke good St. 2. H. 5. 8. 19 The Kings liege people being able to trauaile in the Countie where such Riots assemblies or routs shall be made shal be assistant to the Iustices Each man shall helpe to represse Riots commissioners Shirife or vndershirife of the same County when they shal be reasonably required to ride with the said Iustices Shirife or vndershirife in aide to resist such Riots Routs and assemblies vpon paine of imprisonment and to make fine and ransom to the King St. 2. H. 5. 8. 20 The Bailifes of franchises Bailifes of Franchises shall impannell sufficient people as before vpon paine to loose xl li to the King in case that such sufficient persons may be found within the said franchises Corporat towns hauing Iustices And like ordinances and paines shall hold place and take effect in Cities Boroughs other places and townes enfranchised which haue Iustices of peace within them 21 Forasmuch as in the before rehearsed Statute of 13. H. 4. it is not expressed of what sufficiency the Iurors impannelled by the Shirife to inquire of Riots should be Nor what issues they should lose if they appeare not Nor any mention is made of any punishment the maintenors and embraceors of the Iurors that so shall be impannelled should haue for their misdemeanor A Iury to enquire of Riots if any should be St. 19. H. 7. 13. Therefore by a Statute made Ann̄ 19. H. 7. it was enacted that if any Riot Rout or vnlawfull assemblie be committed within this realme the Shirife hauing a precept directed to him shall returne xxiiij persons dwelling within the Shire where such Riot c. shall be so committed whereof euery of them shal haue lands and Tenements within the same shire to the yearely value of xx s. of Charter land or fréehold or xxvj s. viij d. of copihold or of both aboue all charges for to inquire of the said Riot Rout or vnlawfull assemblie And he shall returne vpon euery person so by him impanelled in issues at the first day xx s. at the second xl s̄ if that they appeare not and be sworne to enquire of the premisses at the first day And if default be found in the Shirife or vndershirife for returning of other persons being not of the same sufficiency or for not returning issues in forme aforesaid then the said Shirife shall forfeit to the King for either twenty pounds St. 19. H. 7. 13. 22 If the said Riot Rout or vnlawful assemblie be not found by the said Iury by reason of any maintenance or embracery of the Iurors Maintenance where by a Riot is not found then the same Iustices and the Shirife or vndershirife beside such certificat that they be bound to make according to the foresaid Statute of 13. H. 4. shall in the same certificat certifie the names of the mainteinors and embraceors in that behalfe if any be with their misdemeanors that they know vpon paine of euery one of the said Iustices and Shirife or vndershirife to forfait xx li. if they haue no reasonable excuse for not certifying of
of the same that first there ought to be awarded a Venire facias against the offendors and if they do not appeare then a Capias for the words of the Statute be if they do not come before the King and his councel or into the Kings Bench at the first precept then another precept shal be deliuered to the Sherife to take the said offendors c. And this proces must be returned before the Kings councell or in the Kings Bench but if there be awarded against the offendors a Subpena or a priuie seale it shall be void St. 13. H. 4. 7 30 Notwithstanding the said Statute of 13. H. 4. The penaltie of C. l. for not executing this Statute hath inflicted a penalty of C. l. vpon the next Iustices of the county where such riot shal be committed if the execution of that Statute be not done yet if other Iustices of the same county do performe that office then the next Iustices shall be excused and the same penaltie shall be saued for the Statute doth wholy or chiefly respect that the offendors shal be arrested or disturbed their offences inquired of recorded and punished and by that meanes the peace preserued for all the Iustices of peace within the commission how farre off soeuer they dwel so that they dwel within the said countie if they haue notice of such a riot rout or vnlawfull assemblie ought to enquire of it to record it and to suppresse it or otherwise they may be fined by the Lords in the Star chamber though the penaltie of one C. l. shal be inflicted onely vpon the two next Iustices for that they are intended most likely and soonest to haue knowledge of it But if the Sherife or Vndersherife should not come to the Iustices béeing sent for to assist the same Iustices and to further the repressing of that riot and the performance of that seruice then all the said Iustices dwelling néere or remote shal be excused of the same penaltie of C. l. or any other for the said statute doth giue him equal authoritie and as it were ioyne him in commission in the copulatiue with them St. 13. H 4. 7. 31 It appeareth by the said stat of 13. H. 4. Trauerse to an Inditement of Riot that if the offendors trespassors do trauerse the matter certified by the Iustices of peace to the King his councell the same certificat and trauerse shal be sent into the K. Bench and there be tried determined according to the law And in like sort if the trespassors offendors do trauerse the matter found by Inquisition before the Iu. of peace in the countie the same Inquisition shal be sent to the Iustices of peace at the next Quarter Sessions of the same countie city borough or towne corporat hauing Iustices of Peace within themselues there the trauerse shal be tried and determined according to the Law the forme of which trauerse taken in a towne corporat is this Alià s scilicet ad Sessionem pacis tentam apud Buckingham in comitatu praedicto die Lune proximo post festum Sancte Trinitatur Anno regni dnÌ„i nrÌ„i Regis Iacobi dei gratur Angliae c. secundo coram Iohanne Nichols generoso Balliuo Burgi parochiae de Buckingham praedicta Francisco Fortescue milite Thoma Denton milite Richardo Ingolsbie milite Willihelmo Androwes milite Roberto Iohnson milite Paulo Risley armigero A trauerse to an InditemeÌ„t of riot Simone Lambard generoso alijs socijs suis Iusticiarijs dicti domini Regis ad pacem in dicto Burgo parochia conseruandam necnon ad diuersas felonias transgressiones alia malefacta in eisdem Burgo parochia perpetrata audienda terminanda assignatis per sacramÌ„ duodecem Iuratorum extitit presentatum Quod A.B.C.D.E.F. de Galcot cum diuersis alijs malefactoribus pacis dicti Domini Regis perturbatoribus modo guerrino arraiati vniti assemblati vicesimo die Maij hora quarta post meridiem eiusdem diei Anno eiusdem domini Regis nunc secundo vi armis viz. baculis gladijs pugionibus falcastris alijs armis tam inuasiuis quam defensiuis apud Prebend-end in Buckingham praedicta clausum cuiusdam L. M. vocatum Bone-hill close illicitè riotosè routosé fregerunt intrauerunt decem carractatas seni ad valenc ' quatuor librarum de bonis catallis dicti L. M. adtunc ibidem iniuste illicite ceperunt asportauerunt contra pacem dicti domini Regis contra formam statuti inde editi prouisi Per quod praeceptum fuit Iohanni Crooke subballiuo quod non omitteret propter aliquam libertatem c. quin venire faceret eosdem A.B.C.D.E.F. ad respondeÌ„dum c. Posteaque scilicet die Lune proximo post festum sancti Michaelis Archang ' anno regni domini Regis nrÌ„i Iacobi secuÌ„do coraÌ„ praefatis Iusticiarijs veneruÌ„t pÌ„dicti A.B.C.D.E.F. in proprijs personis suis habito auditu Indictamenti pÌ„dicti seperatim dicunt quod ipsi non sunt inde culpabiles Et de hoc ponunt se super patriam Et H. I. qui pro domino Rege in hac parte sequitur similiter Ideo veniunt inde Iuratur coram Iusticiarijs dicti dnÌ„i Regis ad pacem in Burgo parochia pÌ„d conseruandam assignatis c. ad Sessionem pacis apud Buck. pÌ„d die Lune proximo post Epiphaniam dnÌ„i tunc proximo futuro teneÌ„dam Et qui c. Ad recog c. Quia tam c. Idem dies datus est tam praefato H. I. qui sequitur ê“ DnÌ„o Rege quam pÌ„fatur A.B.C.D.E.F. Ad quas quidem Sessiones pacis tentas apud Buck. pÌ„d in comÌ„ pÌ„d dicto die Lune proximo post festum Epiphaniae domini Anno regni dicti Regis dnÌ„i nostri Iacobi tertio coram dicto Balliuo dictis F.F.T.D.R.I. socijs suis Iusticiarijs dicti DnÌ„i Regis ad pacem in dict' Burgo parochia conseruandam necnon ad diuersas felonias transgressiones alia malefacta in eodem Burgo parochia perpetrata audienda terminanda assignatis venerunt tam pÌ„fatus H.I. qui pro dnÌ„o Rege in hac parte sequitur quam pÌ„fatur A.B.C.D.E.F. in proprijs personis suis Et Iuratores ê‘ subballiutim Burgi parochie pÌ„d ad hoc impannellatur exacti viz. E.F. Mercer O.P. Draper c. similiter venerunt qui ad veritatur de pÌ„missis dicendam triati iurati dicunt super sacrum suum quod pÌ„d A.B.C.D.E.F. culpabiles sunt eoruÌ„ quilibet culpabilis est de transgressione contemptu riotto pÌ„d in Indictamento pÌ„d superius specificatis modo forma prout superius versus eos supponitur Ideo coÌ„cessuÌ„ est ê‘ curÌ„ ê™ pÌ„d A.B.C.D.E.F. capiantur ad satisfaciendum dicto domino Regi de finibus suis occasione transgressionis contemptus riotti
praedicti Qui quidem A. B. C. D. E. F. adtūc ibid p̄sentes in cur̄ petierūt se ad finē cū dict' dn̄o Rege occasione p̄d admitti Et inde pon̄ se seperatur in miserecordia dn̄i Regis Et assessatur finis eiusd A.B. per Iusticiar̄ p̄d ad 5. li. Et assessatur finis eiusdem C.D. ad 3. li. c. bone legalis monetur Angliae ad opus vsum dicti dn̄i Regis 32 Thogh the laws statutes before rehearsed or mētioned did take sufficiēt order for the inquiring of repressing punishing of such as did cōmit riots routs or vnlawfull assemblies by iij. iiij.v or some small number of persons and then were apprehended or dispersed by the Iustices of Peace the sherife or vndersherife with the help of the countrie when néed required Yet there was no sufficient law deuised to suppresse and punish such as did assemble in great numbers routs and tumults and would in contempt of the law and in rebellious manner put in practise vnlawfull forcible and violent acts and being by authoritie of the same law in calme manner required to the contrary would yet stand at the staues end with the peace of the realme and the iustice of the law and as it were in despite of all gouernment and gouernors procéed in their furie Therfore to continue peace and tranquilitie in the common weale and by a more sharpe corrasiue to bridle or punish so great maladies St. 1. M. 12. by a statute made Anno 1. M. it was enacted Twelue or aboue assembled to change lawes That if any persons to the number of xij or aboue being assembled together shall intend goe about practise or put in vre by force of armes vnlawfully and of their owne authoritie to alter or change any lawes made or established for religion by authoritie of Parliament which stand in force or any other laws or statutes of this realm or any of them the same number being commanded or required by the sherife of the shire or by any Iu. of peace of the same shire or by the mayor sherife I. of peace or by the baylifs of any citie borough or towne corporat where such assemblies shal be vnlawfully had and made by proclamation in the Queens name to retire and repaire to their owne houses and habitations or places frō whence they came and they or any of them notwithstanding such Proclamation shall remaine and make their abode and continue together by the space of one whole houre after such commandement or request made by Proclamation or after that shall willingly in forcible and riotous manner attempt to do or put in vre any thing aboue specified Then as well euery such abode or continuing together as euery such act or offence that after such commandement or request by Proclamation had or made shal be attempted to be done practised or put in vre by any of the persons being of the number aforesaid shal be iudged felonie in all and singular those persons that so shall make their abode or continue together or shall attempt or commit any act And the offendors therein shal be adiudged felons and shall suffer only execution of death as in case of felony St. 1. M. 12. 33 If any persons to the said number of twelue or aboue shall intend Practising to destroy parks ponds conduits goe about practise and put in vre in manner and forme aforesaid to ouerthrowe cut breake cast downe or digge vp the pales hedges ditches or other inclosure of any Parkes or Parke or other grounds or ground inclosed or the bankes of any fish-pond or poole or any conduits for water conduit heads or conduit pipes hauing course of water to the intent that the same or any of them from thenceforth should remaine open not inclosed or voyd Common or way or vnlawfully to haue common or way in the same Parkes or Parke or other groundes or ground inclosed or in any of them or to destroy in manner and forme aforesaid the Deere in any Parks or Parke or any warrens or warren of Conies Destruction of déere conies doue-houses fish Pulling downe houses burning stacks of corne abating of rents or any Doue-houses or any fish in any fish-pond or poole or to pull or cut downe any houses barnes milles or bayes or to burne any stackes of corne or graine or to abate or diminish the rents or yearely value of any mannors lands or tenements or the price of any victuall corne or graine or any other thing vsuall for the sustenance of men being required or commanded by any I. of peace or by the Sherife of the countie or by the mayor bailife or bailifs or other head officers of any citie or towne corporat where such assemblie shall be had by proclamation to bee made in the Quéenes name to retire returne in peaceable maner to their places and houses from whence they came and they or any of them notwithstanding such proclamation shall remaine or make their abode or continue together by the space of one whole houre after such cōmandement or request made by proclamation or after that shall in forcible maner do or put in vre any of those things last before mentioned Then aswell euery such abode or continuing together as euery such act that after such commandement or request by proclamation or request had or made shall be done practised or put in vre by any of the persons being aboue the number of twelue shal be adiudged felonie and the offendors therein shall be adiudged felons and shall suffer only the execution of death as in case of felonie Raising of vnlawfull assemblies by some acts or words 34 If any person or persons vnlawfully and without authority 1. M. 12. by ringing of any bell or bels sounding of any trumpet drumme horne or other instrument whatsoeuer or by fiering of any beacon or by malitious speaking or vttering of any words or making of any outcrie or by setting vp or casting of any bils or bil or writing whatsoeuer or by any other déed or act shall raise or cause to be raised or assembled any persons to the number of twelue or aboue to the intent that the same persons should doe or put in vre any of the things aboue mentioned that the persons to the number of twelue or aboue so raised and assembled after request or commandemēt had or giuen in forme aforesaid shall make their abode or continue together as is aforesaid or vnlawfully and in forcible manner perpetrate doe commit or put in vre any the acts or things abouesaid Then all and singular persons by whose speaking deed act or any other the meanes aboue specified any persons to the number of twelue or aboue shall be raised or assembled for the doing committing or putting in vre of any the acts or things aboue mentioned shal be adiudged for his so speaking or doing a felon shall suffer executiō of death as in
case of felony Relieuing them which be assembled 35 If any wife or seruant of any of the same persons 1. M. 12. or any other person whatsoeuer shall willingly and without compulsion bring send deliuer or conuey any money harnesse artillerie weapon meat bread drinke or other victuall to any person or persons so beeing assembled as is aforesaid during such time as he or they shall so be assembled or be together as is aforesaid then euery wife seruant or other person so bringing or conueying c. any of the foresaid things to the same persons so beeing assembled together in forcible manner or to any of them and not departing to their houses or dwelling places vpon request or commandement made vnto them as is aforesaid shall bee adiudged a felon shal suffer execution of death as in case of felonie Vnlawful assemblies aboue two and vnder twelue 36 If any persons aboue the number of 2. and vnder the number of 12. 1. M. 12. beeing assembled together shal intend goe about practise or put in vre with force of armes vnlawfully of their owne authoritie to murder kill or slay any of the kings subiects or to ouerthrowe cut breake or cast downe or dig vp the pales hedges ditches wall or other closure of any parkes or parke or other ground inclosed or the bankes of any fish-pond or poole to the intent that the same or any of them from thenceforth should remaine open not inclosed or void or to haue common or way in the same parks or parke or other grounds or ground inclosed or in any of them or to destroy any parkes or parke or fish-pond or poole or any warrens or warren of conies or any doue-houses or to pul or cut down any house barne or mil or to burne any stacke of corne or graine or to alter defaulke or abate the rents or yearely value of any mannors lands or tenements of any of the Kings subiects or the price of any victual corne or graine or any other thing vsuall for the sustenance or apparell of men and being required or commanded by any Iustice of peace or the sherife of the countie or by any mayor bailife or bailifes or other head officer of any citie or towne corporat where such assembly shall be had by Proclamation to be made in the Kings name to retire or returne to their habitations places or houses and they so required by such proclamation shall not so do but after that shall in forcible manner in forme aforesaid attempt to do or put in vre any of the things last aboue mentioned then euery of the same persons beeing aboue the number of two and vnder the number of twelue shall suffer imprisonment of his or their bodies by the space of one whole yeare without baile or mainprise The remedie of the parties grieued And also if any person or persons shall be damnified or hurt by the doing committing or putting in vre of any vnlawfull act or thing aboue mentioned then all and singular persons so damnified and hurt shall recouer and haue dammages with the costs of their suit sustained in that behalfe trebled against the offendors therein 1. M. 12. 37 If any persons aboue the number of two shal vnlawfully of their own authoritie assemble together to the intent with force and armes to do practise Raising of power to suppresse vnlawful assemblies or put in vre any of the things aboue mentioned Then it shall be lawfull to euery Iustice of peace to euery Sherife in any countie beeing within the K. dominions and to euery mayor bailife and other head officer of any citie or towne corporat for the time he shall be in office or any other person or persons hauing the K. commission or Letters from his highnes as wel to raise and assemble the kings louing subiects in maner of warre to be arraied in such great number as he or they then shall thinke meet or able to the intent by violence of strength to suppresse apprehend and take the said persons that shall bee so vnlawfully assembled And if the said persons so vnlawfully assembled after such cammandement or request by proclamation made shal continue together and not endeauour themselues to returne towards their habitations houses or places from whence they came in as short time as they may conueniently Then it shall be lawful to euery I. of peace sherife and also euery mayor bailife and other head officer of any citie or town corporat to euery other person hauing authoritie as is aforesaid after such commandement or request by proclamation made and to such persons as shal be assembled with any Iustice of peace or sherife or with any mayor bailife or other head officer of any citie or town corporat and with euery other person hauing authoritie as is aforesaid to suppresse apprehend take those persons so vnlawfully assembled which after such proclamation made shall continue together and not endeauour thēselues to returne towards their habitations c. And if the said persons so vnlawfully assembled together or any of them shall fortune to be killed slaine maihemed or hurt in or about the suppressing or taking of them then euery such Iustice Sherife Maior c. and euery other person hauing authoritie as is aforesaid and all and singular persons by him or them assembled shal be frée discharged and vnpunishable as well against the king as against all and euery other person and persons of for or concerning the killing maiheming or hurting of any person or persons so vnlawfully assembled that shall be killed slaine maihemed or hurt about or by occasiō of taking or suppressing of thē c. 1. M. 12. 38 All and euery Copieholder and Customary holder being a yeoman artificer husbandman A copieholder being required refuseth to serue or labourer being of the age of xviij yeares or more vnder the age of lx years not sicke impotent lame maihemed neither hauing any other iust or reasonable excuse or cause to the contrary and beeing required by the sherife Iustice or Iustices of peace or other hauing authoritie by this act or by commission or letters c. they declaring their said authoritie or being required by the immediat Lord or Lords of whom such copie or customary holds then shall be holden to serue the King for any the causes aboue rehearsed and refuse so to doe shall only during the life of such person or persons so refusing forfeit to his Lord or Lords of whom such copie or customarie holds then shal be immediatly holden should be holden during the life of such person or persons so refusing in case he had not refused all their copie customarie holds And it shal be lawful to euery such Lord c. his heirs or assignes of whom such copy or customary holds shal be immediatly holden should haue bin holden in case that such persons or persons had not so refused to enter
it is specially to bée respected in that case that he hath but a pretenced right or title at the time of his Lease made for if he hath a good title in the same land at the time of the said Lease then is he not within the danger of the said Statute though neither hée himselfe nor any of his auncestors nor any by whom he doth clayme the same land haue béene in possession thereof nor of the reuersion or remainder thereof nor haue taken the rents or profites thereof by the space of one whole yeare before the said Lease made For if a man doe enter into lands that be holden of him for an alienation in Mortmaine Or if hée doe recouer lands by a reall action hée may sell the same land or make a Lease of the same land within a yeare after the Entry or Recouerie though neyther hée nor his auncestors nor they by whom hee claymeth the same land haue béene in possession thereof nor taken the Rents or Profites thereof by the space of one whole yeare before Br. Maint 38 6. E. 6. And so it is if a man doe morgage his Land for diuers yeares vpon condition of repayment of money at a certaine day or vpon any other condition If after hée doe redéeme his Land hée may sell it or Lease it within one yeare after though he hath not béene in possession thereof nor taken the Rents or Profites thereof by the space of many yeares before For the meaning of the Statute is not to restraine the bargaining buying or selling of good and cleare Rights but of pretended Righs and Titles And this pretenced Right or Title is What is a pretenced title when one man is in possession of Lands or Tenements and another man who is out of possession of them doth clayme them or doth sue for them for hée is not aptly sayd to haue title to land who is in possession of the same And therefore if he that is out of possession of land doth bargaine sell or make any Agréement Couenant or Promise to depart from the same land or to make any assurance thereof after hée shall recouer the said Land hee is within the danger of the said Statute whether he hath a good title to the same land or not And so it is if one who hath a pretenced Right or Title to copyhold Lands doth bargaine and sell it to another Co. lib. 4. 26 he is within the compasse and danger of the foresaid statute of Anno 32. H. 8. For the words of the statute be If any doe bargaine buy or sell c. any right or title in or to any lands or ténements So that those words any right or title doe extend to all manner of rights or titles and consequently to copyhold lands And séeing a great part of the land of the Realme is graunted by copie Therefore the meaning of the makers of the said Statute of Anno 32. H. 8. was to include them for the auoiding of Suits Maintenance and Champertie and not to leaue all copyhold estates to the mischiefes mentioned in the preamble of the sayd Act. Maintenance by giving of Liueries and retaining 12 Giuing of Liueries Badges Signes and Tokens and retayning of vnnecessarie seruants is an euill budde springing out of the foresayd Branch of Maintenance being put in practise by men of great countenance authoritie and estate and it hath béene from age to age accounted a meane to stirre vp quarrels to boulster Suites to procure Periurie and to subuert iustice And therefore the chiefe Gouernours of this Realme haue endeuoured by many Acts of Parliament to represse or snibbe it as by the Statute of Anno 1. R. 2. 7. Hen. 4. it was ordained St. 1. R. 2. 7. 7. H. 4. 14. That if any person shall giue any Chaperons Hats or such like Liueries to any man for maintenance of quarrels or other confederacies he shall forfeit an hundred shillings for euery such Liuerie and he which receiueth such Liuerie shall forfeit fortie shillings And by the statute of 8. H. 6. it was enacted Sta. 8. H. 6. 4 That if any person of his owne authoritie and proper costs doe buy or weare for his clothing any Clothes or Hats called Liueries of the sort or suit of any Lord Ladie Knight Esquire or other person to haue supportation succour or maintenance in any quarrell or in any other matter and being therof lawfully conuict he shall forfeit fortie shillings and be one yeare imprisoned And by the statute of Anno 1. H. 4. it was prouided St. 1. H. 4. 7. That if any which is a Knight or Esquire meniall of the Kings or who is of his retinue to whom his Maiestie shall giue his honourable Liuerie doe weare his said Liuery in the countrey or Countie where he is resiant or dwelling or in any other place of the Realme out of the Kings presence sauing in going or comming from the Kings house and is thereof duly attainted he shall loose his Liuerie and forfeit his fées for euer And by the statute of Anno 8. Ed. 4. it was established Sta. 8. E. 4. 2. Sta. 1. H. 4. 7. That no person by himselfe or any other for him shall giue any Liuerie or Badge or retaine any person other then his meniall Seruant Officer or learned man in the one Law or in the other by any writing oath or promise And if any doe the contrary hee shall forfeit for euery such Liuerie or Badge giuen an hundred shillings And he which doth retaine or take of any other such oath writing or promise or is retained by Indenture shall forfeit an hundred shillings for euery moneth that any person is so retayned with him by Oath Writing Indenture or Promise And euery person which is retained by Writing Indenture Oath or Promise for euery moneth that he is so retained shall forfeit an hundred shillings But this act shal not extend or be preiudiciall to any Gift Graunt or Confirmation made of any Fée Annuity Pention Rent Lands or Tenements by the King or any others to any person or persons for their counsell giuen or to be giuen or for their lawfull seruice done or to be done and for no other vnlawfull cause or vnlawfull intent although the person to whom such gift graunt or confirmation is made be not learned in the one law or the other Neither doth it extend to any libertie giuen at the Kings or Quéenes coronation or at the instalment of any Archbishop or Bishop or erection creation or mariage of any Lord or Lady of estate or at the creation of any Knights of the Bathe or at the commencement of any clerke in an Vniuersitie or at the creation of Serieants of the law or giuen by any Fraternitie Guild or Mysterie corporat or by the Maior Sherife or other chiefe Officer of any Citie Borough Towne or Port of this Realm of England for the time being during that time for the executing
of them which office or any part of it doth concerne the administration or execution of iustice or which shall cōcern any clerkeship to be occupied in any court of record wherin iustice is to be ministred then he so offending shall not loose onely all his right estate which hée shall then haue of in or to the sayd office or deputation but also he that shal giue or promise any money fée or reward for any such office or deputation shall immediatly vpō the said gift or promise be adiudged a disabled person in the law to all intents to haue or enioy the said office or deputatiō And euerie such bargain sale bond couenant promise and assurance shall bée void to and against him by whom the same is made But this Act shall not be preiudiciall to the chiefe Iust of the K. Bench Common pleas or to the Iust of Assise but they may do in euerie behalfe concerning any office to be granted by any of thē as they might haue done before the making of the same Act. And because the prouidence of the realm did conceiue some iealousie suspition in those learned men in the lawes of this realm who by their owne means industrie for their own cōmoditie and ease obtained to be Iust of Assise in the counties where they were borne or did dwell and did feare that affection fauor towards their kinsmen allies neighbors and friends might sometime allure thē to decline from the beaten path of iustice therfore by one stat made An. 8. St. 8 R. 2. 2. St. 33. H. 8. 14. R. 2. another An. 33. H. 8. it was enacted No man shal be iustice of Assise in his owne countie That no Iustice nor other man learned in the laws of this realm shal exercise the office of Iust of Assise within the countie where he was borne or doth inhabit vpon pain to forfeit for euery offence done contrary to this act C. l. to the K. him that will sue by B. P. I. or actiō of debt wherin no W. E. P. But this stat doth not extēd to any Clerk of Assise associat to any Iust of Assise nor to the Iustices Iustices Clerks or Clerk of Assise withithin the Duchie and County Palantine of Lancaster nor to the I. of the one Bench or the other for taking hearing determining of Assises in the said courts nor to any Iust that shal take any Assise vpon adiournment for difficultie of the same nor to any Maiors Sherifes Recorders Stewards Bailifs Sutors or other officers in any citie borough or towne but they may be I. of Assise of Fresh force and of other Assises in the same towne c. where he or they do dwell or were borne as they might haue bin before And in like sort by the stat of W. 1. A Serieant A Pleader it was established That if any Serieant Pleader St. 3. Ed. 1. 2 or other do any deceit in the K. court or do consent therunto to beguile the court or the partie is therof attainted he shal be imprisoned a yeare a day and being a counsellor he shal not any more be receiued to plead in the K. court for any man and if he be any other than a pleader he shal be imprisoned as aforesaid And if the trespas require a greater punishmēt it shal be at the K. pleasure And by the stat of An. 10. A Philozer An Exigēter H. 6. An. 18. H. 6. it was enacted That if any Philozer Exigenter St. 10. H. 6. 4 18. H. 6. 9. or any other officer of the K. Bench or Common pleas do make any entry in any suit that the plaintife in the same suit hath offered himselfe in his owne proper person except the pl. in the same suit before such entrie be made do appeare in his own proper person before some of the Iust of the place where the plea is depēding there be sworn vpō a book that he is the same person in whose name the said suit is pursued or that some other credible person of the K. counsell wil take such oth for him the said philozer exigenter c. shal forf xl s. to the K. euery time that he shal be attainted by the examinatiō of any of the I. of the same place where any such entry or record is 3 And because Atturneies be also necessary mēbers in the cōmonweale special means to solicit further the executiō of iustice therfore the law hath had a careful regard that they should be men of integrity vertuous and of good name and hath prouided seueral stat to punish such of thē as shall cōmit any notorious falshood guile fraud slacknes ignorance omissiō or contempt of dutie As by the stat of An. 4. H. 4. it was ordained St. 4. H. 4. 18 That all Atturnies shal be examined by the Iust by their discretiōs their names shal be put in the rol they that be good vertuous learned of good name shal be receiued sworne wel truly to serue in their offices specially that they make no suit in a forein coūty And if any such Atturney be notoriously found in any default of record or otherwise he shal forsweare the court neuer after be receiued to make any suit in the K. courts And this ordināce shal be performed in the Exchequer after the discretiō of the treasurer the barōs there And accordingly by one other stat made an 3. Ia. it was enacted St. 3. Iac. 7. That none shall from henceforth be admitted Atturneies in any of the K. courts of record at West but such as haue bin brought vp in the same courts Who shal be Atturneyes or otherwise wel practised in soliciting of causes Soliciters haue bin foūd by their dealing to be skilful of honest dispositiō and none to be suffered to solicit any cause or causes in any of the courts aforesayd but only such as are known to be men of honest dispositiō And no Atturney shal admit any other to follow any suit in his name Following a suit in anothers name vpō paine that both the Atturney he that followeth the suit in his name shal each of thē forf for such offence xx l. to the K. and the party grieued to be recouered in any of the said courts of record by A. B. P. I. wherin no W. E. P. c. And the Atturney in such case shal be excluded frō being an Atturney for euer hereafter By the stat of an 18. H. 6. it was enacted St. 18. H. 6. 9 That in all cases wherin proces of Capias Exigēt lyeth if the Atturney haue not his warrant of record the same terme that the Exigent is awarded he shal lose xl s. to the K. if he be attainted therof by examinatiō of the Iust And by the stat made an 32. H. 8. St. 32. H. 8.
As the law doth both condemne reiect fines and recoueries Warranties deuised by fraud which bée practised or put in execution by fraud or deceit so doth she renounce and make frustrate all sorts of warranties that be deuised or contriued vpon collusion or couin to defeat or defraud others of their iust lawfull titles for though warranties be much fauored in the law for that they be meanes to establish the title of those who be tenants of land in possession but yet if any of thē be vndertaken performed or mixed with fraud then it doth not only loose his fauor but also his force in law Co. lib. 5. 79 50. Ed. 3. 12. 43. E. 3. 7. As if land be giuen to the father for the terme of his life the remainder to his sonne heire apparant in taile and the father by couin agréement betwéene him and another to barre his sonne by a collaterall warranty of his remainder will make a lease of the same land to that other person who will make a feoffement in fée to a third person of the same land to whom the father will release with warranty and thē the father dieth the warranty doth discend vpon his sonne being of full age yet this warranty wil not barre the sonne of this land for the feoffement of the lessée for yéeres was a disseisin and the father was partaker of the offence an actor agréeing thereunto and though the release with warranty was made after the disseisin yet séeing the disseisin was made to that end the law doth adiudge the whole fact frō the beginning to be fraudulent the warranty to begin by disseisin so all that assurance to be void against the heire in taile And in like sort other warranties that do commence by disseisin be contriued to deceiue defeat the right heirs of their iust and lawfull titles 20. H. 6. 10. Regist f. 113 44. Ed. 3. 4. 12 If one do bring a Praecipe quod reddat against two other men Deceit by getting of a Protection and they do purchase a protectiō for one of thē suggesting that he is to go beyond the sea in the kings seruice whereas he doth not so but remaineth still in England and so hath done euer sithence his protection purchased by which meanes the demaundant is delayed of his suit in this case the same demaundant may haue a writ of Deceit against the said tenants for this deceit and delay and shall recouer his dammages Deceit by purchasing a writ to charge another 13 Whereas according to the course of the Chauncery Fit Nat. Br. 96. the king is to haue of euery person who doth bring against another an action of Debt of the summe of fortie pounds or more vj. s̄ viij d. for a fine and for an hundred markes vj. s̄ viij d. and so for euery hundred markes vj. s̄ viij d. and for euery Praecipe quod reddat brought of land to the yearely value of fiue markes vj. s. viij d. and so according to that rate vnlesse it be a writ of right patent If any other person doe purchase a writ in the Chauncerie in my name without my priuitie whereby I shall be charged to pay to the king for a fine any of the summes aforesaid I may haue an action of Deceit against him and recouer my dammages for this writ was obtained to put me to charges and thereby to deceiue me of so much Deceit for purchasing a writ in anothers name 14 If A. being patron of a Benefice Fitz. Na. Br. 96. Regist f. 112. 7. H. 6. 45. when the Church is void do present his Clerke to the Ordinary and B. doth disturbe him whereupon C. doth purchase a Quare impedit against B. in the name of A. returnable in the common pleas A. not knowing thereof and after doth cause the writ to be abated or A. to be nonsuit in that writ in this case A. may haue a writ of Deceit against the same C. and recouer his dammages Deceit for procuring of a suit And if B. doe procure C. to sue an action against A. whereby A. is vexed Fitz. Na. Br. 98. A. may haue a writ of Deceit against B. Deceit by acknowledging of a statute 15 If A. and B. doe come before the Mayor of the Staple Fitz. Na. Br. 105 100. Regist f. 115 or before any other Mayor of any Citie Borough or Towne hauing authority to take acknowledgement of debts and there A. doth acknowledge a statute to B. of an hundred pounds or c. in the name of C. and doth report himselfe to be C. where he is not so whereupon C. is troubled and this statute extended against him then the same C. may haue a writ of Deceit against the said A. and B. and shall recouer his dammages And so it is if another man will leuie a fine of my land in my name Deceit by doing of a iudiciall act in anothers name or confesse an action brought against me in my name or will enter into a voucher in my name 19. H. 6. 44. Regist f. 113 and confesse the demaundants action or will acknowledge a Recognizance or statute Marchant or other matter of Record in my name I haue no other remedie but by an action of Deceit But it is otherwise if he seale and deliuer an obligation in my name for I may plead that it is not my déed which I cannot doe against a Record Deceit by forging of a resignation 16 If a Notarie Fitz. Na. Br. 99. Regist f. 114 and other persons doe by agréement counterfeit the seale of any Parson or Vicar and forge letters of resignation of his Parsonage or Vicarage in the name of the same Parson or Vicar by which meanes he is remoued from the possession of the same Parsonage or Vicarage he may haue a writ of Deceit against the same forgers 20. H. 6. 36. 21. H. 7. 41. 16. Ed. 4. 9. 17 If a man doe bargaine with another to enfeoffe him of certaine lands within twenty daies Deceit by assuring of land to one man which was bargained to another or c. and after he doth enfeoffe a stranger of the same land the he with whom the bargaine was made and was deceiued therein may haue a writ of Deceit against him that so bargained and defeated him thereof And so it is if a man doe compound with another to purchase a mannor or certaine land for him and hée doth buy it for himselfe the partie may haue an action of Deceit against the same purchasor And in all cases where a man doth promise to doe a thing and he doth it falsely a writ of Deceit is maintainable against him Deceit by charging of land after sale as if a man doe promise to assure land to another and after he doth graunt a Rent charge or a common out of it or doth make a Lease for life
person vsing buying and selling of Pewter or Brasse doe occupie any false or deceitfull beames or weights of the sayd wares hee shall forfeit xx s. to the King and the partie that will sue And if hée be not able to pay so much he shall be put in the stockes vntill the next Market day and then set on the Pillorie all the Market time By the Statute of Anno 23. Deceit in winding of wooll H.S. No person shall wind or cause to be wound St. 23. H. 8. 17. any fléece of wooll not béeing sufficiently washed nor put in a fléece any clay lead stones sand tailes deceitfull lockes cot calles cumber lambes wooll nor any other thing whereby the fléece may be the more weightie to the deceit and losse of the buyer vpon paine to forfeit for euery fléece vj. pence to the king and finder and proouer of the same deceit Deceit in packing of wooll By the Statute of Anno 8. H. 6. St. 8. H. 6. 22 If any wooll packer doe make any other but good and due packing hée that féeleth himselfe grieued thereby shall haue his action of Trespasse and deceit at the Common law against him And if any stranger doe force clacke or beard any wooll hee shall forfeit the same or the value thereof and bée imprisoned By the Statute of Anno 23. Deceit in vsing of waxe or hony Eliz. St. 23. El. 8. Euery person which in the making and melting of waxe or hony shall vse any deceit by mingling the same with rosin tâ—llow turpentine or any other deceitfull thing to the intent to sell or offer the same to bee sold shall forfeit the same mingled waxe or hony And if it be sold before the corruption shal be found then he shal forf ij s. for euery pound to the K. the party deceiued Deceit in Vpholsters if he will sue By the stat of An. 11. H. 7. An. 5. E. 6. St. 11. H. 7. 19. 5. E. 6. 23. If any person shal make to the intent to sell or offer to sell any featherbed boulster or pillow except the same be stuffed with drie pulled feathers or cleane downe onely without mingling of scalded feathers fen-downe thistle down sands lime grauel haire or any other deceitfull or corrupt stuffe or shal make to the intent to sell or offer to put to sale any quilt mattrice or cushions which shall bee stuffed with any other thing than feathers wooll or flockes alone hee shall forfeit the same so sold or offered to be sold to the K. and him that will sue By the stat of Anno 1. Bringing in deceitful hops Iac. If any forreiner denizen or Englishman shall bring St. 1. Iac. 1â— or cause to be brought into this realm out of any forreine dominion beyond the sea any deceitful hops mixed with powder dust sand or other soile whatsoeuer he shal forf the same hops And if any Brewer of ale or béere which shall buy the same brought from beyond the seas or growing within this realme shall spend the same about the brewing of ale or béer to be sold being corrupt or mixt with powder dust or any soil whatsouer he shal forf the same or the value therof to the K. and him that will seise or sue for the same For the auoiding of great deceits committed in selling of sundry sorts of corrupt and mingled spices drugges wares St. 1. Iac. 19. and other marchandizes garbleable by a statute made Anno 1. Deceit in spices drugs Iac. it was ordained That all spices wares drugges and other marchandizes garbleable shall for the fées vsually allowed in that behalfe be sufficiently garbled and diuided and after sealed by the garbler his deputy or seruant before the same be sold shall not after be mixed with any garble vpon paine of the forf of the same or the value thereof Deceit in Woollen cloth to the King and him that will sue for the same And because in seuerall ages there haue bin diuers many deceits and frauds practised put in vre in the spinning carding dying of wooll woollen yarne in the making weauing fulling watering tucking milling rowing dying thicking folding pressing tacking mingling teÌ„tering straining stretching measuring searching marking sealing of woollen cloth in the length bredth weight thereof to the preiudice hinderance of the buiers or wearers of the same for the preuention restraint whereof by the statutes made AnnÌ„ 2. E. 3. 14. 3. R. 2. 2. 13. R. 2. 11. 4. H. 4. 6. 7. H. 4. 10. 13. H. 4. 4. 6. H. 8. 9. 25. H. 8. 18. 27. H. 8. 12. 3. Ed. 6. 2. 5. Ed. 6. 6. 4. 5. P. M. 5. 8. El. 12. 23. El. 9. 27. El. 18. 35. El. 10. 39. El. 20. 43. El. 10. 3. Iac. 16. it was ordained enacted how the wooll prouided for the making of cloth to be sold shal be spun carded dyed and of what length bredth weight seuerall sorts of clothes wrought in seuerall counties cities townes and parts of the realm made to be put to sale shall and ought to be and how in what maner sort the same seueral clothes shall be made wouen fulled watered tucked milled rowed dyed thicked folded pressed tacked mingled tentered strained stretched measured searched marked sealed seueral penalties be inflicted vpon the transgressors therin if any of the same be omitted or otherwise vsed then they ought to be Euery of which to set downe particularly or so much thereof as at this present are reputed in force would require a large discourse or whole Treatise by it self And the which I do the rather refraine to set downe expresse because it is doubtfull and disputable whether any branch or article in either of the foresaid statutes or any other statute doe repeale diminish or alter the force of any other former statute or braunch of statute And therefore consider of thrée seuerall branches of repeale in the before mentioned statutes of Anno 5. Ed. 6. 6. 8. El. 12. 43. El. 10. Et quaere 42 As the gouernors of this state haue bin prouident from time to time to preuent punish deceits and frauds when they were practised towards mens lands leases annuities rents debts or other goods cattels or rights so haue they taken care that mans health shal be preserued their bodies defended froÌ„ féeding vpon deceitful corrupt victuall haue ordained laws to punish those who in stéed of good deceiued men with bad corrupt vnwholsome vïands as it appeareth by the stat made An. 51. H. 3. An. 51. E. 1. wherby it is ordained That a butcher the selleth swines flesh measled St. 51. H. 3. 3 St. 51. Ed. 1. or flesh dead of the morion Deceit by selling of vnholesome victuals after that he shal be conuict therof for the first time shal be grieuously amerced the second time he shal
the foresaid ordinances in any point of the same shall lose to the partie in this behalfe endammaged or grieued his treble dammages and shal forfeit xl l. at euery time that any do the contrarie in any point of the same whereof the king shall haue the one halfe to be imployed onely to the vse of his house the party that will sue The warden of the Fleete the other But the Warden of the Fléet and of the K. palace at West shall not be preiudiced by this ordinance in his dutie of his office Extortion in a Sherife for sparing of a Iuror 7 To the intent that the Sherife nor any of his officers should take any reward for the sparing to returne any Iuror and by that meanes commit extortion by a stat made anno 27. El. it was prouided That if any Sherife St. 27. El. 6. Vndersherife Sherifes deputie Sherife or Vndersherifes Clerke or any Bailife of Franchise shall receiue haue or take by himselfe or any other any summe of money reward or other profit directly or indirectly or do take any promise make any agréement or assent to haue any summe of money reward or other profit directly or indirectly of any person or persons for the sparing not warning or not returning of any person to be sworn as a Iuror for the tryal of any issue ioyned in any of the courts of the K. Bench Common Pleas and Exchequer or before any Iustice then euery Sherife c. so offending shal forfeit for euery such offence v. l. to the K. and I. to be recouered in any Court of Record by A. B. P. I. c. wherein no W.E.P. c. How much Sherifes may take for seruing of an execution 8 And for that our later age thought it as expedient to preuent extortion or oppression in Sherifes and other their Officers in seruing of executions as the former age did in making of arrests or attachements c. and to the intent that the Sherife and his Officers might know what to demaund and take for the seruing of an execution without danger of extortion and that the sutor might be ascertained what to offer and pay therefore without any scruple of receiuing iniurie by a statute made An. 29. Eliz or rather An. 28. St. 29. El. 4. St. 28. El. 4. Eliz. it was enacted That it shal not be lawful to or for any Sherif Vnder-sherife Bialife of Franchises or liberties nor for any of their or either of their officers ministers seruants Balifes or Deputies nor for any of them by reason or colour of their or either of their offices to haue receiue or take of any person or persons whatsoeuer directly or indirectly for the seruing and executing of any extent or execution vpon the body lands goods or chattels of any person or persons whatsoeuer more or other consideration or recompence than in this Act is and shall be limited which shall be lawfull to bee had receiued and taken viz. twelue pence of and for euery 20. shillings where the summe excéedeth not an hundred pounds and sixe pence of and for euery 20. shillings being ouer aboue the said summe of an hundred pounds that he or they shall so leuy or extend and deliuer in execution or take the body in execution for by vertue and force of any such extent or execution whatsoeuer vpon paine penaltie that all and euery Shirife Vndershirife Baylife of Franchises c. which at any time shall directly or indirectly doe the contrary shall loose to the party grieued his treble dammages shall forf xl l. of lawful English money for euery time that he they or any of them shall do the contrary to the Q. I. to be recouered by A. S. B. or I. wherein no W.E.P. Prouided alwaies Execution within cities or townes corporat that this act shall not extend to any fées to be taken or had for any execution within any city or towne corporat St. 2. H. 4. 8 9 By the stat of An. 2. H. 4. it was established Extortion in the chirographer of the common place That the Chirographer of the common place nor his fermor deputy or lieutenant shall not take any more then iiij s̄ for any fine leuied in the same court And if the fermor deputy or lieutenant do take any more he shall forf his office be excluded the same court suffer one yéeres imprisonment pay to the party grieued his treble damages and the party grieued shall haue his suit before the same Iustices Sta. 33. H. 8. 39. 10 By the stat of Ann. 33. H. 8. it was enacted Extortion in auditors or their clerkes That if any auditor of the Exchequer Duchy of Lancaster court of Wards and Liueries or any of his clerkes or any other to their or any of their vse shall take for the inrolment of any letters patents decrées of the same courts grants or indentures of leases or for the allowance of the same aboue 3. s̄ 4. d. he so offēding shal forf 6. s̄ 8. d for euery peny that he taketh aboue the foresaid summe to the K. I. c. to be recouered by A. I. wherein no W.E.P. c. And if any person doe offer to any such auditor any such letters patents decrées or leases to be inrolled hée shall inroll the same or as much thereof as shall appertaine to his office St. 33. H. 8. 39. 11 By the same stat of An. 33. H. 8. it was moreouer ordained Extortion in the kings receiuers That euery receiuer of the Exchequer Duchy of Lancaster court of Wards Liueries which shall pay to any person an annuity pention or other rent shall if the same person will vpon the receit thereof deliuer vnto him a sufficient acquittance sealed signed testifying the same receit receiue the same without taking any reward therefore vpon paine to forf for euery penny or pennyworth receiued 6. s̄ 8. d. And if the party do not deliuer such a sufficient acquittance but that the receiuer or his clerke doth make the same he shall haue therefore 4. d. and if he take aboue 4. d. he shall forf for euery penny or pennyworth so taken 6. s̄ 8. d. And if any Treasurer Receiuer or Minister accomptant Extortion in them who doe pay fées pentions c. or their deputies which shall pay to any person any fée annuity pention dutie warrant or rent do retaine receiue or take of the party to whom he shal pay the same in way of reward or otherwise aboue 4. d. for euery l. that he shal pay he shal forf 6. s̄ 8. d. for euery penny or pennyworth that he shall receiue ouer to the party grieued to be recouered by A. B. or P. wherein no W. E. or P. c. 12 By the stat of An. 26. H. 8. it was ordained Extortion in officers of the Exchequer That if any Officer of the exchequer do
is an oppression and for the redresse thereof the same tenant may pursue against his lord a Writ of Ne iniuste vexes grounded vpon a braunch of the statute of Magna Charta St. 9. H. 3. 10 thereby commaunding the Lord that he shall not oppresse nor vniustly vexe his tenant for more rent or seruices then hée ought to pay or doe 12. E. 4. 7. 28. Ass p. 33 5. Ed. 4. 82. Or otherwise the tenant may auoid this surplusage of rent in an Assise Writ of Rescous or Cessauit brought against him by his lord but in a Repleuin he cannot auoid his lord of this rent newly incroched séeing the same lord hath had seisin thereof and so it is if the lord of a Manor 40. Ed. 3. 44. 49. Ed. 3. 22. 39. E. 3. 6. which is auncient demesne will encroch vpon his tenants and distraine them or any of them that hold their lands by Charter fréely to doe other seruices or customes to the same lord then they ought to doe or that their auncestors were accustomed to do this is an oppression of the same tenants and for the redresse thereof all the tenants of the said auncient demesne Manor may haue against their said lord the kings writ of Monstrauerunt directed to the said lord commaunding him thereby that hée shall not require nor cause to bée required of his said tenants more seruices or customes then they ought to doe Fitz. Na. Br. 14. or had wont to doe And if after the said writ directed he will distraine the goods of them or any of them againe to doe more seruices then they ought to doe Then the same tenants or such or so many of them as bee so distrained may procure an attachment against their said lord Fitz. Na. Br. 15. returnable in the K. Bench or common place for this oppression and contempt wherin euery of the same tenants shall recouer his dammages seuerally according to his losse 8 Euery excessiue amerciament which one person doth take of another Oppression by excessiue amerciament is also to be accounted an oppression of the party so amerced for by the Statutes of Magna Charta West 1. St. 9. H. 3. 14 3. Ed. 1 6. it is ordained That no Citie Borough Towne or man shall be amerced but for a reasonable cause and according to the quantitie of his offence and euery fréeman shall bée amerced sauing his fréehold a marchant sauing his marchandize and euery other mans villaine besides the kings sauing his villaine tenure and the same amerciaments shall bee assessed by the oath of honest and lawfull men of the same vicenage So that if one person doe take a much greater amerciament of another then the quantitie of his offence doth require in a Court Baron or other Court which is not of record or doe take that amerciament of his owne authoritie without being before assessed by others vpon their oathes and so maketh himselfe iudge in his owne cause this is an oppression of the party amerced for the redresse whereof the party grieued may procure to be directed to the lord of the said Manor or to his Baylife a Writ of Moderata misericordia which was founded vpon the said stat of Magna Charta commaunding them thereby Fitz. Na. Br. 75. that they shall take a moderat and indifferent amerciament of the same person according to the quantity of his offence And if the lord or his baylife will not then cease to distraine for the said excessiue amerciament the partie so oppressed may haue against the offendor an attachment directed to the Shirife of that Countie where the same Distresse is taken to attach him to appeare in the kings Court and to answere his said offence Oppression by committing of wast 9 The Wast and Estrepement which one person hauing a particular estate in another persons land doth make or commit to the disheritance of him in the reuersion or remainder of the same land without his consent may also be accounted an oppression of him in whom the said inheritance is for when one person doth lease or otherwise conuey his land to another for the terme of life liues or yeares he doth in effect but lend the same land to the sayd particular tenant for the terme betwéene them agréed vpon expecting to haue the same againe at the end of the terme in as good plight and in such sort as it was when he first did deliuer and lend it And therefore if the particular tenant during the continuance of his estate doe commit any wast in the same land he cannot deliuer it againe at the end of his terme in such plight and sort as at the first he did receiue and borrow it but by the wast the perpetuall profit of the land is impaired and therefore of so much in value hée in the reuersion or remainder is disherited And for the preuention thereof by the statute of Marlebridge it was ordained St. 52. H. 3. 24. That Farmors during their termes shall not make wast sale or exile of houses woods or men nor of any thing belonging to the Tenements which they haue in farme without they haue speciall graunt in writing making mention of a couenant that they may doe it And to the intent that condigne punishment might bée prouided and inflicted vpon such as should be transgressors and oppressors in these cases of Wast by the statute of Gloucester it was enacted St. 6. Ed. 1. 5 That a man shall haue an action of Wast in the Chauncerie against him which is tenant by the courtesie of England The tenants forf which cōmitteth wast or otherwise tenant for terme of life or for terme of yeares or against a woman which holdeth in Dower and he which shall bée attainted of Wast shall forfeit the thing wasted and besides shall pay treble so much as the Wast shall be taxed and after by the statute of Westminster the second the same was in a sort confirmed St. 13. E. 1. 14 and the said action of Wast was againe giuen against the foresaid tenants by the courtesie in dower for terme of life or yeares and also ordained to extend against Gardens And by the same statute the proces to be vsed in the said action of Wast was assigned to be Summons Attachment and Distresse and if the party defendant doe not appeare at the distresse then a writ shall be awarded to the Shirife to inquire of the wast by the oathes of twelue men And because diuers persons did let their lands to others sometime for terme of life or anothers life and sometime for terme of yeares and after the said tenants did graunt their estates which they had in the same Lands and Tenements to others to the intent that they in the reuersion viz. their lessors their heires or assignées should not take knowledge of their names and yet the first lessees did continually occupie the said Lands and tooke the profites to
in the same cases either he is or is offered to bée oppressed and wronged And in all the same cases the oppressor endeauoureth to make the Lawe his colour and instrument to abuse him 11 Forestallers Ingrossers and Regrators deserue to bée reckoned amongest the number of Oppressors of the common good and publike wealth of the Realme for they doe endeauour to inrich themselues by the impouerishment of others and respect not how many doe lose so they may gaine They haue beene exclaimed vpon and condemned in Parliament from one generation to another as appeareth by the Statutes of Anno 51. H. 3. Anno 34. Ed. 1. Anno 25. Ed. 3. Anno 27. Ed. 3. Anno 28. Ed. 3. Anno 31. Ed. 3. Anno 42. Ed. 3. Anno 2. R. 2. Anno 6. R. 2. Anno 14. R. 2. Anno 25. H. 8. Anno 5. Ed. 6. Anno 5. El. but amongst the others specially forestallers St. 34. Ed. 1. for by the foresaid Statute of Anno 34. Ed. 1. it was ordained That no forestaller shall be suffered to dwell in any towne for hée is a manifest oppressor of the poore and a decayer of the rich a publike enemy of the countrey a Canker a Moth and a gnawing worme that daiely wasteth the common wealth And the acte and name of a Forestaller was so odious in that time that it was mooued in Parliament to haue had it established by Law That a Forestaller should bée baited out of the town where he dwelt by dogges and whipped forth with whippes But because in time it grewe in question who was to be accounted a Forestaller Oppression by forestallers ingrossers regrators who an Ingrosser and who a Regrator and what punishment former lawes had inflicted vpon them therefore to the intent that they and their offences might more certainely be laid open to the knowledge of the whole Realme and condigne punishment prouided for them St. 5 and 6. Ed. 6. 14. by a Statute made Anno 5. 6. E. 6. it was established Who is a forestaller That whatsoeuer person or persons shall buy or cause to be bought any marchandise victuall or other thing comming by land or water towards any faire or market to be sold in the same or cōming toward any city port hauen créeke or rode of this realm or Wales from any part beyond the sea to be sold or make any bargain cōtract or promise for the hauing or buying of the same or any part thereof so comming as aforesaid before the same marchandise victuals or other things shall be in the market faire citie port Hauen Créeke or Rode readie to be sold Or shall make any motion by word letter message or otherwise to any person or persons for the inhaunsing of the price or déere selling of any of the things aboue mentioned Or else disswade mooue or stirre any person comming to the Market or Faire to forbeare to bring any of the things aboue mentioned to any Faire or market citie port c. to be sold as aforesaid shal be adiudged a forestaller But by the statute of an̄ 13. El. it is ordained That the said Statute of an̄ 5. 6. Ed. 6. St. 13. El. 25. shall not extend to any wines oyles sugars spices currans or other forraine victuals brought from beyond the sea fish and salt onely except Whatsoeuer person or persons shall by any meanes regrate obtaine St. 5. and 6. Ed. 6. 14. or get into his or their hands Who is a regrator or possession in any faire or market any corne wine fish butter chéese candles tallow shéepe lambes calues swine pigges géese capons hennes chickins pigeons conies or other dead victuall whatsoeuer that shal be brought to any faire or market within this realme or Wales to be sold and doe sell the same againe in any faire or market holden or kept in the same place or in any other faire or market within iiij miles thereof shal be reputed and taken for a regrator or regrators Whatsoeuer person or persons that shall ingrosse St. 5. and 6. Ed. 6. 14. or get into his or their hands by buying Who is an ingrosser cōtracting or promise taking other than by demise grant or lease of land or tythe any corne growing in the fields or any other corne or graine butter chéese fish or other dead victuals whatsoeuer within the realm of England to the intent to sell the same againe shal be reputed and taken an vnlawfull engrosser or engrossers If any person or persons shall offend in any of the things before recited St. 5. and 6. Ed. 6. 14. and being thereof duely conuicted or attainted by the lawes of this realme The punishment of forestallers regrators and ingrossers or after the forme hereafter mentioned he or they shall for his or their first offence haue or suffer imprisonment by the space of two moneths without baile or mainprise and shall also lose and forfeit the value of the goods cattels and victuall so by him or them bought or had And if any person lawfully conuicted or attainted of or for any the offences abouesaid be thereof eftsoones lawfully conuicted or attainted then euery person or persons so offending shall haue suffer for his said second offence imprisonment by the space of one halfe yeare without baile or maineprise and shall lose the double value of all the goods cattels and victuall so by him bought or had as is aforesaid And if any person being lawfully twice conuicted or attainted of or for any of the said offences shal eftsoones offend the third time and be thereof lawfully conuicted or attainted then euery such person for the third offence shal be set on the pillorie in the city towne or place where he shall then dwell and inhabit and lose and forfeit all the goods and cattel that he or they haue to their owne vse and also be committed to prison there to remaine during the kings pleasure Prouided alwaies that the buying of any such barley bigge or oates St. 5. and 6. Ed. 6. 14. as any person or persons not forestalling shall conuert into mault Cases wherein regrating or ingrossing be tollerable or oatmeale in his or their owne house or houses or shall so be conuerted indeed or the buying of any such thing by any such Fishmonger Butcher or Poulter as concerne his or their owne facultie craft or mystery otherwise than by forestalling which shall sell the same againe vpon reasonable prices by retaile or the taking of any cattell corne graine butter chéese or any other thing aboue mentioned reserued without fraud or couin vpon any lease for terme of life or liues yeare or yeares heretofore made or hereafter to be made or the buying of any wine or other dead victuall aboue mentioned being apt and méete for mans sustenance by any Inholder or other victualler to sell the same by retaile within his house or to any of his neighbours for their sustenance for reasonable
prices or the buying of anie dried or salted fish herring or sprats not forestalled and solde for reasonable prices or the buying of any corne fish butter or chéese by any such Badger lader kidder or carier as shall be assigned and allowed to that office or doing by thrée Iustices of Peace of the Countie where the said badger lader kidder or carier shall dwell which shall sell and deliuer in open faire or market or to any other victualler or to any other person or persons for the prouision of his or their house or houses all such corne graine butter and chéese as any such person shall buy or cause to be bought and that within one moneth next after he shall so buy any such corne graine butter or chéese so that the same shall be bought without forestalling or else that any such common prouision made or héereafter to be made without fraud or couin by any person or persons of any of the things abouesaid for any citie borough or towne corporat or for the prouision or victualling of any ship castle or fort within the kings dominions without forestalling which shall be imployed onely to that vse and purpose or the buying and prouision of any of the victualls aboue mentioned necessary for the furniture and prouision of the inhabitants or of the towne of Barwicke Holy Island or the Marches of England against Scotland which without fraud or couin shall be transported and conueied as soone as winde and weather may serue to such of the places aforesaid for the which the same shall be so prouided shall not be in any wise deemed adiudged or taken any offence contrarie to this Act. If any person or persons hauing sufficient corne and graine for the prouision of his or their owne house or houses St. 5. 6. Ed. 6. 14. and sowing of their grounds for one yeare doe buy any corne in any faire or market Buying of corne for the change of seede for the change of his or their séede and do not bring to the same faire or market the same day so much corne as he shall fortune to buy for his seede and sell the same if he can as the price of corne then goeth in the said market or faire then euery such person or persons so buying corne for séede shall forfeit and loose the double valew of the corne so bought If any person or persons shal buy any manner of oxen ronts stieres kine heifers St. 5. 6. Ed. 6. 14. calues shéepe lambs goats or kids liuing Buying and selling of cattell aliue and sell the same againe aliue vnlesse he or they do kéepe and féede the same by the space of fiue wéeks in his or their owne houses ground farme ground or else in such ground or grounds where he or they haue the herbage or common of pasture by graunt or prescription then euery person and persons so buying and selling againe shall loose the double valew of the cattell or things so bought and sold againe The moitie of all which forfeitures afore rehearsed shall be to the King and the other moitie to him or them that will sue in any of the Kings Courts of Record by B.P.A. or I. c. in the which no W.E.P. c. The Iustices of peace in euery County within this Realme or Wales at their quarter Sessions St. 5. 6. Ed. 6. 14. shall haue full power and authoritie by vertue of this Act to inquire heare and determine all and euery the defaults and offences The authoritie of Iustices of peace committed or done contrary to this Act within the County where any such Sessions shall be kept by Inquisition presentment bill or information before them exhibited by examination of two lawfull witnesses or by any of the same waies or meanes by the discretion of the said Iustices and to make processe thereupon as though they were indicted before them by Inquisition or by verdict of twelue men or more and vpon the conuiction of the offendor by information or sute of any other than the King to make extracts of the one moity of the forfeitures to be leuied to the Kings vse as they vse to doe of other fines issues and amerciaments growen in the Sessions of peace and to award execution of the other moity for the complainant or informer against the offendor by Fieri facias or Capias as the Kings Iustices at Westminster may doe and vse to doe And if any such conuiction or attainder shall héereafter happen to be at the Kings sute onely then the whole forfeitures to be extracted and leuied to the Kings vse onely Whatsoeuer person shall at anie time heereafter be punished by vertue of this Act But once punished for one offence for any thing mentioned in this Act then the same person shall not otherwise be vexed troubled sued or put to any paine or punishment for that one thing wherefore hée or they shall haue béene so punished Prouided alwaies St. 5. 6. E. 6. 14. that it shal be lawfull to euery person or persons which shal be assigned and allowed by thrée Iustices of the peace of the county where he shall dwell Transporting allowed by Iustices of peace thereunto to buy otherwise than by forestalling corne graine or cattell to be transported or carried by water from any port or place within the said Realme or Wales vnto any other port or place within the saide Realme or Dominions if he or they shall without fraud or couin shippe or imbarke the same within fortie dayes next after he or they shall haue bought the same or taken couenant or promise for the buying thereof and with such expedition and diligence as winde and weather shall serue to carrie and transport the same to such port or place as his or their cockets shall declare and there doe dis-barke vnlade and sell the same and doe bring a true certificat thereof from one Iustice of peace of the County or maior or bailife of the towne corporat where the same shall be vnladen and also of the Customer of the port where such vnlading shal be of the place and day where the saide corne or cattell shall be disbarked vnladen and solde to be directed vnto the Customer and Comptroller of the port where the same was imbarked At all times when wheate shall be commonly at the price of sixe shillings eight pence the quarter When corne may be ingrossed or vnder St. 5. 6. E. 6. 14. mault and barley at thrée shillings foure pence the quarter or vnder otes or otes maulted at the price of two shillings the quarter pease or beanes at the price of foure shillings the quarter or vnder and rie or mescelin at the price of fiue shillings the quarter or vnder all which quarters shall be intended to be of London measure then it shall be lawfull to euery person and persons not forestalling to buy ingrosse and keepe in his or their
their churches houses c. for pasturing of cattell or increase of corne for the only expences of their households or for their cariages and iourneyes may take in farme other lands and buy and sell corne and cattell for the only manurance tillage and pasturage of such farmes so that the increase thereof be alwaies imployed to the onely expences in their housholds and not to buy and sell againe for any other commoditie but onely the ouerplus of such corne and cattell aboue the expences of their housholds if any such shall happen to be bred and increased therof without fraud or couin St. 21. H. 8. 13 And for the causes aforesaid by the said statute of An. 21. H. 8. it was moreouer ordained That no spirituall person beneficed with cure Oppression by them in farming of parsonages c. shall haue or occupy by himself or any other to his vse any Parsonage or Vicarage in farme of the lease or graunt of any other person or take any rent or profit out of any such farme vpon pain to forf xl s̄ euery wéeke that he or any to his vse shall occupy any such farme also shall forf ten times the value of such profite or rent which he shall take out of any such farme to the K. I. to be recouered by A.I. P. c. wherein no W.E.P. c. Oppression by kéeping a Tanne-house or Brewhouse And moreouer no spirituall person shall haue vse or kéepe by himselfe or any other to his vse or cōmodity any Tan-house to be occupied to his vse or cōmodity or any Brewhouse to any other intent then only to be spent and occupied in his own house vpon paine to forfeit for euery month so vsing or occupying any of the said misteries x. l. to the K. and I. to be recouered by A.P.I. wherein no W.E.P. c. Oppression by taking of excessiue toll 21 Because complaint was made in parliament that some did oppresse the people by taking excessiue outragious toll in market townes therfore by the stat of West 1. it was enacted St. 3. E. 1. 30. That if any do take outragious toll contrary to the custome of the realme in a market towne which is the K. towne and let to fée farme the K. shal seise the franchise of the market into his owne hands if it be anothers towne that be done by the lord of the towne the K. shal do in like sort and if it be done by a bailife or other mean officer without the cōmandemēt of his lord he shal restore to the plaintife for his outragious taking so much as he hath receiued of him if he hath caried away the toll shal be imprisoned xl daies No oppression shal be done to strangers 22 The gouernors of this realme hauing from time to time a special regard that reciprocall courtesie fauor might be performed to all strangers aliens that did come into this realme to marchandize or to any other good intent and that Ius gentium might be yéelded vnto them haue made many good laws and statutes to protect defend them from oppressions wrongs As K. Henry the third ordained by the stat of Magna Charta St. 9. H. 3. 30 That all marchants if they were not lawfully prohibited before shall haue their safe sure cōduct to depart forth of the realme to come into England to tarry go through England aswel by land as by water to buy or sell without any manner of euill tols according to the ancient lawful custemes sauing in time of warre And if they be of a country in warre with vs they shal be attached without hurt of their bodies or goods vntill it be knowne to vs or our chiefe iustice how the marchants of our land be vsed in that country wherwith we haue war and if our marchāts be wel vsed there theirs shal be so likewise with vs. And by the stat of an 9. E. 3. St. 9. E. 3. 1. St. 25. E. 3 2 it was enacted That all marchant strangers denizens all other the will buy and sel corne wines auer de pois flesh fish all other liuings victual wools clothes all other things vendible frō whence soeuer they come at what place soeuer it be city borough towne port of the sea fayre market or elsewhere within the realme within franchise or without may fréely sel them to what person it shal please thē aswel forreins as denizens in grosse at retaile or by parcels at their wils to all people the will buy the same except to the enemies of the K. and his realme notwithstanding any charter vsage or custome And if any disturbance be done to any marchant stranger or denizen or to any other for the sale of such things in any city borough towne port of the sea or other place which hath franchise the maiors bailifes or other which haue the rule of such franchise being required by such marchants or other thereof to prouide remedy do not thereof be attainted the franchise shal be seised into the K. hands and neuertheles they which haue done such disturbance shal restore to the said marchant his double damages which he hath therby sustained And if such disturbance or interruption be done in such places or townes where no franchise is and the lord if he be present or his baylife constable or other ruler of the said townes and places in the absence of the lord being therein required to doe right and do not thereof be attainted they shal yéeld to the plaintife dammages as aforesaid the disturbers in the one case in the other as well within the Franchises as without if they be attainted shall haue one yéers imprisonment and be ransomed at the kings pleasure No alien or denizen vpon the foresaid paine shal be troubled but he may fréely buy such things aforesaid in the said places carry them where it pleaseth him to his owne vse or to the profit of the king or the realme sauing that such Marchants aliens shall carry no wine out of the same realme St. 6. R. 2. 10 And by the stat of Ann. 6. R. 2. it was established That all aliens being in friendship with the king and the realme comming into any cities or townes within the realme with fish or other victuals and there tarrying returning againe to their owne countries shall be vnder the kings protection and it shall be lawfull to euery of them to cut their fish victuals in pieces by retaile or in grosse to sell the same And by the stat of an̄ 14. St. 14. H. 6. 6 H. 6. it was prouided That if any man disturbe any alien to sell his fish in forme aforesaid he shall forf x. l. to the K. him that will sue And besides the stat of an 31. E. 3. 10. an 7. R. 2. 11. an 11. R. 2. 7.
amend his vessels 25 It is an oppression to many thousand woollen cardmakers cardwierdrawers of this realme who do liue by the same trade Oppression by bringing in of woollen cards to haue cards for wooll brought out of forraine regions into this Realme here sold to the hinderance of the sale of their like wares And therefore if any person shall bring or send or cause to be brought or sent any such cards for wooll to be bartered or sold in England or Wales St. 39. El. 14 St. 1. Iac. 25 by the stat of An. 39. El. he shall forf them or the very value of them to the K. and him that will seise or sue for the same 26 If any person shall erect a new weare along the sea shore Oppression by erecting of weares or in any hauen harbour or créeke or within 5. miles of the mouth of any hauen or créeke or shall willingly take destroy or spoile any spawne fry or brood of any Sea fish in any weare or other engine or deuice whatsoeuer Oppression by destroying of fish this is an oppression to all those that liue by or vse fishing in those parts and a hinderance to the coÌ„monwealth St. 3. Iac. 11 And therefore by the stat of An. 3. Iac. the offendor shal forfeit for euery time so erecting setting vp taking or destroying of fish x. l. to the king I. And if any person shall fish with any drawnet or dagnet vnder three ynches meash viz. one ynch and a halfe from knot to knot except for the taking of Smoulds in Norfolke only or with any net with cannas Oppression by nets or other engine or deuice wherby the spawne fry or brood of sea fish may be destroied this is also an oppression to all those that liue by or vse fishing a hinderance to the commonwealth and therefore the offendor shall forf such net for euery time so doing x. sÌ„ whereof the one halfe to him that will sue and the other halfe to the poore of the city towne parish or liberty where the offence shal be committed 27 For that buying selling and regrating of wood by gréedy and couetous persons is a meane to make the same déerer and is a great oppression hurt to the commonwealth St. 7. E. 6. 7. therefore it is ordained by the stat of An. 7. Ed. 6. That if any person shall buy any fuell coales or wood but onely such as will burne or consume the same Oppression by buying selling of fuell or such persons as shall sell the same again by retaile to such as shall burne or consume the same for their owne occupying without fraud or couin or wharfingers or bargemen he shall forf to the K. I. the treble vâ—lue of the same wood coales or fuell as shal be otherwise bought for lucre gaine St. 15. H. 8. 2 28 If any person shall carrie and conuey Oppression by transporting of victuals or cause to bee carried and conueyed any victuals necessarie for mens sustenance to any parts beyond the Sea vnlesse it be by licence vnder the Kings great seale sauing for the victualling of Mariners and Marchants of Shippes passing the Sea and sauing barrelled butter and meale to be carried to the parts of Ireland as hath bin accustomed this is a meane to enhaunce the prices of victuals within this Realme an so an oppression to the inhabitants of the Realme And therefore by the Statute of Anno 25. H. 8. the partie offending shall forfeit the value of the thing carried to the K. and I. St. 37. H. 8. 9 St. 13. El. 8 St. 39. El. 18. 29 By the Statute of Anno 37. H. 8. Oppression by vsurie and confirmed and explaned by the Statute of Anno 13. El. it is ordained to be vnlawfull vsurie and an oppression if any man do sell any marchandises or wares to another and buy the same againe within thrée months for a lesse price knowing them to be the same that he sold And so it is if any person by any bargaine loane exchange or shift of any wares or other things shall take in gaines for the forbearing of his money or other thing one whole yeare aboue x. l. in the 100. l. And so it is if any person shall take aboue x. l. for the forbearing of 100. l. for a yeare vpon sale or morgage of lands of the profites of the same lands and in the cases aforesaid the offendor shall forfeit for euery such offence the treble value of the wares marchandizes and other things so bargained sold changed c. and the treble value of the issues and profits of the said lands so taken by bargaine sale or morgage to the K. and I. and shall suffer imprisonment make fine at the kings pleasure And all bands contracts and assurances collaterall made for payment of any principall or money to be lent or couenant to bée performed for any vsurie in lending or doing of any thing vpon or by which loane there shal be reserued or taken aboue the rate of x. l. for the 100. l. for one yeare shall be vtterly void and he that doth take or couenant or reserue to take x. l. for the forbearance of 100. l. for one yeare and so after that rate or any summe vnder x. l. shal forf only that x. l. or other lesse summe which he doth so take or couenant or reserue to take though it be but a penny or lesse then a penny to the K. and I. c. Fraudulent shadowing of vsurious bargaines If A. doe lend to B. 100. Co. li. 5. 70 l. and do bargaine agrée with him that if I. S. do liue one whole yéere next comming that then B. shal pay him xx l. for the loane of his 100. l. for a yéere and if I. S. doe die within the yéere that then B. shall pay him but his 100. l. again this is an oppression of B. and an vsurious bargaine and A. is to be punished according to the foresaid stat of 37. H. 8. For as he made reserued the interest of xx l. payable if I. S. should liue one yéere so he might as lawfully haue put in the liues of xx other persons and so deluded the true meaning of the makers of the said Statute And in like sort if A. do lend to B. 100. l. for a yéere do bargaine with B. that if I. S. shall liue vntill the end of that yéere then B. shal pay him xx l. for the interest or loane of his 100. l. for that yéere and if the same I. S. doe die within the said yéere that then B. shall repay to A. but lxxx l. of his principall money this is an vsurious contract and an oppression to be punished according to the said statute for in both the foresaid cases there was but a shaddow deuised by the lender to protect him from the penalty of that statute which at
the time of his loane he meant to offend And therefore the stat of 13. Eliz. 8. hath wel prouided that the same stat of 37. H. 8. shal be most largely strongly cōstrued for the repressing of vsurie and against all persons that shal offend against the true meaning of the said statute by any way or deuice directly or indirectly Oppression by cutting out the head or pipe of a conduit Oppression by burning a cart laden Oppression by cutting off eares Oppression by barking of trées 30 It is an oppression and manifest and palpable iniury if any person do wilfully maliciously and vnlawfully cut or cause to be cut out the head or pipe of any conduit of any other persons Or burne or cause to be burned any wain or cart laden with coales or any other goods or any heape of wood of any other persons prepared felled for making of coales billet or Tallwood Or to cut or cause to bee cut out the tongue of any tame beast being aliue of any other persons Or to cut or cause to be cut off the eare or eares of any of the kings subiects otherwise then by authoritie of Law chance-medley sudden affray or aduenture Or to barke any Appletrées Pearetrées or other fruit trées of any other persons in all which cases by force of the statute of Ann. 37. H. 8. the offendor shall forfeit to the party grieued treble dammages St. 37. H. 8. 6 to be recouered by action of Trespas at the common law and to the king 10. l. for a fine 31 It is an oppression and a resolued intent to do hurt wrong to others Oppression by hawking or hunting in corn growing if any person shall hawke or hunt with his spaniels in any ground except his owne where corne or graine shall then grow at such time as any eared or codded corne or graine shal be standing and growing vpon the same or before such time as such corne or graine shal be shocked cocked hiled or copped in which cases the stat made an 23. St. 23. El. 10. El. hath ordained That the offendor shall forf for euery time that he shall so hawke or hunt without consent of the owner of the corne to such person as shal be owner of the eared or codded corne xl s̄ 32 If any person shal by day or night vnlawfully without authority break Oppression by taking of fish cut downe cut out or destroy the head or dam of any pond poole moat stagn stewe or seuerall pit wherein fish shal be put or stored by the owner thereof Or shall wrongfully fish in any of the said seuerall ponds c. to the intent to destroy kill take or steale away any of the same fish against the will of the owner or possessor thereof not hauing lawfull authority so to do this is an oppression to the said owner or possessor St. 5. El. 21 and therefore by the stat of an 5. El. it is enacted That the offendor being lawfully conuict of any of the said offences at the suit of the K. or the party grieued shall pay to the party grieued his treble damages suffer imprisonment 3. moneths find sufficient surety for his good abearing for the space of 7. yéeres or els remain in prisō without baile or main-prise vntill he hath found such surety And it shal be lawfull for the party grieued to take his further remedy against the offēdor for his losse damages and vpon satisfaction or confession of the dammages to release the offendor of the suretiship and good abearing at any time within vij yeares 33 I will draw toward an end of this title of Oppression Oppression by decaying o◠townes houses of husbandry with one of the greatest and most durable of all oppressions viz. with oppression by pulling downe of Towns houses of Husbandry and decaying of Tillage When the realme ceased to be oppressed by the long tedious ciuile warres which before were many yéeres continued betwéene the ij houses of Yorke and Lancaster and that K. Edward the fourth had ouerthrowne Q. Margaret Prince Edward her sonne at Tewksbury field setled the title of the Crowne planted peace in the Realme then some men of stirring spirits diuerting their bloudy humors to couetous humors pulled downe townes laid wast houses of husbandry thrusting forth of dores men women children cōuerting the same to their owne priuat vses which offence then daily increasing though it were but in Cunabilis being about 120. yeres sithence was so bewailed exclaimed of cried out vpon in open parliament that the same may in a sort be resēbled to the pitifull lamentation which the prophet Ieremy sitting downe wéeping made Threnae Ierem. after the temple of God the city of Hierusalē were destroyed the priests Leuits Elders slaine by Nabuchadnezzar K. of Babilon Or the same may be cōpared to those wofull miseries calamities which the prophet Esay foretold should after fall vpō the said great city of Babilon Esay 13. for as it appeareth by the stat of an 4. St. 4. H. 7. 12 St. 7. H. 8. 1. H. 7. 12. 19. 7. H. 8. 1. it was then holden That by the desolation pulling downe of houses and townes and laying to pasture land which customably hath beene manured occupied with tillage idlenesse the ground and beginning of all mischiefes doth increase men women and children that were dayly occupied and liued by the sowing of Corne and bréeding of Cattell and other increase were diminished husbandry the greatest commodity of this Realme for sustenance was decaied Churches were destroyed the seruice of God was withdrawne Christian people there buried are not praied for the Patrons and Curats were wronged Cities and market towns were brought to great ruine and decay necessaries for mans sustenance were made scarce and deare the people of the realme were sore minished the power defence therof was féebled decayed to the high displeasure of God against his lawes and to the subuersion of the Commonwealth desolation of the same Which grieuous dolefull mone made and enormities so displaied the grand counsell of this realme hauing commiseration vpon did indeuor to reforme at seuerall parliaments as appeareth by the stat of An. 4. H. 7. 12. 19. Ann. 7. H. 8. 1. An. 27. H. 8. 22. An. 5. E. 6. 6. An. 2. 3. P. M. 8. An. 5. El. 2. which said stat were all after repealed by a stat made an 39. St. 39. El. 1 El. And then by the same stat it was enacted That euery house that now hath viz. 24. die Octob. an 39 Reg. El. An. Do. 1597. Which is an house of husbandry or heretofore had 20. acres of arable land meddow and pasture or more therunto belonging and so occupied or letten to farme by the space of 3. yéeres together at any time sithence the beginning of the Qu.
An. 38. H. 8. Bro. Treason 2. for ioyning the Armes of England before the Conquest and the Armes since to his owne Armes for some other offences Quaere within which words of the first rehearsed Statute of 25. E. 3. or of any other Statute at the time of his arraignment in force that offence was comprised and made Treason S. Triall by Peeres 2. ⧠Homicide HOmicide is a word compound and is deriued of these two words Bâ—acton de corona viz. hominis cedium and the most apt and proper definition thereof is when one man or moe men doe kill another man for if a man be killed by a dogge a beast or other thing it is not properly termed homicide The said homicide may be committed by seuerall meanes viz. by iustice Homicide by iustice as when a Iudge doth command or pronounce his sentence that a man attainted by course of law shal be put to death By necessitie Homicide by necessitie as when one man killeth an other with griefe and sorrowe of minde thereby to deliuer himselfe or that which is his or some other persons or things which he is bound to defend from further perill which he or they cannot otherwise escape By mischance By mischance as when a man casteth a stone at a bird or a beast or is in lopping or felling of a trée and another man passing by is slaine therewith without the foreknowledge and against the will of him who did the déede By will By will as when one man hath a will to fight with another and then doth kill him or some other that is in his company and doth take his part in that combate But of this Homicide by will there bée two sortes whereof the one is called Murder and that is By murder when one man vpon malice prepenced and forethought doth feloniously kill an other And the other is called Manslaughter or Chance medley and that is By manslaughter when two men fight together vpon a suddaine heat of blood without any malice precedent and one of them doth kill the other 2 If a man be adiudged by the court to be hanged Homicide by iustice and the Sherife is commanded by the Iudge to doe execution in that manner and he doth it accordingly this is Homicide by iustice But if the Sherife do behead him or cause him to be beheaded or by any other meanes to be put to death than according to the Iudgement M. 35. H. 6. 58. this is no Homicide by iustice but felonie in the Sherife The order of law not obserued in execution of Iustice for that he hath not obserued the order of the Law viz. the iudgement in putting the offendor to death And the same law is if one which is not Sherife or other officer thereunto lawfully deputed will put to death an offendor that is condemned to die vpon his owne authoritie for that is no Homicide by iustice but felonie in him who beeing not the Kings officer thereunto assigned hath killed one of the Kings Subiects without warrant of his law And therefore if the Iudge himselfe who gaue iudgement of death against an offendor shall after put the same offendor to death it is not iustifiable but beeing indited and arraigned thereof he must plead not guiltie And in this case the wife may haue an Appell of the death of her husband so put to death against the said Sherife or other person though the heire cannot haue an Appell of the death of his father so executed because his blood is corrupted by the Attainder 35. H. 6. 57. No man may kill him that is outlawed of felony or attainted in a Praemunire 3 If a man be attainted of felonie by Outlawrie it is Homicide by iustice for the Iudge before whom he is brought to command him to be put to death and for the sherife to sée executioÌ„ done of him according to the iudgement 2. Ass p. 3. 27. Ass p. 4. 35. H. 6. 58. viz. to hang him But it is felonie and not Homicide by iustice for any other man of his owne authoritie to kill him And for as much as it was doubtfull whether by the lawes of this realme there was any punishment for such as kill or slea any person or persons attainted in or vpon any Praemunire Therefore by a Statute made anÌ„ 5. El. 1. it was enacted St. 5. El. 1. That it shall not be lawfull to any person or persons to slea or kil any person or persons in any manner attainted or hereafter to be attainted of in or vpon any Praemunire by pretence reason or authoritie or force of any word or words thing or things contained or specified in any Statute or Law of Prouision and Praemunire or in any of them Any Law Statute Opinion or Exposition to the contrarie notwithstanding So that to kill any person attainted vpon a Praemunire is felonie and not Homicide by iustice Killing a felon that will not be arrested 4 A shirife a bayly 22. Ass p. 45 Fi. Cor. 261 or any other which hath warrant to arrest a man indicted of Felony may well iustifie the killing of him if he wil not suffer himselfe to be arrested but that he doth stand at his defence in such manner that the officer and his assistants cannot arrest him without killing of him And in this case the officer shal be discharged without the kings pardon for this is homicide by iustice done vpon him who refuseth to yéeld vnto and submit himselfe to the iustice of the Law And euery person as well he that hath no warrant as he that hath may apprehend a Felon and if he wil not yeeld to be arrested but stand to his defence or flie the pursuer may kill him without blame the arrest being for Felony and therein he shall commit homicide by iustice And by the statute of Anno 1. Killing of such as be vnlawfully assembled M. it is established That if any persons St. 1. M. 12. aboue the number of two shall vnlawfully assemble together to the intent with force armes to doe practise or put in vre any of the things in the said statute mentioned then it shall be lawfull to euery Iustice of peace and to euery Shirife Mayor Bailife and other head officer of any Citie or Towne corporat or to any other hauing the Kings commission or letters to raise assemble the Kings subiects in maner of warre to be arraied in such great number as he or they shall thinke méet or able to the intent by violence of strength to suppresse and take the said persons so vnlawfully assembled And if the said persons so vnlawfully assembled or any of theÌ„ shall fortune to be slaine maihemed or hurt in or about the repressing or taking of them then euery such Iustice mayor sherife c. and euery other person hauing authoritie as is aforesaid and euery person and
Sorcery whereby any person shall be killed destroyed wasted consumed pyned or lamed in his or her body Lex Athelstani 6. or any part thereof then euery such offendor or offendors their aydors abbettors and counsellors being of any the said offences duely and lawfully conuicted and attainted shall suffer paines of death as a felon or felons and shall loose the priuiledge and benefite of Clergie and Sanctuarie If any person or persons shall take vpon him or them by witchcraft Finding of treasure inchantment charme or sorcerie to tell or declare in what place any treasure of gold or siluer should or might be found or had in the earth or other secret places Or where goods or things lost or stollen should be found or become Declaring where goods lost should be found Prouoking to loue Destroying of any person or cattell Or to the intent to prouoke any person to vnlawfull loue Or whereby any cattell or goods of any person shal be destroyed wasted or impaired or to hurt or destroy any person in his or her bodie although the same be not effected and done Then all and euery such person and persons so offending and beeing thereof lawfully conuicted shall for the said offence suffer imprisonment by the space of one whole yeare without baile or mainprise and once in euery quarter of the said yeare shall in some market towne vpon the market day or at such time as any Faire shal be kept there stand openly vpon the Pillorie by the space of sixe houres and there shall openly confesse his or her error or offence If any person or persons being once conuicted of the same offences as is aforesaid doe eftsoones perpetrate and commit the like offence then euery such offendor being of any the said offences the second time lawfully and duly conuicted and attainted as is aforesaid shall suffer paines of death as a felon or felons and shall loose the benefite and priuiledge of Clergie and Sanctuarie sauing to the wife of such person as shall offend in any thing contrarie to this Act her title of Dower and also to the heire and successor of euery such person his and their title of inheritance succession and other rights as though no such attainder of the auncestor or predecessor had béene made Prouided alwayes That if the offendor in any the cases aforesaid shall happen to bee a Péere of the Realme then his triall therein to bee had by his Péeres as it is vsed in cases of Felony or Treason and not otherwise Hunting with Visors 30 By a Statute made Anno 1. H. 7. St. 1. H. 7. 7 it was ordained That at euery such time as any information shall be made of any vnlawfull hunting by night or with painted faces in Forrest Parke or Warren to any of the Kings Councell or to any Iustice of Peace of the Countie where such hunting shall be of any person suspected thereof It shall bee lawfull to any of the same Councell or Iustice of Peace to whom such information shall bee made to make a Warrant to the Shirife or to any Constable Baylife or other Officer of the same County to arrest and take the same person to haue him before the maker of the same Warrant or any other of the Kings councell or Iustice of Peace of the same Countie And the Counsellor or Iustice before whom such person shall bee brought shall haue power to examine him of the said hunting and of the doers thereof and if he conceale the offence or any offendor it is felony and if he confesse the truth and all that he shall be examined of and knoweth in that behalfe then the offence of hunting by him done shall be against the King but trespas fineable to be assessed at the next generall Sessions by the Iustices there And if any Rescous Rescous or disobedience be made to any person hauing authority to doe execution or iustice by any such warrant by any person which should be arrested so that execution of the same warrant be not had then the same rescous and disobedience shal be felony and the same felony shall be enquired of and determined as other felonies béene Twelue or aboue assembled together to change any law 31 By a Statute made Anno 1. Ma. 1. Eliz. it was ordained St. 1. M. 12 St. 1. El. 16 That if any persons to the number of twelue or aboue being assembled together shall intend goe about practise or put in vre with force of armes vnlawfully and of their owne authority to alter or change any lawes made or established for Religion by authoritie of Parliament which stand in force or any other Lawes or Statutes of this Realme or any of them the same number being commaunded or required by the Shirife of the Shire or by any Iustice of Peace of the same Shire or by the Mayor Shirife Iustices of Peace or Baylifes of any Citie Borough or Towne Corporate where any such assemblies shall be vnlawfully had or made by proclamation in the Quéenes name to retire and repaire to their owne houses and habitations or places from whence they came And they or any of them notwithstanding such proclamation shall remaine and make their abode or continue together by the space of one whole houre after such commaundement or request made by proclamation or after that shall willingly in forcible and riotous manner attempt to doe or put in vre any things aboue specified then as well euery such abode or continuing together as euerie such act or offence that after such commaundement or request by proclamation had or made shall bée attempted to bée done practised or put in vre by any persons being of the number aforesaid shall be adiudged Felonie in all and singular those persons that so shall make their abode and continue together or shall attempt or commit any such act And the offendors therein shall be adiudged Felons and shall suffer onely execution of death as in case of Felony If any persons to the sayd number of twelue or aboue shall intend Practising to destroy parks ponds conduits goe about practise or put in vre in manner and forme aforesayd to ouerthrow cut breake cast downe or digge vp the pales hedges ditches or other inclosure of any Parkes or Parke or other ground inclosed or the bankes of any Fish Pond or Poole or any Conduits for water Conduit heads or Conduit pipes hauing course for water to the intent that the same or any of them from henceforth should remaine open not inclosed or voyd Or vnlawfully to haue common or way in the sayd Parkes or Parke or other grounds or ground inclosed or in any of them or to destroy in manner and forme aforesayd the Déere in any Parkes or Parke or any Warreins or Warrein of Conies or any Doue-houses or any Fish in any Fish ponds or Poole or to pull or cut downe any Houses Barnes Mills or Bayes or to burne any stackes of corne or
graine or to abate or diminish the Rents or yearely value of any Mannors Lands or Tenements or the price of any victuals corne or graine or any other thing vsuall for the sustenance of men and béeing required and commaunded by any Iustice of Peace or by the Sherife of the Countie or by the Maior Bailife or Bailifs or other head Officers of any Citie or Towne Corporat where such assembly shall bee had by Proclamation to bée made in the Quéenes name to retire or returne in peaceable manner to their places and houses from whence they came and they or any of them notwithstanding such Proclamation shall remaine or make their abode or continue together by the space of one whole houre after such commaundement or request made by Proclamation or after shall in that forcible manner doe or put in vre any of these things last before mentioned then as well euerie such abode or continuing together as euerie such act that after such commaundement or request by Proclamation had or made shall bée done practised or put in vre by any persons béeing aboue the number of twelue shall bee adiudged Felonie and the offendors therein shall be adiudged Felons and shall suffer onely execution of death as in case of Felonie If any person or persons vnlawfully and without authoritie Raising of vnlawful assemblies by some act or words by ringing of any Bell or Bells sounding of any Trumpet Drumme Horne or other instrument whatsoeuer or by firing of any Beacon or by malitious speaking or vttering of any words or making of any outcrye or by setting vp or casting of any bills or bill or writing whatsoeuer or by any other déed or act shall raise or cause to bée raysed or assembled any persons to the number of twelue or aboue to the intent that the same persons should doe or put in vre any of the acts or things abouesaid and that the persons to the number of twelue or aboue so raysed and assembled after request or commaundement had or giuen in forme aforesayd shall make their abode or continue together as is aforesayd or vnlawfully and in forcible manner perpetrate doe commit or put in vre any of the acts or things abouesayd then all and singular persons by whose speaking déed act or any other the meanes aboue specified any persons to the number of twelue shall bée raysed or assembled for the doing committing or putting in vre any of the acts or things aboue mentioned shall bée adiudged for his so speaking or doing a Felon and shall suffer execution of death as in case of Felonie Reléeuing them which be assembled If any wife or seruant of any of the same persons or any other person whatsoeuer shall willingly and without compulsion bring send deliuer or conuey any Money Harneyes Artillerie Weapons Meat Bread Drinke or other Victuall to any person or persons so being assembled as is aforesayd during such time as hée or they shall bee so assembled together in forcible manner as is aforesaid then euerie wise seruant or other person so bringing or conueying c. any of the foresayd things to the same persons so béeing assembled together in forcible manner or to any of them and not departing to their houses or dwelling places vpon request or commaundement made vnto them as is aforesaid shal be adiudged a felon and shall suffer execution of death as in case of felonie Vnlawful assembly by xl and more If any persons to the number of fortie or more shall assemble together in forcible manner vnlawfully and of their owne authoritie to the intent to execute doe or put in vre any of the things aboue specified or to do other felonious or rebellious act or acts and so shall continue together by the space of thrée houres after Proclamation shall bée made at or nigh the place where they shall bée so assembled or in some Market Towne thereunto next adioyning and after notice thereof to them giuen then euerie person so willingly assembled in forcible maner and so continuing together by the space of thrée houres after such Proclamation made and notice thereof giuen shal be adiudged a felon S. Riots c. 32. c. 32 By the Statute made Anno 39. Eliz. it was enacted St. 39. El. 17 That all idle and wandring Souldiers or Mariners Wandring souldiers and mariners or idle persons which now are or hereafter shall bée wandring as Souldiers or Mariners shall settle themselues in some seruice labour or other lawfull course of life without wandring or otherwise repaire to the places where they were borne or to their dwelling places if they haue any and there remaine betaking themselues to some lawfull trade or course of life vpon payne that all persons offending contrarie to this Act to bée reputed as Felons and to suffer as in case of Felonie without any benefit of Cleargie to bee allowed And euerie idle and wandring Souldier or Mariner which comming from his Captaine from the Seas or from beyond the Seas shall not haue a Testimoniall vnder the hand of some one Iustice of Peace of or néere the place where hee landed setting downe therein the place and time where and when hée landed and the place of his dwelling or birth vnto which he is to passe as aforesaid and a conuenient time therein limited for his passage or hauing such testimoniall shall wilfully excéed the time therein limited aboue fouretéene dayes And also as well euerie such idle and wandring Souldier or Mariner as euerie other idle person wandring as a Souldier or Mariner which shall at any time hereafter forge or counterfeit any such Testimoniall Forging a Testimoniall or haue with him or them any such Testimoniall forged or counterfeited as aforesayd knowing the same to bée counterfeited or forged in all these cases euerie such act or acts to bée Felonie and the offendors to suffer as aforesayd without any benefit of Clergie It shall and may bée lawfull for the Iustices of Assises Iustices of Gaole deliuerie and Iustices of Peace of euerie Countie and for all Iustices of Peace in Townes Corporat hauing authoritie to heare and determine Felonies to heare and determine all such offences in their generall Sessions and to execute the offendors which shall bée conuicted before them as in cases of Felonie is accustomed Except some honest person Retaining an offendor into seruice valued at the last Subsidie next before that time to tenne pounds in goods or fortie shillings in lands or else some honest Freeholder as by the sayd Iustices shall bee allowed will bee contented before such Iustices as such person shall bee arraigned of Felonie to take him or them into his seruice for one whole yeare then next following and before the sayd Iustices will bee bound in Recognisaunce of tenne pounds to bee leuied of his lands goods tenements and cattels to the vse of the King if hée kéepe not the sayd person or persons for one whole yeare and bring him
trespasse Escape by returne of Cepi Corpus 11 A Capias was awarded to the Sherife to arrest one of felonie 40. As p. 42 and hee thereupon did returne Cepi Corpus and at the day had not the bodie vpon this matter of Record it was adiudged an escape in the Sherife and he was amerced a hundred shillings 12 If an offendor be in prison at the suit of one man and then at anothers 26. Ass p. 52 or of diuers men and he doth escape this shal be adiudged but one escape and the Gaoler shal be charged but with one escape But if one that is arrested for felonie doe escape Fi. Cor. 422 and flie to the Church and after escapeth out of the Church Double escape these shal be adiudged two escapes viz. one from the prison and another from the Church And the Gaoler or other who suffereth him to escape shal be charged with the first of those Escapes and the towne wherein the Church is with the last of them St. 3. H. 7. 1. 4. El. Dyer 110. Fitz. Cor. 238. 293. 13 There be certaine cases wherein an escape shall be adiudged Escape without arrest though there was no arrest before as if one be murdred or slaine in a towne in the day time and the murderer doe escape without béeing taken or arrested by those of the towne in this case those of the towne shal be charged with this escape that is to say they shal be amerced for it and though the escape be at the euening And by the Statute of Winchester viz. of 13. Ed. 1. St. 13. Ed. 1. 1. 2. If a man be robbed and the felon doth escape and be not taken within sixe moneth the towne or hundred shall answer the partie robbed that made huy and crie for the robberie and the dammages Fi. Cor. 302 14 If one doe kill another by misaduenture or in his own defence Who shal be charged with an escape and doe escape the towne where he was slaine shal be amerced for it though the offendor was not arrested for the people of the town doe see a man slaine but they are not to iudge whether it be felonie or not and therefore they ought to haue apprehended the manqueller 15 As the law is of a towne not walled in or inclosed Escape in a towne walled touching a murder committed in the day so is it of a citie or towne inclosed of a murder committed in the night for if in a towne inclosed one be murdered be it done by day or night Fi. Cor. 299. if in that case the murderer doe escape the towne or citie inclosed shal be amerced because the citie or towne inclosed ought by the Statute of Winchester to be kept fast locked from the Sunne setting to the Sunne rising Fi. Cor. 352. 425. 16 If a felon doe flie to a Church and before abiuration he doth escape Flying to a Church and escaping in this case the towne where the Church is shal be charged with this escape viz. they shal be amerced for it But this must be before abiuration for if hee doe escape after abiuration the towne shall not be charged therewith for that by the abiuration he is in law attained 17 And so it is if a felon take a Church which by the law cannot make abiuration Escaping by making abiuration in this case if he flie from thence the towne shall not be charged with an escape As if a man that is adiudged to be hanged doth escape from the sherife 27. Ass p. 54 Fi. Cor. 313 335 9. E. 4. 28. when he is in carrying him to the gallowes and doth take a Church and then escape the towne where the Church is shall not be amerced for this escape for that in this case he cannot make an abiuration which is an attainder in it selfe beeing attainted before 18 And so it is to be noted that a city borough Escape before or after arrest or town may be charged which the escape of an offendor which hath committed murder or homicide thogh he were not arrested But one two or more priuat persons cannot be charged with the escape of an offendor vntill he be arrested Where the Sherife and where the towne charged 19 If the Sherifes bailife doe arrest one for felonie in a town and do carry him towards the prison and certaine persons of the towne doe go with the bailife to assist him the felon escapeth by the way Fi. Cor. 328. 337. the sherife shal be charged with the escape but it shal be otherwise if the felon be committed to the people of the towne to carrie to prison for in that case if the prisoner doe escape the towne shal be charged therewith The hundred charged with escape 20 One was arrested for felonie and led to the hundred court Fi. Cor. 316 and then he was persuaded to goe abroad and séeke his warrant viz. one that should warrant him those goods which he was charged to steale and he went and fled to the Church and abiured In this case the whole hundred was charged with the escape and the partie who gaue him the counsell and leaue paid a great ransome to the king and the felons goods were forfeited to the King Escape of one imprisoned for a time 21 One that hath committed petit larcenie is adiudged to be imprisoned by the space of a moneth for his punishment 27 As p. 27 Fi. Cor. 430 and then béeing kept in prison after the moneth he breaketh prison and escapeth the kéeper of the prison shal be charged with this escape But if one that is arraigned of felonie 21. H. 7. 17 bee adiudged to be acquit viz. that he shal be discharged paying his fées By this hee shal be out of prison touching the felonie and the Gaoler shall not be charged if hée doe escape for the prisoner in the first case was by iudgement committed to prison and in the last adiudged to be acquit of imprisonment paying c. Where the towne hundred or countie shal be charged with escape 22 If one be slaine in the day time in a towne Fitz. Cor. 238. 293. and the murderer escape without béeing taken the towne shal be charged with the escape And if the partie be killed out of any towne then the Hundred shal be charged therwith Or if the towne be not sufficient to answer the amerciament for the escape Fi. Cor. 425 316. then the Hundred shal be charged therewith And for the disabilitie of the hundred the whole countie shal be charged with the escape And the same law is of Abiuration where the Church is in a field out of any towne The Gaoler will not receiue a prisoner 23 If the Constable doe arrest a felon and carrie him to the Gaole of the same countie and the Gaoler will not receiue him 10. H. 4. 7. the Constable
but if it be during the day light though the sunne be set the countrie shal be charged therewith for whosoeuer doth trauel during the day light is in the guard and protection of the lawe and if any doe iourney by night he doth it at his owne perill St. 13. E. 1. 4 3 For the more suretie of the countrie and spéedier defecting of offendors warding of walled towns by the said Statute of Winchester it was enacted That in great townes beeing walled the gates shal be shut from the sunne setting vntill the sunne rising and no man shall lodge in the Suburbs or any place out of the town froÌ„ nine of the clocke vntil day vnlesse his Host will answer for him And the bailifs of townes euery weeke or at the least euery fifteenth day shall mak enquirie of all persons beeing lodged in the Suburbes or in forraine places of the townes and if they find any that hath receiued any suspitious persons not kéeping the Kings peace the baylifs shall execute right and iustice therein St. 13. E. 1â—4 4 And by the said statute of Winchester it was moreouer ordained That in all townes watch shall be kept as in times past it hath beene vsed That is to say When the night watch shall begin and end from the feast of the Ascension vntill Michaelmas in euery citie sixe men shall watch at euery gate in euery Borough twelue men in euery town sixe or foure according to the number of the inhabitants of the towne and they shall watch the towne at night from the sunne setting to the sunne rising And if any stranger doe passe by them he shall be arrested vntill the morning and if no suspition be found he shall goe quit and if they find cause of suspition they shall forthwith deliuer him to the Shirife and the Shirife shall receiue him without hurt vntill he be acquited in due manner And if he will not obey the arrest Resisting of arrest they shall leuie Huy and Cry vpon him and such as kéepe the Towne shall follow with Huy and Cry with all the Towne and Townes néere and from Towne to Towne vntill he be taken and deliuered to the Shirife as is beforesaid and for the arrestments of such strangers none shall be punished And by the Statute of Anno 5. H. 4. St. 5. H. 4. 3 Iustices of Peace haue power to make inquisition in their Sessions from time to time and to punish them which be found in default after the tenour of the foresaid statute of Winchester Enlarging of high waies 5 And for the more spéedie apprehension of felons and that they may haue the lesse meanes to escape when they haue robbed or otherwise offended St. 13. E. 1. 5. by the said statute of Winchester it is further established That the highwaies leading from one Market towne to another shal be enlarged there where any wood hedges or ditches be so that there shal be no ditch wood or bush where he that doth lewdly may escape within two hundred foot of the high way on the one side and two hundred foot on the other but this Statute extendeth not to Ashes or great Trees And if any robberies be done by default of breaking downe ditches vnderwood and bushes the Lord shall answer therefore and if it be a murder the Lord shal be punished at the Kings pleasure And if the Lord be not able to cut downe the vnderwood the Countrie shall helpe him And within the kings demesne woods in forrests and without the waies shal be enlarged as before is said And if any Parke be neere vnto the high way the Lord thereof shall diminish it by the space of two hundred foot from the high way or els make such a wall ditch or hedge that offendors cannot goe forward or backeward to any hurt 6 Because it is very hard and extreame to many persons for that by the foresaid Statutes of 13. Ed. 1. 28. E. 3. 11. they do remaine charged with the penalties therein contained notwithstanding their vnabilitie to satisfie the same and though they do as much as in reason might be required in pursuing such malefactors offendors whereby both large scope of negligence is giuen to the inhabitants resiants in other hundreds counties not to prosecute the huy crie made followed brought vnto them by reason they are not chargeable for any portion of the goods robbed nor with any dammages in that behalfe giuen also great incouragement imboldening is likewise giuen to the offendors to commit daily more felonies and robberies seeing it is in a maner impossible for the inhabitants and resiants of the said hundred and franchise wherein the robberie is committed to apprehend them without the ayde of other hundreds and counties adioyning And for that also the partie robbed hauing remedie by the foresaid statutes for the recouering of his goods robbed and dammages against the Hundred wherein the robberie was committed is many times negligent and carelesse in prosecuting and pursuing the saide malefactors and offendors The Hundred charged wher fresh sute shall cease For the qualifying of all which extreamities by a statute made Anno 27. Eliz. St. 27. El. 13 it was ordained That the inhabitants and resiants of euery or any such Hundred with the franchises within the precinct thereof wherein negligence fault or defect of pursute and fresh sute after huy and crie made shall happen to be shall answer and satisfie the one moitie or halfe of all and euery summe and summes of money and dammages as shall by force and vertue of the saide Statutes viz. of 13. Ed. 1. and 28. Ed. 3. or either of them be recouered or had against or of the same Hundred with the franchises therein in which any robberie or felonie shall at any time heereafter be committed or done And the same moitie shall and may at any time héereafter be recouered by action of debt bill plaint or information in any of the Quéenes Courts of Record at Westminster by and in the name of the Clerke of the Peace for the time being of The Clerke of the Peace shall prosecute the sute or in euery such Countie within this Realme where any such robberie and recouerie by the party or parties robbed shal be without naming the Christian name or the surname of the saide Clerke of the Peace Which moitie so recouered shall be to the only vse and behoofe of the inhabitants of the said Hundred where any such robberie or felonie shall be committed or done St. 27. El. 13 7 If any Clerke of the Peace of or in any Countie within this Realme shall at any time héereafter commence or preferre any such sute action or information and shall after the same so sued commenced or preferred The Clerke of the Peace doth die or is remooued happen to die or to be remooued out of his office before recouerie and execution had yet no such
1. H. 5. 10 Fit Chall ' 105. 38. Ass p. 22 doe challenge any of the Polles hee must shewe the cause vpon his Challenge which must be presently tried for that it is in a plea of the crowne wherein the king is a party 6 A man outlawed of Felonie An Outlaw of Felony shall haue his challenges vpon an Issue taken for the auoidance of the Felony Fi. Chall ' 153. 165. For though hée cannot challenge a worse man then himselfe béeing outlawed for Felony yet séeing it is in Issue to trie whether hee bee an Outlaw or not and by this tryall if it bée found for him to defeat the same Outlawry that opinion of him ought to bee holden in suspence vntill the said issue shall be tried against him 21. H. 6. 30. 14. H. 4. 19. 7 It is a good Challenge vpon cause to say that one of the Iurors is an Alien or a Villaine or an Outlaw A Iuror an alien villaine or outlaw for then hée is not Liber legalis homo For though an Alien borne hath dwelt in this Realme from his childhood and be sworne in a Léet or other Court to the Kings obedience yet he is not the Kings liege man for the Steward of a Léet nor any other can make an Alien Legalis homo but onely the King ⧠Euidence 1 WHen a prisoner is indicted of Treason or Felony hath pleaded not guilty is therupon arraigned and finished his challenges then euidence is to be giuen against him to proue him guilty which euery person shall bée admitted to doe for the king And because the euidence of those that tooke the said offendor with the manner did first accuse him or brought him before the Iustices of Peace to be examined of the supposed offence hath béene alwaies adiudged most pregnant and effectuall Therefore by a statute made Anno 1. 2. Ph. Ma. St. 1. 2. P. M. 13. it was ordayned That two Iustices of Peace at the least Euidence against an offeÌ„dor let to batle wherof one of them to be of the Quorum when any prisoner is brought before them for any manslaughter or felony before any bailement or mainprise shall take the examination of the said prisoner and information of them that bring him of the fact and circumstances thereof and the same or as much thereof as shal be materiall to proue the felony shall put in writing before they make the same bailement which said examination together with the said bailement the said Iustices shall certifie at the next generall Gaole deliuerie to bée holden within their Commission and that euery Coroner vpon any inquisition before him found whereby any person or persons shall bée indicted for murther or manslaughter or as accessorie or accessories to the same before the murther or manslaughter committed shall put in writing the effect of the euidence giuen to the Iury before him béeing materiall And as well the said Iustices as the said Coroner shall haue authority by this act to bind all such by Recognisance or Obligation as doe declare any thing materiall to proue the said murther or manslaughter offences or felonies or to bée accessories or accessories to the same as is aforesaid to appeare at the next generall Gaole deliuerie to bée holden within the County City or Towne corporat where the tryall thereof shall bée then and there to giue euidence against the party so indicted at the time of his triall and shall certifie as well the same euidence as such bond and bonds in writing as hée shall take together with the Inquisition or Indictment before him taken and found or before the time of his sayd tryall thereof to bée had or made And likewise the said Iustices shall certifie all and euery such bond taken before them in like manner as is before said of baylements and examination And in case any Iustice of peace or Quorum or Coroner shall offend in any thing contrary to the true intent and meaning of this act then the Iustices of Gaole deliuery of the Shire City Towne or Place where such offences shal happen to be committed vpon due proofe thereof by examination before them shall for euery such offence set such fine on euery such Iustice of Peace and Coroner as the same Iustices of Gaole deliuery shall thinke méet and shall estreat the same as other Fines and Amerciaments assessed before Iustices of Gaole deliuery ought to bee S. Mainprise 13. 2 Because the foresaid statute of 1. 2. Ph. Ma. 13. doth not extend to any such prisoners as shall be brought before any Iustice of Peace for Manslaughter or Felony and by such Iustice shall be committed to ward for the suspition of such Manslaughter or Felony and not bayled in which case the examination of such prisoner and of such as shall bring him is as necessary or rather more then where such prisoner shall be let to bayle For the reformation whereof St. 1. 2. P. M. 10. by a statute made Anno 2. 3. Ph. Ma. it was enacted That such Iusticâ—s or Iustice before whom any person shall bée brought Euidence against an offendor coÌ„mitted to prison for Manslaughter or Felony or for suspition thereof before he or they shall commit or send such prisoner to ward shall take the examination of such prisoner and information of those that bring him of the fact and circumstances thereof and the same or as much thereof as shall be materiall to prooue the Felony shall put in writing within two dayes after the said examination and the same shall certifie in such manner and forme and at such time as they should and ought to doe if such prisoner so committed or sent to ward had béene bayled or let to mainprise vpon such paine as in the said former act is limitted and appointed for not taking or not certifying such examinations as in the said former act is expressed And the said Iustices shall haue authority by this act to bind all such by Recognisance or Obligation as doe declare any thing materiall to proue the said Manslaughter or Felony against such prisoner as shall bee so committed to ward to appeare at the next generall Gaole deliuery to be holden within the County City or Towne corporat where the triall of the said Manslaughter or Felony shall be then and there to giue Euidence against the party And the said Iustices shall certifie the sayd bands taken before them in like manner as they should and ought to certifie the bands mentioned in the said former act vpon the paine as in the said former act is mentioned for not certifying such bands as by the said former act is limitted and appointed to be certified 3 And for that men should be the readier and more willing to giue Euidence against Robbers and other Felons Restitution vpon attainder by euideÌ„ce by a statute made Anno 21. H. 8. St. 21. H. 8. 11 it
and then be cut downe aliue and his intrals and priuie members be cut from his bodie and be burned in his sight and his head to be cut off and his body to bée diuided into foure parts 6. El. Dyer 230. and then to be disposed at the Kings pleasure Sauing that the iudgement of a man which is attainted for clipping the Kings money contrarie to the Statute of an̄ 25. Ed. 3. 2. shal be onely that he shalbée drawne and hanged though it was high treason by the common law so is expounded confirmed by that Statute But if any man shal be attainted of treson for cōmitting any of the offences made high treason by either of the Stat. of an̄ 1. M. 6. 1. 2. P. M. 11. 5. El. 11. 18. El. 1. 5. El. 1. 13. El. 2. 23 El. 1. 27. El. 2. 3. Iac. 4. he shal be adiudged a traitour S. Treasons and shall haue iudgement and suffer as in cases of high treason viz. he shal be drawne hanged and quartered as is before mentioned And though there be no mention made thereof in the iudgement yet he that is attainted of treason or felonie by verdict confession outlawrie or abiuration shall also forfeit his lands and goods his wife shall loose her dower and his blood shal be corrupted sauing in certaine cases 3 The iudgement of a woman which shal be attainred of high Treason or petite treason The iudgement of a woman traitour is 1. R. 3. 4 That she shall be ledde backe againe to the place from whence shée came and from thence be drawne vpon a hurdle to the place of execution and there be burned to death 8. El. Dy. 254. But if one man doe murder an other and the wife of him that was murdered be accessorie to her husbandes death the murderer and the wife both shall be hanged and she shall not be burned because she was but accessory 4 The iudgement of a man attainted of petit treason Iudgement of a man in petit treason is That hée shall be ledde backe againe to the place from whence hee came and from thence drawne vpon an hurdle to the place of execution and there to be hanged by the necke vntill he be dead Iudgement in felonie 5 The iudgement of a man attainted of murder burglarie robberie or other felonie is That he shall be ledde backe againe to the place from whence he came and from thence carried to the place of execution and there be hanged by the necke vntill he be dead And the like iudgement is giuen against a woman being attainted of anie of the same offences 6 The iudgement in misprision Misprision of treason is That the offendor shall forfeit to the King his goodes and his lands during his life and shall be perpetually imprisoned during his life Attainder of treason by the common lawe 7 In the foresaide iudgement giuen in high treason by the order of the common Lawe there can be no errour assigned St. 33. H. 8. 20. but it is as strong as if it had béene doone by Act of Parliament For the Statute made Anno 33. H. 8. hath ordained That if any person or persons shall be attainted of high treason by the course of the common Lawes or Statutes of this Realme that in euery such case such attainder by the common Lawe shall be of as good strength value force and effect as if it had beene done by authoritie of Parliament Iudgement of pennance 8 The iudgement of him who being indited of felonie will stand mute of malice or not answer directly or will refuse lawfull triall P. 4. E. 4. 11. being called Pennaunce or paine for t dure is That the prisoner shall be sent to the place from whence he came c. S. Standing mute c. 9. Iudgements in felony by Iustices of Nisi prius 9 As touching those who shall giue iudgement against the offendors aforesaide it is ordained by the Statute of Anno 14. H. 6. St. 14. H. 6. 1 That the Iustices before whome Inquisitions Enquests and Iuries shall be taken by the Kings Writte called Nisi prius according to the forme of the Statute thereof made haue power of all the cases of felonie and of treason to giue their iudgements as well where a man is acquitte of felonie or of treason as where he is thereof attainted at the day and place where the saide Inquisitions Enquests and Iuries shall be taken and then from thenceforth to awarde Execution to be made by force of the saide Iudgements 10 Because it oft times falleth out that an offendor is found guiltie of treason or felonie before some Iustices of Gaole Deliuerie for the which Iudgement of death should or might ensue and yet that person is reposed to prison without iudgement at that time giuen against him and then before the next Gaole deliuerie the same Iustices of Gaole deliuerie doe die or be remooued and others be assigned Iustices of Gaole deliuerie in their places by the Kings Commission which as many did conceiue it could not giue iudgement of that prisoner so repried by the former Iustices by warrant of the foresaide Statute of 14. H. 6. 1. or for some other cause For the remedy whereof by a Statute made Anno 1. Edw. 6. St. 1. E. 6. 7. it is enacted Iudgement by new Iustices That in all Cases where any person shall be found guiltie of any Treason Murder Manslaughter Rape or other felonie whatsoeuer for the which iudgement of death should or may ensue and shall be repried to prison without iudgement at that time giuen against him Those persons that at any time shall by the Kings Letters patents be assigned Iustices to deliuer the Gaole where anie such person found guiltie shall remaine shall haue full power to giue Iudgement of death against such person so found guiltie and repried as the same Iustices before whome such person was found guiltie might haue done if their Commission of Gaole Deliuerie had remained in full force 11 The Iudgement in petit Larceny Iudgement in petit larcenie is that the offendor shall be ledde backe againe to the Gaole Stockes or place from whence hee came and there to remaine a wéeke a moneth or c. and then in such a Citie Borough Market towne Village where the fact was done or other place assigned by the Iustices to be tied to a carte stripped from the girdle vpward and whipped vntill his bodie doe bléede once twice or thrice c. according to the Iustices discretion 12 If a woman be indicted and arraigned of felonie Stay of a womans execution being with childe it is no plea for her to say that shée is with childe but she must pleade to the felonie Not guiltie and if she be found guiltie then shee may alleadge that shée is with childe and then the Marshall or Sherife shall be commanded to returne an
guiltie thereunto if the Coroner doth record that he did at another time confesse it before him And if an Approuer Approuer to prolong his life doe appeale others where there be none such and that bee testified by the Coroner the Approuer shall be hanged 25. Ed. 3. 24. without further enquirie of the approuement Who ought to appeare vpon the Coroners inquisition 12 By the Statute of Marlbridge made Anno 52. H. 3. St. 52. H. 3. 24. it was ordayned That vpon an inquisition to be taken by a Coroner of the death of a man euerie one of the age of twelue yeares ought to appeare except they haue a reasonable excuse of their absence The Coroner may take appeals 13 And though the foresayd Statute of Officium Coronatoris doe make mention but of certaine Appeales as â—n Appeale of Rape Mayhem c. yet the Coroner with the Sherife hath authoritie to take Appeales of Robberie and other Felonies and also to take the Appeale of an Approuer in this sort and manner following viz. he may take an Appeale of Robberie or other felonie committed in the same countie where he is Coroner and not elsewhere But he may take the Appeale of an Approuer of an offence committed in any countie of England and the reason of this difference is because by the approuement the Approuer is attainted of Felonie but so is not the offendor in the other case and therefore if in the former case he should receiue such an Appeale of Robberie Fitz. Cor. 437. or other Felonie it could not be tryed by a Iury of the countie where he is Coroner for that the felonie was committed in a forrein countie And yet in the foresaid case of approuement in another countie the Coroner cannot award Proces thereupon but he must enter it into his roll and send it to the Iustices of Gaole deliuerie Fitz. Cor. 462. who shall award Proces vnto the Sherife of that forreine countie to apprehend him which is so appealed And as the Coroner may take the Appeale of an Approuer in another countie so vpon the same reason he may take the abiuration of one which hath confessed a felonie committed by him in another countie Fitz. Cor. 416. 14 If the Coroner shall find any person drowned in a daungerous pond or pit he must commaund the towne where the same pond or pit is to stop it vp Stopping vp a place of danger and enter the same his commandement into his Roll And if after it bée found before the Iustices in Eire that the same pond or c. is not stopped vp the whole towne where it is shal be amerced 15 Though there be diuers Coroners in a Countie Where the presence of all the Coroners is requisit and where but of some one of them yet it is not requisit to haue more than one to enquire vpon the sight of a dead bodie And in like sort one is sufficient to giue iudgement vpon an Outlawrie 14. H. 4. 35 39. H. 6. 41. and in Redisseisin it is sufficient to haue two Coroners But where Proces is to bee awarded to the Coroners in default of the Sherife there all the Coroners within the Countie ought to serue or otherwise it is not good for they execute that office as ministers and not as Iudges as they doe in other cases And by the statute of Anno 23. H. 6. St. 23. H. 6. 11. euery of the Coroners shall bée present in his proper person at the assessing of the wages of the Knights of the same Shire for the Parliament with the Sherife Vndersherife Baylifes and others that will be present to assesse the wages of the sayd Knights after the deliuerance of the Kings writ De solutione feodi Militum Parliamenti and proclamation thereof made vpon paine of forfeiture of euery of them making default xl sÌ„ to the King St. 1. 2. P. M. 13. 16 By the Statute made Anno 1. 2. P. M. it is ordained The Coroner must record the euidence and bind the parties to giue it That euery Coroner vpon any inquisition before him found whereby any person shall bée indicted for murder or maÌ„slaughter or as accessory to the same before the murder or manslaughter committed shall put in writing the effect of the euidence giuen to the Iurie before him being materiall And he hath authoritie to bind all such by Recognisance or Obligation as doe declare any thing materiall to prooue the sayd murder or manslaughter or to be accessorie to the same to appeare at the next generall gaole deliuerie to be holden within the countie citie or towne corporat where the tryall thereof shall be then and there to giue euidence against the partie so indicted at the time of his tryall and shall certifie as well the same euidence as such bond in writing which he shall take together with the Inquisition or Indictment before him taken and found at or before his sayd tryall to be made And if any Coroner shall offend in any thing to the contrarie then the Iustices of gaole deliuerie for the Shire Citie Towne or place where such offence shal be committed vpon due proofe thereof by examination before them shall for euerie such offence set such fine on such Coroner as they shall thinke méet Inquirie of a man slaine within the K. house verge 17 Forasmuch as heretofore many felonies that haue béene committed within the Verge haue béene vnpunished because the Coroners of the county haue not béene authorized to inquire of felonies done within the Verge but onely the Coroner of the Kings house which neuer continueth in one place by reason whereof there can be no triall made in due manner nor the selons put in Exigent nor outlawed nor nothing presented in the Eire which hath beene great damage to the King and to the hindrance of his peace For the redresse whereof by a Statute made Anno 28. Ed. 1. St. 28. E. 1. 3 intituled Articuli super chartas it was ordained That if the death of a man where the Coroners Office is to make view and Enquest doth chaunce in any countie where the Kings house is and within the Verge the Coroner of the same countie shal be commanded with the Coroner of the Kings house to execute his office and to inroll it And that thing which cannot be determined before the Steward shall bee committed to the common law so that Exigents Outlawries and Presentments shal be thereupon made to the Iustices in their circuits by the Coroner of the countie as well as of other felonies done out of the Verge Neuerthelesse they shal not omit by reason hereof to make attachmeÌ„ts freshly vpon the felonies done Which foresaid statute for so much thereof as doth touch or concerne the K. house onely is in part altered by the statute of Anno 33. H. 8. St. 33. H. 8. 12. whereby it is ordayned Inquirie if a
47 Arresting vpon doubt of Manslaughter 48 A Iustice of peace his Warrant to arrest a felon 49 Arresting of an offendor and committing him to the Constable 50 Imprisonment vntill he had made an Obligation 51 The seruant not chargeable for the masters offence by imprisonment 52 No imprisonment by force of a Iusticies 53 Imprisonment by force of a warrant vpon a Supplicauit 54 Arresting him that would breake the peace 55 Imprisoning of a seruant that doth assault his master 56 In what cases imprisonment is lawfull and in what not 57 Imprisonment for offences done to the Iustices of the realme 58 What is maiheming 59 How many sorts there bee of maiheming 60 Examination of a maihem by the Iustices or Surgeons 61 Where diuers appeales of maihem for one offence 62 Principall and Accessarie in maihem The iudgement in an appeale of maihem 63 Mainprise in an appeale of maihem 64 Why maihem is supposed to be done feloniously 65 Barres in an appeale of maihem 66 Execution in an appeale of maihem 67 An action of Trespas maintenable after an appeale of maihem 68 The peace preserued and affraies restrained by Iustices of Peace The commission of the peace 69 The cōmission doth chiefely respect the peace Why they be called Iustices of the peace Binding suspected persons to their good behauior 70 A Iustice of Peace may take surety of the peace What the surety of the Peace is Certificat of a Recognisance The surety of good abearing 71 For whom and against whō the surety of Peace is to be graunted 72 Vpon what causes the surety of peace is to be graunted 73 Surety of peace enioined by word or writing 74 The seruing of Proces for the peace A warrant of the peace Who may serue it without writing and who without shewing it and who not Refusing to obey the warrant 75 To which Iustice of Peace the party arrested is to be brought 76 A warrant to find sureties to keepe the peace The party must offer his sureties 77 Surety of Peace doth dye with the king The Iustices authority dyeth with the king 78 The sureties of the Peace must be named 79 Hee that is bound to the Peace must appeare at a day prefixed 80 A Supersedeas for the peace 81 Taking a Recognisance for the keeping of the peace Taking a Recognisance for the good abearing 82 A Release of the suretie of Peace The parties release of the peace The Iustices Release of the Peace 83 Causes of the breach of the Peace or good abearing 84 The Sherife Constable and seuerall other officers be conseruators of the Peace 85 Euery able person when need requireth must be a conseruator of the Peace 86 Menaces Assaults Batteries c. in some cases are punishable in the Starre-chamber Riots Routs vnlawfull and Rebellious Assemblies Fol. 24. 1 The enormity of Riots Statutes ordained to preuent forces or Riots 2 The Court of Star-chamber authority to punish Riots c. 3 What is a Riot 4 What is an vnlawfull assembly 5 What is a Rout. Rout by wearing of armour 6 Lawfull assemblies of three persons or more An assembly lawfully begun doth end riotously 7 Disturbing of Riotors 8 The Iustices and Shirifes c. shall arrest Riotors Recording of a Riot 9 Inquiry of a Riot by the Iustices c. A Precept to the Shirife to returne a Iury to inquire of a Riot The forme of an inquisition of a Riot 10 Certifying of a Riot Trauerse of a Certificat 11 Proces against offendors 12 The forfeiture of Iustices which doe not inquire of Riots 13 A Commission to inquire of the Iustices c. default 14 Vpon the Commission the Coroner shall returne the Iurie What issues shal be returned vpon the Iurors 15 Where the Sherife shall returne the Iury and not the Coroner 16 A Writ directed to inquire of Riots 17 Riots shal be inquired of at the Kings costs 18 The punishment of Riotors 19 Each man shall helpe to represse Riots 20 Baylifes of Franchises Riots in Cities and Townes corporat 21 A Iury to inquire of Riots 22 Maintenance wherby a riot is not found 23 What one Iustice of Peace may do alone in a Riot 24 The Iustices must haue notice of a Riot 25 The parties agreement no discharge of the inquisition of a Riot 26 What power of the Countie the Iustices shall vse to represse Riots 27 The Iustices record of a Riot where no trauerse thereunto 28 The credit of the Iustices Record Certificat of a Riot 29 The proces against Riotors 30 The penalty for not executing of this statute 31 A trauerse to an indictment of Riot 32 Twelue or aboue assembled to change lawes 33 Practising to destroy Parks Ponds Conduits Common or Way Destroying of Deere Conies Douehouses Fish Pulling downe houses burning stackes of corne c. 34 Raising of vnlawfull assemblies by acts or words 35 Relieuing them which bee assembled 36 Vnlawfull assemblies aboue two and vnder twelue The remedy of the party grieued 37 Raising of power to suppresse vnlawfull assemblies 38 A copiholder being required refuseth to serue the king 39 A farmer required refuseth to serue 40 Disclosing a commotion wherein one is moued 41 An able person required refuseth to serue 42 Attendance vpon a Lieutenant 43 The forme of the Proclamation 44 Hinderance of the Proclamation 45 Other mens rights saued 46 Procuring others to offend 47 Vnlawfull assemblies by xl or aboue 48 A Lieutenant shall not appoint a deputie 49 Aiding of the offendor before the offence 50 The attainder of those offences no corruption of blood Force and Forcible Entries Fol. 34. 1 Vnlawfull force is an enemie to peace There shall be no forcible entry into lands 2 The penalty of forcible entry into lands or benefices 3 Holding possession by force Feoffement of lands for maintenance An Assise or action of Trespas against a disseisor by force The authority of officers in Cities and Towns enfranchised touching force 4 A speciall Assise against a disseisor with force 5 Seuerall remedies for seuerall offences by force 6 A Precept to the Sherife to impanell a Iury. The Shirifes forfeiture for not due executing of a Precept The proces against offendors in force 7 The forme of a Precept to the shirife to impanell a Iury. 8 The forme of an inquisition of forcible entry 9 A warrant to the Shirife to make restitution 10 Restitution awarded out of the Kings bench 11 No restitution but where forces is found by inquisition 12 Where no restitution against three yeares possession Where restitution notwithstanding three yeares possession 13 A Supersedeas to stay restitution 14 Where force found and yet no restitution 15 A Mittimus to send to the Gaole such as doe hold land by force 16 A Iustice may enquire of Forcible Entries without complaint 17 In an action of forcible entry the writ must be Vi armis 18 Who may bring an action of Forcible entry 19 He that hath title entereth by force 20 Hee that