23. b. 27. a. One stabbed not having weapon drawn 1. Jac. 4. To kill an officer known in executing processe Dal. ibid. To kill an unknown officer if he shew his warrant and if an officer hath the Kings writ or lawfull warrant though it be erronious and slain in executing it is murder Dal. 209. Lam. 240. To kill any magistrate or minister of justice in executing his office or in keeping the Peace Dal. 209 210. Cro. 25. b. A rioter killeth an officer or an assistant coming to suppresse a riot Dal. 210. Cro. 23. b. it is murder in all the rioters A constable parting an affray or any of his company coming to aid him although it was suddenly and in the night Dal. 210. Cro. 25. a. A thief killing a true man in resisting is murder of malice prepensed Dal. 210. Cro. 21. a. Lam. 241. 1 A man carried his sick father into the frost whereby he died Dal. 210. Lam. 240. 2 An harlot hid her childe and covered it with leaves and a Kite strook it and killed it Dal. 210. Lam. 240. 3 The owner knoweth his beast to be accustomed to hurt and doth not tie him up and after the beast killed a man Lam. 239. In these three cases voluntas reputabitur pro facto for it sheweth that they had a will to hurt and the will doth amount to malice Dal. 210. and so to murder One having malice against another assaulteth that other and after flyeth to the wall and then killeth that other it is murder Lam. 239. One condemned to die is killed by a private person without warrant or by the officer contrary to the judgement it is murder Lam. 240. Prisoner killed by his goaler by over hard keeping it is murder One commandeth his servant to beat a man who beateth him so that he dieth thereof it is murder in the commander Dal. 212. murder in both Lam. 24. if it be in the commanders presence Many come to do an unlawfull act and one in doing thereof killeth a man it is murder in all although they did but look on Dal. 212 249. Cro. 22. a. 24. b. Lam. 241. Stam. 40. If they be not present yet if they be in the same house or upon the same ground it is murder in all Dal. 212. Cro. 25. a. Lam. 241. All present and aiding abetting or comforting another to do murder are principalls Dal. 171. 213 249. Cro. 22. a. Lam. 243. Two appoint the field and meet and bring companie with them and one of them is slain it is murder in all that came Dal. 213. Murder is intended to one and he killeth another it is murder Lam. 243. Dal. 212. A woundeth B in fight and after they meet suddenly and fight if B kill A it is murder for it is intended malice upon the former hurt but if A kill B it is but manslaughter for the hurt did appease his former malice Dal. 211. Lam. 251 238. Two in suit meet and quarrell and the defendant killeth the plaintiffe quaere if it be murder Dal. 211. Two fight upon malice and one of them killeth one that came to part them it is murder in both Dal. 212. Lam. 242. The owner rebuked one stealing his pears who killed the owner it was adjudged murder Dal. 212. Cro. 24. a. Lam. 241. Poisoning of another wilfully whereby he dieth is and was murder by the common law Dal. 211. The partie poisoned must die within a yeare and a day after receiving of the poison Dal. 213. After the beating or hurting another to make murder or other homicide the yeare and the day is reckoned from the stroke given Dal. 213. Cro. 25. b. An appeal hath relation to the death ibid. A woman delivered of a bastard endeavouring privately either by drowning or by secret burying to conceal the death thereof as that it may not come to light whether it were born alive or dead but be concealed shall suffer death as in case of murder except she make proof by one witnesse that the childe was born dead Justices of Peace may take Enditements of murder as of murder Lam. 493. Musters Convicted before the Justice of Peace for offence against the statute of musters shall be imprisoned 10 dayes without bail unlesse he pay the forfeiture being 40 shill which is for absence without reasonable excuse or not shewing his best furniture being commanded 4 5 P. M. 3. Lam. 349 482. The partie that sueth upon the statute of musters is to recover the forfeiture belonging unto him by action or bill of debt ibid. Lam. 583. Name THe names and sirnames of the partie indicted must be certainly expressed and if the indictment be of an accessarie in felonie the name of the principall must be set down also Lam. 488. Nets vide Hunting Partridges and Phesants News Contriver speaker or teller of false or counterfeit news whereof discord c. may arise betwixt the King and his Nobles or any other false news lies or other false things of Prelates Dukes Earls and Barons c. whereof discord and slander may arise within the Realm shall be imprisoned till he finde out the authour and if he cannot finde him shall be punished by the advice of the Councel West 1. E. 3. 4. 2. R. 2. 5. 12. R. 2. 11. 1. 2. P. M. 3. Next Justice Where the 13 H. willeth the Justice of Peace most nigh in every Countie where such riot or rout shall be to do execution of the statute under pain of 100 pound if any other Justice that be not next unto the place shall execute the statute it will excuse the next because all have power alike by the first part of the stat Lam. 326 327. Dal. 8. 6. P. R. 30. Night-walkers vide Watches Noble Personages A Noblemans promise to keep the Peace hath been held sufficient Dal. 131. Lam. 81 82. A Iustice of Peace may not grant warrant of the Peace against a Lord of the Parliament Dal. 132. Nor against a Dutchesse Countesse or Baronesse for they are Peers of the Realm and shall be tryed by their Peers and have the same priviledges that Dukes Earls and Barons have Dal. 132 133. Dutchesse Countesse or any noble by birth marrieth with a gentleman she loseth not her name of dignitie Cro. 110. a. Dal. 133. Quaere Vide Clergie that a Nobleman may have his Clergie for any felonie except wilfull murder and poysoning Non sanae memoriae There be 3 sorts of persons Non sanae memoriae or non compotes mentis 1 A naturall fool who is so from his birth 2 He that was once of sound memory and after by sicknesse hurt or other accident or visitation of God loseth it 3 A lunatick qui gaudet lucidis intervallis and sometimes is of good understanding and sometimes is not compos mentis Nusans Every man may in a peaceable manner assemble meet company to do any lawfull thing or to remove or cast down any common nusans Dalt 194. Cro. 66. a. Obedience
an offender in a Forrest Park or Warren after hue and crie to keep the Peace if they yeeld not themselves or flie or defend themselves by violence is no felonie Dal. 222. Quaere if there be no malice in the keeper Cro. 30. b. It is justifiable by me my servants or companie to kill one who attempteth feloniously to murder or rob me in my dwelling house or in or neare a high-way horse-way or foot-way or burglarily to break my house in the night Dal. 220. Cro. 27. Vide Lam. 249. of one entring by force in the day and killing in the dark To shoot at him that cometh to burn my house is justifiable in me or my servants Dal. ibid. Cro. ibid. In defence of the possession of my goods I may justifie to beat him that wrongfully taketh them but not kill him except he be a thief Dal. 224. To kill a true man in defence of house land or goods is manslaughter Dal. ibid. Cro. 20. b. Involuntarie homicide is by misadventure necessitie By misadventure is when a man doing a lawfull act without any evil intent killeth a man this is not felonie of death but he shall have his pardon of course for life and lands but forfeiteth his goods Dal. 216. A schoolmaster father mother or master correcting moderately his scholer childe or servant Shooting at pricks buts or lawfull mark A workman casting tyle timber or stone from a house or any thing from a cart and giving warning or doing other lawfull thing and giving warning Running at Tilt or fighting at Barriers by the Kings command The killing of a man in doing of an unlawfull act without evil intent is felonie as shooting arrows casting stones into high-wayes or other place whither men usually resort Dal. 217. Fighting at Barriers or running at Tilt without the Kings command Quaere if playing at hand-sword bucklers foot-ball wrestling and such like whereby a man is slain or receiveth hurt and dieth within the yeare and day be felonie of death or may have their pardon of course Quaere similiter of casting a stone at bird or beast A man may be slain by the fall of a house or tree c. and killed by a bull bear horse dogge c. or by some fall which he taketh Dal. 218. if it be through the wilfull default of another it is felonie The thing which causeth the death is a Deodand and so forfeited to the King Dal. 218. Cro. 31. a. The forfeiture hath relation from the stroke given Deodands are not forfeited till the matter is found on record Dal. 218. The Jury which findeth the death of a man must finde and apprize the Deodand It behoveth the town to see it forthcoming for the Sheriffe shall be charged with the price and shall levy the same on the Town Dal. ibid. If the slain be under 14 yeares of age nothing is forfeited as a deodand Dal. 218. Homicide by necessitie is Commanded Tolerated An officer doth execution after judgement according to his warrant it is not properly homicide but justice Dal. 219. Lamb. 234. If the officer doth not observe order of law it is felony in the officer Dal. 219. Lamb. 24. One warranted to arrest one endited of felony upon resistance killeth him Dal. 219. Ed. 3. a. Lam. 232. Every private person upon hue and cry to take a felon if he resist and will not yeeld may kill him Conducters of a felon to the Goal upon resistance or fight may kill him Dal. 220. A prisoner in the Goal attempteth to escape and striketh the Goaler he killeth the prisoner it is not felony ibid. Riotters forcible enterers or detainers that shall resist the Justice of Peace or other the Kings officers and will not yeeld themselves being slain it is no felony Dal. 220. Cro. 23. 30. b. 158. Lam◠215. If an officer by vertue of the Kings processe arresting one for debt or trespasse is resisted and killeth the resister it hath been taken to be no felony Dal. 220. Cro. 24. a. 30. b. Quaere In all these former cases there must be inevitable necessitie that the offender could not be taken without killing Dal. 220. Horses and Mares Any Iustice may heare and take the claim of the owner of any horse c. which was stollen within six moneths after the sale thereof the proof to be made by two witnesses upon oath within two dayes next ensuing the said claim Dal. 56. Lamb. 203. Elis 12. The Iustice of Peace may minister an oath to the buyer what money he paid bonâ fide so as the right owner repaying his money may have his horse again Dal. ibid. Owner officer or ruler of any faire is to appoint an open place for sale of horses c. and a sufficient person to take toll or lose 40 shill for every fault and answer the party grieved 2. 3. P. M. Lamb. 71. The sale of every horse not being according to the statute in every point is void Dal. 56. Lamb. 412. 1 The horse must be one houre at the least in the place of the open faire 2 All the parties to the bargain being in the faire must come with the horse to the book-keeper 3 The book-keeper must take perfect knowledge of the seller and of the voucher of the Christian name sirname mysterie and place of dwelling 4 The voucher must know the seller indeed and declare to the book-keeper the Christian name sirname mysterie and dwelling aswell of himself as of the seller 5 The book-keeper must make a true and perfect entry of the sellers name and place of dwelling c. and of the true price forfeiture 31. El. 12. Every contract for a stollen horse out of the faire is void though it be after booked Dal. ibid. A sale in open market shall not take away the owners propertie the buyer knowing that it was anothers Dal. 56. All horses and all other goods are to be sold in such a place or shop as is commonly used for the selling of goods of the same kinde to alter the propertie Dal. ibid. A thief selleth a stollen horse by a false name and is so entred in the toll-book such misnaming maketh the sale void against the owner Dal. 73. Edit 1626. Horse-bread Inholder in a corporate or market Town where there is a common baker that hath been an apprentice therein 7 yeares may not make horse-bread within his house 32. H. 8. 41. 21. Jac. 21. Inholder or ostler in a through-fare town being no city town corporate or market town being a baker and one that hath been an apprentice therein 7 yeares may make horse-bread within his house 21. Jac. 21. The horse-bread must be sufficient lawfull and of due Assize according to the price of corn 21. Jac. 21. Penaltie 1 Fine 2 Imprisonment for a moneth without bayl 3 Stand in the pillory without redemption of money 4 Forejudged for keeping Inne again 21. Jac. 21. Vide Inneholder Hospitall The Bishop and Chancellour with 2 Justices of
masters of any such servants both to examine heare and determine all offences against the statute and set at large him that shall be imprisoned by the overseers and rulers if there be just cause and also by his discretion to punish those overseers and rulers if there be just cause as if they unjustly punish any person 2 3 Ph. M. 16. Lam. 203. Dalt 114. The offences against the statute are Dalt ibid. 1. No singleman shall be a waterman 2. One of the two rowing in one boat must be allowed by eight of the overseers by writing under seal 3. They shall not hide themselves in time of pressing for the Kings service 4. They shall not take for their fare above the price assessed and set up in tables in Westminster Hall Wax One Iustice of Peace may examine and search by his discretion such as do sell any candles or work of wax above foure pence cleare gain over the price of the wax and punish them by forfeiture of that which is to be sold and the value of that which is sold and fine to the King Dalt 114. Lam. 296. 464. 11. H. 6. 12. Weapons which be forcible vide Forcible entrie Weeres Weeres in rivers may be survayed by one Iustice of Peace which he may cause to be made of a reasonable widenesse Lam. Any making weeres within five miles of the mouth of any haven or creek or by weeres destroying any frie of fish of the sea loseth 10 pound one moytie to the King the other to the informer 3. Jac. 12. Lam. 189. Weights and Measures Faults of the officer of Cities and Boroughs in not viewing and examining weights and measures twice a yeare to be heard and determined by examination and enquirie of two Iustices of Peace one being of the Quorum and by them to be fined and amerced and so of faults of buyers and sellers by other weights and measures then they ought to do 11. Hen. 7. 4. 12. Hen. 7. 5. Lamb. 356. Dal. 1◅ Two Justices of the Peace one of the Quorum may breake and burne such measures as they find defective and fine the offenders by their discretion and make processe against them as in trespasse 12. H. 7. 5. Lam. 356. Dalt 115. Maiors of Townes taking above a penny for sealing a bushell or other measure or for weights above a penny for a pound and a halfe a halfpenny for alone pound a farthing for a lesse weight lose 40. s. 1. Hen. 7. 4. Lam. 37. Dalt 122. Buying and selling by unlawfull weights or measures or in any City or Market with any weights or measures that are not lawfully marked or signed he loseth for the first offence sixe shillings eight pence and for the second 20. s. and Pillory 12. H. 7. 4 Lam. 460. To buy corne by heaped measure except on Shipboard or to use double measure the one to buy the other to sell with the first offence is sixe shillings eight pence the second thirteen shillings foure pence the third twenty shillings and Pillory 11. H. 7. 4. Lam. 460. Those of the Towne where the Kings Standard is appointed to remaine not having common weights and measures signed or not selling by the same to all that have required the same are to be fined and amerced 1. Hen. 7. 4. Lam. 460. Dalt 122. Vid. plus Vessels Witchcraft Invocation Conjuration consultation intertainment imploiment feeding or rewarding any dumbe spirit taking up of dead bodies or any part thereof to be imployed in Witchcraft or Charmes or using any manner Witchcraft whereby any person shall be killed or any part of them wasted or lamed and also the accessaries is felony without Clergy 1. Jac. 12. Lam. 415. By Witchcraft or Charmes to find out hidden treasures to tell where lost goods shall be found to provoke unlawful love to destroy or hurt any mans body or to attempt either of them two the first offence is one yeeres imprisonment without baile and to stand in the Pillory six houres every quarter of the same yeer confesse his offence the second is felony without Clergy 2. Jac. 12. Lam. 415. Triall of Noblemen upon the Stat. of 2. Jac. 12. of Witchcraft is to be by his Peeres Ibid. Attainder upon the stat 2. Jac. 12. of Witchcraft neither losse of Dowre nor corruption of Bloud 2. Jac. 12. Wines Wines brought in strange bottoms from France into any part of England except the Isle of Man and Wales forfeit the wines 27. El. 12. Lam 457. Any licensed to retaile wine selling above the prices limited by Proclamation lose 3. s. 6. d. for every Gallon 27. El. 11. Lam. 458. Any under a Barons sonne or 100. marks a yeer or 1000. markes in goods keeping to spend in his house any vessels of Gascoigne wine French or Rochel wine above 10. gallons loseth ten pounds 7. El. 6. 5. Lam. 433. Wood. VVood brought from France into any part of England except the Isle of Man Wales in a strange bottom forfeiteth the wood 27. El. 11. Lā 457. 458. Upon complaint of the Lord disagreement of the Lord his owners the fourth part of the Lords wood may be set forth by two Justices appointed by the greatest part of the Justices at their Sessions and not being of kinred or alliance to the Lord. 35. H. 8 17 13. El. 25. Lam. 359. Just in Qu. Sessions may call before them the owner of the wood and 12. of the Commoners to set out the fourth part Lam. 609. Ingrosler or Regrater of Barke forfeiteth the Barke 1. Jac. 22. Any selling of Barke meet to be barked before April or after June except for necessary building as repairing of houses ships mills lose the oake or double value 1. Jac. 22. Purveyors taking Timber for the use of the Kings ships or houses the owner may retaine all the Barkes lop and top and the Purveyor taking them loseth for every tree 40. shillings to the partie grieved 2. Jac. 12. Wooll and Wooll-seller Buyer of wooll of any other than the owner of the sheep lose the value 14. R. 2. 4. Lam. 428. Woollen-yarne Buyer of woollen-yarne and not making it into cloth loseth the value thereof 8. H. 6. 5 Lam. 452. Any sorter carder kamber spinster or weaver receiving wooll and yarne of any clothier or maker of stuffe and embezeling selling or detaining the same and the Receiver and Buyer knowing thereof upon conviction by confession or oath of one witnes before two Just of P. is to make such recompence to the party as the Just shall appoint and the offender being unable and refusing to doe it is to be whipt or stocked 7. Jac. 7. Women VVomen arraigned for felony may only for one time have the benefit of their belly Lam. 563. Just of Peace cannot award a Venire facias tot matronas to know whether a woman felon be with childe Taking away a woman against her will that hath land c. or is heire apparent not claiming her as ward and after marry or desloure her is felony without Clergy So of the procurers abettors and receivers knowing thereof 3. H. 7. 2. Lam. 421. A woman being delivered of a bastard child and borne alive that endevoureth privately by drowning secret burning or other way by her selfe or procuring of other to conceale the death thereof as that it may not come to light whether it were borne alive or dead shall suffer as in murder except she can prove by one witnesse that the child was borne dead 21. Jac. 27. Women convicted of felonious taking above 12. d. and under 10. s. being not Burglary or Robbery in or neere any high way nor taking of mony goods or chattels from the person of any privily or as accessary to any such offence wherin a man may have his Clergy shall for the first offence be burned in the hand and further imprisoned whipped stocked or sent to the house of Correction not above a yeer as the Justice before whom the conviction is shall thinke meet 21 Jac. 6. Dal 267. VVife and her husband are bound to appeare at the Sessions in the meane time to keep the peace The husband only appearing the Recognizance is not forfeited Dalt 146. Cro. 144. 6. FINIS