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A04754 The Complete justice a compendium of the particulars incident to justices of the peace, either in sessions or out of sessions : gathered out of the statutes, reports, late resolutions of the judges, and other approved authorities : abstracted and cited alphabetically for their ready helpe, and the ease of inferiour officers, and for the generall good of the kingdome. 1637 (1637) STC 14887.5; ESTC S4353 145,933 304

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void 3. Jac. 5. Penalties upon the statute of 3. Jac. 5. against Recusants to be recovered in any his Majesties courts of record by action of debt bill plaint or information without ●ssoin protection or wager of law 3. Jac. 5. Married woman under Baronesse convicted of not coming to Church who doth not within three moneths after conform her self to be committed by two Justices of the Peace one being of the Quorum untill conformitie unlesse her husband pay 10 pound a moneth to the King or the third part of his lands 7. Jac. 6. The penaltie of 12 pence and of 20 pound a moneth shall be both of them payed by a Recusant convict Dal. 104. Cook 11. 63. b. Two Justices of the Peace may require a convicted Recusant of small abilitie who repaireth not to the place of his dwelling or place of his birth there to notifie himself to the Minister and Constables according to the statute of 35. Elis or afterwards remove 5 miles from the same if upon apprehension he conform not within 3 moneths to abjure the realm and assigne him his time and haven 35. El. 2. Dal. 8. The form of the oath You shall swear you shall depart this Realm of England and all other his Majesties dominions and that you shall not return hither or come again into any of his Majesties dominious without license of our soveraigne Lord the King or of his heirs so help you God Dal. 107. Stam. 119. Every such Recusant that refuseth to abjure or after abjuration doth not within the time appointed go to such haven and depart or after such abjuration returneth without his Majesties speciall license in every such case shall be adjudged a felon 35. El. 2. Dal. 108. Lam. 419. The Justices of Peace before whom such abjurations shall be made must presently cause the same to be entred at the next generall goal-deliverie in the said countie ibid. The Bishop of the diocesse or any one Justice of Peace or Minister of the parish where such convicted Recusant shall be may require his submission ibid. Justices of Peace at their Quarter Sessions may require heare and determine of all Recusants both for not coming to Church and not receiving the Sacrament according to law as J. of Assize and goal-deliverie may do and at the Sessions in which such enditement shall be taken make proclamation to render their bodies to the Sheriffe and before the next Quarter Sessions at which if the offender make not appearance of record it shall be a conviction 1. Jac. 4. Lam. 616. Regratour Regratour is he that buyeth live or dead victualls tallow or candles in the market and selleth the same there or within 4 miles ●3 El. 25. Lam. 450. Release Iustice of Peace compelleth one of his own motion to give suretie of the Peace untill a certain day he may by like discretion release it before the day Lam. 110. Dal. 146. Cro. 139. b. Partie bound generally to keep the Peace without any day limited it is for life and no man can release it Lam. 110. Dal. 146. Cro. 142. b. Recognisance is taken at the suit of 〈◊〉 to keep the Peace against him onely A may release it before the same Iustice or any other that will certifie it Lam. 110. Dal. 147. Cro. 139. b. 169. a. That release being certified at the next Quarter Sessions will discharge the partie bound of his appearance so that he shall not be called upon for his recognisance Dal. ibid. Recognisance is taken versus cunctum populum praecipuè versus A yet A may release it before any Iustice tamen quaere Lam. 110. Dal. 147. Cro. 142. b. Recognisance is taken by discretion or upon suit the King cannot release or pardon it before forfeiture Lam. 111. Dal. 147. Cro. 140. b. 141. a. The Peace being released the recognisance must not be cancelled but certified at the Sessions with the release lest peradventure the Peace was broken before the release made Lam. 111. Dal. 144. Cro. 1. Whether the good abearing taken upon complaint may be released by any speciall person quaere Lam 133. Dal. 163. Neither the Iustice of the Peace nor the partie can discharge the recognisance of the Peace by the release out of the Sessions for first the recognisance is made by the King and therefore none but the King can release or discharge it Secondly the recognisance is taken for the parties appearance and the release cannot discharge the appearance Dal. 175. The appearance is requisite notwithstanding any release made first for the safetie of the recognisance secondly that others may object in open Sessions if he have broken the Peace that he may be endited thereupon Dal. 176. F. contra Comp. 139. b. If the Iustices of Peace at the Sessions do certifie the release by this the obliged is discharged and shall not be called upon for his recognisance nor his default recorded for the principall cause of the recognisance was the keeping of the Peace the which is discharged by the release which is certified at the Sessions and then the appearance is but accessarie to the same and the intent is onely that then he should finde new suretie if the partie will not release and this is the common usage Vide plus Recognisance Forfeiture Religious houses The owner of the site of a religious house dissolved must keep a continuall house there or lose 20 nobles a moneth to be enquired of at the Quarter Sessions 27. H. 8. 22. 5. El. 2. Lam. 471. Replevin vide Bailment Rescous of a Felon Rescous is to help a prisoner to get away and if it be a felon it is felonie Lam. 229. Dal. 238 239. Rescous of a felon before arrest is no felonie otherwise after arrest Lam. 230. Dal. 229. Quaere Rescuing a prisoner going to the gallows is felonie Dal. 229. A warrant being granted by a Iustice of the Peace for unlawfull hunting of deer or conies to make rescous thereupon is felonie Dal. 57. Rescous against an officer or person authorised to execute the statute of 39. El. 4. loseth 5 pound and is to be bound to his good behaviour Dal. 101. Restitution of Possession None shall have restitution but such as are put out of house or land Dal. 171. 183. Cro. 162. b. Lam. 153. If it be found upon enquirie that any have entred or held with force contrarie to the statute 8. H. 6. 9. the Iustice of Peace may reseise and put the partie so put out in full possession Dal. 182. Cro. 161. b. The Iustice of Peace needeth not to stay or stand upon the right or title of either partie Dal. 183. Cro. 161. b. 164. a. No restitution is to be made where there was onely a possession in law Lam. 153. In a restitution it is not enough that the putting out be found unlesse the enditement do also contain in it adhuc extra tenet Dal. 183. Cro. 163. b. Lam. 153. Restitution ought to be made to none other then the partie put
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 h●… 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