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A80293 The Compleat justice. Being an exact and compendious collection out of such as have treated of the office of justices of the peace, but principally out of Mr. Lambert, Mr. Crompton, and Mr. Dalton. / Now amplified and purged from sundry errors which were in former impressions thereof. ; Whereunto are added the resolutions of the judges of assises in the year 1633. ; Together with a compendious charge to be given at the quarter-sessions, not in print till this year 1661. 1661 (1661) Wing C5644A; ESTC R174206 192,009 409

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Jac. c. 4. Any subject going beyond the seas to serve ●ny forein State not taking the oath of al●egeance before the Controller or Customer of the Port or either of their deputy or depu●ies before his going shall be a selon the ●ath by them to be registred and certified in●o the Exchequer once every year or lose 5 l. or every oath not certified 3 Jac. c. 4. Any Gentleman or of an higher degree or Captain or other officer in the army before ●is going beyond sea to serve any forein ●rince or State must be bound by the Con●roller or the Customer of the Port with two ●●reties allowed by the Officer unto the King ●●o pound with condition not to be recon●iled to the Pope nor to practise any thing ●gainst the King but knowing any thing to ●eveal it the same bond to be by them regi●●red and certified into the Exchequer once ●very year or lose 5 pound for every default ● Jac. c. 4. Children not being Souldiers Mariners Merchants Apprentices or Factors going beyond sea without licence of the King or six of the Privy Councel whereof the principal 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 years old or above take the oath of Allegeance before one Just of Peace of the County where the parents dwelt or dwell in the mean time the next of kin being no Popish Recusant to enjoy them till he shall conform to take the said oath of Allegiance 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 to the King another to the suer another to the poor 3 Jac. c. 5. Vide Transportation Traveller Inne-keeper or Alehouse-keeper refusing to lodge a traveller Justice of Peace or Constable may compel him Quaere how viz. to present the offence at the Affizes or Sessions Dal. 28. Br. Action sur le case 76. S●r James Lee delivered that the Inne-keeper or Alehouse-keeper may for the same be indicted fined and imprisoned or the party grieved might have his action Dal. 28. Treason Treason is a grievous offence done or committed against the King in his person the Queen his wife his Children Realm or authority Dal. 227. As To compass the death of the King Queen his wife or of their eldest son and heir or to intend any of their deaths though it be not effected Dalt 227. To deflowre the Kings wife his eldest daughter being unmarried or his eldest sons wife Dal. 228. To levy war against the King in his realm Dal. ibid. Br. Treason 24. To conspire to levy war against the King Dal. ibid. To conspire with a Governour of another country to invade the Realm Dal. ibid. To kill one that is sent on the Kings message Dal. ibid. So encounter in fight and kill such as be assisting to the King in his wars or come to help the King Dal. ibid. To aid the Kings enemies in his Realm Dal. 228. To counterfeit the Kings great Seal Sign-Manuel Privy-signet or Privy Seal Dalt 229. To take an old seal and put it to a new patent quaere whether treason or misprison Dal. ib. Sta. 3. C. Br. Treas 3. And so of those that without authority set the Kings seal upon any writing or fraudulently thrust a writing amongst others to seal and so get it sealed Dal. ibid. To counterfeit the Kings coin or any coin current within the Realm Dal. 229. To bring in any false mony knowing it to be false Dal. 229. 1 2 P. M. cap. 3. To clip wash and lighten or falsisy any coin current within the Realm Dal. ibid. To coin mony not having authority Dal. ibid. If he which hath the Kings warrant to coin do coin mony in England Ireland or elsewhere less in weight then the ordinance or coineth false metal Dal. 229. Br. Treas 19. All counsellers procurers consenters or aiders of any the fore named Treasons are within the parview of the Statute 25 Ed. 3. for in treasons all offenders are principal Dal. 230. Counterfeiting gold or silver not the proper coin of this Realm is misprision of treason 14 El. c. 3. To kill the Kings Chancellour Treasurer Justice in Eyre of Assize of Oyer and Terminer being in his place and doing his office is high treason Dal. 23● To extol the authority 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 El. c. 1. 5 El. c. 1. Lam. 411. Dal. 231. So to bring over any books that shall maintain set forth or defend such authority and the readers and hearers that shall justifie them Dalt 231. So deliverers of such books to others with allowance and liking of the same Dal. ibid. So the printers and utterers of such books be all within the meaning of the statute 5 El. c. 11. Dal. ibid. Refusing the oath of Supremacy the first offence is Praemunire the second offence Treason 5 El. c. 11. Dal. 205. Lam. 410 To obtain from Rome or by any authority from thence any Bull or writing to absolve and reconcile such as will forsake their obedience to the King and yield it to the Pope or give or take absolution by colour of such Bull or publish or put in ure such Bull 13 El. c. 2. Dal. 231. Lam. 226. 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 counsel or aid them that do it is treason 23 El. c. 1. 3 Jac. c. 4. Lam. 220 226 412. Dal. 232. To be willingly absolved perswaded withdrawn or reconciled to promise such obedience or to procure counsel aid and maintain the same is treason except within six daies after their return into the Realm they submit according to the statute 3 Jac. cap. 4. Dalt ibid. For Jesuit Priest or other Ecclesiastical person made by the authority from the Pope to come into or remain in any of the ●ings dominions contrary to the statute 27 El. c. 2. is Treason To compass the death of an usurper of the Crown is Treason for which the offender may be arraigned in another Kings time Br. Treason 10. Dal. 227. To intend to deprive depose or dis inherit the King or say he will be King after the King dieth Dal. 227. To set at large unlawfully any committed for Treason is Treason by the Common law Dal. 229. One imprisoned for felony breaketh prison whereby a traitor escapeth it is Treason in him by the Common law Dal. 229. Cro. 35. a. nu 5. Voluntarily to suffer one to escape that is committed or only under arrest for
c. 1. Presentment at the Quarter Sessions for ex●olling the power of the Pope of Rome must ●e certified by the Justices of Peace before whom it was taken into the Kings Bench ●ithin 40 daies after if the term open if ●ot then the first day of the next term or e●ery Justice lose 100 pound 5 El. c. 1. Popish books Printer buyer seller or bringer from be●ond the sea of any Popish primer Lady-●alters c. in any language or other super●●itious books in English loseth 40 shill a ●ook whereof one part to the King another ●o the informer a third to the poor of the pa●ish where the book shall be found 3 Ia. c. 5. Two Justices of the Peace may search the ●ouse or lodging of a popish Recusant or ●hose wife is such for popish books and re●ques and finding any unmeet for them to ●se must deface and burn them or being of ●alue deface them and restore them to the ●wner 3 Iac. c. 5. Poor people Traveller with wife and children not being ●rogne dieth or runneth away the Town ●here that happeneth is not bound to keep ●hem where they die nor send them away ●ut only in char●ty except they become ●andring rogues Lam. 208. Resol 7. Parents able to work are to finde their chil●●en by their labour and not the Parish Re●●l 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. 99. Able bodies yet idle 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 Resol 10. by such Justice of Peace as may appoint overseers for the poor 43 El. c. 2. Lam. 209 295. Dal. 99. Able bodies yet idle and refusing to work having any lawful means to live by are not to be sent to the house of correction Resol 10. Lam. ibid. Dal. 97. It is fineable to remove or put any out o● the parish who are not to be put out and such may be sent back Resol 11. Dal. 98. None may take relief at any mans door in the parish but by the appointment of the overseers nor begge in the high-waies in their parish Resol 15. Parsons vicars farmers or owners of impropriations cole-mines or saleable woods are to be charged with the relief of the poor Resol 18 19. Bishop and his Chancellour and three Justices of Peace have power to examine how money for the relief of the poor appointed by the statute is bestowed and to call to account the detainers thereof 14 Eliz. c. 5. 39 Eliz. c. 18. Lam. 366. Justice of Peace proved before the ●udges of Assize by two witnesses to be in default about the execution of the statute for the poor loseth 5 li. 14 El. c. 5. Lam. 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 shill a moneth Lam. 445. 39 El. cap. 3 4. In disability of the parish or hundred to relieve the poor the greater part of the Justices at the Qu. Sessions may rate any other parish or hundred thereto 39 El. c. 3. 43. El. c. 2. Lam. 611. Beggars children at the Qu. Sessions may be bound to serve any subject in an honest calling 14 El. c. 5. 18. El. c. 3. Lam. 614. Performance or not performance of so much of the statute of 14 El. c. 5. for the poor as is not altered by 39 Eliz. c. 3. or 43. El. c. 2. 1 Iac. c. 25. is to be yearly examined at Faster Sessions Lam. 620. Overplus of the stock for maimed souldiers is to be imployed by the greater part of the Justices at the Q. Sessions to be such charitable uses as are set down in the statute for the Poor except by them it be reserved for future pension 43 El. c. 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. 96. The Justices may compel such as be of ability to take poor children apprentices and may binde such masters refusing over to the next goal-delivery so said Sir Henry Mountague at Cambridge Assizes 1618. and the statute of 43 El. c. 2. seemeth to warrant as much the words whereof are to this effect It shall be lawful for the Churchwardens and Overseers or the greater part of them by the assent of two Just●ces of the Peace to bind any such children to be apprentices where they shall see convenient cause Dal. 93. or the Churchwardens or Overseers with the assent of two such Justices may impose a competent summe of money upon such refuser for putting out such an apprentice and upon refusal to levy it upon the Justice of Peace his warrant by distress and sale of the offenders goods Dal. 93. If the Parents without good cause shewed refuse to suffer their children to be apprentices the Justices may binde them over to answer their contempt if the child refuse send him to the house of correction quousque c. Dal. 93. A master putteth his apprentice into apparel he cannot take it away though he part with the apprentice Dal. 96. Two Justices of Peace one being of the Quorum may send to the house of correction or gaol such as imploy not themselves in work being appointed 43 El. c. 2. Possession actual and in Law If after the death of A. another man abateth or entreth into his house forcibly before the heir of A. hath gotten any actual possession indeed the heir of A. shall have no restitution because he had a possession in law onely Lam. 153. Dal. 217. Information of ariot is a sufficient cause to ●aise the power of the county though indeed ●here were none Lam. 315. Dal. 114. Cro. 62. ● nu 22. 64. b. nu 49. Power of the county is raised without ●nowledge or information of a riot if when ●hey come they finde one it is lawful and ●hey may proceed to punish it Lam. 316. Dal. ●14 Cro. 62. b. nu 20. Power of the county in suppressing a riot ● de Riot The Justices of Peace Sheriff or Unde●heriff in levying power of the County may ●ave the aid of all the Knights and other ●emporal men under that degree that are a●ove the age of 15. and able to travel upon ●ain of imprisonment fine and ransome to ●he King Dal. 113. Lam. 315. Cro. 157. b. But it ●s referred to the discretion of the Justices how ●any or how few they will have and in what ●ort they shall be armed Dal. 113. Lam. 315. Cro. 64. b. nu 49. One Justice of Peace may take power of
56. explaineth the particulars of that stat of 3 Iac. c. 12. Weights and Measures Faults of the officers of Cities and Boroughs in not viewing and examining weights and measures twice a year to be heard and determined by examination and enquiry of two Justices 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 doe 11 H. 7. c. 4. 12 H. 7. c. 5. Lam. 356. Dal. 146. Two Justices of the Peace one of the Quorum may break and burn such measure● as they finde defective and fine the offender● by their discretion and make process against them as in trespass 12 H. 7. c. 5. Lam. 356. Dal. 146. 11 H. 7. c. 4. Mayors of Towns taking above a penny for sealing a bushel or other measure or fo● weights above a penny for an hundred an● half-peny for half an hundred a farthing for a less weight lose 40 s. 11 H. 7. c. 4. Lam. 437 Dal. 155. 7 H. 7. c. 3. Buying and selling by unlawful 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 firs● offence 6 shillings 8 pence for the second offence 13 shillings 4 pence and for the third 20 shillings and Pillory 11 H. 7. cap. 4. Lam. 460. To buy corn by heaped measure except on shipboard or to use double measure the one to buy the other to sell with the first offence is 6 shillings 8 pence the second 13 shillings 4 pence the third 20 shillings and Pillory 11 H. 7. c. 4. Lam. 460. 15 R. 2. c. 4. Stat. de Pistoribus c. 8. Those of the Town where the Kings Standard is appointed to remain 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 11 H. 7. c. 4. Lam. 460. Dal. 155. Vide plus Vessels Witchcraft Invocation Conjuration consultation covenant entertainment imploiment feeding or rewarding any evil spirit taking up of dead bodies or any part thereof to be employed in Witchcraft or Charms or using any manner of Witchcraft whereby any person shall be killed or any part of them wasted or lamed and also the accessaries is felony without Clergy 1 Iac. c. 12. Lam. 415. Dal. 280. By Witchcraft or Charms to finde 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 any of them the first offence is one years imprisonment without bail and to stand in the Pillory six hours every quarter of the same year and confess his offence the second is felony without Clergy 1 Iac. c. 12. Lam. 415. Trial of Noblemen upon the Statute of 2 Iac. c. 12. of Witchcraft is to be by his Peers Lam. 415. Attainder upon the statute 1 Iac. cap. 12. o● Witchcraft neither loss of Dower nor corruption of Blood 1 Iac. c. 12. Lam. ibid. Wines Wines brought in strange bottomes from France into any part of England except the I le of Man and Wales forfeit the Wines 27 El. c. 12. Lam. 457. Any licenced to retail wine selling above the prices limited by Proclamation lose 3 s 4 d. for every Gallon 27 El. c. 11. Lam. 458. El. cap. 5. Any under a Barons son or under 100 marks a year or 1000 marks in goods keeping to spend in his house any vessels of Gascoign wine French or Rochel wine above te● gallons loseth 10 pounds 7 E. 6. cap. 5. Lam 458. Woad brought from France into any part o● England except the I le of Man and Wales in strange bottome forfeiteth the Woad 27 El c. 11. Lam. 457 458. Wood. Upon complaint of the Lord and disagreement of the Lord and his Commoners th● fourth part of the Lords wood may be seforth by two Justices appointed by the greatest part of the Justices at their Sessions an● not being of kindred or alliance or fe● to the Lord 35 H. 8. c. 17. 13 El. c. 25. Lam 359. Just in Q. Sessions may call before them the owner of t●●●od and 12 of the Commoners to set out the fourth part Lam. 609. Ingrosser or regrater of Bark forfeiteth the Bark 1 Iac. 22. Lam. 452. Any selling of Oaks meet to be barked before April or after Iune except for necessary building as repairing of houses ships mils lose the Oak or double value 1 Iac. c. 22. Purveyours taking Timber for the repair of the Kings ships or houses the owner may retain all the Barks lop and top and the Purveyour taking them loseth for every tree 40 shillings to the party grieved 1 Iac. 22. Lam. 438. Wooll and Wooll-seller Buyer of Wooll of any other then the owner of the sheep or tithe lose the value 14 R. 2. c. 4. Lam. 452. Woollen-yarn Buyer of Woollen-yarn and not making it into cloth loseth the value thereof 8 H. 6. 5. Lam. 452. Any sorter carder kember spinster or weaver receiving wooll and yarn of any clotheir or maker of stuff and embezelling selling or detaining the same and the Receiver or buyer knowing thereof upon conviction by confession or oath of one witness before two Justices of Peace is to make such recompence to the party as the Just shall appoint and the offender being unable and refusing to do it is to be whipt or stocked 7 Iac. 7. cap. 7. Women arraigned for felony may only for one time have the benefit of 〈◊〉 ●elly Lam. 563. Just of Peace cannot award a Venire facias tot matronas to know whether a Woman felon be with child Lam. 551. Taking away a woman against her will that hath land c. or is heir apparent not claiming her as ward and after marry or deflour her is felony without Clergy So of the procurers abetters and receivers knowing thereof 3 H. 7. c. 2. Lam. 421. A woman being delivered of a bastard-Bastard-child and born alive that endevoureth privately by drowning secret burning or other way by her self or procuring of others to conceal the death thereof as that it may not come to light whether it were born alive or dead shall suffer as in murder except she can prove by one witness that the child was born dead 21 Iac. 27. Women convicted of felonious taking above 12 d. and under 10 s. being not burglary or Robbery in or near any high way nor taking of money goods or chattels from the person of any privily or as accessary to any such offence wherein a man may have his Clergy shall for the first offence be burned in the hand and further imprisoned whipped and stocked or sent to the house of Correction not above a year as the Justices before whom the conviction is shall think meet 21 Iac. 6. Dal. 272 273 Wife and her husband are bound to appear at the Sessions and in the mean time to keep the peace The