Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	action_n	defendant_n	writ_n	2,762	5	9.1941	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A16313	A iustice of peace for Ireland consisting of two bookes: the first declaring th'exercise of that office by one or more iustices of peace out of sessions. The second setting forth the forme of proceeding in sessions, and the matters to be enquired of, and handled therein. Composed by Sir Richard Bolton Knight, Chief Baron of his Majesties Court of Exchequer in Ireland. Whereunto are added many presidents of indictments of treasons, felonies, misprisions, præmunires, and finable offences of force, fraud, omission, and other misdemeanors of severall sorts, more then ever heretofore have beene published in print.	Bolton, Richard, Sir, 1570?-1648.	1638 (1638)	STC 3223; ESTC S107128	601,677	634

Sheriffes Bailiffes Constables Provost Marshals and other his Majesties loyall subjects are required to be ayding assisting and helpfull to every Iustice of peace and Iustices of Assize in the apprehending of the said Cosherers and wandring Idlers when they shall be thereunto required upon paine of such fine or fines to be set upon them for their neglect as upon conviction before the Iustices of peace or before the Iustices of Assise at their discretion shall be set upon them for their said default 30. Both which last mentioned statutes are in a manner but a declaration of the common Law for the constant course in Ireland hath ever beene at the generall Sessions of the peace and at the Assises to enquire of such Idlers and to fine and imprison them untill they shall finde surety to betake themselves to some honest labour or else to be bound to their good behaviour at the discretion of the Iudge 31. So likewise at the common Law if a man had taken my servant from me I might have had an action of Trespasse Quare vi armis c. but if he had procured the servant to depart who did depart accordingly and he retained him or if he had departed of his owne head and another had retained him knowing of the first retainer an Action did not lye at the common Law Quare vi armis c. but an action upon the case did lye upon the departure by such procurement and in case where the servant did depart without any such procurement and was retained by another 11. H. 4. 21. 22. there no action at all did lye by the common Law and therefore the said statute of 23. Ed. 3. was made which gives an action in these cases 11. H. 4. 21. 22. Co. lib. 11. fo 86. 32. Likewise by the common Law no man may be prohibited to worke in any lawfull trade for the Law abhorreth Idlenesse Coke lib. 11. fo 86. 33. Also by the common Law no man is prohibited to use diverse misteries or Trades at his pleasure and although this was prohibited by the statute of 37. Ed. 3. cap. 6. yet shortly after at the next Parliament that restraint of free Trade being found prejudiciall to the common wealth it was enacted againe that all persons should be as free to use severall Trades as they were at anytime before Co. lib. 11. fo 54. as appeares by the statute of 38. Ed. 3. ca. 2. and therefore without an Act of Parliament no man may be restrained either to worke in any lawfull Trade or to use diverse mysteries or Trades by any ordinances or by-lawes made to restraine the same but such by-lawes and ordinances are meerely voide and against the law 34. Also it is lawfull for any person to use privately any Trade as of a Cooke Brewer Baker Taylor or such like in his owne house or in the house of any other for the private use of the family although such person were never Apprentice to the Trade Who are compellable to serve by the statute 35. By the statute of 23. Ed. 3. and the rest of the statutes above mentioned a Iustice of peace may command vagrant persons to prison if they will not serve and labour and they may command the Gaoler to let them at large without other writ Fitz Na. Br. fo 168. b. and if a man be retained in service and goe vagrant out of his service another man may compell him to serve or labour because he is out of service Fitz. Na. Br. fo 168 b. Fitz. Na. Br. fo 168. 1. 36. He which hath not lands sufficient of his owne to manure or hath not some mistery or occupation to live upon shall be compelled to serve and labour by the said statute of 23. Ed. 3. Fitz. Na. Br. fol. 168. i. 37. In an action upon the statute of Labourers the defendant saith that he holdeth land for which he ought to doe certaine dayes works yearly to the Bishop of D. at his Mannor of S. and demands Iudgement if he shall be compelled to serve and the plaintiffe saith that he had but six acres for which he shall pay but six dayes worke upon which the defendant demurred in law and it was awarded by the Court that the plaintiffe shall be barred of his action the reason is 40. Ed. 3. 39. that if he shall bee retained with another it will not be lawfull for him to depart from him to doe the six dayes worke Brooke Lab. 5. nor to doe any worke 40. Ed. 3. 39. Brooke Labourers 5. 38. An Infant of the age of five yeares is not compellable to serve by the said statute by reason of his disability of body 41. Ed. 3. 17. Brooke Lab. 6. for the statute requireth that he should be potens in corpore 41. Ed. 3. 17. Brooke Labourers 6. 39. In an action of false imprisonment the defendant justifieth being Lord of the tenant because the plaintife was vagrant and I.N. complained for lacke of a servant and required him to serve and he would not wherefore he put him in the Stocks and the plaintiffe said that he had two Acres of land five sheepe and ten Cowes to the value of 20. l. to be occupied and the defendant said that hee had but a cottage and no land and so not sufficient to be occupied and the other said and maintained that he had sufficient Chattels to bee occupied and thereupon the issue was joyned 47. Ed. 3. 18. Br. Lab. 14. which proves that if his Chattels were sufficient to imploy him in labour he is not compellable to serve as a servant 47. Ed. 3. 18. Br. Lab. 14. 40. An action was brought upon the statute of Labourers against a litle Damosell of the age of ten yeares upon retainer and departure and the plaintiffe declared against her and the defendant said that she is but of the age of Ten yeares and demanded Iudgement of action and because it appeared to the Court by inspection that shee was not of age to make a Covenant therefore the writ was abated 2. H. 4. 5. Br. Lab. 19. and there Rickhill said that she is not of age to bind herselfe by Covenant ante annos nubiles that is to say before the age of 12. yeares 2. H. 4. 5. Br. Lab. 19. 41. In an action upon the statute of Labourers 7. H 4. 5. Br. Lab. 20. it was said that the statute of Anno. 23. Ed. 3. cap. 1. is that quilibet potens in corpore ought to serve and by Hankford an Infant of 12. yeares retained ought to serve 7. H. 4. 5. Br. Lab. 20. 42. A man brought an Action upon the statute of Labourers for taking his servant out of his possession 38. Ed. 3. 5. Br. Lab. 24. the defendant said that the servant is an Infant under the age of Ten yeares and because the plaintiffe could not gainsay it he was barred of his action 38. Ed. 3. 5.

Br. Lab. 24. 43. An Artificer as a Carpenter Taylor Shooemaker and such like shall not be compelled to serve by the statute of husbandrie contrarie of servants of husbandrie and therefore in an action of debt brought by the Carpenter Taylor or such like for his wages the master may wage his law but not in an action brought by a servant in husbandrie and yet if a Carpenter Taylor Shooemaker 33. H. 6. 14. Br. Lab. 36. or other Artificer will be retained in service and depart an action lies of the departure although that they shall not be constrayned to serve for the first Article of the statute of Labourers 23. Ed. 3. compels servants of husbandrie to serve and the second Article ordaines that if any retained in service depart from his master an Action shall lie of the Departure 33. H. 6. 14. Brooke Labourers 36. 44. In an action upon the statute of Labourers if the defendant were vagrant and was required to serve and refused by Martin if he be retained with one to serve by the day and is required by another to serve by the yeare there he shall serve the first the day which he was hired and after that day ended he shall serve the other by the yeare but if he be retained for twenty or forty dayes and be required by another to serve by the yeare he ought to serve the latter for a retainer by twenty or forty daies is no usuall retainer but otherwise it is of a retainer by the day 11. H. 6. 1. Br. Lab. 49. and by him if a man be retained for a yeare and after is vagrant and doe not serve accordingly there if another him require to serve he ought to obey that request 11. H. 6. 1. Brooke Labourers 49. 45. A servant shall be compelled to serve in Summer in the place where hee served in Winter before and the Lords of the Towne and Iustices of peace may command vagrants to prison which will not serve Fitz. Na. Br. fo 168 f. Br. Lab. 51. and if a man retaine a servant for forty daies and another retaine him for a yeare within the forty dayes the first retainer is thereby discharged because the first retayner was not according to the statute What is a good retainer within the statute and what not 3. H. 6. 23. Br. Lab. 1. Fitz. Na. Br. fo 168. f. Br. Lab. 51. 46. If a man retaine a Labourer to serve him in husbandrie according to the forme of the statute this is a good retainer although no wages be mentioned but it is otherwise if a man retaine a Carpenter to make a Mill or such like for in the one case the wages is certaine by the statute and not in the other 3. H. 6. 23. Br. Lab. 1. 47. An Action upon the statute of Labourers was brought against one which was retained in the office of an Imbroiderer who departed within the Terme 47. Ed. 8. ●● Br. Lab. 15. the defendant demands Iudgement of writ because the statute doth extend only to servants and labourers and not to Artificers but this exception was not allowed whereby it appeares that this was a good retainer according to the statute 47. E. 3. 22. Br. Lab. 15. 48. An Action upon the statute of Labourers was brought against a Chaplaine who had covenanted to be Seneschall to the plainetiffe and Chaplaine of such a parish Church for that he departed within the Terme and as to the office of Seneschall it was adjudged that the Action is well brought 50. Ed. 3. 13. Br. Lab. 16. but as to the Chaplaine the Action doth not lie for that he is neither common Labourer nor Artificer but is the servant of God and therefore as to that he was discharged 50. E. 3. 13. Br. Lab. 16. 11. H. 4. 42. Br. Lab. 23. 49. A retainer upon condition is a good retainer within the said statute ●8 Ed. ● 12. Br. Lab. 25. Fitz Na. Br. fo 138. h. 11. H. 4. 42. Br. Lab. 23. 50. If a man that is insufficient and not able to keepe a servant retaine a servant to serve him by the yeare this is no good retainer 38. Ed. 3. 12. Br. Lab. 25. 51. An Action upon the statute of Labourers was brought and the defendant said that he was retained to collect the rents of the plaintiffe without that that he was retained in the office of a labourer and this was adjudged a good plea for the statute is only of those which may be required to serve as Labourers 19. H. 6. 53. Br. Lab. 28. and that is not a Collector of rents for it is not reasonable that a man should be compelled to be accomptable 19. H. 6. 53. Br. Lab. 28. 52. If a man retaine a servant to serve in his house 21. H. 6. 9. Br. Lab. 29. that is a good retainer although he doe not expresse in what office he shall serve that is to say a fervant in Husbandry Cooke Butler horsekeeper or such like 21. H. 6. 9. Br. Lab. 29. 53. By Markham and Ascue Iustices an Infant may bind himselfe a Prentice but Newton and Paston Iustices say that is by custome and not by the common Law and it is there agreed that one may be constrained by the statute to serve but not to be an Apprentice and by Paston if an Infant be retained to serve an Action upon the statute of Labourers is brought against him it is a good plea for him to say that he is an Infant but by Markham that is 21. H. 6. 33. Br. Lab. 30. where he is under the age of 14. yeares for at the age of 14. yeares he is potens in corpore according to the statute and therefore such retainer is good 21. H. 6. 33. Br. Lab. 30. 54. If I retaine a servant for a yeare and so from yeare to yeare taking for his wages according to the statute and if he serve Eight yeares he shall have an Action for his wages and he may not depart without reasonable warning but where he is retained for one yeare and continueth for Eight or Ten yeares now the first retainer shall serve for all and is but one retainer within the statute for all the yeares 38. H. 6. 14. Br. Lab. 36. 38. H. 6. 14. Br. Lab. 36. 55. If I retaine a servant to serve me by the yeare at any time that I shall require him this is no good retainer within the statute 22. H. 6. 30. Br. Lab. 31. 22. H. 6. 30. Br. Lab. 31. 56. An Action upon the statute of Labourers for taking of the plainetiffes retained servant the defendant said that the servant made the Covenant by dures and was within age and the defendant had 20. l. land and the servant is his Sonne and heire apparant and by Babington if such a sonne make a Covenant to serve this is a good retainer although he were heire apparant to 100. l. land And if he were of

levied upon the husband for the husband shall never be charged for the Act or default of his wife but when he is made a party to the action and judgement given against him and his wife Co. 9. 72. Co. 11. 61. 2. H. 7. 16. 5. Diverse doe enter with force to the use of A. who is not then present with them but doth after agree thereto this agreement after maketh A. to be a disseisor Br. force 25. but not to be punished for the force and if A. had counselled consented or agreed thereto before the Entrie yet it seemeth that a commandement consent or agreement before or after though it may make one a disseisor yet it is not to be punished by the Iustice of peace upon these statutes Consent for that a forceible Entrie cannot be adjudged against a man without an actuall Entrie be also made by him or that at least he be present 6. But if A. that shall command or counsell others thereto shall also be present at the time of the Entrie Dalton 182. although he doth then nothing yet he is now become a principall and punishable by these statutes 7. If diverse doe come in one company to enter into lands c. where their entry is not lawfull Dalton 183. and all of them saving one did enter and demeane themselves in peaceable manner and one only doth enter with force or after entry made doth use force and violence this shall be adjudged a forceible Entrie in them all although the force were against their wils Co. 9. 67. 112. 11. 5. for where diverse doe come in one company to any place to the intent to doe any unlawfull thing be it robbery homicide ryot affray or any trespasse here every one of them shal be adjudged a principall doer although they stand but by and doe nothing So it seemeth though some of them come without any intent of evill if they came together in company with the other offendors or if they came after yet if they be either ayding or countenancing to the offendors they shall be also adjudged principall doers aswell as the other 8. An Indictment upon the statute of 8. H. 6. for the King The person● put out Co. 1. 46. 10. 112. is not good for the King cannot be disseised nor put out of his freehold neither can the King bring any action upon the statute of 8. H. 6. nor any other action which might prove him out of possession of the land 9. And if the K. termor be put out by force The Kings Tenant Dalton 183. Cromp. 69. he cannot preferre a bill of indictment upon the statute of 8. H. 6. that he was put out and the King disseised But he must have an Information of Intrusion in the Exchequer 10. Dalton 183. Yet it seemeth that upon complaint made to a Iust of peace by the K. termor of any such force the Iustice of peace ought to remove the force and upon his view thereof to record it and to commit the offendors to prison and may fine them and after such force removed the Kings termor may presently reenter if he can in peaceable manner 11. If a forceible entry Lesse● for yeares Coppihold●● or deteiner shall be made upon any Lessee for yeares Tenant at will or upon a Coppiholder whether it be by an estranger or by the lessor or by the Lord the Iustices of peace upon their view thereof are to remove such force Dalton 183. and may commit to prison the parties which made such entry or which shall hold it with force and may fine them but whether the Iustice of peace may make such restitution and set them sc the Lessee for yeares Tenant at will or Coppiholder into their possessions againe hath beene much questioned But now by a statute made in Ireland in 10. Caroli ca. 13. restitution shall be made to Tenant for yeares Tenant at will Coppiholder Tenant by Elegit or statute merchant or of the staple 12. Some held opinion that before this statute the Iustice of peace may put them in possession againe and of this opinion was Maister Marrow and Maister Lamb. and to maintaine this opinion these reasons may be given 1. First for that the words of the statutes seeme to warrant it for the statute 15. R. 2. in the Preamble thereof as also the stat 8. H. 6. in the body thereof hath this word possessions which word most properly doth extend to a lease for yeares c. 2. Again that clause of the stat 8. H. 6. which provideth for the restitution is thus if it be found that any doth contrary to this statute then the said Iustice c. shall put the party so put out in full possession c. 13. Now it cannot be denied but that he which by force expulseth Lessee for yeares tenant at will or a coppiholder doth contrary to this statute also they bee the parties put out and the same mischiefe and inconvenience which these lawes do labour to remove is to Lessee for yeares tenant at will and to the coppiholder Co. 11. 33. 34. Plo. 178. And we may finde it usuall that where statutes are made for to remedy any common mischiefe there to help things in the same degree one action thing place and person hath in construction beene taken for another and a good expounder saith Sir Ed. Co. 11. 34 maketh every sentence to have his operation to suppresse all the mischiefes before the said Act and principally those that are specified in these acts Co. 3. 7. 12. 73. 14. And againe saith he it is the office of the Iudges alwaies to make such construction of statutes as may represse the mischiefe and advance the remedie and to suppresse all evasions which may continue the mischiefe and to adde force and life to the cure and remedy according to the true intent of the makers of the statute Co. 11. 73. b. Co. 3. 7. 15. Others held the contrary sc that Lessee for yeares nor a coppiholder or tenant at will cannot have restitution by the hands of the Iustice of Peace and this was the common opinion their reason is for that the words in the statute of 8. H. 6. in that clause which specially provideth for the restitution are thus The said Iustices c. shall reseise the said lands or tenements and thereof shall put the party so put out in full possession c. which words lands or tenements are only to be understood of them that have inheritance Rast 174. or a freehold at the least but to this it may be answered that the said statute of 8. H. 6. in the body thereof hath these words where any doe make any Forceible Entry into lands tenements or other possessions or them hold forceibly c. which words possessions extendeth to a lease for yeares c. And then the words possessions being in the same statute we shall

and every Iustice and Iustices of Assize shall for ever hereafter in their severall circuits respectively have the like power and authority to all intents and purposes to inquire heare and determine of all forceible Entries and forceible holding and all other offences aswell against the said statute of Octavo of King Henry the sixt as against this present statute and to award restitution of possession in all cases as any other Iudge or Iustice or Iustices of the peace could or may doe by this Act or by any other Statute of force within this Realme 23. Now to shew something more what the Law accompteth to be force and what weapons Weapons be offensive in these and the like cases Master Bracton saith Omnes illos dicimus armatos Dalton 186. qui habent cum quo nocere possunt and therfore to have harnesse guns Bowes and arrowes Crosbowes halberts Iavelins bils clubs pikes pitchforkes or swords not usually borne by the parties shall be said to be vis armata 24. Againe Si quis venerit cum armis dejecerit vis tamen armata dicitur sufficit enim terror armorum Si quis venerit sine armis in ipsa concertatione ligna sumpserit fustes aut lapides vis dicitur armata 25. And so to use casting of stones hot coales scalding water or lead or any other thing wherewith one may hurt the person of another shall be said to be vis armata 26. Next where a force Lawfull force or forceible defence is justifieable and where not 27. Force being opposed against the Law is utterly forbidden but being used in the maintenance of the Law and with the warrant of Law it is allowed for that it mainetaineth the peace of the realme P.R. 41. Dalton 186 And therefore force may lawfully be used by all the Kings officers ministers and subjects thereunto deputed for the execution or advancement of Iustice or of the judgements of the Law 28. And so first it is a lawfull force Ibid. whereby all offendors in Treason felony and other great crimes be pursued apprehended carryed to prison and receive their condigne punishments 29. Ibid. It is also a lawfull force whereby the Sheriffe and his officers doe apprehend any person by vertue of the Kings writ 30. 3. H. 7. And so it is a lawfull force whereby Iustices of peace doe remove unlawfull entries or holdings of possessions Br. Riots 73. and represse Riotters and doe arrest and send to prison such offendors And in these and the like cases the Kings officer scil the Sheriffe Iustice of peace and Constable may take the helpe of others what number they shall thinke meete to assist them when need shall require 31. Also it is a lawfull force which Iustices of peace Sheriffes Dalton 186. Coroners and Constables shall use in apprehending or committing to prison such as within their severall jurisdictions and in their presence shall in any sort breake or attempt to disturbe or breake the peace and they may therein take the assistance of others as aforesaid 32. Also in these cases following it is lawfull for the K. officers P.R. 41. by force to breake open a mans house to arrest offendors being therein if the doores be all shut so as the officer cannot otherwise enter the house viz. 33. For the apprehending of any person for treason felony Co. 5. 92. or suspition of felony or Treason 13. E. 4. 9. Br. Coron 159. Dalton 187. 34. Where one hath dangerously wounded another and then flying into an house the Constable or other officer upon fresh suite may breake open the doore and apprehend the offendor and so may any other person besides the officer as it seemeth 7. E. 3. 19. Crom. 171. Ibid. 35. Where there shall be an affray made in a house and the doores shut the Constable c. may breake into the house to see the peace kept Ibid. 36. So upon a forceible Entrie or detainer found by Inquisition before any Iustice of peace or viewed by the Iustice himselfe or the Sheriffe by his warrant may breake into the house to apprehend the offendors Ibid. 37. Upon a Capias utlagatum in any personall action as also upon a Capias pro fine directed to the Sheriffe the Sheriffe may breake open the doores c. Ibid. 38. Upon a warrant for the peace or good behaviour the Constables may breake open the house by the opinions of Popham and Clerke Iustices of Assise at Cambridge Assises 3. Iac. Reg. 39. Lastly in all cases where the K. is a party or hath Interest in the businesse Co. 5. 91. 13. Ed. 4. 9. the officers may breake open the doores as aforesaid For no mans house shall be a Castle against the King Co. 5. 91. And yet the Sheriffe nor his officers may not breake open any mans house to execute the Kings proces upon the body or goods of any person at the suite of any subject Co. 5. 92. 95. 40. But when a house is recovered by any reall action or by ejectione firmae there the Sheriffe may breake the house and deliver seisin or possession to the demandant or plaint for after judgement it is no more in the right or judgement of Law the house of the tenant or defendant Co. 5. 91. 41. But note that the officer before he breake open the house or doores of any person Co. 5. 91. he must first signifie the cause of his comming and desire that the doores may be opened unto him Co. 5. 91. 11. 82. 21. H. 7. 39. 42. Note also though no man may forceibly keepe his house against the Kings officers in the cases aforesaid yet every mans house is to himselfe Forceible de fence lawfull his familie and his goods as his Castle aswell for his d●fence against injury and violence as also for his repose and rest And therefore the Law doth give to dwelling houses diverse priviledges 1. First that it is a mans Castle for his defence as aforesaid 2. Also a mans house hath the priviledges to protect him against any arrest by force of any processe at the suite of any subject as aforesaid Co. 11. 8. 3. A mans house in some cases hath a priviledge against the Kings prerogative for it hath beene adjudged that Saltpetermen cannot dig in the mansion house of any subject without his assent in regard of the danger that may happen thereby in the night time to the owner his familie and goods by theeves and other malefactors Co. 11. 82. 4. If Theeves shall come to a mans house to rob or murder him Co. 5. 91. 11. 82. he may lawfully assemble company to defend his house by force and if he or any of his company shall kill any of them in defence of himselfe his familie his goods or house this is no felony neither shall they forfeite any thing therefore 5. Cromp. 70 Also a man that is

doe it though they dye for it or such like words or shall use any other behaviour in apparant disturbance of the peace then it seemeth to be a Riot and therefore where there is cause to remove any such nusans or to doe any like Act it is the safest not to assemble any multitude of people but only to send one or two persons or if a greater number yet no more then are needfull and only with meete tooles to remove cast or pull downe the same and that such persons tend their businesse only without disturbance of the peace for the manner of doing a lawfull thing may make it unlawfull Ibid. 27. Also the manner of doing an unlawfull Act by an assembly of people may be such and so handled as that it shall not be punished as a Riot as if I should assemble a meete company to carry away a peece of Timber or other thing whereto I pretend a right that cannot be carryed without a great number if the number be not more then are needfull for such purpose although another man have better right to the thing so carryed away and that this Act be a wrong and unlawfull yet is it of it selfe no Riot except there be withall threatning words used or other disturbance of the peace 28. The manner As there must necessarily be three persons at the least assembled together to make a Riot Dalton 204. c. so they being together and their demeanor must be such as shall or may breed some apparant disturbance of the peace either by threatning speeches turbulent gesture shew of armour or actuall force or violence to the terror of the peaceable sort of people or to the emboldening and stirring up of such as are busie headed and of evill disposition by such fact or else it can be no Riot c. for as I said before the manner of doing a lawfull thing may make it unlawfull sic è converso 29. And therefore if diverse in one company going to the church Ibid. faire or market shall goe armed or one going to the Sessions or other like assembly shall goe in harnesse to the terror of the people though he or they have no intent to fight or to commit any Riot yet this is a Rout by the manner of his or their going being needlesse disordered and against the Law see the statute 2. Ed. 3. ca. 3. 30. Cromp. 64. But in the former cases if they had gone in privie Coats of plate shirts of maile or the like to the intent to defend themselves from some adversarie this seemeth not punishable within these statutes for that there is nothing openly done in terrorem populi 31. One N. W. together with fourescore persons 31. El. came with spades mattocks pistols swords and daggers in the night to a peece of ground where Sir Thomas St. had made a great weare crosse over the river of Trent in the County of Notting to the great nusans of passengers there Cromp. 64. c. and there they made one or two litle Trenches to let the water passe c. and though it were lawfull to make the Trenches and to debruse the nusans yet for that they came with such number and weapons they were deeply fyned in the Star-chamber 32. Also a Lord of a Coppihold did enter with twenty persons 31 and 32. El. Cromp. 64. Dalton 204. and cut his Coppiholders corne with force for that his Coppiholder would not compound with him for his fyne and although the entry of the Lord was holden lawfull yet punishable as a Riot in regard of his number and force 33. In all cases where three or more shall enter into lands Cromp. 64. Dalton 205. c. with force upon the possession of another where their entry is lawfull yet it is a Riot by reason of the number and force for the statute of 5. R. 2. prohibiteth the entry with force or with multitude of people although the entry be otherwise lawfull What persons may commit a Riot CHAP. 52. 1. IF a number of women or children under the age of discretion doe flocke together for their owne cause this is no assemblie punishable by these statutes unlesse a man of discretion moved them to assemble for the doing of some unlawfull Act as Master Marrow held Cromp. 62. but yet certaine women that had apparelled themselves in mens apparell Dalton 205. and had pulled downe riotously a lawfull inclosure were worthily punished for the same in the Starchamber contrary to Master Marrowes opinion 2. Also women covert are holden to be within the statute of Mert. ca. 6. Co. 3. 72. 11. 161. for ravishment of wards and within the statute of Westm. 1. ca. 20. de malefactoribus in parcis and within the statute of 2. Eliz. ca. 2. for recusancy although they be not particularly named within any of this statute Co ibid f. bre 670. 4. E 4. 16. 3. Also if a woman covert shall commit any riot or doe any Trespasse or other wrong she is punishable for it and for a trespasse done by the wife or for a scandall published by her the action lieth both against the husband and wife sc an action of trespasse or of the case shall be brought against the husband and the wife and there the husband is chargeable to the damages or fyne because he is a partie to the action and Iudgement but if a woman covert without her husband be indicted of a Trespasse Co. 21. 61. b. riot or other wrong there the wife shall answere and be party to the Iudgement only and in such case the fyne set upon the wife shall not be levied upon the husband 22. Ass ●7 43. E. 3. 18. yet after the husbands death it seemeth such damages or fyne shall then be levied upon the wife her selfe and as for imprisonment or other corporall paine it shall be inflicted upon the wife only and not upon the husband for his wives Act or default Dal●●n 205. 4. If a Mayor and Alderman or Bailiffe and Burgesses or the fellowes of any other society doe assemble in their common quarrell and make a riot or rout this shall be punished in their owne private naturall persons and not in the body politique Recognisance CHAP. 53. 1. A Recognisance is a bond of record testifying the Recognisor to owe a certaine summe of money to some other and the acknowledging of the same is to remaine of record and none can take it but only a Iudge or Officer of record 2. And these recog in some cases the Iu. of peace are enabled to take by the expresse words of certaine statutes but in other cases as for the peace and good behaviour or the like they may doe it of congruity without any expresse authority given them either by their Commission or by statute 3. Note wheresoever any statute giveth them power to take a bond of any man or to binde over any

Kings writ issuing sometimes out of the Chancery and sometimes out of the Kings Bench and may be directed to any Court of Record or officer of Record as to a Iustice of peace Sheriffe Coroner or Escheator to be certified of any Record which is before any of them and first an alias then a pluries and lastly an attachment lyeth against them that should send it if the Record be not certified accordingly or it seemeth a sub poena is used at this day If it be returneable into the Chancery then are the words in Cancellaria nostra and if into the Kings Bench then the words are coram nobis ubicunque c. mittatis The Certiorari may be sometimes to remove Fitz. Na. Br. fo 245. and send up the Record it selfe and sometimes but onely the Tenor of the Record as the words therein be and it must be obeyed accordingly If there be variance betweene the Certiorari Plo. 393. and the Record which is to be removed the Iustices need not to certifie such Record A Iustice of peace may deliver Crompton fo 132. a. and 133. b. or send into the Kings Bench an endictment found before him or a Recognisance of the peace taken by him or a force recorded by him without any Certiorari but if a Iustice of peace having a Record with him be discharged of his office now he cannot certifie it without a Certiorari although he be made a Iustice of the peace againe See 8. H. 4. fo 5. Br. Record 64. If a Certiorari be to send up the indictment of A. in which endictment some others be endicted together with the same A. yet need not the Iustices of peace to make certificate concerning any but A. for although they be named joyntly yet be they indicted severally and the King may pardon A. without forgiving the other 6. E. 4. 5. 6. Ed. 4. fo 5. If a Certiorari shall come to the Iustices to remove an endictment and the party sueth not to have it removed but suffereth it to lye still 9. H. 7. 16. Br. Iudgement 17. yet it seemeth the Iust of peace ought ex officio to send it away because the writ containeth in it selfe a commandement to them so to doe and so is a supersedeas of it selfe to the Iust of peace to stay their other proceedings And albeit the Certiorari be a supersedeas of it selfe Fitz. Na. Br. 237. yet may the party upon the Certiorari purchased have a supersedeas also directed to the Sheriffe commanding him that he arrest him not Fitzh fo 237. in which place also he doubteth whether the Iustices of peace themselves ought not of duty to award their owne supersedeas to the same effect after that the writ of Certiorari is brought to their hands If a Certiorari come to the Iustice of peace to remove an endictment and in truth the indictment was not taken till after the date of the Certiorari yet if the endictment be removed thereby Dalton 371. it is good enough for that they both be the Kings Courts 1. R. 3. 4. and in such case it is now usuall to remove it All the higher Courts at Dublin may write to the Iustices of peace to certifie their Records that doe make for the tryall of causes in them depending as you may reade 19. H. 6. 19. where they of the common place did send to the Iustices of peace for an endictment because in a writ of conspiracy brought before them it was materiall to have it In some cases the Iustice of peace may certifie a Record by him made Dalton fo 372. or found before him out of Sessions without any writ of Certiorari therefore to him directed vide antea tit forceible Entrie In other cases he must of duty certifie the proceedings but may spare to certifie the Record untill a Certiorari come to him for it see hereof antea title Suretie for the peace For the manner of the writ of Certiorari to remove Records from one Court to another or from the Iust of peace or other officers of Record to any the higher Courts of Dublin c. there are diverse formes and sorts thereof as you may see in Fitz. Na. Br. fo 242. c. I will onely set you downe one forme for all The forme of a Certiorari out of the Chancery to certifie a Recog taken by a Iustice of peace in the Country for the keeping of the peace Iacobus Dei gratia Angliae Scotiae Franciae et Hiberniae Rex fidei defensor custodibus pacis nostrae in Com. Dublin et eorum cuilibet salutem volentes certis de causis Certiorari super tenorem cujusdam securitatis pacis vel boni gestus qua A.H. ar invenit coram vobis vel aliquo vestrum de eo quod ipse damnum vel malum aliquod R.S. vel alicui alij de populo nostro de corpore suo nec faceret nec fieri procuraret quovismodi vobis mandamus quod tenorem securitatis pacis sive boni gestus predict nobis in Cancellar nostr in octabis purificat beatae Mariae virginis prox futur ubicunque tunc fuerit sub sigill vestr vel unus vestrum distincte et apertè sine dilatione mittatis et hoc sub poena centum librarum nullatenus omittatis nec aliqu vestr omittat Teste meipso apud Dublin _____ die Novembris Anno Regni nostri c. The returne hereof See antea titulo Surety for the peace Concerning the surety of the peace When a writ of supplicavit which in old time was called breve de minis as appeareth by the Register directed out of the Chancery is delivered to a Iustice of peace he is to direct his precept or warrant to compell the party upon that writ to finde surety for the peace as appeareth by Fineux chiefe Iustice in 21. H. 7. fol. 20. the forme of which precept or warrant may be thus in English George Multon one of the Iustices of peace of our soveraigne Lord the Kings Majestie within the County of Dublin Com. Dublin to the Sheriffe of the said County and to all the high Constables of the severall baronies within the said County and to all petty Constables and all and singular other the Kings Majesties Bailiffes and other ministers aswell within liberties as without in the said County and to every of them greeting Know yee that I have received the commandement of our said soveraigne Lord the King by his Majesties writ of supplicavit in these words reciting the whole writ of supplicavit which is not alwayes of one forme because it is sometimes directed to all the Iustices of the peace sometime to them and the Sheriffe and sometimes to one Iustice alone or reciting only the effect of the supplicavit thus Know yee that I have received the commandement of our said soveraigne Lord the King by his Majesties writ of supplicavit to compell A. B. of D. in the said