village iâ— parochia de A. and not of the parish onely But if there be but one village there the name of the parish onely or the name of the village onely or of the village in such a parish is sufficient And so if there be divers hamlets Cro. 102. a. nu 16. In an Enditement Si sit de pecunia numerata exprimere debet numerum genus pecuniae si massa rudis tum valorem si formata tum qualitatem pretium si sit panus tunc colorem pretium numerum ulnarum si animal tunc genus pilum pretium quòd felonâ—cè cepit illud contra pacem Cro. 103. a. nu 35. Stam. 81. Enquiry Justices of Peace may onely enquire and can proceed no further as in 1. Certain offences against the Supremacy 23 El. c. 1. 2. Treasons and misprisions of treason made by the 23 El. c. 1. 3. Offences against the statute of false rumours against the King 23 El. c. 1. Enquiry of a forcible entry vide Forcible entry Enquiry by presentment vide Presentment Enquiry by examination vide Examination Enquiry by information vide information Escapes Constable arresteth one that hath hurt aâ—other and voluntarily suffereth him to esâ—ape and he that was hurt dieth thereof within a year and a day the Constable shall make a fine to the value of his goods but it â—s no felony Lam. 134. To suffer a felon wilfully to escape is felony but a negligent escape is onely to be fined 1 R. 3 c. 3. Lam. 440. Dal. 276. Wilfull escape of one arrested for larceny man slaughter per infortunium se defendendo is not felony if the act were not felony at the time of the escape Lam. 230. Dal. 278. Crom. 39. a. nu â— Wilfull escape by the gaoler or keeper of a felon is felony in the gaoler not in the felon if the escape be caused by a stranger it is felony Lam. 229. Dal. 278. Escape suffered by him that receiveth a known felon is no felony Lam. 230. Dal. ib. but shall be accessary for that he was not arrested Cro. 39. a. nu 4. Vide plus Prisoners A prisoner under arrest onely escaping the escape must first be presented before he that suffered the escape shall answer it Dal. 278. A Justice sendeth for a felon out of the gaâ—â— and freeth him without bail it is felony iâ— the Justice Dal. ibid. A Justice pro defectu scientiae baileth one not bailable it is but a negligent escape Cro. 39. b. nu 4. Dal. 279. Offender upon his examination before a Justice confesseth the felony who letteth him go without commitment or bail it is a voluntary escape and so felony in the Justice Cro. 39. a. nu 7. 44. a. Dal. 304. A Town not walled must answer the escape of a manslayer in the day time 1 Cro. 40. b. nu 1. Dal. 299. The hundred must answer for a man slain out of the Town and for insufficiency the County shall be charged Dal. ibid. Gaoler or other officer suffereth his prisoner to go abroad for a time though the prisoner return as he was prescribed or let his prisoner go by bail or bast on it is a negligent escape and fineable But quaere for prisoners ought to be kept in salva arcta custodia Dal. 277. Cro. 39. b. nu 5. A Constable voluntarily suffereth a thief to drown himselfe this is felony in the Constable But if the thief without the assent of the Constable kill hang or drown himselfe it is a negligent escape in the Constable Dal. 276. Voluntarily escape of one arrested or committed for felony is felony in the Gaoler if for treason it is treason if for trespass it is trespass Dal. 278. Escheators other then those of a City or Borough that takes upon him the office not having lands in the Shire of twenty pounds per annum or for life at least or that hath sold or set to farm the office or made a deputy for whom he will not answer and whose name he doth not certifie within 20 daies into the Exchequer shall be fined 40 pound â—2 E. 4. c. 9. Lam. 429. Escheator taking for execution of any writ â—n any County above forty shillings or forty â—hillings where the land is not held incapite â—hall be fined forty pound 23 H. 6. c. 17. Lam. â—30 Escheator taking above 15 shillings for finâ—ing an office not exceeding five pounds a year loseth forty pound 33 H. 8. cap. 22. Lam. 430. Evesdroppers Evesdroppers which shall by night evesdrop mens houses are to be bound to the good behaviour Dal. 191. Evidences Justices of the Peace must binde over informers for felony to appear and give evidence against the felon at the next general Goal-delivery Dal. 49. Justices of the Peace must binde such as declare any thing material to prove the felony to appear at the next Goal-delivery and give evidence Dal. 303. If he which giveth evidence of felony to a Just of Peace against another will not be bound to give evidence at the Assises he shall be committed or bound to his gooâ— behaviour Cro. 102. b. nu 26. Dal. 25. Examination taken by a J. of P. of one couâ—ty may be certified into another county anâ— there read and given in evidence Dal. 303. Estreats Estreats are the extracts of fines forfeitures and amerciaments made by the Clarâ— of the Peace by indentures the one delivereâ— to the Sheriff the other to the Barons of the Exchequer Lam. 581. Estreats of the penalty for shooting in guns are to be recorded and sent into the Exchequer by the Justice that had the examinatioâ— of the matter Lamb. 297. Sheriff or his minister that shall levy anâ— of the Kings debts without shewing the party the estreats under the Exchequer seal shall be fined and pay treble damages to the party 42 E. 3 c. 9. 7 H. 4. c. 3. Lam. 432. He that estreateth issues of others then such who were chargeable or charged loseth five Marks to the King and as much to the party 27 El. c. 7. Lam. 432. Examination Felon brought before a Justice must be examined before he be committed to Prison the information of those that bring him must be put in writing within two daies after and the party bound to appear give evidence at the next Goal-delivery 2 3 P. M. c. 10. Lam. 212. Dal. 49 303. Before the statute the examination of a felon was not warranted at the Common law for nemo tenetur prodere seipsum but the offender shall not be examined upon oath Dal. 307. Circumstances observable in examination of a felon Lam. 218. Dal. 303. Cro. 98. a. In what offences conviction shall be by examination vide the several offences Conviction cannot be by examination onely but where the statute giveth it either by referring it to the discretion of the Justices or specially limiting it Lam. 534. Where the statutes limit conviction to be by examination general a Just of Peace may examine
to the house of Correction Dal. 78. Assent of two Justices is sufficient to the Churchwardens or Overseers or the most of them to bind as apprentices the sons of poor parents not able to keep and maintain them till 24 years of age or their daughters till 21 years of age 39 El. ca. 3. 43 El. ca. 2 Dal. 83. Lam. 331. 21 Jac. c. 28. continued by 1 Jac. c. 25. Disposition of money given for putting forth apprentices and the nomination and placing of them must be by the Corporation and in Towns not corporate by the Parson or Vicar Cunstable Church-warden and Overseers for the time being or most part of them the same to be according to the will of the Giver And any of the disposers forbearing and refusing to dispose of the money whereby it is not disposed shall lose 3 pounds 6 shillings 8 pence one moiety to the poor of the Parish the other to the Informer 7 Jac. ca. 3. Disposers of such money given for apprentices are to take bond with two sureties of such master or misâ—ress for such money as they shall so receive for the repaiment thereof at the end of seven years or three months after 7 Iac. cap. 3. Or if the apprentâ—ce die within 7 years then to repay the money within one year after such master or mistress death 7 Iac. ca. 3. The master or mistress dying within seven years the disposers are with the said money to put out the said apprentice to some of the said Trade to serve out the residue of his 5 years 7 Ia. ca. 3. Money given for putting forth apprentices is to be disposed within three months after the receit ibid. None above 15 years old are to be placed by the disposers and those to be of the poorer sort and for want of such they may chuse others of the Parish next adjoyning Ibid. Disposers of money for Apprentices are to account before two Justices next adjoyning yearly in Easter week or within a moneth after and within ten daies after such accompt made must deliver all such mony and bonds remaining in their hands to such as succeed in their rooms Ibid. He is no Apprentice if he be not reâ—ained by Indenture and by the name of an apprentice expresly Cro. 185. b. Breakers of trust for disposing money given for apprentices are to be examined and redressed by Commission out of Chancery returnable within 3 moneths and the party grieved by an act of the Commissioners is to be relieved upon his Bill in Chancery 7 Jac. cap 3. Certificate to the head-officer of City or Borrough that the parents of an apprentice to a Merchant Mercer Draper Goldsmith Ironmonger Embroderer or Clothier may dispend 40 shill freehold must be under the hands and seals of three Justices where the land lieth 5 El. c. 4. Apprentice is to be discharged by four Justices in open Sessions Dal. 79. The discharge of an apprentice is to be inrolled by the Clarke of the Peace 5 El. c. 4. Vide plus abourers A master putteth his apprentice into apparrel he cannot take it away though he part with his apprentice Dal. 96. Every housholder having half a plough-land in tillage may take an apprentice betwixt the age of 10 and 18. to serve in husbandry which must be by Indenture 5 Eliz. cap. 4. Approvers or Appeachers Goaler keeper or under-keeper by pain compelleth his prisoner to become an appeacher of others it is fellony 14 E. 3. cap. 10. Justices of Peace can take no appeal of an approver Lam 550. Stamf. 144. a. Dal. 320 One fellon accuseth another before the Justices of Peace they may take his confession and reprieve him and so proceed against the other Lam. 551. Archery Justices of Assise Goal-delivery and of the Peace and Stewards of Leets have power to enquire hear and determine of the Statute 33. H. c. 9. and also by their descretion examine all persons lacking and not having bows shafts and arrows according to the form of the said Statute viz. being under 60. years and have not in his house bow and arrows or have not used shooting And every man-child between 7 and 17 years of age not having a bow and two shafts and above 17 years four shafts he loseth for every moneth 6 shill 8. pen. Lam. 481. 33 H. 8. cap. 9 Armour Any except the Kings Officers and their company doing their service riding or going armed or bringing force in a fray of the people are to be imprisoned and lose their armour 2 E. 3. cap. 3. Dal. 35. Cro. 76. a. Justices of the Peace not looking to the execution of the Statute of fearing the country with going or riding armed upon enquiry by the Judges of Assise are to be by them penished 2 Ed. 3 cap. 3. The counterpain of the Indenture of armour to be kept by the Clark of the Peace 4 5 Ph. Ma. cap. 2. The Statute 4 5 Ph. Ma. concerning keeping of horses and armour with the penalties thereof are replyed 1 Jac. c. 25. Armour and Munition of a Recusant convicted being in his own possession or at his dispose other then such as shall be thought meet for the defence of his person and house by warrant of four Justices at the Quarter Sessions are to be seised and kept at such place as the four Justices at the Sessions shall appoint at the cost of the owners and they concealing or disturbing the delivery of it lose the armour and munition and by warrant from any Justice of Peace to be imprisoned 3 moneths without bail 3 Jac. c. 5. Recusant having his armour seised is to be charged with such armour and horse as he and other of his Majesties Subjects shall be commanded to serve with at musters 3 Jac. ca. 5. Any Justice of Peace may arrest any except the Kings officers and such as do him service that go armed and bind them to the peace or good behaviour Cro. 76. a. Dal. 30. Lam. of Const 13. A Justice of Peace may cause weapons to be taken from prisoners brought before him Dal. â—6 No servant in husbandry artificer victualler or labourer shall wear sword or dagser 12 R. 2. c. 6. Dal. 36. Cro. 76. b. Arrests An Arrest is a certain restraint of a mans person depriving it of its own will and liberty and binding it to become obedient to the will of the law Dal. 343. La. 93. Cro. 38. a. nu 1. All lay persons under the degree of a Baron or Peer of the Realm are subject to an arrest Lam. 93. Dal. 343. Ecclesiasticall persons not attendant upon divine Service may be arrested for the peace Lam. ibid. Dal. 166. Constable or Justice of Peace comming to arrest an affraier if he flie into another house they may in fresh suit break open the door and take him So if he flie into another County Lam. 134 Dal. 34. All that come to the Sessions for publick service or upon compulsion upon complaint and examination of the matter by
El. 25. Lam. 336. EXP. Accountant for mony levied for the goal to build it goeth into another County the Justices of Peace where the goal is may send an attachment for him unto another shire 23 H. 8. c. 2. 25 H. 8. c. 5. 5 El. c. 24. Lam. 525. EXP. Goaler suffereth a prisoner to go abroad out of his sight and he returneth not again it is an escape Cro. 39. b. nu 5. Goaler refuseth to receive one arrested for felony the Town must keep him till the Goal delivery Dal. 348. 349. Cro. 172. a. but the Goaler denying to receive such shall be punished by the Justices of Goal-delivery ibid. Goaler shall take no sees of any servant carpenter mason nor other labourer committed for refusing to serve on pain of 10 li. to the King and 100 shill to the party 34. F. 3. c. 9. Cro. 185. a b. Glass-men Glass-men of honest life may travel without begging within the County by licence of three Justices under their hands and seals one being of the Quorum 39 Eâ— c. 4. but by 1 Jac. c. 7. they are made rogues and so to be punished Goldsmith Goldsmith or worker of gold must work a fine silver or gold in allay as the sterling and set his mark on it or forfeit the double value 2 Hen. 6. c. 14. Lam. 467. None to gild any thing or any mettal but silver except spurs of Knights and appare's of Barons or above upon pain of ten times the value and a years imprisonment 8. H. 5. c. 3. Lam. 467. Good abearing Good abearing may be granted upon discretion and that by one Justice out of the Sessions yet better not to command it but upon special cause seen to themselves or upon suit of others and those very honest and seldome for one cause alone and not by one Justice only Lam. 120. Dal. 101. Good behaviour may be granted by special Writ out of the Chancery Custodibits pacis vice comiti eorum cuilibet upon the statute of 34 Ed. 3. 1. Lam. 117. Dal. 192. For what causes it is grantable Dalt 192. 1. Against common barrettors quarrelers and disturbers of the Peace 2. Rioters 3. Liers in wait to rob 4. Generally feared or suspected to be robbers by the High-way 5. Such as are likely to commit murder homicide or other grievances to the Kings subjects in their bodies 6. Such as shall practise to poison another 7. Against all such as be of evil name or fame generally but especially against such as are defamed in these particulars 1 Those that haunt bawdy-houses 2. Suspected to keep houses of common bawdery 3. Common whoremongers and common whores 4. Night-walkers that be suspected to be pilferers 5. Evesdroppers that cast mens carts and gates into ponds and such like misdemeaners in the night such as live idly yet fare well and go well clad having little to live on except upon examination they give good account of such their living 6. Common haunters of Alehouses or Taverns having small means to live on 7. Drunkards twice convicted 8. Messengers of thieves 9. Such as make false hue and cry 10. Cheaters and Couzeners 11. Libellers 12. The putative father of a bastard 13. Unlawful hunters in Parks after examination taken 14. Abusing of officers in executing their office as a Justice of Peace Constable or other officer of the Peace as a Justice seeth a man break the Peace and doth charge him to keep the Peace who answereth he will not Words of contempt against a Justice of Peace though he be not executing his office 15. Abusing a Justice of Peace his warrant 16. He that complaineth of riot or force and the Justices being assembled for enquiry will not prosecute 17. He that chargeth one with felony before a Justice and will not prosecute 18. Abusing of a Supersedeas of the Peace to a wrong end By divers Statutes 1. Disturbers of Preachers 1 M. c. 3. 2. Destroyers of fish-ponds or stealers of fish after lawful conviction 5 El. c. 21. 3. Takers of hawks or hawks eggs out of other mens grounds after a lawful conviction 5 El. c. 21. 4. Steelers hunters or killers of Deer or Cony in Park or Warren after a lawful conviction 3 Jac. c. 13. All these must be bound at the Sessions 5. Popish recusants must be bound in the King Bench 23 El. c. 1. 6. One pardoned for felony is to be bound before the Sheriff and Coroners 10 Ed. 3. c. 3. 7. Disturbers of the execution of the statute for rogues 39 El. c. 4. 8. Disturbers of execution of the statute for the poor 39 El. c. 4. 9. She that hath had twice a bastard 7 Jac. cap. 4. 10. Infected with the plague or having their houses infected and are unruly 1 Jac. c. 31. Greyhounds vide Hunting Guns and Gunners Gunner that departed from his Captain without licence or wandring with a forged licence it is felony Lam. 427. Every person may attach an offender against the statute 33 H. 8. c. 6. and carry him to a Justice of Peace Dal. 65. And the Justice upon examination may send him to the goal till the penalty be paid The particulars of the Stat. 33 Hen. 8. None under 100 pound per annum may shoot in or keep a gun dag pistol cros-bow or stone-bow None may have or use any gun under three quarters of a yard in length One of 100 pound per annum may take such gun from the offender or any cros-bow or stone-bow may keep the bow but must break the gun None may travel with a gun charged or bow bent but in time of service and to the musters except he have 100 pound per annum Dal. 65. None may shoot in a gun near a Market-Town but in defence of his house or person or at a But. The master may not command his servant to shoot except at a But or in War 1. Except Serving-men whose masters are enabled at a But. 2. Inhabitant of Market-town 3. Persons dwelling alone or near the Sea within five miles 4. Gun-makers 5. Those that have Placards All persons which shoot in guns other then such as have 100 pound per annum ought to present their names to the next Justice of P. and the Clark of the Peace should record it Dal. 66. maketh quaere if it be in use The Sheriff or any of his officers may carry guns dags or other weapons offensive or defensive for the execution of their office notwithstanding the statute of 33 Hen. Câ—k 5 72. Dal. 66. Any two Justices may commit for three months such as shoot with gun or bow at any partridge phesant house-dove mallard or any fowl or at any hare unless he pay 20 shillings 1 Jac. c. 27. Dal. 66. Vide Hunting Partridges Hares IF any have traced killed or destroyed any Hare in the snow he loseth 6 shill 8 pence for each Hare 14 H. 8. c. 10. Lam. 447. Buying selling of Hares vide Partridges See that Sâ—at 1 Jac. c.
of Peace twice in the year and give account upon oath of writing under the hand of the minister what rogues have been apprehended and how many punished 7 Iac c. 4. Constables not safely conveying to the house of Correction such as by the Justices of Peace at their meeting for the execution of the Statute 7 Iac. c. 4. shall be sent thither â—o pay such fine under forty shillings as by most of the Justices shall be assessed 7 Iac. c. 4. A woman having a bastard which may be chargeable to the Parish for the first offence to be sent to the house of correction one year for the second offence to be sent to the house of correction and to remain there as aforesaid till she finde sureties for the good behaviour and not to offend so again 7 Iac. c. 4. Any able to work and threatning to run away and leave their families upon the Parish upon oath of two witnesses before two Justices of the said division to put in sureties for discharge of the Parish or to be sent to the house of correction 7 Iac. c. 4. Master of the house of correction quarterly at the Sessions must yield account of such as have been committed or is to be fined by most of the Justices 7 Iac. c. 4. If any committed become troublesome to the countrey by going abroad or escape without lawful delivery the Master is to be fined by most of the Justices at the Q. Sessions 7 Iac. c. 4. All penalties not limited by the statute 4 Iac. 4. shall be paid to the Treasurer and accounted by him 7 Iac. c. 4. Vide plus Poor people Hunting One Justice of Peace upon information of any unlawful hunting of Deer or Conies by night or with painted faces or other disguising in forrest park or warren may make warrant to the Sheriff Constable Bailiff or other officer to take the party suspected and to bring him before him or some other Justice to examine him thereof and if he conceal the hunting or any offender with him therein the concealment is felony in the concealer but the truth confessed is but fineable at the next Quarter Sessions 1 H. 7 c. 7. Lam. 191. Dal. 180. To disobey such a warrant or make rescous thereupon so that execution of that warrant be not had is felony 1 H. 7. c. 7. Dal. 75. The Justice of Peace that taketh examination of the offender for unlawful hunting in parks c. may after the examination bind the offender to his good behaviour to the end he be forth-coming till the offence and the offender be lawfully examin'd Da. 75. 76. Unlawfully hunting by three or more will prove a riot Dal. 76. Any by night or day wrongfully entring into any inclosed ground kept for keeping of Deer or Conies and there chasing or killing of them upon conviction to be imprisoned three months without bail and there to continue till he pay treble damages and costs to be assessed by the Justices before whom he is convicted or pay to the party grieved ten pound for Deer at the election of the party grieved 7 Iac. c. 13. and find sureties for his good behaviour for seven years 3 Iac. c. 13. 7 Iac. c. 13. Lam. 449. The party grieved or the Justices of Peace upon satisfaction of the party grieved and confession of his offence and that he is sorry for the same in open Sessions may release the offender of his bond for the good behaviour 3 Iac. c. 13. The statute 3 Iac. c. 13. doth not punish offenders in parks or inclosed grounds made after the statute without the Kings licence 3 Iac. c. 13. Enquiring hearing and determining of offences against the Statute 3 Iac. c. 13. may be made by the Justice of Peace and Goal-delivery at the Sessions and they may award process upon indictments informations bills of complaint or other actions wherein no essoin c. 3 Iac. c. 13. Any not having lands of inheritance in his own or wives right of the clear yearly value of 10 li. or for term of life of 30 li. per annum or goods to his own use worth 200 li. keeping Greyhound to course Deer or Hare except the son of a Knight or Baron of Parliament or son and heir of an esquire upon conviction by confession or oath of two witnesses before two Justices of Peace where the offence is committed the party apprehended to be imprisoned three months without bail except he presently pay to the Churchwardens where the offence was committed or party apprehended 40. shill to the use of the poor of the said Parish 1 Iac. c. 27. Any having lands in fee-simple or fee tail of 100 li. per annum finding any not having lands of 40 li. per annum nor worth 200 li. in goods to use any gun bow dogs or engines for killing of deer or hare except parker or warrener or owners of either of them or other grounds inclosed for deer or conies that shall be yearly worth 40 shill may take any their guns bows engines and dogs and keep them to his own use 3 Jac. c. 13. Lay person not having in lands 40 s. per annum spiritual person a benifice not 10 li. per annum keeping dogs to hunt or using ferrets c. shall be imprisoned for a year 13 R. 2. c. 13. Vide Parks Hundred Hundred with the liberties therein to be equally taxed by two Justices of Peace one to be of the Quorum in or neer the hundred for relief of those that are robbed 27 Eliz. c. 13. Dal. 132 299. The robbed shall not have his action upon the statute of 27 Eliz. c. 13. except he first with all speed convenient give notice of the robbery to some inhabitant neer the place where he was robbed 2. Commence his suit with in a year next after such robbery committed 3. He being examined upon his oath within 20 daies next before such actions brought by one Justice where the robbery was committed dwelling neer to the hundred if he knew the robbers or any of them If he knew any of the robbers before such action he shall be bound before the said Justice to prosecute the offenders effectually by indictment or otherwise by course of law Dal. 131. The hundred must answer the loss if the robbers be not taken within 40 daies Dal. 131 299. Cro. 179. a. Vide Robbery A man is slain in the day time out of a town and the murderer doth escape the hundred shall be charged there with 299 Jury of one hundred may present an offence done in another hundred Lam. 399. Robbery in a house doth not charge the hundred though it be in the day-time Dal. 133. Robbery in the night doth not charge the hundred yet if it be by day-light though before sun-rising or after sun-setting the hundred shall answer it Dal. 133 Coke l. 7. fol. 6. If upon pursuit the offenders or any of them be taken the hundred shall not be charged Dal. 133. If the
a Justice of Peace being assaulted may commit the offender to prison Cro. 68. a. Lam. 134. Dal. 352. So Crompt thinketh that a Justice of Peace may record a forcible entry made upon his â—own possession and commit the offender Cro. 67. b. 68. a. nu 4. Justice of Peace chargeth one that maketh an assault or affray to keep the peace who answereth he will not the Justice of Peace may bind him to his good behaviour Dal 195. Justice of Peace must proceed by the prescript of the commission and statute Dal. 20. Where the statute referreth the trial c. 10 the Justice of Peace his discretion it seemeth he may examine upon oath Dal. 22 155. One Justice of Peace ought not to bind one to appear at the Q Sessions to answer his fault committed against a penal law except the statute of Labourers Lam. 187. Dal. 339. Every Justice of Peace is a conservatour of Rivers within his County Lam. 189. Justice of Peace not giving remedy to the party grieved in a cause that may be heard determined and executed by him upoâ— complaint to the Judges of Assize or the Lorâ— Chancellour is to be put out of commission bâ— the Lord Chancellour and punished accoâ—ding to his desert 4 H. 7. c. 12. Lam. 370. Crâ— 120. b. nu 6. Dal. 353. One Justice of Peace may command fresâ— suit hue and cry and search to be made by officers and others after thefts robberies injoyn watches for the arresting of suspecteâ— persons and night-walkers high-waies to bâ— enlarged that two Constables be chosen in every Hundred forbid Fairs and Markets iâ— Church-yards command all between 15 anâ— 60 to be sworn to the peace charge the Constable to arrest all such as be suspected to bâ— draw-latches wasters or robbers of men Lam. 185. Justices of Peace taking bond in his own name and not Domino Rigi in a cause touching the King is to be imprisoned 33 Hen. 8. c 39. Lam. 102 143. Justice of Peace at their Sessions are of equaâ— authority Lam. 385. Vide Cro. 122. a. nu 33. Justice of Peace must send his prisoner to thâ— common gaol Lam. 133. 5 H. 4. c. 10. A felon is brought before a Justice of Peacâ— upon suspition though it appear to the Justicâ— he is not guilty yet he may not set him at liberty but so as he may come to his trial Lam 233. Dal. 279 304 353. Cro. 40. b. nu 20. otherwise it will prove a voluntary escape iâ— the Justice for he is not to be delivered bâ— any mans discretion Dal. 8. Lam. ut supra A man is arrested for felony by a Constable or other who afterwards hath knowledge that there is no such felony done the opinion of Kâ—ble Comsby and Serjeant Frowick was that he might set him at liberty but if one be killed and another be arrested for suspition â—hough after he know the arrested is guiltâ—ess or was arrested for malice he ought not â—o set him at liberty but must be delivered by course of law otherwise it is felony Cro. 40. nu 20. b. Justice of Peace dwelleth or is in another county he cannot cause one to be brought before him out of the county where he is Justice into another county Dal. 23. Cro. 120. b. nu 12. What things Justices of Peace ought to do ex officio Record a demurrer upon the evidence Lam. 539. Give day to the party to bring in a Record that is before other Justices which is pleaded by way of justification Lam. 539. If thinking an enditement to be void they have discharged the prisoner paying his fees yet upon change of their opinion they may stay him any time before judgement Lam. 540. Justices of Peace ought not to suffer the King to be disadvantaged if they may lawfully prevent it Lam. 540. In absence of the Kings Atturney the Justices of P. may take issue with one that pleadeth a pardon that he is one of the parties excepted Lam. 540. Justices of Peace cannot acquit felons by proclamations but if no prosecution be theâ— are to keep them till the coming of thâ— Justices of gaol-delivery Lam. 550. Justices of P. may enquire of all manner oâ— felonies at the common law or given by any statute and of all manner of trespasse done against the peace of the King and of such trespasser wherein action of the case will lie â—â—â— trespass or deceit for in the end of the Wriâ— grounded upon the case it is contained contrâ— pacem nostram Cro. 8. a. nu 25. Justice of Peace shall be punished for conspiring with another to indict a stranger aâ— the Sessions but not for a thing done by hiâ— in Sessions as a Judge Cro. 122. a. nu 32. One Justice of Peace rebukes another neither he nor any of his fellow Justices can commit him for all are by one authority anâ— therefore hath no remedy if the King will noâ— remove him but if one Justice abuse anotheâ— in open Sessions it seems the rest may bind him to the Peace Cro. 122. a. nu 33. 134. b Lam. 385. Defaults against the statute 3 Hen. 6. c. 11. â—oâ— levying of wages for Knights of the shire arâ— to be heard and determined by enquiry foâ— the King or action for the party before thâ— Just of Peace Lam. 512. Justice of P. needs not to shew his commission by which he is made Justice when he justifieth the doing of any thing as a Justice for he is Justice of Record and the commission remaineth with the Custos rotulorum of the said County and he is called by the commission in open Assizes and Sessions Cro. 120. b. nu 13. Lam. 387. Justice of Peace hath a Record in his hands and is discharged of his office he cannot certifie the same without a Writ of Certiorari although he be made Justice afterwards Cro. 121. a. nu 15. 132. a. Justice of Peace may have his action of the Case against him that calleth him False Justice of the Peace It seemeth also that he may be indicted for they may enquire of all trespasses where a man may have his action of the Case Cro. 121. a. nu 21. 122. a. nu 29. Quicquid Justiciarius fecerit de Recordo â—gnoranter pro defectu scientiae non erit pro â—o punitus Sicut accidit de Seneschallo libertaâ—is Abbatis de Crowland qui colore libertatis de Infangthefe judicavit hominem mori contra â—egem pro eo libertas seisita fuit in manus Regis nulla poena Seneschallo Cro. 121. b. nu 24. â—usticiarius non potest puniri pro re per ipsum â—acta judicialiter sed Officiarii ut Vicecomes alli Officiarii be Recordo erunt puniti Cro. 122. a. nu 28. Justice of Peace certifieth into the Kings Bench that such a man broke the peace in â—is presence the party shall be put to his â—ne without any Traverse to the same Cro. â—32 a. Justice of Peace who is of the Quorum â—ught to
where such riot or rout shall be to do exâ—â—ution of the Statute under pain of 100 li. â— any other Justice that be not next unto â—e place shall execute the Statute it will exâ—use the next because all have power alike â—y the first part of the Stat. Lam. 326 327. Dal. 111. P. R. 30. Night-walkers vide Watches Noble Personages A Noblemans promise to keep the Peace hath been held sufficient Dal 165. Lam. 81 82. A Justice of Peace may not grant warrant of the Peace against a Lord of the Parliament Dal. 165. Nor against a Dutchess Countess or Baroness for they are Peers of the Realm and shall be tried by their Peers and have the same priviledges that Dukes Earls and Barons have Dal. 166. Dutchess Countess or any Noble by birth marrieth with a Gentleman she loseth not her name of dignity but if she be made noble onely by marriage and her husband dying marry a Gentleman she loseth herdignity Câ—o. 110. a. Dal. 166. Vide Clergy that a Nobleman may have his Clergy for any felony except wilfull murder and poisoning None are noble under the degree of a Baron Lam. 539. Non sanae memoriae There be three sorts of persons Non sanae memoriae or non compotes mentis Dal. 248. 1. A natural fool who is so from his birâ—h 2. He that was once of sound memory and after by sickness hurt or other accident or visitation of God loseth it 3. A lunatick qui gaudet lucidis intervallis and sometimes is of good understanding and sometimes is not compos mentis Nusance Every man may in a peaceable manner assemble a meet company to do any lawful thing or to remove or cast down any common Nusance Dal. 224. Cro. 66. a nu 64. One is indicted of Nusance and acknowledgeth it infinite distress shall go to the Sheriff to remove it and he shall not be received to his fine till the Sheriff return that it is removed Cro. 186. a. Obedience to the King IF any practice to absolve perswade or withdraw any from their natural obedience to the King or for that intent from the religion now established here to the Romish religion or to move them to promise obedience to the Sâ—e of Rome or other estate or if any have been willingly so absolved or have promised such obedience it is treason 23 El. c. 1. Lam. 412. Cro. 18. a. Colore Officii When officers take any thing Colore officii â— is taken in malam partem and is extortion â—nd the office is but a veil to cover the fault â—ut when it is ratione or virtute officii then it â—â— in bonam partem Cro. 57. b. nu 2. Ordinary His Fees vâ—de Fees The Ordinary oweth not his attendance at â—he Sessions of the Peace as he doth at the goal-delivery Lam. 395 396. The Court may allow Clergy in strictness of Law though the Ordinary or his deputy be not there Cro. 118. b. nu 44. Stam. 13. a. A felon adjuged to be hanged in failing to read may in favour of life have the benefit of Clergy at the Gallows By which it appeareth that the Ordinaries presence is not of necessity But this is intended where the felon is adjudged in the Kings Bench not at the Assizes for their commission endeth with their Sessions but before Justices of Peace it seemeth he may have his Clergy at the Gallows for their Commission continueth and may allow Clergy without an Ordinary Cro 116. a. nu 54 56. Stam. 132. b. yea oâ—e reprieved may pray his Clergy at the next Assizes Cro. ibid. nu 59. The Judges are Judges of the Clerks reading and not the Ordinary For if the Ordinary say that he readeth and cannot he shall be hanged and the Ordinary fined Cro. 119. a. nu 49. Vide plus Clergy â—xtortion Oath You shall swear that the surety of the Peace which you require against A. B. is not of any malicious intent for vexation but for very fear and for the needful preservation of your body and goods in safety so help you God Lam. 83. Oath of the Justices of P. vide Dal. 13. Oath of Supremacy Dal. 14. Oath of Constables and Churchwardens is to be enlarged vide Tiplers Oath of Allegeance Dal. 15. 3. Jac. cap. 4. 7 Jac. c. 6. The Custos Rotulorum or any two Justices of of Peace one being of the Quorum may take the oaths of Under-sheriffs of their County their Bailiffs Deputâ—es Clarks or under officers before they shall exercise their said offices Dal. 138. See 27 El. c. 12. the form of the Oath Quaere if Justices of the Peace may examine upon oath sureties of their sufficiency Dal. 171. Justices of Peace in their Sessions may do it Cro. 194. a. Br. imprisonment 18. Default of Under-sheriffs their Clarks Bailiffs c. in not taking theâ—r oaths for execution of their office is to be heard and determined at the Quarter-Sessions 27 Eliz. c. 12. Lam. 6 15. Under-sheriffs Bailiffs c. doing any thing contrary to their oaths lose to the party grieved treble damages 27 El. c. 12. Lam. 433. Where the refuser of the oath of Allegeance shall incurre a Praemunire vide Piaemunire Refuser of the oath of Allegeance is disabled to execute any place of judâ—cature or office being no office of inheritance or ministerial function or practice of the Law Civil or â—ommon or the science of Physick Surgery â—r the art of Apothecary or any liberal â—ience 7 Iac. c. 6. One Justice of Peace to whom complaint is â—ade may commit to the gaol without bail â—ll the next Assizes gaol-delivery or Quessions any above the age of 18 years under Baron or Baroness which stand presented â—dicted or convicted for not coming to â—hurch or not receiving the Communion â—r which by the Minister pety-Constable and â—hurch-warden or any two of them shall be â—mplained of to any Justice of the Peace and â—y him suspected may by such Justice be required to take the oath of allegeance and may be committed without bail till the next Assizes for refusing the oath of allegeance Iac. c. 6. Lam. 199. Dal. 82. 107. Two Justices of the Peace one being of the Quorum may require any person of the age of â—8 or above under the degree of a Baron or â—aroness to take the oath of allegeance and â—n refusal to commit him to the gaol without â—ail till the next Assizes or Quarter Sessions Iac. c. 6. Lam. 363. Where the examination of a Justice of P. is â—he conviction of the party there it ought to â—e upon oath but wheâ—e it is but to inform â—he Jury upon the indictment it needeth not â—am 536. Dal. 159. Though the statute doth â—ot expresly say it shall be upon oath Dal. â—â—id In cases of felony it seemeth convenient â—â—at the information be upon oath otherwise â—â—e examination shall not be given in eviâ—ence For If the examinate die before the trial the examination may be evidence without oath many will
c. 1. Presentment at the Quarter Sessions for exâ—olling the power of the Pope of Rome must â—e certified by the Justices of Peace before whom it was taken into the Kings Bench â—ithin 40 daies after if the term open if â—ot then the first day of the next term or eâ—ery Justice lose 100 pound 5 El. c. 1. Popish books Printer buyer seller or bringer from beâ—ond the sea of any Popish primer Lady-â—alters c. in any language or other superâ—â—itious books in English loseth 40 shill a â—ook whereof one part to the King another â—o the informer a third to the poor of the paâ—ish where the book shall be found 3 Ia. c. 5. Two Justices of the Peace may search the â—ouse or lodging of a popish Recusant or â—hose wife is such for popish books and reâ—ques and finding any unmeet for them to â—se must deface and burn them or being of â—alue deface them and restore them to the â—wner 3 Iac. c. 5. Poor people Traveller with wife and children not being â—rogne dieth or runneth away the Town â—here that happeneth is not bound to keep â—hem where they die nor send them away â—ut only in charâ—ty except they become â—andring rogues Lam. 208. Resol 7. Parents able to work are to finde their chilâ—â—en by their labour and not the Parish Reâ—â—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 oâ— 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 â—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 Justâ—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 â—aise the power of the county though indeed â—here were none Lam. 315. Dal. 114. Cro. 62. â— nu 22. 64. b. nu 49. Power of the county is raised without â—nowledge or information of a riot if when â—hey come they finde one it is lawful and â—hey may proceed to punish it Lam. 316. Dal. â—14 Cro. 62. b. nu 20. Power of the county in suppressing a riot â— de Riot The Justices of Peace Sheriff or Undeâ—heriff in levying power of the County may â—ave the aid of all the Knights and other â—emporal men under that degree that are aâ—ove the age of 15. and able to travel upon â—ain of imprisonment fine and ransome to â—he King Dal. 113. Lam. 315. Cro. 157. b. But it â—s referred to the discretion of the Justices how â—any or how few they will have and in what â—ort they shall be armed Dal. 113. Lam. 315. Cro. 64. b. nu 49. One Justice of Peace may take power of
total sum in any County where there shall be above fifty parishes do â—ot exceed six pence every parish 43 Eliz. â—ap 3. The said taxation to be assessed within â—hemselves and in default thereof by the Church-wardens and petty Constables or â—he greater part of them in default thereof â—y the Justices or Justice of Peace dwelling in â—he same parish or if none be there in the â—arish next adjoyning 43 El. c. 3. In default of payment of the same assess â—he Church-wardens and petty Constables may levy it by distress and sale c. and in their default the aforesaid Justices or Justice of Peace 43 El. c. 3. The Church-wardens and petty Constables are to pay over their collections to the high Constable ten daies before every Quarter Sessions and the high Constables at every Quarter Sessions are to pay it over to the Treasurer ibid. If any of them make default then the Church-wardens or petty Constables forfeit â—o shillings and every high Constable 40 shillings to be levied by the Treasurer by distress and sale for augmentation of the stock â—3 El. c. 3. Treasurer for maimed souldiers must be â—en pound in lands or fifty pound in goods â—n the subsidy and continue but for a year â—nd within ten daies after Easter Sessions folâ—owing to give account to his successor in â—efault thereof or for other misdemeanour in â—is office to be fined five pound or above by â—he more part of the Justices of Peace 43 El. â—ap 3. Souldier or mariner sick or maimed bâ— service in his Majesties pay upon lawful certificate thereof by the general muster-masteâ— or receiver of the muster-rolls Treasurer oâ— Controller of the Navy under his hand is to come to the Treasurer of the County wherâ— he was prest or if he were not pressed then to the Treasurer of the County where he waâ— born or last dwelt three years if he be able to travel so far or otherwise to the Treasurer oâ— the County where he landed by him to be relieved according to hâ—s discretion till the next Qu. Sessions at which time the more part of the Justices may according to their discretions grant him a pension during his life iâ— the said pension be not duly revoked or altered 43 El. c. 3. Treasurers are to make payment quarterly of such pensions as shall be granted by the most of the Justices at the Qu. Sessions under their hands and by them to be fined if they refuse to pay them 43 El. c. 3. Pensions of souldiers and mariners not having born offices are not to be above 10 l. under the degree of a Lieutenant 1â— l. a Lieutenant 20 l. 43 El. c. 3. Pensions are revocable or alterable at the discretion of the Justices in the Quarter-Sessions 43 El. c. 3. Treasurer where any maimed souldier or mariner shall arrive upon certificate though not allowed may give a testimonial of his own allowance and convenient relief to carry him to the next County leading him to the place where the general muster-master shall be and so may the Treasurer of each County leading him thither and from thence to the County where he is to have his pension 43 â—l cap. 3. Treasurer is to enter in to a book mony reâ—eived and disbursed with the parties names â—nd certificate to whom it was paid 43 El. cap. 3. Treasurer not allowing a certificate in the â—ct of 43 El. c 3. expressed must endorse the â—ause thereof on the certificate 43 El. c. 3. Souldier or mariner counterfeiteth a cerâ—ificate or having a pension beggeth he shall â—â—ose his pension and be adjudged a rogue â— 3. El. cap. 3. Souldier or mariner that cannot be relieved in the County where he was pressed by reason that the whole taxation is imploied â—hall be relieved where he was born or dwelt â—he last 3 years at his election 43 El. c. 3. Overplus of the stock for maimed souldiers is to be imploied by the greater part of â—ustices at the Qu. Sessions to such charitable uses as are set down in the statute for poor except it be by them reserved for future pensions 43 El. c. 3. Star-chamber The experience of the Star chamber is the best guide and direction for a Justice of P. Lamb. 175. Stolen goods After attainder upon evidence by the owner the stoln goods are to be restored to the owner by writ of restitution awarded by the Justices before whom the attainder was 21 H. 8. c. 11. Lam. 586. Da. 306. Cro. 191. a. Vide Reâ—titution of stolen goods Stewards of the Sheriffs turn Leet or Pâ—â— powders cannot grant surety of the peace uâ—less it be by prescription but every of theâ— may commit him to ward that shall make â— assray in their presence whilest they be iâ— execution of their office which the stewaâ—â— in a Court Baron cannot do Lamb. 14. Dal. â— 10 H. 6. c. 7. Br. Leet 36. Stock of the shire The parishioners and in their default thâ— Churchwardens and Constables are to asseâ— the tax imposed upon the parish by the Justices at Easter Sessions towards the relief of thâ— prisoners in the Kings Bench Marshalseâ— Hospitals and other losses by fire c. In default of them any Justice of Peace dwellinâ— in that parish or if none dwel there thâ— next Justice may assess the same and the samâ— Justice of Peace or any other Justice of Peacâ— in that limit in default of the Churchwardeâ— and Constables may levy the same by distreâ— and sale of the offenders goods rendring tâ— the party the overplus and in default of distress may commit such persons without batill they pay the same 43 El. c. 2 Dal. 139. In all taxations observe these rules Daâ— ibid. 1. The most reasonable taxation of land iâ— by the yearly value not the quantity 2. He that occupieth lands in his owâ— hands in several parishes shall be charged iâ— every parish proportionably for his lanâ— there 3. The farmer shall be rated for the land and not the lessor 4. A man is not to be rated for his farmâ—â—s for that the occupier of the lands is argeable for the same By goods in most cases a man may be raâ—â— as well as by lands but not both by goods â—â—d lands 6. A man shall be charged for goods only that town where the goods be at the time assessment the Constable and major part the Parishioners upon warning given in Church may make such taxations by law 5 67 Br. Quin. 4. 6. Dal. 140. The like may be done by the Churchwarâ—â—ns and the greater part of the Parishioners â—â—r Church charges Dal. ibid. If the greater part will not meet the offiâ—â—rs and such as will meet may tax Dal. ibid. Where a man is charged by goods they â—ust be bona notabilia Dal. 140. Vide Taxation Subsidy Upon proof before two Just of Peace that subsidy-man by covin hath escaped taxaâ—â—on they shall charge him at double the â—alue of so much as he ought to be taxed at â—â—d he shall
if he refuse to findâ— sureties to carry him to prison Dal. 186. The party attached can be bound onely â—â— fore him that sent out the Warrant Dal. 186 The Justice is to execute the Supplicavit aâ— it directeth Dal. 187. If the sums be left to discretion it is safe tâ— take good summes Dal. ibid. After sureties taken the Just may make him a Supersedeas Dal. 187. The Justice needs not return the Supplicavit nor make certificate until a Certioraridâ— come to him Lam. 109. Dal. 190. Supremacy To refuse the oath of supremacy the firâ—â— offence is Praemunire the second Treason â—â— Eliz. cap. 1. Surety of the P. is the acknowledgement of a recognizance to the King taken by a competent Judge of record for the keeping of the Peace Dal. 161. Lam. 75. Every Justice of Peace may take and comâ—and the Peace either as a Judge or a Miniâ—â—er Da. ibid. Justice of Peace may command surety of â—e Peace either of his own discretion â—â— at the prayer of another In what cases a Justice of Peace may command surety of the Peace by his own discretion Dal. 162. 1. One that maketh an affray upon the Juâ—â—ice himself or an assault 2. Such as in his presence make an affray â—pon another or offer to strike another 3. Such as in his hearing shall threaten to â—ill beat or hurt another or to burn his house 4. Such as in his presence contend only in â—ot words 5. Such as in his presence go or ride armed â—ffensively or with unusual number of serâ—ants or attendants and servants and laâ—ourers that bear any weapons contrary to â—he statute of 12 Ric. 2. c. 6. 6. Any person by him suspected to be inâ—lined to break the Peace 7. If the Constable bring one before him â—hat shall threaten to kill maim or beat anoâ—â—her 8. If the Constable bring one who in his presence attempted to break the Peace by drawn weapon striking or assaulting another 9. Whom the Constable findeth fighting or quarrelling in a house he may break open â—he door and bring them before a Justice of Peace to be bound 10. He may make his warrant for such â— have made an affray and bind them to thâ— peace 11. If one have received a wound he maâ— bind the one and the other till the wound bâ— cured and the malice over 12. Such as go or ride armed offensivelâ— to fairs or markets or wear or carry dags oâ— pistols charged 13. Common Baretors Dal. 163. 14. Rioters 15. Him that standeth bound to keep thâ— peace and hath forfeited his recognizance bâ— breach of the peace but not till he be convâ—cted and the forfeiture levied Dal. 163. Yâ— Cro. 141. saith that he may be bound â— new if he be only convict for breaking thâ— peace 16. Him that standeth bound if his suretiâ— be insufficient Just of Peace is to send to prison him thâ— refuseth to give sureties until he find surâ—ties Dal. 163. Cro. 138. b. nu 8. Justice of Peace may cause one to be aâ—rested to finde surety of the peace against another and grant a warrant for it for â—â— might have bound him of his own authoritâ— Dal. 163. Justice of Peace may perswade a man â— require surety of the peace against anâ—ther and grant a Warrant for it for â—â— might have bound him of his own authâ—rity Lam. 78. Dal. 162 336. At the request of another â—e may commanâ— surety of the peace but must first take an oâ—â— of the party that demandeth the peace thâ— â— standeth in fear of his life or of some bodiâ— hurt or to have his house burnt Lam. â— Dal. 163. Sureties in a recognizance ought to be â—wo and registred in Subsidy for though â—ome may be sufficient which were not asâ—essed yet it standeth not well together that â—e should be bound to the King in 10 li. or â—o li. that in Subsidy was not found worth â—ny thing Dal. 175. Justices of Peace in Sessions may exaâ—ine sureties upon oath of their sufficiency Dal. 175. â—uses to require surety of the Peace 1. He that is threatned to be hurt in body â—â—o be beaten wounded maimed or killed â—â—l 164. 2. He that feareth another will beat â—und maim or kill him Dal. ibid. 3. He that feareth another will burn his â—use Dal. ibid. 4. He that feareth that A. will procure aâ—her to hurt him in his body or burn his â—use Dal. 164. 5. If a man lie in wait to beat kill or hurt â—other Dal. ibid. Quaere if he threaten to burn his goods In what cases a man shall not have the Peace granted 1. To threaten one to imprison him Dal. â—4 Lam. 82. Cro. 135. a. Quaere tamen Br. â—ace 22. 2. Where one is in fear that a man will hurt his servant cattel or other goods Dal. 16 Cro. 138. a. Lam. 83. but he may have a wrâ—â— out of the Chancery Dal. seemeth to be â— the other opinion 164. 3. Because he is at variance with â—â— neighbour Dal. 164. Lam. 83. 4. Where there is no fear of present future danger Dal. 164. Lam. 84. 5. For a battery past yet a Justice if â— see cause may bind over the affrayers Dâ—â— 165. Pax Regis 14. Justice of Peace may deny to grant sureâ— of the peace if it be upon meer vexatioâ— yet if the party will take his oath it is nâ— safe to deny it Dal. 165. yet afterwards peâ—ceiving it to be of malice and for vexaâ—â—on he may bind the party so requiring it his good behaviour Against whom surety of the Peaâ—â— may be granted Against a Knight or any person under â— degree of a Baron Dal. 166. Against Sheriff Coroner Escheator â— other officer of Justice But it is not goâ— to bind them versus cunctum populum Dâ—â— 166. Lam. 80 81. Against any Ecclesiastical person not â—â—ing divine Service in the Church or Churâ—â—yard or other place dedicated to God Dâ—â— 166. 50 Ed. 3. c. 5. 1 R. 2. c. 15. One Justice of Peace may grant the surâ— of the peace against his fellow Justices thoâ— sitting in Sessions Cro. 134. b. Dal. 1â— Lam. 80. One Justice of Peace may demand the â—eace against another man Lam. 81. Dal. 67. The wife may demand the peace against â—er husband if he threaten to kill her or â—utragiously beat her or she have notorious â—â—use to fear it and the husband may crave â—e peace against his wife Dal. 167. Lam. 78. â—â—o 133. b. The peace may be granted to a feme covert â—â— an infant under the age of 14 years if he â—ave discretion to crave the peace but they â—ust be bound by sureties and an infant unâ—er that age may demand it Dal. 167. La. 79. A Lunatick may crave the peace and have â— granted him Dal. 167. Lam. 79. It may be granted against one attainted â—â—ther of treason or of felony or convict of â—eresie Dal. 168. and they may demand it â—am 79. It may be had against an excommunicate â—erson Dal. 168. and an
Treason is Treason by the Common law Stam. 32. Dal. 229. Forfeiture in case of Treason is of lands and goods to the King and at this day by 26 H. 8. cap. 13. 5 Ed. 6. c. 11. his lands entailed and his wife her dower saving in certain cases Dal. 234. Judgement and condemnation of a woman in case of Treason is to be drawn on a hurdie to execution and burned Stam. 182. Dal. 234. Treasurer Treasurer for relief of Goals is to be chosen at Easter Qu. Sessions by the more part of the Justices of Peace to be of 5 l. in lands or 10. l. in goods in the last subsidy to continue but for one year and then to give up his account at Easter Sessions to his successor 43 El. c. 2. The elected refusing the office or to give relief or accompt is to be fined by the Justices in Sessions or by the Justices of the Assizes by discretion but not undâ—r 3 l. 43 El. c. 2. Treasurer for Goals is to pay over to the Lord chief Justice and to the Knight Marshall quarterly such summes as the Justices of Peace do appoint 43 El. c. 2. Treasurer for maimed souldiers is to be elected by the more part of the Justices at Easter-Sessions and not being a Justice of Peace to be 10 l. in lands or 15 l. in goods in the last Subsidy to continue but one year and for refusing the office or misdemeanors c. to be fined by the more part of the Justices but not under 5 l. 43 El. c. 3. and to give up his accompt to his successor within ten daies after the Sessions The Churchwardens are ten daies before every Qu. Sessions to pay over to the High-Constables the taxation for Goals 43 El. c. 2. And the Churchwardens and petty Constable at the same time to pay to the High-Constable the tax for maimed souldiers 43 El. c. 3. And the High Constables are to pay the same to the Treasurers at the next Q. Sessions 43 El. c. 2 3. If default of paiment be made by the High-Constable he doth incur the penalties viz. of 20 s. a time for the Goal-money 43 El. c. 2. and of 40 s. for souldier mony c. 3. And if default be in the Churchwardens for Goal-money 10 s. a time if for souldiers mony the Churchwardens and petty-Constables lose 20 s. a time 43 El. c. 2 3. The said forfeitures to be levied by the Treasurer by distress and sale of the offenders goods and taken in augmentation of the stock Trespass vide Hedge-breakers Trial. As well noble men as Gentlemen in cases of Felony or Treason or misprision of Treason are to be tried by their equals Lam. 539. In Riots Routs unlawful assemblies and forcible entries Nobility shall be tried by common Jurors Lam. 539. All forein Pleas triable by Jury and pleaded by any indicted of Treason Murder or Felony shall be tried in the County where the party is arraigned and by Jurors of that County 22 H. 1. c. 14. 32 H. 8. c. 3. Lam. 552. Aliens indicted of Felony or of Murder must be tried per medietatem linguae Lam. 554. Peer of the Realm indicted of Treasons upon the statute of 3 Jac. c. 4. is to be tried by his Peers 3 Jac. c. 4. All Treasons misprision of Treasons and concealement of Treason done or committed out of the Realm shall be enquired and tried within the Realm 35. H. 8. c. 2. Dal. 235. Co. Inst. 261. b. He who is no Lord of the Parliament being arraigned for Treason or Felony shall be tried by Knights and others and not by Lords of the Parliament So shall Bishops by reason that they are Lords of the Parliament by their office and not in respect of their Nobility Cro. 110. b. nu 6. Stamf. 153. a. Turn of the Sheriff Indictment at the Sheriffs Turn to be certified to the Justices at the Quarter Sessions Vide Certificate Sheriffs Turn to be holden within a month after Easter or within the month after Michaelmas Lam. 504. â—streates of the Justices of Peace of Fines assessed upon presentments in the Turn being inrolled and indented are to be levied by the Sheriff to the use of him that was Sheriff at the time of presentment 1 Ed. 3. c. 7. Lam. 585. VAgabons vide Rogues Venire facias Justices of Peace may award a Venire facias against the inditour to amend a Bill upon the first oath Lam. 507. 8 H. 5. c. 8. Stam. 97. Justice of Peace cannot award a Venire facias tot matronas to know whether a felon be with child or no Lam. 551. Verdict The Jury in case of felony may give a special verdict if they will and the Court upon examination of the matter may adjudge contrary to the Verdict As The Jury found that A. killed B. se defendendo and upon examination of the matter the Court adjudged it to be manslaughter against the verdict Cro. 114. a. nu 1. Though the Indictment specifie the goods to be above 12 d. yet the Jury may say that the goods were worth but 8 d. upon which verdict it shall be taken as petty-larceny Cro. 114. a. nu 2. A man is arraigned of murder and by the Jury it is found but man-slaughter it is good Cro. 114. a. nu 3. Vessels Vessels of ale and beer are to be made of seasoned wood with the mark of him that sealed it Lam. 460. Every barrel for beer and every barrel for ale and so every lesser vessel by 32 H. 8. cap. 4. ought to contain under pain of 3 shill 4 pence for each default Beer Barrel 36. Gallons Kilderkin 18. Gallons Ferkin 9. Gallons Ale Barrel 32 Gallons Kilderkin 16 Gallons Ferkin 8 Gallons But now by the statute 1 Iac. c. 9. ale and beer shall be sold by retail by one and the same measure namely by the ale-quart Cro. 94 b. Dal. 152. Vide Assise of Bread and Beer Wine Tun 252. Gallons Dal. 162. Pipe 126. Oil Hogshead 63. Barrel 32 and half Hony Rundlet 16 and half But Crompton 94. b. saith Popham chief Justice saith that the measure of wine and ale should be all one and that so it was agreed by the Justices according to the standard of the Exchequer But note saith Crompton there that the ale-quart is greater for that the froth of the ale amounts a little and wine doth not froth and therefore there should be a nick in the top of the wooden â—an where the measure should be to which nick the ale should come Cro. 94. b. And so Master Wallis Clark of the Qu. market told him January 25. 1588. Herring the barrel half barrel firkin shall be of the same content that ale is namely the barrel 42 Gallons c. 13 El. c. 11. 11 H. 7. c. 23. Dal. 153. Sope and Butter shall be of the same content with ale and the empty barrel not to be in weight above 26 pound for the other vessels in proportioâ— 23 H. 8. c. 4. Dal.
husband only appearing the Recognizance is not forfeited Dal. 179. Quaeu tamen Cro. 144. b. Resolutions of the Judges of Assises 1633. 1. Question WHether the Churchwardens and Overseers of the poor of a Parish with assent of two Justices of the Peace one being of the Quorum may by the Statute of 43 Eliz. cap. 2. or any Law enforce a Parishioner of the same Parish to take a child of a poor Parishioner of the same Parish who is not able to keep his said child to be an apprentice Resol The Statute of 43 of Elizabeth which faith that the Churchwardens and Overseers of the Parish shall put out children to be apprentices necessarily implieth that such as are sit must receive Apprentices and the putting out of poor children to be Apprentices is one of the best ways for the providing for the poor 2 Q. If they may then whether they must not give money with him and who shall determine what money shall be given with him if the party that is to take such an Apprentice and the Churchwardens and Overseers cannot agree thereupon Resol There is no necessity that money must be given but that must be left to the discretion of the Churchwardens and Overseers all circumstances of age and ability being considered and if they cannot agree with the party then the Justices of Peace near adjoining or in their default the Sessions of Peace are to determine these Controversies 3 Q. Whether a Knight Gentleman Clergy man or Yeoman or one that is Sojourner using husbandry cloathing or grasing or the like may be enforced to take such an Apprentice Resol Every man who is by calling or profession or manner of living that entertaineth and must have the use of other servants of the like quality must entertain such apprentices wherein discretion must be given upon due consideration of circumstances 4 Q. Whether a wealthy man keeping few or no servants not wanting a servant but living privately may be enforced to take such an apprentice if not then whether he may be taxed toward the putting forth of such an apprentice Resol For the receiving of such apprentices the answer may be referred to the question next before but out of doubt every such person must contribute to the charge as to other charges for the provision for the poor 5 Q. Whether they may enforce a Parishioner that is of one Parish to take such a child apprentice that is of another Parish but within the same County or division if the proper Parish be not able to provide for the children of the same Parish Resol The Justices may provide Masters for them in other Parishes within the same Hundred if the same Hundred be not able then out of that Hundred in the rest of that County as for other provision for the poor which must be at a Quarter Sessions 6 Q. If such a Parishioner may be enforced to take such an apprentice and shall refuse not onely to take such an apprentice but also refuse to be bound to appear at the next Qu. Sessions or Assises what shall be done to him Resol If any refuse let such a one be bound over to the next Sessions or Assises if he refuse to give such bond let him be sent to the Gaol there to remain until he will give such bond 7 Q. If such a Parishioner who refuseth to take such an apprentice shall be bound over to the Sessions for not taking such an apprentice and when he appeareth there shall likewise refuse what shall be done to him and what shall be done to the parents who refuse to suffer their children to be put out to be apprentices themselves not being able to maintain them Resol If at the Sessions or Assises such a one refuseth to take an apprentice and his excuse be not allowed it is fit he be bound to the good behaviour and it will be a good course to indict such a refuser for a contempt and thereupon to fine and imprison him if he refuse to be bound to the good behaviour let him be imprisoned until he will and the Kings books of orders directs that such be bound with good sureties to appear at the Councel-board and if the Parents of such poor children refuse to suffer their children to be bound apprentices or being bound entice them away themselves not being able to maintain them let them be committed to the house of correction 8 Q. Whether it be in the power of any general quarter-Sessions to mitigate any penalty upon a Statute law if the party indicted shall submit himself to the fine of the Court and wave the traverse Resol If the party be convicted or confess the fault it is not in the power of the Court to mitigate the fine in such cases where the Statute makes it certain but if the party indicted protesting his innocency yet quia noluit plitare cum domino Rege puts himself up into the grace of the Court the Court may impose a moderate fine and order to forbear the prosecution 9 Q. If any be bound to appear at the Sessions and shall tender submission to the Court whether the Sessions may stay the indictment and mitigate the fine aforesaid upon the confession of the fact Resol This is answered before to the next precedent Article 10 Q. If a man be convicted for being drunk tipling and keeping an unlicensed Alehouse or being licensed for suffering others to remain tipling in his house or for swearing or driving Cattel upon a Sunday contrary to the statute in that case provided whether the Justice of Peace before whom he was convicted or any other Justice of the Peace may discharge him of all or part of the Forfeiture or punishment appointed by the Statute Resol The Justices have no such power of mitigation after conviction where the Statute appoints the measure of the punishment 11 Q. Whether a Constable may upon a warrant for carrying one to the house of correction for keeping an unlicensed Alehouse upon the second conviction break open the house wherein the party convicted is to apprehend him Resol This question is to be advised upon it is put in general terms and referred to be considered in the particular where it appeareth 12 Q. If a woman unmarried be hired from week to week or from half year to half year in one Parish and there be gotten with child and then goeth from thence unto another Parish where she is setled in service by the space of two or three months and then discover that she is with child The question is whether she shall be setled in the parish where she was begotten with child or in the Parish where she was last setled Resol The place where such a woman was lawfully setled is the direction in this case not where she was begotten with child 13 Q. If a woman servant unmarried be begotten with child and then goeth out of her Mistress service before or after it is discovered that she is with
reputed father Res that the Justices at their next quarter Sessions ought to have made a final order or to have affirmed or disallowed the former order And then afterwards have granted a reference to the same next Justices which made the first order to consider better of it and oâ— the proof and this had been according tâ— Law Resol That after an appeal to the Sessions â— and the Justices there do repeal the first order the matter then is as res integra beforâ— them and they may then grant a referencâ— to the two next Justices Note That the Recognizance thought to bâ— in the disjunctive viz. To perform the ordeâ— by them made or to appear at the next quarter Sessions and to abide the order there Note One Justice of Peace by his warranâ— may commit but the Mittimus being shewed and it not pursuing the Statute and the Recognizance not being in the disjunctive Smyth was bailed to appear at next Sessions c. Resol The reference by the Justices at the Sessions before they had allowed or disallowed the first order was illegal Bower against Panter Pasch 8 Car. B. R. Resol That upon the Stat. of 18 Eliz. cap. 3 that the Justices of P. at their Sessions not the Justices of Assises have power to meddle with bastard-children but upon an appeal setling But this is to be done by the two next Justices At Salop Assises 19 Martii 7 Car. 1631. This question was propounded to Sir Wâ—liam Jones Knight Justice of Affise by a Just oâ— P. viz. upon the stat of Eliz. c. 3. 7 Jac. c. 4. touching bastard-children by the first Stat punishment is inflicted and by the second iâ—â—he offend the second time she is to be sent to the house of Correction c. Upon this question was one had a bastard child but she was not questioned for it no proceedings being had against her upon the Statute of 18 Eliz. 3. Afterwards she had a second bastard whether she shall be proceeded against upon the Sâ—at of 7 Jac. 4. for the second offence or whether the second offence shall not be taken for the first Resol She shall not be punished upon the â—tat of 7 Jac. as for her second offence unless â—he had been before questioned and punished â—or her first offence but this second offence â—hall be now taken to be as her first offence â—nd so is to be punished for the same accordâ—ng to Law â—own of Tewksbury against the town of Twyning at Assises 9 Julii 8 Caroli 1632. A servant maid dwelling in Twyning was got â—ith child and being near her time was conâ—eyed by practice into an out-house in â—wksbury where the child was born afterâ—ard Twyning gave her relief and the Minister â—f Twyning christened her child and as soon as â—e was able to remove they of Twyning gave 〈◊〉 and her child relief for two years afterâ—ards the mother being sick they sent her any with her child to Longden in Com. Wigorn. â—here the mother died then they of Longden 〈◊〉 the child unto Twyning and they of Twyâ—â—â—g sent the child being under the age of â—â—â—ee years unto Tâ—wksbury and they sent it â—â—ck to Twyning Resol The child regularly is to be kept â—here it was born if no practice was used to â—â—ve it born here but if by practice then it is â—â— be kept by the parish where she did dwell and where she was got with child and whicâ— used practice to have the child born in another Parish which is the Parish of Twyning and so was ordered referred to the Justices oâ— Peace to examine the practice Ad Assizes 20 Julii 13 Caroli 1637. at Glove ' Anne Tarling having a bastard-child upoâ— complaint made thereof to the Sessions it waâ— refeâ—red to the next two Justices to examinâ— and order who did make an order againâ— John Wood to be the reputed father and ordered him to allow 1 s. 4 d. weekly â— Wood appeals to the Sessions where the saiâ— order was disallowed and one William Coâ— charged to be the reputed father Jones Justâ—ce without examining the cause confirmeâ— the last order made at Sessions which waâ— final and no appeal to be admitted against iâ— And in a Lincolnshâ—re cause one Pridgeon being questioned and found by two Justices tâ— be the reputed father of a bastard-child anâ— so made an order against him for allowanceâ— c. Afterwards he appeals to the Sessions where the said Pridgeon was discharged anâ— another was found to be the reputed fatheâ— and an order made against him Afterwards at another Sessions of the â—â— upon a re-examination another order waâ— made against the last order whereby Pridgeoâ— was found again to be the reputed father anâ— so ordered to maintain the child Pridgeoâ— appeals to the Judges of the Kings Bench. Resol that Pridgeon shall be freed from the second order at Sessions it being illegal And the first order made by the quarter-Sessions upon appeal to them to stand in force and no appeal to be admitted against it the same being final and not to be altred by the Judges of Assise And so it was resolved by the Judges of the Kings Bench. And so upon the Stat. 43 Eliz. cap. 4. for charitable uses if the Commissioners make an order or decree in the Case and upon appeal to the Lord Keeper and exceptions put in if upon that the decree made by the Commissioners be confirmed by the Lord Keeper this decree is by this made to be final and no subsequent appeal to be admitted Cases concerning provision for poor people Reves Case Mich. 7 Car. R. B. R. Stat. 43 El. c. 2. Poor REve was brought to the Barre by Hab. Corp. being committed by the Stat. of 43 Eliz. cap. 2. for that he being the reputed father of one Ben. Gregory a poor child who was mainâ—ained by the Parish of S. Gâ—les in the Fields and he being a man of ability refused to maintain the child or to find sureties for his appearance at next Sessions Reve moved that the commâ—tment was illegal being grounded upon the said Stat. wherein is this clause â—â—at the Father and Grandfather Mother and Grandmother the Children and Grandchildren of â—very poor person not able to work they being of abilâ—ty shall pay such rates and in such wise as the Justices of that County where such person dwels at their next quarter-Sessions shall assess upon pain of forfeiting 20 s. per mens Wherein there is no such person taken notice of as the reputed father of a bastard which is filius populi It also appeared that Reve dwelt in Suffolk and coming to London about Law-suits was taken by a warrant of a Just of P. of Middlesex Resol The granting the warrant was illegal and all the proceedings in Mid. coram non Judice Nor have the Justices any power at theiâ— Sessions in Middlesex to make any order the party living in another County And he iâ— not to be committed until an order