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
the Justices of Peace before whom it was taken into the Kings Bench within 40 dayes after if the term open if not then the first day of the next term or every J. lose 100 pound 5. Elis 1. Printer buyer seller or bringer from beyond the sea of any Popish Primer Lady Psalters c. in any language or other superstitious books in English loseth 40 shill a book whereof one part to the King another to the informer a third to the poore of the parish where the book shall be found 3. Jac. 5. Two Justices of the Peace may search the house or lodging of a Popish Recusant or whose wife is such for Popish books and reliques and finding any unmeet for them to use must deface and burn them or being of value deface them and restore them to the owner 3. Jac. 5. Poore People Traveller with wife and children not being a rogue dyeth or runneth away the Town where that happeneth is not bound to keep them nor send them away except they become wandring rogues Lamb. 208. Resol 7. Parents able to work are to finde their children by their â—…bour and not the parish Resol 8. None is to be removed out of the Town where he dwelleth or sent to the place of birth or last habitation but a vagrant nor found by the Town except he be impotent Resol 9. Persons destitute of houses by expiration of term or servants out of service must provide houses for themselves and services Resol 9. Dal. 75. Able bodies refusing to work and no wanderers are not to be sent to the place of birth or last habitation but to the house of correction Res 10. by such a Iust of P. as may appoint overseers for the poore 43. Elis 2. Dal. 71. Lamb. 209 295. Able bodies yet idle and refusing to work having any lawfull means to live by are not to be sent to the house of correction Res 10. It is fineable to remove or put any out of the parish who are not to be put out and such may be sent back Resol 11. None may take relief at any mans doore in the parish but by the appointment of the overseers nor beg in the high-wayes in their parish Res 15. Parsons vicars farmers or owners of impropriations colemines or saleable woods are to be charged with the relief of the poore Res 18 19. In default of an assesse made by the Church-wardens Constables and Parishioners of the Tax imposed upon them at the Easter-Sessions one Iustice dwelling in the parish or if none dwell there the next adjoyning Iust may rate the assesse in default of payment may levy the same by distresse Any Iustice of Peace may imprison without bayl and make sale of the offenders goods rendring to the party the overplus and in default of such distresse any Iustice of Peace may imprison without bayl such refuser untill he pay the same 43. Elis 2. Lamb. 294 295. Dal. 110. Bishop and his Chancellour and 3 I. of P. have power to examine how money for relief of the poore appointed by the statute is bestowed and to call to account the detainers thereof 14. Elis 5. 39. Elis 34. Lamb. 336. I. of P. proved before the Iudges of Assize by 2 witnesses to be in default of examination of the statute for the poore loseth 5 pound 14. Elis 5. Lamb. 372. Parents at the Q. Sessions appointed to keep their children or children their parents and have not relieved them at their own charges lose 20 shil a moneth 39. Elis 34. Lamb. 445. In disabilitie of the parish or hundred to relieve their poore the greater part of the Iustices at the Q. Sessions may rate any other parish or hundred thereto 39. Elis 3. 43. Elis 2. Lamb. 611. Beggers children at the Q. Sessions may be bound to serve any subject in an honest calling 14. Elis 5. 18. Elis 3. Lamb. 614. Performance or not performance of so much of the statute of 14. Elis 5. for the poore as is not repealed by 39. Elis 3. or 43. Elis 2. is to be yearely examined at Easter-Sessions 14. Elis 5. Lam. 620. Overplus of the stock for maymed souldiers is to be imployed by the greater part of the Iust at the Q. Sessions to such charitable uses as are set down in the statute for the poore except by them it be reserved for future pensions 43. Elis 3. Young children the parents being dead are to be set on work and relieved by the Town where they dwelled at the death of their parents and not sent to the place of their birth Dal. 75. The Iustices may compell such as be of abilitie to take poore children apprentices and may binde such masters refusing over to the next goal-delivery so said Sr. Henry Montague at Cambridge Assizes 1618. and the statute of 43. Elis 2. seemeth to warrant as much the words whereof are to this effect It shall be lawfull for the Churchwardens and overseers or the greater part of them by the assent of 2 I. of the P. to binde any such children to be apprentices where they shall see convenient cause Dal. 92 93. or the Churchwardens or overseers with the assent of 2 such Justices may impose a competent summe of money upon such refuser for putting out such an apprentice and upon refusall to levy it upon the Justâ—… of Peace his warrant by distresse and sale of the offenders goods Dal. 93. Edit 1626. If the parents without good cause shewed refuse to suffer their children to be apprentices the Justice may binde them over to answer their contempt if the childe refuse send him to the house of correction quousque c. Dal. 93. A master putteth his apprentice into apparell he cannot take it away though he part with the apprentice Dal. 93. Edit 1626. If after the death of A another man abateth or entreth into his house forcibly before the heire of A hath gotten any actuall possession indeed the heire of A shall have no restitution because he had a possession in law onely Lam. 153. Dal. 44 185. Two Justices of Peace one being of the Quorum may send to the house of correction or goal such as imploy not themselves to work being appointed 43. Elis 2. Power of the County Information of a not is a sufficient cause to raise the power of the county though indeed there were none Lamb. 315. Dal. 88 89. Cro. 62 64. b. Power of the county is raised without knowledge or information of a riot if when they come they finde one it is lawfull and they may proceed to punish it Lamb. 316. Dal. 88 89. Cro. 62 64. b. Power of the county in suppressing a riot vide Riot The Justice of Peace Sheriffe or undersheriffe in levying power of the county may have the aid of all the Knights other temporall men under this degree that are above the age of 15 and able to travell upon pain of imprisonment fine and ransome to the King Dal.
traverse the presentment as a leet of bloudshed Lam. 542. The Court may award processe ad respondendum upon an enditement and may take a traverse of it Lam. 543. Presentment of bloudshed found in the Sheriffs turn and sent to the Iustice of Peace cannot be traversed before them Lam. 542. One of the enquests presents himself it is not traversable Lam. 543. Travelling beyond the seas Officer of Ports or owner of a vessell suffering any woman or childe under 21 yeares of age except Saylers shipboyes Apprentices or Factors of Merchants in their trades to go or carying any of them beyond sea without license of the King or six of the Privie Councell under their hands such Officer of the Ports forfeiteth hâ—… office and all his goods and the master of the vessel his vessell and imprisonment without bayl for 12 moneths and loseth also all his goods 1. Jac. 4. Any subject going beyond the feas to serve any forrain State not taking the oath of alleageance before the Controller or Customer of the Port or either of their deputie or deputies before his going shall be a felon the oath by them to be registred and certified into the Exchequer once every yeare or lose 5 pound for every oath not certified 3. Ja. 4. Any Gentleman or of an higher degree or Captain or other Officer in the army before his going beyond sea to serve any forrain Prince or State must be bound by the Controller or the Customer of the Port with two sureties allowed by the Officer unto the King in 20 pound with condition not to be reconciled to the Pope nor to practise any thing against the King but knowing any thing to reveal it the same bond to be by them registred and certified into the Exchequer once every yeare or lose 5 pound for every default 3. Jac. 4. Children not being Souldiers Mariners Merchants Apprentices or Factors going beyond sea without license of the King or six of the Privie Councell whereof the principall Secretary to be one under their hands and seals shall take no benefit by descent or otherwise of any lands leases goods or chattels untill he or they being 18 yeares old or above take the oath of Alleageance before one Iustice of Peace of the County where the parents dwelt or dwell And in the mean time the next of kinne being no Popish Recusant to enjoy them till he shall conform to take the said oath of Alleageance and receive the Sacrament of the Lords Supper and then to accompt to him for the mean profits and in reasonable time to make payment thereof And the senders lose 100 pound one third part thereof to the King another to the suitour another to the poore 3. Jac. 5. Vide Transportation Traveller Innekeeper or Alehouse-keeper refusing to lodge a traveller Iustice of Peace or Constable may compell him Quaere how viz. to present the offence at the Assises or Sessions Dalt 25. Sr. James Lee delivered that the Innekeeper or Alehouse-keeper may for the same be endited fined and imprisoned or the party grieved might have his action Dalt 28. Ed. 1626. Treason Treason is a grievous offence done or committed against the King in his person the Queen his wife his children Realm or authoritie Dalt 198. As To compasse the death of the King Queen his wife or of their eldest sonne and heire or to intend any of their deaths though it be not offered Dalt 198. To deflowre the Kings wife his eldest daughter being unmarried or his eldest sonnes wife Dalt 198. To levie warre against the King in his Realm Dalt 198. To conspire to levie warre against the King Dalt 198. To conspire with a Governour of another countrey to invade the Realm Dal. 198. To kill one that is sent on the Kings message Dalt 198. To encounter in fight and kill such as be assisting to the King in his warres or come to help the King ibid. To aid the Kings enemies in his Realm Dalt 199. To counterfeit the Kings great seal signet manuall Privie-signet or Privie-Seal Dalt 199. To take an old seal and put it to a new patent quaere whether treason or misprision Dal. 199. And so of those that without authoritie set the Kings seal upon any writing or fraudulently thrust a writing amongst others to seal and so get it fealed Dal. 199. To counterfeit the Kings coin or any coin currant within the Realm Dal. 199. To bring in any false money knowing it to be false Dal. 199. If he which hath the Kings warrant to coin doth coin money in England Ireland or elswhere lesse in weight then ordinarie or coineth false metall Dal. 199. All counsellers procurers consenters or aiders of any the forenamed treasons are within purview of the statute of 25 Elis for in treason all offenders are principall ibid. To kill the Kings Chancellour Treasurer Justice in Eyre of Assise of Oyer and Terminer being in his place and doing his office is high treason Dal. 199. To extoll the authoritie of the Bishop of Rome within any of the Kings dominions and the procurers counsellers aiders and maintainers thereof the first offence is Praemunire the second treason 1. Elis 15. 5. Elis 1. Dal. 100. Lam. So to bring over any books that shall maintain set forth or defend such authoritie and the readers and hearers that shall justifie them Dalt 200. So deliverers of such books to others with allowance and liking of the same Dal. 200. So the printers and utterers of such books be all within the meaning of the statute 5. Elis 1. Dalt 201. Refusing the oath of Supremacie the first offence is Praemunire the second offence treason 5. Elis 1. Dal. 201. Lam. To obtain from Rome or by any authoritie from thence any Bull or writing to absolve and reconcile such as wil forsake their obedience to the King and yeeld it to the Pope or give or take absolution by colour of such Bull or publish or put in ure such Bull. 13. Elis 2. Dal. 201. To absolve perswade or withdraw any subject from their obedience to the King or to reconcile them to the Pope or to draw them to the Romish religion for that intent or move them to promise obedience to any other state or procure counsell or aid them that do it is Treason 23. Elis 1. 3. Jac. 4. Dalt 201. Lam. To be wilfully absolved perswaded withdrawn or reconciled to promise such obedience or to procure counsell aid and maintain the same except within six dayes after their return into the Realm they submit according to the statute 3. Jac. 4. Dalt 201. For Jesuite Priest or other Ecclesiasticall person made by authoritie from the Pope to come into or remain in any of the Kings dominions contrary to the statute 27. Elis 2. is Treason To compasse the death of an usurper of the Crown is Treason for which the offender may be arraigned in another Kings time Dalt 122. To intend to deprive depose or disinherit the King or say he
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