pain to forfeit 12. d. for every day IV. The Surveyours have power to appoint instead of a team two able Labourers to worke as aforesaid who shall not faile in pain of 12. d. a piece for every day V. Stewards in Leets have power to inquire after the breach of this Act and to set Fines upon those that make default at their diseretion and shall within six weekes after Michaelmas deliver indented estreats thereof under their hands and seales viz. one to the Bailiffe or high Constable of the liberty and the other to the Constables and Church-wardens of the parish where the default was made VI. In default of p̄sentmēt therof in Leets the Justices of P. in Sess shal enquire therof set such fines as they or two of them 1 Qu. shal think fit whereof the Clerk of the P. shall also deliver indented Estreates under hishād seal to the Const Churchw as aforesaid VII Their Estreats shall be a sufficient warrant for the Bailiffe or chief Const to levy the said Fines by way of distresse and if no distresse can be found or the party do not pay the fyne wihtin 20 dayes after lawfull demand he or they shall forfeit double so much All which fynes forfeitures shall be imployed towards the Amendment of the high-wayes VIII The Bailisse or high Const shall yearly betwixt the first of March and the last of Aprill render unto the Const and Churchw unto whom the other part of the Estreats was delivered a true Accompt of the moneys received by him in paine of xl.s. And the said Const and Churchwardens have power to call the said Bailiffe or high-Const before two or more Just of P. 1. Qu. to passe his accompt who have power to commit him untill he shall have satisfied all the arrerages by him received save 8. d. in the pound for his own Fee and 12. d. in the pound for the Fee of the Steward or Clerk of the P. and in this Case the succeeding Const and Churchw have the same power that their predecessors had IX Stat. 5. El. 13. It shall be lawfull for Surveyors to turn a watercourse hurtfull to the high-way into any mans ditch or to take rubbish ready digged in or neere any mans Quary and for default of gravell c. elsewhere to dig in any severall ground so they forbeare to dig in houses orchards gardens and meadowes or to make a pit above ten yards broad But if they fill not the place again with earth at he costs of the parish within one moneth after it shal be so digged they forfeit five marks to the owner of the ground to be recovered by Action of debt X. The hedges and ditches adjoyning to the high-way shall be kept low and scowred and the trees and bushes growing in the high way cut downe by the owners of the grounds which shall be inclosed by the said hedges and Ditches XI Instead of the foure dayes appointed by the Stat. of 2.3 P. M. 8. six dayes shall hereafter be observed XII The Surveyors or one of them shall present every default within one month after it shall be made to the next I. of P. in pain of xl s. and the said I. of P. shall certifie the same presentment at the next general Sess in pain of 5. l. where the Justices shall have power to enquite of the default And shall set such fyne upon the delinquent as they or two of them 1. Qu. shall think fit XIII Here the presentment of a Just of P. in Sess upon his owne knowledge shall be a good conviction whereupon the Justices in Sessions or any two of them 1. Qu. may assesse a fyne as well as upon a verdict of 12 men Howbeit the Delinquent shall here be admitted to his traverse as in other Cases XIV The Fines assessed in Sess shall be estreated by the Clerk of the Peace levied accompted and imployed as by the Stat. 2. 3. P. M. 8. is provided XV. Stat. 18. El. 10. A subsidy man according to 5. l. in goods or xl s. in Lands not chargeable towards the high-ways by the Stat. of 2.3 P. M. 8. or 5. El. 13. shall find two able men to labour in the wayes as by the said statute is appoined XVI Every person having a Ploughland lying in severall parishes shall be chargeable with a Teame or draught in that parish only where he dwels Howbeit having intire Ploughlands in severall parishes he shall for every one of them find a Teame in the severall parishes where they lye although he be not inhabitant there XVII Every person not scowring his ditches or not keeping low his hedges trees and bushes according to the Stat. of 5. El. 13. shall forfeit for every such default x.s. and for not scowring his ditches in the ground next adjoyning the highwayes to the end the water may have passage the better shall for feit 12. d. for every pole so left unscowred XVIII None shall cast the scowring of his ditch into the highway and suffer it to lie there six moneths in paine to forfeit 12. d. for every load and it shall be lawfull for the Surveyers to make sluces where any such Bankes have been heretofore cast up XIX The penalties forfeited upon this stat shall be levied by the Surveyors for the time being by distresse and sale of goods and shall be imployed towards the Amendment of the High-wayes but if the Surveyors neglect to doe it within one yeare after the offence commirted the Const and Churchw shall do it according to the provisions of the before recited Statutes XX. I. of Ass Oy and Term. Just of P. in Sess and Stewards of Leets have power to heare and determine the said offences XXI Certaine provisions for the repaire of Kings Ferry in the I le of Shippey and of the wayes leading thereunto XXII Stat. 39. El. 19. An Ordinance for the Repaire of the high wayes in the Welds of Sussex c. used for Iron workes wherein Just of P. have power to meddle See the Statute at large S. Bridges Holy-dayes I. Stat. 1. Car. 1. All concourse of people out of their own parishes for any pastimes whatsoever as also bearbaytings bull-baytings Enterludes Cōmon playes all other unlawfull pastimes are prohibitedon the Lords day II. The offender against this law being thereof convicted by the view of one Just of P. in the Country or of a chiefe officer in a Corporation or by his own confession or by the oath of one witnesse before one such Just or officer shall forfeit 3. s. 4. d. to the use of the poore where the offence is committed to be levied by distresse and sale of goods upon warrant from the same Just or officer by the Const or Churchw of the same parish and in case no distresse can be had the offender shall sit in the stocks three howres but this offence ought to be prosecuted within one moneth after it shall be committed And if the officer be
such book to be divided into three parts and imployed as aforesaid CXXIV Two Justices of Peace and all Maiors Bailiffes and head Officers have power to search the houses and lodgings of Popish Recusants convict and of every person whose wife is a Popish Recusant convict for Popish books and reliques and to burn or deface such as they shall finde in their custodie but such as are of value shall be defaced in open Sess and afterwards restored to the owner CXXV All the Armour Gunpowder and Munition of a Popish Recusant convict shall be taken from him by warrant from foure Justices of Peace at the generall Sess other then such weapons as shall be allowed unto him by the same Justices which said Armour and Munition shall be kept at the costs of such Recusant in such places where the said Justices shall appoint and shewed at every Muster as his armes together with his horse which hee shall buy provide and maintain for that purpose according to his ability as other subjects do And here the Recusant that refuseth to declare what armour or munition he hath or to deliver it to such persons as shall have power to sease it shall forfeit the same to the King and besides shall upon warrant from any Just of Peace of that County be imprisoned by the space of three moneths without baile CXXVI This Act shall not abridge Ecclesiasticall censures CXXVII Stat. 7. Ja. 6. Who shall take the oath of Obedience by whom it shall be ministred and within what time CXXVIII It shall be lawfull for any of the privie Councell or any Bishop within his Diocesse to require a Baron or Baronesse of eighteen yeers of age or above to take the said Oath And likewise for any two Justices of Peace one Quorum to require any person of the age aforesaid or above and under the degrees aforesaid to take the same Oath CXXIX If any Baron or Baronesse stand presented indicted or convicted for Recusancy three of the privie Councell whereof the Chancellor Treasurer Lord privie Seal or principall Secretary shall be one shall minister unto them the said Oath But if it be any other convicted person under those degrees or if the Minister petty Constables and Church-wardens of any parish or any two of them shall complain to any Justice of Peace of any person suspected for Recusancy then any such Justice may in either of these cases minister the said Oath and upon refusall shall commit the party to prison there to remain till the next Ass or Sess where if he again refuse to take it hee shall incurre a Praemunire except women covert who shall only be imprisoned and there remain without baile till they shall take the said Oath CXXX None refusing the said Oath shall be capable of any office of Judicature or other office being no office of inheritance or ministeriall function or to practise the common Law the civill Law Physick Surgery the art of Apothecary or any liberall science for gain CXXXI If a married woman being a convicted Recusant doe not conform within three moneths after conviction she shall be committed to prison by a privie Councellor or the Bishop of the Diocesse if she be a Baronesse but if any other of a lower degree then shall she be committed by two Justices of P. one Quorum and there shall remain till she conforme as aforesaid unlesse the husband for his wives offence will pay unto the King x. l. for every moneth or yeeld the third part of all his lands at the choice of the said husband CXXXII None shall goe himselfe or send any person whatsoever beyond sea to be trained up in Popery or any maintenance or reliefe to the party so sent or to any School or Religious house there in paine after conviction thereof to be adjudged unable to prosecute any suite in any Court of equity to be committee of any Ward executor or administrator to be uncapable of any legacy or deed of gift or of bearing Office within this Realme and besides to forfeit all his goods and chattels and his lands also during life But if hee conforme within six weeks after his return according to the Statutes in that case provided he shall not incurre the penalties aforesaid CXXXIII These offences shall be heard and determined by the Justices of the Kings Bench Assise Gaol delivery and Oyer and Termin of such Counties where the offenders did last dwell or whence they departed or where they shall be taken See Actions popular 18. Regrators See Forestallers Victuall 2. Riots Routs and unlawfull Assemblies I. Stat. 17. R. 2.8 The Sherisses and all other the Kings Officers shall supprese Riotors and imprison them and all other offending against the peace II. Stat. 13. H. 4.7 The Justices of Peace or two of them at least together with the Sheriffe or under-Sheriffe shall by the power of the County suppresse Riots Routs and unlawfull assemblies arrest the offenders and record what shall be done By which record of the said Justices and Sheriffe or under-Sheriffe the offenders shall stand convict as by the Stat. of 15. R. 2.2 in case of forcible Entries And if the offenders be departed the said Justices and Sheriffe or under-Sheriffe shall within a moneth after make enquiry thereof and heare and determine the same according to law See Force 2. III. If upon such inquiry the truth cannot be discovered in manner aforesaid then shall the said Officers within one moneth after such inquiry certifie the fact together with the circumstances thereof unto the King and his Councell which certificate of theirs shall be in the nature of a presentment by twelve whereupon the offenders shall be brought to answer and those that be found guilty shall be punished at the discretion of the King and his Councell IV. If the offenders traverse the said certificate then that together with the traverse shall be sent into the Kings Bench there to be tried V. If the Offencers upon the first precept do not appear before the Councell or in the Kings Bench a second precept shall issue forth upon which if they cannot be found or if within three weeks after Proclamation made agaist them in the next County Court after the delivery of the second precept they doe not make their appearance before the Councell in the Kings Bench or in the Chancery in vacation time upon returne of the said Proclamation they shall stand convict and attainted of the offence committed VI. Justices of Peace dwelling neerest the place where such offences shall be committed and Justices of Assise for the time they shall be in their Session in case any be then committed shall doe execution of this act in pain of 100. l. VII Stat. 2. H. 5.8 If default be found in the Justices of Peace or Assise or in the Sheriffe or under-Sheriffe touching the due execution of 23. H. 4.7 at the instance of the party grieved the Kings Commission shall go out to inquire as well of the truth
yeare nor above 12. d. for making of a bond in paine to for fet 20. l. to be divided betwixt the King and the prosecutor and also to suffer six months imprisonment See Actions popular 15. Wages S. Justices of P. 13 18. Labourers 15 c. Parliament Wagoner S. Holy-dayes 2. Waine-man S. Holy-dayes 2. Wales 1. Stat. 26. H. 6. Just of P. in the Counties next adjoyning to Wales may heare and determine the felonies committed in Wales and in the Marches thereof and how they may proceed therein II. Stat. 27. H. 8.7 The said Justices may heare and determine certaine offences there mentioned of Foresters in Wales about unreasonable customes and how they are to proceed therein III. Stat. 34. H. 8.26 In this Statute is set downe by whom the Justices of P. in Wales are to be appointed how many there ought to be in every County what manner of men they ought to be and how they ought to deale in their office concerning their Sess Certificates Fees Amerciaments and Fines together with divers other matters there mentioned S. Boat-men 1. Warrens S. Hunters Watches 1. Stat. of Winchester 13. E. 1.4 In great Towns walled the gates shall be shut from Sun-set till Sun-rising and none shall lodge without the Town unlesse his Host will answer for him for which purpose the Bailiffes of Towns shall make search once every fortnight at least and if they find any suspicious persons to have been lodged against the peace they shall do right therein II. Betwixt Ascension day and Michaelmas Watch shall be kept all night from Sun-setting till Sun-rising viz. in a City with six men at every gate in a Borough with twelve men and in every Town with six or four men according to the number of the inhabitants there and if any stranger passe by them he shall be arrested till morning and if he will not obey the arrest they shall levie Huy and Crie upon him III. Stat. 5. H. 4.3 Watches shall be made upon the sea-coasts as they were wont to be and in that case the Statute of Winchester shall be observed IV. In every Commission of Peace hereafter to be made this article shall be inserted That the Justices of Peace shall have power in their Sessions to enquire of Watches and to punish them which shall be found in default according to the tenour of the said Statute Watermen S. Boatmen Wax I. Stat. 11. H. 6.12 No Wax-Chandler shall sell or put to sale any Candles or other wares made of wax at a dearer rate then that he may have only iiii d. in every pound of wares over the price of plain wax in pain to forfeit all such waxes put to sale and the value of them sold and besides to make fine to the King II. Justices of Peace Maiors Bailiffes and Stewards of Franchises have power to examine and search concerning the breach of this law and also to heare and determine the offences committed against the same Stat. 23. El. 8. Wears S. Fishing 6 26. Weights and Measures I. Magna Charta 9. H. 3.25 One measure and one weight shall be used throughout England II. Assisa Penis Cervisia 11. H. 3. A Table of the assise of Bread according to Troy weight having twelve ounces in a pound and twenty penny weight in each of those twelve ounces Price of Wheat Penny White Penny Wheaten Penny Houshold s. d. l. oun d. l. oun d. l. oun d. 19 6 1 5 7 2 2 0 2 10 19 20 0 1 4 18 2 1 6 2 9 16 20 6 1 4 10 2 0 14 2 9 0 21 0 1 4 2 2 0 2 2 8 4 21 6 1 3 14 1 11 12 2 7 8 22 0 1 3 6 1 11 0 2 6 12 22 6 1 3 0 1 10 10 2 6 0 23 0 1 2 14 1 10 0 2 5 8 23 6 1 2 8 1 9 12 2 4 16 24 0 1 2 2 1 9 2 2 4 4 24 6 1 1 16 1 8 13 2 3 12 25 0 1 1 10 1 8 6 2 3 0 25 6 1 1 5 1 7 18 2 2 10 26 0 1 1 0 1 7 10 2 2 0 26 6 1 0 15 1 7 3 2 1 10 27 0 1 0 10 1 6 16 2 1 1 27 6 1 0 6 1 6 8 2 0 12 28 0 1 0 1 1 6 0 2 0 2 28 6 0 11 17 1 5 15 1 11 14 29 0 0 11 13 1 5 10 1 11 6 29 6 0 11 9 1 5 4 1 10 17 30 0 0 11 5 1 4 18 1 10 10 30 6 0 11 1 1 4 12 1 10 2 31 0 0 10 18 1 4 6 1 9 16 31 6 0 10 14 1 4 1 1 9 8 32 0 0 10 11 1 3 16 1 9 2 32 6 0 10 8 1 3 12 1 8 16 33 0 0 10 5 1 3 6 1 8 10 33 6 0 10 3 1 3 0 1 8 4 34 0 0 9 19 1 2 15 1 7 18 34 6 0 9 16 1 2 12 1 7 12 35 0 0 9 13 1 2 8 1 7 6 35 6 0 9 10 1 2 4 1 7 0 36 0 0 9 8 1 2 1 1 6 16 36 6 0 9 5 1 1 18 1 6 10 37 0 0 9 2 1 1 14 1 6 4 37 6 0 9 0 1 1 10 1 6 0 38 0 0 8 18 1 1 7 1 5 16 38 6 0 8 15 1 1 4 1 5 11 39 0 0 8 13 1 1 0 1 5 6 39 6 0 8 11 1 0 16 1 5 2 40 0 0 8 9 1 0 12 1 4 18 40 6 0 8 7 1 0 9 1 4 14 41 0 0 8 5 1 0 6 1 4 10 41 6 0 8 3 1 0 3 1 4 6 42 0 0 8 1 1 0 0 1 4 2 42 6 0 7 19 0 11 18 1 3 18 43 0 0 7 17 0 11 16 1 3 14 43 6 0 7 15 0 11 13 1 3 10 44 0 0 7 13 0 11 10 1 3 6 44 6 0 7 12 0 11 6 1 3 3 45 0 0 7 10 0 11 4 1 3 0 45 6 0 7 8 0 11 2 1 2 17 46 0 0 7 6 0 11 0 1 2 14 46 6 0 7 5 0 10 18 1 2 10 47 0 0 7 4 0 10 1â— 1 2 7 47 6 0 7 2 0 10 13 1 2 4 48 0 0 7 1 0 10 10 1 2 1 48 6 0 6 19 0 10 8 1 1 18 49 0 0 6 17 0 10 6 1 1 16 49 6 0 6 16 0 10 4 1 1 13 50 0 0 6 15 0 10 2 1 1 10 50 6 0 6 14 0 10 0 1 1 7 51 0 0 6 12 0 9 18 1 1 4 51 6 0 6 11 0 9 16 1 1 2 52 0 0 6 10 0 9 14 1 1 0 52 6 0 6 8 0 9 12 1 0 17 53 0 0 6 7 0 9 10 1 0 14 53 6 0 6 6 0 9 8 1 0 12 54 0 0 6 5 0 9 6 1 0 10 54 6 0 6 4 0 9 5 1 0 8 55 0 0 6 3 0 9 4 1 0 6 55 6 0 6 1 0 9
chief Officers of the said Cities Boroughs and Market Towns which shall have delivered unto them such weights and measures sealed with the letter H. crowned or with the first letter of the name of the present King of England for the time being shall have authority and power to signe like weights and measures unto any of the Kings subjects duely requiring the same taking for the marking of every bushell only one penny L. None shall use any other weights or measures but such as are so marked LI. Maiors and chiefe Officers shall at least twice every yeer view all measures and weights within their jurisdictions and break or burn them which they finde defective and also inflict punishment upon the offenders viz. for the first offence vi s. viii d. for the second xiii s. iiii d. and for the third xx s. and besides adjudge them to the pillory LII Two Justices of Peace one Quorum have authority as well by examination as inquiry to hear and determine the defaults of Maiors and other head Officers and also of buyers and sellers contrary to this act and to set fines and amerciaments upon the offenders at their discretions and the defective weights or measures are to be forfeited and burnt LIII Eight bushels of corn raised and stricken shall be accounted a Quarter 14. l. a stone of Wooll and 26. stone a sack Howbeit this Act shall not extend to any person selling or buying by water measure within ship-board whereof every bushell shall containe five pecks raised and stricken LIV. Within the Cinque Ports the Lord Warden or his Lieutenant shall order the weights and measures LV. Stat. 12. H. 7.5 A Bushell shall containe 8. gallons of Wheat and every gallon 8. pounds of Wheat Troy weight and every pound 12. ounces and every ounce 20. sterlings or penny weights and every sterling shall weigh 32. graines of Wheat that grew in the midst of the eare of Wheat And a standard for the Kings treasury is to be made according to this Assise LVI Whereas the weights and measures sent downe to Cities and Boroughs last yeare by the Stat. of 11. H. 7.4 were found defective others more perfect shall be sent thither at the charge of the said Cities and Townes according to which all other weights and measures shall be regulated upon the paines in the said Statute contained LVII Stat. 16. Car. 19. There shall be one weight and one measure according to the standard of the Exchequer throughout the Realme and every measure of Corne shall be striked without heape LVIII Whosoever shall sell by or keep any other weight or measure whereby any thing is bought or sold after six months after this Sess of Parliament shall forfeit for every such offence 5. s. being thereof lawfully convicted by the oath of one witnesse before a Justice of P. Maior or other head Officer in their severall precincts respectively who shall have power to administer an Oath in that behalfe which said forfeiture shall be levied by the Church-wardens and Overseers of the poore or one of them where the offence shall be committed to the use of the poore there by distresse and sale of goods rendring the overplus to the party offending And in default of distresse it shall be lawfull for any Justices of P. Maior or other head Officer in their severall precincts respectively to commit such offender to prison untill he shall pay the summe so forfeited LVIX The Clerk of the Market of the King or Princes houshold and his deputies shall only execute their office within the verge and not elsewhere And head Officers of Corporations and Lords of Liberties and their deputies may execute theirs in their severall precincts as they might have done before this Act was made LX. If any of the Officers aforesaid shall seale any weight or measure which is not agreeable to the said standard or shall refuse to seale such as are agreeable thereunto the party paying only such fees for the allowance thereof as are warranted by Statute or some ancient custome they and their deputies respectively shall for every such offence forfeit 5. l. to be levied as aforesaid to the use of the poore where the offence was committed LXI If they shall take any other fine fee reward or summe of money then what are allowed by Statute or some such ancient custome for the signing or examination of any weights or measures which have beene formerly marked or sealed or shall impose any fine or amerciament without a legall triall of the offence or shall otherwise misdemean themselves in the execution of their office and shall be thereof lawfully convict they shall forfeit for the first offence 5. l. for the second 10. l. and for every other offence 20. l. to be levied as aforesaid to the use of the poore where the offence was committed LXII He that is fined or amerced by this Act shall not be again punished for the same offence by force of any former Law or Statute LXIII This Act shall not extend to the measure of Rent-corn nor to Water-measure LXIV If any Officer authorised for the execution of this Statute shall be impleaded for any act he shall do therein he shall plead the generall Issue not guilty and yet give this Statute or any other speciall matter in evidence And if he be found not guilty or the Plaintiffe be non-suited he shall recover treble costs Wild Fowle Stat. 25. H. 8.11 None shall destroy or take away the eggs of any wild Fowle in paine to forfeit for every egge of a Crane or Bustard so taken or destroyed 20. d. of a Bitter Herne or Shovelard 8. d. of a Mallard Tele or other wild Fowle 1. d. to be divided betwixt the King and the prosecutor And here Justices of P. shall have power to inquire heare and determine offences of this kind as they use to do in cases of Trespasse S. Hawks 19 20. Hunters 7. Wines I. Stat. 7. E. 6.5 None shall utter Wine by retaile in any other place then in Cities Boroughs Port Townes or Market Towns or in Gravesend Sittingborne Tuxford or Bagshot in paine to forfeit 10. l. for every day that they sell Wine otherwise II. None shall utter Wine by retaile in any City Borough or Corporation but by license of the most part of the Common-Councell Aldermen Burgesses or Communalty there under their common Seale nor in any City Borough Port towne or Market town not Corporate or in Gravesend Sitting-borne or Bagshot without licence of the Justices of P. of the County in Sess under their Seales in paine to forfeit 5. l. for every day that they sell Wine otherwise which said Officers Communalty and Justices have power to continue or change such licences at their discretions but shall not licence above two in one place in paine to forfeit 5. l. a piece except in these hereafter following in which it shall be lawfull to licence more then two viz. in London 40 York 8 Norwich 4 Westminster 3 Bristoll 6 Lincolne 3 Hull 4 Shrewsbury 3 Exeter 4 Salisbury 3 Glocester 4 Westchester 4 Hereford east 3 Worcester 3 South-hampton 3 Canterbury 4 Ipswich 3 Winchester 3 Oxford 3 Cambridge 4 Colchester 3 Newcastle 4 III. None shall sell or utter Wine by retaile to be spent in his or their mansion house or in any other place in their tenure by any colour craft or engine in paine of 10. l. IV. The abovesaid forfeitures shall be divided betwixt the King and the prosecutor V. Justices of P. within every County and Corporation in Sessions Stewards in Leets and Sheriffes in their Turnes have power to enquire by the oaths of twelve men of all offences committed against this Act in which case the forfeitures which shall thereupon grow due shall be divided betwixt the King and the poore of the Towne or place where the presentment shall be found VI. This Act shall not prejudice the liberties of either of the Universities nor charge any person offending unlesse the suit be prosecuted within a yeare S. Weights 6. Witchcraft I. Stat. 1. Jac. 12. If any shall be lawfully convicted to have used or practised the invocation or conjuration of any evill spirit or to have taken up any dead person out of their grave or any part of such person to be used in witchcraft or inchantment or to have used witchcraft wherby any person hath been killed pined or made lame they together with their accessaries shall be adjudged felons without benefit of Clergy II. If any shall be lawfully convicted to have taken upon them by witchcraft inchantment charme or sorcery to discover any place of hidden treasure or where lost or stollen goods are become or to provoke any person to unlawfull love or to destroy or impaire any cattell or goods or to hurt or destroy any person in their body although the same be not effected they shall for the first offence suffer one whole years imprisonment without bail and once in every quarter of that yeer at a Market or Fair stand upon the pillory six hours and there openly confesse the offence committed and for the second offence shall suffer as a felon without benefit of Clergy But here shall be no losse of dower or disherison of heire and in these cases a Peer being an offender shall be tryed by his Peers Witnesse S. Perjury 8. Wood. Stat. 35. H. 8.17 Two Justices of Peace appointed by the more part of the other Justices have power in a form there set down to set out between the lord of a wood and his commoners when they cannot agree the lords part which being as neer a fourth part as can be laid out the said lord or owner shall inclose or sell at his pleasure See Corns Wooll Stat. 2 3. P. M. 13. Justices of P. about Hallifax in Yorkshire have power to punish such of the inhabitants there as having bought wooll doe sell the same again in any other place and not in Hallifax or to the richer sort there or to such as sell it again and not to the poor to be wrought into yarn See Actions popular 18. Writs S. Processe Supersedeas FINIS
Customers 54 Cutpurse 54 Cutting out of tongues c. 54 Cutting of a pond head 54 D Deeds 55 Deer 55 Divine Service 55 Dying Dyers 55 Drapery 55 Drover 59 Drunkennesse 59 E Ecclesiasticall Court 60 Egyptians 61 Embracery 62 Endictments 62 Enquests 62 Escapes 62 Escheators 62 Estreats 63 Excommunicate persons 64 Extortion 64 F Faires 64 Fasting-dayes 64 Feasants 64 Felonie 65 Felons goods 67 Fighting and quarrelling 67 Fish fishers fishing 68 Fish dayes 73 Fishmongers 75 Force forcible entry 75 Forrests 77 Forestallers 77 Franchises 80 Fruiterers 80 Fuell 80 G Games 81 Gaole Gaolers 81 Gold Gold-smiths 81 Grain 82 Green wax 82 Guns 82 Gunners 85 H Habeas corpus 85 Hares 85 Hats 85 Hawkes 85 Herring 92 High-wayes 92 Holidayes 97 Horse bread 98 Horses 98 Hospitals 103 Hostlers 102 Houses of Correction 103 Huy and Crie 103 Hunters Hunting 105 I Jesuits 108 Images 108 Imbezelling of a Record 108 Imbracery 108 Indictments 108 Informations 109 Ingrossers 110 Inholders 110 Inmates 111 Inquests 111 Inrolements 111 Inventories 111 Jurors 112 Justices of Peace 113 K Kidder 119 Kings Bench 119 L Labourers 119 Lader 132 Larcenie 132 Latten 132 Leather 133 Letters of Administration 144 Liberties 144 M Mainprise 145 Maintenance 145 Malt 150 Marches 148 Mariners 149 Markets 149 Marshals of the Kings Bench 149 Marshalsie 149 Marshes 149 Masons 149 Matrimony 149 Measures 152 Millers 152 Money 152 Mortuaries 153 Murder 154 N Newes 156 O Oatmeale 156 Oathes 156 Old field dike in the Isle of Ely 156 Ordinary 156 Outlawed persons 157 Outlawries 157 P Pannell 157 Pardon 157 Parks 158 Parliament 159 Partridges 160 Paving 160 Penall Statutes 160 Perjurie 160 Petty Treason 162 Pewter 162 Physicians 162 Pillory 163 Plague 163 Playes 165 Ponds 167 Poor people 167 Poulters 172 Powdike in Norfolke 172 Poysoning 172 Presentments 172 Priests 172 Prisons Prisoners 173 Probat of Wils 175 Processe 175 Prophecies 175 Purveyors 176 Putting out of eies 188 Q Quarrelling 188 Quarter Sessions 188 R Rape Ravishment 188 Record 190 Recusants 190 Regrators 224 Riots 224 Robbery 229 Rogues 229 Rome 230 S Sacraments 230 Sacriledge 237 School-masters 237 Scotland 237 Seminary Priests 237 Servants 237 Service divine 237 Sewer 237 Sheep 238 Sheriffes 238 Shipwrights 243 Shoomaker 243 Silver 243 Skinners 243 Souldiers 243 Stabbing 244 Stewards of Lects 244 Strangers 244 Supersedeas 244 Sundayes 245 Swans 245 Swearing 245 T Tanner 246 Testimoniall 246 Tiles 246 Tinne 247 Tithes 248 Toll 248 Transportation 248 Treason 249 Trespasse 249 V Vagabonds 250 Victuall Victuallers 259 Vintners 261 Under-Sheriffe 262 Usury 262 W Wages 264 Wagoner 264 Wainman 264 Wales 264 Warrens 265 Watches 265 Watermen 266 Wax 266 Weares 266 Weights 266 Wild fowle 283 Wines 283 Witchcraft 285 Witnesse 286 Wood 286 Wooll 286 Writs 286 FINIS ERRATA Page 40. line 7. read 33. and l. 33. r. 39. p. 52. l. 5 6. r. land being free-hold and inheritance p. 56. l. 4. r. 39. El. p. 69. l. 10. r. conservators of the Statutes p. 70. l. 32. r. former pag. 88. l. 26. r. Stewards in Leets p. 103. l. 6. r. felons p. 105. l. ult r. before himselfe p. 116. l. 12. r. Banneret p. 120. l. 5. r. within like time shall p. 150. l. 11. r. of this Statute l. 12. r. after it p. 152. l. 22. r. from the King p. 163. l. 19. r. of them p. 167. l. 21. r. by two p. 225. l. 33. r. 13. H. 4. p. 236. l. 32. r. 26. p. 238. l. 20. r. by the. p. 252. l. 28. r. as shall be assigned by six or more of the privie Councell whereof the Lord Keeper c. STATUTA PACIS Or A perfect Table of all the Statutes now in force which any way concern the Office of a Justice of Peace Abjuration see Title Bailment 1. Hunters 1. Recusants 51 52 58 61 62 69. and Weights 18. Actions popular and Informations I. STat 4. H. 7. cap. 20. Recovery in an action popular by Covin shall be no bar of an action sued for the same thing bona fide II. Here the defendant attainted of collusion shall suffer two yeers imprisonment to be prosecuted within one yeer III. No release of a common person shall in this case discharge an action popular IV. Yet no collusion is in this case averrable where the point of the same action or the collusion it self hath been tried by verdict V. Stat. 18. El. 5. An Informer shall exhibite his suit in proper person and pursue it by himself or by his Atturney in Court and that by way of information or originall action and shall have no deputie and all this in pain of 10. l. and the pillory VI. A note of the time of exhibiting the Information shall be truly taken and from thenceforth it shall be accounted to be of record before which time no processe shall issue out upon it VII The Clerk that makes out the processe shall endorse the Informers name and also the statute upon which the information is grounded in pain of xl s. VIII No Jury shall appear at Westminster for a tryall upon any penall law when the offence was committed above 30. miles from Westminster except the Atturney generall for some reasonable cause require the same Clause 17 18. IX No Informer shall compound with any defendant before answer nor then but by consent of Court in pain of 10. l. and the pillory X. Where the Informer delaies or discontinues his suit or otherwise is non-suit or overthrown the Court shall assigne costs to the defendant to be immediatly levied by execution issuing out of the same Court XI Justices of Oyer and Terminer Just of Ass and Just of Peace in their Sessions have power to hear and determine these offences XII This Act shall not restraine Actions brought for maintenance Champerty buying of Titles or Imbracerie nor any certaine person or body politique to whom any forfeiture or penaltie is especially limited nor certaine officers which have lawfully used to exhibite Informations 15. and 18. XIII Stat. 31. El. 5. Informers heretofore restrained by order of any Court shall not pursue Actions popular XIV In popular Actions the offence shall be layed to be done in the Countie where indeed it was done or otherwise if the defendant traverse and disprove that point the plaintiffe shall be barred 18. XV. This Act doth not restraine officers which have lawfully used to exhibite informations nor Actions brought for Champertie buying of Titles extortion offences against the stat of 1. El. 11. concerning the light landing of Marchandize and custome of sweet wines concealing of Customes c. corrupt Usury Forestalling Regrating or Ingrossing when the penaltie shall amount to 20. l. or above For in all these cases the offence may be laid in any County 18. XVI Popular Actions where the King only hath the forfeiture shall bee commenced within two yeares where he hath onely a part and the Informer the rest within one yeare and in this last case upon
Tithingmen Ale-cunners and Sidemen shall be charged in their oathes to present the offences committed against 1. Jac. 9. and 4. Jac. 5. according to the alterations of this Act. XXVIII Stat. 1. Car. 4. The Inne-keeper Alehouse-keeper or Victualler which suffers any person whatsoever to sit tippling in his house shall incurre the penaltie of 1. Jac. 9. to be proved levied and imployed as in that statute is appointed XXIX Vintners which doe also keepe Innes or Victualling houses shall bee taken to be within this Act as also within the stat of 1. Jac. 9. and 4. Jac. 5. XXX Stat. 3. Car. 3. None shall keepe Alehouse without licence in paine to forfeit 20. s. to the poore which the Const and Churchw upon warrant from the Justice before whom the offence is proved shall levie by distresse which within three daies may be sold to satisfie the penaltie And in case the delinquent hath not wherewithall the said Justice shall commit him to the Const to be openly whipped And here the view of one Just the confession of the partie or proofe by two witnesses is sufficient Conviction XXXI Here the officer that neglects to execute the warrant or to punish the offender shall suffer imprisonment without baile or pay 40. s. to be imployed as aforesaid XXXII In this case if the Alehouse-keeper offend the second time he shall be committed to the house of correction for one Month and for the third offence shall not be thence enlarged but by order of Sessions XXXIII The Offender once punished by this Act shall not bee againe punished by 5. 6. E. 6.25 contrà XXXIV This Act shall not restraine the selling of Ale and Beere in Faires Aliens S. Archerie 9. Brasse 9. Victuall 3. Almes-houses S. Poor people 15. Archerie I. Stat. 33. H. 8.9 Parents and Masters shall provide for each of their sons and male-servants betwixt the ages of 7. and 17. a Bow and two shafts and cause them to exercise shooting in paine of 6. s. 8. d. II. Sonnes and maleservants betwixt the ages of 17. and 60. shall be furnished with a Bow and two Arrowes and practise shooting therewith in paine of 6. s. 8. d. III. None under the age of 24. yeares shall shoot at any standing marke except at Rovers changing his marke every shoot in paine of 4. d. a shoot and none above that age shall shoot at any marke of 11. score distance or under in paine of 6. s. 8. d. a shoot IV. None under the age of 17 yeares shall shoot with a Bow of Ewe except his parents be worth 10. l. per Annum in lands or 40. markes in goods in paine of 6. s. 8. d. V. The Inhabitants of every towne shall continue their Buts in good repaire in paine of 20. s. for every three months default VI. For every Bow made of Ewe the Bowyer not inhabiting in London or the Suburbs thereof shall make foure and the Inhabitant there two Bowes of other wood in paine to forfeit for every such Bow unmade 3. s. 4. d. 12. VII Fletchers of London may sell seasonable timber to forraigne Fletchers without prejudice VIII Artificers of Archerie not Freemen nor paying scot and lot shall remove their abode from London and the Suburbs thereof to what other place they shall be assigned by his Majesties Councell the Lord Chancelor Treasurer Privy Seale or one of them in paine of xl s. for every day they make their abode contrarie to this Act. IX Aliens shall not convey Bowes and Arrowes out of the Realme without his Majesties Licence in paine of Imprisonment without baile untill they shall make fine to the King to be set by at least two Justices in Sessions or give security for the same neither shall they use shooting in paine to forfeit their Bowes and Arrowes to bee taken from them by any of the Kings Subjects X. Justices of Ass G.D. and of P. in Sess and Stewards in Leets shall heare and determine the Breach of this Act. XI The one Moity of all these forfeitures is given to the prosecutor and the other where there is no Leet is given to the King and where there is a Leet to the Lord of that Leet XII Stat. 8. El. 10. The clause of 33. H. 8.9 which enjoynes to make Bowes of other wood then Ewe shall not binde any Bowyer dwelling in London West minster or Southwarke S. Arrowheads 1. Actions popular 17. Apprentices S. Labourers Armour Armed men I. Stat. 2. E. 3.3 None shall come with force and Armes before the Kings Justices or other his Ministers nor goe or ride armed in affraie of peace in paine to forfeit their Armour and to suffer imprisonment at the Kings pleasure II. Justices of P. and other officers have power to put this Act in execution and the Justices of Ass shall inquire of their default in that behalfe III. Stat. 7. R. 2.13 None shall ride in Harnesse contrary to 2. E. 3.3 in paine to forfeit the same IV. Stat. 20. R. 2.1 The statutes of 2. E. 3.3 and the 7. R. 2.13 shall be duly observed upon the paines contained in the said Stat. of 2. E. 3.3 and besides to make fine to the King S. Recusants 125. Arrests S. Sheriffes Arrow-heads I. Stat. 7. H. 4.7 Justices of Peace have power to punish such as make defective Arrow-heads Artificers S. Labourers 20. Assise of Ale and Beere S. Victuall 5.7 Weights Attainders S. Certificate 1. Badger Lader Kidder Carrier Drover Transporter of Graine c. I. STat. 5. El. 12. None but a married man and housholder of the age of xxx yeares at least shall take upon him to bee a Badger c. neither hee without Licence in open Sess of the Countie where hee hath dwelt by the space of three yeares before under the hands and seales of at least three Justices 1. Qu. in paine of 5. l. which Licence shall remaine in force for one yeare only from the date thereof And all Licences otherwise granted shall be void II. The Justices of Peace in Sess shall at their discretions take Recognisances of Badgers c. that they shall not forestall or ingrosse or put in practice any Act contrary to 5. 6. E. 6.14 III. The Clerke of the Peace shall write and enter the Licence and Recognisance and his Fees shall be viz. for writing the Licence 12. d. for writing the Recognisance 8. d. and for entring them both into a Register Booke 4. d. which Booke hee shall bring to every Sessions IV. This shall not give liberty to any Badger c. to buy graine out of the Market to sell againe unlesse there be speciall words in his licence to warrant the same in paine to forfeit for every time so offending 5. l. V. The one Moity of these forfeitures is given to the Queene and the other to the Informer VI. The Queenes Moity shall be estreated according to the usuall manner and the Informers levied by fieri facias or Capias But
Brasse tinne pewter c. in paine of 5. l. to be divided as in the former Statutes XV. Stat. 33. H. 8.7 and 2. E. 6.37 None shall convey out of this Realme Brasse Copper Latten Bell-metall Pan-metall gunne-Metall nor shroffe metall cleane or mixed tinne and lead only excepted Bridges I. Mag. Cart. 9. H. 3.15 No towne nor Freeman shall be distrained to make bridges or Bankes but such as of old time and of right have beene accustomed to make them II. Stat. 22. H. 8.5 Foure Iustices 1. Qu. shall in Sessions inquire heare and determine the annoyances of Bridges and of the high-wayes adjoyning within 300 foote next vnto the said Bridges and shall also charge such as should repaire them by sending forth processe or setting paines as they shall think fit III. When it cannot be knowne what precinct should repaire a Bridge or way they shall be repaired by the County Riding or Corporation within which they are scituate and if they happen to be scituate in two of such precincts the Inhabitants there shall repaire their severall parts respectively IV. The said foure Iust have power to call before them the Constables or two able men of every parish and by their assent to make a taxe and Collectors to levie the same by distresse and Sale and also to make Survey ours of the said decayed Bridges and wayes unto whom the Collectors shall pay the money levied which said Collectors and Surveyours shall render an Accompt vnto the said Iustices upon pain of Imprisonment without Baile V. The said Iust may in this case send processe out of their jurisdiction which the officers to whom it is directed shall obey and serve in paine to be fined by the said Iustices VI. This Act shall not extend to the five Ports nor to the members of the same save only that their officers shall have such power to reform annoyances of Bridges and wayes there as the Iust of P. have elsewhere by force of this Act. VII The said Iust shall allow to the said Collectors and Surveyors their reasonable charges VIII Stat. 3. Ja. 23. An Act for the new making and keeping in repaire of Chepstow Bridge Brewers Stat. 23. H. 8.4 The forfeiture of a Brewer that doth sell his vessels of Ale and beere for more then they shal be assessed at by the Iustices of the County or the head officers of a Corporation within their severall limits respectively is x. s. for any vessell greater then a Barrell 6. s. for a Barrell 3. s. 4. d. for a kilderkin 2. s. for a firkin and 12. d. for every lesse measure to be equally divided betwixt the K. and the prosecutor S. Purveyors 56. Victuall 2.10 weights 4.7.13 Buggery I. Stat. 25. H. 8.6 Buggery shall be accounted felony and the Offender therin shal not have his Clergie II. Iustices of P. have power to enquire heare and determine this offence III. Stat. 5. El. 17. The Statute of 25. H. 8.6 is revived Burglary House-breaking I. Stat. 3. 4. E. 1. Hue and Cry shall be made after Burglers II. Stat. 23. H. 8.1 Clergie shall not be allowed to any principall or Accessarie that is found guilty of Burglary when the owner his Children or Servants shall be in the house and put in feare Stat. 1. E. 6.12 by night or by day Stat. 4. 5. P.M. 4. III. Stat. 25. H. 8.3 Clergie shall not be allowed to a Burgler that stands mute or makes peremptory Challenge of above xx Stat. 1. E. 6.12 IV. Stat. 5. 6. E. 6.9 Clergie shal not be allowed although the Burglarie be committed without the notice of the owner Children or Servants any of them being within the house or precincts of the same So it is also for Burglarie committed in Boothes or Tents Stat. 18. El. 7. V. Stat. 39. El. 15. Clergie shall not be allowed to any that feloniously takes away any thing in the day time amounting to the value of 5. s. out of any dwelling house or out-house although no person be within or neer the same S. Clergie Felonie 15. Burning of Houses c. I. Stat. 23. H. 8.1 Clergie shall not be allowed to the principall or Accessary that is found guilty of the malicious burning of a dwelling house or a Barn of graine Stat. 4. 5. P.M. 4. II. Stat. 25. H. 8.3 Nor to the wilfull Burner of a house according to the tenor of 23. H. 8.1 which stands mute or makes peremptory Challenge of above xx Stat. 4. 5. P.M. 4. Includes the Accessarie also III. Stat. 37. H. 8.6 For the malitious burning of waynes or Carts loaden Heapes of wood or the frame of a house the offender shall suffer as in case of Felonie and shall forfeite his goods and profits of his lands during his life but his wife shall have her Dower and his heir the inheritance only out of profits of the lands the heire shall satisfie damages to the partie grieved S. Bailement 1. Clergie Butchers I. Stat. 51. H. 3. Butchers that sell contagious flesh or that died of the Murren shall be presented and punished II. Stat. 4. H. 7.3 Butchers shall kill no Beasts in London any walled towne or Cambridge except Barwicke and Carlile in pain to forfeit for every Oxe 12. d. and for every other Beast 8. d. to be equally divided between the K. and the prosecutor III. Stat. 3. 4. E. 6.19 A Butcher shall not buy Cattell and sell the same againe alive in pain to forfeit the one half to the K. and the other to the prosecutor Note that the Statute of 24. H. 8.9 which prohibiteth Butchers to kill weaning Calves under the age of two yeares is expired See 21. Jac. 28. S. Forestallers 5. Leather 13. Victuall 2.10 Weights 14. Butter Cheese I Stat. 3. 4. E. 6.21 None except Inholders and Victuallers in their houses shall buy any Butter or Cheese to sell again save only by retaile in open shop Faire or Market and so not above a wey of Cheese or a Barrell of Butter at one time without fraud in paine to forfeit double the value thereof to be equally divided betwixt the K. and the prosecutor II. Stat. 21. Jac. 22. The Statute of 3. 4. E. 6.21 shall not extend to the Retaylers of Cheese in London Westminster or Southwark having served seaven yeares in that trade and not uttering above 4 wey of Cheese or 4. barrels of Butter at one time without fraud III. Justices of P. in Sessions have power to restrain the retailing of Butter Cheese during which restraint those that retail shal be lyable to the penalty of 3. 4. E. 6.21 and 5. 6. E. 6.14 which see in Forestallers S. Corne. 1. Butts S. Archerie Buying of Titles S. Mainteynance Calves S. Leather 12. Captaines Souldiers Musters Marriners I. STat. 1. E. 3.5 No man shall be compelled to arme himselfe otherwise then in times past neither shall any man be compelled to go out of the Shire save where necessity
mute or make no direct answer thereunto see 2.3 E. 6.33 XII A Pecre of the Realme for his first offence of Felonie though he cannot read shall be admitted to his purgation as a Clerk convict XIII Stat. 4.5 P. M. 4. Accessaries before the face which are found guilty of Petty Treason Murder Burglary Robbery or house-burning or which upon their Arraignement for these offences stand mute challenge above xx or answer not directly shall not enjoy the benefit of Clergie XIV Stat. 8. El. 4. He that is delivered to the Ordinarie and admitted to his Clergie shall notwithstanding his Purgation answer for offences formerly committed XV. Stat. 18. El. 7. An offender admitted to his Clergie after burning in the hand shall not be delivered to the Ordinary as hath beene used but shall thereupon be enlarged by the Justices before whom such Clergie shall be granted or by them deteyned longer in Prison at their discretion so it be not for longer time then one whole year XVI He that shall be admitted to his Clergie shall notwithstanding that answer for other felonies XVII Stat. 1. Ia. 8. He that stabs or thrusts any person not having a weapon drawne or not striking first so that he dies thereof within six moneths after although it be not of malice forethought shall not enjoy the benefit of Clergie XVIII This Act shall not extend to charge any with stabbing or thrusting when it is done only Se defendendo by misfortune or in chastising his Childe or servant with no purpose to commit Manslaughter S. Burglary Clerk of the Peace I. Stat. 37. H. 8.1 The Custos Rotulorum shall appoint the Clerke of the Peace who may execute the same Office by a deputy if he please II. This Act shall not restraine the Arch-Bishop of York the Bishops of Duresme or Ely nor any other who by the Kings Letters Patents or otherwise have before the making of this Act power to choose a Clerk of the Peace within any precinct or liberty S. Badger 3. Certificate 1. Clerk of the Crown S. Certificate Clerk of Assise S. Certificate Clerk of the Market S. Weights Cloth S. Drapery Coine S. Money Commons S. Horses Commissions S. Just of P. Conies S. Hunting Conjuration S. Witchcraft Conspiracy S. Labourers 3. Masons Conspirators I. Who be Conspirators See Stat. 33. E. 1. II. Their punishment and what Justices shall inquire of them viz. Just of both the Benches of Assise See Stat. 28. E. 1.10 Mainteynance 8. S. Felony Convictions S. Certificate 1. Cookes S. Victuall Copper S. Brasse Corne. I. Stat. 2. P. M. 5. None shall transport any Corne Bcere Butter Cheese Hering or wood beyond the Seas or into Scotland in paine that the owner shall forfeit the Vessell wherein it shall be carried the owner of the goods double that value and the Master of the ship all his goods and suffer one yeares imprisonment without Bayle The one Moyty of these forfeitures to be to the K. and Q. and the other to the prosecutor II. If one licenced to transport Corne victuall or wood transport more then his licence will warrant he shall forfeit the treble value and suffer one years imprisonment without Baile III. Hee that hath licence to transport Corn victuall or wood shall imbark all at one place in paine to forfeit the same and besides all his goods The one Moity to the King and Queen and the other to the prosecutor IV. Justices of Peace within three years after the abovesaid offences shall be committed have power to hear and determine the same and also to examine the Masters and Marriners of ships concerning the premisses V. This Act shall not restraine lthe transportation of Graine when Wheat is sold for 6. s. 8. d. Rye for 4. s. Barly for 3 s. the quarter save only to the K. and Q. enemies nor the victualling of ships nor be prejudiciall to the Admiralls jurisdiction VI. Stat. 13. El. 13. The Lord presidents and the Councells in the North and Wales the Justices of Assise in their Circuits and the Justices of Peace in their Sessions have power to licence or prohibite the transportation of Corne at their discretions Provided their order be first approved by the Queene or her Councell which also may be countermanded by the Q. proclamation if there be cause for it VII Stat. 3. Car. 4. Corne may be transported to the Kings Allies when wheate is sold for 32. s. Ry for xx s. Pease and Beans for 16. s. and Barly or Mault for 16. s. the quarter or under S. Badger Forestallers 6.10 Corners I. Stat. 3. E. 1. Officium Coronatoris See the Statute at large II. Stat. 3. H. 7.1 A Coroner shall execute his office according to law in paine of 5. l. and shall have for his Fee 13. s. 4. d. of the goods of the Murtherer if he have any if not then out of such Amerciaments as shal be set upon the Towneship that suffered the Murtherer to escape III. Stat. 1. H. 8.7 Where one is slaine by misadventure the Coroner shall then also execute his office without Fee in paine of 40. s. IV. Justices of Peace have power to enquire of and punish the defaults and extortions of Coroners V. Stat. 1.2 P. M. 13. The Coroner shall bind by Recognisance all such as can declare any thing materiall against the Murtherer to appeare at the next G. D. and shall there make Certificate of the said Recognisance as also of the Evidence and inquisition taken before him and all this in paine to be fined by the Just of the said G. D. Costermongers S. Victuall 10. Cottages I. Stat. 31. El. 7. None shall erect or convert a Building to be a Cottage for habitation unlesse he lay foure acres of land of an Inheritance so neere unto it that they may be conveniently occupied with it in paine to forfeit to the Q. Majesty x. l. for every such erection or Conversion and 40. s. a moneth for the Continuance II. No owner or occuptier of any Cottage shall place or willingly suffer any more families then one to co-habite therein in pain to forfeit to the Lord of the Leet x. s. for every moneth he so continues them together III. Justices of Assise Justices of Peace in their Sessions and Lords of Leets have power to hear and determine these offences IV. This Statute shall not restraine the erecting making or continuing of Cottages in Market townes or for Labourers in mynes or quarries within one Miles distance from the said Mynes or Quarries or Sea-faring men within one Miles distance from the Sea or a Navigable River or for a Keeper Warrener shepherd Heards man or impotent person Covin Collusion S. Actions popular 1 2 3 4. Counterfeit Letters or tokens I. Stat. 33. H. 8.1 A person convict of getting into his hand money or goods by a false token or Counterfeit letter shall suffer such corporall punishment as shal be prescribed by them before whom hee shall be so convicted death
shall be assigned keepers of the Peace by the Kings Commission who together with other wise and learned in the Law shall have power to heare and determine Felonies and Trespasses done in the same Counties and to inflict punishment according to Law and reason VIII Stat. 34. E. 3.1 There shall be assigned in every County for the keeping of the Peace one Lord and three or four of the most worthy of the County with some learned in the Law who shall have power to arrest and Chastise rioters Barretors and other offenders according to the law and their owne discretions to bind people of evill fame to the good behaviour and to heare and determine felonies and trespasses done in the same County IX All generall inquiries heretofore granted within any seigniories for the mischiefes done there shall from henceforth cease and be repealed X. The fines imposed by I. of P. for trespasses shall be reasonable and just XI Stat. 42. E. 3.4 All commissions of inquirie except of Escheatorship shall be directed to the Justices of the one Bench or other to the Just of Ass or to the most worthy in the Country and to none other XII Stat. 12. R. 2.10 In every Commission there shall be but six Justices assigned who shall keep their Sess every quarter at least in pain to be punished at the discretion of the Kings Councell XIII Every Justice of P. shall have for his wages 4. s. a day and the Clerke of the P. 2. s. for so longtime as the Sessions shall last to be paid by the Sheriffe out of the Amerciaments arising at the same Sessions XIV No steward of any Lord shall be assigned in any Commission neither shall any association be made to the Justices of Peace after the first Commission XV. Judges and Serjeants at Law shall not be bound to attend the Sessions but when they may conveniently intend it XVI Stat. 13. R. 2.7 Notwithstanding the Stat. of 12. R. 2.10 which prohibits the stewards of Lords to be Justices the most sufficient Knights Esquires and Gentlemen of the Law shall be put in Commission and sworne to put in execution without favour all statutes which concern their office XVII Stat. 14. R. 2.11 There shall be 8. Justices of Peace assigned in every County XVIII Double estreats of Amerciaments at the Sessions shall be made containing the names of all the Justices there present and the number of dayes they sit and one of them delivered to the Sheriffe out of which he is to answer the Justices their wages by indenture according to which the Sheriffe shall be again allowed the wages in the Exchequer upon his accompt But no Duke Earle Baron or Baronet although he be Justice of Peace and hold Sess with the other eight shall have any wages allowed him XIX Stat. 17. R. 2.10 In every Commission of Peace two men of Law of the same County shall be assigned to goe and proceed to the deliverance of Theeves and Felons XX. Stat. 2. H. 5.4 Justices of the Peace in every Shire named of the Quorum shall be resiant within the same Shire except Lords Judges Serjeants at law the Kings Atturney and shall keep their Sessions sour times in the year viz. in the first week after Michaelmas Epiphany Easter and the translation of Saint Thomas being the third of July and more often if need require XXI Stat. 11 H. 6.6 No suit before Justices of P. shall be discontinued by a new Commission of Peace XXII Stat. 14. H. 6.4 Just of Peace in Middlesex are not compellable to keep their Sess above twice in the yeare notwithstanding the stat of 12. R. 2.10 Yet may they keep them oftner if need be at their discretions XXIII Stat. 18. H. 6.11 None except men learned in the Law or inhabiting Corporations shall be Justices of Peace unlesse their lands be worth xx l. per Annum XXIV If any be put into the Commission not having lands of that value and doe not within one moneth after his notice thereof acquaint the Lord Chancellor therewith or doe make warrant by force of such Commission he shall forfeit to the King xx l. to be divided betwixt the King and the prosecutor XXV Stat. 3. H. 7.1 Justices of P. have power to impannell an Enquest to inquire of the concealements of a former Enquest and to Assesse in open Sessions the Amerciaments of the first Enquest at their discretions XXVI Just of P. shall at the next generall Sess certifie recognisances taken for keeping of the Peace where if the party being called do not appear those Recognisances shall be certified into the Chancery Kings Bench or Exchequer XXVII Stat. 33. H. 8.10 37. H. 7. All Just of P. shall at their generall Sess endeavour amongst themselves to understand the meaning and intents of all statutes which concern vagabonds Retayners giving Liveries Signes Tokens or Badges maintenance embracery Bowstaves and Archery unlawfull games Forestallers and Regrators victuall victuallers and inholders and of all other statutes made in this present Parliament and shall then also advise amongst themselves how the same may be best put in due Execution XXVIII All processe and proceedings shall be continued from Sess to Sess And the said Justices shall in Sess have power to enquire hear and determine the breach of the said statutes as well by verdict as by any other information or Confession of the party and to make processe by Venire facias Capias Exigent under the Seal of the same Justices or two of them and also to reform panels of Jurous according to which the Sheriffe shall make his Return upon the paine limited by the Stat. of 3. H. 8.12 XXIX Stat. 1. E. 6.7 Preferment of a Justice or Commissioner to a higher dignity as to be a Duke Archbishop Marques Earle Vicount Baron Bishop Knight Judge Serjeat at Law or Sheriff shall not diminish his power 31. XXX No Suit before any Justices or Commissioners shall be discontinued by a new Commission or by the alteration of any of their names XXXI Stat. 1. M. 8. None shall be Justice of Peace during his Shrevalty notwithstanding the statute of 1. E. 6.7 XXXII Stat. 2.3 P. M. 18. A new Commission of the Peace or G. D. for the whole County shall not be a Supersedeas to a former like Commission granted to a City or towne Corporate there being no Countie XXXIII Stat. 1. E. 1. 7. Jac. 6. Every Justice of Peace ought to take the oaths of Supremacy and obedience which see in Recusants 8.88 Kidder S. Badger Kings Bench S. Poore People 15. Labourers Artificers Servants Apprentices I. STat. 21. H. 8.7 Servants that go away with or otherwise imbezill their Masters or Mistresses goods to the value of xl s. worth with an intent to steale them being put in trust therewith shall be punished as Felons II. This Act shall not extend to Apprentices nor servants under the age of eighteene years III. Stat. 2.3 E. 6.15 Artificers workmen
debate in the Kings Court without the Kings speciall Licence in paine to lose the Church and his service and that no Clerk of any Justicer or Sheriffe take part in any Suites or use fraud whereby Common right may be delayed in paine to be punished as aforesaid and more grievously if the Trespasse require it III. Stat. West 2.13 E. 1.48 The Chancellor Treasurer Justices any of the Kings Councell Clerk of the Chancery Exchequer or of any Justice or other officer or any of the Kings house Clerk or Lay shall not receive any Church or Advowson of a Church Land or Tenement in Fee by gift by purchase to farme by Champerty or otherwise so long as the same thing is in Plea nor shall take any reward thereof in pain to be punished at the Kings pleasure both the buyer and seller IV. Stat. 28. E. 1.11 None shall take upon him a businesse in Suit with an intent to have part of the things sued for neither shall any upon any such Covenant give up his right to another in pain that the taker shall forfeit to the King so much of his lands and goods as doth amount to the value of the part so purchased for such maintenance to be recovered by any that will sue for the King before the Justices before whom the Plea hangeth V. This statute shall not prohibite any to take Counsell at Law for his Fee or of his parents or next friends VI. Stat. 33. E. 1. He that shall be attainted of Champerty or Maintenance shall suffer three years imprisonment and be fined at the Kings pleasure VII Stat. 1. E. 3.14 None shall take upon him to maintain quarrels and parties in the Country to the Let and disturbance of the Common law VIII Stat. 4. E. 3.11 Justices of the Benches Justices of Assise and of nisi prius shall heare and determine maintenance Conspiracy and Champerty IX Stat. 20. E. 3.4 None shall maintain any quarrels save only their own X. Stat. 1. R. 2.4 No great officer of the King shall maintaine quarrels in the Country in pain of a Fine to be set by the King and his Councell and no other person in pain of Imprisonment and to be fined at the Kings will and if he be the Kings officer or houshold servant he shall also lose his place Stat. 1. R. 2.7 None shall give liveries for maintenance of Quarrels in paine of Fine and imprisonment XII Stat. 1. R. 2.9 All gifts or Feoffments of lands Tenements or goods for maintenance shall be void XIII Stat. 7. R. 2.15 The Statutes of 1 E. 3.14.4 E. 3.11 1. R. 2.4 9. shall be duly executed in all points XIV Stat. 4. H. 4.8 If any make forcible entry into lands by way of Maintenance the Chancellor of England shall grant a speciall Assise without suing to the King and if the Disseisor shall be attainted thereof he shall suffer one whole yeares imprisonment and restore double damages to the party grieved XV. Stat. 32. H. 8.9 All statutes which concerne Maintenance Champerty and Embracery shall be duly put in execution XVI None shall buy any pretended right or Title in any land unlesse the seller hath taken the profits thereof one whole yeare before in pain that both the buyer and seller shall each of them forfeit the value of the same land to be divided betwixt the King and the prosecutor XVII None shall unlawfully maintain any Suit or action retain any person for Maintenance Embrace Jurors or suborn witnesses to the hinderance of Justice or the procurement of perjury in pain to forfeit for every such offence x. l. to be divided betwixt the King and the prosecutor XVIII Howbeit purchasing of a pretenced Title by him that is already lawfully possessed of the thing whereunto Title is made is lawfull XIX Proclamations shall be made at the Assises of the Statutes made against Maintenance Champerty Embracery and unlawfull Retainers XX. The Offenders against this Act shall be prosecuted within one yeare See Actions Popular 12.15.18 Force 4. Marches Stat. 31. H. 6.3 They may punish such as shall unlawfully against the provision of this Statute attach men dwelling farre off to appeare in the Warden Courts of the Marches neere Scotland Mariners S. Captaines 32.35 c. Markets S. Horses 11 c. Marshalls of the Kings Bench S. Bailement 3. Marshalsey S. Poor people 15. Marshes Stat. 7. Jac. 20. Their power in recovering Marshgrounds in Norfolk and Suffolk Masons Stat. 3. H. 6.1 It shall be Felony to plot confederacies amongst Masons those which assemble upon such confederacies shall suffer Imprisonment and pay fine and ransome at the Kings pleasure Matrimony I. Stat. 7. Jac. 11. It shall be Felony for any person to marry which hath had notice that his or her former husband or wife was living within seaven yeares before II. The Triall in this case shall be in the County where the party delinquent shall be apprehended III. But this Statute shall not extend to question any for Felony where the former marriage was before the latter severed by divorce or declared void in the Ecclesiasticall Court or was made before the age of consent neither shall the breach of statute draw after Corruption of blood losse of Dower or disinherison of heire or heires Mault I. Stat. 17. R. 2.4 Mault made in the Counties of Huntington Cambridge Northampton and Bedford and brought to London for the provision of the Court and City shall be well clensed from Dust and other filth And Maiors Bailiffes and Wardens of townes and places where it is sold have power to make search and to see such defaults redressed II. Stat. 2. E. 6.10 None shall imploy lesse time in the making and drying of Mault except in the moneths of June July and August then three weekes and in these moneths lesse then seaventeen dayes nor put to sale any Mault mingled of good and bad in pain to forfeit for every quarter otherwise ordered or sold 2. s. to be divided betwixt the King and the prosecutor III. None shall put any Mault to sale before by tredding rubbing and Fanning it he shall have conveniently taken out of every quarter halfe a peck of Dust or more in paine to forfeit xx d. for every quarter otherwise sold to be divided betwixt the King and the prosecutor IV. Justices of Peace in Sessions and Stewards of Leets have power to heare and determine these offences as well by presentment of 12. men as by information of two Witnesses V. Baylisses and Constables of townes and places where faulty Mault is made or mingled as aforesaid have power to make search for it and being found with the Advise of a Justice of P. to make sale thereof at their discretions VI. None shall be punished by this Act which only maketh mault for his owne provision nor unlesse the Action be prosecuted within one yeare VII Stat. 39. El. 16. Justices of Peace in Sess have power at their discretions to restraine the
paid within six weeks as aforesaid shall suffer one whole yeers imprisonment and for the third offence shall forfeit all their goods and chattels and suffer imprisonment during life XXIV Every person shall resort to their parish Church or upon let thereof to some other every Sunday and Holiday upon paine to be punished by censures of the Church and also to forfeit xii d. to be levied by the Church-wardens there for the use of the poor upon the offenders goods by way of distresse See Recusants 98. XXV Justices of Oyer and Terminer and of Ass and Maiors and head Officers of Corporations have power to hear and determine these offences unto whom the Arch-Bish or Bishop of the Diocesse may associate himself if he please Howbeit note that by the Stat. of 23. El. 1. Justices of Peace have also power to meddle therein which see in Title Recusants 27. XXVI None shall be impeached by this Act unlesse the offence be presented at the next Sessions of Oyer and Terminer or Ass after it is committed and here tryall of a Peer shall be by Peers XXVI This Act shall not restrain Ecclesiasticall jurisdiction Howbeit none shall be punished twice for one offence Sacriledge See Clergie Schoole-masters See Recusants 26 67. Scotland See Corn 1. Horses 9 10. Seminary Priests S. Recusants Servants S. Labourers Service divine S. Sacraments Sewers I. Stat. 23. H. 8.5 Commissioners of Sewers before they can have power to execute their Commission shall take the Oath ordained by this Statute before the L. Chancellour or those whom he shall depute by Dedimus for that purpose or else before the Justices of P. in Sess II. The form of the Oath is this Yee shall sweare That you to your cunning wit and power shall truly and indifferently execute the authority to you given by this Commission of Sewers without any favour affection corruption dread or malice to be borne to any manner person or persons And as the case shall require you shall consent and endeavour your selfe for your part to the best of your knowledge and power to the making of such wholsome just equall and indifferent Laws and Ordinances as shall be made and devised by the most discreet and indifferent number of your fellowes being in Commission with you for the due redresse reformation and amendment of all and every such things as are contained and specified in the said Commission And the same Laws and Ordinances to your cunning wit and power cause to be put in due execution without savour meede dread malice or affection As God you help c. III. Stat. 13. El. 9. A Commission of Sewers shall continue in force ten yeares and the orders made by their Commissioners one yeare longer during which time of one yeare the Justices of Peace of that County or six of them 2. Qu. have power to execute such Commission and Orders as fully as the Commissioners themselves unlesse in the interim a new Commission be sent forth Sheep S. Cattell Sheriffes I. Magna Charta 9. H. 3.17 No Sheriffe Constable Escheator Coroner or any other our Bailiffes shall hold Pleas of our Crowne II. Stat. 1. H. 4.11 If a Sheriffe commit extortion and be thereof attainted he shall be punished for the same at the Kings will III. Stat. 23. H. 6.10 No Sheriffe shall let to farme his County or Bailiwicks neither shall he his under-Sheriffe or any other Bailiffe returne upon Enquests any Bailiffe Coroner Steward or any servant of theirs neither shall they take any thing for arresting or for omitting to arrest save onely the fees that follow viz. for the Sheriffe 20. d. for the Bailiffe that makes the arrest 4. d. and for the Gaoler when the party is committed 4. d. Neither shall any Sheriffe under-Sheriffe Sheriffes Clerk Steward or Bailiffe of Franchise Servant Bailiffe or Coroner take above 4. d. for the Copy of a Pannell IV. Sheriffes and other Officers shall let to Baile persons by them arrested upon reasonable Sureties having sufficient within the County persons in ward by Condemnation exemption Capias utlagatum or Excommunicatum surety of Peace or committed by command of the Justices and Vagabonds refusing to serve only excepted V. The said Officers shall take no bond of any arrested person but for appearance and to themselves onely and shall not take for it more then 4. d. and bonds otherwise taken colore officii shall be void VI. Sheriffes shall make Deputies in the Kings Courts at Westminster to receive Writs to be delivered unto them VII Sheriffes under-Sheriffes Clerks Bailiffes Gaolers Coroners Stewards Bailiffes of Franchises and all other Officers which do contrary to this Act shall forfeit for every such offence treble damages to the party grieved and besides 40. l. to be divided betwixt the King and the prosecutor VIII Justices of Assise of both the Benches and of Peace have power to heare and determine these offences IX If the Sheriffe returne a Cepi Corpus or Reddidit se he shall be chargeable to have the body of the party ready at the day of returne mentioned in the Writ X. The Warden of the Fleet or of the Gaole of the Kings Palace at Westminster shall not be prejudiced by this Ordinance XI Stat. 11. H. 7.15 No Sheriffe under-Sheriffe or Shire-Clerk shall enter in the County Court any Plaint in the absence of the Plaintife or his Attourney nor above one Plaint for one cause in paine of 40. s. to be divided betwixt the King and the prosecutor XII A Justice of Peace upon complain made hath power to examine the abovesaid Officers and Plaintife concerning the premisses and finding any of the same Officers guilty shall within three months after certifie that examination into the Exchequer in paine of 40. s. upon which examination the said Officers shall be convicted to pay the abovesaid forfeiture of 40. s. without farther inquiry XIII The Defendant in the County Court shall have lawfull summons and if the Bailiffe be therein found faulty he shall forfeit 40. s. And here also examination and certificate shal be made by a Justice of Peace as aforesaid XIV Before the Sheriffe issue forth any Estreats out of the County Court two Just of P. 1. Qu. shall view them and there being two parts of them indented and sealed by the said Justices and Sheriffe one of them shall remaine with the Justices and the other with the Sheriffe and here the Officer that collects them shall make oath before the said Justices to levy no more then what is contained in them in paine of 40. s. who may be convict of that offence by the examination of one Just of P. as aforesaid XV. The Justices of P. which are to have the controllement of the Sheriffe and his Estreats shall be named at Michaelmasse Sess by the Custos Rotulorum or in his absence by the eldest of the Quorum And the said Justices of P. upon information of the party grieved may make out like Processe against the
when the sute is wholly the Queenes the whole forfeiture shall be estreated for her use VII Justices of P. have power to heare and determine these offences in Sessions by inquisition or verdict or otherwise upon the oath of two witnesses at their discretions and to make processe thereupon VIII This Act shall not restraine Purveyors of Cities and townes corporate neither yet the Inhabitants of the Counties of Westmerland Cumberland Lancaster Chester and Yorke IX Stat. 13. El. 25. The Statute of 5. El. 12. is confirmed S. Forestallers 5.12 Bayliffes S. Sheriffes Bailement I. Stat. 3. E. 1.15 Persons outlawed and such as have abjured the Realme Provours and such as be taken with the manner Prison-breakers theeves openly defamed Appellees by Provours during the life of such Provours house-burners Counterfeiters of the Kings Seale or Coyne excommunicate persons and Traitors are not replevisable by common writ or without writ II. Persons guiltie of Larcenie by enquests taken before Sheriffes or Bailiffes or of petty Larcenie not before detected nor accessary to any felony or onely guilty of some light suspition are baileable by good sureties for which the Sheriffe shall be answerable III. Stat. 5. E. 3.8 Marshals of the Kings Bench shall not baile felons IV. Stat. 3. H 7.3 Two Justices 1. Qu. have power to let to baile persons baileable by law untill the next Quar. Sess or G.D. and shall there certifie the same in paine of 10. l. V. Stat. 1. 2. P.M. 13. None shall be let to baile which are forbidden to be bailed by 3. E. 1.15 VI. None arrested for Manslaughter or felony or suspition of the same being baileable by law shall be let to baile save only in open Sess or by two Just 1. Qu. being both present at the time of such bailement which then shall be certified together with the examination of the Prisoner and the Information of the Accusers under their owne hands at the next Gaole delivery and the said examination and Information shall be taken before the bailement VII The said Justices have power to bind by Recognisance all such as can declare any thing materiall against the Prisoner to appeare at the next Gaole delivery and shall there make certificate of the said Recognisance VIII The Justices that offend any Branch of this Act are lyable to be fined by the Justices of Gaole delivery IX This Act shall not restraine Justices within London and Middlesex to let to baile I risoners as heretofore they have used only they shall certifie their examinations Bonds and bailements at the next Gaole delivery of their Jurisdiction in paine to bee fined as aforesaid X. Every Habeas Corpus or Certiorari for the Removall of a Prisoner shall be signed by the Chiefe Justice or one of the Justices of the Court out of which the Writ issues in paine of five pounds to be forfeited by the Writer XI Stat. 2.3 P.M. 10. One accused of Manssaughter or Felony which for want of baile is to be sent to the Gaole must be examined by the Justice before he sends him thither and the Accusers must bee bound over to give in evidence against him whose Information must also be taken and committed to writing within two daies after at the farthest and all certified in at the next Gaole delivery as by the stat of 1.2 P.M. 13. is limitted upon the penaltie therein expressed Bakers S. Victuall 2.10 Weights 2 4 5 9. Barges S. Boatemen Bastardie I. Stat. 18. El. 3. The two next Justices 1. Qu. may take order as well for the punishment of the mother and reputed father of a Bastard Child as also for the reliefe of the Parish where it is borne by charging the said mother and father with the sustentation thereof by payment of mony weekly or otherwise II. If the mother or father performe not the said Justices order they shall suffer imprisonment without baile except hee she or they give securitie to performe it or else to appeare at the next Quarter Sess and also to abide the order of the greater part of the Justices there if any shall be there made if not then to performe the order made by the two Justices 5. III. Stat. 7. Jac. 4. Justices of Peace shall commit to the house of correction lewd women which have Bastards that may be chargeable to the Parish there to be punished and set on worke one whole yeere and if they offend againe they shall not be from thence enlarged without putting in good securitie not to offend so againe IV. Stat. 21. Jac. 27. It shall be murther for a mother to conceale the death of her Bastard child unlesse she can prove by one witnesse at least that it was still-borne V. Stat. 3. Car. 4. All Justices of Peace within their severall limits and Sess may doe and execute all things concerning that part of 18 Eli. 3. which concernes Bastards that by the Justices of Peace in the severall Counties are by the said statute limited to be done Beere S. Corne 1. Bell-metall S. Brasse 15. Benhurst hundred in Com. Berk. S. Hue and Crie 8. Bigamie I. Stat. 1. E. 6.12 A Bigamus being a felon shall be admitted to his Clergy as well as any other II. Stat. 1. Jac. 11. A Bigamus shall suffer death as a Felon unlesse he or she have had no notice that the husband or wife was living within seven yeares before or the Marriage severed by divorce III. This felonie shall cause no corruption of blood or losse of dower or inheritance Boatmen Watermen Barges Boats c. I. Stat. 26. H. 8.5 Justices of the Peace within the Counties of Glocester and Summerset in Sess shall bind keepers of Ferries over Severne by Recognisance with good sureties that they shall not transport any Passenger out of England into Wales or the Forrest of Deane or from thence into England before Sun rising or after Sun set unlesse such as they know and will answer for And besides the parties so offending shall thereby incurre fine and imprisonment II. Stat. 2. and 3. P. M. 16. At the first Court of Aldermen in London next after the first of March out of the Watermen betwixt Gravesend and Windsor there shall be eight chosen for overseers which shall have power to keepe good order amongst the rest III. Two Watermen shall not carry any but where one of them hath exercised that profession two yeares before that time and hath been allowed by the greater part of the said Overseers under their knowne seale in paine to be committed to one of the Counters by the said Overseers for one month or for lesse time as the offence may deserve IV. No single man which is no householder nor retained as an Apprentice or as a servant for one yeare at least shall exercise that profession betwixt the places aforesaid in paine of like imprisonment V. The Lord Maior and Aldermen of London and the Justices of Peace within the Counties adjoyning to the River of Thames upon
complaint of any two of the Overseers or of any Watermans Master have power not only to heare and determine any offences committed against this Act and to enlarge any Waterman unjustly imprisoned by the said Overseers but likewise to inflict punishment upon the Overseers themselves in case they shall unjustly punish any person by colour of this Act. VI. A Wherry that is not twenty two foot and a halfe long and foure foot and an halfe broad in the Midship and sufficient to carry two persons on one side tight shall be forfeit in which Case the King and Queen shall have the one Moity and the Informer the other VII The Waterman that withdraweth himselfe in time of pressing it being proved by two witnesses before the said Maior Aldermen or Justice and two of the said Overseers shall suffer a fortnights imprisonment and shall be prohibited to row any more upon Thames for a yeare and a day after VIII The Overseers shall not only call the Watermen before them direct them and Register their names but likewise examine their boats before they be lanched whether they have due proportion and goodnesse according to this Act. IX If the Overseers refuse or neglect their office they shall forfeit 5. l. whereof the King and Queene shall have one Moity and the Informer the other X. The Court of Aldermen shalll assesse the Fares of Watermen which being subscribed by two of the Privy Councell at least shall be set up in Guildhall Westminster-hall c. And the Waterman that takes more then according to the Fares so assessed shall for every such offence suffer halfe a yeares imprisonment and forfeit 40. s. viz. the one Moity to the King and Queen the other to the Informer XI Stat. 1. Jac. 16. No Waterman shall retaine any Servant or Apprentice unlesse he himselfe hath been an Apprentice to a Waterman by the space of five yeares before and not an Apprentice under the age of eighteene yeares or for lesse time then seven yeares in paine to forfeit for every such offence 10. l. viz. the one Moity to the King and the other to the Informer XII This Act shall not restraine Watermens sonnes of convenient growth and strength and formerly trained up in rowing but that they may be allowed to serve as Apprentices and to carry passengers from place to place at the age of sixteene yeares XIII The eight Overseers shall yearely upon the first of March and the first of September cause openly to be read in their Common Hall all their orders made or to be made in paine that every of them for every such default shall forfeit twentie nobles viz. the one Moity to the King and the other to the Informer Bookes Images I. Stat. 3. 4. E. 6.10 All popish Bookes in times past used for service of the Church shall be utterly abolished and forbidden to be used within the Kings Dominions II. All persons whatsoever having in their custodie any popish Bookes or Images carved or painted which have been taken out of or yet doe stand in any Church or Chappell shall destroy the said Images and deliver the said Bookes to the Major Bayliffe Constable or Church-wardens of the towne where such bookes then shall be to be delivered over to the Archbishop Bishop Chancellor or Commissarie of the same Diocesse to the intent the said Bookes should be by them openly burnt or otherwise defaced in paine to forfeit for the first default 10. s. for the second 4. l. and for the third imprisonment at the Kings will III. The officer shall within three months deliver over the said Books unto the Archbishop Bishop c. and they shall within forty dayes after burne or deface the same or cause them to be burned or defaced in paine to forfeit respectively 40. l. a peece whereof one Moity is given to the King and the other to the Informer IV. Justices of Assise and Just of P. in Sess have power to inquire heare and determine these defaults and offences V. Images upon Tombes shall remaine unlesse the dead person have beene commonly taken for a Saint VI. Primers set forth by H. 8. purged from sentences of invocation or prayer to Saints shall be still retained S. Recusants 17.123.124 Bowes S. Archerie Brasse Latten Copper Bell-metall Pewter c. I. Stat. 19. H. 7.6 None shall sell or change brasse save only in open Faires and Markets or in their owne houses except they be desired by the Buyer of such wares in pain of 10. l. 12. II. None shall cast or worke Brasse or Pewter but according to the goodnesse of metall wrought within London in paine to forfeit the same viz. one Moity to the King and the other to the finder III. Hollow ware of Pewter called lay metall shall be wrought after the Assise of Lay metall in London and shall be marked in paine to forfeit the said wares or being sold the price of the same to be divided as aforesaid IV. None shall use in the selling of Brasse or Pewter any false beames or weights in paine to forfeit 20. s. to be divided betwixt the King and the prosecutor and in case he be not able to pay it he shall be by the head officer committed to the stocks till the next Market day and then stand upon the Pillory V. Searchers of Brasse and Pewter in every City and Borrough shall be appointed by the head officers of the same and in every County by the Just of P. at their Mich. Sessions And in default of Searchers in Cities and Boroughs any other person skilfull in that mysterie by oversight of the head officers may take upon him the search of defective Brasse which being found either by him or the other searchers shall be equally divided as aforesaid VI. Stat. 4. H. 8.7 The Statute of 19. H. 7.6 is confirmed and besides it is enacted that in Cities and Boroughes search of defective Tinne and Pewter shall be made by the. Wardens of the Craft of Pewterers and in townes where no Wardens are searchers shall be appointed by the head-officers there which said defective Ware shall be forfeited and divided as in the former statute VII Stat. 25. H. 8.9 None shall buy or take by exchange any wares made of Tinne or Pewter out of the Realme in paine to forfeit them and also the value thereof in mony VIII Officers may search and seise wares brought into this Realme contrary to this Act. IX No stranger borne shall worke any Pewter or Tinne in England in paine to forfeit the same X. No Pewterer shall teach his trade in a forraigne nation in paine to lose the Priviledge of an Englishman XI Licences and Placards to wandering Brasiers and Pewterers shall be void XII The penalties mentioned in 19. H. 7. and in this present Act shall be equally divided betwixt the King and the finder Stat. 33. H. 8.4 XIII Stat. 33. H. 8.4 The statute of 25. H. 8.9 is confirmed XIV None shall withstand the search of
are to passe and the time of their passage or having a testimoniall exceed the time therein limited above fourteen dayes or Counterfeit a testimoniall or produce one which they know to be counterfeited shall in all these cases suffer as Felons without benefit of Clergie 51. XXXIV Iust of Ass G. D. and of P. in their Sess have power to proceed against these offenders as in case of felonie without Clergie unlesse some sufficient man allowed by the Iustices will enter into a Recognisance of x. l. to the Q. to retaine the offender for one whole yeare and to bring him to the next Sess of P. G. D. after the year ended And if he within the yeare depart that service without licence he shall afterwards suffer as a felon without Clergy XXXV Souldiers or Marriners which fall sick in their passage home shall be excused though they exceed the time limited in their testimoniall So that they performe this Act in convenient time after their Recovery XXXVI If when they come home they cannot get worke the two next Just upon their complaint shall take order that they may be provided of work or otherwise shall tax the whole hundred for their Relief untill work may be had XXXVII The Souldier or Marrinet licenced by a Iust of P. to whom he shall make his poverty knowne having not wherewithall to beare his charges home may ask and take Relief So it be in his direct way home and within the time limited by his Licence XXXVIII These offences shall cause no Corruption of Blood XXXIX Stat. 43. El. 3. The more part of the Just of P. yearely in their Easter Sess have power to charge every parish towards a weekly reliefe of maymed Souldiers and Mariners so that no parish pay weekly above 10. d. nor under 2. d. nor any County which consists of above 50. parishes pay above 6. d. one parish with another which summes so taxed shall be assessed in every parish by the parishioners or in their default by the Churchwardens and Constables or in their default by the next Justice or Justices of Peace XL. The Const or Churchw of every parish have power to levie the tax of exery person refusing to pay it by distresse and Sale and in their default the said Justice or Justices next adjoyning XLI The tax being thus levied the Const or Churchw shall deliver it quarterly ten dayes before every quarter Sess to the high Const of their Division who shall deliver it over to the Treasurers of the County at the same quarter Sess XLII The Treasurers shall be Subsidie men viz. of x. l. in lands or xv l. in goods and shall not continue in their office above one year rendring up their Accompts yearly at Easter Sess or within ten dayes after to their Successors XLIII The officer or his executor c. that failes in payment of the Summes levied shall forfeit viz. the Churchw or Const xx s. high Constable xl s. which the Treasurers have power to levy by distresse and Sale in augmentation of their Stock XLIV The Treasurer or his executor c. that hath beene negligent to execute his office or to render the Accompt within the time above limited shall be fined by the I. of P. in the Sess 5 l. at least XLV The maymed Souldier or marriner which was prest shall repaire if he be able to travell to the Treasurers of the County where he was prest if he were not prest then to the Treasurers of the County where he was born or where he last dwelt by the space of three yeares at his election But if he be not able to travell then to Treasurers of the County where he lands XLVI He shall bring to any of the Treasurers aforesaid a Certificate under the hand and Seale of the chief Commander and of the Captaine under whom he served containing the particulars of his hurts and services which Certificate shall be also allowed by the Muster-Master Generall or the Receiver generall of the Muster-Rolls under one of their hands XLVII Vpon such a Certificare the Treafurers aforesaid may allow him Reliefe to maintayne him untill the next Q. Sess at which the more part of the Justices may allow him a pension which the Treasurers shall pay him quarterly untill it shall bee revoked or altered by the said Iustices And this Allowance to him that hath not borne office shall not exceed x. l. To an officer under a Lievtenant xv l. and to a Lievtenant xx l. XLVIII When Souldiers or Marriners arrive far from the place where they are to receive relief the Treasurers there shall give them relief and a Testimoniall whereby they may passe from Treasurer to Treasurer untill they shall come at the place required and this shall be done upon the bare Certificate of the Commander and Captaine although they have not as yet obtained any allowance thereof from the said Muster-Master or Receiver generall of the Muster Rolls XLIX The Treasurers shal register their Receits and disbursments and enter the names of the parties relieved and also the Certificates by warrant whereof the disbursments are made The Muster-Master also or Receiver aforesaid shall register the names of the parties and the Certificates by him allowed And the Treasurer returning or not allowing the Muster-Masters Certificate shall hereupon subscribe or endorse the cause of his disallowance L. Iustices of P. in Sess have power to fine a Treasurer that wilfully refuseth to give relief which any two of them appointed by the rest may levy by distresse and Salc of his goods LI. A Souldier or Marriner that begs or counterfeits a Certificate shall suffer punishment as a common Rogue and shall lose his pension if he have any 3.3 LII The Surplusage of this Contribution shall be imployed by the more part of the Justices in Sess upon charitable uses according to Statutes made for reliefe of the poore and punishment of Rogues LIII In Corporations the Justices there shall put this Act in execution and not the Iustices of the County and shall be lyable to fines as well as other Iustices if they misuse their power therein and shall appoint a Collector of this tax which shall have the power and be subject to the penalties limited by this Act to high Constables of Counties LIV. The forfeitures accruing by this Act shall be imployed as the Surplusage abovesaid or otherwise kept in angmentation of the Stock as the more part of the Justices in Sess shall direct LV. When out of the County where the party was prest a fit pension cannot be satisfied it shall be supplyed by the Counties where he was born or where he last dwelt by the space of three yeares LVI This Act shall not prohibit the City of London to make a tax if need require differning from that above limited 35. so that no parish pay above 3. s. weekly nor above or under 12. d. weekly one parish with another S. Boatmen 7. Felonie 16. Recusants 112.
questioned he shall plead the generall issue and yet give speciall matter in evidence III. Stat. 3. Car. 1. No Carrier with his horse Wagoner with his wagon Carman with his Cart Waynman with his Wayne or Drover with his Cattle shall travell upon the Lords day in paine to forfeit xx s. for every such offence IV. No Butcher shall kill or sell any Victual upon the same day in pain of 6. s. 8. d. V. Here the conviction of the offender and the levying and imployment of the forfeitures are the same with those of the former Statute save only that here two witnesses are not necessary and the forfeitures may also be recovered by a prosecutor in the Sess of the County or in the Court of the Corporation where the offence was committed and in that case the Justice or head-officer may allow the prosecutor part of the forfeitures but not above a third part VI. This Action shall be prosecuted within six moneths and here also the officer may plead the generall issue c. S. Fishdayes 4. Recusants 98. Sacraments 24. Horse-bread S. Inholders Horses I. Stat. 32. H. 8.13 None shall put to feed upon Forests or common ground any stoned horse being above 2. yeares old and not fifteen handfull high from the lower part of the hoofe to the upper part of the Wither every handfull being accompted 4. Inches standard measure in pain to forfeit the same horse 15.21 II. It shall be lawfull for any man to selse to his owne use any stoned horse of lesser statute put to feed upon any such common ground as aforesaid so that first by the Assistance of the keeper of the ground or Constable Bayliffe Head-borough or other such officer of the parish next adjoyning such horse be brought to the next pound and there by the officer and in the presence of three other sufficient men be measured and found lower then that stature III. Those that refuse to measure or to be present at measuring of such horse shall forfeit xl s. a peece for every such default to bee divided betwixt the King and the prosecutor IV. A horse that makes an Escape into such Common shall not be questioned so he stay not above four dayes after notice thereof given at the owners house or in his parish Church V. Forests and common grounds shall be driven yearly at Michaelmas or within xv dayes after by the Keepers or officers aforesaid in paine of xl s. who have also power to drive them at any other time of the yeare at their pleasure such power likewise have the owners of such grounds And here upon the drift if any unlikely Tits shall be found they shall be kild VI. Just of P. in Sess have power to heare and determine these offences But stewards of Leets only to take presentments of them which they shall certifie in at the next generall Sess or to the Custos Rotulorum within 40 dayes in paine of 40. s. VII None shall put upon common grounds or common fields any scabbed or infected horse in pain to forfeit x. s. to the Lord of the Leet VIII This statute shall not restrain keeping of horses under this Stature upon Commons where Mares are not usually kept IX Stat. 1. E. 6.5 None shall convey sell or deliver any horse into Scotland or any other forraine Country without the Kings Licence in paine to forfeit such horse and xl l. to be divided betwixt the King and the Prosecutor X. Wardens of the Marches and Just of P. in Sess have power to heare and determine these offences and it shall be lawfull for any of the Kings Subjects to arrest and imprison any Scotch man or other that shall convey any horse contrary to this Act. XI Stat. 2.3 P. M. 7. Every owner of a Faire or Market shall appoint a Toll-taker where Toll is taken or a Book-keeper where no toll is paid to sit there from ten of the Clock in the forenoone till Sun-set in paine of xl s. for every default And this Officer shall enter into a Booke the names and dwellings of the Buyer and seller together with the Colour and some pregnant Mark of every horse there sold in like pain of xl s. for every default XII The Toll-taker or Book-keeper shall within one day after deliver unto the said owner a note of all the horses sold there that day in pain of xl s. which note the owner shall subscribe in the like pain of xl s. XIII Sale of a stolne horse in a faire or market without entry in the Book as aforesaid and without staying there in open view by the space of an houre at least betwixt ten of the Clock and Sun set shall not alter the property of the right owner But that he may by vertue of this Act seise or replevy him wheresoever he finds him XIV Just of P. in Sess shall have power to hear and determine the breach of this Stat. and the forfeitures shall be divided betwixt the King and Queens Majesties and the prosecutor 16 c. XV. Stat. 8. El. 8. The Statute of 32. H. 8.13 shall not restrain the keeping of stoned horses of a lower stature in the Fen grounds of the I le of Ely or of the Counties of Cambridge Huntington Northampton Lincolne Norfolk or Suffolk so that those horses so kept be not under thirteen handfull high according to the standard in the same statute mentioned XVI Stat. 31. El. 12. The seller of a horse in a Fair or Market which is not known to the Toll-taker or Book-keeper or doth not produce one credible person that is well knowne unto him to avouch the Sale of the same horse shall forfeit 5. l. to be divided betwixt the King and the prosecutor and besides the sale of such horse shall be voyd XVII The names of the Buyer Seller and voucher and the price of the horse shall be entred in the Toll-book and a note thereof delivered to the buyer under the Toll-takers or Book-keepers hand for which the Buyer shall pay 2. d. XVIII Just of the P. in Sess have power to heare and determine these offences XIX Notwithstanding such sale and voucher as aforesaid the right owner or his executors may redeeme a stolne horse if they clayme him within six moneths after the stealing at the Parish or Corporation where they shall find him and make proofe by two sufficient Witnesses before the next Just of P. in the Country or before the Head-officer of the Corporation that the horse was his and repay to the Buyer such price for the horse as the same Buyer shall upon his owne oath before such Justice or Officer testifie to have payed for him XX. An Accessary of a horse-stealer shall not have his Clergy XXI Stat. 21. Jac. 28. The statute of 32. H. 8.13 shall not extend to the County of Cornewall Hostlers S. Inholders Purveyors 56. Victuall 2. Hospitalls S. Poore people 15. Houses of Correction S. Poor people 5. Vagabonds Hue and Cry
said Just are not to intermeddle in Corporations for the execution of this Law XI When one parish extends into severall Counties or Liberties the Justices or head Officers shall onely intermeddle within their respective limits but the Churchwardens and Overseers shall have mixt Jurisdiction and shall render accompt as aforesaid to the Justices or head Officers of both places XII If it happen no Overseers to be appointed according to this Statute every Just of P. or head Officer of that Division or Corporation shall forfeit 5. l. to be levied by a Sessions warrant and imployed to the use of the poore of the Parish where such default is made XIII The forfeitures of this Statute shal be imployed to the use of the poore as aforesaid and shall bee levied by distresse and commitment as is above remembred in the fifth clause XIV Justices of P. of every County and Corporation or the more part of them at their Easter Sessions shall yearely or as often as they shall thinke fit rate every Parish at a certaine summe to be paid weekly but so as no parish may pay more then six pence nor lesse then a halfe penny and one Parish being considered with another not above two pence a piece through the whole County or Corporation which summes so rated the Church-wardens and Constab of every Parish or any of them or in their default a Just of P. have power to assesse and levie by distresse sale and commitment as aforesaid XV. Justices of P. shall then likewise rate every parish towards the reliefe of the Kings Bench and Marshalsie and also of Hospitals and Almes-houses situate within their severall Jurisdictions appointing onely so much to the said Hospitals and Almes-houses that the Kings Bench and Marshalsie may each of them receive at least 20. s. yearely out of every County And the summes thus to be assessed upon every Parish the Churchwardens there shall collect and pay over quarterly to the high Constable of that respective Division ten dayes before every quarter Sessions and the high Constable shall every quarter Sess pay the same over to the two Treasurers of the County or one of them to be yearely chosen by the more part of the Justices of P. and such Subsidie-men as were taxed in the last rate of Subsidies at 5. l. lands or 10. l. goods which Treasurers so chosen shall yearely at Easter Sessions render a true accompt to their successors and pay the moneys in their hands to the L. Chiefe Justice of the Kings Bench and the Knight Marshall by equall portions And here the Churchwarden or his Executors c. which failes in payment to the high Const shall forfeit 10. s. and the high Const or his Executors c. which failes in payment to the Treasurers shall forfeit 20. s. to be levied and imployed by the said Treasurers as aforesaid XVI The stock of every County shall be ordered and disposed to charitable uses as the Justices or the more part of them shall think convenient XVII The Treasurer that refuseth to execute his office to distribute reliefe or to accompt as the more part of the Justices shall direct shall be fined by the same Justices or in their default by the Judges of Assise three pounds at least which fine shall be levied by sale of goods upon the prosecution of any two Justices authorized by the rest XVIII A provision for the Island of Fowlenesse in Essex XIX Upon an Action brought for the due execution of this Act the defendant may plead the generall Issue and yet give speciall matter in evidence and shall also recover treble damages and his costs of suit XX. Stat. 1. Jac. 25. All persons to whom the Overseers of the poore shall according to the Statute of 43. El. 2. bind any children Apprentices may take receive and keep them as Apprentices Stat. 21. Jac. 28. XXI Stat. 3. Car. 4. All persons to whom the Overseers of the poore shall according to the Stat. of 43. El. 2. binde any children Apprentices may take receive and keep them as Apprentices XXII The Churchwardens and Overseers of the poore mentioned in the Statute of 43. El. 2. may with the consent of two or more Just of P. 1. Qu. within their respective limits wherein there shall be more Just of P. then one and where no more shall be then one with the assent of that one Justice set up use and occupie any Trade Mystery or Occupation onely for the setting on worke and better reliefe of the poore of the parish or place where they so beare office respectively Poulters S. Victuall 2. 10. Powdike in Norfolke S. Felony 13. Poysoning S. Murder Presentments S. Indictments Priests S. Recusants Prisons Prisoners Gaoles Gaolers I. Stat. 4. E. 3.10 Sheriffes and Gaolers shall receive offenders without any thing taking in paine to be punished by the Justices of Gaole-delivery II. Stat. 14. E. 3.10 Gaoles which were wont to be in the Sheriffs custodie shall be againe rejoyned to their Baliwicks See Stat. 13. R. 2.15 19. H. 7.10 III. The Gaoler which by dures compels a prisoner to become an Approver shall have judgement of life and member IV. Stat. 5. H. 4.10 Justices of P. shall imprison none but in the common Gaole V. Stat. 14. El. 5. Just of P. in Sess or the more part of them have power to tax every parish in the County but not above 6. d. or 8. d. a piece towards the reliefe of prisoners which tax the Church-wardens of every Parish shall levie every Sunday and pay it in quarterly to the high Constable or in a Corporation to the head Officer and the high Const or head Officer shall pay the same at every Qu. Sess to the Collectors thereof to be appointed by the said Justices who shall distribute it weekly to the said prisoners VI. The Church-wardens high Constables head Officers or Collectors aforesaid which herein shall be found negligent shall forfeit 5. l. to be divided betwixt the Queene and the prisoners VII Justices of P. within the County shall not intermeddle within a Corporation for the execution of this Act but onely the Maior or head Officers of the same VIII Stat. 3. Jac. 10. An offender which is to be conveyed to the Gaole shall beare all charges both of himselfe and of those which guard him IX If he refuse so to do upon warrant from a Just of P. the Constable of the township where he hath any goods being within the same County may sell so much thereof as in the discretion of the said Justice shall be thought sufficient to satisfie the said charges the appraisement thereof to be made by the neighbours there and the overplus to be rendred to the said offender X. If the offender hath no goods to satisfie the charges the Constables Church-wardâ—ns and two or three other honest Inhabitants or in case there be no such Officers there foure of the principall Inhabitants of the Parish where he was taken shall make
Prince to invade or annoy him or his Countries or to discharge any of his subjects of their allegiance and obedience to his Majestie or to give licence or leave to any of them to beare armes raise tumult or to offer any violence or hurt to his Majesties Royall person state or government or to any of his Majesties subjects within his Majesties Dominions Also I doe sweare from my heart That notwithstanding any declaration or sentence of excommunication or deprivation made or granted or to be made or granted by the Pope or his successors or by any authority derived or pretended to be derived from him or his Sce against the said King his heires or successors or any absolution of the said subjects from their obedience I will beare faith and true allegiance to his Majestie his heires and successors and him them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their persons their crowne and dignity by reason or colour of any such sentence or declaration or otherwise and will do my best endeavour to disclose and make knowne unto his Majesty his heires and successors all treasons and traiterous conspiracies which I shall know or heare of to be against him or any of them And I doe further sweare That I doe from my heart abhor detest and abjure as impious and hereticall this damnable doctrine and position That Princes which be excommunicated or deprived by the Pope may be deposed or murthered by their subjects or any other whatsoever And I do beleeve and in my conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve mee of this Oath or any part thereof which I acknowledge by good and full authority to be lawfully ministred unto mee and doe renounce all pardons and dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these expresse words by mee spoken and according to the plain and common sense and understanding of the same words without any equivocation or mentall evasion or secret reservation whatsoever And I do make this recognition and acknowledgement heartily willingly and truly upon the true faith of a Christian So help mee God LXXXIX Unto this Oath the party taking it shall subscribe his name or mark XC No indictment against a Recusant shall be reversed for lack of form other then by direct Traverse to the point of not coming to Church or not receiving the Sacrament as aforesaid XCI The party conforming himself shall from thenceforth be admitted to discharge or reverse an indictment XCII None shall go out of this Realm to serve any forrein Prince or State without first taking the Oath aforesaid in pain to be adjudged a felon And if hee hath born office amongst souldiers before his departure out of the Realme hee shall enter into bond unto the Kings use with the condition following upon the like pain of being adjudged a felon XCIII The condition is this That if the within bounden c. shall not at any time then after be reconciled to the Pope or See of Rome nor shall enter into nor consent unto any practice plot or conspiracie whatsoever against the Kings Majestie his heires and successors or any his or their estate and estates Realms or Dominions but shall within convenient time after knowledge thereof had reveale and disclose to the Kings Majesty his heires and successors or some of the Lords of his or their honourable privie Councell all such practices plots and conspiracies That then the said Obligation to be void XCIV None but the Customer and Controller of a Port or their Deputies shall have power to take such bond or to minister the Oath in such case for which bond they shall only take 6. d. and nothing for the Oath And shall once every yeer certifie into the Exchequer every such bond in paine of 5. l. and every such Oath in pain of 20. s. XCV To absolve or withdraw any of the Kings subjects from their naturall obedience to his Majesty to reconcile them to the Pope or See of Rome or to move them to promise obedience to any pretended authority of the See of Rome or to any other Prince or State Or to be absolved withdrawn reconciled or to make promise as aforesaid shall be adjudged high Treason XCVI This last clause shall not extend to any reconciled as aforesaid for and touching the point of so beingreconciled only that shall returne into this Realme and within six dayes after before the Bishop of the Diocesse or two Justices of P. jointly or severally of the County where hee shall arrive submit himselfe to the King and his lawes and take the Oath of Supremacie and also the Oath abovesaid which said Oathes the said Bishop and Justices respectively shall by this Act have power to minister to such persons and shall certifie them in at the next generall Sess in pain of 40. li. XCVII Here the tryall of Treason shall be before Justices of Ass and G. D. of that County for the time being and may also be before the Justices of the Kings Bench But Peers in this case shall be tryed by their Peers XCVIII If any person repaireth not every Sunday to some Church or Chappel proof thereof being made to a Justice of P. by the parties owne confession or the evidence of one witnesse the same Justice hath power to call the party before him and if the party give not the Justice a good reason of his absence the Justice may give warrant to the Church-warden of the parish under his hand and seale to levie xii d. for every such default by distresse and sale of goods and in default of distresse the Justice may commit the offender to prison untill he pay the forfeiture aforesaid which shall be imployed ployed for the use of the poore But this offence must be prosecuted within one moneth after it is committed and none punished by this Law shall also be punished by the forfeiture of 12. d. upon the Statute of 1. El. 2. which see in Sacraments 24. XCIX None shall keep or retaine any person in their house servant or other which shall forbeare to come to Church by the space of a month together in paine to forfeit 10. l. for every month they so keep them Howbeit Children may relieve their Father or Mother and Guardians their Wards or Pupils C. The Sheriffe upon a lawfull Writ may justifie to breake a house for the taking of a Recusant Excommunicate CI. The Justices of the Kings Bench and Justices of Ass and G. D. may heare and determine all the offences committed against this Act and so may Justices of P. all save Treason CII The offences made felony by this Act shall not cause losse of Dower corruption of blood or disherison of heire CIII Here if an action shall be brought against an Officer for the execution of this Act
arraignement of the offender and to give advice concerning the offence committed VI. This offence shall be prosecuted within three months and the offender shall be admitted to produce witnesses for his default VII Stat. 2 3. E. 6.1 Every Minister shal use the Church service in such forme as is mentioned in the Book of Common Prayer established by this Act and shall not use any other or deprave the same in paine if he be beneficed and convict thereof by the verdict of 12. men his owne confession or notorious evidence of the fact to forfeit to the King for the first offence that of his benefices which the King will choose and to suffer six months imprisonment for the second to suffer one whole yeares imprisonment and to be deprived ipso facto of all his Spirituall promotions whereupon every Patron may present and for the third to suffer imprisonment during life And if he be not beneficed for the first offence he shall suffer six months imprisonment and for the second imprisonment during life VIII If any shall be convicted to have by enterludes playes songs thymes or otherwise depraved the said books or to have compelled or procured the Minister to sing or say any other Church Service or in any other forme then as aforesaid or by any such means to have interrupted or let the Minister to sing or say the said Service they shall for the first offence forfeit x. li. to the King or that not paid within six weeks after conviction shall suffer in stead thereof three moneths imprisonment without baile for the second time offending shall forfeit xx l. or that not paid within six weeks as aforesaid shall suffer six moneths imprisonment without bail and for the third time shall forfeit all their goods and suffer imprisonment during life IX Justices of Oyer and Termin and Justices of Assise have power to hear and determine these offences unto whom the Archbishop or Bishop of the Diocesse may associate himself if he please X. This shall not restrain any private man or publick Colledges to use the said Service in such tongues as they understand the holy Communion only excepted or any other to use Psalms or prayers taken out of the Bible at convenient times not letting thereby the said Service XI The offences aforesaid shall be prosecuted at the next Assise or Sessions of Oyer and Terminer after they are committed And here tryall of Peers shall be by Peers XII Chief Officers of Cities and Corporations shall also heare and determine these offences within their severall prccincts and so likewise shall Ecclesiasticall Magistrates Howbeit none shall be punished above once for one offence XIII Stat. 5 6. E. 6.1 Every person shall resort to his Parish Church or Chappel or upon just let so to doe to some other every Sunday and Holiday in pain to be punished by the censures of the Church XIV The Common prayer book now made perfect and annexed to this Act. together with the addition of consecrating Archbishops Bishops Priests and Deacons shall be used and esteemed as by the Statute of 2 3. E. 6.1 is ordained under the pains in the same Statute expressed XV. If any shall be convict by verdict of twelve men before Justice of Assise Oyer and Terminer or Peace in Sess to have wittingly heard or to have been present at any other form of Common prayer administration of Sacraments making of Ministers or other rites then what are expressed in the said book or which are contrary to the said Statute of 2 3. E. 6.1 shall for the first offence suffer six months imprisonment without bail for the second twelve months imprisonment and for the third imprisonment during life XVI Stat. 1. M. Sess 2. cap. 3. If any shall disturbe a Preacher lawfully licenced he shall be by the Constables or Church-wardens of the parish brought before a Just of Peace who upon due accusation shall presently commit him to safe custody and within six dayes after together with another Justice shall diligently examine the fact who if they find cause shall commit him to the common Gaole there to remain for three moneths and from thence to the next quarter Sessions at which upon the parties reconciliation and entring into bond for the good behaviour for one whole yeer at the discretion of the Justices in Session he shall be released but if hee persist still in his obstinacie he shall remain in prison without bail untill he shall reconcile and be penitent for his offence XVII Hee that rescues an offender in this kind shall suffer like imprisonment as aforesaid and besides shall forfeit v. li. to the Queen XVIII The inhabitants of a towne that suffer such an offender to escape shall forfeit v. li. being presented before the Justices of Peace in Sess within the County or Corporation where the escape was made XIX Justices of Peace Assise and Oyer and Terminer and Maiors and head Officers of Corporations have power to heare and determine these offences and to impose the fines aforesaid XX. This Act shall not restrain the jurisdiction of the Ecclesiasticall lawes Howbeit none shall be punished twice for one offence XXI Stat. 1. El. 2. Every Minister shall use the Church Service in such forme as is mentioned in the book of Common prayer established by 5 6. E. 6.1 together with the addition of certain lessons to be used on every Sunday in the yeer and the form of the Letany altered and corrected and two sentences only added in the delivery of the Sacraments to communicants XXII If any Minister shall be convicted by the verdict of twelve men his owne confession or notorious evidence of the fact to have refused to use the said Church service or to have used any other rite ceremony order forme or manner then is set forth in the said book or to have depraved the same book or any thing therein contained he shall forfeit being a benefited man for the first offence one whole yeers profit of all his spirituall promotions and suffer six moneths imprisonment for the second shall be deprived ipsofacto whereupon every Patron may present and shall suffer one whole yeeres imprisonment and for the third shall be also deprived as aforesaid and shall suffer imprisonment during life And if he be not beneficed for the first offence he shall suffer one whole yeeres imprisonment and for the second imprisonment during life XXIII If any shall be convicted to have by enterludes playes songs rhymes or otherwise depraved the said book or to have compelled or procured the Minister to sing or say any other Church service or in any other form then as aforesaid or by any such means to have interrupted or let the Minister to sing or say the said service they shall for the first offence forfeit 100. Marks to the Queen or that not paid within six weeks after conviction shall suffer in stead thereof six moneths imprisonment for the second offence shall forfeit 400. Marks or that not
Tithes I. Stat. 27. H. 8.20 If the Judge of an Ecclesiasticall Court make complaint to two Justices of Peace one Quorum of any contumacie or misdemeanour committed by a defendant in any suit there depending for matter of Tithes the said Justices shall commit the said defendant to prison there to remain till he shall find sufficient surety to be bound before them by recognisance or otherwise to give due obedience to the processe proceedings decrees and sentences of the said Court II. Stat. 32. H. 8.7 If in such a Court after sentence for Tithes the defendant appealeth the Judge there shall compell the party appellant by processe and censures ecclesiasticall to satisfie the other party his reasonable costs and in case of contumacie or disobedience upon complaint thereof two such Justices shall proceed as aforesaid Howbeit here the Judge shall take surety of the plaintife to repay the costs in case the cause passe against him Toll S. Fish 17. Transportation S. Actions popular 18. Corn Leather 58. Recusants 75. Treason S. Bailment 1. Trespasse I. Stat. 43. El. 7. If any shall be convicted by his own confession or by the testimony of one witnesse upon oath before one Justice of Peace or head Officer to have unlawfully cut and taken away any grain growing robbed any orchard or garden digged up or taken away any fruit trees broken any hedges pales or other fences cut or spoiled any woods or under-woods standing and growing or the like or to have been accessary thereunto shall for the first offence pay unto the party grieved such damages and within such time as by the said Justice or head Officer shall be appointed And in case the party offending shall not by the said Justice or Officer be thought able to discharge the said damages or shall not discharge them according to the order then shall the said offender be by them or either of them respectively committed to the Constable or other officer of the place where the offence was committed or the party apprehended to be whipped and for every other offence committed afterwards and proved as aforesaid the party offending shall receive the like punishment of whipping II. The Constable or other inferiour officer that herein refuseth or neglecteth to do his duty shall by any such Justice of Peace or head Officer be committed to prison without baile till hee whip or cause to be whipped the party offending as is above limited III. No Justice of Peace shall execute this Statute for offences done to himselfe unlesse hee be affociated with one or more Justices of Peace whom the offence doth not concerne Vagabonds Rogues 1. Stat. 39. El. 4. Justices of Peace within every County and Corporation have power in Sess to give order for the erection of houses of correction and also for the maintenance and government of the same and for the punishment of offenders which shall be thither committed II. All Scholars and seafaring men which beg All wandring persons which either beg use unlawfull games and playes faine themselves to have skill in Physiognomie Palinestry or the like or pretend to tell fortunes All persons that are or pretend to be collectors for Gaoles and Hospitals All Fencers Bearwards common Players and Minstrels wandring abroad other then such as shall be authorised by Noble-men under their hands and seales All Juglers Tinlkers Pedlers and petty chapmen wandring abroad All labourers which wander and refuse to work for wages reasnably taxed having not living otherwise to maintain themselves All persons delivered out of Gaoles which beg for their fees or otherwise do travell begging All Which wander abroad begging pretending losse by fire or otherwise And all such persons not being felons wandring and pretending themselves to be Egyptians shall be adjudged Rogues Vagabonds and sturd Beggars 16. III. If any such vagabond shall be taken begging wandring or misordering him or her selfe he or she by the appointment of any Justice of P. Constable Headborow or Tithingman there the two last being assisted by the Minister and one other of the parish shall be stripped naked from the middle upwards openly whipped till their body be bloudy and forthwith sent the next way from parish to parish by the Officers of each parish towards the place of their birth but if it cannot be known then towards the place where they last dwelt by the space of one whole yeer before such punishment and if that cannot be known then to the towne thorow which they last passed without punishment And if it cannot be discovered where they were born or last dwelt as aforesaid then are they to be conveyed by the officer there to the house of Correction or common Gaole of the County to be imployed in work or placed in some service and so to continue by the space of one yeer or in case they be not able of body that towne is to keep them till they may be placed in some Alms-house within the same County IV. After which whipping the vagabond shall have a testimoniall under the hand and seale of the said Justice Constable Head-borow Tithingman and Minister or any two of them testifying the day and place of his punishment the place to which he is to be conveyed and the time limited for his passage thither which time if by his owne default he exceeds hee shall from time to time incurre the like punishment till hee arrive at the place limited the substance of which testimoniall shall be registred by the said Minister in a book provided for that purpose in pain of v.s. V. If any such rogue seeme dangerous or will not be reformed two Justices of P. one of Quorum shall commit him to the house of Correction and if at the next quarter Sess by the more part of the Justices there he shall not be thought fit to be delivered he shall by them be banished and at the charge of that County shall be conveyed to such parts beyond the seas as shall by six or more of the privie Councell for that purpose be assigned to her Majesty her heirs and successors whereof the Lord Keeper or Treasurer to be one or otherwise adjudged to the gallies of this Realme as the said Justices shall think fit And if a rogue so banished return without licence he shall suffer as a felon to be tryed in the County where he shall be apprehended 17. VI. If a Constable Headborow or Tithingman be found negligent in the due execution of this act they shall forfeit x. s. for every default and none shall make rescous against any Officer or hinder the execution of this law in pain of v. li. and to be bound to the good behaviour 18. VII None shall transport such a rogue out of Ireland Scotland or the Isle of Man being born in any of those places in pain to forfeit xx s. to the use of the poor where he lands And if any such shall be hereafter found in England or Wales they shall suffer punishment and be
conveyed the next way home as aforesaid or in case they came by sea to the place where they landed from whence they are to be transported at the charge of that County to the place from whence they came VIII No impotent poor person shall passe to the Bath or Buxton without being licensed to passe by two Justices of P. where they dwell and provided with relief both for their journey and abode there and shall also return within the time limited by their licence in pain to be reputed and punished as Rogues and the city of Bath or towne of Buxton shall not be chargeable with any such IX Justices of P. of the Counties shall not intermeddle in Cities or Corporations but only the Officers of the same who shall have like power there that the said Justices have in Counties X. This act shall not extend to restrain the power which the citie of London hath in the government of St. Thomas Hospitall in Southwark or to prejudice any jurisdiction or inheritance of John Dutton of Dutton in the County of Chester Esquire XI The forfeitures and fines which shall accrue by this act other then that above otherwise limited shall be imployed for the maintenance of houses of correction or the reliefe of the poor where the offence shall be committed at the discretion of the said Justices of P. and may be levied by warrant under the hands and seals of two Justices of P. by distresse and sale of goods And here the confession of the offender or proof by two witnesses before two such Just shall be sufficient conviction XII Two Justices of P. one Quorum shall have full power to hear and determine all causes which may come in question by reason of this act XIII The Lord Chancellor or Keeper for the time being shall have power to make Commissioners to enquire of money given towards the erection or maintenance of houses of correction stocks for the poor or other such like uses XIV A seafaring man suffering shipwrack not having wherewithall to relieve himselfe and having a testimoniall under some Justice of P. his hand and seale near the place where he landed declaring the time and place of his landing the place of his dwelling or birth unto which he is to passe and the time limited for his passage may in the direct way home and within the time so limited for his passage ask and receive necessary reliefe without incurring the penalties of this act XV. This act shall not extend to children under seven years old nor to glassemen which travell without begging by licence under the hands and seals of three Justices of P. one Quorum of the County thorow which they travell XVI Stat. 1. Jac. 7. Noble personages shall authorize none to goe wandring abroad and glasse-men shall be reputed and used as rogues notwithstanding the Statute of 39. El. 4. XVII In stead of banishing an incorrigible rogue or committing him to the gallies as was ordained by 39. El. 4. he shall in open Sess be branded in the left shoulder with a burning iron having a great Roman R upon it as broad as a shilling and from thence shall be sent to the place of his last dwelling or if that cannot be known to the place of his birth after which time if he offend againe hee shall suffer as a felon without benefit of Clergie 5. XXVIII Every person that seeth or knoweth any rogue to beg shall convey or cause him to be conveyed to the next Constable or Tithingman in pain of x. s. to be levied and imployed as the forfeitures of 39. El. 4. and in default thereof then by the Lord of the Leet or his officer in like manner as the persons authorized by the said Statute should have levied and imployed the same And here also if the Constable or Tithingman doe not punish him according to that Statute he shall forfeit xx s. to be also levied and imployed as by the same Statute is appointed XIX This act shall not prejudice the jurisdiction or inheritance of John Dutton of Dutton in the County of Chester Esquire XX. Stat. 7. Ja. 4. There shall be an house of Correction provided in every Shire to set rogues and other idle people to work XXI The Justices in Sess shall from time to time appoint a Governour for the said house who shall have power to set such rogues and idle people to work and to punish them by moderate whipping or putting fetters or gyves upon them which rogues and idle persons shall not be chargeable to the Country nor have other allowance then what they shall deserve by their owne labour XXII The said Justices shall at least twice every yeer within their severall divisions and oftner if need be assemble and meet together for the better execution of this Statute and some foure or five dayes before their meeting shall by warrant command the Constables and Tithingmen of every Hundred Town and Hamlet being assisted with other sufficient men to make a generall privie search in one night within their severall precincts for the finding and apprehending of rogues c. and such as shall be found to bring to the said meeting to be examined punished or sent to the house or houses of Correction there to be set to work XXIII The said Constables and Tithingmen shall appear at the said meeting and there give an account upon oath in writing under the Ministers hand testifying what rogues c. they have taken in the last search or since the last meeting and how many have been punished or otherwise sent to the house of Correction which if they neglect to do or safely to convey such to the house of Correction as by the said Justices warrant shall be committed thither they shall incurre what fine the said Justices shall please to set upon them so it exceed not xl s. XXIV The Governours of the houses of Correction shall have such a summe of money yearly as shall be thought fit by the more part of the Justices of P. in Sess the same to be paid quarterly before hand by the Treasurers of the County the Governours giving security for their continuance in the said service XXV If any lewd woman have a bastard which may be chargeable to the parish the Justices of P. shall commit her to the house of Correction there to be punished and set to work one whole yeer and if she offend again then is she to be committed again there to remain till she put in good sureties for the good behaviour and not to offend so again Persons running away and leaving their charge to the parish shall be deemed and punished as incorrigible rogues And those that threaten so to do it being proved by two witnesses upon oath before two Justices of P. of the same division shall be by the same Justices sent to the house of Correction there to be punished as sturdy rogues unlesse they will put in sufficient sureties to discharge the town and
not to be delivered but at such a meeting as aforesaid or in open Sess XXVII If the Governours shall not every quarter Sess yeeld to the said Justices a true account of all such persons as shall be committed to their custody if they suffer any within their charge to make escape or to be trouble some to the Country by going abroad or otherwise they shall incurre what fine the same Just in Sess shall think fit to impose upon them XXVIII All fines which shall accrue by this act other then those already limited shall be paid to the Treasurers of the County and by them be accounted for See Labourers 11. Sheriffes 4. Victuall and Victuallers I. Stat. 12. E. 2.6 No person in any City or Corporation which by reason of his Office ought to keep the Assise of Wine and Victuals as long as he shall be attendant upon his Office shall buy or sell Wines or Victuals in paine to forfeit the same to the King whereof the prosecuter shall have the third part by the Kings gift 8. II. Stat. 23. E. 3.6 All Butchers Fishmongers Regraters Hostlers Brewers Bakers Poulters and all other sellers of Victuals shall sell the same at reasonable prises and for moderate gaine in paine upon proofe of the contrary before the Sheriffe or the Kings Bailiffes or before the Constables of the place by the evidence of two true men to forfeit the double value thereof to the party damnified or in his default to him that will sue for the same And all Maiors and head Officers of Corporations have like power and upon neglect of their duty herein shall forfeit the treble value thereof to the party or prosecuter as aforesaid and besides shall incurre a fine to the King to be imposed by Justices to be assigned by the King III. Stat. 6. R. 2.10 Aliens being in amity with the King and Realme may bring in victuall and sell the same in grosse or by retaile without the impeachment of any See Stat. 11 R. 2.7 1. H. 4.17 and 14. H. 6.6 IV. Stat. 13. R. 2.8 Victuallers shall sell their victuals at such reasonable prises as shall be set down by the Just of P. in two of their Sess to be holden betwixt Easter and Mich. in paine to be punished at the discretion of the said Justices where no paine is already limited in certaine 9. V. And here Sheriffes Stewards Maiors Bailiffes and all other which have power to keep Assise of Bread and Ale shall take no fine or amercement for any default touching the Assise for which the offender ought by Law to have bodily punishment VI. Stat. 23. H. 6.13 Justices of Peace shall twice every yeare cause all Statutes concerning Victuallers before this time made to be openly proclaimed in Sess VII Stat. 12. E. 4.8 No person other then Maiors Bailiffes Lords of Leets or others in point of Charter shall execute any Office of searching or surveying of Wine Ale Beere or any other Victuall or of the correction for breaking the Assise thereof in paine to forfeit 40. l. to be divided betwixt the King and the prosecuter And all Letters Patents of the King granted for that purpose shall be void VIII Stat. 3. H. 8.8 When a Victualler in a City or Corporation is chosen to beare an Office by reason whereof he ought also to have the Assising of Victuall during that time two other being no Victuallers shall be joyned and sworne with him truly to Assesse and set prises and Assises of Victuall there IX Stat. 25. H. 8.2 The prises of Victuall in all places except Corporations shall be assessed by the Kings Councellours Justices of either Bench and some other great Officers X. Stat. 2 3. E. 6 15. Butchers Brewers Bakers Poulters Cooks Coster-mongers or Fruiterers which conspire or promise together that they will not sell their victuals but at certain prises shall forfeit for the first offence 10. l. to the King and if they pay it not within six dayes after conviction they shall suffer 20. dayes imprisonment and during that time shall have no sustenance but bread and water for the second offence they shall forfeit 20. l. and that not paid within six dayes as aforesaid shall suffer the Pillory And for the third offence shall forfeit 40. l. and that not paid within the time above limited shall againe suffer the Pillory lose one of their eares and be ever after taken as men infamous and not to be credited XI Just of P. Maiors Bailiffes and Stewards in Sess Leets and Courts have power to heare and determine these offences See Alehouses 5 15 26 28. Butter 1. Corne Forestallers 5. Purveyors 56. Vintners S. Wines Alehouses 29. Under-Sheriffe S. Sheriffes Usury 1. Stat. 37. H. 8.9 None shall sell his wares or merchandise to any and within three months after buy the same againe at a lesser prise knowing them to be the same wares or by any corrupt bargaine of wares money or other thing or by any mortgage of Land take in gaines for giving day of payment more then according to the rate of 10. per centum for one whole yeare in paine to forfeit the treble value of the wares or money so put forth or the treble value of the profits of such lands mortgaged to be divided betwixt the King and the prosecutor And besides shall suffer imprisonment and make fine at the Kings will II. Stat. 13. El. 8. All bonds contracts and assurances upon Usury in lending or doing any thing contrary to the Stat. of 37. H. 8.9 shall be void and all brokers and soliciters thereof shall be adjudged and used as Councellors Attornies or Advocates in any case of Praemunire III. He that taketh no more then after the rate of 10. l. per centum or lesse shall onely forfeit the interest to be recovered and imployed as the forfeitures of 37. H. 8.9 IV. Justices of Oyer and Terminer of Ass and of P. in their Circuits and Sess and Maiors Sheriffes and Bailiffes of Cities have power to heare and determine all offences committed against 37. H. 8.9 V. This Statute of 37. H. 8.9 shall be construed largely and strongly against the party offending by any way or devise directly or indirectly VI. This Act shall not extend unto any allowances or payments for the finding of Orphans according to the ancient rates of London or of any other City where order is taken for their custody and goods as in London VII The offender against the Stat. of 37. H. 8.9 may also be punished by the Ecclesiasticall Laws VIII Stat. 21. Jac. 17. None shall upon any contract directly or indirectly take for loane of any money or other commodities above the rate of 8. l. per centum for one whole yeare in paine to forfeit the treble value of the money or other things so lent IX No Scrivener Broker or Soliciter shall take or receive directly or indirectly for brokage above the rate of 5. s. for the loane of 100. l. for one whole