not having lands per annum spirituall person a benefice not above 10 po per annum keeping dogs to hunt or using ferrets c. shall be imprisoned for a yeare 13. R. E. 13. Vide Parks Hundred Hundred with the liberties therein to be equally taxed by 2 Iustices of Peace one to be of the Quorum in or near the hundred for relief of those that are robbed 27. Elis 13. Dal. 104 256. The robbed shall not have his action upon the statute of 27. Elis 13. except he first with all speed convenient give notice of the robbery to some inhabitant near the place where he was robbed 2 Commence his suit within a year next after such robbery committed 3 He being examined upon his oath within 20 dayes next before such actions brought by one Iust where the robbery was committed dwelling near to the hundred if he knew the robbers or any of them If he knew any of the robbers before such action he shall be bound before the said Iustice to prosecute the offenders effectually by enditement or otherwise by course of law Dal. 104. The hundred must answer the losse if the robbers be not taken within 40 dayes Dal. 104 256. Cro. 179. a. A man is slain out of a town and the murderer doth escape the hundred shall be charged therewith 256. Jurie of one hundred may present an offence done in another hundred Lam. 399. Hue and Crie For the apprehending of homicides burglars robbers and other felons hue and crie shall be made and every man shall follow the hue and crie and he that doth not shall be attainted to appeare before the Justice of goal-deliverie It seemeth any Iustice of Peace may binde him over by the commission Dal. 256. Cro. 179. b. Hue and crie ought to be made from town to town from countrey to countrey by horse-men and foot-men 13. Ed. 1. 12. 27. El. 13. Dal. 57. Cro. 178. b. 179. and upon committing of any robberie or felonie the officer of the town where it was done ought to send hue and crie to every town round about him Dal. 57. Cro. 178. b. Every Iustice of Peace may cause hue and crie fresh suit and search to be made upon any murder robberie theft or other felonie committed by force of the first assignavimus Dal. 39 57. Lam. 185. By a false hue and crie to enter into any house with the Constable to binde and robbe the Constable and master of the house in the night is burglarie Lam. 263. Vide plus Robberie Jesuites Seminarie Priests ANy Justice of Peace within the Countie in which any Jesuites Seminarie Priests or other Priests Deacons religious or Ecclesiasticall person shall arrive or land may within three dayes after take the submission oath and acknowledgement of him touching his obedience to the King and laws provided in cases of religion 27. El. 2. Lam. 189. Dal. 80. Every one understanding that any such Priest c. shall be within any of the Kings dominions ought to discover the same to some Justice or other superiour officer within ten dayes after such knowledge under the pain of fine and imprisonment the Justice within 28 dayes must give information thereof to one of the privie Councell on pain of 200 marks 27. El. 2. Lam. 198. Two Justices of Peace of the countie where any of the Kings subjects that are no Jesuites c. brought up in any Colledge of Jesuites or in Seminaries shall arrive within six moneths after proclamation made to that end may within two dayes after their return take their submission under the oath of alleagiance 1. El. 27. El. 2. To receive Jesuites or Seminarie Priests contrarie to the statute is felonie 27. Elis Lam. 414. Any within three dayes after the offence committed discovering to any Justice of Peace any Recusant Seminarie or popish Priest or any Masse to have been said any of them then present there and by reason of his discoverie any offender be taken and convicted shall be freed from the danger of the offence and have the third part of the forfeiture by such offence 3. Jac. 5. Lam. 199. Dal. 81. Imprisonments vide Prison Indictments vide Enditements Information Information against a felon whether he shall be taken by oath or no is uncertain but Lam. 213 214 215. and Dal. 264. and Cro. 194. a. do best allow it by oath No proces can be awarded upon information of a private person unlesse where the statute particulatly warranteth enquirie by information at the statute of 5. Elis 4. of labourers 5. Elis 21. of taking of fish deer or hawks Information of such as bring a felon must be taken by a Iustice of Peace so much thereof as is materiall he must put in writing within two dayes after the examination Dal. 159. Lam. 212. Two inform against another in matter of felonie and do varie in their talks viz. in the day and place when and where it was committed such information is not to be credited Dal. 26. Cro. 100. The bringer of the suspected will not inform it is meet to binde him over to give evidence Dal. 262. Form of a recognizance for the informer against a felon Lam. 214 216. Informers and Promoters Informer compounding for any offence against a penall law without consent of some of the Court of Westminster or willing the delaying or discontinuing a suit loseth 40 pound and is to stand in the pillorie being convict thereof at the Quarter Sessions 18. El. 5. 27. El. 10. Lam. 439 609. Ingrosser Ingrosser is he that by any contract unlesse by grant of land or tithe buyeth corn on the ground or other dead victualls to the intent to sell them again except buyers of barley or oats to make malt or oatmeal Victuallers not forestalling Badgers and Drovers not abusing their lawfull license buyers of forrein commodities except fish salt are excepted 5. Ed. 6. 14. Elis cap. 15. 13. Elis 15. Lam. 451. Inneholder Inneholder taking any thing for litter or excessively for hay or above a half penie a bushel above the market for oats loseth foure times the value of the overplus 13. R. 1. 8. 4. H. 1. 25. Lam. 473. repealed 7. Jac. 21. Vide plus Horse-bread Inneholder or alehouse-keeper may be compelled by a Constable to lodge strangers Dal. 28. edit 1626. Inneholder that suffereth a non-inhabitant to tipple in his house shall incurre the penaltie limited 1. Jac. 9. 1. cap. 4. Innekeeper taverner victualter is within the statute Jac. 9. 4. Jac. 1. cap. 4. Inmates vide Cottages Inrolment One Iustice of Peace may joyn with the Clerk of the Peace in taking of an inrolment of an indenture of bargain and sale of lands c. lying in the same Countie 11. H. 7. 15. and is to have 12 pence if the land exceed not in value 10 shillings a yeare and if it do then 2 shill 6 pence and taking above fined 17. H. 8. 15. Lam. 196 369 393. 436. Issues The Sheriffe that gathereth other
fear thereby though the thing taken be but to the value of an half-peny Dalt 227. Cro. 33. b. But if a felon take money from me in the high-way and shall not put me in fear it is not robberie Dal. 222. Cro. 34. b. Lam. If a thief take nothing from my person but assaulteth me whereby he getteth any thing from me it is robbery Dal. 227. As 1. I cast my purse on the ground and he taketh it away Dal. 227. Lam. 268. 2. After assault he prayeth me to give him a peny and I do so Dal. 227. 3. If upon assault I deliver my purse Dal. 227. Cro. 34. a. Lam. 267 268. 4. If flying from a thief I cast my purse into a bush and he doth after a day take it away Dal. 227. Cro. 34. b. 35. a. Lam. 268. 5. If upon assault I flie away and my hat fall and the thief carry it away Dal. 227. Cro. 35. a. 6. If a thief bid me deliver my purse without any force used and I deliver it and he finding but two shillings in it delivers it again Dal. 227. Cro. 34. b. 7. If by threats he compell me to swear to bring him money and afterward I bring him the money accordingly Dal. 228. Lam. 228. 8. In some cases it is robberie though the thief neither take it from my person nor assault me As 1. A thief taketh my goods openly in my presence against my will the fear is the like as if it had been from my person Dal. 228. Cro. 34. a. Lam. 269. 2. To take a horse or a beast out of my pasture I looking on if the felon put me in fear Dal. 228. Cro. 34. b. 3. To make it robbery the person must be put in fear Dal. 228. Cro. 34. b. 4. Two come to rob me and one acteth it being out of the sight of the other who after returneth to him it is robbery in both Dal. 228. Cro. 34. a. Lam. 270. To assault one to rob him without taking any thing is not robberie Dal. 227. Cro. 34. a. After a robbery committed the hundred must answer the losse if the robbers be not taken within 40 dayes if it be done in the division of two hundreds both hundreds the franchises within them must be answerable Dal. 128. No person robbed shall bring any action upon the statute of Hue and Cry except he be first examined within 20 dayes next before the action and brought upon his corporall oath before some one Iustice of Peace of the countie where the robberie was committed whether he doth know any of them that did the robberie upon which examination if he confesse he knoweth any of them then shall he before such action brought enter into recognisance before the said Iustice effectually to prosecute such persons by indictment or otherwise according to the due course of the laws of this Realm 27. Elis 13. Lam. 202. After robbery committed the robbed shall not recover against the hundred except 1 with all convenient speed he give notice of the robbery to some inhabitant neare to the place where the robbery was committed 2 He commence his action within a yeare and a day next after such robbery committed 3 He be examined ut suprà Dal. 104. before a Iustice of Peace The whole hundred must answer the robbery if the robber be not taken within 40 dayes and the hundred wherein defect of fresh suit is one moytie Dalt 129. Any two Iustices of Peace in the hundred one being of the Quorum may assesse all towns and parishes in the said hundred and liberties therein towards an equall contribution which money the Constable must deliver to the same Iustices within ten dayes after collection and they upon request to those to whose use it was collected Dal. 104. Cr. 197. a And the hundred shall be assessed in like sort in default of pursuit of fresh hue and cry Dal. 105 129 Robbery in a house doth not charge the hundred whether it be done in the day or in the night ibid. The hundred is discharged upon taking of any of the offenders by pursuit Dal. 109. so if the partie robbed take any of the offenders after hue and cry made Dal. ibid. Robbing a house or any out-house as a barn or stable in the day to the value of 5 shill Robbing a house by day or by night any person being therein and thereby put in fear Robbing any person in any part of his dwelling house the owner or dweller wife children or servants being in any place within the precinct of the same sleeping or waking Robbing any booth or tent in fair or market the owner his wife children or servants being in the same sleeping or waking All these are as penall as Burglarie Dal. 146. Lam. 265. 39. Elis 15. Rome vide Pope Rout. Rout is where three or more persons be disorderly assembled to commit with force whether they put in execution their purpose or no if they so do go ride or move forward after their first meeting Lam. 176. Sacriledge SAcriledge is the felonious taking of goods out of any Church or Chappell Lam. 420. Sacraments Three Iustices of Peace may take accusation by oath of two witnesses against such as deprave the Sacrament of the Supper and examine what witnesses were by and binde them all to give evidence at the day of triall and they being found guiltie shall be imprisoned and fined 1. Ed. 6. 1. Lam. 366 416. Quaere Three Iust of Peace one being of the Quorum may award against one endited upon the statute of 1. E. 6. 1. for depraving the Sacrament a Capias Exigent and Capias ut legat into any shire 1. Ed. 6. 1. Saltpeter-men Saltpeter-men cannot dig in the mansion house of any subject without his assent in regard of the danger that may happen thereby in the night time to the owner his family and goods by theeves and other malefactours Dal. 177. Cook 11. 82. Schoolmaster To keep or maintain a schoolmaster which resorteth not to Church or is not allowed by the Bishop or Ordinary of the Diocesse the maintainer forfeits ten pounds for each moneth and the schoolmaster to be imprisoned for a yeare without bail and disabled 23. Elis 1. Lam. 419. Any keeping a schoolmaster out of the Universitie except in publick Grammar-school and except in such Noblemen and Gentlemens houses as are not Recusants and licensed by the Archbishop or Guardian of the Diocesse both keeper and schoolmaster forfeits 40 sh a day 1. Jac. 4. Seditious sectaries One Justice of P. may within three moneths after the conviction of any seditious sectarie or Popish Recusant described in the statute of 34. El 1 require the submission of him to conformitie and in default of such submission may require him to abjure the Realm and if he refuse or after return without license it is felonie 35. El. 1. 2. Lam. 204. Sermon vide Preaching Servants vide Labourers and Apprentices Serving-men vide Testimoniall Sessions of the Peace
is felonie Lam. 226 229. 233. Escape suffered by him that receiveth a known felon is no felonie Lam. 226 230 234. Vide plus Prisoners To suffer one to escape that is arrested for an act which was not then felonie but by matter consequent fell out so to be is no felonie Lam. 234. but is fineable Dal. 241. Cro. 39. a. Lam. 230. A prisoner under arrest onely escaping the escape must first be presented before he that suffered the escape shall answer it Dal. 242. A Justice sendeth for a felon out of the goal and freeth him without bail it is felonie in the Justice Dal. ibid. Cro. 39. b. A Justice pro defectu scientiae baileth one not bailable it is but a negligent escape Dal. 242. Cro. 39. b. Offender upon his examination before a Justice confesseth the felonie who letteth him go without commitment or bail it is a voluntarie escape and so felonie in the Justice Dal. 260. Cro. 39. a. A town not walled must answer the escape of a manslayer in the day time Dal. 256. Cro. 40. b. The hundred must answer for a man slain out of the town and for insufficiencie the countie shall be charged Dal. ibid. Goaler or other officer suffereth his prisoner to go abroad for a time though the prisoner return as he was prescribed or let his prisoner go by bail or baston it is a negligent escape and fineable but Quaere for prisoners ought to be kept in salva certa custodia Dal. 240. Voluntarie escape of one arrested or committed for felonie is felonie in the goaler if for treason it is treason if for trespasse it is trespasse Dal. 241. A thief being in the custodie of the Constable doth suddenly hang drown or kill himself it is a negligent escape Dal. 270. Escheators Escheator other then those of a citie or borough that takes upon him the office not having lands in the shire of 20 pounds per annum or for life at least or that hath sold or set to farm the office to one for whom he will not answer and whose name he doth not certifie within â—0 dayes into the Exchequer shal be fined 40 pound 33. H. 8. 22. Lam. 409 414 429. Escheator taking for execution of any writ in any countie above 40 shill or 40 shill where the land is not held in capite shall be fined 40 shill 23. H. 6. 17. Lam. 410 414 430. Escheator taking above 15 shill for finding out an office not exceeding five pounds a yeare loseth 5 pounds 33. H. 8. 22. Lam. 410 415 430. Evesdroppers Evesdroppers which shall by night evesdrop mens houses are to be bound to the good behaviour Dal. 161. Evidences Justice of Peace must binde over informers for felonie to appeare and give evidence against the felon at the next generall goal-deliverie Dal. 39. Justice of Peace must binde such as declare any thing materiall to prove the felonie to appeare at the next goal-deliverie and give evidence Dal. 259 261. Examination taken by a Justice of Peace in one countie may be certified into another countie and there read and given in evidence Dal. 264. Estreats Estreats are the extracts of fines forfeitures and amerciaments made by the Clerk of the Peace by indentures the one delivered to the Sheriffe the other to the Barons of the Exchequer Lam. 59â— Lam. 548 562. Estreats of the penaltie for shooting in gunnes are to be recorded and sent into the Exchequer by the Justice that had the examination of the matter Lam. 292 295 297. Sheriffe or his minister that shall levie any of the Kings debts without shewing the partie the estreats under the Exchequer seal shall be sined and pay treble damages to the partie 24. E. 3. 9. 7. H. 4. 13. Lam. 411 416 432. He that estreateth issues of others then were chargeable or charged loseth five marks to the King 27. El. 7. Lam. 413 417 432. Examination Felon brought before a Justice must be examined before he be committed to prison and the information of those that bring him must be put in writing within two dayes after and the party bound to appeare and give evidence at the next goal-delivery 2. and 3. Ph. Mar. Lam. 196 207 212. Before the statute the examination of a felon was not warranted at the Common law for nemo tenetur prodere seipsum ibid. but the offender shall not be examined upon oath Dal. 264. Circumstances observable in examination of a felon Lam. 202 213. Dal. 260. Lam. 218. In what offences conviction shall be by examination vide the severall offences Conviction cannot be by examination onely but where the statute giveth it either by referring it to the discretion of the Justices or specially limitting it Lam. 504 515 534. Where the statute limitteth conviction to be by examination generall a Iustice of Peace may examine as well the offenders as witnesses Lam. 505 517 535. Where the examination of a Iustice of Peace is the conviction of the partie it ought to be upon oath but when it is but to inform the Jurie upon that enditement it needs not ibid. Lam. 536. Examination of witnesses is to be taken as well against as for the King Dal. 265. but Quaere whether it may be upon oath which maketh against the King Confession of an offender before a Iustice of Peace is not conviction except he confesse the same again upon his triall or arraignement Dal. 268. Extolling forrain power vide Treason Extortion Ordinarie Archdeacon Officiall Sheriffe Escheator Coroner Under-Sheriffe Bailiffe Goaler or other officer that by colour of his office taketh more then his fee or any fee or reward for expedition or unlawfully exacteth any oath or other undue thing Lam. 409 414 434. Any thing taken colore officii is extortion but virtute officii is allowable Cro. 57. b. The Sheriffe or Goaler taking any thing of a Constable for bringing a felon to the goal it is extortion 4. E. 3. 9. loseth 10 pounds Cro. a. 58. b. If the Ordinarie or his minister take any thing to allow a Schoolmaster to teach children 23. Elis 1. Cro. 58. a. The Marshall detaining a prisoner after he is discharged by the Court for any thing due to him but his fees Cro. ibid. The Ordinarie citing a lay person to appeare in the Spirituall court to depose there as a witnesse Cro. 59. b. Vide plus Fees A man prescribeth to have 4 pence of every one whose beasts are taken in his ground damage fesant being impounded and to make amends to him at his will it is extortion if he take it Cro. 58. b. To take any thing for a mortuarie contrarie to the statute 21. H. 8. 6. where the goods come not to 20 nobles besides debts or for married woman or infant or one that keeps no house or way faring man or any that is not resident where he dyed is extortion Cro. 59. a. Faires and Markets HE that keepeth a faire or market in a Church-yard shall be fined Stat. Wint.
Lord Chancellour and punished according to his desert 4. Hen. 7. 12. Lam. 330. Dal. 305. One Iustice of Peace may command fresh suit hue and cry and search to be made by officers and others after theirs robberies enjoyn watches for the arresting of suspected persons and night-walkers high-wayes to be enlarged that two Constables be chosen in every hundred forbid faires and markets in Churchyards command all between 15 and 60 to be sworn to the peace charge the Constable to arrest all such as be suspected to be draw-latches Lam. 185. Iustice of Peace taking bond in his own name and not anno Regis in a cause touching the King is to be imprisoned 33. Hen. 8. 39. Iustices of Peace at their Sessions are of equall authoritie Lam. 385. Vide Cro. 122. ann 33. The authoritie of a Iustice of Peace doth cease 1 by the Kings death 2 by the expresse will viz. by writ under the great Seal or supersedeas 3 by being left out of the commission 4 by accession of another office as being made Sheriffe or Coroner of the countie Dal. 89. Cro. 121. ann 314. Iustice of Peace must send his prisoners to the common goal Lam. 133. Dal. 30. 125. A felon is brought before a Iustice of Peace upon suspicion though it appeare to the Iustice he is not guiltie yet he may not set him at libertie but so as he may come to his triall Dal. 260 305 242. Lam. 233. Cro. 40. b. 100. b. otherwise it will prove a voluntarie escape in the Iustice for he is not to be delivered by any mans discretion Dal. 8. Lam. ut suprá A man is arrested for felonie by a Constable or other who afterwards hath knowledge that there is no such felonie done the opinion of Keble was that he might set him at libertie but if one be killed and another be arrested for suspicion though after he know the arrested is guiltlesse or was arrested for malice he ought not to set him at libertie but must be delivered by course of law otherwise it is felonie Cro. 40. What things a Justice of Peace ought to do ex officio Record a demurrer upon the evidence Lamb. 539. Give day to the partie to bring in a record that it before other Iustices which is pleaded by way of justification Lam. 534. If thinking an enditement to be void they have discharged the prisoner paying his fees yet upon change of their opinion they may stay him any time before judgement Lam. 540. Iustices of Peace ought not to suffer the King to be disadvantaged if they may lawfully prevent it Lam. 540. In absence of the Kings Atturney the Iustice of Peace may take issue with one that pleadeth a pardon that he is one of the parties excepted Lam. 540. Iustice of Peace cannot acquit felons of proclamations but if no prosecution be they are to keep them till the coming of the Iustice of goal-delivery Lam. 550. Iustice of Peace may enquire of all manner of felonies at the common law or given by any statute and of ail manner of trespasses done against the Peace of the King and of such trespasser wherein action of the case will lie for trespasse or decritz for in the end of the writ grounded upon the case is contained contra pacem nostram Cro. 8. â— One J. of Peace rebukes another neither he nor any of his fellow Justices can commit him for all are by one authoritie but if one Justice abuse another in open Sessions it seemeth the rest may binde him to the Peace Cro. 102. a. Fitz. 32 92. Defaults against the statute 3. Hen. 6. 11. for levying of wages for Knights of the shire are to be heard and determined by enquirie for the King or action for the partie before the Just of Peace Lam. 512. Labourers and Servants ONe Justice of Peace may cause all artificers and other persons meet to labour by his discretion to work by the day in hay and corn-harvest time or imprison the refusers in the stocks for two dayes and one night 5. Elis 2. Dal. 59. The Constable refusing to stock them loseth 40 shill One Justice of Peace under his hand and seal may license labourers in hay and harvest time to go into another countrey to work Dal. 59. One Justice of Peace upon complaint may compell meet persons to be bound as apprentices to husbandry or any other art c. and for refusall commit them to ward there to remain untill they be bound to serve according to the statute Dal. 53 76. 5. Elis 4. One Justice of Peace may take order betwixt the master and apprentice for want of conformitie in the master binde him over to the Qu. Sessions where foure Iustices one being of the Quorum may discharge the apprentice and if fault be in the apprentice inflict due correction Dal. 59. but if the first Iustice finde fault in the apprentice he may by 7 Jac. send him to the house of correction as an idle disorderly person Dal. 60. One Iustice of Peace may allow of the cause of putting away of a servant or of his departure within his â—…m Dal. 60. But an apprentice by 4 Iustices of Peace in open Sessions ibid. One Iustice of Peace may command vagrant persons to prison if they will not serve Dal. 63. One Iustice of Peace may make his warrant to attach a servant departing to be at the Sessions or may send him to the house of correction Dal. 77. Two Iustices of Peace upon complaint that a servant departed before the end of his term except 1 cause be allowed by one Iustice of Peace or a at the end of his term without one quarters warning before two witnesses or 3 hath refused to serv for the wages appointed according to the statute or 4 hath promised to serve accordingly and doth not may examine the matter and may commit without bail such faultie person till he be bound to serve and continue and then he is to be discharged without see to the goaler Dalt 60. Lamb. 350. Two Justices of the Peace may imprison the master for 10 dayes without bayl and the servant for 21 dayes that giveth or taketh greater wages then are allowed by statute Dal. 61. Lamb. 330. All retainer promise or payment of wages or any other thing contrary to statute and every writing and bond for the purpose is void Dal. 61. 5. Elis 4. Two Justices of Peace may imprison for a yeare or more any servant workman or labourer that doth make assault or affray upon his master or any that hath the charge or oversight of them or of the work being proved by the confession of the party or oath of two Dal. 6â— Or the Justices at the Sessions may inflict other punishment One Iustice may binde the offender to the good behaviour and so to the next Sessions Dal. 78. Edit 16â—6 Lam. 330 473. Two Iustices may compell any woman of the age of 12 and under 40. being unmarried to serve by
will be King after the King dieth Dalt 198 222. To set at large unlawfully any committed for Treason is Treason by the Common law Dal. 225. One imprisoned for felonie breaketh prison whereby a traitour escapeth it is Treason in him by the Common law Dalt 225. Voluntarily to suffer one to escape that is committed or onely under arrest for Treason is Treason by the Common law Dalt 225. Stam. 32. Forfeiture in case of Treason is of lands and goods to the King and at this day by 26. H. 8. 13. â— Ed. 6. 11. his lands entailed and his wife her dower saving in certain cases Dalt 229. Judgement and condemnation of a woman in case of Treason is to be drawn on a burdle to execution and burned Dalt 229. Stam. 182. Trespasse Vide Hedgebreakers Triall As well Noblemen as Gentlemen in cases of Felonie or Treason or misprision of Treason are to be tried by their equals Lam. 539. In Riots Routs unlawfull assemblies and forcible entries Nobilitie shall be tried by common jurours Lam. 539. All forrain Pleas triable by Jurie and pleaded by any indicted of Treason Murder or Felonie shall be tried in the countie where the partie is arraigned and by jurours of that countie 22. H. 8. 14. 32. H. 8. 23. Lam. 552. Aliens indicted of Felonie or Murder must be tried per medietatem linguae Lam. 554. Peere of the Realm indicted of Treason upon the statute 3. Jac. 4. is to be tried by his Peers 3. Jac. 4. All Treasons misprision of Treasons and concealment of Treason done or committed out of the Realm shall be enquired and tried within the Realm 35. H. 8. 2. Dalt 204. Indictment at the Turn to be certified to the Justices of the quarter Sessions Vide Certificate Sheriffs Turn to be holden within a moneth after Easter or within the moneth after Michaelmas Lam. 504. Estreats of the Justice of Peace of Fines assessed upon presentments in the Turn being inrolled and indented are to be levied by the Sheriffe to the use of him that was Sheriffe at the time of presentment 1. Ed. 2. Lam. 5â—5 VAgabonds Vide Rogues Venire facias Justice of Peace may award a Venire facias against the enditour to amend a bill upon the first oath 50â— Justice of Peace cannot award a Venire facias tot matronas to know whether a felon be with childe or no. Lam. 551. Vessels Vessels of ale and beere are to be made of seasoned wood with the mark of him that sealed it Lam. 460. Every Barrell for beere and every Barrell for ale and so every lesser vessell by 23 H. 8. 4. ought to contain under pain of 3 shill 4 pence for each default Beere Barrell 36. Ale 32 Gallons Kilderkin 18. 16 Firkin 9. 8 But now by the statute 1. Jac. 9. ale and beere shall be sold by retail by one and the same measure namely by the ale-quart Dalt 119. Cro. 94. b. Wine Oyl Hony Tunne 252. Gallons Dalt 119. Pipe 126. Hogshead 63. Barrell 31 and half â—…ndlet 16 and half But Crompton 94. b. saith Popham chief Justice saith that the measure of wine and ale should be all one and that so it was agreed by the Justices according to the standard of the Exchequer But note saith Crompton there that the ale-quart is greater for that the froth of the ale amounts a little and wine doth not froth and therefore there should be a nick in the top of the wooden kan where the measure should be to which nick the ale should come Cro. 94. b. And so Mr. Wallis Clerk of the Qu. market told him January 25. 1588. Butter is to be of the same content that Sope is 120. Herring the barrell half barrell firkin shall be of the same content that ale is namely the barrell 32 Gallons c. 13. Elis 11. Dal. 120. Sope and butter shall be of the same content with ale and the empty barrell not to be in weight above 26 pound and for the other vessels in proportion 23. H. 8. 4. Dal. 119. Lam. 461. The penalty is 9 shill 4 pence Victualls and Victuallers If Butcher Fishmonger Inneholder Tipler Brewer Baker Poulterer or other seller of victuall do sell at unreasonable rates and not for moderate gain they lose double value Lam. 454. Brewer selling drink at higher prices then have been appointed by the Justice of Peace loseth after the rate of 6 shill a barrell 23. H. 8. Lam. 455. Conspiracy or oath taken or promise made by Butchers Bakers Brewers Poulterers Cooks Fruiterers or any mystery or any of them not to sell but at prices agreed between them the first offence is 10 pound or 20 dayes imprisonment the second 20 pound or Pillory the third 40 pound or lose an eare 2. Ed. 6. 15. Lam. 455. To sell swines flesh mezelled or flesh that dyed of the murrain or other corrupt victuall Stat. de pistoribus C. 7. 51. H. 3. Lam. 455. Any except victuallers in their houses buying to sell again by retail butter or cheese unlesse it be in open Faire or Market loseth double value 3. Ed. 6. 21. 14. Elis 11. 27. Elis 11. Lam. 456. Processe upon the statute of 23. H. 6. 13. against victuallers is Attachment Capias and Exigent Brewer or other selling of ale or beere unto any unlicensed Alehouse-keeper other then for necessary provision for his own houshold loseth after the rate of 6 shill 8 pence a barrell one moity to the poore the other to the informer to be heard and determined at the Quarter Sessions 4. Jac. 4. Lam. 460. The Officer levying the penalty of 4. Jac. 4. and not delivering the moity to the Churchwarden or Overseers of the poore or not distributing it within convenient time after receipt forfeiteth the double to be recovered as the penalty 4. Jac. 4. Victualler is within the statute 1. Jac. 9. 4. Jac. 5. Cro. 4. Vide Transportation Alehouses Tipling Alehouse-keeper without license upon view of one Justice of Peace confession of the offender or oath of two witnesses loseth 20 shill to the poore of the parish the penalty to be levied by the Churchwardens or Constable by distresse by warrant of one Justice of Peace and to be apprized and sold within 3 dayes in default of distresse or non-payment within 6 dayes the offender to be whipped as the Iustice before whom the conviction was shall appoint for the second offence to be sent to the house of Correction for one moneth for the third offence to be sent and remain in the house of Correction till deliverance by order of Sessions 3. Car. 3. Constable or other officer not executing the punishment is to be sent to the Goal till he cause the offender to be punished or to pay 40 shill ibid. Undersheriffe Custos Rotulorum or a Iustices of the Peace one to be Quorum may give unto Undersheriffes before they exercise their office the oaths of Elis of supremacy and 27. Elis 12. touching their office so of their deputies and