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A87531 Pacis consultum: a directory to the publick peace: briefly describing, the antiquity, extent, practice and jurisdiction of several countrey-corporation-courts; especially, the court leet. An exact and perfect method to keep a court of survey for the setting forth and bounding of the mannors, lands, and tenements; with the articles to be therein given in charge: a work most useful: of which subject, never was any thing printed before. An abstract of the penal statutes, useful for all men to know. Also some difficult questions in law, proposed unto, and resolved / by Judge Jenkings. Jenkins, David, 1582-1663. 1657 (1657) Wing J597; Thomason E1672_2; ESTC R202614 51,715 145

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afraid it is too late already but hope better and do hereby invite all lovers of their countries good effectually to put in practice all such Laws and Statutes as are ordained for the preservation of Wood and Timber as here they follow Statute 35 H. 8 17. There shall be left unfelled in every acre of Copice or Under wood which shall be felled at twenty four yeers growths or under twelve Standils of Oak or if there be not so many Oaks the number shall be made up of Elm Ash Asp or Beech which Standils shall no● be felled until they bear ten inches squar● within thre foot of the ground on pain that the owner of the Wood shall forfeit for every Standil nor so left 3 s. 4 d and for every Standil left and afterwards cut down before he come to that bigness as aforesaid 3 s. 4 d. the forfeitures to be divided between the King and the Prosecutor None shall convertinto tillage or pasture any Underwood or Cop●ce containing two acres or above and being two furlongs distant from the house of the Owner thereof or from the house whereunto such wood doth belong on pain to forfeit 40 s. for every acre so converted it were well if this were carefully looked after But the owner of any such Copice or Under wood may fell Standils for his own use for building or repairing c. notwithstanding this Act. The Lord of the Soyl shal not fell or cut down any Wood or Copice wherein others have Common except it be to his own use before he and the Commoners shall agree in the setting out a fourth part thereof to be imployed to the use of the Lord and in case they cannot agree thereupon two Justices of Peace appointed by the Sessions shall have power to call before them twelve of the Commoners and Inhabitants and with the consent of the Lord and them shall set our a fourth part thereof to be inclosed by the Lord within one month after and then to be felled at his pleasure being subject to t●e same Laws and penalties upon breach thereof as other Copices before mentioned are and if any Beast be suffered to come into such fourth part within seven yeers after it is felled the Owner of such Cattel shal forfeit for every such Beast 4 d. if the Owner of any such Copice or Wood cut down any Trees or Underwoods there contrary to the form aforesaid he shall forfeit for every tree so cut down 6 s. 8 d. All these forfeitures are to be equally divided between the King and any one that will sue for the same in any Court of Record c. Vpholsters None shall make to sell or offer to be sold any Feather-Bed Bolster or Pillow except the same be stuffed with dry-pulled Feathers or clean Down only without mingling of scalded Feathers fenne-Down Thistle-Down Sand Lyme Gravel or other unlawful corrupt stuff on pain to forfeit the same so offered to be sold or the value thereof Likewise none shall make to sell or offer to be sold any Quilt Mattress or Cushions stuffed with any mingled stuff other then Feathers Wool or Flocks alone on pain to forfeit the same so put to sale or the value All which forfeitures are equally to be divided between he King and any person that will sue for the same Brokers Vsurers and Extortioners Three Birds of a Feather not a pin to chuse these are destructive Locusts that live by the sweat of other mens brows the most wicked of all people abhorrent and against the Laws of God and Nature for usurae legitimae sunt illicitae nay nulla usura legitima est those usuries which our Politick Laws allow though they may be said to be lawful usuries and the most legitimate quoad nostram legem yet they are illegitimate and all unlawful secundum legem Dei Those most wretched people the Jews having received from God a most express Command not to oppress their brethren with Usury they practise no vice more and have spread their grangrene throughout almost all Nations whither Gods judgments have scattered them but especially to the great shame of Christians have in this respect found most imitation in England And notwithstanding the prudency and vigilant care of our Supreme Governors to cut off the Hydrean heads of these Serpents they carry their poyson so subtilly as to destroy whole families under the pretended coverture of innocency in the eye of the Law but yet certainly their skins may be pulled off and their wickedness appear if duly looked after I shall therefore first begin with the Brokers who lend money upon pledge or pawn as they call it that is seldom exceeding the quarter or a little more of the value of the thing so laid in pledge shall be the sum of money so lent and under this notion the Brokers shops are the harbors and receptacles of thieves for they receive like hell all that comes not caring whether the bringers be the right Owners or not so there appear a visage of gain and though the right Owner finde his own Goods in their possession yet they under pretence of the alteration of property will not deliver them But let them know that the sale of Goods wrongfully gotten to any Broker in London Westminster Southwark or within two miles of London shall not alter the property the●eof And if any Broker having received any such Goods shall not upon the request of the true Owner truly discover them how and when he came by them and to whom they are conveyed he shall forfeit the double value thereof to the Owner of the said Goods Stat. 1 Jac. 21. But th●s is not all for by an Act of the Jate Sessions of Parliament holden at Westminster in the County of Midd. Anno 1651 it is enacted and ordained That no person or persons shall directly or indirectly or by any craft or colour whatsoever take above 6 l. for the loane or interest of 100 l. for a yeer or over and above that rate for a greater or a lesser sum shall forfeit the treble value of the money or goods so lent to be divided between the Protector any party that will sue for the same in any Court of Record by Indictment Action of Deb● Bill Plant or Information And if any Scrivener or Broker shall take any more then 5 s. for the procuring of 100 l. for a year or according to that rate for a greater or lesser sum shall forfeit 20 l. and the P●llory Nevertheles so cunningly do these brokers and Usurers carry their designs that viis modis they take at first peny after the rate of 30 l. per annum per cent and as they handle the business they make it amount to above 60 l. per annum per cent besides the trade of those that let money at 2 s. in the pound deducted for twenty weeks and have their money also paid weekly Well therefore were it to be wished and is much to be desired that these offences were duely prosecuted and this enormous vice corrrected so much conducing to the good of the Common-wealth and well-being of all people in general who must earn their bread before they eat it Several other kinds of Extortion there are especially in Bayliffs under-Sheriffs Goalers Sergeants and such-like which I shall omit here and leave them till another opportunity because their corruption will fill up whole volumes unless I be prevented by their being reduced by the diligent hand of Justice as I hope shortly they will FINIS
upon which a forceable entry is made and die before any complaint is made thereof his heir is not a party grieved to make complaint If a ma● make a lease for five yeers upon condition that if within the first two yeers the lessee pay to him 10 l. that then he shall have fee and livery is made accordingly there if any such forceable entry be committed within five yeers although that the condition be not performed yet th● lessee is a p●rty grieved by this Statute A man possessed of a term makes the heirs of J. S. his Executors and dies the said J. S. being also then dead leaving issue a daughter his wife pregnant with another daughter the first enters into the land after which the other is born and then such a force is committed both the daughters are parties grieved Who are bound to ge with the Justices at their command to remove a force what is their penalty in case they refuse to go and of what force is the Iustices record A man attainted of Felony upon request made is bound to go with the Justices to remove a force Dukes Earls Lords Barons and every Apprentice and Servant is bo●●● by the Statute to go with the Justices to remove a force An Alien born and not made a Denizen or a man who is not of sound memory an Infant within the age of fourteen yeers or any woman sole or covert are not compellable to go with the Justices to remove a force A man going under bayl for debt or trespass is not bound to go If hue and cry be made at one end of the Town and the Justices require them at the other end of the Town they are bound to go with the Justice to remove a ●o●ce But if they have taken a Fellon or ●are in pursuit of a Fellon at the time of request they are not bound to go If the Sheriff Constable or other Officer without any Warrant Process or Precept require any person to go with the Justices to remove a force they are not bound to go by this Statute neither can an Officer arrest or imprison them by this Statute for their refusal But the Justices themselves may require them being in their presence by word only and upon their refusal imprison and fyne them If a forceable entry and detainer with force be made upon the possession of a Justice of peace he himself upon the view of it cannot remove the force But if upon a force committed they also assault the Justice himself then he may commit them to prison If one part of a house be in one County and another part in another County and when the Justices come to remove the force before they can arrest them they go into another part of the house which is in another County there they cannot remove the force by this Statute If a man enter the house of another by force and expels the owner thereof to one part or end of the said house and detain the house with force the Justices may remove this force and commit the offendor to prison If the Justices be present upon other business where a forceable entry is made when they are informed thereof before any detainder they cannot arrest them and commit them to prison by this Statute If the Justices come to remove a force and upon an arrest made the offendors escape into another County the Justices cannot arreast them nor commit them to prison by this Statute although it be upon fresh suite If the Justices come to remove a force and the offendors before any arrest make an escape for that time but in the morning they are brought back again before the same Justices to the same place by vertue of their Precept yet they cannot commit them by vertue of this Statute If the Justice come to remove a force and before that they can arrest the offenders they escape from thence upon that the Justices may well record this detainer with force by this Statute If the Sheriff is made Justice of peace and after in the same yeer that he is Sheriff he cometh to the place where the force was he cannot make a Record of this by the Statute If the Justices upon their coming to remove the force make a Record thereof and commit the offendors to prison and although it appeareth by the same Record That it was not a force upon the matter yet no remedy for the party so convicted If the Justices make a Record That they did see where indeed there is no such matter yet the parties cannot traverse it If the Justices come to remove a force and a Rescue is made to the Officers and others there present to remove them they may Record that as well as the force But if the Justices upon view of a force record a Murder Maim or Man slaughter this is no Record by this Statute If the Justices upon a force committed and complaint thereof made make enquiry thereof without going to the place it self where the force was this is also a good enquiry by this Statute But if the Justices upon view of the force make a Record thereof and their Record containeth that the force was made with twenty persons and the inquiry found it but ten persons this enquiry is not good by this Statute If several enquiries be made by several Justices upon a forceable entry every one of them is a good enquiry If the Justices in their inquiry of force present an Inquest by persons not sworn to do it the inquiry maketh mention that they were sworn yet this is a good enquiry But if the enquiry be made under the number of twelve this is not a good enquiry If any of the jurors before whom any such Inquest is taken be attained of a false Oath or in decies tantum or are Ambo-dexters this is not a good enquiry But if there be twelve persons in the jury over and above the persons attainted the inquest is good If it be found by inquest that A. B. was seized until J. D. diseised him with force by this inquiry A. B. shall have restitution If it be found that the father made a lease for years and died the years expired and before any entry made by the son a force is committed the son shall not have restitution by this Statute A man seized of Land hath issue a daughter and dieth his wife great with child of a son the daughter is ousted by force and after the Son is born and all this matter is found by inquest yet the Son shall not have restitution but the daughter shall have it If it be found by several Inquests that a man is ousted with force by several persons at sundry times of one and the same thing each Inquest is good and he may have restitution upon which of them he will but when he hath restitution upon the one then he shall not have restitution upon the other If it be found by several inquiries