women whereof the said Iustices and Shirife may take so many to assist them as they shall thinke good to arrest the offendors and to cary them to the Gaole And if the Iustices of peace be informed of a Riot committed at such a place and they go with the power of the Countie to suppresse it and finde no Riot there yet they are not to be blamed or fined for the leuying of the power of the Countie St. 13. H. 4. 7 27 By the said Statute of 13. H. 4. the Iustices of peace The Iustices record of a Riot Shirife or vndershirife haue power to record that which they shall finde done in their presence against the law and the trespassors and offendors shall be conuict by the Record of the same Iustices which recording must either be grounded vpon a thing done in their owne presence or else by inquirie vpon the oath of other men And therefore if two Iustices of peace assisted with the Shirife or vnder Shirife doe sée a Riot they may commaund the Riotors to be arrested then record the Riot without other inquirie But it is otherwise if they do not sée it for then they must first inquire of it by a Iury and after the same being found by inquisition they must make a record thereof which record that the said Iustices doe make must be in writing and is to remaine with one of them And they and none other of the Iustices ought to commit the Riotors to prison and to assesse their fines and to cause the same to be estreated into the Exchequer And if the Iustices do record a Riot of their owne fight the parties charged therewith shall neuer be allowed to trauerse it No trauerse to the record of a riot made of the Iustices own sight though indéed there was neuer any such Riot for their sight of the Riot being Iudges of record maketh that record in the iudgement of the law as strong and effectuall as if the supposed offendors had confessed the Riot befere them and touching the restrayning of trauerse more effectuall then if the Riot had béen found by a Iury vpon the euidence of others And if the Iustices of peace doe sée the Riot committed they may record the riot though the Riotors doe escape for that the fact is done in their presence which is the ground of their record And if the same Riotors doe escape from the Iustices at that time they cannot apprehend them at an other time for the apprehension and punishment of them must be whilest the Riot is committing or presently after and as it were whilest the blood is hot Neither in that case if the Riotors doe escape the Iustices can make any proces vpon their record neither ought it to be kept amongst the records of the peace but must be sent into the Kings Bench that proces may there be made vpon it And in that case 36. H. 6. 25. the offendors are not to be admitted to their trauerse but are of necessity to make fine for it If two Iustices of peace or more and the Shirife or vnderrshirife doe méet at a place appointed about the Kings seruice the affaires of the country or their owne priuate busines and any others to the number of thrée or aboue will make an assault in Riotous manner vpon them or any of them or vpon any other in their presence The credit of the Iustices record of a Riot they may arrest the offendors commit them to prison and record the Riot aswell as if they had come of purpose to sée and arrest Riotors but if they which doe begin a Riot doe flie into an other Countie before they doe commit the Riot then the Iustices must not meddle with them And this recording of a Riot by the Iustices of peace the Shirife or vndershirife is of that credit in the iudgement of the Law That if a man be bound by Recognizance to kéepe the peace and after such a record of being partie to the committing of a Riot is entred against him in a Scire facias awarded against him vpon his Recognizance he shall not be allowed either to iustifie the fact nor plead not guiltie thereunto 28 Whereas the said Statute of 13. H. 4. hath ordeined Stt. 3. H. 4. 7 that if the truth cannot be found then within a Moneth next after the same Iustices thrée or two of them shall certifie before the King and his Councel the whole fact and the circumstances thereof which words viz. the same haue relation to the Iustices of the Shire So that if two Iustices of the Shire and the Shirife or c. go to sée the Riot any other two Iustices may make inquirie of it and then they together or the first two or the last two may make certificat thereof Certificat of a Riot within a moneth after that inquisition taken But if the inquiry be made within a moneth after the Riot or c. committed and the certificat not made within a moneth after that then is not the certificat good nor according to the said Statute And yet if the Iustices do make an inquirie within a moneth after the Riot committed and then do giue day to the Iury to deliuer their verdict after the moneth expyred that is a good inquisition and according to the Statut for by that day giuen the Iury may enquire further and receiue more euidence to informe them of the truth of the matter If an enquest doe finde that a Riot was committed by x. persons and the Iustices doe certifie that it was committed by xx persons then the certificat and not the inquisition shall be taken for by that certificat of the Iustices it appeareth that the truth was not found by the inquisition And so it is if the inquisition be of x. persons and the certificat be of x. persons in harneis And likewise if the indictment be of a riotous assault only and the certificat bee of a riotous assault battery maiheming for though in the cases aforesaid the enquest haue found a truth yet they haue not foūd the whole truth neither that which is most for the Kings aduantage nor fully performed the meaning of the said statute but if the indictment and the Iustices certificat do vary in the day of the committing of the riot then the indictment shall be preferred before the certificat for the day doth alter nothing to qualifie or aggrauat the offence And yet séeing the said certificat is but only in the nature of a declaration to cause the parties accused to mak◠answer thereunto the same certificat ought to comprehend the certaine yeare and day though not the addition of the parties being not within the words of the statute of Additions made An̄ 1. H. 5. 5. St. 13. H. 4. 7. 29 And though the said Statute of 13. H. 4. The proces against riotors doth only make mention of a Capias yet it séemeth by the words
said master or mistresse go away with the said caskets iewels mony or cattels or any part thereof to the intent to steale the same defraud his or their said master or mistresse thereof contrary to the trust confidence in him or thē put by his or their master or mistresse or els being in the seruice of his said master or mistresse without assent or commaundement of his master or mistresse hee imbesill the same caskets iewels money goods or cattels or any part thereof or otherwise conuert the same to his owne vse with like purpose to steale it if the said caskets iewels money goods or cattels that any such seruant shall go away with or which he shall imbesill with purpose to steale it as is aforesaid be of the value of forty shillings or aboue then the same false fraudulent and vntrue act shal be from henceforth déemed and adiudged felony and he or they so offending shal be punished as other felons be punished for felonies cōmitted by the course of the common law Prouided alwaies that this act or any thing therein contained shall not in any wise extend or be preiudiciall to any apprētice or apprētices nor to any person being within the age of xviij yéeres going away with his or their masters goods or iewels or otherwise conuerting the same to his or their owne vses during the time of their apprentiship or being within the said age of xviij yeares but that euery apprentice or apprentices such person or persons being within the said age doing or offending contrarie to this act shal be and stand in like case as they and euery of them were before the making of this act If a man do deliuer an obligation to his seruant to receiue xx M. 25. H. 8. Dyer 5. l. and the seruant doth receiue the money of the obligor Receiuing money vpon an obligation and thē goeth away with the same or doth conuert it to his owne vse this is not felony within the compasse of the foresaid stat of 21. H. 8. for the master did not deliuer any goods to his seruant in this case but an obligation which is not valuable but a thing in action and moreouer the money was not deliuered to the seruant by the hands of his master but by the obligor But if one of a mans seruants doth deliuer to another of his seruants goods of the masters being aboue the value of 40. s̄ and he doth go away with it or conuert it to his owne vse this is felony If a man do deliuer to his apprentice wares or marchandises M. 25. H. 8. Dyer 5. to sell at a faire Receiuing money for wares or a market and he selleth them and receiueth the mony and then goeth away with the mony or conuerteth it to his own vse this is not felony by the stat of 21. H. 8. for he had not the mony by the deliuery of his master neyther went he away with the thing that was deliuered vnto him Seruants imbesilling their masters goods after his death 13 By the stat of An̄ 31. H. 6. it was ordained St. 31. H. 6. 1 That executors shall haue a writ out of the Chancery by the aduice of the Chauncelor two chiefe Iustices and the chiefe Baron of the Exchequer with two proclamations returnable in the K. Bench against such houshold seruants of the Testator as haue spoiled or eloigned the goods of their master after the death of the Testator And if the writ be returned serued the defendants make default they shall be attainted of felony and if they appeare they shal be cōmitted to prison there to remaine at the discretion of the Iustices vntill the defendants do answer vnto the said executors in such actions which the said executors will declare against them or any of them by bill or writ for the riot taking and spoiling aforesaid and that the same actions be determined so that such actions be pursued with effect and not slackly to retaine the same persons in prison And if the same persons be enlarged out of prison by the said Iustices then they shal find sufficient sureties to the executors by recognizance to kéepe such daies as they shal haue assigned by the Court. And if the kéeper of the prison whereunto they shal be committed doe let them go at large without order of the Iustices then the said kéeper shall forfeit xl l. to the executors No protection shall lye in any action vpon this statute 14 By the stat of An̄ 14. E. 3. it was accorded Enforcing a prisoner to become an approuer That shirifes shall haue the kéeping of gaoles St. 14. E. 3. 10 as they had wont to haue and put in such kéepers for whom they will answer And if any kéeper of prison or vnder kéeper shall by too great dures of imprisonment and paine cause any prisoner which he hath in his custody to become an approuer against his will and is thereof attainted he shall be adiudged a felon 15 By the stat of an̄ 5. El. it was enacted Egyptians that euery person persons which shal be séene or found within this realme of England or Wales St. 5. El. 20. in any cōpany of vagabonds commonly called or calling themselues Egyptians or counterfeiting transforming or disguising thēselues by their apparell speech or other behauiour like vnto such vagabonds commonly called or calling themselues Egyptians so shall or doe remaine continue in the same by the space of one moneth then the same person or persons shall be déemed iudged a felon and felons and shall suffer paines of death losse of lands goods as in cases of felony by the order of the common lawes of this realme Triall and shall vpon triall of them or any of them be tried in the countrey and by the inhabitants of the county or place where he or they shall be apprehended or taken and not per medietatem linguae No Clergy and shall loose the priuiledge and benefit of Sanctuary and Clergy Prouided Xiiij. yeares That this act shall not in any wise extend to any child or children being within the age of 14. yeares St. 8. H. 6. 12. 16 By the stat made An. 8. H. 6. it was ordained That if any Record Imbesilling of Records or parcell of the same Writ Returne Pannell Proces Warrant of Atturney in the Courts of Chauncery Exchequer the one Bench or the other or the Treasury be willingly stolne taken away withdrawne or auoided by any Clerke or other person by cause wherof any iudgement be reuersed such stealer taker away withdrawer or auoider their procurors counsellors abbettors being thereof indicted and by proces thereupon made therof duly conuict by their owne confession or by enquest to be taken of lawfull men wherof the one halfe shal be of the men of any court of the same courts and the other halfe of other shal be iudged for
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
other case the partie yet the King can in neither of the said cases releas it vntill it be forfeited for the mischiefe that may come to A. thereby though the Recognizance be taken domino Regi for that it is not a debt vnto him vntill it be forfeited But being forfeited then the King and none other may releas pardon the forfeiture And in the cases aforesaid though the Iust of peace or the party may releas the suertie of the peace Buck. The Iustices release of the peace yet the Recognizance before taken for the suertie of the peace must not be cancelled least the peace was broken before the releas made so the Recognizance was forfeited And the forme of the Iustice of peace releas of the peace is this Ego p̄fatus Paulus Risley armiger vnus Iusticiariorū dn̄i Regis nunc ad pacem in Com̄p̄dictur conseruādam assignatur qui S. T. de Preston ad securitatē pacis inueniendam mea discretione compuli eandem securitatem pacis quantū in me est in mea discretione 10. die Maij An̄ 5. Reg. Iac. c. remisi relaxaui Dat' apud Chetwood c. And the forme of the release of the party before the same Iustice that tooke the Recognizance of the peace is this Memorandum quod 10. die Iulij Anno 5. The parties release of the peace Regis Iacobi c. A. B. venit coram me Francisco Cheney Milite vno Iusticiariorum dom̄ Regis nunc ad pacem c. gratis remisit relaxauit quantum in se est praedictam securitatem pacis per ipsum versus supranominatum S. T. petitam In cuius rei testimonium ego p̄fatus F. C. c. Datur apud Chessam Bois c. And in like sort the Iustice or Iustices of peace may doe which tooke suretie for the good abearing if they sée cause 83 The peace or good abearing is broken Causes of the breach of the peace or good abearing the Recognisance taken for the kéeping of the same is forfeited by violent extreame malicious and vnlawfull menacings assaults affrayes batteries strikings or imprisonments as if a man bound to the Peace doe wrongfully and malitiously menace assault beat or imprison another or doe forcibly thrust him into a riuer well or pond whereby he is in danger of drowning or doe rauish a woman against her will or doe commit manslaughter burglarie or robberie or treason against the person of the King Br. peace 20 And if a man be bound to the peace after he doth procure another to breake the peace this is a cause of forfeiture of his recognizance taken for the surety of the peace for that the peace is broken by his meanes 18. Ed. 4. 28. And if one be bound to the peace after doe menace I. S. to his face in his presence to kill or beate him this is a breach of the peace But if I. S. be absent when he is menaced then is it no breach of the peace vnles the same partie doe according to his menace lie in waight to kill or beate I. S. for then also it is a breach of the peace 22. Ed. 4. 35. And though the suertie of the peace be not broken without fighting 2. H. 7. 2. beating imprisoning or extremity of menacing yet the suertie of good abearing may be forfeited by the extraordinary number of people 10. H. 7. 12. that the partie bound hath attending vpon him or by his wearing of harneis or other weapons more then before he hath vsually done or be méete for his degrée or estate or by vsing of rigorous or terrible words or threatenings tending or inciting to the breach of the peace or indemeaning himselfe in his behauiour company or gesture or doing of any thing which shall tend to the breach of the peace or to put the people in dread or feare 84 As the wisdome of the Realme hath ordained Iustices of peace to be preseruors of the peace and men wholy or specially deuoted assigned to that office So hath she made choice of other magistrates who with their other offices haue the conseruation of the peace annexed to their charges as a thing incident or inseperable from their other functions and goe continually lincked arme in arme with them As euery Shirife in his County euery Coroner The Shirife Constable c. conseruators of the peace high constable of any lath-rape wapentake hundred or fraunchise and euery petit Constable Borshoulder Tithingman Headborough Boroughhead Thirdborough and chiefe pledge in euery Towne Village hamlet is within his limits and the precincts of his authoritie a conseruator of the peace And so is the Steward in euery Léete and view of franck pledge the Steward of euery Court of Pipowders a conseruator of the peace and if an affray be made in their presence sitting in their Court each of them may commit the offendors to prison And they all are in dutie first to bend their care foresight to preuent the breach of the peace next to imploy both their owne valor and strength to commaund the helpe force of others to pacifie those who by word or déed are in breaking of the peace And thirdly to punish those who haue broken the peace according to the law St. 5. F. 3. 14. And therefore any of the officers aforesaid may take and arrest suspected persons which walke in the night and sléepe in the day and carrie them before a Iustice of peace to finde suerties of their good behauiour Sta. 13. E. 1. And if any be taken by watchmen in the night watch that is suspected of euill behauiour they may take him and imprison him vntill he be deliuered by the ordinarie course of law And if any doe goe or ride armed by day or night in fayers or markets or other places sauing the Kings seruants in his presence or in executing of his precepts or such as doe pursue huy and cry where offences be done any of the same officers may take their armor from them to the Kings vse and commit them to the gaole And if any assemblies Rout or rumor shall be begun St. 17. R 2. 8 the Shirifes and other the Kings officers shall take the power of the County and disperse them and shall commit the offendors to prison vntill they be duely punished according to the law And if any do threaten to kill maihem or beate an other or doe attempt or goe about to doe it then any of the said officers may arrest the offendor to come before a Iustice of peace to finde suertie for the kéeping of the peace or els the same officer may commit him to prison 1. H. 7. 7. And if either of the said officers shal perceiue any other in his presence to be in breaking of the peace eyther dy drawing of their weapons or by assaulting or striking one of an other or by assaulting
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
land without interruption 22. H. 6. 18. Fitz. Na. B. 249. he may kéepe his possession by force against all others And he is neither to be remoued from his possession by a Iust of peace though it be found by inquisition that he held that land by force nor yet by an action of Forcible entry brought against him vpon the said statute of 8. H. 6. Otherwise it is of a disseisor where restitution notwithstanding three yeares possession or of a man that commeth to land by a wrongful and vnlawfull title for if he hath detained the land by force thrée yeares 14. H. 7. 28. or twenty yeares he may be indited by vertue of the statute of 8. H. 6. before a Iustice of peace of forcible detaining of the same land and that being found the said Iustice of peace is to reseise the land and to award restitution to the party disseised or expelled thereof And also the same disseisor shall make fine and ransome to the King cui nullum tempus occurrit whose peace is brokeÌ„ by this long and vnlawfull detaining of the possession of another mans land by force But the party disseised expelled or kept out of possession cannot in this case maintaine an action of Forcible entry vpon the said statute of 8. H. 6. against the said disseisor séeing he hath omitted his time suffered the disseisor to gaine of him thrée yeares possession therby the benefit of the same prouiso contained in the said statute of 8. H. 6. 13 If a man who hath made an Entry vpon the possession of another of any lands or tenements by force or doth hold lands by force 1. R. 3. 4. after a peaceably entry made doe doubt that he shal be thereof indited before a Iustice of peace vpon the statute of 8. H. 6. and that restitution will be thereupon awarded he may haue a Certiorari out of the Kings Bench ready and when the Bill of Indictment is found he may presently deliuer it to the court and that shal be a Supersedeas to stay Restitution A Supersedeas to stay restitution for that by this Certiorari the indictment shal be remoued And though the indictment be found after the Teste of the writ of Certiorari it is not materiall for they be both the Kings Courts And when an indictment vpon the said statute of 8. H. 6. 2. 3. P. M. Dy. 122. is remoued into the kings Bench and that the party indited doth tender to trauerse the same the Iustices of the same Bench may graunt or stay restitution at their discretion according as the truth of the Title shall appeare to them But if a speciall sessions be procured to inquire of a Forcible entry or detaining of possession according to the said statute of 8. H. 6. and the Iustices to whom complaint is made do repaire to the place supposed to be entred vpon or holden with force 2. 3. P. M. Dy. 187. and doe sée the same according to the said statute after they do inquire thereof and that is found and thereupon they graunt restitution no other Iustice of peace can graunt a Supersedeas to stay the same restitution for by the said statute no other Iustice hath authority to graunt restitution but he or they to whom the complaint is made and before whom the force is found the writ shal be graunted vnder the Teste of one of them onely sauing the Iustices of the K. Bench who haue supreme authority and where the law doth intend that the King himselfe doth sit 14 Whereas the words of the foresaid statute of 8. H. 6. be Sta. 8. H. 6. 9. If it be found before any of the Iustices or Iustice of peace that any doth contrary to this statute viz. enter vpon or hold lands with force then the said Iustices or Iustice shall cause the lands or tenements so entred or holden to be reseised and shall put the party so put out in full possession of the same landes or tenements so entred or holden as before they were entred or holden And therefore if the father be put out of possession of lands by force and dieth before or after inquisition thereof his heire shall not haue restitution thereof vpon the said statute of 8. H. 6. for that he was not the same person which was put out And the same Law is if after the death of the father Where force found and no restitution dying seised of certaine lands a stranger doth abate and holdeth the same lands by force against his heire before he had gotten any possession indéed and that force is found before a Iustice of peace by an inquisition the same heire shall not haue restitution by the words of the said statute for that the same heire had but a possession in law and was not in actuall possession of that land neither is hée that party who was put out And so it is if tenant for terme of yéeres of certaine lands be put out of his terme by force and die though after his death the force he fâ—und by inquisition taken by a Iustice of peace his executors shall not be restored to the possession of that land by the same Iustice of peace causa qua supra But yet in the cases aforesaid the offendor shall be punished by imprisonment fine to the K. for by his forcible entry he hath broken the peace St. 15. R. 2. 2. 15 Whereas by the before rehearsed statute of 15. Rich. 2. it is ordayned That when any forcible entry shal be made into lands and complaint thereof come to a Iustice of peace he shall go to the place where the entry was made and if he find any that hold any such place forcibly after such entry made they shal be taken and put into the Gaole c. The forme of which Iustice of peace Mittimus whereby he shall send the same offendors to the Gaole is this viz. Francis Fortescue knight Buck. A Mittimus to send to the gaole such as do hold land by force one of the Iustices of peace of our Soueraigne Lord the King within the county of Buckingham to the keeper of his Ma. Gaole in Aylesbury in the said county and to his deputie and deputies there and to euery of them greeting Vpon complaint made to me by A. B. of Whaddon in the said county husbandman that C. D. E. F. of S. in the said county labourers and other malefactors and disturbers of the Kings peace had forcibly and with strong hand entred into his house c. in Whaddon aforesaid and him expulsed the same yet held with force I went this present day to the said house and there found the said C. D. E. F. holding the said house c. with swords and bucklers bils and staues to the great disturbance of his Ma. peace and against the forme of the said statute in that behalfe ordained And therefore I send you
false déede or writing as aforesaid after the said first day of Iune Stat. 5. El. 14 11 This Act or any thing therein contained Persons not chargeable by this statute shall not extend to charge any Ordinarie or any their Commissaries Officials Registers or any other their Officers or Ministers with any the offences aforesaid for putting their seale of office to any will to be exhibited vnto them not knowing the same to be false or forged or for writing of the said will or probate of the same Neither shall this Act or any thing therein contained extend or be hurtfull to any Proctor Aduocate or Register of any Ecclesiasticall Court within this realm for the writing setting forth or pleading of any Proxie made according to the Ecclesiasticall lawes or customes heretofore allowed and vsed by the Ecclesiasticall Courts of this Realme for the apparance of any person or persons beeing cited to appeare in any of the said Courts Ecclesiasticall Officiall Nor to any Archdeacon or Officall for putting their authentique seale to the said proxies or proxie Nor yet to any Iudge Ecclesiasticall for admitting of the same but they and euerie of them may hereafter doe in all poynts concerning the same as they and euerie of them might lawfully haue done before the making of this Act. Neither shall this Act extend to any Attourney Attourney Lawyer or Counsellor Counsellor that shall for his client plead shew forth or giue in euidence any false and forged déed charter will court roll or other writing for true being not partie nor priuie to the forging of the same for the pleading shewing forth or giuing in euidence of the same Neither shall this Act extend to any person or persons Exemplification that shall plead or shew forth any deed or writing exemplified vnder the great Seale of England or vnder the great seale of any other authentique Court of this Realme A Iudge A Iustice Nor shall extend to any Iudge or Iustice or other person that shall cause any seale of any Court to bee set to any such déed charter or writing inrolled not knowing the same to bee false and forged Any thing in this Act to the contrarie notwithstanding Forging of a customarie booke 12 If one or more tenants of a Mannor 15. Eliz. Dy. 322. wherein there bee seuerall Copiholders doe make a customarie booke or roll of the same Mannor in parchment or paper and doe insert therein diuers customes whereof some be false and doe set his or their owne seales thereunto and the seales of some other Copiholders of the same Mannour and the same customarie booke or roll is intituled and pretended to be collected renewed set forth and allowed by the Lord and all the Freeholders and Copiholders of the said Mannour where in truth it is set forth and made without the priuitie or consent of the Lord of the same Mannour or of the residue of the Copiholders thereof This is a forgerie and false making of a writing sealed to the intent to benefit themselues and to disinherit the Lord of the Mannor and therefore punishable by the open and shamefull punishment contained in the foresayd Statute of 5. Elizab. The proces to leuie costs and damages of a forger 13 Whereas the sayd Statute of 5. Elizabeth hath ordayned 15. Eliz. Dyer 323. That if any person shall bée conuicted of forging of a false deed vpon a bill or information to bee exhibited into the Court of the Starre chamber according to the order and vse of the Court hee shall pay vnto the partie grieued his double costs and dammages to bee assessed in the same Court Therefore when any man is attainted of Forgerie in the Starre chamber for the recouerie of the double costs and dammages taxed by the Court a writ in English shall bee made and directed to the Sherife of the Countie where the offendor doth dwell reciting the Statute and the conuiction commaunding the Sherife to leuie the said costs and dammages of the goods cattels and profits of the lands and tenements of the offendor and to bring the money into the Starre chamber Which writ shall bee sealed with the great Seale and vnder the Teste of the King And there by the order of the Court the money shall be deliuered to the partie grieued The kings pardon of forgerie 14 If a man be attainted of Forgerie in the Starre Chamber 15. Eliz. Dyer 323. Co. li. 5. 50. or in an action of Forger of false déeds founded vpon the said statute of 5. Eliz. the king may pardon his corporall punishment of setting vpon the pillorie flitting his nostrels and perpetuall imprisonment viz. so much of the penaltie of the sayd statute as is to be inflicted for a terrour or example to his people for that hée onely hath interest therein as hée hath in the issues and profits of the said offendors lands And as he may pardon the second offence of him who béeing once conuicted of forgerie doth eftsoones commit the same againe and thereby doth become a felon And as the plaintifes release discharge or discontinuance by the words of the said statute shall discharge the defendants iudgement or execution touching such costs and dammages as the plaintife should haue had against the defendant So may the kings pardon discharge the same defendant of any penaltie or forfeiture that the same statute doth giue vnto him which be the corporall punishments and the issues and profits of the defendants lands 23. El. Dy. 302. 15 Whereas the said Statute of 5. Elizab. hath ordained Forging of Testament That if any shall forge the will of any person in writing to the intent c. That then hée shall be punished as is aforesaid Yet if one do forge the Testament of another person whereby any lease for yeares shall bée conueyed hée is within the danger and penaltie of the said statute though no mention bee made in the statute of a Testament and he shall be charged onely in respect that hée hath forged a writing sealed But of a will concerning fréehold or inheritance there is speciall mention made in the same statute 12. Eliz. Dyer 288. 16 If a Clerke doe write the will of another man which is deadly sicke and after the Testator is become speechlesse Inserting more in a will than is directed and past memorie doth insert some article or clause in the same will which the Testator did not direct him to doe yet this is no forgerie punishable by the sayd statute of 5. El. nor within the meaning of the makers of the same For the principall déed or writing which was the wil of the Testator was not forged neither was any false déed charter writing or will though the article or clause inserted therein hauing no sufficient warrant was false and therefore not the Testators wil nor part thereof nor to be proued therewith 17 And though the said statute of 5.
request his opinion of them whether they will serue to defend his title in the cause in suit and the partie doth affirme them to be good and sufficient in law to iustifie and maintaine his cause this is vnlawfull maintenance in that person who giueth this counsell for by this meanes the partie may be encouraged to prosecute or defend a suit which the law will not warrant him to effect Co. li. 1. 177 And if L. being a man that is not learned in the law will publish that B. hath good right and title to the Mannor of D. wheras in truth B. hath no good right title thereunto but C. hath the onely right title to the same in this case because L. hath taken vpon him the knowledge of the law and intermedled in a matter wherin he hath nothing to do C. may haue an action vpon the case against the said L. for slandering of his title and shall recouer his damages against him and his ignorance of the law will not excuse him 33 In an Action of Maintenance the plaintife declared Maintenance by an Atturney That the defendant maintained one B. in the court of L. in an action of Couenant 36. H. 6. 37. which the plaintife brought against the said B. in the same court Whereunto the defendant pleaded That he was retained to be the Atturney of the same B. in the said suit which the plaintife did prosecute against him by force wherof he came to a man learned in the law by the commandement of the said B. his client and desired him to be of counsel with the said B. and gaue him his fée of the money of the said B. the which is the same maintenance And this was adiudged maintenance iustifiable for when an expert and learned man is Atturney for another he is to do all lawfull things which he can touching that suit for the benefit of his client with the priuitie or direction of his client as in retaining of learned counsell suing forth of originall or iudiciall proces procuring a Iurie to be impanelled Kel fol. 50 13. H. 4. 19. and returned by the Sherife by obtaining a Supersedeas for his client when cause doth require it and he may giue euidence to the Iury vpon the tryall of his clients cause and also he may request any of the Iurors impanelled for the triall of the said cause to appeare for the spéedy end of the said suit 34. H. 6. 26. But neither the same Attourney who is retained for that only cause nor a generall Attourney that is constituted by any person in al his causes according to the stat of West 2. St. 13. E. 1. 10. may do any vnlawfull thing in his clients behalfe as to giue or promise money or other reward of his owne or his clients to a Iuror 11. H. 6. 10. to giue his verdict for his client or to threaten him if hée doe otherwise or to defend or offer to defend his clients cause at his owne charges or to procure the Sherife to returne a Iurie at his denomination for the tryal of his clients cause for in all these cases last specified the maintenance is vnlawfull and punishable for he cannot do them as an Attourney but as a straunger a maintainor and of his owne wrong And if a man do maintaine a suit by an Atturney 22. H. 6. 24. an action of Maintenance doth lye against the Master Maintenance in a Sherife or his bailifes And if the Sherife of any Countie his Vndersherife or any Bailife do any of the things aforesaid 13. H. 4. 19. in any suit prosecuted betwéene partie and partie other than impanell a Iury and summon them to appeare at a day time prefixed by the kings writ it is vnlawfull maintenance in him 22. H. 6. 35. 34 In an action of Maintenance the defendant pleaded Maintenance in respect of neighborhood That he whō it is supposed that he maintained is his neighbour and that hee came vnto him and told him that the plaintife had procured a Capias to arrest him therefore praied the defendant to giue him counsell what he were best to doe and hée this defendant aduised his said neighbour to goe to London and to yéeld his bodie to the Iustices and to procure a Supersedeas which is the same maintenance whereupon the action is brought And this was adiudged no vnlawfull maintenance but a neighbourly and friendly counsell which euerie person may giue to another For if a husbandman or any other doe come to his neighbour and tell him that a stranger doth owe him money or doth detaine his goods from him and request his counsell that neighbour may aduise him to bring an action of Debt or Detinue against the same straunger 12. Ed. 4. 14. 19. Ed. 4. 3. Or if one neighbour shall tell another that hée hath a cause to put in suit and desire that hee will instruct him what learned man in the law he doth know to whom he may repaire for counsell his neighbour may informe him of such one as hee taketh to bee learned and also may goe with him to that learned man and bee present when he doth retaine him of his counsell and open his case vnto him and also hee being a meane man and of small countenance or authoritie in the countrey may goe to the barre and stand by him at the tryall of his cause in question but if that neighbour shall giue any money to the counsellor to be retained with his neighbour or shall giue any money or other reward to the Sherife or Vndersherife or to any Bailife to arrest the other partie in his neighbours behalfe or to answer his suit then is it vnlawfull maintenance in him and hee is by action of Maintenance to bee punished therefore Where the master may maintaine his seruant 35 In an action of Maintenance brought by A. against B. the plaintife declared 31. H. 6. 8. that where he brought another action before against C. the said defendant did maintaine the same C. in the same first action whereunto B. the defendant pleaded That the same C. is his seruant retained in his seruice for one whole yeare and therefore he retained one M. an Apprentice of the law to be of counsell with the said C. his seruant and paid the said M. his fee with part of the wages due to the said C. which was the same maintenance and this was adiudged a good plea in barre and lawfull maintenance 22. H. 6. 35. 9. H. 6. 64. 28. H. 6. 12. 19. Ed. 4. 3. 19. H. 6. 30. for it is lawfull for the Master to request a man that is learned in the law to be of counsel with his seruant in his suit and to pay the same counsellor his fée with part of the wages of his said seruant and to goe with his seruant to the barre at the tryall of his cause in question which the
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
Notice must be giuen of the robberie shal haue or maintaine any action or take any benefite by vertue of the saide two mentioned Statutes or either of them except the saide person or persons so robbed shall with as much conuenient spéede as may be giue notice and intelligence of the same felonie or robberie so committed vnto some of the inhabitants of some Towne Village or Hamlet neare vnto the place where any such robberie shall be committed Nor shall bring or haue any action vpon or by vertue of any the statutes aforesaide except hée or they shall first within twentie dayes next before such action to be brought be examined vpon his or their corporall Othe to be taken before some one Iustice of the Peace of the Countie where the robberie was committed inhabiting within the said Hundred where the robberie was committed The party robbed examined â— bound to prosecute the offenders or neare vnto the same whether hée or they doe knowe the parties that committed the said robberie or any of them And if vpon such examination it be confessed that he or they doe know the parties that committed the saide robberie or anie of them then he or they so confessing shall before the saide action be commenced or brought enter into sufficient bond by Recognisance before the saide Iustice before whome the saide examination is had effectually to prosecute the same person and persons so knowen to haue committed the saide robbery by indictment or otherwise according to the due course of the Lawes of this Realme 15 Because the inhabitants of the Hundred of Benherst in the countie of Berke consisting onely vpon fiue small villages and three hamlets and hauing in it two great road waies of three miles in length at the least through the Thicket haue béene ouercharged by seuerall Braunches of the said Statute of Anno 27. Eli. 13. In reformation thereof by a Statute made anÌ„ 39. Elizab. St. 39. E. 2â— it was enacted That the inhabitants of the Hundred of Benherst alias Beinersh within the Countie of Berke shall and may to their owne proper vse A remedy for the inhabitaÌ„ts of Benherst in Barkshire in the name of the Clerke of the Peace of the said Countie of Berke recouer haue and leuie all such summes of money costs and dammages as hereafter shall be recouered or leuied of or against them by the foresaide Statutes or any of them against the inhabitants and resiants of euery or any such Hundred with the franchises within the precincts thereof wherein negligence fault or defect of such pursute and fresh sute as by the said Statute of 27. Elizab. is appointed to be made shall happen to be after notice giuen or huy and crie brought to the saide inhabitants or resiants or any of them of or vpon any robberies which shall be at any time héereafter done within the saide Hundred of Beinersh And this present Act shal giue as full power and authoritie in all respects to the inhabitants of the saide Hundred of Benherst in the name of the Clerke of the Peace of the saide Countie for recouerie hauing and leuying of all the saide money costs and dammages as aforesaide as the aforesaide Statute of 27. Elizab. gaue or intended to giue for the recouerie of a moitie or one halfe thereof Prouided alwaies that no such remedie or recouerie shall be had In what cases onely the recouerie shall be had by this Statute for all or the whole summe or summes of money and dammages aforesaide but onely in these two Cases viz. The one where no such notice or intelligence as by the said Statute of 27. Elizab. was appointed to be giuen of euery or any Robberie shall be giuen to the inhabitants of the saide hundred of Benherst alias Beinersh The other where the inhabitants of the same Hundred after such notice of any Robberie to them or some of them giuen or after huy and crie for the same to them brought shall make or cause to be made fresh sute and pursute after the offenders with horsemen and footmen according to the saide Statute of 27. Elizab. and where neuerthelesse the offenders or any or one of them shall not be apprehended within fortie daies after the Robberie committed 16 Two ioynt owners of a sumine of mony P. 24. El. Di. 370. which were robbed by felons vnknowen at A. in the Hundred of B. in the countie of C. brought their action against the inhabitants of the said Hundred of B. and declared that wheras huy and crie was leuied by them and notice there giuen and the felons were not appreheÌ„ded nor descried nor amends made within the six months according to the statute of Winchester whereunto the defendants viz. the inhabitants of the saide Hundred of B. pleaded in barre of the action that immediately vpon the huy and crie leuied they made fresh sute from the said Towne of A. where the robbery was committed thorow their other townes vnto the towne of D. which is next adioyning to the said Hundred and there huy and crie was giuen to the inhabitants of the saide Hundred â—â—rsute wil not serue â—â—thout apprehensioâ— of thâ—â—â—lonâ— or descrying theÌ„ But this maner of pursute was adiudged no excuse according to the meaning of the said statute of Winchester without apprehending or answering of the robbeâ—s or descrying of their names that they might be indicted and outlawed And in this case the plaintifes may ioyne in action because they were ioynt owners of the money But if the summes of money had béene seuerall and they had seuerall properties in them they would not haue ioyned in Action Arresting of him â—hat is pu sued by huy and crie 17 If a man be driuing of cattell and be pursued by huy and crie 29. Ed. 3. 39. the Shirifes Bailiffe or any other may arrest him and the cattell supposed to be stolen and commit them to the Towne where they be apprehended to answer to the King according to the Lawe though the man arrested be not of euill name suspicious nor a stranger in those partes nor indited For the Lawe doth giue that credite to huy and crie that euerie man is a sufficient Bailiffe and officer to apprehend him that is pursued by huy and crie and taken with the thing supposed to be stollen And therefore if one man doe leuie huy and crie vpon an other without cause both the one partie and the other shall be attached to answer it as disturbers of the Peace Appeales WHen a murder manslaughter rape burglarie robberie or other felonie is committed and that the offendor be he principall or accessorie is apprehended by huy and crie or by any other meanes and so by imprisonment or mainprise brought to his answer Or otherwise if he flée and escape when he is so discouered and knowen that Processe may be awarded against him by name to take him and bring him into the Kings court of his answer Then either the
forme as they should haue béene if they had béene indicted arraigned and found guiltie in the same Countie where such robberie or burglarie as is aforesayd was done or committed if it should appeare to the Iustices before whom any such felons or robbers should be arraigned by euidence giuen before them or by examination that the same felons or burglarers should haue béene put from their Clergie in case they had béene indicted arraigned and found guiltie in the same countie where the same robberies or burglaries were committed or done as in the same statute made in the safd fiue and twentieth yere among other things more plainely appeareth And where in the Parliament holden at Westminster St. 1. E. 6. 12 the fourth day of Nouember in the first yeare of the raigne of our Soueraigne Lord the King that now is it is ordayned and enacted amongst other things That no person or persons that before that time had béene or at any time hereafter should bée in due forme of law attainted or conuicted of murder of malice prepensed or of poysoning of malice prepensed or of breaking of any house by day or by night any person beeing then in the same house when the same breaking had bin or after that time should bée committed béeing put in feare or dread or of or for robbing of any person or persons in the high way or néere the high way or for felonious stealing of Horses Geldings or Mares or of felonious taking of any goods out of any Parish Church or other Church or Chappell or béeing indicted or appealed of any of the same offences and thereupon found guiltie by verdict of twelue men or should confesse the same vpon his or their arraignement or would not answer directly according to the lawes of this Realme or should stand wilfully or of malice mute should not bée admitted to haue or enioy the priuiledge or benefit of his or their Clergie or Sanctuarie but should bée put from the same And that in all other cases of Felonie other than such as be before mentioned all and singular person and persons which after the first day of March then next following should bée arraigned or found guiltie vpon his or their arraignement or should confesse the same or stand mute in forme aforesayd or would not answer directly in forme abouesayd should haue and enioy the priuiledge and benefit of his or their Clergie and the libertie and priuiledge of Sanctuarie in like manner and forme as hée or they might or should haue done before the foure and twentieth day of Aprill in the first yeare of the raigne of the sayd late King Henrie the eight as in the sayd Act made in the sayd first yeare among other things more plainely appeareth By reason of which article and clause contained in the sayd Act made in the sayd first yeare the sayd Statute made in the sayd fiue and twentieth yeare of the sayd late King which did put such felons and burglarers from their Clergie that doe such offence in one Countie and after are taken with the goods stollen in another Countie and there indicted arraigned and found guiltie was made void By reason whereof diuers and many persons that sithence the sayd first yeare haue committed such Robberies and Burglaries in one Countie and after haue béene taken with the manner in another Countie and there indicted arraigned and found guiltie haue had and enioyed their Clergie which they could not haue had in case the sayd Act made in the sayd fiue and twentieth yeare had stood in force to the great boldening and comfort of such offendors Stealing of goods in one County and carrying them into another Be it enacted St. 5. 6. E. 6. 10. That the sayd Act made in the sayd fiue and twentieth yeare touching the putting of such offendors from their Clergie and euerie article clause and sentence contained in the same touching Clergie shall from henceforth touching such offences to be committed and done stand remaine and be in full strength and vertue in such manner and forme as it did before the making of the sayd Act made in the said first yeare of the raigne of our said Soueraigne Lord that now is any clause article or sentence comprised in the said Act made in the said first yeare to the contrarie thereof notwithstanding This Statute of 5. 6. Ed. 6. doth not reuiue the whole before rehearsed Statute of 25. H. 8. béeing before repealed by the last braunch of the before specified Statute of 1. Ed. 6. 12. but reuiueth onely so much thereof as concerneth the stealing of goods in one Countie and after carying them into another Countie as it appeareth by the words of the same Statute And neither the sayd Statute of 25. H. 8. nor this Statute of 5. 6. Ed. 6. doe extend to Appeales but onely to Indictments so that in an Appeale brought in the Countie whither the goods robbed or spoyled were carryed if the defendant be conuict thereof the defendant may haue his Clergie at this day 27 By a Statute made Anno 5. 6. E. 6. St. 5. 6. E. 6. 9. it was rehearsed and established That whereas at the Parliament holden at Westminster by prorogation anno 23. H. 8. St. 23. H. 8. 1 it was then and there among other things ordained That no person or persons which after that time should happen to be found guiltie after the lawes of this Realme for any manner petit Treason or for any wilfull murder of malice prepensed or for robbing of any Churches Chappels or other holy places or for robbing any person or persons in their dwelling houses or dwelling places the owner or dweller in the same house his wife his children or seruants then being within and put in feare or dread by the same or for robbing of any person or persons in or néere about the highwayes or for wilfull burning of any dwelling houses or barnes wherein any graine or corne shall happen to be nor any person or persons being found guiltie of any abetment procurement maintaining or concealing of any or to any such Petit treasons murders or felonies should from thenceforth be admitted to the benefit of his or their Clergie but vtterly to be excluded therof suffer death in such maner and forme as they should haue done for any the causes or offences abouesaid if they were not Clerkes such as be within the holy orders that is to say of the orders of Subdeacon or aboue all only excepted as by the same act among other things more plainely appeareth the which act was made to endure vntill the last day of the next parliament and after that at the Session of the parliament holden at Westminster by prorogation in the 32. St. 32. H. 8. 3 yeare of the raigne of the said late king the same act with other acts was made to continue for euer Sithence the making of which statute it hath béen doubted that if such robberies and
condemned and which be fugitiue wheresoeuer they bée found And if they haue any freehold it shall bée forthwith seised into the Kings hands and the King shall haue the profits thereof by the space of a yeare and a day and the land shall bée wasted and destroyed in the houses woods and gardens and in all things belonging to the same except men of certaine places priuiledged And after the King hath had the yeare day and wast the land shall bée restored to the chiefe Lord of the same fee vnlesse that before he redéeme the same yeare day and wast of the King by the paiment of a fine But there is a custome in the Countie of Glocester that after a yeare and a day the lands and tenements of Felons in that Shire shall reuert and be restored to the next heire to whom they ought to haue discended if the felonie had not béene committed And in Kent in Gauelkind the father to the bough the sonne to the plough there all the heires males shall diuide their inheritance and likewise women but women shall not make partition with men 33 By force of which stat of Praerogatiua Regis The yere day and wast of lands of what title shal be forfeited euer sithence that time the King hath had all the thrée things aforesaid viz. the yeare the day and the wast of the lands of him which was attainted of felonie as one of the prerogatiues annexed to the Crowne in all cases where the felon had such an estate in his land Bracton de Corona cap. 13. that he might forfeit the same after his death and that hee himselfe might lawfully haue made wast in the same without being impeached therefore And therefore if the felon be but tenant for the terme of life or for the terme of yeares of lands the king shall not haue the yeare day and wast of them after the felons death for then he might wast another mans inheritance But if a man that is seised of lands in the right of his wife do commit felonie and is attainted thereof the king shall haue the profits of the land during the husbands life if the wife doe liue so long Fitz. Cor. 327. And some doe affirme that the king shall haue the yeare day and wast of the said wiues lands after the felons death because the felon during his life might haue committed wast therein and for that the felon had such an estate in his wiues lands that by the common law he might in his life haue made alienation of them and driuen his wife to her Cuiin vita to haue recouered them But that séemeth to be helped if any such law were before by the Statute of Anno 32. H. 8. where it is ordained That no fine feoffement or other act made suffered St. 32. H. 8. 28 or done by the husband onely of any lands tenements or other hereditaments being the inheritance or fréehold of his wife during the couerture betwéene them shall in any wise be or make any discontinuance thereof or be preiudiciall or hurtfull to the said wife or her heires or to such as shall haue title interest or right to the same by the death of such wife But the same wife or her heires and such other to whom such right shall appertaine after her decease shall and may then lawfully enter into such lands c. according to their rights and titles therein notwithstanding such fine feoffement or other act fines leuied by the husband and wife whereunto the said wife is partie and priuie only except By which Statute the wife after the death of her husband may enter into her owne land notwithstanding any attainder forfeiture or other act done by her husband No yere day and wast of lands holden by ioynt purchase 34 A man seised of land in fée simple holden of a common person did infeoffe thereof the husband and wife and their heires the husband committed felonie and was attainted thereof the King seised the land into his hands for his yere day and wast and after the Kings said terme expired 4. E. 3. 47. the Lord of the fée of whom the same land was holden did sue in the Chauncerie to haue the same land restored to him to whom by warrant the Escheator did deliuer the same lend vpon whose possession the wife of the felon attainted did enter and the said Lord of the fée reentred vpon her whereupon the sayd woman brought an Assise against the sayd Lord and recouered the land Because the fée simple of the same land being in the wife by reason of the ioynt purchase with her husband the K. ought not to haue had the yeare and day after the felons death nor the Lord of the fée the land after by Escheat 35 If tenant in tayle Tenant in tayle generall or speciall or tenant in franke mariage of land do commit petit Treason or Felonie and is attainted thereof and executed the King after his death shall neither haue the yeare day or wast in the felons land nor the Lord of the fée shall haue the land by Escheat but after the felons death the same land shall discend reuert or remaine secundum formam doni to the next heire in tayle of the felon or to him in the reuersion or remainder thereof for in this case the felon was in effect but tenant for the terme of his owne life and thereby could not forfeit a greater estate in his land than that which he had And in in like sort if he that hath land by fresh disseisin or is tenant in fee farme of land A disseiser Tenant in fée farme A mortgagée vpon condition to pay the vttermost yearely value thereof or hath land in Mortgage to be redeemed by the Mortgager vpon condition of payment of money or other condition doth commit petit treason or felonie and is attainted thereof the King shall not haue the yeare day and wast for that would tend to the preiudice of others not partie to the offence who haue or may haue a better right and title to the same lands than the felon attainted Fi. Cor. 310 36 If a man that is owner of land in antient demesne Tenant in antient demesne which hee may sell without consent of the Lord doe commit petit Treason or Felonie and is attainted thereof the King shall haue the yeare day and wast notwithstanding that he hath vsed to surrender the land into the Lords hands by a rod in the Court vpon euerie alienation thereof But if he be owner of the land in auntient demesne of a base tenure it is otherwise Fitz. Cor. 290. 37 A man that tooke a Church for felonie escaped and the towne pursued The yere day wast without attainder and killed him because he would not yéeld himselfe and this matter was presented before the Iustices in Eyre and they adiudged that his goods and the profits of his lands
nothing for that they be discharged of their charge and seruices which they did hold by which was as much as they receiued of the tenant perauaile And if they held of the King by lesse rent than their tenant perauaile held of them they shall haue the surplusage of that which was holden of them of the king by the way of petition Fitz. Assise 124. Fitz. Petition 19. And if the king doe not kéepe the land so escheated vnto him in his hands but will assure it to another hée must reuiue the tenure in the Mesne Lord to hold of them of whom it was holden before the attainder It appeareth by the statute of Praerogatiua Regis cap. 12. That the Kings and whole Court of Parliaments meaning was at that time when it was published and established by Parliament which were the Prerogatiues royall annexed to the Crowne of England by the common law That of such lands as did escheat to the King the seruice of the Lord of the fée should be reserued for the words of the Statute bee these viz. St. 17. Ed. 2. 12. The King shall haue escheat of the lands of Normans to whose sée soeuer they belong Sauing the seruice appertayning to the chiefe Lordes of the same Fée And King Henrie the third gaue the Escheates of Normans landes to bee holden of the chiefe Lordes of the Fee by Seruices and Customs due and accustomed thereunto Some of which Normans dwelling in Normandie at that time had lands in England and were subiects to the King of England and did forsake their obedience to the King of England and became subiects to the K. of Fraunce the King of Englands enemie and therby did forfeit those lands which they had in England by the common law and they did escheat to the king 48 In Petit Treason Who shal haue the forf in petit treason and felony and Felony the king shal not haue the escheat of the offendors land vnlesse it be holden immediatly of him but the king shal haue the profits of the said offendors land by the space of a yeare and a day and the land shall be wasted and destroyed in the houses woods and gardeins and in all things belonging to the same and then it shall bee deliuered to the chiefe Lord of the fée of whom the same land is immediatly holden And yet in some cases the King shall haue the forfeiture of the land of him which doth commit Petit Treason or Felonie though the land be holden of others and not of him St. 17. E. 2. 14. as it appeareth by the Statute of Praerogatiua Regis which hath ordained That the king shall haue the escheates of lands of Archbishops and Bishops fréeholders when such tenants be attainted of Felony committed in time of vacation whilest their temporalties were in the Kings hands to bestow in what sort it shall please him Sauing to such Prelats the seruice that to them is due and accustomed And therefore sauing in the cases aforesaid the mesne Lords of whom the lands be immediatly holden shall haue their escheats of their fréeholders lands that haue committed Petit Treason or Felonie which land after the King hath hath had the yere day and wast thereof they must haue deliuered vnto them out of the kings hands by suing out of a writ S. Br. 39. 49 If any stranger The Lords remedy for lands escheated vnto him or other sauing the King doth intrude into that land whereof the felon attainted was seised at the time of the felony committed the immediat Lord of the fée of whom the same land is holden may enter vpon him and put him out or else he may haue his writ of Escheat against him In the which writ he must rehearse the iudgement giuen against the person attainted viz. if he were attainted by outlawrie to alledge Eo quod praedictus A. feloniam fecit pro qua vtlagatus fuit and if he were attainted by abiuration to say Pro qua regnum nostrum abiurauit and if he were attainted by confession or verdict to say Pro qua suspensus fuit and if hee doe alledge one of those iudgements Fitz. Escheat 14. Fitz. Escheat 8. Fitz. Escheat 6. in the stead of another his writ shall abate And yet he néed not rehearse the manner of the felonie in his writ nor in his count but generally that he committed felonie And though there be error in the iudgement yet the Lord shall haue a writ of Escheat and the tenant shall not falsifie the iudgement by the errour 46. E. 3. 4. 50 Island escheat to the auncestor The heirs remedie for land escheated to his auncestor because his tenant was attainted of felonie and the auncestor dyeth before he doth bring his writ of Escheat or doth enter In this case the heire may haue a writ of Escheat and suppose that the partie attainted did hold of his auncestor Fitz. Escheat 17. 51 If a lease of land be made for the terme of life reseruing to the lessor a rent and the lessor payeth his seruices to the chiefe Lord and then the lessor is attainted of felonie Where the Lord shall haue his writ of Escheat and where he may enter and after the tenant for terme of life dyeth In this case the Lord paramount may haue a writ of escheat of the land for the rent which was reserued vpon the lease doth come in stead of the land and so in the consturction of law he died seised of the land But if no rent had béen reserued the Lord might haue entred into the land as escheated vnto him 6. H. 7. 9. but could not haue recouered it by a writ of Escheat no more than if his tenant being disseised had bin attainted of felony in which case his only remedy is to enter The forme of a 〈◊〉 of Escheat 52 This is the forme of the writ of Escheat Rex vicecomiti B. salutem Praecipe A. quod iuste sine dilatione reddat B. decem acras terrae cum pertinentijs in N. quas C de eò tenuit quae ad ipsum B. reuerti debent tanquam Escaeta sua eò quod praedict ' C. feloniam fecit pro qua suspensus fuit vt dicitur Vel pro qua vtlagatus fuit vt dicitur vel pro qua regnum abiurauit vt dicitur Et nisi c. And though the indictment was executed in other maner than is rehearsed in the writ yet the writ shall not abate Register fo 165. as if he were Decapitatus non suspensus for the execution of the iudgement is not material so that he had such a iudgement for the action is true though the writ be not true The K. remedie for land escheated to him 53 In all cases of felony if the king ought to haue the escheat he must haue an office found for him before he can enter for vntill the office found the king hath but a