to remain during the discretion of the Justices 19 H. 7. c. 13. Indictment of a riot is not good unless it say contra formam statuti inde editi provâ—si Cro. 102. a. nu 19. Rivers Every Justice of Peace is a conservatour of rivers within his county and may survey the wears in rivers that they be of reasonable wideness Lam. 189. Robbery Robbery is a violent taking away of any goods from any mans person with intent to steal them and putting him in fear thereby though the thing taken be but to the value of an half-peny Cro. 33. b. nu 1. Lam. 267. Dal. 260. But if a felon take money from me in the high-way and shall not put me in fear it is not robbery Dal. 260. Cro. 34. b. nu 12. Lam. 266. If a thief take nothing from my person but assaulteth me whereby he getteth any thing from me it is robbery Dal. 260. As 1. I cast my purse on the ground and he taketh it away Lam. 268. Dal. 261. 2. After assault he prayeth me to give him a penny and I do so Dal. 261. 3. If upon assault I deliver my purse Dal. 261. Cro. 34. b. nu 10. Lam. 267 268. 4. If flying from a thief I cast my purse into a bush and he doth afterwards take it away Dal. 261. Cro. 35. a. nu 10. Lam. 268. 5. If upon assault I flie away and my hat fall and the thief carry it away Cro. 35. a. nu 18. Dal. 261. 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 Cro. 34. b. nu 10. Dal. 261. 7. If by threats he compel me to swear to bring him mony and afterward I bring him the mony accordingly Dal. ibid. Lamb. 268. In some cases it is robbery 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 Cro. 34. a. nu 5. Lam. 269. Dal. 261. 2. To take a horse or a beast out of my pasture I looking on if the felon put me in fear Dal. ibid. Cro. 34. b. nu 5. 3. To make it robbery the person must be put in fear Cro. 34. b. nu 12. Dal. 261. 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 Cro. 34. a. nu â—0 Lamb. 270. 28. El. Pudseys case Dal. 262. To assault one to rob him without taking any thing is not robbery Cro. 34. a. nu 9. Dal. 261. After a robbery committed the Hundred must answer the loss if the robbers be not taken within 40 daies if it be done in the division of two Hundreds both Hundreds and the franchises within them must be answerable and the hundred wherein defect of fresh suit is the one moity Dal. 131. 27 El. c. 13. No person robbed shall bring any action upon the statute of Hue and Cry except he be first examined within 20 daies next before the action brought upon his corporal oath before some one Justice of Peace of the County where the robbery was committed whether he doth know any of them that did the robbery upon which examination if he confess he knoweth any of them then shall he before such action brought enter into recognizance before the said Justice effectually to prosecute such persons by Indictment or otherwise according to the due course of the laws of this Realm 27 El. c. 13. Lam. 202. Da. ib. 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 neer to the place where the robbery was committed 2. He commence his action within a year and a day next after such robbery committed 3. He be examined ut suprà before a Just of Peace Dal. 131. Any two Justices of Peace in the Hundred one being of the Quorum may assess all towns and parishes in the said Hundred and Liberties therein upon recovery and execution had against any of the Hundred towards â—â—equal contribution which mony the Constable must deliver to the same Justices within ten daies after collection and they upâ—n request to those to whose use it was colâ—ected Dal. 132. Cro. 197. a. And the Hundred shall be assessed in like â—ort in default of pursuit of fresh Hue and Cry Dal. ibid. Robbery in a house doth not charge the â—undred whether it be done in the day or in â—he night ibid. The Hundred is discharged upon taking of â—ny of the offenders by pursuit Dal. 133. so if â—he party robbed take any of the offenders afâ—er Hue and Cry made Dal. ibid. Robbing of an house 1. Robbing a house or any out-house as a barn or stable in the day to the value of 5 â—hill 2. Robbing a house by day or by night any person being therein and thereby put in fear 3. 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 4. Robbing any Booth or tent in fair or markeâ— the owner his wife children or servants being in the same sleeping or waking Aâ—l these are as penal as Burglary Dal. 287 Lam. 265. 39 El. c. 15. 21 H. 8. c. 1. 5 E. 6. c. 9 Rogues All persons here under mentioned being above the age of 7 years may be punished as Rogues Dal. 123. 39 El. c. 4. 1. All going about begging upon any pretence or colour though licensed by any subject except in some particular cases after mentioned Dal. ibid. Lam. 442. 2. All going about the country using any subtile craft or unlawful games as fortune-tellers juglers Dal. ibid. 3. All proctours patent-gatherers or collectors for prisons and hospitals Lam. 442. Dal. ibid. 4. All fencers bear-wards common-players of interludes and minstrels wandring abroad Dal. ibid. Lam. 443. 1 Jac. c. 7. 5. All pedlers pety-chapmen tinkers and glass-men wandring abroad 1 Jac. c. 7. Dalt ibid. Lamb. 443. 21 Jac. c. 28. 6. All wandring labourers able in body refusing to work for reasonable wages having nothing but labour to maintain themselves Dal. 124. Lam. 443. But such as are of any parish able to work and do not wander but refuse to work for the usual wages taxed in those parts are to be sent to the house of correction Dal. ibid. 7. Poor of the parish begging otherwise then is appointed them or begging by high-waies ibid. are to be sent to the house of correction 8. All pretending to be Aegyptians not being felons Dal. ibid. Lam. 443. 9. Soldiers or mariners that begg except soldiers or mariners having a testimonial from a Justice of Peace near the place of their landing with the place of their dwelling or birth to which they are to pass and
of Peace twice in the year and give account upon oath of writing under the hand of the minister what rogues have been apprehended and how many punished 7 Iac c. 4. Constables not safely conveying to the house of Correction such as by the Justices of Peace at their meeting for the execution of the Statute 7 Iac. c. 4. shall be sent thither â—o pay such fine under forty shillings as by most of the Justices shall be assessed 7 Iac. c. 4. A woman having a bastard which may be chargeable to the Parish for the first offence to be sent to the house of correction one year for the second offence to be sent to the house of correction and to remain there as aforesaid till she finde sureties for the good behaviour and not to offend so again 7 Iac. c. 4. Any able to work and threatning to run away and leave their families upon the Parish upon oath of two witnesses before two Justices of the said division to put in sureties for discharge of the Parish or to be sent to the house of correction 7 Iac. c. 4. Master of the house of correction quarterly at the Sessions must yield account of such as have been committed or is to be fined by most of the Justices 7 Iac. c. 4. If any committed become troublesome to the countrey by going abroad or escape without lawful delivery the Master is to be fined by most of the Justices at the Q. Sessions 7 Iac. c. 4. All penalties not limited by the statute 4 Iac. 4. shall be paid to the Treasurer and accounted by him 7 Iac. c. 4. Vide plus Poor people Hunting One Justice of Peace upon information of any unlawful hunting of Deer or Conies by night or with painted faces or other disguising in forrest park or warren may make warrant to the Sheriff Constable Bailiff or other officer to take the party suspected and to bring him before him or some other Justice to examine him thereof and if he conceal the hunting or any offender with him therein the concealment is felony in the concealer but the truth confessed is but fineable at the next Quarter Sessions 1 H. 7 c. 7. Lam. 191. Dal. 180. To disobey such a warrant or make rescous thereupon so that execution of that warrant be not had is felony 1 H. 7. c. 7. Dal. 75. The Justice of Peace that taketh examination of the offender for unlawful hunting in parks c. may after the examination bind the offender to his good behaviour to the end he be forth-coming till the offence and the offender be lawfully examin'd Da. 75. 76. Unlawfully hunting by three or more will prove a riot Dal. 76. Any by night or day wrongfully entring into any inclosed ground kept for keeping of Deer or Conies and there chasing or killing of them upon conviction to be imprisoned three months without bail and there to continue till he pay treble damages and costs to be assessed by the Justices before whom he is convicted or pay to the party grieved ten pound for Deer at the election of the party grieved 7 Iac. c. 13. and find sureties for his good behaviour for seven years 3 Iac. c. 13. 7 Iac. c. 13. Lam. 449. The party grieved or the Justices of Peace upon satisfaction of the party grieved and confession of his offence and that he is sorry for the same in open Sessions may release the offender of his bond for the good behaviour 3 Iac. c. 13. The statute 3 Iac. c. 13. doth not punish offenders in parks or inclosed grounds made after the statute without the Kings licence 3 Iac. c. 13. Enquiring hearing and determining of offences against the Statute 3 Iac. c. 13. may be made by the Justice of Peace and Goal-delivery at the Sessions and they may award process upon indictments informations bills of complaint or other actions wherein no essoin c. 3 Iac. c. 13. Any not having lands of inheritance in his own or wives right of the clear yearly value of 10 li. or for term of life of 30 li. per annum or goods to his own use worth 200 li. keeping Greyhound to course Deer or Hare except the son of a Knight or Baron of Parliament or son and heir of an esquire upon conviction by confession or oath of two witnesses before two Justices of Peace where the offence is committed the party apprehended to be imprisoned three months without bail except he presently pay to the Churchwardens where the offence was committed or party apprehended 40. shill to the use of the poor of the said Parish 1 Iac. c. 27. Any having lands in fee-simple or fee tail of 100 li. per annum finding any not having lands of 40 li. per annum nor worth 200 li. in goods to use any gun bow dogs or engines for killing of deer or hare except parker or warrener or owners of either of them or other grounds inclosed for deer or conies that shall be yearly worth 40 shill may take any their guns bows engines and dogs and keep them to his own use 3 Jac. c. 13. Lay person not having in lands 40 s. per annum spiritual person a benifice not 10 li. per annum keeping dogs to hunt or using ferrets c. shall be imprisoned for a year 13 R. 2. c. 13. Vide Parks Hundred Hundred with the liberties therein to be equally taxed by two Justices of Peace one to be of the Quorum in or neer the hundred for relief of those that are robbed 27 Eliz. c. 13. Dal. 132 299. The robbed shall not have his action upon the statute of 27 Eliz. c. 13. except he first with all speed convenient give notice of the robbery to some inhabitant neer the place where he was robbed 2. Commence his suit with in a year next after such robbery committed 3. He being examined upon his oath within 20 daies next before such actions brought by one Justice where the robbery was committed dwelling neer 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 Justice to prosecute the offenders effectually by indictment or otherwise by course of law Dal. 131. The hundred must answer the loss if the robbers be not taken within 40 daies Dal. 131 299. Cro. 179. a. Vide Robbery A man is slain in the day time out of a town and the murderer doth escape the hundred shall be charged there with 299 Jury of one hundred may present an offence done in another hundred Lam. 399. Robbery in a house doth not charge the hundred though it be in the day-time Dal. 133. Robbery in the night doth not charge the hundred yet if it be by day-light though before sun-rising or after sun-setting the hundred shall answer it Dal. 133 Coke l. 7. fol. 6. If upon pursuit the offenders or any of them be taken the hundred shall not be charged Dal. 133. If the
village iâ— parochia de A. and not of the parish onely But if there be but one village there the name of the parish onely or the name of the village onely or of the village in such a parish is sufficient And so if there be divers hamlets Cro. 102. a. nu 16. In an Enditement Si sit de pecunia numerata exprimere debet numerum genus pecuniae si massa rudis tum valorem si formata tum qualitatem pretium si sit panus tunc colorem pretium numerum ulnarum si animal tunc genus pilum pretium quòd felonâ—cè cepit illud contra pacem Cro. 103. a. nu 35. Stam. 81. Enquiry Justices of Peace may onely enquire and can proceed no further as in 1. Certain offences against the Supremacy 23 El. c. 1. 2. Treasons and misprisions of treason made by the 23 El. c. 1. 3. Offences against the statute of false rumours against the King 23 El. c. 1. Enquiry of a forcible entry vide Forcible entry Enquiry by presentment vide Presentment Enquiry by examination vide Examination Enquiry by information vide information Escapes Constable arresteth one that hath hurt aâ—other and voluntarily suffereth him to esâ—ape and he that was hurt dieth thereof within a year and a day the Constable shall make a fine to the value of his goods but it â—s no felony Lam. 134. To suffer a felon wilfully to escape is felony but a negligent escape is onely to be fined 1 R. 3 c. 3. Lam. 440. Dal. 276. Wilfull escape of one arrested for larceny man slaughter per infortunium se defendendo is not felony if the act were not felony at the time of the escape Lam. 230. Dal. 278. Crom. 39. a. nu â— Wilfull escape by the gaoler or keeper of a felon is felony in the gaoler not in the felon if the escape be caused by a stranger it is felony Lam. 229. Dal. 278. Escape suffered by him that receiveth a known felon is no felony Lam. 230. Dal. ib. but shall be accessary for that he was not arrested Cro. 39. a. nu 4. Vide plus Prisoners A prisoner under arrest onely escaping the escape must first be presented before he that suffered the escape shall answer it Dal. 278. A Justice sendeth for a felon out of the gaâ—â— and freeth him without bail it is felony iâ— the Justice Dal. ibid. A Justice pro defectu scientiae baileth one not bailable it is but a negligent escape Cro. 39. b. nu 4. Dal. 279. Offender upon his examination before a Justice confesseth the felony who letteth him go without commitment or bail it is a voluntary escape and so felony in the Justice Cro. 39. a. nu 7. 44. a. Dal. 304. A Town not walled must answer the escape of a manslayer in the day time 1 Cro. 40. b. nu 1. Dal. 299. The hundred must answer for a man slain out of the Town and for insufficiency the County shall be charged Dal. ibid. Gaoler 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 bast on it is a negligent escape and fineable But quaere for prisoners ought to be kept in salva arcta custodia Dal. 277. Cro. 39. b. nu 5. A Constable voluntarily suffereth a thief to drown himselfe this is felony in the Constable But if the thief without the assent of the Constable kill hang or drown himselfe it is a negligent escape in the Constable Dal. 276. Voluntarily escape of one arrested or committed for felony is felony in the Gaoler if for treason it is treason if for trespass it is trespass Dal. 278. Escheators other then those of a City or Borough that takes upon him the office not having lands in the Shire of twenty pounds per annum or for life at least or that hath sold or set to farm the office or made a deputy for whom he will not answer and whose name he doth not certifie within 20 daies into the Exchequer shall be fined 40 pound â—2 E. 4. c. 9. Lam. 429. Escheator taking for execution of any writ â—n any County above forty shillings or forty â—hillings where the land is not held incapite â—hall be fined forty pound 23 H. 6. c. 17. Lam. â—30 Escheator taking above 15 shillings for finâ—ing an office not exceeding five pounds a year loseth forty pound 33 H. 8. cap. 22. Lam. 430. Evesdroppers Evesdroppers which shall by night evesdrop mens houses are to be bound to the good behaviour Dal. 191. Evidences Justices of the Peace must binde over informers for felony to appear and give evidence against the felon at the next general Goal-delivery Dal. 49. Justices of the Peace must binde such as declare any thing material to prove the felony to appear at the next Goal-delivery and give evidence Dal. 303. If he which giveth evidence of felony to a Just of Peace against another will not be bound to give evidence at the Assises he shall be committed or bound to his gooâ— behaviour Cro. 102. b. nu 26. Dal. 25. Examination taken by a J. of P. of one couâ—ty may be certified into another county anâ— there read and given in evidence Dal. 303. Estreats Estreats are the extracts of fines forfeitures and amerciaments made by the Clarâ— of the Peace by indentures the one delivereâ— to the Sheriff the other to the Barons of the Exchequer Lam. 581. Estreats of the penalty for shooting in guns are to be recorded and sent into the Exchequer by the Justice that had the examinatioâ— of the matter Lamb. 297. Sheriff or his minister that shall levy anâ— of the Kings debts without shewing the party the estreats under the Exchequer seal shall be fined and pay treble damages to the party 42 E. 3 c. 9. 7 H. 4. c. 3. Lam. 432. He that estreateth issues of others then such who were chargeable or charged loseth five Marks to the King and as much to the party 27 El. c. 7. Lam. 432. Examination Felon brought before a Justice must be examined before he be committed to Prison the information of those that bring him must be put in writing within two daies after and the party bound to appear give evidence at the next Goal-delivery 2 3 P. M. c. 10. Lam. 212. Dal. 49 303. Before the statute the examination of a felon was not warranted at the Common law for nemo tenetur prodere seipsum but the offender shall not be examined upon oath Dal. 307. Circumstances observable in examination of a felon Lam. 218. Dal. 303. Cro. 98. a. In what offences conviction shall be by examination vide the several 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 limiting it Lam. 534. Where the statutes limit conviction to be by examination general a Just of Peace may examine