infoelicitas in vijs eorum viam pacis non cognouerunt And againe speaking in their persons Psal 11. he saith Qui dixerunt linguam nostram magnificabimus labia nostra a nobis sunt quis noster dominus est And for that case the same king well obseruing the sea of mischiefes miseries and calamities which daily doe flow from euill tongues made his humble prayer vnto God to graunt him power to be watchfull of his owne tongue Psal 140. saying Pone custodiam ori meo et ostium circumstantiae labijs meis And when he perceiued that God had heard his prayer Psal 38. he said ioyfully Dixi custodiam vias meas vt non delinquam in lingua mea viz. I haue made a full resolution and promise to my selfe that I wil so vse and gouerne my spéech that I will neuer offend in my tongue And the said king telleth vs plainely that there is no other meanes to haue the comfort of this life Psal 33. and to enioy good daies in this world but to restraine the tong from speaking of euill the lips from powring out mischiefe and to séeke peace and follow it Prou. 18. And his sonne king Salomon confirmed the same saying Vita est mors in manibus linguae And though slaunderous speeches and menaces be but words and may be taken but only as a smoke a breath or blast of wind and so to vanish and be dispersed in the aire like dust yet experience doth teach vs that by the imbecilitie of mans iudgement and the corruptionn of his nature they be vsed as firebrands of priuat and open grudges quarrels conspiracies most other tragicall turbulent stratagems and therby a verbis ad verbera peruentum est And we seldome heare of any the said enormities effected but they tooke their beginnings of menaces threats slanders or other euill words which offences growing by menaces other spéeches tending to contention and the breach of the peace the whole bodie of this realm hauing déeply tasted the smart therof desirous to preueÌt the like by a stat made anÌ 18. Stat. 18. E. 3. E. 3. did ordain that the K. Iustices amongst other articles shal be sworn in case any of what estate or condition they be come before theÌ in their Sessions with force armes or otherwise against the peace Sta. 2. E. 3. 3. or against the form of the statute therof made or disturbe execution of the common law or to menace the people that they may not pursue the law they shall cause their bodies to be arrested put in prison Menacers shal be imprisoned And in case they be such that they caÌnot arrest them the same Iustices shall certifie the K. of their names of their offence speedily so that he may therof prouide conuenient remedie There is another foule puddle that ouzeth froÌ the same corrupt gogmire distilleth out of a heart likewise infected with malice enuie but is deuised and practised by another mean thaÌ the former which is by libelling secret slandering or defaming of another for this priuie backebiter doth not by words impeach his aduersarie in so manifest and turbulent maner as the cholerick menacer in his furie doth but seeming to sit quietly in his studie he doth more déeply pinch him infixeth a more durable wound into his fame credit than the other boistrous fellow doth into his bodie who in a moment threatneth to do more than peraduenture he after is willing or dareth to performe in an age The menacer layeth open his name his grief and standeth in the face of his enemy discouereth the corasiue of his mind doth thereby giue a forewarning to his aduersarie to prouide for defend himselfe But this secret canker the libeller concealeth his name hideth himselfe in a corner priuily stingeth him in fame reputation credit who then neither knoweth from whom or vpon what cause he receiueth his blows nor yet hath means therin to defend himselfe And whether this libelling Co. li. 5.125 secret slandering or defaming The enormities of priuie defaming and libelling be against a publike magistrat or a priuat person yet it may tend to the breach of the peace to the raising of quarels effusion of blood so may be a speciall impedimeÌt of that peace which all good policie endeuoreth to maintaine For if it be against a publike magistrat it is a great scandall offence to the king his chief magistrats the whole gouernment of the realm to assigne such an officer to rule and gouerne others who himselfe is void of gouernmeÌt and shall deserue to be impeached with such crimes as he shal be taxed with or shal be imputed vnto him by such an infamous libell And if it be but against a priuat person yet seeing that a libel or other note of infamie is inuented to defame him to tread his honor estimation in the dust to extirpate and root out his reputation credit from the face of the earth to make him a scorne to his enemies to be derided despised by his neighbors it doth greatly kindle the wrath of him of such as be of his kindred alliance true friendship vrge them to reuenge whereupon do ofttimes ensue grudges quarels fraies combats manslaughters Sometimes the malicious defamor powreth out his venim in writing by a scandalous booke ballad epigram or rime either in mitre or prose some other times by sons scofs iests or taunts diuers times by hanging of pictures of reproach signs of shame or tokens of disgrace néer the place where the party therby traduced doth most conuerse as the picture of the gallowes pillorie cucking stoole hornes or other such like In which cases the law hath prouided that the partie delinquent when he is found out discouered shal be sharply punished for he may either be indicted for the same offence by the ordinarie course of the common Law Or else a Bill may be exhibited against him in the Starre chamber The punishment of a secret Defamor where he shal be punished according to the qualitie of his demerits by fine imprisonment and if it be an exorbitant offence then by Pillorie losse of his eares whipping or c. or the party gréeued may haue an Action vpon the case against the offendor recouer his damages Lib. Intr. fol. 13. And in this case it is not material whether the Libel be true or false or the party scandalized thereby be lyuing or dead or be of good name or euill for though the libell be true the party defamed be euill yet our good Lawes be deuised to punish him such like euill men by a due course of justice after his offence is presented inquired of tried proued to his face before lawfull magistrates thereunto assigned and he is not to be carped at accused condemned in a corner behind his backe by
at which sessions the said person vpon his reconciliation repentance before the said Iustices at the said sessions shall be deliuered out of prison vpon sufficient surety of his good abearing and behauiour to be then and there taken by the said Iustices for one whole yeare then next ensuing as by the discretion of the said Iustices then and there being or of the more part of them shall be thought conuenient And if the said person will not be reconciled and repent at the said quarter sessions then he shall be further committed to the said Gaole by the said Iustices there to remaine without baile or mainprise Rescuing the offendor or disturbing the arrest vntill he shall be reconciled and be penitent c. And if any person or persons of their owne authoritie willingly and vnlawfullie doe rescue any offendor so apprehended or will disturbe the said offendor to be apprehended then euery of the said Rescuers or disturbers shall suffer like imprisonment as is aforesaid and further shall pay for euery of his offences v. l. to the Quéene The punishment of the Town where the offendor dothe scape If any of the offendors aforesaid be not apprehended in time conuenient but doe escape then the said escape shall be lawfully presented before the Iustices of peace at the next quarter sessions c. and the Inhabitants of the parish where the said escape was suffred shall forfeite to the Quéene c. for euery such offence v. l. to be leuied and taken as other like amerciaments and fines be leuied vpon any village hundred or towne for the escape of any murderer or other felon for not making pursuit vpon huy and cry according to the Statute of Winchester and the statute of 3. Punishment by Ecclesiasticall laws H. 7. 1. This Act shall not extend to take away the authority and punishment of the Ecclesiasticall lawes standing in force for the punishment of any of the offences aforesaid But they shall be vsed in euerie thing as though this act had neuer ben made Whatsoeuer person offending in the premisses shal for any the offences afore recited receiue punishment of the Ordinary hauing Testimoniall thereof vnder the said Ordinaries seale shall not for the said offence eftsoones be conuicted before the Iustices Eté conuerso 27 To the intent vtterly to take away all quarreling brawling fraying and fighting openly in Churches and Churchyards by a statute made An. 5. 6. E. 6. it was ordained Sta. 5. 6. E. 6. 4 That if any person whatsoeuer doe by words only quarrell Chiding in a Church or Churchyard chide or brawle in any Church or Churchyard Then it shall be lawfull to the Ordinary of the place where the offence is done and proued by two lawfull witnesses to suspend him being a Layman ab ingressu Ecclesiae and being a clerke from the Ministration of his office so long as he thinketh méete Smiting in a Church or Churchyard according to the fault And if any person or persons shall smite or lay any violent hands vpon any other either in any Church or Churchyard then ipso facto euery person so offending shall be déemed excommunicat and be excluded from the fellowship and company of Christs congregation And if any person shall maliciously strike any person with any weapon in any Church or Churchyard Drawing or smiting with a weapon in a Church or shall draw any weapon in any Church or Churchyard to the intent to strike an other with the same weapon then euery person so offending and thereof being conuicted by verdict of xij men or by his owne confession or by two lawfull witnesses before the Iustices of assise Iustices of oyer and determiner or Iustices of peace in their sessions shall be adiudged by the same Iustices before whom such person shall be conuicted to haue one of his eares cut off And if the person or persons so offending haue none eares whereby they should receiue such punishment as is aforesaid Then he or they to be marked and burned in the chéeke with an hot yron hauing the letter F. whereby he or they may be knowne and taken for fray makers and fighters and besides that euery such person to be and stand ipso facto excommunicated as is aforesaid 28 As the law hath alwaies had a principall and most speciall regard that there should be no breach or disturbance of the peace to those persons places and tymes which be dedicated and deuoted to the seruice of God to the Ministration of his Sacraments and preaching of his worde So hath she a secondarie respect that the King the head of the Realme and chiefe fountaine of peace may haue tranquillitie and peace at the time and in the place where he doth rest and in person make his aboade whereupon by a Statute made Anno 33. H. 8. it was enacted Drawing of bloud within the Kings pallace That if any person shall maliciously strike any other person Stat. 33. H. 8. 12. whereby bloud shall be shed in any of the Kings houses or pallaces or in any other house where the Kings Maiestie his heires c. ââât be at that tyme abiding in his royall person viz. within any edifices courts places gardens orchards or houses within the Porters warde of any the houses aboue rehearsed or within any gardens priuy walkes orchards tilt-yards woodyards tennis playes cockfights bowling allies neare adioyning to any of the houses aforesaid and being part of the same or within 200. foote of the standard of any outward gate or gates of any of the said houses commonly vsed for passage from any of the houses c. and shall be thereof indicted arraigned and attainted according to the Statute in that case prouided he shall haue his right hand stricken off be imprisoned during his life and make fine to the King at his pleasure But this act nor the paines and forfaitures before rehearsed shall not extend to any Noble man or other person that shall strike his seruant within the said pallaces or houses or the limits of the same with his hand or fist or any small staffe or sticke for correction for any offence committed Nor to any of the Kings officers that in executing his office shall strike any person with his hand or fist or small staffe sticke or tipstaffe Nor to any other person that in doing seruice at any triumphe or any other time of seruice by the King or any of his Councell or other his head officers commaundement shall for the executing of his said seruice strike any person with his hand fist small staffe or sticke or any tipstaffe within the same pallace house c. although by reason of the same stroake or stroakes there happen to be any bloud shead of such person as shall be so striken except the person so stricken dye of the same stroake within one yeare next after Long time before the making of this statute King Alured ordeined a law
good iustification for him though the Iustice of peace did erre in the awarding of the proces And the same law is if the Shirife doth erre in any warrant that he doth direct to the Bailife of a Libertie Arresting an offendor deliuering him to the Constable If a man do arrest an other 10. Ed. 4. 17. who he knoweth hath committed a robberie man slaughter or other felony do deliuer him to the Constable to carrie to the gaole and the Constable will set him at libertie or doth not carrie him to the gaole or that the same person arrested be rescued out of the possession or custodie of him that did arrest him yet in neither of the foresaid cases he that was arrested shall haue an action of False imprisonment against him that did arrest him for that there was no default in him that the offendor was not imprisoned according to his desert ImprisonmeÌt vntill he hath made an Obligation 50 An action of False imprisonment was brought for imprysoning the plaintife vntill he had made an Obligation of xl 2. Ed. 4. 19. pounds to the defendant and others vnknowen by duresse and this was adiudged maintenable for if the plaintife did not know their names he could not expresse their names for the Obligation is not the effect of this suit but the imprisonment and he shall not recouer dammages for the Obligation but for the imprisonment for that he is not yet damnified by the Obligation because when that is sued he may plead that it was made by duresse of imprysonment and so auoid it But if the action of False imprisonment be brought of an imprisonment vntil he had made a fine he shall recouer dammages for both for he is presently grieued by the fine and so is he not by the Obligation 51 If a master do imprison a man in a house 22. Ed. 4. 45. and deliuer the key of the doore of that house to his seruant The seruant not chargeable for the masters offence the partie imprysoned cannot haue an action of False imprysonment against the said seruant for the kéeping of the key But if the seruant that hath the key do know that the same partie were wrongfully imprysoned then he ought to let him go at libertie for the seruant is bound to obey his masters commaundement but in those things that be lawfull onely And if the seruant which kept the key did not know that the same partie was imprysoned in that house then vpon his plea of not guiltie he shall be excused in an action of False imprisonment brought against him by the partie imprisoned ImprisonmeÌt by force of a Iustices 52 If a writ of Natiuo habendo or a Iusticies be directed to the Shirif 2. H. 4. 24. he cannot iustify the impris of any man by force therof for they be but commissions to hold plea. And the bodie of a man shall not be arrested or taken but by proces awarded out of a court of record and by those Commissions the Shirises court is not made a court of record 9. Ed. 4. 30. 53 In an action of False imprisonment A warrant vpon a Supplicauit it is a good iustification for the defendant to plead that a Supplicauit came to the Shirife to apprehend the plaintife who made his warrant to the defendant to take him which he did accordingly And yet the Shirife can not giue his authority to an other to take suerty of him 5. H. 7. 6. 54 A Iustice of peace can not direct a warrant to apprehend him who hath broken the peace for he is to be punished by inditement Arresting him who would break the peace at the Kings suit or by action of Trespas of batterie at the partie grieued his suit But he may direct his warrant to apprehend him who he doth doubt meaneth to breake the peace in time to come and to bring him before himselfe or some other Iustice or else to commit him to prison for one Iustice of peace alone may doe his endeuor to preserue the peace before it be broken but being once broken it must be punished by inditement in the presence of diuers Iustices of peace or by action at the common Law Sta. 5. El. 4. 55 If any seruant woorkeman or laborer Imp. of a seruant for assaulting of his master shall wilfully or maliciously make any assault or affray vpon his master mistresse or dame or vpon any other that shall at that time haue the charge or ouersight of him or of the worke wherein he is appoynted or hired to worke and beeing thereof conuicted before any two of the Iustices of peace Maior or head officer of a towne corporat where the offence is committed or before either of the Lords Presidents of the North or Wales by the confession of the said seruant workman or laborer or by the witnesse and oath of two honest men Then euery such offendor shall suffer imprisonment by the space of one whole yeare or lesse by the discretion of two Iustices of peace if it be without a towne corporat if it be within a towne corporat then by the discretion of the Maior or head officer of the same towne corporat with two others of the discréetest persons of the same corporation at the least And if the offence shall require further punishment then to receiue such other open punishment so as it extende neyther to life or limme as the Iustices of peace in open Sessions or as the more part of them or the said maior or head officers or vj. or iiij at the least of the discréete persons of the same corporation before whom the offence shall be examined shall thinke conuenient for the qualitie of the said offence so committed 56 By which foresaid cases and many more Where imprisonment is lawfull and where not it appeareth that imprisonment is lawfull and sufficiently authorized by the Common Lawes and Statutes of this Realme in diuers respectes and for many crimes and there is by it no breach of the peace nor offence to the Law when it is inflicted by the warrant of the law for it aduaunceth as much the justice and peace of the Realme to haue offendors punished as to haue the innocent protected But the imprisonment which tendeth to the breach of the peace and the offence of the law is when one person or more vpon his or their owne authoritie eyther in reuenge of some supposed wrong receiued or in hope of a priuat gaine expected or for some other cause will of his or their owne authority imprison or arrest an other for the redresse whereof the party grieued shall haue an action of false imprisonment or an action of trespas recouer his damages And the same offendor which before did wrongfully imprison an other shall then vpon his conuiction by verdict or his owne confession be himselfe lawfully imprisoned vntill he hath paid to the king a
of the same that first there ought to be awarded a Venire facias against the offendors and if they do not appeare then a Capias for the words of the Statute be if they do not come before the King and his councel or into the Kings Bench at the first precept then another precept shal be deliuered to the Sherife to take the said offendors c. And this proces must be returned before the Kings councell or in the Kings Bench but if there be awarded against the offendors a Subpena or a priuie seale it shall be void St. 13. H. 4. 7 30 Notwithstanding the said Statute of 13. H. 4. The penaltie of C. l. for not executing this Statute hath inflicted a penalty of C. l. vpon the next Iustices of the county where such riot shal be committed if the execution of that Statute be not done yet if other Iustices of the same county do performe that office then the next Iustices shall be excused and the same penaltie shall be saued for the Statute doth wholy or chiefly respect that the offendors shal be arrested or disturbed their offences inquired of recorded and punished and by that meanes the peace preserued for all the Iustices of peace within the commission how farre off soeuer they dwel so that they dwel within the said countie if they haue notice of such a riot rout or vnlawfull assemblie ought to enquire of it to record it and to suppresse it or otherwise they may be fined by the Lords in the Star chamber though the penaltie of one C. l. shal be inflicted onely vpon the two next Iustices for that they are intended most likely and soonest to haue knowledge of it But if the Sherife or Vndersherife should not come to the Iustices béeing sent for to assist the same Iustices and to further the repressing of that riot and the performance of that seruice then all the said Iustices dwelling néere or remote shal be excused of the same penaltie of C. l. or any other for the said statute doth giue him equal authoritie and as it were ioyne him in commission in the copulatiue with them St. 13. H 4. 7. 31 It appeareth by the said stat of 13. H. 4. Trauerse to an Inditement of Riot that if the offendors trespassors do trauerse the matter certified by the Iustices of peace to the King his councell the same certificat and trauerse shal be sent into the K. Bench and there be tried determined according to the law And in like sort if the trespassors offendors do trauerse the matter found by Inquisition before the Iu. of peace in the countie the same Inquisition shal be sent to the Iustices of peace at the next Quarter Sessions of the same countie city borough or towne corporat hauing Iustices of Peace within themselues there the trauerse shal be tried and determined according to the Law the forme of which trauerse taken in a towne corporat is this Alià s scilicet ad Sessionem pacis tentam apud Buckingham in comitatu praedicto die Lune proximo post festum Sancte Trinitatur Anno regni dnÌi nrÌi Regis Iacobi dei gratur Angliae c. secundo coram Iohanne Nichols generoso Balliuo Burgi parochiae de Buckingham praedicta Francisco Fortescue milite Thoma Denton milite Richardo Ingolsbie milite Willihelmo Androwes milite Roberto Iohnson milite Paulo Risley armigero A trauerse to an InditemeÌt of riot Simone Lambard generoso alijs socijs suis Iusticiarijs dicti domini Regis ad pacem in dicto Burgo parochia conseruandam necnon ad diuersas felonias transgressiones alia malefacta in eisdem Burgo parochia perpetrata audienda terminanda assignatis per sacramÌ duodecem Iuratorum extitit presentatum Quod A.B.C.D.E.F. de Galcot cum diuersis alijs malefactoribus pacis dicti Domini Regis perturbatoribus modo guerrino arraiati vniti assemblati vicesimo die Maij hora quarta post meridiem eiusdem diei Anno eiusdem domini Regis nunc secundo vi armis viz. baculis gladijs pugionibus falcastris alijs armis tam inuasiuis quam defensiuis apud Prebend-end in Buckingham praedicta clausum cuiusdam L. M. vocatum Bone-hill close illicitè riotosè routosé fregerunt intrauerunt decem carractatas seni ad valenc ' quatuor librarum de bonis catallis dicti L. M. adtunc ibidem iniuste illicite ceperunt asportauerunt contra pacem dicti domini Regis contra formam statuti inde editi prouisi Per quod praeceptum fuit Iohanni Crooke subballiuo quod non omitteret propter aliquam libertatem c. quin venire faceret eosdem A.B.C.D.E.F. ad respondeÌdum c. Posteaque scilicet die Lune proximo post festum sancti Michaelis Archang ' anno regni domini Regis nrÌi Iacobi secuÌdo coraÌ praefatis Iusticiarijs veneruÌt pÌdicti A.B.C.D.E.F. in proprijs personis suis habito auditu Indictamenti pÌdicti seperatim dicunt quod ipsi non sunt inde culpabiles Et de hoc ponunt se super patriam Et H. I. qui pro domino Rege in hac parte sequitur similiter Ideo veniunt inde Iuratur coram Iusticiarijs dicti dnÌi Regis ad pacem in Burgo parochia pÌd conseruandam assignatis c. ad Sessionem pacis apud Buck. pÌd die Lune proximo post Epiphaniam dnÌi tunc proximo futuro teneÌdam Et qui c. Ad recog c. Quia tam c. Idem dies datus est tam praefato H. I. qui sequitur ê DnÌo Rege quam pÌfatur A.B.C.D.E.F. Ad quas quidem Sessiones pacis tentas apud Buck. pÌd in comÌ pÌd dicto die Lune proximo post festum Epiphaniae domini Anno regni dicti Regis dnÌi nostri Iacobi tertio coram dicto Balliuo dictis F.F.T.D.R.I. socijs suis Iusticiarijs dicti DnÌi Regis ad pacem in dict' Burgo parochia conseruandam necnon ad diuersas felonias transgressiones alia malefacta in eodem Burgo parochia perpetrata audienda terminanda assignatis venerunt tam pÌfatus H.I. qui pro dnÌo Rege in hac parte sequitur quam pÌfatur A.B.C.D.E.F. in proprijs personis suis Et Iuratores ê subballiutim Burgi parochie pÌd ad hoc impannellatur exacti viz. E.F. Mercer O.P. Draper c. similiter venerunt qui ad veritatur de pÌmissis dicendam triati iurati dicunt super sacrum suum quod pÌd A.B.C.D.E.F. culpabiles sunt eoruÌ quilibet culpabilis est de transgressione contemptu riotto pÌd in Indictamento pÌd superius specificatis modo forma prout superius versus eos supponitur Ideo coÌcessuÌ est ê curÌ ê pÌd A.B.C.D.E.F. capiantur ad satisfaciendum dicto domino Regi de finibus suis occasione transgressionis contemptus riotti
the land be seuerall yet their possession touching the profit thereof is ioynt And this Action is founded vpon the possession And whereas both the Statute of 1. H. 5. and 5. Eliz. doe ordaine that the partie and parties grieued shall and may at his and their pleasure haue and sue this Action of forger of false déedes in this case both the Ioyntenants and tenants in common be the parties grieued for that their land is molested troubled recouered or charged by this forged déed Fitzh Forger 5. But if there be two Ioyntenants or tenants in common of certaine land and one of them doth forge a false Release or other Déede whereby the whole land is intended to be conueied to himselfe in this case the other Ioyntenant or c. may haue an Action of forger of false déeds against his said ioyntenant or c. for that forged and false déede was made to the intent that the right or title of the forgers companion in estate should be molested troubled defeated or recouered And in this case he is the partie grieued to whose onely disherison the said forgery doth trench 21. H. 6. 4. 21 In an Action of forger of false déedes One sealeth a déed by an others commandement the Defendant pleaded that the Plaintife being seised of certaine land did couenant with a stranger to enfeoffe him of the same land whereupon the same stranger came to the defendant being a Clerk and requested him to make a déed of feoffment of the same land which he did and after by the plaintifes commaundement he sealed the same déede and after did reade the déede at the time of the liuerie and seisin which is the same forgerie and proclamation and that was adiudged a good Plea for when the defendant sealed the feoffement by the plaintifes commaundement and in his presence it was the plaintifes owne act and déede and his owne sealing and not the defendants for the plaintife did vse the defendants hand but as his instrument therein as men vnlearned doe vse an other mans hand to helpe or direct them to subscribe their names to a Deede 9. H. 6. 26. 7. H. 6. 34. 22 If the father do forge a déede and after dieth One forgeth and another doth publish and then his sonne doth find the same déede and doth pronounce publish or shew forth in euidence the same déede knowing the same to be false and forged to the intent the estate of fréehold or inheritance of any person of in or to any lands c. should be molested troubled defeated or recouered this is forgerie in the sonne and he shall be punished according to the foresaid Stat. of 5. El. And the same law is if one man do forge a déed or c. and an other man knowing thereof shall publish it to any of the intents aforesaid this is forgerie prohibited by the same statute for the same stat of 5. Eliz. is in the disiunctiue viz. if any person shall forge or publish Forgerie by antedating of a deed 23 If a man doe make a feoffement to one person of certaine land 27. H. 6. 3. and doth deliuer possession therof accordingly and after he doth make a feoffement to another person of the same land bearing date before the first feoffement but doth not deliuer it this last feoffement is not the feoffors déed But yet if hée do publish it to be his déed the first feoffée may haue an action of forger of false déeds against him for when he had made the first feoffement of the land hée then had nothing left in him of the same land And therefore when hée made the second antedated déed of that land it was a false and forged déed and then after publishing pronouncing or shewing it forth to be his déed it was with intent to molest trouble defeat recouer or charge the land of the first and lawfull feoffée and so he is punishable according to the foresaid stat of 5. El. as hée was before by the stat of 1. H. 5. 24 Though the foresaid two statutes of 1. H. 5. and 5. Eliz. were ordained to punish those who should forge any false déed or c. to the intent to molest trouble charge or recouer the right or title of any person in his lands tenements or hereditaments or to the intent that any person should claime any lease for yeares or annuitie or should forge any Obligation Bill obligatorie Release Acquitance or other discharge of any debt account action suit demaund or other thing personall yet was there no prouision in either of them to punish those who should get into their hands any money goods cattels iewels or things of any other persons by colour of a false token or forged or counterfeit letter for the redresse whereof by a statute made anno 33. H. 8. St. 33. H. 8. 1 it was enacted That if any person or persons of what estate or degrée soeuer hee or they be Getting of other mens goods by counterfeit tokens or letters shall falsely and deceitfully obtaine or get into his or their hands or possession any money goods cattels iewels or other things of any other person or persons by colour or means of any false tokeÌ or counterfeit letter made in another mans name that then euerie such person persons so offending being thereof lawfully conuict by witnesses taken before the L. Chauncelor of England for the time being or by examination of witnesses or confession taken in the Star chamber before the K. honorable Counsel or before the Iust of Assise in their circuits for the time being or before the Iust of peace within any part of the K. dominions in their generall Sessions or by action in any of the K. courts of record shal haue suffer such correction punishment by imprisonment of his body setting vpoÌ the pillorie or otherwise by any corporal pain except pain of death as shal be vnto him or them limited adiudged or appointed by the person and persons before whom he shal be so conuicted of the said offences or any of them Suspected persons called before the Iustices 25 As wel the Iust of Assise for the time being as also ij St. 33. H. 8. 1 Iust of peace in euerie countie whereof one to be of the QuoruÌ shal haue power authoritie to call and conuent by proces otherwise to the said Assises or generall sessions any person or persons being suspected of any of the aforesaid offences to coÌmit him or theÌ toward or to let him or theÌ to baile vntil the next Assises or general sessioÌs there to be examined and further to be ordered by their discretions as is abouesayd Prouided alwayes that the Iustices of peace within euerie Citie Borough Towne and Franchise within this Realme or other the kings dominions shall haue like iurisdiction power and authoritie at their generall Sessions and otherwise to do and execute all and euerie
The penaltie for committing of wilfull periurie vnlawfull procurement sinister perswasion or meanes of any others or by their owne Act Consent or Agreement shall wilfully and corruptly commit any manner of wilfull periurie by his or their deposition in any of the Courts before mentioned or béeing examined ad perpetuam rei memoriam Then euerie person or persons offending shall for his or their said offence loose and forfeit twentie pounds to the King and the partie grieued hindered or molested by reason of any of the offences before mentioned that will sue for the same by A. B. P. or I. in any of the Kings courts of Record wherein no W. E. P. or I. shall be allowed and shall haue sixe months imprisonment without Baile or Maineprise And the oath of such person or persons so offending from thenceforth shall not bee receiued in any court of Record within England or Wales or the Marches of the same vntill such time as the iudgement giuen against the said person or persons shall be reuersed by Attaint or otherwise And vpon euery such reuersall the parties grieued to recouer his or their dammages against such person and persons as did procure the said iudgement so reuersed to be giuen against theÌ by action to be sued vpon his case And if the said offendor haue not any goods or cattels to the value of xx l. then he shall be set on the Pillorie in some market place within the shire citie or borough where the said offence shall be committed by the Sherife or his ministers if it be without any citie or towne corporat and if it be within any citie or towne corporat then by the head officer or officers of the same citie or c. or by his or their ministers there shall haue both his eares nailed and from thenceforth be discredited disabled for euer to be sworne in any of the courts of Record aforesaid vntill the iudgement shall be reuersed and thereupon shall recouer his dammages in manner and forme before mentioned In what courts Periurie shall be punished 23 As well the Iudge and Iudges of euery such of the said courts where any such suit is or shall be Sta. 5. El. 9. and whereupon any such periurie is or shal happen to be committed as also the Iustices of Assise and gaole deliuery in their seuerall circuits and the Iustices of the peace in euery countie within this realm or in Wales at their Quarter Sessions both within liberties and without shall haue authoritie by vertue hereof to enquire of all and euery the defaults and offences committed contrarie to this act by inquisition presentment bill or information before them exhibited or otherwise lawfully to heare and determine the same and thereupon to giue iudgement award processe and execution of the same according to the course of the lawes of this Realme ProclamatioÌ of this Statute 24 The Iustices of Assise of euery circuit within this Realme shal in euery countie within their circuits two times in the yeare St. 5. El. 9. viz. in the time of their sittings make open Proclamation of this Statute or of the effect thereof to the intent that no person shal be ignorant of the penalties herein contained Periurie punished in the spirituall court 25 Prouided that this Act or any thing therein contained St. 5. El. 9. shall not extend to any spirituall or Ecclesiasticall court within this Realme of England or Wales or the Marches of the same but all and euery such offendor and offendors as shall offend in forme aforesaid shall and may be punished by such vsuall and ordinarie lawes as heretofore hath bin and yet be vsed in the said Ecclesiasticall court any thing in this Act c. notwithstanding Periury punishable in the StarchaÌber 26 Prouided that this Act shall not extend to restraine the power or authoritie giuen by Act of Parliament made AnÌ 11. H. 7. Sta. 5. El. 9. St. 11. H. 7. 25. to the Lord Chauncelor and others of the Kings Councel to examine and punish riots routs hainous Periuries and other offences which haue vsed to heare and determine such matters in the Starre-chamber at Westminster nor to restraine the power of the Lord President and Councell in the Marches of Wales or in the North nor of any other Iudge hauing absolute authoritie to punish Periurie before the making of this Statute But But they and euery of them shall procéede in the punishment of all offences heretofore punishable in such wise as they might haue done and vsed to do before the making of this Act to all purposes so that they set not vpon the offendors lesse punishment then is contained in this Act. 27 Because by the said statute of 5. Eliz. 9. there is no Ordinance made for the punishment of those Bankrupts who being sworne and examined vpon Interrogatories by Commissioners thereunto authorized shall commit Periurie Nor for the punishment of those witnesses who either by the procurement of others or by their owne consent shall commit Periurie being examined by the said Commissioners touching Bankrupts goods or debts Therefore by a statute made Anno 1. St. 1. Iac. 15. Iac. it was ordained That it shall be lawfull for the Commissioners authorized vnder the great Seale of England or the greatest part of them to take order with Bankrupts bodies lands tenemeÌts and hereditaments money goods cattels wares and debts to examine the said offendor or offendors vpon such interrogatories touching the lands tenements goods cattels and debts bils bonds bookes of accompt and such other things as may tend to disclose his her or their estate or the secret graunts coÌueyances and eloigning of his her or their landes tenements goods money and debts as they shall thinke méet And if therein the offendor or offendors shall refuse to be examined or to answer fully to euery interrogatorie to him to be ministred by the said Commissioners or the greater part of them it shall be lawfull for the said Commissioners or the greater part of them to commit the said offendor or offendors to some strait or close imprisonment there to remaine vntill he she or they shall better conforme him or her selfe And if vpon his her or their examination it shal appeare that he she or they haue committed any wilfull or corrupt Periurie tending to the hurt or dammage of the creditors of the said Bankrupt Periury punished in Bankrupts to the value of tenne pounds of lawfull money of England or aboue the party so offending shall or may thereof be indited in any of the Kings Courts of Record and being lawfully conuicted therof shall stand vpon the Pillory in some publike place by the space of ij houres and haue one of his eares nailed to the Pillory and cut off And by the same statute of Anno 1. Iac. it is further established That if any person or persons other then the Bankrupt either by subornation vnlawfull procuremeÌt sinister persuasion
of their office or occupation Nor to any Liueries or Badges giuen in the defence of the King and his Realme Nor to the Constable or Marshal for giuing any Badge Liuerie or token for any feats of armes to bee done within this Realme Nor of any Wardens of the Marches toward Scotland for any Badge Liuerie or token by theÌ giuen froÌ Trent Northward at such time onely as shall be necessarie to leuie people for the defence of the Marches St. 7. H. 4. 14 And by the stat of anno 7. H. 4. it was ordained That no congregation or companie shall make any Liuerie of cloth or of hats at their owne costs vpon paine that euerie of the same congregation or companie shall forfeit fortie shillings except Guilds and Fraternities and also people of Artes and Sciences within Cities and Boroughes which be ordained to a good intent 13 As the wisedome of the Realme hath established from one age to another the foresaid lawes and statutes Publishing inquiring of and punishing of maintenaÌce for the repressing or snibbing of Champertie Embracerie buying of titles and all other sorts of Maintenance so hath she prouided trumpets to sound out and publish those laws into the ears and sinke them into the hearts of all people and secondly shee hath assigned watchmen and sentinels to sée who infringed those lawes and lastly she hath ordained Censors and Iudges to punish the offendors therein as it appeareth by the before specified statute of anno 32. St. 32 H. 8. 9 H. 8. wherby it is enacted That the Iustices of Assise shall in euerie Countie within their circuits two times in the yeare viz. in the time of their sittings for taking of Assises or deliuerie of the Gaoles cause open proclamation to be made as well of the said statute and euerie thing therin contained as also of all other statutes heretofore made against vnlawfull maintenance champertie embracerie or vnlawfull retayners to the intent that no person hearing the same should be ignorant or misconisant of the dammages and penalties therein contained And by the former rehearsed statute of anno 8. St. 8. Ed. 4. 2 E. 4. it is ordained That euerie person which will sue against any other for any offence committed contrarie to that statute or any other of the premisses viz. any other ordinance or statute before that time made against any persons for giuing or receiuing of Liueries or Badges before the Kings Iustices in his Bench before the Iustices of the Common Pleas Iustices of peace in their Sessions Iustices of Oier and Terminer and Gaole deliuerie Iustices of the countie Palantine of Lancaster and Chester and in the Court of Hexamshire and in the Court of the Bishop of Durham in the Countie Palatine of Durham shall be admitted thereunto by the discretion of the said Iudges to giue information for the king of any of the premisses committed within the iurisdiction of the same Courts And euerie Informer shall be admitted to sue for the King and himselfe action or actions vpon the same by information in any of the said Courts against as many such offendors in one Bill of Information as liketh him which Information shall be in stead of a Bill or originall writ wherein such Proces shall bee awarded as in an originall writ of Trespasse but that in the Counties Palantine of Lancaster and Chester nor in Duresme no Exigent shall be awarded vpon any information suit or proces to be made by force of this ordinance And if any be or any Outlawrie thereupon pronounced the same shal be void without any writ of Error And if any of the offendors be present in any of the said courts any of the Iustices may coÌmaund him to be brought to answer to such bill vpon such information by an othe first to be taken vpon a booke by such informer before some one of the Iudges that his complaint is true without any other or further proces therein And euerie of the same Iudges within his iurisdiction may by his discretion examine euerie of the defendants vpon such information and iudge him conuict as well by examination as by triall and the King shal haue the one halfe of the forfeiture if it be not in a citie or towne corporat that hath the same by the grant of the king or c. and the informer the other halfe which also shall recouer his costs by the Iudges discretion and execution thereof as in recoueries vpon debt or trespas wherin no Essoine or Protection shall lye And the Maior Sherife Bailife or other chiefe officer of euerie citie borough towne or port within this realm hauing power to heare and determine personall pleas in the court holden before them or any of them within any such towne haue authoritie to receiue information of any person which offends in the premisses and to heare determine as wel by examination as by triall all things done concerning the same by or to the inhabitants within the iurisdictioÌ of the same court to put this stat for those offences prouided in execution And the King shal haue the one moitie of all penalties forfeited by the said stat and the Informer chiefe officers of such citie borough c. shall haue the other moitie equally to be diuided betwixt them And the said chiefe officers part shal be imployed to the vse the said citie borough towne or port c. And sithence the foresaid lawes statutes by one other stat ordayned an 33. Iust of peace may inquire of and punish maintenance H. 8. and confirmed an 37. H. 8. it was enacted St. 33. H. 8. 10. 37. H. 8. 7. That Iust of peace at their Quarter Sessions shal haue authoritie to inquire as wel by the othes of xij men as by information giuen to them by any person or persons of defaults contempts offences coÌmitted against the lawes statutes made and prouided concerning or in any wise touching retainers giuing of liueries signs tokens or badges maintenance embracerie c. and euery of them to heare determine the said defaults offences c. And vpon any information touching the penalties or any of them to make proces by Venire fac ' one Capias an ExigeÌt vnder their seals against euery such person persons against whom such information or presentment shal be had for their apparance before them in their Sessions to answer to such information or presentment as shall be there made And if the person or persons so accused by information or presentment shal be conuicted vpon such information or c. by confession or verdit of xx men then the said Iust haue power to giue iudgemeÌt against euery such offendor so conuicted of imprisonment forfeiture of money or both of them as are limited by the said seuerall statutes for such offences whereof they are conuict and to cause execution therof to be made accordingly Why the pursuing of maintenance is left out
prices or the buying of anie dried or salted fish herring or sprats not forestalled and solde for reasonable prices or the buying of any corne fish butter or chéese by any such Badger lader kidder or carier as shall be assigned and allowed to that office or doing by thrée Iustices of Peace of the Countie where the said badger lader kidder or carier shall dwell which shall sell and deliuer in open faire or market or to any other victualler or to any other person or persons for the prouision of his or their house or houses all such corne graine butter and chéese as any such person shall buy or cause to be bought and that within one moneth next after he shall so buy any such corne graine butter or chéese so that the same shall be bought without forestalling or else that any such common prouision made or héereafter to be made without fraud or couin by any person or persons of any of the things abouesaid for any citie borough or towne corporat or for the prouision or victualling of any ship castle or fort within the kings dominions without forestalling which shall be imployed onely to that vse and purpose or the buying and prouision of any of the victualls aboue mentioned necessary for the furniture and prouision of the inhabitants or of the towne of Barwicke Holy Island or the Marches of England against Scotland which without fraud or couin shall be transported and conueied as soone as winde and weather may serue to such of the places aforesaid for the which the same shall be so prouided shall not be in any wise deemed adiudged or taken any offence contrarie to this Act. If any person or persons hauing sufficient corne and graine for the prouision of his or their owne house or houses St. 5. 6. Ed. 6. 14. and sowing of their grounds for one yeare doe buy any corne in any faire or market Buying of corne for the change of seede for the change of his or their séede and do not bring to the same faire or market the same day so much corne as he shall fortune to buy for his seede and sell the same if he can as the price of corne then goeth in the said market or faire then euery such person or persons so buying corne for séede shall forfeit and loose the double valew of the corne so bought If any person or persons shal buy any manner of oxen ronts stieres kine heifers St. 5. 6. Ed. 6. 14. calues shéepe lambs goats or kids liuing Buying and selling of cattell aliue and sell the same againe aliue vnlesse he or they do kéepe and féede the same by the space of fiue wéeks in his or their owne houses ground farme ground or else in such ground or grounds where he or they haue the herbage or common of pasture by graunt or prescription then euery person and persons so buying and selling againe shall loose the double valew of the cattell or things so bought and sold againe The moitie of all which forfeitures afore rehearsed shall be to the King and the other moitie to him or them that will sue in any of the Kings Courts of Record by B.P.A. or I. c. in the which no W.E.P. c. The Iustices of peace in euery County within this Realme or Wales at their quarter Sessions St. 5. 6. Ed. 6. 14. shall haue full power and authoritie by vertue of this Act to inquire heare and determine all and euery the defaults and offences The authoritie of Iustices of peace committed or done contrary to this Act within the County where any such Sessions shall be kept by Inquisition presentment bill or information before them exhibited by examination of two lawfull witnesses or by any of the same waies or meanes by the discretion of the said Iustices and to make processe thereupon as though they were indicted before them by Inquisition or by verdict of twelue men or more and vpon the conuiction of the offendor by information or sute of any other than the King to make extracts of the one moity of the forfeitures to be leuied to the Kings vse as they vse to doe of other fines issues and amerciaments growen in the Sessions of peace and to award execution of the other moity for the complainant or informer against the offendor by Fieri facias or Capias as the Kings Iustices at Westminster may doe and vse to doe And if any such conuiction or attainder shall héereafter happen to be at the Kings sute onely then the whole forfeitures to be extracted and leuied to the Kings vse onely Whatsoeuer person shall at anie time heereafter be punished by vertue of this Act But once punished for one offence for any thing mentioned in this Act then the same person shall not otherwise be vexed troubled sued or put to any paine or punishment for that one thing wherefore hée or they shall haue béene so punished Prouided alwaies St. 5. 6. E. 6. 14. that it shal be lawfull to euery person or persons which shal be assigned and allowed by thrée Iustices of the peace of the county where he shall dwell Transporting allowed by Iustices of peace thereunto to buy otherwise than by forestalling corne graine or cattell to be transported or carried by water from any port or place within the said Realme or Wales vnto any other port or place within the saide Realme or Dominions if he or they shall without fraud or couin shippe or imbarke the same within fortie dayes next after he or they shall haue bought the same or taken couenant or promise for the buying thereof and with such expedition and diligence as winde and weather shall serue to carrie and transport the same to such port or place as his or their cockets shall declare and there doe dis-barke vnlade and sell the same and doe bring a true certificat thereof from one Iustice of peace of the County or maior or bailife of the towne corporat where the same shall be vnladen and also of the Customer of the port where such vnlading shal be of the place and day where the saide corne or cattell shall be disbarked vnladen and solde to be directed vnto the Customer and Comptroller of the port where the same was imbarked At all times when wheate shall be commonly at the price of sixe shillings eight pence the quarter When corne may be ingrossed or vnder St. 5. 6. E. 6. 14. mault and barley at thrée shillings foure pence the quarter or vnder otes or otes maulted at the price of two shillings the quarter pease or beanes at the price of foure shillings the quarter or vnder and rie or mescelin at the price of fiue shillings the quarter or vnder all which quarters shall be intended to be of London measure then it shall be lawfull to euery person and persons not forestalling to buy ingrosse and keepe in his or their
loose forf as one attainted of felony No Clergy St. 28. E. 1. 2 23 By the statute made An. 28. Ed. 1. it was established That if any make purueyance or prizes without warrant Purueiance without warrant and do carry them away against the will of the owner he shal be arrested by the town where the prizes were made and carried to the next Gaole and if he be therof attainted he shal be punished as a felon if the value of the goods do so require St. 25. E. 3. 15 24 By the Statute of Anno 25. Edw. 3. it was ordained That no Purueyor of the kings shall take any more Shéepe Purueying of shéepe before sheare time but so many as may reasonably suffice vntill sheare time and after that time they shall take as many shorne Shéepe and not other as may reasonably suffice for the time to come And if any Taker Purueyor or Buyer take any shéepe with their Wooll betwixt Easter and the Feast of Saint Iohn Baptist praise them at a small price and send them to his house to bee shorne to his owne profite and thereof be attainted at the suit of the king or the party he shal be vsed as a Théefe or a Robber St. 5. Ed. 3. 2. 10. Ed. 3. 1. 25. E. 3. 1. 36. Ed. 3. 2. 25 By the Statutes made Anno 5. Edw. 3. 10. Edw. 3. 25. Ed. 3. 36. Ed. 3. it was enacted That the Corne Cattell other victuall Appraisement of things purueied things which shal be taken for the kings house shal be taken in such place where most plenty is and in conuenient time and no more then is néedfull for that season And if the purueyor or buyer cannot well agrée with the seller for that which hee shall néed then the same shall be praised at the very value by the Constables and foure honest men of the Townes where such taking is thereunto sworne and the praysers shall not be constrained by menace threats duresse or other villanie to set any price other then their oathes doe require but as such things doe commonly goe in the next Markets And Indentures or Tallies shall be presently made betwixt the purueyors and those from whom the goods bee taken in the presence of the said Constables and foure praysers contayning the quantitie of their takings the price and of what persons and they shal be sealed with the purueyors seales by which Indentures or Tallies satisfaction shal be made to them from whom such goods be taken And if any Taker or Purueyor do make his prouision in other manner then by foure discréet men of the Towne or doe not deliuer Tallies or Indentures with his seale as is beforesaid he shall be incontinently arrested by the Towne where such purueyance was made and brought to the next Gaole and if hee bee thereof attainted he shall be punished as a felon if the quantity of the goods doe require Taking of cariage 26 By the Statute of Anno 36. Edw. 3. St. 36. E. 3. 2 it was enacted That if any Taker or Buyer after Commission to him directed doth puruey leuie or take any carriage in other manner then is comprised in his Commission it is Felony And by the Statute of Anno 36. Edw. 3. St. 36. E. 3. 4. it was ordained That Commissions shall be awarded to enquire of Purueyors behauior and if it be found at the king or parties suit by euidence of the indictors or other manner that the Purueyors haue taken more then they haue deliuered to the kings house and that they haue not paid for that which they haue taken it is felony they shal be punished as felons Forging of euidence 27 By the Statute of Anno 5. Eliz. it was ordained St. 5. El. 14 That it shall be Felony without benefit of Clergie or Sanctuarie eftsoones to commit any of the offences prohibited by the said Statute ordained against the forging of Euidences and Writings being once before conuicted or condemned of any of the said offences by any of the waies or meanes limitted by the said statute But there shall be no corruption of blood or forfeiture of dower by reason of this felony S. Forgerie 3. c. A Rogue banished 28 By the Statute of Anno 39. Eliz. it was enacted St. 39. El. 4. That it shall be felony for any Rogue beeing by the Iustices of Peace adiudged incorrigible and dangerous and therefore banished this Realme by the Iustices in their Quarter Sessions to return again into any part of this Realme or Wales without licence or warrant so to doe which felony shall be heard and determined in that County of this Realme or Wales in which the offendor shall be apprehended St. 1. Iae. 7. And by the statute made Anno 1. Iacob such Rogues as shall be adiudged as aforesaid incorrigible or dangerous Rogues incorrigible shall also by the iudgement of the same Iustices or the more part of them then present in their open Sessions of the Peace be branded in the left shoulder with an hot burning yron of the breadth of an English shilling with a great Romane R. vpon the yron and the branding vpon the shoulder to bee so thoroughly burnt and set on vpon the skinne and flesh that the letter R. be séene and remaine for a perpetuall marke vpon such Rogue during his or her life and thereupon bée sent by the same Iustices to the place of his dwelling if he haue any if not then to the place where he last dwelt by the space of a yeare if that can be knowne by his confession or otherwise and if that cannot be known then to the place of his birth there to be placed in labour as a true subiect ought to be and after such punishment of any such Rogue as aforesaid if any Rogue so punished shall offend againe in begging or wandering contrarie to the said stat of 39. El. 4. or this present act Lex Alure di Regis Then in euery such case the party offending shal be iudged a felon shall suffer as in cases of felony without benefit of clergie the same felony to be tried in the countie where any such offendor shal be taken St. 1. Iac. 12 29 By the statute of Anno 1. Iacob 12. it was enacted Coniuration witchcraft That if any person or persons shall vse practise or exercise any inuocation or coniuration of any euill and wicked spirit or shall consult couenant with entertaine employ féed or reward any euill or wicked spirit to or for any intent or purpose or take vp any dead man woman or child out of his her or their graue or any other place where the dead body resteth or the skinne bone or any other part of any dead person to bee employed or vsed in any manner of Witchcraft Sorcerie Charme or Enchantment or shall vse practise or exercise any Witchcraft Enchantment Charme or
graine or to abate or diminish the Rents or yearely value of any Mannors Lands or Tenements or the price of any victuals corne or graine or any other thing vsuall for the sustenance of men and béeing required and commaunded by any Iustice of Peace or by the Sherife of the Countie or by the Maior Bailife or Bailifs or other head Officers of any Citie or Towne Corporat where such assembly shall bee had by Proclamation to bée made in the Quéenes name to retire or returne in peaceable manner to their places and houses from whence they came and they or any of them notwithstanding such Proclamation shall remaine or make their abode or continue together by the space of one whole houre after such commaundement or request made by Proclamation or after shall in that forcible manner doe or put in vre any of these things last before mentioned then as well euerie such abode or continuing together as euerie such act that after such commaundement or request by Proclamation had or made shall bée done practised or put in vre by any persons béeing aboue the number of twelue shall bee adiudged Felonie and the offendors therein shall be adiudged Felons and shall suffer onely execution of death as in case of Felonie If any person or persons vnlawfully and without authoritie Raising of vnlawful assemblies by some act or words by ringing of any Bell or Bells sounding of any Trumpet Drumme Horne or other instrument whatsoeuer or by firing of any Beacon or by malitious speaking or vttering of any words or making of any outcrye or by setting vp or casting of any bills or bill or writing whatsoeuer or by any other déed or act shall raise or cause to bée raysed or assembled any persons to the number of twelue or aboue to the intent that the same persons should doe or put in vre any of the acts or things abouesaid and that the persons to the number of twelue or aboue so raysed and assembled after request or commaundement had or giuen in forme aforesayd shall make their abode or continue together as is aforesayd or vnlawfully and in forcible manner perpetrate doe commit or put in vre any of the acts or things abouesayd then all and singular persons by whose speaking déed act or any other the meanes aboue specified any persons to the number of twelue shall bée raysed or assembled for the doing committing or putting in vre any of the acts or things aboue mentioned shall bée adiudged for his so speaking or doing a Felon and shall suffer execution of death as in case of Felonie Reléeuing them which be assembled If any wife or seruant of any of the same persons or any other person whatsoeuer shall willingly and without compulsion bring send deliuer or conuey any Money Harneyes Artillerie Weapons Meat Bread Drinke or other Victuall to any person or persons so being assembled as is aforesayd during such time as hée or they shall bee so assembled together in forcible manner as is aforesaid then euerie wise seruant or other person so bringing or conueying c. any of the foresayd things to the same persons so béeing assembled together in forcible manner or to any of them and not departing to their houses or dwelling places vpon request or commaundement made vnto them as is aforesaid shal be adiudged a felon and shall suffer execution of death as in case of felonie Vnlawful assembly by xl and more If any persons to the number of fortie or more shall assemble together in forcible manner vnlawfully and of their owne authoritie to the intent to execute doe or put in vre any of the things aboue specified or to do other felonious or rebellious act or acts and so shall continue together by the space of thrée houres after Proclamation shall bée made at or nigh the place where they shall bée so assembled or in some Market Towne thereunto next adioyning and after notice thereof to them giuen then euerie person so willingly assembled in forcible maner and so continuing together by the space of thrée houres after such Proclamation made and notice thereof giuen shal be adiudged a felon S. Riots c. 32. c. 32 By the Statute made Anno 39. Eliz. it was enacted St. 39. El. 17 That all idle and wandring Souldiers or Mariners Wandring souldiers and mariners or idle persons which now are or hereafter shall bée wandring as Souldiers or Mariners shall settle themselues in some seruice labour or other lawfull course of life without wandring or otherwise repaire to the places where they were borne or to their dwelling places if they haue any and there remaine betaking themselues to some lawfull trade or course of life vpon payne that all persons offending contrarie to this Act to bée reputed as Felons and to suffer as in case of Felonie without any benefit of Cleargie to bee allowed And euerie idle and wandring Souldier or Mariner which comming from his Captaine from the Seas or from beyond the Seas shall not haue a Testimoniall vnder the hand of some one Iustice of Peace of or néere the place where hee landed setting downe therein the place and time where and when hée landed and the place of his dwelling or birth vnto which he is to passe as aforesaid and a conuenient time therein limited for his passage or hauing such testimoniall shall wilfully excéed the time therein limited aboue fouretéene dayes And also as well euerie such idle and wandring Souldier or Mariner as euerie other idle person wandring as a Souldier or Mariner which shall at any time hereafter forge or counterfeit any such Testimoniall Forging a Testimoniall or haue with him or them any such Testimoniall forged or counterfeited as aforesayd knowing the same to bée counterfeited or forged in all these cases euerie such act or acts to bée Felonie and the offendors to suffer as aforesayd without any benefit of Clergie It shall and may bée lawfull for the Iustices of Assises Iustices of Gaole deliuerie and Iustices of Peace of euerie Countie and for all Iustices of Peace in Townes Corporat hauing authoritie to heare and determine Felonies to heare and determine all such offences in their generall Sessions and to execute the offendors which shall bée conuicted before them as in cases of Felonie is accustomed Except some honest person Retaining an offendor into seruice valued at the last Subsidie next before that time to tenne pounds in goods or fortie shillings in lands or else some honest Freeholder as by the sayd Iustices shall bee allowed will bee contented before such Iustices as such person shall bee arraigned of Felonie to take him or them into his seruice for one whole yeare then next following and before the sayd Iustices will bee bound in Recognisaunce of tenne pounds to bee leuied of his lands goods tenements and cattels to the vse of the King if hée kéepe not the sayd person or persons for one whole yeare and bring him
to the next Sessions for the Peace and Gaole deliuerie next ensuing after the sayd yeare And if any such person retained depart within the yeare Departing without liceÌce without the licence of him that so retained him then to be indicted tried and iudged as a felon and not to haue the benefit of his Clergie 33 By a Statute made Anno 31. Elizab. St. 31. El. 4. it was established Imbeciling the K. Armor c. That if any person or persons hauing at any time hereafter the charge or custodie of any Armour Ordnance Munition Shot Powder or Habiliments of Warre of the Quéenes her heires or successors or of a Victuals prouided for the victualing of any Souldiers Gunners Mariners or Pioners shall for any lucre or gaine or wittingly aduisedly and of purpose to hinder or impeach her Maiesties seruice imbecile purloyne or conuey away any the same Armour Ordnance Munition Shot or Powder Habiliments of Warre or Victuals to the value of twentie shillings at one or seuerall times then euerie such offence shall bée adiudged Felonie and the offendor and offendors therein to be tried procéeded on and suffer as in case of Felonie The suit within a yere after the offence But none shall bée impeached for any offence against this Statute vnlesse the same impeachment bée prosecuted or begun within a yeare next after the offence done And this Act nor any attainder or attainders of any person or persons for any offence made felonie by this Act shall in any wise extend or bée interpreted to make the offendor or offendors to forfeit any lands tenements or hereditaments any longer than during his or their life or liues or to make any corruption of blood to any the heire or heires of any such offendor or offendors No corruptioÌ of blood or forf of dower or to make the wife of any such offendor to loose or forfeit her dower or title of dower of or in any lands tenements or hereditaments or her action or interest to the same Proofe in discharge of the offendor any thing in this Act c. notwithstanding And such person or persons as shall be impeached for any offence made felonie by this Statute shall by vertue of this Act bee receiued and admitted to make any lawfull proofe that hée can by lawfull witnesse or otherwise for his discharge and defence in that behalfe any law c. notwithstanding Cutting downe of Powdike 34 By a Statute made Anno 22. H. 8. and reuiued Anno 2. 3. St. 22. H. 8. Ph. Mar. it was ordained That euerie peruerse and malitious cutting downe and breaking vp of any part or parts of the dike called new Powdike in Marshland in the Countie of Norffolke and the broken dike otherwise called Oldfield dike by Marshland in the isle of Ely in the Countie of Cambridge or of any other banke béeing parcell of the Rinde and vttermost part of the causey of Marshland aforesaid made for the defence and saluation of the sayd countrey of Marshland at euerie time and times from henceforth committed and done otherwise than in working of the sayd bankes or dykes for the fortifying repayring and amending of the same shall bee taken reputed and adiudged Felonie And the offendors and doers of the same and euerie of them shall bée adiudged and reputed felons And the Iustices of Peace of the sayd Counties of Norffolke and Cambridge within the sayd isle at euerie of their Sessions within the same isle and Counties to be kept shall haue power to cause inquirie to bée made of euerie such offence so at any time in forme aforesayd hereafter to bée done and committed and to award like Proces against euerie of the sayd offendors with like iudgement and execution of the same if they or any of them bée found guiltie by verdict or otherwise as the sayd Iustices haue vsed to do vpon other felonies being felonie by the common law Taking the othe for the Kings title 35 By a Statute made Anno 3. Iac. 4. it was enacted St. 3. Iac. 4. That euerie subiect of this Realme that after the tenth day of Iune next comming shall goe or passe out of this Realme to serue any forreine Prince State or Potentate or shall after the sayd tenth day of Iune passe ouer the Seas and there shall voluntarily serue any such forreine Prince State or Potentate not hauing before his or their going or passing taken the othe viz. That our Soueraigne Lord King Iames is lawfull and rightfull King of this Realme c. before the officer thereunto appointed shall be a felon And if any Gentleman or person of high degrée or any person or persons which hath borne or shall beare any office or place of Captaine Lieutenant or any other place charge or office in Campe Armie or Companie of Souldiers or Conductor of Souldiers shall after go or passe voluntarily out of this Realme to serue any such forrein Prince State or Potentat before that he and they shal become bound with two such suerties as shall be allowed of by the officers by this Act limited to take the said bond vnto the K. his heires or successors in the summe of xx.l. of currant English money at the least bound not to be reconciled nor to make conspiracie with condition to the effect following he shall be a felon viz. That if the within bounden c. shal not at any time theÌ after be recoÌciled to the pope or sea of Rome nor shal enter into or consent vnto any practise plot or conspiracie whatsoeuer against the Kings Maiestie his heires and successors or any of his or their estate and estates realms and dominions but shall within coÌuenient time after knowledge therof had reueale disclose to the K. Maiestie his heires and successors or some of the Lords of his or their priuie Counsell all such practises plots and conspiracies then the said Obligation to be void St. 43. El. 13 36 By the stat made Anno 43. El. it was ordained Forcible carrying any person out of Cumberland c. That whosoeuer shall at any time hereafter without lawfull authoritie take away any of the K. subiects against his or their will or wils and carrie them out of the counties of Cumberland Northumberland Westmerland and the Bishopricke of Durham or to any other place within any of the said Counties or detaine force or imprison him or them as prisoners or against his or their wills to ransome them or to make a prey or spoyle of his or their person or goods vpon deadly fewd or otherwise Or whosoeuer shal be priuie consenting aiding or assisting to any such taking detaining or carrying away of any such person or persons as aforesaid Or whosoeuer shall take receiue or carrie to the vse of himselfe or wittingly to the vse of any other any money corne cattell or other consideration commonly called Blacke mayle for the protecting or defending of him or
any person before made béeing by force of the foresaid statute of 11. H. 4. in shirifes and bailifes of Franchises seuerall great extortions and oppressions were done in diuers Counties of this Realme by subtilty and vntrue demeanor of shirifes and their ministers to many persons by making and returning at euery Sessions holden within the said Counties for the body of the shire names of such persons as for the singular gaine of the said shirifes and bailifes would be wilfully forsworne by the sinister labour of the said shirifes and their ministers By reason whereof by their couin and falsehood many true and substantiall persons were diuers times wrongfully indicted of Murthers Felonies and other misbehauiours to the vtter losse of their liues goods and lands and sometime also by the labor of the said shirifs great Felonies and Murthers were concealed and not presented by the said persons partially returned by the same shirifs or their ministers to the intent to compell the offendors to make fines and giue rewards to the said Shirifes and their ministers For the preuention of which enormities by a stat made Anno 3. H. 8. it was established St. 3. H. 8. 12 That all panels to be returned which bée not at the suit of any party Panels for indictments reformed by the Iustices that shall be made and put in by euery shirife and their ministers before any I. of Gaole deliuery or I. of Peace whereof one to be of the Quorum in their open Sessions to inquire for the king shal be reformed by putting to and taking out of the names of the persons which so be impanelled by euery shirife and their ministers by the discretion of the same Iustices before whom such panels shall be returned And the same Iustice and Iustices shall commaund euery shirife and their ministers in his absence to put other persons in the same panels by their discretions And the same panels so reformed by the said Iustices be good and lawfull And if any shirife or any of their ministers at any time do not returne the same panels so reformed then euery such shirife or minister so offending for euery such offence shall forfeit xx l. the one halfe to the king and the other to him or them that will sue for the same by action of Debt at the common law or Bill c. wherin no W.E. or P. shal be allowed and the kings pardon shall be no barre against the party or parties that shall sue the same 9 It is to be thought that by force of the statutes before rehearsed sufficient honest and indifferent Iurors were returned by the shirifes of Counties or that the Panels by them returned were reformed by the Iustices so that if any defect were committed in Indictments or in concealing of offences or offendors then the same was in the Iury which were charged for the body of the Shire to make inquirie for the searching forth of the truth whereof and for the punishment of the said offendors according to their demerites by a statute made Anno 3. H. 7. it was ordained St. 3. H. 7. 1 That the Iustices of peace of euery Shire of this Realme for the time being may doe to take by their discretion an enquest Enquest to inquire of concealments whereof euery man shall haue Landes and Tenements to the yearely value of forty shillings at the least to inquire of the concealements of other Enquests taken before them and before other of such matters and offences as are to bée inquired and presented before Iustices of Peace whereof complaint shall be made by Bill or Bils as well within Franchise as without and if any such concealement be found of any Enquest had or made within the yeare after the same concealement euery person of the same Enquest shall bée amerced for the same concealements by the discretion of the same Iustices of Peace the said amerciaments to bée assessed in plene Sessions 10 For as much as seuerall persons vpon great grounds of vehement suspitions as well of high Treasons petit Treasons and misprision of Treason as of Murthers were many times sent for from diuers Shires and places of this Realme and other the Kings Dominions to the Kings great charges to be examined before the Kings Councell vpon their offences to the intent that conuiction or declaration of such persons should spéedily ensue as the merits of their cases should require And albeit that after great trauaile taken in the examination of such persons it appeared to the said Councell by confession witnesse or vehement suspect that such persons were rather guilty of such offences whereof they were examined then otherwise yet neuerthelesse such offendors so examined by the course of the common Lawes of this Realme must be indicted within the Shires or places where they committed their offences and also tried by the inhabitants and fréeholders of such Shires and places although by their confessions or by sufficient witnes their offences were certainely knowne to the Kings Councell By reason whereof besides the trauaile of the Kings Counsell the King was often put to great charges in remaunding such persons to the countries where they offended there to bée indicted and tried of their offences And sometimes the inhabitants and fréeholders of the Shires or places where such offences were done were compelled to appeare out of their shires or places for such causes to their great charges for the triall or declaration of such offences And sometime by occasion of the charges for remaunding such offendors to be indicted and tryed by the course of the common Law such offendors did lye still in prison and were forgotten whereby many times by the helpe of their confederats they escaped vnpunished to the great courage and euill example of euill doers For the reformation whereof by a statute made Anno 33. H. 8. it was enacted St. 33. H. 8. 23. That if any person or persons being examined before the Kings Councell or thrée of them vpon any manner of Treasons misprision of Treasons or Murthers doe confesse any such offences or that the said Councell or thrée of them vpon such examination shall thinke any person so examined to be vehemently suspected of any Treason misprision of Treason or Murther then in euery such case by the Kings commaundement his Maiesties Commission of Oyer and Terminer vnder his great Seale shal be made by the Chancellor of England to such persons Indictments and trials where the king will and to such Shires and places as shall bée named and appointed by the Kings Highnesse for the spéedie triall conuiction or deliuerance of such offendors Which Commissioners shall haue authoritie to inquire heare and determine all such Treasons misprisions of Treasons and Murthers within the Shires and places limitted by their Commission by such good and lawfull persons as shal be returned before them by the Shirife or his ministers or any other hauing power to returne Writs and Proces for that
9 And because seruants in husbandrie labourers artificers and other persons of meane degrée should take no incouragement nor occasion to breake the peace nor weare any weapons therewith to menace threaten or terrifie others Therefore by a Statute made anno 12. R. 2. it was ordained St. 12. R. 2. 12. That no seruant in husbandrie or labourer nor seruant of artificer or victualler shall beare any Buckler Dagger or Sword vpon paine of forfeiting of the same except it be for the defence of the realme in the time of warre and then by the suruey of Arraiers for the time beeing or in trauelling with their masters or on their masters businesse And Sherifes Mayors Baylifes and Constables shall haue power to arrest all offendors against this Statute and seize the said Bucklers Swords and Daggers and kéepe them vntill the Sessions of the Iustices of peace and the same shall present before the same Iustices in their Sessions together with the names of them that did beare the same But this shall not be preiudiciall to the franchises of Lords touching forfeitures due to them By the foresaid two Statutes of 2. Ed. 3. and 12. R. 2. it doth appeare that the meaning of the makers of those lawes was not onely to preserue peace to eschew quarrels but also to take away the instruments of fighting and batterie and to cut off all meanes that may tend in affraie or feare of the people Assurances made by menace 10 As menace of life and member giueth cause of an action of trespasse to him that receiueth losse or hurt thereby intituleth the king to a fine 20. Ass p. 14 28. H. 6. 8. in like sort an obligation a release or déed of annuitie made and granted by menace are voidable by the law so that the same menace be of life member or libertie viz. of some hurt to be done to his body by death maiheming or imprisonment and not to his lands or goods for if A. will menace B. that if he will not make him an obligation of xx l that then he wil disseise him of such land 7. Ed. 4. 21. 4. H. 4. 2. 39. H. 6. 51. or dispossesse or take from him such goods in this case if B. doe make and deliuer the said obligation of xx l to A. in an action of debt brought by A. against B vpon the said obligation B. shall not auoyd this obligation in respect of this menace because this menace did not tend to the hurt of the person of B. but to preiudice him in his lands or goods for the redresse and recouerie whereof the law would haue giuen B. a sufficient remedie if A. should haue done him the wrong which he menaced And he that will take an aduantage to auoid his déed by menace must in this plea expresse Fitz. Dures 13. how and in what sort the other partie did menace him viz. that he drewe his sword against him and threatened to kill him if he would not seale and deliuer such an obligation release annuitie c. If A. doe menace B. in one countie that he will kill or maihem him 33. H. 6. 24. 2. H. 5. 10. if hee doe not seale him an obligation of xx l or stand to the arbitrement of C. in a cause depending in question betweene them And after B. beeing at libertie in another countie doth seale the same obligation or doth stand to the arbitrement of C. this obligation or arbitrement is void for it shall be intended to bee done by force of the first menace And if A. doe menace B. that he wil kil him imprison maihem or beate him if he doe not make an obligation of xx l to C. 39. H. 6. 36. Co. li. 2. 9. if in this case B. do become bound by obligation to pay vnto C.xx l. in an action of debt brought vpon this obligation by C. against B. the same B. may auoid this Obligation which he made by this menace of A. though the menace was made by one man the Obligation was made to an other for that the menace was the cause of the making of this Obligation which the law doth respect and punish and not only the partie to whom the Obligation was made 11 Assault batterie be for the most part an accomplishment of that which menace did threaten a performance by déedes of that What is assault and batterie which the other forewarned by words that is to say a violent forcible abusing or attempting to abuse by blowes and stripes the person of an other contrary to the peace of the Realme and the law of the same which hath ordeined that no person shall be Iudge or reuenger of his own wrong but leaue that to the censure of the law that is alwaies readie to heare redresse euery mans iust complaints for he that doth attempt to assault or beat an other to satisfie his own turbulent spirit or to reuenge his owne priuat iniurie doth as much as in him lieth to wrest the sword of gouernmeÌt out of the K. hands to take from the law her equal censure in justice to make himself both Iudge executioner in his own cause because this disordered person contemning the justice of the Law hath assaulted or beaten an other without warrant of law broken thereby the peace of the realm the law hath deuised a quiet peaceable course to reduce him again to order in punishing him by an action of Trespas of assault batterie wherin being conuicted he shal satisfie the party grieued his damages pay to the K. a fine his body shal be committed to prison vntill he hath satisfied it Though the party menaced shall not haue his remedy by action of Trespas vnlesse the same menace was of life member and also that the party menaced receiued some losse or preiudice therby in his liuelyhood or estate for that the menace the hurt which the party doth receiue thereby being ioyned together do make the trespas giue cause of the action of Trespas Yet in an action of Trespas of Assault battery where it is proued found that the offendor did make an assault only as one did strike at an other with a hatchet but did make no batterie or hurt the person of any other it is otherwise for séeing assaulting doth tend to the breach of the peace 22. Ass p. 60 42. Ed. 3. 7. 40. Ed. 3. 40. 6. H. 7. 1. he that maketh an assault doth his indeuor to hurt the law doth giue to him that is assaulted an action of Trespas to recouer his damages to the K. a fine for by the assault the party assaulted is put in feare euill handled hindred of his busines And if he be diuers times assaulted 45. E. 3. 24. he may haue one action of Trespas for all those assaults shall recouer damages according to the number and grieuousnes of them And
Tithingman of the same parish of L. he was by this defendant stripped naked from the middle vpward and openly whipped vntill his body was bloudy And the same law is if any Iustice of peace Maior Bailife or other head officer shall commit any offendor which shall cut or vnlawfully take away any corne or graine growing or robbe any orchards or gardens or breake or cut any hedge pales railes or fence or digge pul vp or take vp any fruit trées or trées in any orchard garden or elsewhere to the intent to take cary the same away Or shall cut or spoile any woods or vnderwoods poles or trées standing not being felony by the lawes of this Realme Or shall be a procuror or receiuor knowing the same contrary to the statute therefore made An. 43. El. intituled Sta. 43. El. 7. an act to auoid and preuent diuers misdemeanors in lewd and idle persons shal be committed by a I. of Peace or by a head officer of a city borough c. to some Constable or other inferiour officer of the city borough Towne or Hamlet where the offence shall be committed or the partie apprehended to be whipped If in this case the said Constable or other inferior officer shall whip the same offendor vntill his body shal be bloudie the same offendor shall neither haue an action of Trespas of assault battery nor other remedy against the said Constable or officer for in the foresaid cases Punishments by the order of law in all other cases where an offendor is punished for petit Larceny by whipping for other offences by the pillorie the stocks the tumbrell or otherwise for any offeÌce committed by him contrary to any of the lawes or statutes of the Realme there is no peace broken nor blame to be imputed to him or them which do execute that punishment for it is the iustice of the law which doth inflict those punishments vpon offendors for transgressing the law the executioners of those punishments be but the instruments of the law as the axe is in the Carpenters hand Battery for disobeying of a writ or warrant 24 In an action of Trespas of assault battery 21. H. 7. 39. Fitz. Trespas 108. it is a good plea for the def to plead that he had a warrant to arrest the plaintife and that by force of that warrant he did arrest him then the plaintife made assault vpon him therefore the hurt which he receiued was by his own assault for euery subiect is bouÌd to obey the K. writs all mandates precepts warrants awarded by his Iustices shirifes and officers sufficiently authorized And he that doth resist them or denyeth to obey them encountreth the iustice of the law and therefore the beating of him who refuseth to submit himselfe to the obedience of the Law is no breach of the peace but a meane to performe the law 25 Though the Law hath a regard to preserue peace betwéen all persons and in all places and caryeth a vigilant eye that one person shall not menace assault beate maihem or imprison an other but in certaine cases and for some speciall causes and imposeth an heauie burden vpon such as shall breake that peace by any of the meanes aforesaid Yet she hath a more speciall respect to some ceraine places to some tymes and to some persons and caryeth that reuerend and due care and consideration of them that she inflicteth a more sharpe and bitter punishment vpon such as shall violate the peace in them or to the offence of them And therefore for the auoiding of the disturbance of the peace in the Church where God is to be honoured and all peace to be preserued and to continue peace to preists clerks and others whilest they are dooing diuine seruice There was a statute made Anno 50. E. 3. and after rehersed and continued Anno 1. Sta. 50. E. 3. 1. 1. R. 2. 15. R. 2. whereby it was enacted That if any of the Kings officers or other person doe arrest any priest clerke or other Arresting one in a Church dooing diuine seruice which is doing any diuine seruice in the Church Churchyard or other place dedicated to God he shall be imprisoned and punished at the Kings pleasure and further shall recompence the partie arrested But no people of the Church shall kéepe them within the Church or Sanctuarie by fraud or âellusion 26 And because it is most necessarie in euery Christian common weale to prouide that peace and tranquility may be preserued and continued among the people and specially in holy Church in the time of diuine seruice and preaching and that all things being contrary thereunto or that are or may be in disturbance thereof may by forsight be eschewed and auoyded and remedy therefore prouided Sta. 1. M. 3. By a like statute made Anno 1. Reg. M. it was ordeined That if any person of his owne authoritie Disturbance of a preacher in his sermon shall willingly and of purpose by open words or déeds maliciously or contemtuously disturbe or by any other vnlawfull wayes disquiet or misuse any Preacher allowed to preach by the Quéene or by any Archbishop or Bishop of this realme or by any other lawfull Ordinary or by any of the Vniuersities of Oxford and Cambridge or otherwise lawfully authorized or charged by reason of his cure benefice or spirituall promotion or charge in his open sermon preaching or collation that he shall preach or pronounce in any Church Chappell or Churchyard or in any other place vsed or appointed then euery such offendor his aydors procurors or abbettors immediatly after any of the said misdemeanors committed or at any time after shal be arrested by any Constable or Churchwarden of the said parish towne or place where the said offence shal be so committed or by any other officer or by any other person then being present at the time of the said offence and carried to any Iustice of peace within the said shire or within any City borough Libertie or towne corporat wherein Iust of P. be where the said offence shal be so committed And the said Iustices vpon due accusations thereupon made by the apprehendor or other person of the offendor forthwith shal commit him to safe kéeping within 6. days immediatly after the said accusation so made the said Iust with one other Iust of P. within the shire city borough liberty or town corporat shal diligently examin the offence aforesaid And if the said two Iustices shall vpon their examination find the person so accused guiltie of any of the said offences whereof he shall be accused and that by two sufficient witnesses or by his confession then they shall commit him to the Gaole of the said Shire City Borough c. where the offence was committed there to remaine without baile or mainprise by the space of thrée moneths then next ensuing and further to the next quarter sessions c.
purport of it but of his owne wrong But if the Sherifes Baylie doe arrest the man 11. H. 4. 58. 21. H. 7. 22. and the Sherife doth not retorne the writ the partie arrested shall not haue an action of false imprisonment against the Bailie for the Sherifes offence shall not preiudice the Baylie and the Baylie can not compell the Sherife to returne the writ for a Shirife or a Bailie errant which is knowen and sworne may arrest a man without shewing his warrant A knowne officer may arrest without shewing his warrant for euery man is bound to take knowledge of them But where the Sherife doth make a precept to an other to arrest he must shew his warrant 21. H. 7. 22. 11. H. 4. 36. And if a Capias be awarded to the Sherife without an originall to take a man and he doth take him yet the partie grieued shall not haue his action of false imprisonment against the Sherife for that he did it by warrant of the Kings writ Arresting a man by a Capias without an originall for it is a good plea in an action of False imprisonment to say that he is Shirife of the Countie of M. and that he did arrest the plaintife by force of a Capias directed to him which is the same imprysonment 22. E. 4. 47. Arresting vpon suspicion of felony 46 In an action of False imprisonment 7. H. 4. 35. 27. H. 8. 23. it is no plea for the defendant to plead that it was told him that the plaintife had brought cattell to the towne and put them in a blind corner and that there was great cause of suspicion that the plaintife had stollen them whereupon he did arrest him for suspicion only without a felony committed is no cause to arrest an other But if a felonie be done in those parts and one doth suspect an other to haue committed the same felony then he may arrest him for a Iustice of peace can not arrest an other of suspition of felonie 14. H. 8. 16. vnlesse he himselfe doth suspect him to haue committed felonie And somuch an other may doe that doth suspect one to haue committed felony viz. if he himselfe doth suspect him to haue committed the felony The common voice fame of the countrey cause of suspition The common voyce and fame of the Country is a great cause of suspition of felony where a felonie is committed 2. H. 7. 15. 5. H. 7. 4. 11. E. 4. 4. And therefore in an action of false Imprisonment the defendant pleaded that there was a felonie committed and the common voyce and fame of the Countrie was that the plaintife was a man of euill behauiour and had done the same felony whereupon he that was robbed came to the Constable and requested him to arrest the plaintife and the Constable came to the defendant and desired him to assist him to arrest the plaintife the which he did and they arrested him And this was allowed a good iustification and sufficient cause to arrest the plaintife séeing there was a Robbery committed and the common voyce and fame of the Countrie accused the plaintife thereof 5. H. 7. 4. And in like sorte in an action of false imprisonment the defendant pleaded that I. S. was poysoned and that the common voyce and fame of the Countrie was that the plaintife had poysoned him whereupon the defendant apprehended the plaintife Suspected of poysoning and committed him to prison as it was lawfull for him to doe And this was also adiudged a good Plea in barre of the said action for séeing a felony was committed and the common voyce and fame of the Countrie had accused the plaintife thereof euery person who him selfe hath suspition that the plaintife hath committed the same felony may arrest him thereof And so it is if in an action of false imprisonment the defendant doe pleade that before the imprisonment A. B. was slaine at C. and the plaintife was in the company of those who killed him at the time of the felony committed 7. Ed. 4 10. 7. Eliz. Dy. 236. Suspected of Manslaughter and the common voice and fame of the Countrie at C. was that the plaintife was partie to the felonie whereupon the defendant found the plaintife at C. and arrested him for suspition of felonie and committed him to the Sherife which is the same imprisonment And this was allowed a good and sufficient Plea and not double though the defendant did alledge the common voice and fame of the country and the being in company with those that killed A. B. for where a man doth iustifie for suspition of felonie he may shew as many causes of suspition as he can And it is a good cause of suspition to say Causes of suspition that huy and crie was leuied after a felony committed and that the plaintife was a man suspected Or to say that the plaintife was a vagarant exercising no trade to get his liuing by and no laborer Or to pleade that parcell of the goods stollen were taken in the possession of the plaintife 38. Ed. 3. 6. 10. H. 7. 20. 47 In an action of false imprisonment Arresting vpon doubts of Manslaughter the defendant pleaded that the plaintife had so beaten and wounded an other man that he was in great perill and daunger of death and that vpon the same huy and cry was leuied whereupon the defendant being Constable did arrest and imprison the plaintife foure dayes vntill it might be knowen whether the partie wounded were like to liue or dye and when he perceiued that the partie beaten was like to liue he did let the plaintife go at libertie and this was adiudged a good plea in barre 24. Ed. 3. 9. And in the like case in an action of False imprisonment brought against one the defendant pleaded that the King had directed a Commission to certaine persons to apprehend those that were notoriously slaundered for felonies or great trespasses notwithstanding they were not indicted thereof and that the plaintife had most dangerously wounded I.S. whereupon the Commissioners directed their warrant to the defendant to apprehend the plaintife which he did accordingly And this was allowed a good iustification and the plaintife was barred of his action for in both these cases the peace was broken and at the time of the arrest it was vncertaine whether the offence would proue felonie or not A Iustice of peace warraÌt to arrest a felon 48 In an action of False imprisonment the defendant iustified 14. H. 8. 16. for that a Iustice of peace directed a warrant vnto him to arrest the plaintife for felony which he did And it was holden that a Iustice of peace cannot make a warrant to arrest a Felon vnlesse he be indicted for he is a Iudge of record and he must haue a record whereupon hee doth award his proces But if a Bailife serue his warrant it is a
fine ImprisonmeÌt for offences done to the iustice of the Realme 57 As in the cases aforesaid imprisonment of offendors is both tollerable requisit when it is inflicted for misdemeanors done to the peace of the Realme so in many other cases it is as necessary when it is imposed for offences done to the law justice of the Realme being the foundation principall piller of the same peace and without the due execution whereof there can not be a general and perfect peace And amongst many other transgressors who doe offend contrarie to the justice of the Realme and yet in a sort doe preserue the peace the law doth principally note foure kinde of persons worthy for their offences to be imprisoned Whereof the first be they who doe commit some acts that be wrongfull iniurious and prohibited by the common lawes or Statutes of the Realme The second be they who doe attempt and prosecute vniust and wrongfull actions or suits to molest trouble or charge others The third be they who being impleaded vpon iust and good causes doe plead false or dilatorie pleas in retardation of justice and hinderaunce of the due and ordinarie course of the law The fourth be they who vpon stubbornesse contumacie or wilfulnesse refuse to doe that whâââ they know the law doth require at their hands and may enforce them vnto of euery of which amongst many I will insert some fewe cases ImprisonmeÌt for coÌmitting vnlawful acts As to the first by the Statute of Anno 5. Sta. 5. El. 14. Eliz. he shall be imprisoned and set vpon the pillorie who doth falslie forge or willingly assent or cause to be forged or made any false déede charter or writing sealed Forging of deéds Court Roll or the will of any person in writing S. Forgery â to the intent that the estate of fréehold or inheritance of any person in any lands should be recouered or charged c. for forging of déeds is an iniurious and wrongfull act and alwaies hath bin hated detested and persecuted in this Realme Sta. 13. E. 1. 11. By the Statute of Westm 2. If the master do assigne auditors to any Bailifes Seruants Chamberlaines or other receiuors which are bound to yéeld accompt Accomptants found in arrerrages and it chaunce them to be found in arrerages all things being to them allowed they shall be arrested and by the testimonie of those auditors committed to the next Gaole which the King hath in those parts and shall be receiued by the Sherife or his Gaoler and prisoned fettered in irons liuing of their owne goods vntill they haue fully satisfied their master of all the arrerages for detayning of the arrerages of an accompt is a plaine and manifest wrong to the master 27. H. 6. 8. And this imprisonment must be presently after the accompt taken Disseison contrarie to his owne lease and not any distance of tyme after And he that doth a disseisin or maketh an entrie contrarie to his owne déede 14. Ass pla 12. Or is conuicted for the imbeziling of an Exigent or for some other notorious deceits committeth open and manifest iniurie and therefore shall be imprisoned 8. Ass â 20. 28. Ass pla 28. If one man do make a lease of a Tenement by writing to an other for terme of life of the lessée whereupon the lessée doth enter and enioyeth it and after the lessor doth enter and disseise the lessée for life and then the lessée do bring an Assise against the lessor and recouer against him the Tenement leased in this case the same lessor shall be imprisoned for that he made an entrie contrarie to his owne deede and so willingly committed an open and manifest wrong 18. Ass p. 3. The same law is if a man do make a disseisin of land of his whole title wherein he hath before made a release or confirmation to the tenant of the same land in this case he shall be imprysoned And if a Gardian do take a feoffement of his wardes land being within age Fitz. Assise 395. he shall be imprisoned therefore for this and all the former be iniurious acts and knowen to the offendors to be prohibited by the law As touching the second point they be also worthy to be imprisoned who do attempt or prosecute vnlawfull suits to the trouble vexation of others As if one do bring an Appeal against an other 50. Ed. 3. 1. Imp. for prosecuting vnlawfull suits and that appeal do abate by the plaintifes nonsuit or by any other default of his he shall be imprisoned A woman brought an Appeal of the death of her husband against one 9. H. 4. 2. who was attainted and hanged at her suit and after shee brought an appeal against an other man of her said husbands death who pleaded the attainder of the first man in barre whereupon the appeal was abated and the woman committed to pryson for her wrongfull vexation and suit A woman brought an appeal against a man of the death of her husband 8. H. 4. 18. and her said husband was brought into the court and shée was examined if that were her husband who said yea but shée supposed that he had béen dead and therefore shée was imprisoned for her false appeal If one do bring an appeal against an other for a Murder Burglarie Robberie or other felony committed in W. in the County of N. and there is no such W. in that County the appeal shall abate and the plaintife shall be imprisoned for it is manifest that this suit was commenced vpon malice and to put the defendant to vexation and trouble and not vpon any iust cause Thirdly they are worthy to be imprysoned who do plead false Imp. for false or dilatory pleas or dilatorie pleas in hinderance of suits and retardation of justice As if a man in his plea do denie his owne deed 33. H. 6. 54. 45. Ed. 3. 11 6. Ass p. 4. 24. E. 3. 74. Sta. 34. Ed. 1 or do plead a false déed made to himselfe which is found against him by verdict or do plead a déed that is rased enterlined or otherwise suspicious that is adiudged against him he shall be imprisoned By the statute intituled De coniunctim feoffatis if the tenant in Assise do plead iointenancie of the land in demaund with his wife ImprisonmeÌt for false pleading of iointenancie or a stranger and sheweth a déed to testifie the same to the intent to abate the plaintifes writ and if it be found by the Assise that the exception was maliciously alleaged to delay the plaintifes right the said tenant shall be one yeare imprysoned though the assise passe for him against the plaintife And if that tenant in the assise be an Enfant who doth plead iointenancie yet if that plea be found against him 37. Ass pl. 1. he shall be imprysoned for that the said statute is generall 3. H. 6. 51. St. 13.
to the plaintife was of the plaintifes owne assault and in defence of the defendant Iustifiing in his owne defence And likewise it is a good plea in barre in an appeall of maihem for the defendant to plead the plaintifs release made vnto him after the supposed offence done of all actions personals or of all actions The plaintifes release or of all appeales or of all demaunds for in this case the plaintife is but to recouer dammages 7. H. 4. 30. 66 If an appeal of maihem be brought against diuers Execusion in appeal of maihem one of them doth appeare in court and confesse the maihem and is committed to the Marshalsea and the plaintife hath iudgement against him he can not sue against the residue vnlesse he will suffer him that hath confessed the maihem to goe at liberty for if he hath iudgement and the body of him who confessed the maihem to remaine in prison that shall be an execution for this whole maihem 67 The Sages and Iudges of the land in former ages did hold it for law An action of Trespas after an appeal of maihem that if one doe assault Fitz. CoronÌ 110. 22. Ass p. 82 beate and maihem an other and the partie maihemed doth bring an appeall of maihem against the offendor and recouer dammages against him yet after he may haue an action of Trespas of assault and battery against the same offendor and recouer dammages for his beating and the recouerie of dammages in the appeal of maihem shal be no plea in barre against the plaintife for the appeal doth only medle with the maiheming not with the beating But if the plaintife do bring an appeal of maihem in the Kings bench 43. Ass p. 39 and after apparance be nonsuit in the same and then doe bring an action of Trespas of assault and batterie for the same fact Then the defendant may plead the same appeal and nonsuit in barre against the plaintife and it is a good plea. 41. Ass p. 16 Co. Lib. 4. 43. But of late yeares viz. AnÌ 31. Eliz. it was adiudged that in this and all cases when the plaintife for one wrong and iniurie is but to recouer dammages he shall not be for that cause satisfied twice for one offence And in these two actions of appeal of maihem and trespas the plaintife shall onely recouer dammages And therefore it was adiudged a good plea in barre in an appeal of maihem to plead that the plaintife had before brought an action of Trespas against the defendant of assault battery wounding and had recouered dammages therein and to auerre that the same assault batterie and wounding and this maiheming were all one offence 68 As the law hath prouided remedies to punish those who by menace Restraint of affraies by Iustices of peace assault battery imprisonment or maiheming do breake the peace So hath it alwaies had a vigilant eie by anticipation to preuent many others that would breake the peace by any of the meanes aforesaid and therefore hath from age to age appointed méet magistrates and watchmen to whose charge specially as selected Sentinels she did commit the preseruation of the peace who in times past before the raigne of King Edward the third were called Conseruators of the peace Stat. 1. E. 3. 26. and sithence they haue béen termed Iustices of peace because they be Iudges of record or otherwise they be named Commissioners of the peace because they haue and deriue their authority by the Kings Commission who him selfe being the chiefe and generall Conseruator and Preseruer of the peace throughout all his Dominions doth by his seuerall Commissions commit some particles of his authoritie touching the continuance of the peace and maintenance of certaine of his Lawes to some chiefe and select men in all the parts of the Realme whom he taketh to be the most méete men for the same in respect of their integritie wisdome learning courage and liuelyhood The forme of so much of which Commission as toucheth the Peace and good Abearing is this Iacobus c. praedilecto fideli Conciliario nostro Thomae domino Elsmere domino Cancellario nec non praedilectis A.B.C.D.E.F.G. H.I.L.M.N.O.P. c. The Commission of the Peace Sciatis quod assignauimus vos coniunctim diuisim quemlibet vestrum Iusticiarios nostros ad pacem nostram in Comitatu nostro buck conseruand ' ac ad omnia ordinationes Statuta pro bono pacis nostrae ac pro conseruatione eiusdem pro quieto regimine gubernatione populi nostri aedita in omnibus singulis suis articulis in dicto comitatu nostro tam infra libertates quam extra iuxta vim formam effectum eorundem custodiend ' custo dire faciendum Et ad omnes contra formam ordinationuÌ vel Statutorum illorum aut eorum alicuius in comitatu praedicto delinquentes castiganduÌ puniendum prout secundum sormam ordinationuÌ StatutoruÌ illorum fuerit faciendum Et ad omnes illos qui alicui vel aliquibus de populo nostro de corporibus suis vel de incendio domoruÌ suarum minas fecerint ad sufficienteÌ securitatem de pace vel bono gestu suo erga nos populum nostruÌ inueniendam coram vobis seu aliquo vestrum venire faciendum Et si huiusmodi securitatem inuenire recusauerint tunc eos in prisonis nostris quousque huiusmodi securitatem inuenirent saluo custodire faciendum Et ideo vobis cuilibet vestrum mandamus quod circa custodiam pacis ordinationum Statutorum omnium singulorum caeterorum praemissorum diligenter intendatis Et ad certos dies loca quae vos vel aliqui duo vel plures vestruÌ vt praedict ' est ad hoc prouideritis super praemissis faciatis inquisitiones premissa omnia singula audiatis terminetis ac ea faciatis expleatis in forma praedicta facturÌ in de quod ad Iusticiam pertinet secunduÌ legem consuetudinem Regni nrÌi Angliae saluis nobis amerciamentis alijs ad nos inde spectantibus 69 And though there be many other offences mentioned in the said commission which the Iustices of peace are by force of the said Commission to enquire of heare and determine and to punish the offendors therin according to the lawes and Statutes of the Realme Yet as it appeareth by the words of the said commission the same hath his chiefe care and respect of the peace to the preseruation thereof And to the intent that the said Iustices or commissioners should the better remember and respect their charge and dutie they are called Iustices or commissioners of the peace and not commissioners of justice of conscience or equitie c. And so their names together with their offices and duties be in a sort written in their foreheads And the restraining or punishment of all the other offences mencioned in the said
commission do only tend to the maintenance of justice the roote foundation and supporter of peace And whereas the King by the words of the said Commission doth appoint the persons therin named his Iustices to preserue his peace The Commission doth chiefely respect the peace and to kéepe and cause to be kept all ordinaunces and Statutes made for the conseruation of the peace and the quiet gouernment of his people These Statuts amongst many others chiefly be intended Sta. 2. E. 3. 6. 18. E. 3. 2. 34. Ed. 3. 1. the Statutes of Anno 2. Ed. 3. 18. Ed. 3. 34. Ed. 3. by which it is ordained that Iustices of peace shall haue power to heare and determine at the Kings suit all manner of felonies Why they be called Iustices of Peace and Trespasses committed against the peace in the same County and to restraine offendors riottors all other barretors and to pursue take and chasten them to imprison and punish them according to their Trespas and offence and to informe them according to the said Iustices discretion And to inquire of all those that haue béen pillers and robbers beyond the Sea and become againe and goe wandring and will not labour as they had wont to doe And to take and arrest all those which they can find by inditement or suspition and to commit them to prison Binding persons suspected to their good behauiour And to take of all those which be not of good fame in the place where they remaine sufficient suertie and maineprise of their good abearing or behauiour towards the King and his people and the other duelie to punish To the intent that the people be not by such Rioters troubled or endammaged nor the peace broken nor any passengers by the way disturbed or put in perill But the fines which Iustices shall assesse vpon any person shall be reasonable hauing regard the quantitie of the Trespas and the cause 70 So that it appeareth both by the words of the said Commission of peace A Iustice taking suertie of the peace and also by the foresaid Statutes That a Iustice of peace by vertue of his office hath authoritie to preuent the breach of the peace both by taking suertie for the kéeping of it and for the good behauiour of the offendors And that he may do either of his owne motion or discretion or els at the request or praier of an other And by his owne discretion he may cause a common Barretor Rioter or one that maketh an affray in his presence or other person to him suspected to be inclyned to the breach of the peace 9. E. 4. 3. or men menacing one to hurt or kill an other or contending in whote words to finde suertie of the peace And he may perswade one man to require the suertie of peace against an other man and he himselfe after may graunt it for it is no more then he might haue done of his owne authoritie which suertie of the peace What the suertie of the peace is is a recognizance taken by the said Iustice of peace of the partie and his suerties to the King for the kéeping of the peace And as a Iustice of peace may take this suertie of peace or suertie of good abearing as a Iudge by vertue of his office So may he doe it as a minister by force of a Supplicauit directed vnto him out of the Chauncerie Taking suerty of the peace by a Supplicauit in which case he is then only to direct his precept to compell the partie vpon the writ to finde suertie of the peace Which Supplicauit out of the Chauncerie is sometime directed to one Iustice of peace alone sometime to moe and sometime to the Shirife and sometime to him with others And then the same Iustice or Iustices of peace or Shirife must make retorne of the said writ of Supplicauit and a Certificat of his doing into the Court from whence the same was awarded And if the said Iustice of peace shall take the said Recognizance for the kéeping of the peace by vertue of his office Sta. 3. H. 7. 1 then by force of the Statute of Anno 3. H. 7. he shall certifie sende Certificat of a Recognizance or bring the same Recognizance at the next Sessions of the peace where he is or hath bin Iustice that the party so bound may be called And if the partie make default the same then there to be recorded And the same Recognizance with the record of that default shall be sent and certified into the Chauncerie the Kings Bench or into the Exchequer Suertie of good abearing And the suertie of good abearing is granted by authority of the foresaid commission of peace by the warrant of the before rehearsed statut of 34. E. 3. aswell as the suerty of peace is it is ordained for the preseruation of the peace it doth differ in nothing froÌ that of the peace but that there is more difficultie in the performance of it and the party bound may sooner slide into the peril danger of it The suerty of good abearing is most commonly granted in open sessions or by two or thrée Iust of P. Or vpon a Supplicauit great cause shewed proued it is granted in the Chancery or K. Bench. And though one Iustice of peace alone may grant it if he will yet it is sildom done so 9. E. 4. 3. Kel fo 41. vnles it be to preuent some great sodain imminent enormity or danger The suerty of peace is most times taken at the request of one for the preseruation of the peace chiefely against one But the suerty of good abearing is oftentimes graunted at the suit of diuers and those must be men of credit and to prouide for the safetie of many for the effect and purport thereof is that the partie bound shall demeane himselfe well in his port behauiour and company and doe nothing that may be the cause of the breach of the peace or in putting the people in feare or trouble And it is chieflie graunted against common Barretors common rioters common quarrellers common peace breakers and persons greatly defamed for resorting to houses suspected to maintaine incontinencie or adulterie and against those that be generally feared to be robbers or spoilers of the Kings people or which doe endamage disturbe trouble Articles exhibited to haue good abearing granted or put in peril passengers by the way Co. li. 4. 14. And therefore if one doe exhibit Articles to Iustices of peace against a certaine person comprehending diuers great abuses and misdemeanors not onely touching the Petitioner himselfe but many others to the intent that the same person may be bound to his good behauiour in this case the partie so accused shall not for any matter conteined in the said Articles maintaine an action vpon the case for the party or parties who exhibited the said Articles haue pursued an ordinarie course
DnÌi Reg. erga ipsuÌ dominuÌ Reg. cunctuÌ populuÌ suuÌ precipuè erga C. D. de Twyford in comÌ praedicto Husbandman conseruabit ideo ex parte dicti dnÌi regis vobis cuilibet vestruÌ mando quod de arrestando imprisonando seu aliqualiter molestando praedictuÌ A. B. ex causa pÌdicta Supersedeatis quilibet vestruÌ Supersedeat omnio Et si euÌ ex dict' causa non alia ceperitis seu imprisionaueritis seu aliquis vestruÌ ceperit seu imprisonauerit tunc à prisona illa sâne dilatione deliberari faciatis Supersedeas in the Chancery for one bound in the common plaâe datuÌ apud Hilsdon c. 22. H. 6. 59. But if a man be arrested in the common place for the suertie of peace and he is lett to baile to a certaine day at which day he doth bring a Supersedias out of the Chauncerie that he hath found suerties in the Chauncery that is not alloweable because he was by baile which is an imprisonment in law and therefore the suertie in the Chauncery will not serue And it may be that the suerties in the Chancery be not sufficient and that the King and the Court was deceiued therein And yet the common place hath no authority to take suerty of peace 2. H. 7. 1. but of the peace broken before them 81 When the partie against whom the precept is awarded to find suerties for the kéeping of the peace A Recognizance for the keeping of the peace doth come before the Iustice of peace to be bound to the peace then it resteth in the discretion of the same Iustice of peace if he deale in this cause as a Iustice of peace by force of the generall commission of peace and so as a Iudge to assigne what number of suerties he will accept to be bound with the party in what summe of money the party his suerties shall be bound to allow or disallow of the sufficiencie of those suerties to limit the time how long the party shall be bound and to determine vpon some such other circumstances touching that matter But if the same Iust of peace be commanded as a minister in the erecution of the writ of Supplicauit to take the peace of any person then he must do as the writ doth direct him which sometime is to take sufficient suertie to be bound in a summe prescribed and some other time not then it resteth in his owne discretion The most vsuall maner is for a Iustice of peace to take two suerties besides the partie himselfe to be bound by Recognizance to the King viz. Domino Regi and that must alwaies be for the kéeping of the peace The forme of which Recognizance for the kéeping of the peace is as followeth viz. Memorandum qd ' nono die Augusti Anno regni dnÌi nostrÌ Regis Iacobi dei gratia c. 5. A.B. de Padburie in Comitatu pÌdict ' Husbandman Buck. in êpria persona sua venit coram me Richardo Ingols by Milite vno IusticiarioruÌ dicti dnÌi Regis ad pacem in dicto Comitatur conseruandam assignatoruÌ assumpsit proseipso sub poena xx li. et D.E. H.I. de C. in Comitatur praedictur Husbandmen adtunc ibmÌ in êprijs personis suis similiter venerunt manuceperunt pro praedicto A. B. viz quilibet eorum seperatim sub poena x. li. quod idem A. B. personaliter comparebit coram Iusticiarijs dicti domini Regis ad pacem ad êximam generaleÌ Sessionem pacis in ComÌpÌdicto apud Buck. tenendam ad faciendum recipienduÌ quod ei per Curiam tunc ibidem iniungetur Et quod ipse interim pacem dicti dnÌi Regis custodiet erga ipsum dominuÌ Regem cunctum populuÌ suum praecipue versus L.M. de O. de comitatu praedict Et quod damnum vel malum aliquod corporale aut grauamen praefatur L.M. nec alicui de populo dicti domini Regis quod in laesionem aut perturbationem pacis ipsius Domini Regis seu praefati L.M. cedere valeat quouismodo non faciet nec fieri procurabit Quam quidem summam xx l' praedict ' A.B. quilibet manucaptorum praedictorum praedictas seperales summas x. l' recognouerunt se debere dicto domino Regi de terris tenementis bonis catallis suis cuiuslibet eorum ad opus dicti domini Regis fieri leuari ad quorumcunque manus deuenerunt si contigerit ipsum A.B. praemissa vel eorum aliquid in aliquo infringere inde legitimo modo conuinci In cuius rei testimonium ego pÌdictus Richardus Ingolsby sigillum meum apposui Datur apud Lethenborow die Anno supradict ' And the forme of the Recognizance for the good abearing is this viz. A Recognizance for the good abearing MemoranduÌ c. quod ipse A. B. interim se bene geret erga DnÌm Reg. cunctuÌ populuÌ suuÌ praecipuè erga L. M. Et quod ipse non inferet nec inferri êcurabit per se nec per alios damnuÌ aliquod seu grauamen pÌfato L.M. seu alicui de populo ipsius dnÌi Regis de corporibus suis per insidias insultus seu aliquo alio modo quod in laesionem seu perturbationem pacis dicti dnÌi Regis cedere valeat quouismodo viz. vterque praedict ' D. E. et H. I. sub poena 50. librÌ et praedict ' A. B. sub poena 100. librÌ c. And this may be done by a single Recognizance in Latin with a Condition thereunto added in English for the kéeping of the peace or the good Abearing and for the day and place of the parties apparance at the Quarter Sessions 82 A Iustice of peace who vpon his owne discretion compelleth one to find suertie of the peace vntill a certaine day may vpon the like discretion release the same before that day A Releas of the suertie of peace But if a Iustice of peace do graunt the peace at the request of an other viz. at the suit of A. and that the Recognizance be taken to kéepe the peace against A. then may the same A. only releas it and none other before the same Iustice of peace or any other Iustice that will certifie the same releas before the Iustices of peace at the next quarter Sessions for that certificat being of record will discharge it which a releas by déed can not do the suertie of peace being a Recognizance and so of it selfe a record And though the Recognizance be versus cunctum populuÌ precipuè versus A. yet may the same A. releas it for though it may séeme populer and that others should haue equall interest therein with A. yet as it appeareth by the word precipuè it was specially taken for his safetie But though in some case a Iustice of peace may releas the suertie of the peace in some
himselfe he may commaund them vpon paine of imprisonment to surcease 5. H. 7. 6. or else he may with his weapon part kéepe them asunder and call and procure others likewise so to doe And then he may carrie them before a Iustice of peace to find suertie of the peace which if they refuse to doe he may commit them to prison 3. H. 4. 9. or els the Constable may take suerties of them by Obligation to kéepe the peace And if any of the offendors doe flée into a house 13. Ed. 4. 9. the said officer may breake open the dores and arrest him and so he may doe if the offendor doe flée into another Countie for that the arrest is for the benefite of the commonweale And likewise if any of the said officers shall learne that certaine persons be fighting or quarreling in a house in such sort that they are like to breake the peace or that a man and a woman be in a house together committing addultery or fornication 7. E. 3. 10. 1. H. 7. 6. he may breake open the dores and arrest them to come before a Iustice of peace to find suertie of the peace or otherwise if he will he may commit any of the said offendors to prison And if any of the parties to an affcay haue receiued any daungerous wound then the officer must arrest the offendor and carrie him to a Iustice of peace 22. Ass p. 56 who is eyther to commit him to prison or to let him to mainprise vntill the next Gaole deliuery that it be knowen whethir the partie wounded will liue or die thereof or els the officer himselfe may commit him to prison vntill the same be knowen 38. Ed. 3. 6. for if the partie wounded doe die the offence wil be felony If the common voice and fame of the County be that C.D. hath committed a felony any of those officers that doe suspect him thereof may arrest him for it And so he may search within the limits of his authority for any persoÌs suspected of felony for it is a chiefe parte of the Constables dutie to preserue the peace and represse felons And if any of the officers before mentioned do arrest an offendor or any person suspected for any of the causes aforesaid who ought to be carried to the Gaole or before a Iustice of peace the same officer néede not carrie him presently to the Gaole 22. Ed. 4. 35. or before the Iustice but he may put him in the stocks or some other safe custody for a time vntill he can prouide sufficient company to assist him to conduct the same offendor to the Gaole or to the Iustice 2. Ed. 4. 9. Or if the partie arrested be so sicke diseased or wounded that he cannot be presently carried without daunger of death the officer may stay him vntill he be recouered 85 But the peace of the Realme hath béen so precious to all ages Euery able person is a Conseruator of the peace and Treasons Felonies assaults batteries and other forcible violences and offences so odious that the Lawes and Statutes of the Realme and the wisedome of our forefathers haue made and appointed besides the Magistrates and officers before mencioned all sortes of able persons in some sort and to some purposes preseruers of the peace intending that as all the members of the common weale doe taste swéet comfort and pleasant repose by the benefit of peace so they should be all partakers when néede requireth of the paines to maintaine and continue the same peace and to punish the transgressors thereof Sta. 3. E. 1. 9. And therefore by the Statute of WestmÌ 1. it is ordained That all men generally shall be ready at the commaundement and summons of the Shirifes and at the crie of the country to pursue and arrest felons when néede shall be aswell within fraunchises as without and they that will not and be thereof attainted shall make a grieuous fine to the King Sta. 3. Ed. 1. By the statute intituled Officium Coronatoris it is enacted That vpon all Homicides Burglaries men slaine or put in great daunger huy and crie shall be leuied and euery man shall follow the huy and crie and the offendors steppes if it may be and whosoeuer doth not and is thereupon conuicted shall be attached to appeare before the Iustices of Gaole deliuerie St. 5. E. 3. 14. By the Statute of Anno 5. Ed. 3. it is established That if any man suspect lewd persons then termed robertsmen wasters or drawlatches of any manslaughters felonies or robberies be it by day or night they shall incontinently be arrested by the Constable of the towne and if it be within franchise deliuered to the Bailifes of the franchise and if in guildable to the shirife and kept vntill the comming downe of the Iustices of Gaole deliuerie who shall procéede to the deliueraunce of them St. 17. R. 2. 8. By the Statute of 17. R. 2. it is defended to all the Kings people aswell Lords as others that none shall make assemblies Riots or Rumors against the peace And if any such assemblie be begun as soone as the Shirife and other Ministers may haue knowledge thereof they with the strength of the country shal disturbe such offendors and put them in prison vntill the law be executed vpon them And all Lords and other liege people of the Realme shall be attending with all their strength and power to the Shirifes and Ministers aforesaid St. 2. H. 5. 8. By the Statut of AnÌ 2. H. 5. it is prouided That the Kings people being able to trauaile in the Countie where Riots assemblies or routs against the law be shal be assistant to the Iustices Commissioners Shirife or vndershirif of the same Countie when they shall be reasonably warned to ride with the said Iustices Shirife c. in aide to resist such Riots Routs and Assemblies vpon paine of imprisonment and to make fine and ransom to the King St. 15. R. 2. 2 By the Statute of 15. R. 2. it is ordeined That if the Shirife or any other of the Countie doe not attend vpon a Iust of peace to arrest such offendors as doe make forcible entries into lands or tenements he or they so offending shall be imprisoned and pay a fine to the King Sta. 1. M. 12. By the Statute of AnÌ 1. M. it is established That if any person being aboue the age of xviij yeares and vnder the age of lx being able to serue and not sick lame or impotent shall be required by any Iustice of peace or any Shirife of any County where any vnlawfull assembly of xij persons or aboue shall be to do any vnlawfull act prohibited by that statute or by any Maior Bailife or other head Officer of any Citie Borough or towne corporat or by any other by the commaundement of any such Iustice Shirife Maior c. to go with him or them to suppresse the
persons vnlawfully assembled Then euery person which so being able and required doth willingly and obstinatly refuse so to doe shal suffer imprisonment for one yeare without baile or mainprise And as in al the cases aforesaid euery able person is bound vpon request to assist the Iustices shirifes other the Kings officers to pursue apprehend arrest and imprison Manquellors robbers felons or other disturbers of the peace and so to do his whole endeuor to be a conseruator of the peace of the Realme Euerie person must assist to execute the K. Writ In like sort is euery able person bound by the common law and by the Stat. of WestmÌ 1. WestmÌ 2. to be attendant vpon the Shirife St. 3. E. 1. 17. S. 13. E. 1. 39. or vndershirife in the execution of the kings writs and by that meanes to be a supporter of the justice of the Realme These offeÌces punishable in the Starre Chamber 86 Menaces assaults batteries imprisonments and maihems committed by some persons to some persons at some times in some places in some manner forme sort and with some circumstances besides the penalties aforesaid inflicted vpon the offendors therein are also punishable in the Kings high Court of the Starre chamber as other offences hereafter mentioned be as it doth more at large appeare in Oppressions 35. ¶ Of Riots Routs vnlawful and rebellious Assemblies RIots Routs The enormitie of Riots vnlawfull Rebellious assemblies haue bin so many times pernitious fatal enemies to this kingdom the peace tranquillity thereof haue so often shaken the foundation and put in hazard the very forme and state of gouernment of the same that our lawmakers haue béen enforced to deuise from age to age one law vpon an other one stat after another for the repressing punishing of them haue endeuoured by all their wits to snib the sprouts quench the very first sparkes of them as euery man may easily perceiue there was cause thereof who will looke back and call to his remembrance what that small Riot begun at Dartmouth in Kent in the raigne of King Richard the second betwéen the collector of a subsidy and a Tyler and his wife about the payment of one poore great did come vnto which being not repressed in time did grow to so great a rebellioÌ that after it put in hazard the life of the K. the burning of the Citie of London the ouerthrow of the whole Nobility gentlemen and all the learned of the land and the subuersion of this goodly Monarchy and forme of gouernment Or if they will call to mind the small Riot or quarrell begun in the raigne of King Henry the sixt between a Yeoman of the gard and a seruingman of Richard Neuils Earle of warwick which so farre increased for want of restraint that it was the roote of many wofull tragedies and a meane to bring to vntimely death first Richard Plantagenet Duke of Yorke proclaymed successor to the Crowne and the chiefe pillar of the house of Yorke and after him King Henry the sixt and Prince Edward his sonne the heires of the house of Lancaster and to ruinate with the one or the other of them most of the Péeres great men and gentlemen of the realme besides many thowsands of the common people West 1. 3 E. 1. 32. Sta. 7. Ed. 1. St. 13. E. 1. 6. And therefore King Edward the first did well ordaine That no Shirifes shall suffer Barretors or maintainers of quarrels in their Counties And that to all parliaments Treatises and other assemblies each man shall come peaceably without any armor and that euery man shall haue armor in his house according to his ability to kéepe the peace And King Edward the third prouided Statutes ordained to preuent forces or Riots that no man shall come before the Iustices St. 2. E. 3. 3. St. 5. E. 3. 14. nor goe or ride armed And that suspected lewd and riotous persons shall be arrested and safely kept vntill they be deliuered by the Iustices of Gaole deliuery St. 34. E. 1. 3. Sta. 2. R. 2. 6. And that Iustices of peace shall restraine offendors riotors and all other Barretors and pursue take and chasten them according to their Trespas and offence Sta. 5. R. 2. 6. St. 15. R. 2. 2 St. 7. R. 2. 13 King Richard the second did prohibit Riots Routs and forcible entries into lands that were made in diuers counties and partes of the Realme And that none from thenceforth should make any Riot or Rumor And that no man shall ride armed 20. Rich. 2. 1 nor vse Launcegaies And that no laborer seruant in husbandry or Artificer St. 12. R. 2. 6 or victualer shall weare any buckler sword or dagger And that all the Kings officers shall suppresse and imprison such as make any Riots Routs St. 17. R. 2. 8. or vnlawful assemblies against the peace King Henry the fourth enacted That the Iustices of peace the Shirife shall arrest those which commit any Riot Rout or vnlawfull assembly shall enquire of them and record their offences St. 13. H. 4. 7 King Henry the fift assigned commissioners to enquire of the same Iustices Shirifes defaults in that behalfe St. 2. H. 5. 8. and also limited what punishment offendors attainted of Riot should sustaine King Henry the seauenth ordained Sta. 19. H. 7. that such persons as were returned to enquire of Riots should haue sufficient fréehold or copihold land within the same Shire And that no maintenance should hinder their Inquisition And in the Raigne of Quéene Mary Sta. 1. M. 12. there was a necessary Statute established to restrain and punish vnlawfull and rebellious assemblies raised by a multitude of vnruly persons to commit certaine violent forcible and Riotous acts 2 As the said Lawes Statutes were deuised in seueral ages by the wisedom of the Realme to enquire of and restraine Riots Routs vnlawfull and rebellious assemblies and to checke violences and forces before they should grow to a head So haue our prouident forefathers erected the most honorable Court of Starre chamber The Court of Starre chambers authoritie to punish Riots c. to examine and punish those and other offences when they breake out to extremities viz. to great and haynous Riots or such like enormities thereby to kéepe euery person in awe and so the whole Realme in peace As appeareth by the Statute of Anno 3. H. 7. whereby it is inacted That the Chauncellour and Treasorer of England for the time being and the President of the Kings Councell St. 3. H. 7. 1. Stat. 21. H. 8. 22. and the kéeper of the Kings priuy seale or two of them calling to them a Bishop and a Temporall Lord of the Kings most honorable priuy Councell the two chiefe Iustices of the K. Bench and common place for the time being or other two Iust in their absence vpon bill or information put to
assemble for any of the sportes before mentioned but when the taking of parte with those that did quarrell beganne And therefore they onely who made themselues parties to that quarrell shall be punished as Riotors and none other And so it is if a Iurie be charged to trie an Issue if some of them fall out and fight this is no Riot in the residue assembling to a lawfull end 22. H. 6. 37 3. H. 7. 1. 10. St. 17. R. 2. 8. St. 1. M. 12. 8 St. 3. H. 4. 17 Sta. 8. H. 6. 9. St. 3. Ed. 1. 9. And it is lawfull for the Sheriffe Vndersheriffe or Bayliffe to take the power of the Countie what number they shall thinke good to execute the Kings processe And so may any Iustice or Iustices of Peace and the Sheriffe and the Vndersheriffe take any power of the Countie to represse Riots Routes vnlawfull or Rebellious Assemblies Or to remooue such persons as by Inquisition are found to haue made forcible Entries into other mens possessions or to detaine them with force And so may a Iustice of Peace Sheriffe or Constable take of the Countie any number that they will to pursue and apprehend Traytours Murderers Robbers or other felons or such as doe breake or goe about to breake or disturbe the peace For though in the cases last specified there be three or aboue assembled together yet it is to execute the iustice of the Lawe and by that meanes to preserue peace And it is a lawfull assembly which is gathered together to runne at Tilt Iusts or Barriers by the Kings commaundement for the cause beginning and end thereof doe tend to obedience the laudable exercise of true valour and manhood and to the encouragement and enabling of the actors therein to defend the Realme and the peace thereof 7 And though by the before specified Statute of Anno 34. Edw. 3. it is ordained that Iustices of Peace shall restraine offendors Riotors and all other Barrators and pursue take chasten imprison and punish them according to their trespasses and offences to the intent that the people bee not by such Riotors troubled or indammaged nor the peace broken nor any passengers by the way disturbed or put in perill Yet by force of that Statute the Iustices of Peace could not require the helpe of the Sherife nor commaund the power of the countie to helpe to assist them St. 17. R. 2. 8. to represse the said Riotors Whereupon by the before mentioned Statute of Anno 17. R. 2. it is defended That none shall make assemblies riot or rout against the peace in any wise And if any such assembly be begun as soone as the Sherifes Disturbing of riotors and other the Kings ministers may haue knowledge thereof they with the power of the countie where such case shall happen shall disturbe such malice with all their power and shall apprehend all such offendors and put them in prison vntill due execution of the law be made of them and all Lords and other liege people of the Realme shall attend with their whole strength and power the Sherifes and ministers aforesaid 8 But because the said Statute of 17. R. 2. or any other Statute or Law before that time made doth not enable the Iustices of Peace and Sherife to record that which they shall find done in their presence against the law nor to make enquirie thereof nor to heare and determine the same nor to make certificat thereof to the King and his counsell if the truth cannot be found Nor doth assigne what Proces shall bee awarded against the offendors nor doth inflict any penaltie vpon the Iustices which shall not execute the law Therefore by the before rehearsed Statute made Anno 13. St. 13. H. 4. 7 H. 4. it was established that if any riot assemblie or rout of people against the law be made in any part of the Realme the Iustices of peace three The Iustices and sherifs shall arrest Riotors or two of them at the least and the Sherife or Vndersherife of the shire where such riot assembly or rout shall be made shall come with the power of the countie if néed bée to arrest them And the Iustices Sherife or Vndersherife shall haue power to record that which they shall find done in their presence against the law And the same trespassors and offendors shall bee conuict by the Record of the same Iustices Sherife or Vndersherife in manner and forme as is contained in the Statute of forcible entries The forme of Recording of which riot is this Buck. Recording of a riot viz. Memorandum quod primo die Martij anno regni regis Domini nostri Iacobi dei gratur c. tertio Nos Franciscus Goodwin miles Alexander Hamden miles Iusticiarij domini Regis nunc ad pacem in comitatu praedicto conseruandam necnon c. assignati Richardus Ingolsby miles adtunc vicecomes eiusdem comitatus ad querimoniam A. B. de Wadsdon in comÌ praedicto yeoman in proprijs personis nostris accessimus ad domum mansionalem ipsius A.B. apud Wadsdon praedictur ibidem inuenimus quosdam C. D. E.F.G. alios malefactores pacis dicti domini Regis perturbatores ignotos ad numerum octo personarum modo guerrino arraiatos viz. cum gladijs baculis arcubus sagittis riotosè illegitimè aggregatos eandem domum sic custodientur in magnam perturbationem pacis dicti domini Regis populi sui terrorem contra formam statuti in Parliamento domini Henrici nuper Regis Angliae quarti Anno Regni sui decimo tertio tento editi Et ideo nos praefati F. G. A.H. corpora pÌdictoruÌ C.D.E.F.G. ad tunc arrestauimus ac proxime Gaole dicti domini Regis in Com' pÌdicto duci fecimus ê recordum nostrum de transgressione praedicta conuictos in praesentia nostra ibidem moraturos quousque finem dicto domino Regi ê transgressione sua praedicta fecerunt In cuius rei testimonium huic recordo nostro sigilla nostra apposuimus Datur apud Wadsdon praedict ' die Anno praedictis 9 By the same Statute of 13. H. 4. it is further ordained St. 13. H. 4. 7 That if it happen such Trespassors and offendors be departed before the comming of such Iustices Inquirie of a Riot by the Iustices c. and Shirife or vndershirife the same Iustices thrée or two of them shall diligently inquire within a moneth after such Riot assembly or Rout of people so made and the same shall heare and determine according to the lawes of this Realme And because the said Iustices of peace Shirife c. are by this braunch of the Statute to make inquiry of the Riot which must be done by a Iury returned by the Shirife the forme of the said Iustices precept to the Shirife to returne the said Iury is this Buck. viz. Henricus Longuile miles Willihelmus Anderous miles Iusticiarij Domini
Regis nunc ad pacem in Comitatu praedicto conseruandam A precept to the Shirife to returne a Iurie to inquire of a Riot nec non ad diuersas felonias transgressiones et alia malefacta in eodem Comitatu audiendum terminandum assignati vicecomiti Comitur praedicti salutem Ex parte dicti Domini Regis tibi praecipimus firmitèr iniungentes quod non omittas êpter aliquam libertatem in Balliua tua quin eam ingrediaris venire facias coram nobis apud Cauluerton in Comitatu praedicto 10. die huius mensis Ianuarij 24. êbos legales homines Comitatur praedicti quorum quilibet habeat terras tenementa infra dictuÌ Comitatum liberi tenementi per chartam ad valoreÌ viginti solidorum aut per Copiam Rotulorum curie ad valorem 26. s. 8. d. aut de vtroque vltra omnes reprisas ad inquirendum pro dicto dnÌo Rege de quodam Riotto apud C. in comitatu pÌdicto nuper commisso vt dicitur qd'suê quemlibet IuratoruÌpÌdictoruÌ tunc returnes in exitibus xx s. Et hoc nullatenus omittas sub pena xx.li. quam noueris te incursurum si in executione pÌmissorum tepidus seu remissus fueris Et habeas ibi hoc praeceptum Testibus nobis pÌfatis H.L. W. A. quarto die Martij AnÌ regni dnÌi nostrÌ Regis Iacobi dei gratia c. tertio And when the Shirife hath returned his precept at a day and place then two Iustices of peace at the least without the Shirife who is not to sit vpon the Inquisition are to make enquiry by the same Iury returned the forme of which Inquisition is this Buck. Inquisitio pro Domino Rege capta apud Wynslowe in Comitatu praedicto primo die Octobris Anno Regni dicti domini nostri Regis Iacobi c. quinto coram Roberto Dormer milite Anthonio Tiringham milite adtunc Iusticiarijs dicti Domini Regis ad pacem in Comitatu praedicto conseruandam necnon ad diuersas felonias c. assignatis super sacramentum A. B. C. D. E. F. G. c. The forme of an inquisition of a Riot Qui dicunt super sacramentuÌ suum quod H. I. K. L. M. N. de Addington in Comitatu praedicto husbandmen c. simul cum alijs malefactoribus pacis dicti Domini Regis perturbatoribus ignotis ad numerum decem personaruÌ vi armis modo guerrino arraiati viz. cum gladijs Bacculis Arcubus Sagittis vicesimo die Septembris Anno quinto supradicto inter horas septimam vndecimam ante meridiem eiusdem diei domum mansionalem cuiusdam S. T. de Wynslowe praedictur fregârunt intrauerunt in ipsum S. T. adtunc ibidem insultum fecerunt ipsum verberauerunt vulnerauerunt maletractauerunt ita qd ' de vita cius desperabatur in magnam perturbationem pacis dicti domini Regis populi sui terrorem ac contra formam statuti de Riotis Routis illicitis congregationibus in parliamento domini Henrici nuper Regis Angliae quarti Anno regni sui decimo tertio aediti St. 13. H. 4. 7 10 By the foresaid Statute of 13. H. 4. it is moreouer established that if the truth cannot be found in maner aforesaid then within a Moneth next after the same Iustices thrée or two of them and the said Shirife Certifying a Riot or Vndershirife shall certifie before the King and his Councell of the whole fact and the circumstances thereof which certificat shall be of the same force that a presentment by twelue men is Vpon which certificat the said trespassors and offendors shall be put to aunswere and they which shall be found guilty shall be punished by the discretion of the King and his Councell And if the same trespassors and offendors do trauerse the matter so certified Trauerse of a Certificat the same certificat and trauerse shall be sent into the Kings Bench there to be tried and determined according to the order of the Law St. 13. H. 4. 7 11 The same Statute of 13. H. 4. hath also prouided that if the said trespassors and offendors do not come before the King and his Councell Proces against offendors or into the Kings Bench at the first precept then an other precept shall be deliuered to the Shirife of the Shire to take the said trespassors and offendors if they may be found and to bring them at a certaine day before the King and his Councell or into the Kings Bench And if they cannot be found the Shirife or Vndershirife shall make proclamation in his full Countie next insuing the said second precept that they shall appeare before the King and his Councell or in the Kings Bench or in the Chauncerie in the time of vacation within thrée wéekes then next following And if the offendors do not appeare as is aforesaid and the proclamation be made and returned they shall be attainted and conuicted of the Riot Assemblie and Rout aforesaid St. 13. H. 4. 7 12 By the said Statute of 13. H. 4. it was lastly enacted The forfeiture of the Iustices which do not inquire of Riots that the Iustices of peace which dwell néerest in euery County where such Riot of people shall be together with the Shirife or Vndershirife of the same Coântie And also the Iustices of assise for the time that they shall be in their Sessions in case any such Riot assemblie or Rout be made in their presence shall doe execution of this Statute euery one vpon paine of C. li. to be paied to the King as often as they shall be found in default of execution of the same Statute 13 Because it was not prouided by the foresaid Statute of 13. H. 4. A commission to inquire of the Iustices c. default that the partie grieued should haue any other remedie if default should be in the said Iustices Shirife or Vndershirife where such Riot assemblie or rout should be made nor at whose costes the same riot should be repressed neither was it limitted what punishment the parties attainted of such Riots should suffer St. 2. H. 5. 8. Therefore by an other Statute made Anno 2. H. 5. it was established That if default be found in the said two Iustices of peace or Iustices of Assise and the Shirife or Vndershirife of the Countie where such Riot assemblie or rout shall be made touching the execution that they ought to make by vertue of the said statute of 13. H. 4. and whereof the said Statute maketh mention Then at the instance of the partie grieued the kings commission shall be awarded vnder the great Seale to inquire aswell of the truth of the case and of the originall matter for the partie complaynant as of the default or defaults of the said Iustices Shirife or Vndershirife in this behalfe supposed to be directed to sufficient and indifferent
the same which certificat so made shall be of like force and effect in the law as if the matter contained in the same were duly found by the verdit of xij men And euery person duly proued to be a mainteinor or embraceor of the same shall forfeite to the King xx l. and shall be committed toward there to remaine by the discretion of the Iustices What one Iustice of peace may doe alone in a Riot 23 One Iustice of peace alone can neither make inquiry of a Riot Rout 7. Ed. 4. 18. or vnlawfull assemblie when it is done nor assesse any fine nor award any proces for it nor otherwise meddle with it in the nature of a Riot or Rout but only as a trespas against the peace or vpon the statute of Northampton or the Statut of 34. Ed. 3. or vpon the Stat. of forcible entries for the wordes of the foresaid Statute of 13. H. 4. be That if such trespassors or offendors be departed before the comming of the said Iustices Shirife or c. the same Iustices thrée or two of them shall diligently enquire c. So that there must be two of them at the least to make such inquirie 14. H. 7. 9. But if one Iustice of peace doe heare of any Riot Rout or vnlawfull assembly he alone with his seruants may goe to the place where the assemblie is reported to be made and if he finde any riotously gathered together he may arrest them to finde suerties of their good behauiour according to the Statute of 34. Ed. 3. Kel fo 41. he may take their weapons from them and retaine them vntill their hot bloud be cooled And if they refuse to finde suerties of their good behauiour he may commit them to prison But this must be done presently vpon the act doing for if there be any meane time he hath then no authority to commit them to prison And if he come to the place whither he doth vnderstand that some persons will repaire to commit some Riot Rout or violent act against the peace and the same persons be not yet come thither he may leaue his seruants there to restraine them from committing their intended Riots or other offences or else to arrest them to finde suerties of their good behauiour if they doe offer to commit any Riot or to breake the peacce And so may he also doe if he shall be sicke and heare of any Riot c. intended to be done he may send his seruants to represse it or to bring the offendors before him or some other Iustice of peace to finde suerties to kéepe the peace or else to commit them to the Gaole So that one Iustice of peace alone may by the warrant of the said Statute of 34. Ed. 3. doe much in preuention of a Riot c. before it be done for the stayiââ of it whilest it is in dooing but nothing to punish it as a Riot when it is done for that statute of 34. Ed. 3. was made for the common profit of the Realm spéedily to interrupt and preuent present mischiefes to disperse malefactors Barretors and other Riotors in their very first méeting and encounter and so farre as may be to parte and cut off the quarrell before it grow to any head or extremity which peraduenture would not be easily pacified if one Iustice should doe nothing vntill some other of his fellowes came to assist him therein And a Iustice of peace may by word only without warrant in writing commaund his owne seruants or any of them to apprehend those that are about to commit a Riot in his presence And they may iustifie the taking of them though those Riotors be gone or fled away out of the presence of the same Iustice before his said seruants can lay hold on them 24 Although this Statute of 13. H. 4. doth not make that mention which the Statute of 8. H. 6. of Forcible entries doth touching complaint to be made to the Iustices of peace of a Riot Rout or vnlawfull assemblie but doth hinde the next Iustices of peace to doe execution of this Statute euery one vpon pain of C.li. yet the Sages of the Realme and the wisedom of the interpreters of the law The Iustices must haue notice of the Riot haue thought it reason 4. El. Dy. 210. that notice should be giuen vnto the said next Iustices thereof before they should incurre the said penaltie of C.li. vnles it be some great notorious and very perilous Riot which by common intendment euery person in those parts may take knowledge of for as the said Statute of 13. H. 4. doth relate to the Statute of 8. H. 6. touching the conuiction of offendors by the record of the Iustices So it is like that the meaning of the makers thereof was it should doe in giuing notice or making of complaint of the wrong receiued 25 If the Iustices doe assemble themselues the Shirife The parties agréement no discharge of the inquisition and the Iurie to make inquirie of a Riot within a moneth according to the Statute and after at the parties request they do not inquire of it but doe dismisse the Iurie for that the parties haue agréed betwéene themselues Yet the Iustices shall pay a fine to the King although none doe giue euidence for the King vpon that Riot for they ought to take and charge an enquest and to make enquiry of that Riot whereof they were enformed or of all Riots séeing it may be that the Iurors themselues haue knowledge of the Riot And moreouer they must make proclamation if any will enforme the Kings Iustices of any Riots Routs c. And the said Statute of 13. H. 4. which giueth authoritie to the Iustices and Shirife c. to inquire of the Riot and to heare and determine it according to the law was ordained to punish Riotors for breaking of the Kings peace and thereby to make them an example to others and also to intitle the King to a fine And therefore the law will not permit that the satisfaction of the parties grieued should depriue the King of his fine or ease the offendors of their due and deserued punishment and also yéeld incouragement to others vpon hope of agréement to put in practise the like Riots or other outrages St. 13. H. 4. 7 26 And whereas the said Statute of 13. H. 4. hath ordained that if any Riot or c. against the law shall be made the Iustices of peace the Shirife or vndershirife shall come with the power of the Countie if néede be to arrest them That power of the County is expressed before by the Statute of 17. What power of the County the Iustices shall vse to represse Riots R. 2. viz. Al Lords and other liege people of the Realme as Knights Esquires gentlemen yeomen laborers seruants apprentises villaines and all others of the age of 15. yeares or aboue which be not of the Clergie decrepite or
breue nobis remittentes Teste c. S. Manasse c. 7. When the Shirife or Iustice or Iustices of peace to whom the foresaid writ is directed hath caused thrée proclamations to be made according to the purport of the said writ then he or they may enter and make search in the house houses or place suspected and search whether there bee any force of armour or weapons worne borne or vsed against the said proclamation or otherwise he is warranted by the said writ to inquire thereof by a Iurie And if any such armour or weapons be found he must imprison the offendors and seise and praise their armour and weapons so found with them to the Kings vse And if vpon the proclamation they doe depart in peaceable manner then he hath no warrant by the writ to commit them to prison But by this writ the Shirife or Iustices haue onely authority to remoue the force but not to put the party expelled in possession againe What shal be said to be force 29 Because I haue written of force forcible entry and forcible detaining of possession it is conuenient that I should somewhat declare what the law doth accompt to be force and what acts and in what manner done to be forcible This forcible entry or forcible detaining of possession which the statutes before rehearsed do prohibite must be done with some weapons either offeÌsiue or defensiue as with swords bucklers pykes iauelines bills clubs pitchforkes staues halberts bowes arrowes crossebowes gunnes harneys casting of stones or blocks pouring of hot coales scalding water or lead or with any other thing wherewith one man may hurt the person of another Force by number of seruants And further if a man doth enter vpon the possession of another 10. H. 7. 11. or doth kéepe a possession taken with more seruants or attendants then he doth coÌmonly maintaine it is force and it shal be adiudged in him a forcible entry or a forcible detaining of possession And so it is if diuers do come with bowes bills gunnes or other weapons to a ground or to a house and enter without the disturbance of any this is an entry by force for the words of the statute of 5. R. 2. be Sta. 5. R. 2. 7 That none shall enter with multitude of people but only in a peaceable manner And in like sort if a man doe enter peaceably into a house Force by nuÌber of weapoÌs and after doth bring into the same more weapons then he and his ordinary family do commonly vsually weare besides those weapons that he doth find in the house whereof hée must make no vse to defend his possession it is a forcible detaining of possession And moreouer if complaint be made to a Iustice of peace that one hath entred forcibly into a house and doth detaine the same with force and the said Iustice of peace doth goe thither and findeth the dores shut and him or those within denying him to enter this is a detayning of possession with force though there be no weapon shewed or vsed and though there be but one person within the house for in this case the offendor doth vse the dore as his buckler to keepe the possession If the Iustice of peace doe find in the house any great number of people or any persons in harneis or hauing harneis lying by them this is a detainer with force Wherefore in all the cases aforesaid the Iustice of peace may take the power of the County breake open the dores commit the offendors to prison 11. Ass p. 25 And if a man do mowe reape sheare or sickle corne or grasse or by such other labor which cannot be done without the hands of man wherunto he hath no title this shal be adiudged an entry disseisin with force If a man do kéepe his beasts by force in another maÌs seueral ground 27. Ass p. 30 claiming common therein whereas he hath no common there this is a disseisin of the land by force 30. Ass p. 50 And if a man do enter into the possession of another mans land and after doth fell or lop wood there this is a disseisin by force If a man do enter into another mans house or land 11. H. 4. 16. disseise or expel him thereof after doth carry away certaine goods of the disseisées this is a disseisin with force arms and the disseisor shal be imprisoned for it 16. Assis p. 7. 14. Ass p. 18. 12. H. 4. 22. 22. Ass p. 33. 30 A woman couert may commit a disseisin with force Who may coÌmit a forcible entry and be imprisoned therfore and so may an infant of the age of 18. yéeres or aboue commit a disseisin by force be imprisoned But if he be of tender age he shal not be adiudged a disseisor with force nor be imprisoned 31 Though force being opposed against the law What force is lawfull to the persons of meÌ is a professed enemy to the peace of the Realme yet being vsed in the maintenance of the law it is a principall protector of the same peace for the law doth put the sword of iustice into the kings hand to protect himselfe and euery of his subiects from the violeÌce and oppression of others and to relieue each one that hath iust cause of complaint and thereby to yeeld him peace Wherefore force is to be resembled to fire which being abused may consume the whole house and being wel guided is a meane to yeeld sustenance and comfort to euery person therein And so force may be lawfully vsed by all the kings Officers Ministers and Subiects thereunto deputed with the helpe of all others to assist them when need shall require to execute or aduance iustice or the iudgements of the Law It is lawfull force wherby all offendors in Treason Felony other great crimes be apprehended 7. E. 8. 16. caried to prison brought to their answers receiue condigne punishments inflicted vpon them for their offences It is lawful force wherby the Shirife his Vndershirife Baylifes or Deputies doe with strength apprehend any person by vertue of the kings writs to answere or satisfie the purport of the same writs St. 8. H. 6. 9. It is lawfull force whereby Iustices of peace doe remoue those vnlawfull Entries or vnlawfull detainings of possession which one man doth make into another mans land contrary to the Laws and Statutes abouesaid and whereby they doe put him againe in possession who was wrongfully disseised or expelled thereof And it is lawfull force which Iustices of peace Shirifes Coroners Constables Tithingmen Headboroughes Boroughholders al other charged and authorized to preserue the peace together with their assistants deputies or assignées shall vse in apprehending or committing to prison such as doe attempt to disturbe or breake the peace within their iurisdictions or being commanded wil refuse to put in sufficient sureties for the keeping of
21. H. 7. 39. As In what cases any pârson may deâend himselfe and his by force if theeues or robbers do come to a mans house to rob or murther him he may defend his house by force and if he or his seruants do kill any of them they shall receiue no hurt thereby And if a man being in his house doe heare that another will come to his house to beat him he may lawfully assemble his neighbors and friends to assist and aid him in the defence of his person for his house is his castle and place of protection defence where he must dwell But if a man be threatened âhat if he come to such a Market or Fayre or to such a place that then he shall be beaten in this case he may not assemble his neighbours and friends to go thither in safegard of his person for there is no necessitie that he should go thither seeing it would rather be a meane to seeke a quarrell then to eschew it but in that case he may take his remedy by surety of peace 16. Ed. 4. 17. 9. E. 4. 28. 19. H. 6. 31. 6. H. 7. 1. And if there be an atteÌpt made to maihem wound or beat a man his wife father mother or any of his children within age or to disseise him of his land or to dispossesse him of his goods or to disturbe him of his high way or to turne an ancient watercourse from his mill he may lawfully vse force to resist it 34 As the law hath prouided by the before rehearsed statute of 15. R. 2. St. 15. R. 2. 2. that wheÌ any forcible entry shal be made into any benefices or offices of the church a Iustice of peace shall take the power of the county and commit the offendors to the gaole So hath it further deuised that if there be debate betwéene two persons for one church and one of them doth enter into the church with a great power of lay men and holdeth out the other by force and armes then he which is holden out The writ of Vi laica remouenda to remoue force shall haue a writ of Vi laica remouenda directed to the Shirife commaunding him that he shal remoue the power which is within the church and the shirife shal be further commaunded that if he doe find any that doe resist he shall take with him the power of the county and attach the bodies of all the resisters and commit them to prison so that he may haue their bodies before the King at a certaine day to answer for their contempt Fitz. Na. B. 55. But by this writ the Shirife ought not to remoue the Incumbent who is in possession of the church be he in possession by right or wrong but only to remoue the force and to suffer the Incumbent to inioy his possession for if he do remoue the Incumbent the same Incumbent shall haue a writ to the Shirife to restore him to it againe Where force shal be remoued for the K. incumbent where not 35 If the King do bring a Quare impedit against the disturber and the Incumbent and the Kings title is found for him Br. force 20 whereupon his clarke is instituted by writ and after the first Incumbent doth enter by force great number of people and doth take the profits the Kings Incumbent shall not haue the Kings writ to the Shirife to remoue the force for that when the iudgemeÌt giuen by the court is executed the court hath no more power to deale in that cause But if the defendant had disturbed the Bishop to admit the Kings Incumbent then he should haue had such a writ ⧠Forgerie 1 HAuing vndertaken to write of the great and generall maladies of the Realme and the chiefe impediments of the iustice and peace of the kingdome I shall not farre digresse from my theame by treating of Forgerie Periury Maintenance Deceit Extortion and Oppression wherein though a man be not assaulted by the rapier and dagger pike-staffe or bilbow-blade as he is in a fray forcible entrie or riot yet a forged déed that conueyeth his land from him a false othe which depriueth him of his lease or vnlawfull mantenance that wresteth his credit or goods from him do longer disturbe the peace of his mind stick in his stomacke and infixeth a déeper and more durable impression of sorrow into his heart than a boxe on the eare a dust in the necke or a blow with a cudgell giuen on the sodaine will doe For the griefe of these later stripes is short and doe weare out of mans mind by little and little as his choller ceaseth and his hot bloud cooleth but the discontent and the wants which he receiueth of the former blowes doe continue with him and yéeld him most dislike when he is most patient and best aduised And therefore the wisedome of this Realme hath from age to age taken great care by lawes and statutes to represse them and to inflict vpon the offendors in euerie of them penalties correspondent to their deserts Our lawes doe chastise those that breake the peace by frayes assaults batteries riots or routs with imprisonment of their bodies vntill their hot blouds be cooled and their distemperat humors be qualified but they doe impose sharper and more durable punishments vpon such as doe forge déeds commit or procure periurie Forgerie periurie maintenance do ten 5 to the breach of the peace or bee maintainers of other mens suits or quarels accounting these last offences to tend more and for a longer time to the breach or blemish of the peace or hinderance of the iustice of the Realme than the former doe As hee that committeth forgerie in some cases shall bée set vpon the pillorie loose his eares haue his nostrels slit and pay to the partie grieued his double costs and dammages And in some other cases shall be hanged as a felon He that committeth periurie shall in some cases be one yeare imprisoned be set vpon the pillorie and neuer after be allowed as a witnesse And hee that maintaineth other mens suites shall in some cases be thrée yeres imprisoned and further punished at the kings pleasure And in some other cases sustaine other disgraces And therefore the preamble of the statute of anno 1. St. 1. H. 5. 3. H. 5. doth truely informe vs that forged déeds do trouble and change the lands of good people intending to be in peace And the statute of anno 32. St. 32. H. 8. 9 H. 8. doth teach vs that the suborning of witnesse for to maintain any matter or cause is to the disturbaÌce or hinderance of iustice The enormity of Forgerie 2 The forging of false sealed Déeds Euidences or Writings or of Court Rols or of the will of any person or of any Obligation Bill obligatorie Release or other discharge or the pronouncing publishing or giuing in euidence of the same wherby any person shal be molested troubled charged
grainers or houses such corne of the kindes aforesaide as without fraud or couin shal be bought at or vnder the prices before expressed any thing in this Act to the contrary notwithstanding Prouided alwaies that this Act Within what time the sute shal be commenced or any thing therein contained extend not to charge any person or persons for any the offences aboue mentioned vnlesse he or they be sued for the same within two yeares next after such offence done or committed 5. 6. Ed. 6. 14. Prouided alwayes that it shall be lawfull to euery of the kings subiects now dwelling inhabiting Buying and selling of fish neere the sea or that héereafter shal dwel and inhabite within one mile of the maine Sea to buy all manner of fish fresh and salted not forestalling the same to sel the same againe at reasonable prices this Act or any thing therein contained to the contrarie in any wise notwithstanding Prouided also Drouers licenced may buy and sell cattle that it shall be lawfull to all and euery person and persons knowne to be a common Drouer or Drouers being licenced or authorized and allowed in writing by thrée Iustices of peace whereof one to be of the Quorum of the Countie or Counties where the same Drouer or Drouers shall be most abiding and dwelling to buy cattell in such Shires and Counties where Drouers haue béene wont in times past accustomably to buy cattell at their frée liberties and pleasures and to sell the same as is aforesaid at reasonable prices in common faires and markets distant from the place or places where he or they shall buy the same fortie miles at the least so that the same cattell be not bought by the way of forestalling Prouided alwaies that such licence of the Iustices of the Peace shall not endure aboue one yeare The continuance of a licence vnlesse the same be yearely renewed by so many Iustices as is aforesaid St. 5. El. 12. 12 Because since the making of the foresaid Statute of AnÌ 5. 6. Ed. 6. diuers persons by their owne sute were licenced to become drouers of cattel badgers laders kidders cariers buiers or transporters of corne graine butter and chéese thereby to liue easily and to leaue their honest labour in husbandry or manuall occupations and also to inhaunce the prices of corne graine and other victualls Oppression by badgers kidders laders cariers by which meanes they oppressed the common-wealth only to procure vnto themselues both wealth and ease for the redresse whereof by a Statute made Anno 5. Eliz. it was enacted That if anie licence shall be made to any badger lader kidder or carier of corne drouer of cattell buyer or transporter of corne and graine butter or chéese otherwise than in the generall and open Quarter Sessions of the peace holden in the shire where the partie admitted doth Obseruations necessarie in all licences and by the space of thrée yeares before the Teste of his Licence hath dwelled Or other than to such person as is or hath béene married is a housholder no houshold seruant or retainer thirtie yéeres of age at the least Or to haue continuance for more than one yéere or which beareth not date the day and place where the Sessions be holden Or is not signed and sealed with the handes and seales of thrée Iustices of peace being present at the same Sessions at the least whereof one to be of the Quorum the same Licence shall be voide And the party which taketh the same shall forfeit fiue pounds And no person shall vpon the paine of the forfeiture of fiue pounds by the authoritie of such Licence buy any corne out of open faire or market to sell the same againe except he be thereunto specially licenced by expresse words in his licence The moitie of which forfeitures shall be to the Q. her heires and successors and the other moitie to him or them that will sue for the same in any of the Q. Courts of Record by B.P.A. or I. wherein no W.E.P. c. But this Act shall not extend to preiudice the liberties of any citie or towne corporat but euery of them may lawfully assigne and licence Purueiors for the prouision of the same citie or towne as they might haue done before Neither shall this Act be preiudiciall to the Inhabitants within the Counties of Westmerland Comberland Lancaster Chester Yorke or any of them but they may doe as they haue vsed to doe And the Iustices of peace in euery Countie within this Realme or Wales shall haue authoritie to inquire heare and determine all offences committed contrary to this statute by inquisition presentment bill or information before them exhibited and by examination of two lawfull witnesses and to make processe thereupon as though they were indited by inquisition or verdict c. Oppression of Printers and Stationers 13 Though by the Statute of Anno 1. R. 3. St. 1. Ri. 3. 9. licence was giuen to aliens and strangers to bring books into this Realme and to sell and retaile them at their liberties for that there were then few Printers or skilfull binders of bookes within this Realme But séeing since there haue béene and are many expert and cunning Printers and skilfull binders of bookes within this Realme who haue wholly addicted themselues to the saide trades and made it their whole or chiefe liuing and therefore to bring into this Realme anie printed bookes bound or for any stranger to bring bookes into this Realme to be by them sold by retaile were a great oppression and preiudice to the Stationers and also the same bookes would be so much the dearer and so hurtfull to others who should buy those of them Therefore by a Statute made Anno 25. Oppression by Printers or Stationers H. 8. it was ordained St. 25. H. 8. 15. That if any person resiant or inhabitant within this realme shal buy to sell againe any printed bookes brought from any parts out of the Kings obedience ready bound in boords leather or parchment hée shall forfeit for euery booke bound out of the Kings obeisance and brought into this Realme and bought by any person within the same to sell againe vj. sÌ viij d to the King and the party that wil seise or sue for the same in any of the Kings courts of Record by B.P.I. c. wherein no W.E.P. c. And if anie person inhabitant or resiant within this realme shall buy within this realme of any stranger borne out of the kings obeisance other than of denizens any printed bookes brought from any parts beyond the sea except only in grosse and not by retaile he shal forfeit for euery booke so bought by retaile vj. sÌ viij d to the King and the party that wil seise or sue for the same in any of the kings courts of Record by B.P. or I. c. wherein no W.E.P. c. The said forfeitures to be
murder in him that slew him although the murderer did not know the party whom hée killed and although the fray was on the sodaine Because the Constable and his assistants came by authoritie warrant and commaund of the Lawe to kéepe the peace and auoide the danger which might ensue by the breach thereof And therefore the Lawe doth adiudge this murder and that the murderer had a prepenced malice in him to oppose himselfe against the Lawe and the iustice of the Realme And if the Shiriffe or any of his Bayliffes or Officers be killed in the execution of the Kings Processe or in doing their office The Shiriffe or his officer is slaine in execution of Processsâ this is murder And it is murder if a watchman be killed in watching and doing of his office for in those cases the Lawe doth construe the offence not onely as done to the person that is slaine but to the office of execution of iustice or the keeping of the peace which the law had imposed vpon him that was slaine and so the offender by killing of this man hath done as much as in him lieth to restraine the execution of iustice or to hinder the preseruation of the peace Murder and manslaughter committed in the death of one man 26 If a man goe with malice prepenced to fight with an other and to kill him and a third person séeing them fighting Plo. Com. 100. goeth on the suddaine without malice to take the part of him that went with his malice and to fight for him and then they two strike and kill the man that was by them assaulted This is wilfull murder in the first man which went with the malice prepenced to kill and but manslaughter and no murder in the other who went to take his friends part and had no malice prepenced to kill As if the master vpon malice prepenced doth lie in the way to assault and kill a man and taketh some of his seruants with him that hee doth not acquaint with this malitious intention and the master doth assault the same person who he did lie in waight for and doth fight with him and the seruants doe take their masters part and also fight with the partie assaulted and they altogether doe kill him This is willfull murder in the master and but manslaughter in the seruants for that in them there was no malice prepenced towardes the partie slaine But if the master had made his seruants priuie to his intention and they had gone with him and killed the other it should haue beene adiudged murder in the seruants also 27 If a man vpon malice prepenced do lie in waight to kill an other man Plo. Com. 101. and doth méet him A man bearing malice to one doth kill an other assaile and fight with him a third man being in the companie of him that is assailed doth fight and defend him In this case if the first man that made the assault doe kill the third man who tooke part and defended the second man that was assailed it is in him wilfull murder though at the first he did beare no malice to him that hee killed neyther knew him But when the first man did beare malice to the second man that hee first assaulted and ment to haue killed him and to haue put his intended malitious purpose in execution against him and slew one other who resisted his purpose the law doth construe it that he caried a malicious and reuenging mind against all those that did resist his wicked purpose And therefore as he slew one in the defence of an other so is his malicious and murdering minde and intention expounded to be transferred from the one to the other and he shal be adiudged a murderer as if he had killed the first man And the same lawe is if one man doe lie in waight in a place to kill an other man and a stranger doth come to the same place and he that doth lie and waite to kill mistaking the man doth kill that straunger thinking he had bin the same person which he did meane to kill This killing shal be adiudged wilfull murder for it is grounded vpon malice prepenced though it were not executed vpon him to whom he did beare the malice And therefore it shal be adiudged the like offence as if hee had slaine the same person that hee meant to haue killed And so it is if a man vpon malice prepenced doe shoote at one man with intent to kill him and his arrow or pellet doth kill an other man to whom he did beare no malice this shal be adiudged murder in him for in his act doing he intended murder and séeing he directed his arrow to kill one man and that slew another the offence shall be accounted in equall degrée as if had killed him whom he meant to haue slaine for the end of the fact shall be iudged by the beginning thereof and the later part shall taste of the first and the first part which was the shooting of the arrow or pellet was grounded vpon malice prepenced and a murdering minde and so the offence in Lawe shall be iudged wilfull murder Plow com 474 28 The husband did giue to his wife a rosted apple wherein hée had put poison with intent to poison and kill her and the wife not knowing the intent of her husband nor that the apple was poisoned deliuered the same apple in the presence of her husband to a yoong childe of their owne to eate who did eate of it and died thereof within few daies after Giuing poison to one another taketh it dieth This was adiudged wilfull murder in the husband for that he deliuered the poisoned apple with intent to kill one person and séeing by his act death did ensue although it was to another person than he meant to kill yet it shall be adiudged murder in him for he was the originall founder and only cause of this death and this murder should be vnpunished if he should not be punished therefore for the wife which deliuered the poisoned apple to her owne childe could not be guiltie of any offence for that she was ignorant of the mischiefe pretended But if one doe lay rats-bane or other venomed thing in a house or place with intent to kill rattes mice or other vermine and a man or woman doth eate of it and dieth thereof this is no murder or other felony in him that laied it for that he had no intent to hurt any man or woman M. 2. El. Di. 186 29 An aduouterer and a harlot being by him begotten with childe Two agréeing vppon a murder and one of them doth it did agrée that after the womans deliuery the childe should be killed whereupon the mother after her deliuerie perswaded the Midwife to kill the childe who did it accordingly viz. she cut the throat of it In this case the mother and midwife were adiudged principall murderers and the aduouterer
Felonie as Rape Robberie c. for in Rape if one do not commit the act Fitz. Cor. 314. 350. but aideth and assisteth his companion hee is principall as well as hee that committeth the fact And the same law is if one doe commit a Robberie and others be in his companie and do come with him for that purpose they bée all principals 13 Accessorie after the offence is he Accessorie after the offence committed who knowing that another hath committed a felonie doth receiue him ayd him or comfort him As if one do receiue a felon before he is attainted of felonie knowing of the felonie which he hath committed 26. Ass p. 47 or doth fauour him or ayd him with money meat drinke or lodging by that meanes he shal be adiudged accessorie What act of the accessorie maketh him a felon what not But this difference is to be taken of aid or counsell for if he aid him by his good word or suit for his deliuerance or do send a letter for his enlargement this doth not make him acessorie to the felonie Receit of a felon attainted in the same Countie 14 If one receiue a felon that is attainted of Felonie by verdict or confession in the same Countie where the receiuer is commorant or dwelling and doth ayd him he is accessorie to the Felonie Fi. Cor. 377 Bracton though he doth not know that the other hath committed Felonie because hee is a Felon by matter of record whereof euerie straunger dwelling or commorant in the same Countie is to take notice And it is Felonie if one be indicted of the receit of another that is Outlawed of Felonie in the same Countie where the receiuer dwelleth for that the offendor is attainted of Felonie in that Countie by matter of record S. Indictments 34. Receit of a felon attainted in another Countie 15 If one be attainted of Felonie by verdict confession Fi. Cor. 377 or outlawry in one Countie and another doth receiue him and aid him in another Countie he is not accessorie to the Felonie vnlesse he doth know of the Felonie because hée cannot take knowledge of an act done in another Countie though it be by matter of record S. Indictments 34. Indictment of an accessorie in one County to an offence done in another 16 Because that Théeues and Robbers that had robbed or stollen in one Countie would conuey their spoile or part thereof so robbed and stollen vnto some of their adherents in another countie where the principall offence was not committed who knowing of such felonie willingly and by couin did receiue the same in which case though the principall felon were attainted in one countie the accessorie escaped by reason that he was accessorie in another Countie and that the Iurors of the same countie by the common law could take no knowledge of the principall felonie ne attainder in the first countie and so such accessories escaped thereof vnpunished For the remedie whereof by a Statute made Anno 2. 3. E. 6. it was ordained St. 2. 3. E. 6. 24. That where any murder or felonie shall be committed in one countie Triall of an accessorie in one County to an offence done in another and another person or moe shall be accessorie to the same in another countie Then an Inditement found or taken against such accessorie and accessories vpon the circumstance of such matter before the Iustices of Peace or other Iustices or commissioners to enquire of felonies in the countie where such offences of accessorie shal be committed shal be as good in the law as if the said principall offence had bin committed within the same couÌtie where the same indictment against such accessorie shal be found And the Iustices of Gaole deliuerie or Oyer Terminer or two of them of or in such countie where the offence of any such accessorie shal be committed or done vpon suit to them made shall write to the Custos Rotulorum or Kéepers of the Records where such principall shal be attainted or conuict to certifie them whether such principall be attainted or conuicted or otherwise discharged of such principall felonie who vpon such writing shall make sufficient Certificat in writing vnder their Seale or seales to the said Iustices whether such principall bee attainted conuicted or otherwise discharged or not And after that they doe certifie that such principall is attainted conuicted or otherwise discharged of such offence Then the said Iustices c. shall procéed vpon euery such accessorie in the Countie where he became accessorie in such manner and forme as if both the said principall offence and accessorie had beene committed in the same Countie where the offence of accessorie was committed and euery such accessorie and other offendors aboue expressed shall answer vpon their Arraignments and receiue such Triall Iudgement order and execution and suffer such forfeitures as is vsed in other cases of Felonie 27. Ass p. 69 25. Ed. 3. 39. 9. H. 4. 1. 17 If one receiue goods stollen or any parcell thereof yet hée shall not bée accessorie to the felonie if he do not receiue the Felon himselfe But if he doe receiue the goods stollen Receiuing of of stolne goods and also the Felon he shall be accessorie to the felonie so that the same Felon be before accessorie of the same felonic S. Indict 34. Fitz. Cor. 427. 18 If a Felon doth flie and come to his friends house Receiuing the Felon and his friend doth shut the doore and the countrey which pursueth him doe thinke that the Felon doth continue in the house whereas he escapeth in this case the friend shall bée adiudged accessorie to this felonie for that his friend did ayd and reléeue him and endeuoured to defend him from the iustice of the law S. Escape 2. 26. Ass p. 52 19 And also a man may be accessorie to an accessorie Accessorie to an accessorie as if one doe receiue him who is accessorie to a felonie by this meanes he himselfe shall be accessorie to this accessorie because that first accessorie is a felon 1. H. 7. 6. 20 If one doe rescue him that is arrested conuicted Rescue of a Felon or attainted of felonie hée is a principall Felon and not an Accessorie and the reason is for that this is a new felonie by it selfe though it doth depend vpon the former felonie 21 A woman couert cannot bée accessorie in felonie to her husband A wife no Accessorie to her husband A maried wife a principall Felon for that by the lawes of God shée ought not discouer his counsell But by force of a Statute made Anno 1. Mar. a wife shall be a principall Felon if shee doe send deliuer or conuey any reliefe to her husband which amongst others to the number of twelue or aboue shall bée assembled practise and put in vre any of the offences prohibited by the said stat prouided against Rebellious
but if it be during the day light though the sunne be set the countrie shal be charged therewith for whosoeuer doth trauel during the day light is in the guard and protection of the lawe and if any doe iourney by night he doth it at his owne perill St. 13. E. 1. 4 3 For the more suretie of the countrie and spéedier defecting of offendors warding of walled towns by the said Statute of Winchester it was enacted That in great townes beeing walled the gates shal be shut from the sunne setting vntill the sunne rising and no man shall lodge in the Suburbs or any place out of the town froÌ nine of the clocke vntil day vnlesse his Host will answer for him And the bailifs of townes euery weeke or at the least euery fifteenth day shall mak enquirie of all persons beeing lodged in the Suburbes or in forraine places of the townes and if they find any that hath receiued any suspitious persons not kéeping the Kings peace the baylifs shall execute right and iustice therein St. 13. E. 1â4 4 And by the said statute of Winchester it was moreouer ordained That in all townes watch shall be kept as in times past it hath beene vsed That is to say When the night watch shall begin and end from the feast of the Ascension vntill Michaelmas in euery citie sixe men shall watch at euery gate in euery Borough twelue men in euery town sixe or foure according to the number of the inhabitants of the towne and they shall watch the towne at night from the sunne setting to the sunne rising And if any stranger doe passe by them he shall be arrested vntill the morning and if no suspition be found he shall goe quit and if they find cause of suspition they shall forthwith deliuer him to the Shirife and the Shirife shall receiue him without hurt vntill he be acquited in due manner And if he will not obey the arrest Resisting of arrest they shall leuie Huy and Cry vpon him and such as kéepe the Towne shall follow with Huy and Cry with all the Towne and Townes néere and from Towne to Towne vntill he be taken and deliuered to the Shirife as is beforesaid and for the arrestments of such strangers none shall be punished And by the Statute of Anno 5. H. 4. St. 5. H. 4. 3 Iustices of Peace haue power to make inquisition in their Sessions from time to time and to punish them which be found in default after the tenour of the foresaid statute of Winchester Enlarging of high waies 5 And for the more spéedie apprehension of felons and that they may haue the lesse meanes to escape when they haue robbed or otherwise offended St. 13. E. 1. 5. by the said statute of Winchester it is further established That the highwaies leading from one Market towne to another shal be enlarged there where any wood hedges or ditches be so that there shal be no ditch wood or bush where he that doth lewdly may escape within two hundred foot of the high way on the one side and two hundred foot on the other but this Statute extendeth not to Ashes or great Trees And if any robberies be done by default of breaking downe ditches vnderwood and bushes the Lord shall answer therefore and if it be a murder the Lord shal be punished at the Kings pleasure And if the Lord be not able to cut downe the vnderwood the Countrie shall helpe him And within the kings demesne woods in forrests and without the waies shal be enlarged as before is said And if any Parke be neere vnto the high way the Lord thereof shall diminish it by the space of two hundred foot from the high way or els make such a wall ditch or hedge that offendors cannot goe forward or backeward to any hurt 6 Because it is very hard and extreame to many persons for that by the foresaid Statutes of 13. Ed. 1. 28. E. 3. 11. they do remaine charged with the penalties therein contained notwithstanding their vnabilitie to satisfie the same and though they do as much as in reason might be required in pursuing such malefactors offendors whereby both large scope of negligence is giuen to the inhabitants resiants in other hundreds counties not to prosecute the huy crie made followed brought vnto them by reason they are not chargeable for any portion of the goods robbed nor with any dammages in that behalfe giuen also great incouragement imboldening is likewise giuen to the offendors to commit daily more felonies and robberies seeing it is in a maner impossible for the inhabitants and resiants of the said hundred and franchise wherein the robberie is committed to apprehend them without the ayde of other hundreds and counties adioyning And for that also the partie robbed hauing remedie by the foresaid statutes for the recouering of his goods robbed and dammages against the Hundred wherein the robberie was committed is many times negligent and carelesse in prosecuting and pursuing the saide malefactors and offendors The Hundred charged wher fresh sute shall cease For the qualifying of all which extreamities by a statute made Anno 27. Eliz. St. 27. El. 13 it was ordained That the inhabitants and resiants of euery or any such Hundred with the franchises within the precinct thereof wherein negligence fault or defect of pursute and fresh sute after huy and crie made shall happen to be shall answer and satisfie the one moitie or halfe of all and euery summe and summes of money and dammages as shall by force and vertue of the saide Statutes viz. of 13. Ed. 1. and 28. Ed. 3. or either of them be recouered or had against or of the same Hundred with the franchises therein in which any robberie or felonie shall at any time heereafter be committed or done And the same moitie shall and may at any time héereafter be recouered by action of debt bill plaint or information in any of the Quéenes Courts of Record at Westminster by and in the name of the Clerke of the Peace for the time being of The Clerke of the Peace shall prosecute the sute or in euery such Countie within this Realme where any such robberie and recouerie by the party or parties robbed shal be without naming the Christian name or the surname of the saide Clerke of the Peace Which moitie so recouered shall be to the only vse and behoofe of the inhabitants of the said Hundred where any such robberie or felonie shall be committed or done St. 27. El. 13 7 If any Clerke of the Peace of or in any Countie within this Realme shall at any time héereafter commence or preferre any such sute action or information and shall after the same so sued commenced or preferred The Clerke of the Peace doth die or is remooued happen to die or to be remooued out of his office before recouerie and execution had yet no such
a statute made Anno 1. Ed. 4. it was ordained That vpon all Indictments and Presentments which shall bée taken before any of the Shirifes of Counties for the time béeing their Vndershirifes Clerkes Baylifes or Ministers at their Turnes or Law-daies they nor any of them shall haue power or authority to arrest attach or put in prison or to leuy any fines or amerciaments of any person or persons so indicted or presented by reason or colour of any such Indictment or Presentment taken before them or any of them or to leuy or take of any such person or persons so indicted or presented any fine or ransome But the said Shirifes vndershirifes Baylifes or Ministers shall bring present and deliuer all such Indictments and Presentments taken before them or any of them in their Turnes or Law-daies to the Iustices of the Peace Indictments taken in the shirifes Turnt shal be deliuered to the Iu. of peace at their next Session of the Peace which shal be holden in the County or Counties where such indictments and presentments shal be taken And if any of the said Shirifes Vndershirifes Clerkes Baylifes or Ministers doe not bring deliuer or present all such indictments or presentments so taken before them and euery of them in their Turnes or Law-daies as is aforesaid to such Sessions of the peace before the said Iustices then the said Shirifes Vndershirifes Clerkes Baylifes and their Ministers and euery of them which shall faile of the bringing deliuering or presenting of such Indictments or Presentments shal forfeit to the king forty pounds so often as they or any of them shall doe the contrarie And the said Iustices of peace shal haue power and authority to award proces vpon such Indictments and Presentments as the Law doth require Proces vpon Indictments awarded by I. of peace and in such like manner as if the said Indictments and Presentments had bin taken before the said Iustices of Peace in the same County or Counties and also to arraigne and deliuer all person and persons so indicted and presented before the said Shirifes Vndershirife their Clerkes Baylifes or Ministers or any of them in their Turnes or Lawdaies and to set such fine vpon euery person or persons indicted or presented of Trespas as it shall séeme good to their discretions And the Estreats of the same fines and amerciaments shall be inrolled and by Indenture deliuered to the said Shirifes Vndershirifs Clerks or Ministers or to some of them to the vse and profit of him which was shirife of the County at the time of the taking of such indictments or presentments And if any of the said Shirifes Vndershirifes Clerkes Bailifes or ministers shall cause to be arrested attached or put in prison or shall cause to be raised or taken any fine or ransome or leuy any amerciament of any person or persons so indicted or presented by reason or colour of any such indictment or presentment before him taken at his foresaid Turne or Law-day before they haue proces from the said Iustices of Peace or Estreats deliuered out of the said indictments or presentments so brought deliuered or presented vnto them then the shirifes which doe so shall forfeit an hundred pounds wherof the one moitie shal be imployed towards the expences of the kings house and the other to the party or parties that shal be endaÌmaged And he or they shal haue an action of Debt at the common law and like proces as is vsed in an action of Debt at the common law wherein the defendants shal not be essoined wage their law Indictments in London nor haue any protection But this Ordinance shall not extend or be preiudiciall to the shirifes of the city of London touching indictments or presentments to be taken before them in the said city Neither shall this ordinance extend or be preiudiciall to any person or persons that haue graunt of any fines or other amerciaments by any letters patents of the king or of any of his progenitors or predecessors bearing date before the x. day of December next after the beginning of this Parliament being An. Dom. 1461. B This statute doth giue authority to Iustices of peace to award proces vpon all indictments taken in the shirifes Turne when they be brought and deliuered vnto them But yet it is alwaies intended That those Indictments shal be lawfull The shirife inquiring of things not inâuirable in ãâã Turne and containe matter whereof the Shirife hath iurisdiction in his Turne and power to make inquirie For if the Shirife in his Turne will make inquiry of the statute of Liueries 4. E. 4. 31. 8. E. 4. 5. or indict one who did feloniously rauish a woman or such other matters which be not inquirable in the shirifes Turne although he wil bring the indictments before the Iu. of peace and deliuer them according to the foresaid stat of 1. Ed. 4. yet they ought not to award proces vpon them for they were taken coram non iudice and so void 7 And for that Enquests were sometimes taken without being duly returned by the shirife of such persons as were outlawed before Iustices of Record and of some such as were fled to sanctuary for Felony or Treason to haue refuge by whom sometimes not only offendors were indicted but also seueral of the kings liege people not guilty by the conspiracie abbetment and false practise of others for their owne speciall aduantage and priuat gaine for the auoiding whereof there was a statute made Anno 11. H. 4. which doth enact St. 11. H. 4. 9 That no indictment shal be made by any such persons but by enquests of the kings liege people as it hath bin vsed in the time of the kings progenitors duly returned by shirifes or bailifes of Franchises without any maner of denomination before made to the said shirife or bailifes of Franchises by any person of the names of those who shal be impanelled by him Iurors in indictments shal be returned by the shirife without denomination vnlesse it be by the officers of the said shirifes or bailifes of Franchises knowne or sworne thereunto and other ministers to whom it appertaineth by the law of England to make the same And if any indictment be made in any point to the contrary the same shal be void reuoked and of no force According to this statute some haue béen discharged of their Indictments B. because certaine of the Indictors were before that outlawed of Felony This statute of Anno 11. H. 4. is altered by the next statute of Anno 3. H. 8. for so much onely as doth concerne denomination to be made by the Iustices 11. H. 4. 40. St. 3. H. 8. 12. for the reformation of Panels returned before them by the Shirifes when the said Iustices will haue the same Panels reformed But for all the residue it continueth in force 8 The whole authority of returning of Enquests to make Indictments without the denomination of
indicted and tried in the County where he doth commit the offence whereof he is so indicted yet for the preseruation of mans life and condignely to punish such persons as vnlawfully and wilfully murther slay or destroy men and to preuent the practise of those Théeues and Robbers that doe steale or robbe in one Countie and conuey their spoyle or part thereof to some of their adherents knowing thereof in another Countie St. 2. 3. Ed. 6. 24. by a Statute made Anno 2. 3. Edw. 6. it was enacted That where any person or persons shall be feloniously stricken or poysoned in one County A man strickeÌ or poysoned in one county dieth in another and dye of the same stroake or poysoning in another County that then an Indictment found by Iurors of the County where the death shall happen whether it shall be found before the Coroner vpon the sight of any such dead body or before the Iustices of Peace or any other Iustices or Commissioners which shall haue authoritie to enquire of such offences shall bee as good and effectuall in Law as if the stroake or poysoning had béene done or committed in the same Countie where the party shall dye or where such Indictment shall bée so found And by the same Statute it was further ordayned That where any Murther or Felony shall bée committed and done in one County and another person or moe shall bée accessarie or accessaries in any manner wise to any such Murther or Felony in any other County Indictment of an accessary in one county to an offeÌce done in another that then an Indictment found or taken against such accessarie or accessaries vpon the circumstance of such matter before the Iustices of Peace or other Iustices or Commissioners to inquire of felonies in the County where such offences of accessarie or accessaries in any manner of wise shall bée committed or done shall bée as good and effectuall in the Law as if the principall offence had béen committed or done within the same County where the same Indictment against such accessary shal be found 6. H. 7. 10 7. H. 7. 8 Before which Statute made the manner was B to carry the body of the offendor to the County where the first offence was committed and there to indict and try him A man was indicted in the County of Middlesex for that hee in the same County procured another man to kill a third man in the Countie of Essex Fi. Cor. 33 by force whereof hée did kill him accordingly This was a good and sufficient Indictment for hée was indicted in the county where he committed his offence Kel fol. 67. viz. the procurement And if a man being in one county doth procure another to kill a third person in another couÌty whereby he doth kill him accordingly in this case a Iury of the county where the murther was committed may indict this procuror as accessory for that this murther was begun by his procurement Insidiatores viarum depopulatores agrorum 15 By the Statute of Anno 4. H. 4. it was ordained St. 4. H. 4. 2. That the words Insidiatorum viarum Depopulatores agrorum shall not be from henceforth vsed or put in Indictments Arraignements Appeales nor other impeachments Nor that by force of any such word or terme any of the kings people shall be arraigned appealed impeached nor grieued before any secular Iudge But the Iustices may take and receiue before them Indictments Arraignements and Appeales of Felony containing in them the effect of the said words and termes if any shal be hereafter indicted arraigned or appealed before them of any such Felonies And if in time to come any Clerkes shall be indicted arraigned or appealed and their indiments arraignements or appeales doe purport the effect of the said wordes or other wordes of the like effect notwithstanding they shall enioy the priuiledge of their Clergie Words not necessarie in Indictments 16 By a Statute made Anno 37. H. 8. the words vi armis viz. St. 37. H. 8. 8 cum baculis cultellis arcubus sagittis or such other like before time commonly vsed and comprised in all Indictments and inquisitions of Treason Murther Felony Trespas and other offences shall not of necessitie bée put or comprised in any Inquisition or Indictment Nor the party being indicted of any offence shall take aduantage by Writ of Error Plea or otherwise to auoid any such Inquisition or Indictment for that the said wordes or any of them shall not bée put in the said Inquisition or Indictment But the said Inquisitions or Indictments lacking the foresaid words or any of them shall bée taken to all intents as good and effectuall in Law as if the said words were in them No more shall be in an indictment then is true 17 By these two last Statutes it doth appeare St. 4. H. 4. 2. St. 37. H. 8. 8 that the Realms was offended because Indictments were stuffed with more words then the offence required and that of purpose to aggrauate the offence more then it was grieuous in it selfe For the circumstances of euery offence doe augment or diminish it according to the qualities thereof And therefore it is requisite that there shall be no further circumstance put in Indictments more then the fact sauing that which is true least Periurie should ensue and Iustice bée subuerted thereby for such words be not words of forme but as materiall and necessarie as Proditorié or Felonicè which ought to be put in euery Indictment of Treason or Felony or otherwise the Indictment is not good for they doe expresse the intent wherewith the fact was committed Felonice omitted in an indictment of felony which maketh the offence to bee knowne As one was indicted That he tooke his father being sicke Fi. Indict 3. carried him against his will from towne to towne in a great frost wherof he died and for that this word Felonicè was not in the indictment it was adiudged void And if one be indicted of murther or manslaughter 1. M. Di. 99. there must be of necessitie in the indictment a stroke supposed viz. tali die anno felonicè ex malitia praecogitata interfecit murdrauit c. without saying percussit And if a man be indicted of Piracy Piracie in an indictment there ought to be in the indictment not only this word felonicè Stamf. 114. but also this word piraticè 18. E. 3. 32. Fitz. Cor. 122. 13. Ass p. 6 18 In an action of trespas brought for the taking away of a mans wife Where a verdict shal be an indictment and the goods of the husband the def pleaded not guiltie and was found by verdict guiltie in this case the same verdict shall serue as an indictment for the K. and the def shal be thereupon arraigned of felony And in like sort ân an action of trespas brought for the taking
hide their affection in that behalfe haue signified the cause of their apprehension to bée but onely for suspition of felonie whereby the said offendors haue escaped vnpunished to the incouragement of théeues and euil doers For reformation whereof by a stat made Anno 1. 2. P. M. it was ordained St. 1. 2 P. M. 13 That no Iustice or Iustices of Peace shall let to baile or mainprise any such person or persons which for any offence Bailing of offendors by Iust of peace or offences by them or any of them coÌmitted be declared not to bée repleuisable or bailed or forbiddeÌ to be repleuied or bailed by the stat of West 1. made AnÌ 3. E. 1. And furthermore that any person or persons arrested for manslaughter or felonie or suspition of manslaughter or felonie being baileable by the law shal not be let to baile or maineprise by any Iu. of Peace if it be not in open Sessions except it be by two Iu. of peace at the least whereof one to be of the Quorum and the same Iustices to be present together at the time of the said bailement or mainprise which bailement or mainprise they shall certifie in writing subscribed or signed with their owne hands at the next generall Gaole deliuerie to be holden within that countie where the said person or persons shal be arrested or suspected And the said Iu. or one of them beeing of the Quorum when any such prisoner is brought before them for any manslaughter or felonie before any bailement or mainprise shall take the examination of the said prisoner and information of them that bring him of the fact and circumstances thereof and the same or as much thereof as shal be materiall to prooue the felonie shall put in writing before they make the same bailement which said examination together with the said bailement the said Iu. shall certifie at the next generall Gaole deliuerie to be holden within the limits of their commission And euerie Coroner vpon any inquisition before him found The Coroners duty vpon an inquisition found wherby any person or persons shal be indited for murder or maÌslaughter or accessorie or accessories to the same before the murder or manslaughter committed shall put in writing the effect of the euidence giuen to the Iury before him being materiall And aswel the said Iu. as the said Coroner shall haue authoritie by this act to bind all such by recognizance or obligation as do declare any thing materiall to prooue the said murder or manslaughter offences or felonies or to be accessory or accessories to the same as is aforesaid to appeare at the next generall Gaole deliuerie to be holden within the county city or town corporat where the triall thereof shal be then there to giue euidence against the partie so indited at the time of his triall and shal certifie aswel the same euidence as such bond bonds in writing which he shal take together with the inquisition or inditement before him taken found at or before the time of his said triall thereof Certificat of a bond taken by a Iu. of peace to be had or made And likewise the said Iu. shall certifie all euery such bond taken before him in like maner as before is said of bailmeÌts and examination And in case any Iu. of peace or Quorum or Coroner shal offend in any thing contrarie to the true intent and meaning of this act then the Iu. of Gaole deliuerie of the shire citie towne or place where such offence shal happen to be committed vpon due proofe thereof by examination before them shal for euery such offence set such fine on euery of the same Iu. of peace Coroner as the same Iu. of Gaole deliuerie shall thinke méet and shall estreat the same as other fines and amerciaments assessed before Iustices of Gaole deliuerie ought to be Prouided alwaies that Iu. of Peace and Coroners within the city of London and the County of Middlesex in other Cities Boroughs and Townes corporat within this Realme and Wales shall within their seuerall iurisdictions haue authority to let to baile felons and prisoners in such manner forme as they haue bin heretofore accustomed This act or any thing therein contained to the contrary notwithstanding And also shall take examinations bonds as is aforesaid vpon euery bailement by them or any of them to be made and shall certifie euery such bailements bonds examinations by them or any of them takeÌ or made at the next Gaole deliuery to be holdeÌ within the shire city borough or towne where their seuerall iurisdictions exteÌdeth vpon like paine and forf as is before limitted in this present act 14 Because Sherifs and others did in times past let to mainprise notorious and knowne théeues being taken and imprisoned for murder and other felonies S. 3. E. 1. 15. and such as be not mainpernable contrarie to the forme of a Statute made touching those which bee repleuisable and which not and thereby such malefactors as were not repleuisable were let to mainprise And for to deliuer them deceitfully before the comming of the Iustices in Eire or other assigned for their deliuerance they procured and suborned by themselues and by their friends Iurors of the countie some they threatened And so partly for feare of the Sherifs and others which did let them to baile and partly for feare of those felons which were so let to mainprise many robberies and homicides were hidden and concealed from the Iustices of Gaole deliuerie for the preuention whereof by a Stat. made anÌ 27. E. 1. An. 27. E. 1. 3. intituled the Stat. of fines leuied it was ordained That Iustices assigned to take assises in euery countie where they take assises presently after the assises taken shall remaine both together if they be Laie And if one of them be a Clerke then one of the most discréet knights of that county being associate vnto him by the kings writ shall deliuer the Gaole in that countie aswell within liberties as without of all the prisoners according to the vsuall forme of deliuering of Gaoles Bailement of offendors by Sherifes And then the same Iustices shall inquire which sherifs and others haue let to baile any prisoners that were not repleuisable or haue offended in any thing contrarie to the Stat. of West 1. and to punish and chasten them in euery respect according to the forme of the said Statute 15 And for the causes aforesaid it was ordained by the stat of anÌ 4. E. 3. St. 4. E. 3. 2 that good and discréet persons other than of the places if they may be found sufficient shal be assigned in all the counties of England to take assises Iuries and certifications and to deliuer the Gaoles And the same Iustices shall take the assises Iuries and certifications shall deliuer the Gaoles thrice in the yeare at the least and more often if néed be And
shal take an oath which is his abiuration The oath of abiuration in this manner viz. Heare you this Master Coroner Bracton Britton That I A.B. am a théefe of two beasts or a killer of a man and a felon of the kings of England and because I haue committed many offences and thefts in this Realme I doe abiure the Kingdome of our Soueraigne Lord King Iames And I must make haste towards the port of S. which thou hast giuen mee And I must not goe out of the high waie and if I doe then I yéeld to bee taken as a théefe and felon of our Soueraigne Lord the Kings at the port I will diligently séeke passage and will not tarrie there but one flowing and ebbing if I may haue passage And if I cannot haue passage in this time I will go euery day vp to the knées into the sea assaying to passe ouer And if I cannot do it within fourtie daies together I will returne to the Church as a thiefe and felon of our soueraigne Lord the King So helpe me God c. And notwithstaÌding the words of the said oath the offendor not the Coroner ought to make the election of the port whither he will goe where he will make his passage and he must make his abiuration at the dore of the Church-yard Fi. Cor. 407 Britton 11 He that doth abiure the Realme must haue vpon him but his coate The attire of an abiured person his shirt and his bréeches and his head shal be vncouered he must carrie a crosse in his hand which as Polidore saith is a token that his life is saued by religion and whatsoeuer he hath beside is forfeited to the King and neither the Coroner nor any of his seruants shall take any thing of the offendors for their fée St. 9. E. 2. 10 12 By the Statute of Lincolne made anÌ 9. E. 2. The vsing of persons abiured They they that abiure the Realme so long as they be in the high way shal be in the Kings peace and bée troubled of no man And whilest they be in the Church their kéepers shall not tarie in the Church-yard except necessitie or perill of escape doe require it and so long as they be in the Church they shall not be compelled to depart but may haue those things which be necessarie for their liuelihood and may go forth to discharge nature 7. H. 7. 7. Fi. Cor. 14 But if an abiured person be molested in the high way and drawne out of the way and imprisoned yet that will not excuse him when he is againe at libertie if he doe not within conuenient time after his libertie returne to the way leading him to the port or place whereunto vpon his abiuraration he made choice to goe But if he doe goe out of the high way vpon ignorance or to ease nature that shall not hurt him so that he doe returne to the high way in conuenient time or doe his good will to returne 13 After abiuration if the offendor doe any thing contrarie to his oath After abiuration broken death viz. contrary to his abiuration he shal be put to execution vnlesse he be a Clerke and in that case shal be saued from death by his Clergie because the Prelates and Clergie did complaine in Parliament that though a Clerke ought not to be iudged by a temporall Iudge nor any thing may be done against him that concerneth life or member neuerthelesse temporall Iudges caused Clerks flying vnto the Church and confessing their offences to abiure the Realme and for that cause admitted their abiurations although hereupon they cannot bée their Iudges and that so power was wrongfully giuen to Laie persons in the punishment of such Clerks And if such should chance after to returne into the Realme the said Prelates and Clergie desired such remedie to bee prouided therein that the immunitie or priuiledge of the Church may be preserued vnbroken St. 9. E. 2. 15 Vpon which request by a Stat. made anÌ 9. E. 2. intituled Articuli cleri it was enacted That a Clerke flying to the Church for felonie to obtaine the priuiledge of the Church shall not be compelled to abiure the realme but yéelding himselfe to the law of the realme shall enioy the priuiledge of the Church according to the laudible custome of the Realme heretofore vsed Which said Statute being but a rehersall restoring and confirmation of the common law is thought not to be repealed by the words of the foresaid stat of 1. Iac. ââ 1. Iac. 25. And so it appeareth by this stat that if he which doth flie to a Church will say that hée is a Clerke A Clerke need not abiure he shall not be compelled to abiure and if he doe abiure of his own good will and thereby doth lose his lands yet to saue him from execution hee shall haue his Clergie S. St. 28. H. 8. 1. Clergie 5. Where no felonie no abiuration for felonie 14 A maried wife béeing desirous to bee deliuered from her husband Fi. Cor. 425 did flie to a Church and acknowledged a felonie where she neuer had committed any felonie and desired to abiure and her husband vnderstanding of it came to her and then shée fled out of the Church and escaped and towne or person were amerced for this escape for there could no felon escape where no felonie was committed Neither can there be any abiuration where no felonie is committed And therefore an offendor cannot abiure for petit larcenie Br. Cor. 182 The abiured pleadeth that he is not the same person 15 He that doth abiure and is taken againe and arraigned Fi. Cor. 124 may plead that he is not the same person which did abiure and then that shal be tried by the Coroner who tooke his abiuration Or hee may plead the Kings pardon The Kings pardon granted to him of the felonie and abiuration 9. E. 4. 28. for if the pardon make no mention of the abiuration it is not good S. Pardon 7. A Recusant vsing conuenticles shall abiure the realm 16 By the statute of anÌ 35. El. it was ordained St. 35. El. 1 that if any person or persons aboue the age of sixtéene yeares which shall offend against the said Acte in persuading others to impugne the Quéenes Ecclesiasticall lawes shall not within thrée moneths after they shall be conuicted for their said offence conforme themselues to the obedience of the Lawes and Statutes of this Realme in comming to Church to heare diuine Seruice and in making such publike confession and submission as in the said Act is expressed béeing thereunto required by the Bishop of the Dioces or any Iustice of the Peace in the same countie where the said person shall happen to be or by the minister or Curat of the Parish In euery such case euery such offendor béeing thereunto warned or required by any such Iustice of
Peace of the same Countie where such offendors shall happen to be shall vpon his or their corporall Oath before the Iustices of the Peace in the open Quarter Sessions of the same Countie where such offendors shall then bée or at the Assises and Gaole Deliuerie of the same Countie before the Iustices of the same Assises and Gaole Deliuerie abiure the Realme of England and all other the Quéenes Dominions for euer vnlesse her Maiestie shall licence the parties to returne and thereupon shall depart out of the Realme at such Hauen or Port and within such time as shall in that behalfe be assigned and appointed by the said Iustices before whom such abiuration shal be made vnlesse the same offendor bée letted or staied by such lawfull and reasonable meanes or causes as by the common lawes of this Realme are permitted and allowed in cases of abiuration for felonie And in such cases of let or stay then within such reasonable and conuenient time after as the common law requireh in case of abiuration for felony as is aforesaid And the Iustices of peace before whom any such abiuration shall happen to be made as is aforesaid shall cause the same presently to be entered of Record before them and shall certifie the same to the Iustices of Assises and Gaole deliuerie of the said Countie at the next Assises or Gaole deliuerie to be holden in the same countie And if any such offendor which by the tenour and intent of this act is to be abiured as is aforesaid shall refuse to make such abiuration as is aforesaid or after such abiuration made shal not go to such hauen and within such time as is before appointed from thence depart out of this Realme according to this present act or after such his departure shall returne or come againe into any the Qu. Realmes or Dominions without her speciall licence in that behalfe first had and obtained Then in euery such case the person so offending shal be abiudged a felon and suffer as in case of felonie without benefit of Clergie If any person or persons that shal at any time offend against this act shall before he or they be so warned or required to make abiuration according to the tenour of this act repaire to some parish Church on some sonday or other festiuall day and then and there heare diuine seruice and at Seruice time before the Sermon or reading of the gospel make publike and open submission and declaration of his and their conformity to her Maiesties lawes and statutes as in this act is hereafter declared appointed That then the same offendor shall thereupon be cléerely discharged of and from all the penalties and punishments inflicted or imposed by this act for any of the offences aforesaid Prouided that no Popish Recusant or seme couert shal be compelled to abiure by vertue of this act Prouided also that euery person that shall abiure by force of this act or refuse to abiure being thereunto required as is aforesaid shal forfeit and loose to her Maiestie all his goods and cattels and all his lands tenements and hereditaments during his life only and no longer But his wife shal not loose her dower neither shall his blood bée corrupt S. Felonie by stat 9. 17 By a statute made anÌ 35. El. 2. St 35. El. 2. intituled an act for the restraining of Popish Recusants to some certaine place of abode it is ordained Popish Recusants shall abiure the Realme That Recusants not conforming themselues to the obedience of the lawes of this realme in comming to the Church to heare diuine seruice which shall not vpon the request of two Iustices of peace or Coroner of the same countie abiure the realm and depart for the same and not returne without the Queenes licence shal be adiudged felons and suffer and loose as in case of felonie without benefit of Clergie S. Fel. by St. 10. St. 3. E. 1. 10 18 By the stat of West 1. made anÌ 3. E. 1. it is enacted Abiuration of a Trespasser That he which committeth trespasse in parkes or ponds shall abiure if hee cannot find suretie no more to doe the like offence But that abiuration is not for felonie neither shal he forfeit his lands or goods Pleading not guiltie HAuing made mention of one of the pleas which a prisoner brought to the barre to be arraigned of Treason or Felonie doth plead viz. of the Confession of the offence and shewed how many sorts of Confessions of felonie the law doth take notice of by what meanes she doth procéed against the parties confessing I am now to treat of a second or one other plea that the prisoner vpon his arraignment doth plead in his own defence which is the plea of Not guiltie For when a prisoner by an appeale or an Inditement is charged with treason or felonie he may estrange himselfe from the offence if he will and ioyne the same issue which the defendant oft times doth in an action of trespasse some other personall actions viz. he may plead and take for his issue Not guiltie This plea of not guiltie is the most common and vsual plea Pleading not guilty the most common plea. that he which is arraigned of treason or felonie hath to plead vpon an inditement or an appeale and it is the plea whereunto euery person that is arraigned shall be enforced vnlesse it be in speciall cases viz. where he hath matter of Iustification or matter in Law to plead And this plea of Not guiltie doth tend to the fact that is to the felony and therefore it receiueth great fauour in Law 7. Ed. 4. 15. 4. H. 6. 15 4. H. 7. 5. 10. H. 4. 4. 9. H. 4. 2. for the Law doth allow this plea to him who is arraigned after he hath pleaded in abatement or barre of the appeale or inditement so that his barre doe not comprehend such matter as doth confesse the felonie as a Release of the appellant or the Kings pardoÌ And that plea he shall haue also though one of his pleas were matter in law for though those pleas doe require diuers trials 29. Ed. 3. 91. 22. E. 4. 39. 27. As p. 3 14. Ed. 4. 7 yet in fauour of life hee shall haue both those pleas as well as he shall haue when he doth plead matter triable by the Bishop or by Record viz. and moreouer not guiltie Which pleas he shall haue notwithstanding he doe not conclude moreouer not guiltie that is to say Pleading not guilty after other pleas he shall come time enough to plead not guiltie after the matter triable by the Bishop or by Record is found against him And the manner of pleading in all those cases is to plead his plea and to pray allowance thereof and ouer to the felonie not guiltie Vpon the plea of not guilty no couÌcel allowed 2 Vpon this plea of onely not guiltie the partie indited shall not haue couÌcell
1. H. 5. 10 Fit Chall ' 105. 38. Ass p. 22 doe challenge any of the Polles hee must shewe the cause vpon his Challenge which must be presently tried for that it is in a plea of the crowne wherein the king is a party 6 A man outlawed of Felonie An Outlaw of Felony shall haue his challenges vpon an Issue taken for the auoidance of the Felony Fi. Chall ' 153. 165. For though hée cannot challenge a worse man then himselfe béeing outlawed for Felony yet séeing it is in Issue to trie whether hee bee an Outlaw or not and by this tryall if it bée found for him to defeat the same Outlawry that opinion of him ought to bee holden in suspence vntill the said issue shall be tried against him 21. H. 6. 30. 14. H. 4. 19. 7 It is a good Challenge vpon cause to say that one of the Iurors is an Alien or a Villaine or an Outlaw A Iuror an alien villaine or outlaw for then hée is not Liber legalis homo For though an Alien borne hath dwelt in this Realme from his childhood and be sworne in a Léet or other Court to the Kings obedience yet he is not the Kings liege man for the Steward of a Léet nor any other can make an Alien Legalis homo but onely the King ⧠Euidence 1 WHen a prisoner is indicted of Treason or Felony hath pleaded not guilty is therupon arraigned and finished his challenges then euidence is to be giuen against him to proue him guilty which euery person shall bée admitted to doe for the king And because the euidence of those that tooke the said offendor with the manner did first accuse him or brought him before the Iustices of Peace to be examined of the supposed offence hath béene alwaies adiudged most pregnant and effectuall Therefore by a statute made Anno 1. 2. Ph. Ma. St. 1. 2. P. M. 13. it was ordayned That two Iustices of Peace at the least Euidence against an offeÌdor let to batle wherof one of them to be of the Quorum when any prisoner is brought before them for any manslaughter or felony before any bailement or mainprise shall take the examination of the said prisoner and information of them that bring him of the fact and circumstances thereof and the same or as much thereof as shal be materiall to proue the felony shall put in writing before they make the same bailement which said examination together with the said bailement the said Iustices shall certifie at the next generall Gaole deliuerie to bée holden within their Commission and that euery Coroner vpon any inquisition before him found whereby any person or persons shall bée indicted for murther or manslaughter or as accessorie or accessories to the same before the murther or manslaughter committed shall put in writing the effect of the euidence giuen to the Iury before him béeing materiall And as well the said Iustices as the said Coroner shall haue authority by this act to bind all such by Recognisance or Obligation as doe declare any thing materiall to proue the said murther or manslaughter offences or felonies or to bée accessories or accessories to the same as is aforesaid to appeare at the next generall Gaole deliuerie to bée holden within the County City or Towne corporat where the tryall thereof shall bée then and there to giue euidence against the party so indicted at the time of his triall and shall certifie as well the same euidence as such bond and bonds in writing as hée shall take together with the Inquisition or Indictment before him taken and found or before the time of his sayd tryall thereof to bée had or made And likewise the said Iustices shall certifie all and euery such bond taken before them in like manner as is before said of baylements and examination And in case any Iustice of peace or Quorum or Coroner shall offend in any thing contrary to the true intent and meaning of this act then the Iustices of Gaole deliuery of the Shire City Towne or Place where such offences shal happen to be committed vpon due proofe thereof by examination before them shall for euery such offence set such fine on euery such Iustice of Peace and Coroner as the same Iustices of Gaole deliuery shall thinke méet and shall estreat the same as other Fines and Amerciaments assessed before Iustices of Gaole deliuery ought to bee S. Mainprise 13. 2 Because the foresaid statute of 1. 2. Ph. Ma. 13. doth not extend to any such prisoners as shall be brought before any Iustice of Peace for Manslaughter or Felony and by such Iustice shall be committed to ward for the suspition of such Manslaughter or Felony and not bayled in which case the examination of such prisoner and of such as shall bring him is as necessary or rather more then where such prisoner shall be let to bayle For the reformation whereof St. 1. 2. P. M. 10. by a statute made Anno 2. 3. Ph. Ma. it was enacted That such Iusticâs or Iustice before whom any person shall bée brought Euidence against an offendor coÌmitted to prison for Manslaughter or Felony or for suspition thereof before he or they shall commit or send such prisoner to ward shall take the examination of such prisoner and information of those that bring him of the fact and circumstances thereof and the same or as much thereof as shall be materiall to prooue the Felony shall put in writing within two dayes after the said examination and the same shall certifie in such manner and forme and at such time as they should and ought to doe if such prisoner so committed or sent to ward had béene bayled or let to mainprise vpon such paine as in the said former act is limitted and appointed for not taking or not certifying such examinations as in the said former act is expressed And the said Iustices shall haue authority by this act to bind all such by Recognisance or Obligation as doe declare any thing materiall to proue the said Manslaughter or Felony against such prisoner as shall bee so committed to ward to appeare at the next generall Gaole deliuery to be holden within the County City or Towne corporat where the triall of the said Manslaughter or Felony shall be then and there to giue Euidence against the party And the said Iustices shall certifie the sayd bands taken before them in like manner as they should and ought to certifie the bands mentioned in the said former act vpon the paine as in the said former act is mentioned for not certifying such bands as by the said former act is limitted and appointed to be certified 3 And for that men should be the readier and more willing to giue Euidence against Robbers and other Felons Restitution vpon attainder by euideÌce by a statute made Anno 21. H. 8. St. 21. H. 8. 11 it
be graunted vpon an inquiry according to the stat of West 2. So that if the abettors be not distrainable the def in an appeal shal be without any remedy And further the damages which the abettors are to pay by force of the said statute of West 2. be the dammages that the defendant hath recouered against the appellant which dammages the abettors are to pay for the defendant or for his insufficiencie or nonabilitie and not for themselues And so it may be said that they may satisfie for themselues in a writ of Conspiracie to be brought against them or otherwise their offence shal be vnpunished Conspiracy maintenable vpon acquitall in an appeale or indictment And therefore notwithstanding the said statute of West 2. a Writ of Conspiracie doth lye at this day as well where the defendant is acquited vpon an appeale as where he is acquited vpon an Indictment And accordingly there is a Writ of Conspiracie in the Register deuised for that purpose 33. H. 6. 2. 40. Ed. 3. 42 22. As p. 39 14. H. 7. 2. amongst other Writs of Conspiracie But in an appeale founded vpon an indictment if the defendant be acquite vpon the appeale he shall not haue a Writ of Conspiracie because it cannot be intended to be founded vpon malice when it is founded vpon an Indictment And likewise if an Appeale be founded vpon an Indictment although the appellant be Non-sute after declaration and the defendant be arraigned and acquite at the Kings suit yet the defendant shall not haue a Writ of Conspiracy causa qua supra 3 He against whom a Writ of Conspiracie is to be brought The indictment must be false which giueth the writ of Conspiracy must be charged that he conspired with others to indict the plaintife falsely and maliciously without any good or lawfull cause 22. As p. 77 Fi. CoÌsp 21. 24. or els the Writ will not lye and therefore if by the conspiracie of two or moe one is indicted of Murther and vpon his arraignement it is found that he did kill the man in his owne defence or by misaduenture or by any other meanes which by the Law is iustifiable he shall not haue a Writ of Conspiracie for the Indictment was framed vpon good cause viz. the death of a man and neither vpon falsehood or malice and in like sort if he that is indicted or appealed of Felony doth purchase his Charter of Pardon thereof and pleadeth it he shall not haue a Writ of Conspiracie for by that pardon sued he doth in a sort confesse the committing of the felonie and so cléere the falshood or malice of any which did deuise to indite him And yet notwithstanding the obtaining of his pardon he may waiue it and plead not guiltie and then if he be acquit of the felonie he may haue his writ of conspiracie 11. H. 4. 40. 7. E. 6. Dyer 85. 28. H. 8. Dyer 28. But if the pardon be by act of Parliament he cannot waiue it for the Iustices ought to allow him his pardon without pleading of it if it be a generall pardon 33. H. 6. 2 4 If two be indited or appealed of felonie the one as principall A conspiracie doubtfull and the other as accessorie and the principall hath his charter of pardon or doth die before he be attainted the accessorie shall not haue a writ of conspiracie against the parties that sued the appeale or deuised to indite the principal and him for that it is not yet discussed but standeth indifferent whether the conspiracie were false or true 21. E. 3. 17 7. H. 4. 31. 27. Ass p. 12 30. Ass p. 21 22. Ass p. 77 5 If after a conspiracie for an inditement agréed vpon The conspirators doe become indictors to be preferred by two or more the same conspirators be sworne vpon an Enquest to enquire of felonies and they with the residue of the Enquest that be sworne with them do indict him of felony against whom they did before conspire in this case he shall not haue a Writ of Conspiracy against them because it cannot be intended false and malicious when they did it by vertue of their oathes and also did it with others besides themselues And the same Law is if after the conspirators be sworne vpon the Enquest of inquirie and haue spoken and conferred with their companions the Iustices shall remooue them from the Enquest yet in that they were once sworne and the conspiracie thereby discharged this remoouing them from the Enquest which commeth after 20. H. 6. 5. 35. shall not make them to bée againe in danger and charge of the Writ of Conspiracie And so it is of a Iustice of Peace A Iustice of peace he shall not be charged by a Writ of Conspiracy for any thing which he doth in open Sessions as a Iustice of Peace 27. Ass p. 12 12. E. 4. 18 21. E. 4. 67. 47. Ed. 3. 17. for he is a Iudge of record and sworne to execute his office duly and may informe for the kings benefit and to punish offendors as well as he can But the Law is méere contrary if one who is no Iustice of record doth it for he shal be charged by a Writ of Conspiracy if he do it with others And in like sort 35. H. 6. 14. 27. As p. 12 20. H. 6. 5. 9. H. 4. 11. 21. H. 7. Kel 81. if one doth come into the Court A giuer of Euidence and discouereth a felony and is sworn and doth giue euidence to the Enquest he shall not thereupon be charged in conspiracie if he doth not before conspire with others falsely and maliciously In a writ of Conspiracy the def pleaded that when the Iurors had taken their oathes vpon the indictment he was sworn to informe them But because an act done by him only without others cannot be said to be any conspiracy 35. H. 6. 14. 27. As p. 12 and so was no answer to that wherewith the plaintife charged him for that cause he wayued his plea and pleaded not guilty for he that is to be charged with a conspiracy must be charged in respect that he did it with others and falsely and maliciously Who be conspirators 6 And for that it might be knowne to all men whom the Law did construe to be conspirators and were worthy to be punished as conspirators Therefore there was a stat made AnÌ 33. Ed. 1. which defineth them in this manner viz. St. 33 E. 1. Conspirators be they which bind themselues by oath couenant or other alliance that euery one shall helpe and maintaine others purpose falsely and maliciously to indict or to moue and maintaine suites and also that cause infants to appeale others of felony whereby they are imprisoned and much grieued and such as retaine men in the country with liueries or fées to maintaine their leud enterprises and to subuert the truth as wel the takers as the giuers
47 Arresting vpon doubt of Manslaughter 48 A Iustice of peace his Warrant to arrest a felon 49 Arresting of an offendor and committing him to the Constable 50 Imprisonment vntill he had made an Obligation 51 The seruant not chargeable for the masters offence by imprisonment 52 No imprisonment by force of a Iusticies 53 Imprisonment by force of a warrant vpon a Supplicauit 54 Arresting him that would breake the peace 55 Imprisoning of a seruant that doth assault his master 56 In what cases imprisonment is lawfull and in what not 57 Imprisonment for offences done to the Iustices of the realme 58 What is maiheming 59 How many sorts there bee of maiheming 60 Examination of a maihem by the Iustices or Surgeons 61 Where diuers appeales of maihem for one offence 62 Principall and Accessarie in maihem The iudgement in an appeale of maihem 63 Mainprise in an appeale of maihem 64 Why maihem is supposed to be done feloniously 65 Barres in an appeale of maihem 66 Execution in an appeale of maihem 67 An action of Trespas maintenable after an appeale of maihem 68 The peace preserued and affraies restrained by Iustices of Peace The commission of the peace 69 The coÌmission doth chiefely respect the peace Why they be called Iustices of the peace Binding suspected persons to their good behauior 70 A Iustice of Peace may take surety of the peace What the surety of the Peace is Certificat of a Recognisance The surety of good abearing 71 For whom and against whoÌ the surety of Peace is to be graunted 72 Vpon what causes the surety of peace is to be graunted 73 Surety of peace enioined by word or writing 74 The seruing of Proces for the peace A warrant of the peace Who may serue it without writing and who without shewing it and who not Refusing to obey the warrant 75 To which Iustice of Peace the party arrested is to be brought 76 A warrant to find sureties to keepe the peace The party must offer his sureties 77 Surety of Peace doth dye with the king The Iustices authority dyeth with the king 78 The sureties of the Peace must be named 79 Hee that is bound to the Peace must appeare at a day prefixed 80 A Supersedeas for the peace 81 Taking a Recognisance for the keeping of the peace Taking a Recognisance for the good abearing 82 A Release of the suretie of Peace The parties release of the peace The Iustices Release of the Peace 83 Causes of the breach of the Peace or good abearing 84 The Sherife Constable and seuerall other officers be conseruators of the Peace 85 Euery able person when need requireth must be a conseruator of the Peace 86 Menaces Assaults Batteries c. in some cases are punishable in the Starre-chamber Riots Routs vnlawfull and Rebellious Assemblies Fol. 24. 1 The enormity of Riots Statutes ordained to preuent forces or Riots 2 The Court of Star-chamber authority to punish Riots c. 3 What is a Riot 4 What is an vnlawfull assembly 5 What is a Rout. Rout by wearing of armour 6 Lawfull assemblies of three persons or more An assembly lawfully begun doth end riotously 7 Disturbing of Riotors 8 The Iustices and Shirifes c. shall arrest Riotors Recording of a Riot 9 Inquiry of a Riot by the Iustices c. A Precept to the Shirife to returne a Iury to inquire of a Riot The forme of an inquisition of a Riot 10 Certifying of a Riot Trauerse of a Certificat 11 Proces against offendors 12 The forfeiture of Iustices which doe not inquire of Riots 13 A Commission to inquire of the Iustices c. default 14 Vpon the Commission the Coroner shall returne the Iurie What issues shal be returned vpon the Iurors 15 Where the Sherife shall returne the Iury and not the Coroner 16 A Writ directed to inquire of Riots 17 Riots shal be inquired of at the Kings costs 18 The punishment of Riotors 19 Each man shall helpe to represse Riots 20 Baylifes of Franchises Riots in Cities and Townes corporat 21 A Iury to inquire of Riots 22 Maintenance wherby a riot is not found 23 What one Iustice of Peace may do alone in a Riot 24 The Iustices must haue notice of a Riot 25 The parties agreement no discharge of the inquisition of a Riot 26 What power of the Countie the Iustices shall vse to represse Riots 27 The Iustices record of a Riot where no trauerse thereunto 28 The credit of the Iustices Record Certificat of a Riot 29 The proces against Riotors 30 The penalty for not executing of this statute 31 A trauerse to an indictment of Riot 32 Twelue or aboue assembled to change lawes 33 Practising to destroy Parks Ponds Conduits Common or Way Destroying of Deere Conies Douehouses Fish Pulling downe houses burning stackes of corne c. 34 Raising of vnlawfull assemblies by acts or words 35 Relieuing them which bee assembled 36 Vnlawfull assemblies aboue two and vnder twelue The remedy of the party grieued 37 Raising of power to suppresse vnlawfull assemblies 38 A copiholder being required refuseth to serue the king 39 A farmer required refuseth to serue 40 Disclosing a commotion wherein one is moued 41 An able person required refuseth to serue 42 Attendance vpon a Lieutenant 43 The forme of the Proclamation 44 Hinderance of the Proclamation 45 Other mens rights saued 46 Procuring others to offend 47 Vnlawfull assemblies by xl or aboue 48 A Lieutenant shall not appoint a deputie 49 Aiding of the offendor before the offence 50 The attainder of those offences no corruption of blood Force and Forcible Entries Fol. 34. 1 Vnlawfull force is an enemie to peace There shall be no forcible entry into lands 2 The penalty of forcible entry into lands or benefices 3 Holding possession by force Feoffement of lands for maintenance An Assise or action of Trespas against a disseisor by force The authority of officers in Cities and Towns enfranchised touching force 4 A speciall Assise against a disseisor with force 5 Seuerall remedies for seuerall offences by force 6 A Precept to the Sherife to impanell a Iury. The Shirifes forfeiture for not due executing of a Precept The proces against offendors in force 7 The forme of a Precept to the shirife to impanell a Iury. 8 The forme of an inquisition of forcible entry 9 A warrant to the Shirife to make restitution 10 Restitution awarded out of the Kings bench 11 No restitution but where forces is found by inquisition 12 Where no restitution against three yeares possession Where restitution notwithstanding three yeares possession 13 A Supersedeas to stay restitution 14 Where force found and yet no restitution 15 A Mittimus to send to the Gaole such as doe hold land by force 16 A Iustice may enquire of Forcible Entries without complaint 17 In an action of forcible entry the writ must be Vi armis 18 Who may bring an action of Forcible entry 19 He that hath title entereth by force 20 Hee that
any other priuat person who intrudeth himselfe without warrant to be a censor of manners rather séeketh the discredite of the partie then the reformation of his faults for this secreat searching into sifting of other mens conditions dyuing into their offences divulging them to their discredites doth conuince the offendor to be a man of lewde disposition to haue made shipwracke of his conscience doth brand him during his life with the name of an infamous Libeller or slaunderous backbiter And therefore by Gods owne commandement it is specially giuen in charge to euery of his people Non maledices principi populi tui Non fasias calumniam proximo tuo Psal 100. And king Dauid saith Detrahentem secreto proximo suo hunc persequebar And God doth threaten that he himselfe will take reuenge of the slaunderer Psal 49. saying Sedens aduersus fratrem tuum loquebaris aduersus filium matris tuae ponebas scandalum haec fecisti tacui exictimasti inique quod ero tui similis sed arguam te et statuam contra faciem tuam And as infamous libelling secret defaming be oft times the causes of grudges séeking of reuenge and thereby of quarrels in like sort words of slaunder or spéeches of disgrace openly published to the face of an other or behind his backe be also firebrands of variance dissention fighting and the shedding of bloud and so be speciall meanes of the breach of the peace Action vpon the case for slaunder is contra pacem As it may partly appeare by the words of the kings writ alwayes inserted in an action vpon the case brought by one person against an other for speaking of slaunderous words in which writ it is supposed that the words were spoken Ad graue damnum ipsius querentis contra pacem nostram And the same is further proued by the words of the statute of AnÌ 2. St. 2. R. 2. 5. R. 2. whereby it is ordeined That because publishing of false newes tales and lyes of Prelates Dukes Earles Barons Slaundering of Noble men or great Officers other noble and great men of the Realme or of the Chauncellor Treasorer Clerke of the priuie Seale Steward of the Kings house Iustice of the one Bench or of the other or of other great Officers of the Realme debate discord or matter of discord or slaunder may rise betwéene the Lords commons whereof great perill may come to the Realme and spéedy subuersion destruction of the same therefore it was enacted by the said statute That if any do commit the before specified offence he shall be taken imprisoned according to the statute of WestmÌ 1. St. 3. E. 1. 34. vntill he hath brought forth him which did speake the same St. 12. R. 2. 41. And further by an other statute made AnÌ 2. R. 2. it was moreouer enacted That when the said offendor is taken imprisoned and can not find him that spake the words then he shall be punished by the aduise of the Councell And to the intent that such euill disposed persons which by their lewde spéeches slaunderous words or reports do indeuor to breake or disquiet the peace of the Realme Sta. 1. 2. P. M. 3. might the sooner be inquired of found out punished By a stat made AnÌ 1. 2. P. M. it was further established That the Iustices of peace in euery shire citie towne corporat within the limits of their seuerall commissions shall haue full power to examin heare determine the causes abouesaid in the said 2. acts of 3. E. 1. 2. R. 2. specified to put the said 2. stat euery branch in them conteyned in due execution that condigne punishment be not deferred from such offendors And besides the before mentioned penalties assigned to be inflicted vpon transgressors by the foresaid stat euery noble man or great officer of the realme against whom any scandalous words 11. El. Dy. 285. Co. li. 4. 12. false newes or lies be spoken may prosecute against the offendor an action De scandalis magnatuÌ recouer damages against him And in like sort may euery inferior person for any such like words of infamie spoken against him pursue an action vpon his case against the offeÌdor recouer his damages And further if one person shall exhibit a bill in the Starre chamber against an other amongst other things charge him with murder piracy robbery or other felony or to be a procurer thereof or accessory thereunto or with any other offence which is not examinable in the said court the defendaÌt in the said bil may prosecute against the complainant therein an action vpon the case recouer his damages for this bil was exhibited of malice by the complainant to remaine of record in the said court to the infamie slander of the defendant not to punish him for the said offences suggested in the saÌe bil by a course of justice séeing the court of Starre chamber hath no authoritie to inquire of or punish the same offences But if the complainant doth suggest in his said bill of complaint any matter against the defendant which is examinable in the said court then no action vpon the case is maintenable against him by the defendant therefore though the matter surmised be méerely false for it is done in a course of justice Et sub iudice lis est whether the matters suggested be true or false vntil they be proued And in former ages spéeches teÌding to the reproch of others were so odious that K. Edgar ordeined that his tongue should be cut out which did speake any infamous or slaunderous words of an other Edg. Lex 4. But though it be true as is aforesaid that infamous libels secret defamations or publick slanders or reproches be oft times more offensiue to the party taxed therby then open menaces and threates of violence are Yet séeing for the most part menaces springing out of distemperat cholericke humors do more hastilie break forth into further fury extremities tending to the breach of the peace then libelling secret defamation doe which must haue a breathing time to be inquired of bolted forth and then to be punished Therefore I will omit to write any further of libelling or defamation goe forward with menaces c. tota sequela sua 2 Menaces assaults batteries be things of seuerall natures yet for the most part they tend to one effect viz. to hurt him against whom they are bent menacing is a threatening of some hurt to be done or procured by the speaker or some other by his meanes to the person of the hearer or his wife seruant tenant or other The differeÌce of menace assault and battery whereby he receiueth losse or hurt Assault is an attempt to execute the thing menaced by force violence Battery is the performing of the thing before threatened viz. the beating
the said Chauncellor for the King or any other against any person for any misbehauing by vnlawfull maintenances giuing of liueries signes and tokens retainers by Indentures oathes writings or otherwise embracery of the Kings subiects vntrue demeanings of Shirifes in making of pannels and other vntrue returnes by taking of money by iniuries by great Riots and vnlawfull assemblies haue authority to cal before them by writ or by priuy seale the said misdooers and they and other by their discretion by whom the truth may be knowne to examine and such as they finde therein defectiue to punish them according to their demerits after the forme and effect of the Statutes thereof made in like manner and forme as they should or ought to be punished if they were thereof conuict after the due order of the law And though the Iustices of peace doe assesse a fine in the Country vpon some that haue committed a Riot there yet the Lords in the Starre chamber may assesse vpon the said offendrs for the same Riot a greater penalty if they sée cause for in this case the offendors be not twice punished for one offence but part of the due punishment is inflicted at one time and part at another And the Lords doe sufficiently punish an offence which was but remisly done by the Iustices 3 A Riot is where thrée persons or aboue do assemble themselues together to the intent to beate or maihem a man to pul downe a house wall pale What is a Riot hedge or ditch wrongfully to claime or take common or way in a ground to destroy any parke warren douehouse pond poole barne mill or stacke of corne or to doe any other vnlawfull act with force and violence and against the peace and they doe it If a man goe abroade with his houshold seruants which he hath commonly of his owne familie though they be more then his abilitie or degrée is to maintaine and doth make a fray by the way this is no Riot vnlesse the Master did before make his seruants priuy that hée meant to make an affray for it is no riot except there be an intent before to doe some violence and hurt If thrée foure or more doe enter into landes with force vppon the possession of an other though their entrie be lawfull yet is it a Riot St. 5. R. 2. 7. for the Statute of Anno 5. Richard 2. doth prohibite entrie into Landes and Tenements with force or a multitude of people 4 An vnlawfull assembly is where thrée persons or aboue What is an vnlawfull assembly doe assemble themselues together to the intent to doe any of the Actes aforesaide or any other such vnlawfull act with force and violence against the Peace although they doe it not indéede but after their assemblie they departe by their owne consent vpon some feare conceiued or other cause without dooing of any outrage for their intent of assembling was vnlawfull though the act subsequent did not ensue according to the same 5 A Route is where thrée persons or aboue doe assemble themselues What is a Rout. for the reuenge of their owne common quarrell As if the Inhabitants of a Towne doe assemble together to pull downe a house wall pale ditch or other inclosure of a parke pasture or close or the head of a poole where they wrongfully pretend to haue title of common or a way or to beate or maihem one man or more that haue done to them all some publike offence If they once méete 17. Ed. 4. 4 procéede and goe forward towardes the execution of any of the Actes aforesaide and doe shew by Armour Gesture or Spéech that they meane to doe any violence or to terrifie or feare any of the Kings people it is a Rout whether they put their intended purpose in execution or not But if a Maior and Aldermen or Bayliffe and Burgesses or the fellowes of any societie doe assemble in their common quarrell and make a Riot Rout or Vnlawfull assembly this shall be punished in their owne priuate naturall persons and not in the body politike for it was their priuate persons that assembled to offend the Lawe and not the bodie politike If a man goe to the Sessions Market Faire Rout by wearing of Armour or other assemblie of company with his seruants in Harnesse though he hath no intent to fight or to commit any Riot yet this is a Rout by the manner of his comming and is contrary to the Statute of 2. St. 2. Ed. 3. 3 Edw. 3. which hath ordained That no man shall bring any force in affray of the peace nor shall go armed in faires markets or elsewhere vpon paine of imprisonment and forfeiture of his Armour Lawfull assemblies of thrée persons or more 6 An Assembly of thrée persons or more which is not to the terrour of the people nor to doe some Act with force and violence against the peace is not vnlawfull nor prohibited by any of the Statutes before mentioned The watch in London vpon Midsummer night is lawfull and so be such like in other Cities and Townes Assemblies be lawfull that be vsed vppon Maie day to fetch in Maie boughs or floures and so be assemblies at Church-Ales Whitson or Midsummer-Ales Assemblies at the fetching home setting vp or dauncing about a Maie-pole and assemblies at the bayting of a Bull or Beare or at the mowing or making of Dole or Reuell meade and assemblies of Minstrells and their fellowes at certaine places and times of the yéere allowed by old and ancient customes are also lawfull And Assemblies to play at Cardes Tables Bowles Clash Bucklers Wasters halfe Sword Tennis Quoits Cailes or such other games be likewise by the common lawe tollerable though some of the same games be prohibited vpon some penalties by Statute to be vsed by some persons and assemblies to runne at Quintall Sand bagge Base Footeball Stooleball Handball St. 33. H. 8. 9 or such like disports be also lawfull For these assemblies be not made with the intent to breake or disturbe the Peace or to offer violence force or hurt to the person of any but either to trie Actiuity or to increase societie amitie and neighbourly friendship And if in any of the said assemblies any of the parties the same shall make a fray with a stranger that is no Riot neither doth it make the residue of the same company Riotors who came thither for their disports and not to any euill or vnlawfull intent But if any of the same company shall fall out with a stranger or some others of their owne associates and then some of them doe take one parte and some of them another An Assembly lawfully begunne doth end riotously whereby a Riot is committed then so many of both sides as shall take sides and be parties to that quarrell shall be adiudged Riotors but not the residue for the Riot did not take his beginning at the first méeting when they did all
take into his or their hands or possessions all such copie customarie holds so holden of theÌ or any of theÌ immediatly to retain the same during only the life of such offeÌdor or offendors in such maner as he or they should haue had the rents or seruices of such copy or customary hold in case such person or persons so refusing had not refused A farmer required refuseth to serue 39 All euery farmer being a yeoman husbandman artificer or labourer 1. M. 12. beeing of the age of xviij yeares or more vnder the age of lx years not sick impotent lame maihemed nor hauing any other reasonable excuse or cause to the contrary being required by the sherife Iustice or Iustices of peace or other hauing authoritie by this act or by commissioÌ or letters c. they declaring their said authoritie or being required by their said Landlord or Landlords for the time being to whom the rents of such farmes shal be then rising growing or comming to serue the king for any the causes aboue rehearsed and refuse so to doe shall during only the life of such farmer or farmers so refusing forfeit and loose to such Landlord and Landlords as should haue had the rents of such farmer during the life liues of such person persons so refusing all their said farmes And it shal be lawfull to euery such Landlord c. their heires and assignes to whom the rents of such farmes should haue bin due during the life of such person or persons so refusing in case he or they had not refused to enter take into his or their hands or possessioÌ al such farms to retain the same only during the life of euery such offeÌdor or offendors But after the death expiration or determinatioÌ of the interest or terme of yeares of euery such copyholder customary holder or farmer as so shal offeÌd forfeit any of the said copi-holds customary holds or farmes as is aforesaid theÌ euery such person as should or ought to haue had the copy holds customary holds or farmes after or by the death expiration or determination of the interest or terme of years of such copie-holder customarie holder or farmer in case such copie-holder customarie holder or farmer had not so offended ne forfeited shall and may haue the same copie-hold customarie holds and farmes by entrie action admission or otherwise in like manner forme and condition and by such meanes as they and euery of them should might or ought to haue had if no such forfeiture or offence had bin had done or committed 40 If any person shal be spoken vnto moued 1. M. 12. or stirred to make any coÌmotion Disclosing a commotion when one is moued insurrection or vnlawfull assembly for any of the intents aboue meÌtioned and doe not within 24. houres next after he shal be spoken vnto moued or stirred vnlesse he haue good and reasonable cause of excuse declare the same vnto one Iustice of the peace or Sherife of the said countie or to the Mayor Sherifes Bailifes or other head officers of any citie or town corporat where such commotion c. shall be had he shall suffer imprisonment by the space of thrée moneths without baile or mainprise vnlesse he shall be discharged by 3. Iustices of peace whereof one to bee of the Quorum of the same shire where the offence shall be committed 1. M 12. 41 If any person béeing aboue the age of eightéene yeares An able person required refuseth to serue and vnder the age of thréescore beeing able to serue and not sicke lame or impotent shall be required by any Iustice of peace or any Sherife of any Countie where any such assembly shall be or by any Mayor Bailife or other head Officer of any citie borough or towne corporat or by any other by the commandement of any such Iustice Sherife Maior c. to goe with him or them to suppresse the persons vnlawfully assembled in manner and forme aforesaid then euery person which so béeing able and required doth willingly and obstinately refuse so to doe shall suffer imprisonment for one whole yeare without baile or mainprise 1. M. 12. 42 If the King shall by his Letters patents make any Lieutenant in any Countie or Counties of this Realme Attendance vpon a lieutenant for the suppressing of any commotion rebellion or vnlawfull assemblie then as well all Iustices of peace and the Sherife and Sherifes of the same as all Maiors Baylifes and other head officers and all inhabitants and subiects of any Countie Citie Borough or towne corporat within euery such Countie shall vpon declaration of the said Letters patents and request made bee bound to giue attendance vpon the same Lieutenant to suppresse any commotion rebellion or vnlawfull assemblie vnlesse hee so required haue any reasonable excuse for his not attendance vpon paine of imprisonment for one whole yeare 1. M. 12. 43 The order and forme of the Proclamation that shall be made by the authoritie of this Act shal be as hereafter followeth The forme of the Proclamation or with the like order and words in effect viz. The Iustices or other persons authorized by this Act to make the said Proclamation shall make or cause to be made an Oyes and after that shall openly pronounce or cause to be pronounced these wordes or to the like effect The King our Soueraigne Lord chargeth and commandeth al persons being assembled immediately to disperse themselues and peaceably to depart to their habitations or their lawfull businesse vpon the paine contained in the act lately made against vnlawfull and rebellious assemblies And God saue the King 1. M. 12. 44 If any person or persons doe or shal molest let hinder Hinderance of the Proclamation or hurt any person or persons that shall proclaime or go to proclaime according to the proclamation and order aforesaid whereby such proclamation shal not be made then euery such person so molesting or hurting c. and hauing knowledge of his message shall incurre such daunger and suffer such paines and forfeitures the persons assembled to whom the proclamation should haue beene made should by this Act incurre for not obeying the Proclamation if it had béene made or for doing after the Proclamation of any the things before expressed And also all such persons beeing assembled to the number aforesaid to attempt or doe any the things aforesaid to whom Proclamation should or ought to haue beene made if the same had not beene let shall likewise in case they doe after put in vre and doe any the things aforesaid hauing any wayes knowledge of the let so made or by any meanes procuring the same let incurre like danger and suffer like paines and forfeitures aforesaid in euery their degrees as though the proclamation had beene made any clause article c. in this Act c. notwithstanding Other mens right saued 45 All
land without interruption 22. H. 6. 18. Fitz. Na. B. 249. he may kéepe his possession by force against all others And he is neither to be remoued from his possession by a Iust of peace though it be found by inquisition that he held that land by force nor yet by an action of Forcible entry brought against him vpon the said statute of 8. H. 6. Otherwise it is of a disseisor where restitution notwithstanding three yeares possession or of a man that commeth to land by a wrongful and vnlawfull title for if he hath detained the land by force thrée yeares 14. H. 7. 28. or twenty yeares he may be indited by vertue of the statute of 8. H. 6. before a Iustice of peace of forcible detaining of the same land and that being found the said Iustice of peace is to reseise the land and to award restitution to the party disseised or expelled thereof And also the same disseisor shall make fine and ransome to the King cui nullum tempus occurrit whose peace is brokeÌ by this long and vnlawfull detaining of the possession of another mans land by force But the party disseised expelled or kept out of possession cannot in this case maintaine an action of Forcible entry vpon the said statute of 8. H. 6. against the said disseisor séeing he hath omitted his time suffered the disseisor to gaine of him thrée yeares possession therby the benefit of the same prouiso contained in the said statute of 8. H. 6. 13 If a man who hath made an Entry vpon the possession of another of any lands or tenements by force or doth hold lands by force 1. R. 3. 4. after a peaceably entry made doe doubt that he shal be thereof indited before a Iustice of peace vpon the statute of 8. H. 6. and that restitution will be thereupon awarded he may haue a Certiorari out of the Kings Bench ready and when the Bill of Indictment is found he may presently deliuer it to the court and that shal be a Supersedeas to stay Restitution A Supersedeas to stay restitution for that by this Certiorari the indictment shal be remoued And though the indictment be found after the Teste of the writ of Certiorari it is not materiall for they be both the Kings Courts And when an indictment vpon the said statute of 8. H. 6. 2. 3. P. M. Dy. 122. is remoued into the kings Bench and that the party indited doth tender to trauerse the same the Iustices of the same Bench may graunt or stay restitution at their discretion according as the truth of the Title shall appeare to them But if a speciall sessions be procured to inquire of a Forcible entry or detaining of possession according to the said statute of 8. H. 6. and the Iustices to whom complaint is made do repaire to the place supposed to be entred vpon or holden with force 2. 3. P. M. Dy. 187. and doe sée the same according to the said statute after they do inquire thereof and that is found and thereupon they graunt restitution no other Iustice of peace can graunt a Supersedeas to stay the same restitution for by the said statute no other Iustice hath authority to graunt restitution but he or they to whom the complaint is made and before whom the force is found the writ shal be graunted vnder the Teste of one of them onely sauing the Iustices of the K. Bench who haue supreme authority and where the law doth intend that the King himselfe doth sit 14 Whereas the words of the foresaid statute of 8. H. 6. be Sta. 8. H. 6. 9. If it be found before any of the Iustices or Iustice of peace that any doth contrary to this statute viz. enter vpon or hold lands with force then the said Iustices or Iustice shall cause the lands or tenements so entred or holden to be reseised and shall put the party so put out in full possession of the same landes or tenements so entred or holden as before they were entred or holden And therefore if the father be put out of possession of lands by force and dieth before or after inquisition thereof his heire shall not haue restitution thereof vpon the said statute of 8. H. 6. for that he was not the same person which was put out And the same Law is if after the death of the father Where force found and no restitution dying seised of certaine lands a stranger doth abate and holdeth the same lands by force against his heire before he had gotten any possession indéed and that force is found before a Iustice of peace by an inquisition the same heire shall not haue restitution by the words of the said statute for that the same heire had but a possession in law and was not in actuall possession of that land neither is hée that party who was put out And so it is if tenant for terme of yéeres of certaine lands be put out of his terme by force and die though after his death the force he fâund by inquisition taken by a Iustice of peace his executors shall not be restored to the possession of that land by the same Iustice of peace causa qua supra But yet in the cases aforesaid the offendor shall be punished by imprisonment fine to the K. for by his forcible entry he hath broken the peace St. 15. R. 2. 2. 15 Whereas by the before rehearsed statute of 15. Rich. 2. it is ordayned That when any forcible entry shal be made into lands and complaint thereof come to a Iustice of peace he shall go to the place where the entry was made and if he find any that hold any such place forcibly after such entry made they shal be taken and put into the Gaole c. The forme of which Iustice of peace Mittimus whereby he shall send the same offendors to the Gaole is this viz. Francis Fortescue knight Buck. A Mittimus to send to the gaole such as do hold land by force one of the Iustices of peace of our Soueraigne Lord the King within the county of Buckingham to the keeper of his Ma. Gaole in Aylesbury in the said county and to his deputie and deputies there and to euery of them greeting Vpon complaint made to me by A. B. of Whaddon in the said county husbandman that C. D. E. F. of S. in the said county labourers and other malefactors and disturbers of the Kings peace had forcibly and with strong hand entred into his house c. in Whaddon aforesaid and him expulsed the same yet held with force I went this present day to the said house and there found the said C. D. E. F. holding the said house c. with swords and bucklers bils and staues to the great disturbance of his Ma. peace and against the forme of the said statute in that behalfe ordained And therefore I send you
shall haue like Proces vpon the same as in cases of trespas at the common law Or may at his pleasure take his suite against any such offendors in any the premisses by Bill in the Kinges Bench or in the Exchequer In which sutes no Essoine Iniunction or Protection shall be allowed for the party Defendant Not twice impeached for one offence 6 If the Defendant shall be conuict for any of the offences aforesaid St. 5. Eli. 14. according to the order and forme aboue limited and shall haue receiued thereupon punishment corporall according to this Act then he shall not eftsoones be impeached for the same offence The plaintifs release shal only discharge his owne remedy 7 Although the partie or parties plaintife in any such Action St. 5. Eli. 14. or Bill to be sued as is aforesaid shall after verdict past against the Defendant or Defendants happen to release or discharge the iudgement or execution vpon the same or otherwise suffer the same to be discontinued yet neuerthelesse the same release discharge or discontinuance shall extend onely to discharge such costs and dammages as the same plaintife should haue had against the defendant And the Iudges before whom the said action or suite shall be taken shall and may prrcéede to iudgement of and vpon the residue of the said penalties and forfeitures and commaund execution vpon the same the saide release discontinuance or other discharge had made done or suffered by the partie plaintife in any wise notwithstanding 8 If any person or persons being hereafter conuicted St. 5. Eli. 14. or condemned of any of the offences aforesaid by any of the wayes or meanes aboue limited shall after any such his or their conuiction or condemnation eftsoones commit or perpetrate any of the said offences in forme aforesaide The punishment for the second offence Then euery such second offence or offences shall be adiudged felony and the parties being conuicted or attainted according to the lawes of this Realme shall suffer paines of death losse and forfeiture of their goods cattels lands and Tenements as in cases of felony by the common lawes of this Realme ought to be lost or forfeited The right of others saued without hauing any aduantage or benefit of Clergie or Sanctuarie Sauing to euery person and persons body politique and corporate their heires and successors other than the said offendors and such as claime to their vses all such rights titles interests possessions liberties of distresses leases rents reuersions offices and other profits and aduantages which they or any of them shall haue at the time of such conuiction or attainder of in or to any the lands tenements or hereditaments of any such person so as is aforesaid conuicted or attainted or at any time before in as large ample maner to all intents and purposes as if this Act had neuer bin made Prouided alwayes that any such conuiction or attainder of felony as is aforesaid No forfeiture of Dower or corruption of blood or any forfeiture by reason of the same shall not in any wise extend to take away the dower of the wife of any such person attainted nor to the corruption of blood or disherison of any the heire or heires of any such person or persons so attainted This Act or any thing therein contained or any other statute law or custome notwithstanding 9 All and euery Iustices of Oire and Determiner St. 5. Eli. 14 and Iustices of Assise Iustices of Oire and Determiner and Iustices of Assise in their circuits and euery of them shall haue full power and authoritie in euery of their open and generall Sessions to inquire heare and determine of all and euery of the offences aforesaid committed or done within the limits of their Commission and to make Processe for the execution of the same as they may do against any person beeing indicted before them of Trespasse or lawfully conuicted thereof Stat. 5. El. 14 10 If any person or persons whatsoeuer hath of his or their owne head Forging of deeds before the statute or by false conspiracie or fraud with any other wittingly subtilly and falsly forged or made or shall before the first day of Iune next comming forge and make any false déed charter or writing sealed or the will of any person in writing or any court roll to the intent that the estate of Freehold or inheritance or the right title or interest of inheritance or freehold of any persons of in or to any Mannors lands tenements or hereditaments being freehold or copihold Or that by any such forged déed charter court roll or writing before the said first day of Iune shall or may be molested troubled or defeated of any of the said estates of any lands tenements or hereditaments being fréehold or Copihold Or if any person or persons haue heretofore published or shewed foorth in euidence or before the said first day of Iune shall publish or shew in euidence for the proofe of any title any false and forged déed charter writing will or Court Roll as true knowing the same to be false and forged as aforesaid to the intent aboue remembred and shall be thereof attainted or conuicted according to the order of the law either in an Action of forger of false faits or in an Action vpon the case at the sute of the party grieued his heirs executors or assignes Then the party so conuicted shall yielde and pay dammages and costs of sute to the plaintife as shall be assessed according to the law of the Realme in any such like Action or sute and shall suffer imprisonment and pay fine and ransome at the pleasure of the Quéene her heires or Successors Pleading a forged deed made before the statute And if any person or persons shall after the said first day of Iune next comming pleade publish or shew foorth in euidence or otherwise for the proofe of any title any false and forged déed charter writing will or Court Roll heretofore falsly made and forged or to be falsly made and forged before the said first day of Iune as true knowing the same to be false and forged to the intent to haue or claime thereby any estate of inheritance fréehold or lease of yeares in or to any mannors lands tenements or hereditaments or any annuitie rent or profit foorth of any mannors lands tenements or hereditaments Or to the intent to alter defeate molest trouble charge or recouer the estate of inheritance fréehold or lease for years of any person in any mannors lands tenements rents or hereditaments Then euery person and persons that so shall offend and shall be thereof conuicted in forme first aboue remembred shall pay vnto the partie grieued double costs and dammages and shall haue imprisonment losse of Eares slitting and searing of Nose and forfeiture of lands in the same maner and forme as aboue is limited for any person that shall offend by forging or publishing of any
thing and things in all points as other Iustices of Assise in their circuits or Iustices of peace in the Counties by vertue of this Act be limited and appointed to do and execute for the punishment and correction of like offendors as beforesaid is limited Sauing to the partie grieued by such deceit such remedie by way of action The remedie of the partie grieued or otherwise of for the same money goods cattels iewels or other things so obtained as he might haue had if this Act had neuer bin made Any thing in this Act c. notwithstanding 26 Forgerie of writings hath béene alwayes so hatefull in this realme that our law-makers haue pursued the practisers therof with sharpe and bitter punishment though in some cases the same was not put in vse to molest or euict any man of his land lease annuitie debt account action suit or other demaund nor to get into his hands any others goods cattels or iewels but only to escape the ordinance and censure of the law As by a statute made anno 5. Eliz. it is established St. 5. El. 7. That no person retained in husbandry or in certain inferior arts or faculties in the said statute mentioned shal depart out of one citie towne or parish into another nor out of the Lathe Rape Wapentake or Hundred nor out of the County or Shire where he last serued to serue in another Citie Towne Forging of a testimoniall c. vnlesse he haue a Testimoniall of the said Citie or town corporat from whence he departed or of the Constable or other officer c. And if any such person shall be taken with any counterfeit or forged testimoniall then he shal be whipped as a vagabond ⧠Periurie Subornation of witnesses Truth tried by the othes of men 1 THe Law of the Realme desirous to trie out truth in all causes called in question before her to the end she might procéed in iudgement and execute iustice accordingly hath in all ages prooued it to bee the best meanes to search out this truth by the othes of honest lawful and indifferent persons intending that the man who doth professe God to bee his Creator Redéemer and Sanctifier and hopeth to be saued by his blood when hee doth come in the presence of that God and his people and doth aduisely sweare that he will declare the trueth according to his knowledge in that matter in question as God shall help him which is to say as he will expect the blessing of God in this life and eternall saluation in the life to come is void of all partialitie and priuat affection in all respects to be credited and will tell the whole truth and nothing but the truth And therefore an othe is aptly termed Sacramentum a holy band or sacred tie or godly vow The credit of an othe some do call it firmameÌtum veritatis the foundation ground of truth and some other vinculum pacis a meane of the knot or lincke of peace And if it be taken and found by a whole Iurie consisting vpon twelue persons or aboue it is called veredictum viz. a presentment of truth And others doe hold it a ceremonie instituted by God wherein himselfe is a partie and therefore he will see it verified or sharply punished Wée know that the proofe of most of our acts déeds and writings doe depend vpon the othes of others and whatsoeuer men do for their owne particular account most certaine is altogether in most cases vncertaine vnlesse it may be iustified by the othes of others As if one doe commit murder rape burglarie robberie or other offence whatsoeuer and it be denied and cannot be prooued by the othe of some other the offendor shall escape vnpunished for it And likewise if a man do buy land of another if the feoffor doe make him a déed of feoffement thereof do seale and deliuer it and giue him possession and after will denie it vnlesse it can be prooued by the othe of some other the feoffée shall loose his land and money And so it is of leases annuities releases acquitances obligations bargaines contracts couenants promises offences entries disseisins and other matters in fait if they be denied trauersed and called in question the proof and validitie of them doth depend wholly vpon the othes and testimonie of others And there is no case so plaine which commeth in question betweene partie and partie but one of the parties to the sute may pleade such a plea as shall come to be tried by the othes of others 2 Therefore as the Lawe doth reuerently respect the othes of men What sorts of persons are to be deposed taketh her intelligence of matters in fait from them doth cleaue leane vnto them and giueth such credite and approbation vnto them that shée doth found and build her iudgements in most cases of greatest importance vpon them So shée retaineth a vigilant and carefull eye that those othes be taken by men of sinceritie of life and maturitie of iudgement persons not stained with Periurie or other gréeuous or foule offences men indifferently affected and such as will in swearing respect the trueth of their knowledge and not the face of the person for if shée espie any of those defects in him she doth either wholly reiect his othe or else shée giueth little or no credite vnto it and further inflicteth condigne punishment vpon him according to his desert Mag. Char. 9. H. 3. 29. 3 And because the King himselfe at his Coronation is sworne that iustice shall be solde deferred or denied to no man nor that any man shall be condemned but by lawfull triall and euery of his Iudges be sworne that hée shall doe equall Lawe and execution of iustice to all the Kings Subiects Sta. 18. Ed. 3 rich and poore without hauing regard to any person All the parties to the execution of iustice sworne Therefore the law hath deuised that those Iudges before whome any cause is called in question and is brought to an issue shall be informed of the trueth of that issue by the othes and verdict of twelue Iurors who are impannelled returned and sworne to trie that issue to the end the same Iudges may ground their iudgement thereupon and so doe equall iustice to the parties according to their oathes and also that the saide Iurors shall be ascertained of the veritie of the fact by the Othes of witnesses or other euidences that they may giue their verdict thereupon according to their Othes And séeing those Iurors being the greatest number of persons that be vsually sworne for the furtherance and execution of iustice be returned by the Shiriffe of the Countie where the cause dependeth in question his vndershirife or the Bailife of some Libertie or for some default in them by the Coroners Therefore the Lawe hath further ordained that the saide Shiriffe Vndershiriffe or c. shall be indifferent persons of themselues and also deale vprightly
or Elegit or by Action of Debt against euery person of the petit Iurie so forfeiting and against his Executors and Administrators hauing then sufficient goods of their said Testator not administred And euery of the said petit Iurie shall seuerally make fine by the discretion of the Iustices before whom the said false Serement shall be found after their seuerall offences defaults and sufficiencie of them And those of the petit Iurie so attainted shall neuer be after of any credit nor their oath accepted in any court And if a false verdict be giuen in any action suit or demaund before any Iustice or Iudge of Record Attaint wher the thing doth not extend to xl l. of any thing personal as debt trespas and other like which shall be vnder the value of xl pounds then the partie grieued shall haue an Attaint And if the petit Iurie be attainted then euery of them shall forfeit fiue pounds to the King and the partie after the forme aforesaid and also shall make fine by the discretion of the Iustices And euery person that may dispend fiue markes by the yeare of fréehold out of auncient demesne or is worth an hundred markes in goods is able to passe in the same Attaint 18 The Law doth so hate Periurie and so much endeauour to extirpate the very roote thereof that shée doth sometime punish it in the onely will and intention of a man though that will neuer come to effect so that the same will and meaning may bée laid open vnto her The meaning to commit periurie punished by due proofe as it appeareth by a braunch of the before specified Statute of Anno 11. Hen. 7. St. 11. H. 7. 21. whereby it is ordained That if it be found by the graund Iurie that the petit Iurie haue giuen a true verdict in any of the courts of the citie of London in a suit whereupon an Attaint is brought then the graund Iurie shall haue authoritie to inquire if any of the petit Iurie hath receiued any summe of money or other reward or promise of money or other reward of the named defendants or tenants in the same Attaint or of any other person by the commandement couin or assent of any of them for the intent of their verdict giuing whereupon the same Attaint is grounded And after any such corruption by the said graund Iurie found Decies tantuÌ then the Iuror that is so found defectiue in taking money or rewards c. shall pay to the plaintife named in the said Attaint tenne times the value of the summe or other reward so taken or promised and shall suffer imprisonment without Baile or Maineprise sixe moneths or lesse by the discretion of Mayor and Aldermen of the said citie and shall bee disabled for euer to bée sworne in any Iurie before any temporall Iudge And such defendant and tenant in the same Attaint shall pay to such vse as other penalties bee forfeited within the same citie tenne times the value of the summe of money or other reward by him so giuen to any of the said petit Iurie and shal be imprisoned without Baile or Maineprise during sixe moneths or lesse by the discretion of the said Mayor and Aldermen And in like sort St. 34. E. 3. 8 38. E. 3. â2 and for the same cause the Statutes of Anno 34. Edw. 3. 38. Edw. 3. were prouided whereby it was enacted That if any Iuror sworn in Assises or other Enquests to be taken betwéene the King and the partie or betwéene partie and partie doe by himselfe or any other take any thing of the plaintife or defendant to giue his verdict and thereof is attainted at the suit of the partie which will sue for himselfe or for the King or of any other person entring his plaint by Bill immediately before the Iustices before whom the Iurie was sworne the said Iuror shall pay tenne times so much as he hath receiued Decies tantuÌ And all those which bee Imbraceors Imbraceors to lead and procure such Enquests in the Countrie to make a gaine and profit thereof shall be punished as the Iurors And if the Iuror or Imbraceor so attainted haue not wherewith to make recompence in forme aforesaid he shal be one yeare imprisoned which imprisonment shall not be pardoned for any fine and the partie grieued may haue his action before other Iustices if hée will But no Iustice or other officer shall inquire of office vpon any of the points of this Statute but onely at the suit of the partie and of others as aforesaid By which foresaid Statutes it doth appeare that the Law doth punish Periurie not onely in such Iurors as doe commit it but also in those persons who bée the Imbraceors Perswaders or Procuters of it and not onely in those who doe commit or procure it but likewise in those who giue or take rewards to haue it done though it bée neuer effected for shee accounteth that when a man hath giuen his heart leaue for a reward to bée sworne it is the reward he respecteth in his oath and not the truth of the cause which reward will lead him blindfold into the dungeon of Periurie and therefore hee deserueth to be punished as a periured person S. Maintenance c. 6. 19 Because diuers did resort to Iurors in Wales and the Marches thereof and suborned them to acquit Murderers Felons and Accessories openly knowns St. 26. H. 8. 4 therefore by a Statute made Anno 26. H. 8. it was enacted That forthwith vpon the charge giuen to any Enquest to bee taken and sworne before any Iustices Steward Lieutenant or other officer within Wales or the Marches of the same of for or vpon any Trauerse against the King or the triall of any Recognizance broken or any other forfeiture forfeited to the King or of for and vpon the triall of any Murderer felon or accessorie of felonie or murder an officer shall be sworne for the kéeping of the same Iurors And if the same Iurors doe acquit any such felon murderer or accessorie vpon whose triall they shall be charged or giue any vntrue verdict against the King vpon the triall of any Trauerse Recognizance or other forfeiture The punishment of periurie committed by an enquest in Wales contrarie to the good and pregnant euidence ministred to them by the persons sworne before the said Iustice Steward Lieutenant or other officer Or that the said Iurors or any of them doe eate drinke or speake to or with any person or persons than to such as be sworn with them or otherwise misdemeane themselues after they be sworne and before they haue giuen their verdict Then the Lord President or other of the Councell of the Marches for the time béeing vpon notice or complaint thereof to be made shall not onely haue authoritie to call such Iurors before them but also the same Iusticiar Steward or other officers afore whome any such acquitall vntrue
of the stat of 18. El. 14 Maintenance Champertie buying of titles Embracery haue bin accounted so offensiue professed enemies to the iustice peace of the realm that though by the stat of an 18. El. it is ordained Stat. 18. El. 5 That euery informer vpon any other penall stat shal exhibit his suit in proper person pursue the same onely by himselfe or by his Atturney in court and that none shal be admitted to pursue against any person vpon any penall stat but by way of information or originall writ and not otherwise nor shall haue any deputy at all And that vpon euerie such information which shal be exhibited a speciall note shall be made of the very day moneth yere of the exhibiting therof into any office or to any officer which lawfully may receiue the same without any maner of antedate to be made thereof And that vpon euery such proces shal be indorced aswel the parties name that pursueth the same proces as also the stat vpon which the information in that behalfe made is grounded and that no Informer or plaintife shall compound or agrée with any person that shall offend or shal be surmised to offend against any penal statute for such offence but after answer made in court vnto the information or suit in that behalfe exhibited or prosecuted nor after answer but by the order or consent of the court in which the same information or suit shal be depending Yet in the said stat of 18. El. there is a prouiso That it shal be lawfull for any person or persons grieued by means of any maintenaÌce chaÌpertie buying of titles or other embracery to pursue vpoÌ any stat prouided against maintenance champerty buying of titles or embracery as he or they might haue done before the making of the said act Which prouiso was made to the end that all persons grieued by reasons of any maintenance champertie buying of titles or embracery should be left at libertie to pursue chasten the offendors therin by all such means as former laws haue authorised theÌ not be restrained by any of the ordinances or articles before rehearsed for that the said offeÌces were by the makers of the said stat adiudged to be greater impedimeÌts obstacles to the execution of iustice than other penal stat were 15 As the policie of the realme hath deuised the foresaid popular actions and suits to enable euery person that will Assurances to haue mainte void in diuers cases to pursue prosecute maintainors champertors buyers of pretenced rights c. to the intent the sooner to root out extirpat those offendors who indeuor to wrest the execution of lawes out of their due course to subuert iustice thereby to hinder the peace of the realme so hath it in some cases gone further ordained that some assurances made for maintenance shal be presently void as it appeareth by the stat of an 8. St. 8. H. 6. 9 H. 6. wherby it was enacted Lands gotten by force assured to haue maintenance That if any person after his entry into lands or tenements holden with force do make a feoffement or other discontinuance to any Lord or other person to haue maintenance or to toll defraud the possessor of his recouerie in any wise If alter in an Assise or other action thereof to be takeÌ or pursued before the Iust of Assise or other the kings Iustices whatsoeuer they be by due inquiry therof to be taken the same feoffements and discontinuances may be duly proued to be made for maintenance as is aforesaid that then such feoffements or other discontinuances so as before made shall be void St. 4. H. 4. 8. holdeÌ for none And by the stat made an 4. H. 4. it was established That if any man great or small of what estate or condition they be Lands forcibly gotten by maintenance make any forcible entry in his own right or to his own vse or in anothers right to his vse by the way of maintenaÌce therof is attained at the suit of the party grieued he shal be one yere imprisoned pay to the partie grieued his double dammages And also he shall answer to the partie grieued damages for his goods cattels if vpon the said forcible disseisin he tooke away any 16 As by the before mentioned stat maintenance champerty What maintenance is punishable and what iustifiable embracerie buying of titles be in generall termes deciphered together with their seuerall penalties so haue the learned Iudges Sages of the law expounded the particular branches of euery of those stat as they grew in question were prosecuted in suit before them also resolued what maintenance is punishable and what iustifiable who may pursue an action writ bill or information c. of maintenance champerty c. against whom the same is to be brought for what offeÌce or cause the same is maintenable what pleas are to be pleaded to the writ or in bar of the said actions writs informations c. what iudgemeÌt shall ensue thereupon As euerie champertie is an vnlawful maintenaÌce prohibited by the foresaid stat of West 1. West 2. 9. H. 6. 64. St. 28. E. 1. 11. and punishable according to the before rehearsed stat of An. 28. E. 1. and euerie chaÌpertie is a maintenance the partie grieued may haue aswel a writ of Maintenance as of Champertie for by that meanes the champertor hauing bargained to haue part of the land or thing in question doth ofttimes moue further the suit suborneth witnesses corrupteth the Iurie and so subuerteth iustice but there must be a suit depending before it can be adiudged maintenance in any sort for if one man wil giue money to another to beginne and prosecute a suit against a third person 3. H. 6. 55. 8. H. 5. 8. 10. Ed. 4. 19. 30. Ed. 3. 3. this is no maintenance for that this mony was giuen when there was no suit depending and if there be a writ brought and neuer returned it is no maintenance No maintenance in a Iuror for giuing his verdict 17 If there be a suit depending betwéene two and they do ioyne an issue 18. E. 4. 2. 28. H. 6. 6. which is tried by xij men found for the plaintife in this case the defendant cannot haue an action of maintenance against the said Iurors or any of them for this verdit giueÌ for that they gaue their verdit according to their euidence and their knowledge of the truth of the matter and besides they did not thrust theÌselues into that cause but were compelled to appeare by an ordinarie course of law being impanelled returned by the Sherife or some other lawfull officer Maintenance by a Iuror suing for iudgement but if after the verdit giuen any of the Iurie wil solicit or labor to the Iudge or Iudges of the court where the said suit
law doth allow him to doe in respect the sooner to deliuer his seruant from suit and trouble that hée may not loose the benefit of his seruice for the longer he doth lacke his mans seruice the greater is the Masters losse And if the seruant be arrested in any priuiledged place the Master may maintaine him and spend his owne money to deliuer him in respect that otherwise he should loose his seruice for by that meanes he doth maintaine him in his owne behalfe and to auoid his owne hinderance But if the seruant be impleaded in a reall action wherein he may appeare and answer by Attourney and that his owne presence is not requisit 21. H. 7. 40. then the master may not maintaine him therein for that the Master shall receiue no preiudice if the land in question shall be recouered from his seruant And in like sort the seruant may maintaine the Master How the seruant may maintaine his Master in any suit commenced by or against his said Master in all lawfull manner As he may trauaile in furtherance of his Masters suit 19. H. 6. 31. 19. Ed. 4. 3. he may retaine his counsell with his Masters money and shew his counsell or the Iurie vpon the tryall of his Masters cause in question his Masters euidence for he is bound to doe his Master his diligent seruice and that which his Master commaundeth him to do touching his suit is his Masters seruice But that seruant which may iustifie to maintaine his Master in such sort as is aforesaid must be a seruant who is retained with his Master for a yeare 39. H. 6. 5. or some long time and to do all such seruices as he shal be imployed in by his said Master for if he be a seruant onely hired for a day two or thrée or to ride but some one iourney or to do but some one speciall seruice then if he do maintaine his Master or his Master maintaine him in any sort as aforesaid it is vnlawfull maintenance in him But if in either of the cases aforesaid the Master for his seruant or the seruant for his Master shall giue or promise money or other reward to any of the Iurie to giue his verdict or do threaten any of them to be killed beaten maimed dispossessed of their farmes 12. E. 4. 14. 19. H. 6. 31. or do giue his owne money to the Sherife to arrest the other partie to that suit then it is punishable by action of Maintenance in him that shal so offend ⧠Deceit Couin Collusion Fraud 1 DEceit Couin Collusion and Fraud bée great offences to the Commonweale and speciall impediments of the iustice and peace of the Realm wherof there be so many and of so generall sorts and kinds as there be wicked deuises in the hearts of men and lewd persons to put them in practise And it were a worke almost as infinite to diuulge the particulars and to reduce into writing all the Deceits The multitude and enormitie of Deceits and Frauds Couins Collusions and Frauds which in time haue béene inuented and effected as it were to poise the weight of the sands of the sea or to decipher the number of the starres of the element for by how many meanes a man may trust by so many and more hee may bee deceiued And therefore I will vndertake to treat of no more than our common and statute lawes haue detected and accused to bée deceits frauds c. and amongst others but of those which the makers expositors and Sages of our lawes haue noted to be chiefely offensiue and most opposite to the due execution of iustice vpon which this peace whereof I doe write doth chiefely depend For the wisedome of this Realme first in the making of our lawes and after in expounding them haue bent their chiefe care to crush and beat downe Deceit and Fraud plainely séeing that the greatest part of the crimes which bée committed in this kingdome from the highest treason to the smallest trespasse haue some intermixture with them And that if they with their dependants could bée fully extirpat both iustice and peace would more brightly flourish And notwithstanding they doe not begin their quarrels with rapier and dagger sword and buckler as some other of the offences before mentioned do yet is there grafted in the root of them as much gawle and venim and more durable and bitter extremities do spring from them than âoe ensue by the Canon shot the light horsemans staffe or the footmans bill For though some part of euerie kings raign hath had a calme and repose from war and hostilitie yet neuer any age or yeare was cléerely fréed of falshoods corruptions deceits and frauds 2 The wisedome of the Realme perceiuing how necessarie a thing iustice is and how opposite and repugnant vnto it deceits and frauds bee doth therefore specially prouide to make choyce of such men of all sorts The reward for paines and punishments for deceit of officers towards the law to execute the same iustice as she is persuaded by their learning and experience can by their vertue integritie will performe to euerie person his due and tread beat downe fraud whose pains she doth requite with reuerend respect liberal rewards titles of credit large priuiledges But if she do find any of the said officers whom she putteth in trust to deceiue her expectation and to practise falshood or guile then she doth as sharply punish them as she did before munificently wage them As appeareth by the stat of An. 8. St. 8. R. 2. 4. R. 2. wherby it was ordained A Iudge A Clerke That if any Iudge or Clerke do make any false entring of a plea rase any rol or change any verdict whereby any person receiueth disheritance he be thereof conuict before the K. and his Counsell he shal be punished by fine ransome at the K. pleasure and satisfie the partie And for the recouerie of the inheritance the partie shall sue by writ according to the law And for the auoyding of corruption which may happen in officers in those courts places wherein there is requisit to be had the true administration of iustice to the intent that worthy persons should bée preferred to the places of iustice none other should attaine the same for fée or reward by a stat made An. 5. Stat. 5. 6. E. 6. 16. 6. E. 6. it was enacted No office of iustice shal be sold or bought That if any person bargaine or sell any office or deputation of office or take any mony fée reward or other profit directly or indirectly or take any promise agréement couenant bond or assurance to receiue or haue any mony reward c. for any office or the deputatioÌ of any office or any part of any of theÌ or to the intent that any person shold enioy any office or the deputation of any of theÌ or any part or parcel of any
yeare vnder their couent seales within one yeare next before the making of the said act should be vtterly void St. 31. H. 8. 13 And by a like statute made Anno 31. H. 8. it was ordayned That all leases of lands tenements or other hereditaments not vsually let leases of lands c. in reuersion leases of lands c. not reseruing the old and accustomed rent sales of wood assurances of lands of the kings gift or auncient foundation without the kings licence made by any abbots or gouernours of any Monasteries or other religious houses which were before the making of the said act dissolued within one yeare before the comming to the K. hands of the same Monasteries religious houses c. or which after that should bee dissolued or come to the kings hands should be vtterly void for the same leases sales of wood and assurances were intended to be made by fraud to deceiue the king of certaine commodities which the makers of that statute did meane and intend to giue him 40 Where maidens and women children of noblemen gentlemen and others as well such as were heires apparant to their auncestors as others hauing left vnto theÌ by their father or other auncestor friends lands tenemeÌts hereditaments or other great substance in goods cattels moueable for and to the intent to aduaunce them in marriage somewhat like according to their degrées and as might be most for their surety comfort as wel for themselues as of all other their friends kinsfolks were ofttimes vnawares to their said friends or kinsfolkes by flattery trifling gifts faire promises and other such deceitfull fraudulent practises of many vnthrifty light persons therunto by the intreaty of lewd persons others that for rewards bought and sold the said children secretly allured and woon to contract matrimonie with the said vnthrifty light persons and thereupon either with sleight or force oft times were taken conueyed away from their said parents friends or kinsfolkes to the displeasure of God disparagement of the said children continuall heauinesse of all their friends For the redresse and preuention wherof by a statute made Anno 4. St. 4. 5. P. M. 8. 5. P. M. it was enacted Deceitfull conueying a maid inheritable vnder xvj yeares of age That it shall not be lawfull to any person or persons to take or conuey away or cause to be taken or conueyed away any maid or woman child vnmaried being within the age of xvj yeares out of or from the possession custodie or gouernance and against the will of the father of such maid or woman child or of such person or persons to whom the father of such maid or woman child by his last Will or by any other act in his life time shall assigne bequeath giue or graunt the order kéeping education or gouernance of such maid or woman child except such taking conueying away as shal be had made or done by or for such persoÌ or persons as without fraud or couin then shal be the master or mistresse or the gardian in socage or gardian in chiualry of or to such maid or woman child St. 4. 5. P. M. 8. If any person or persons aboue the age of xiiij yeares shal vnlawfully take or conuey The forf for taking away a maid vnder 16 yeares of age or cause to be taken or conueied any maid or woman child vnmaried being within the age of xvj yeares out of or from the possession against the will of the father or mother of such child or out of or from the possession of such person or persons as then shall haue by any lawfull wayes or meanes the order kéeping or education or gouernance of any such maid or woman child then euery such person persons so offending being thereof lawfully attainted or conuicted by the due course of the law of this realme other then such of whoÌ such person taken away shall hold any lands or tenements by knights seruice shal be 2. yéeres imprisoned of his or their bodies without baile or mainprise or els shall pay such fine for his or their said offence to the Q. and party grieued as shal be assessed by the Q. counsell in the starre chamber at Westminster If any such person or persons shall so take away St. 4 5. P. M. 8. or cause to be taken away as is aforesaid Taking away deflouring or coÌtracting matrimony with a woman c. and defloure any such maid or woman child as is aforesaid Or shall against the will or vnknowing of or to the father of such maid or woman child if the father be in life or of or to the mother of such maid or woman child hauing the custody gouernance of such child if the father be dead by secret letters messages or otherwise contract matrimony with any such maiden or woman child except such contracts of matrimony as shal be made by the coÌsent of such person or persons as by the title of wardship shall then haue or be intituled to haue the mariage of such maid or woman child then euery such person or persons so offending being thereof lawfully conuicted as is aforesaid shall suffer imprisonment of his or their bodies by the space of fiue yeares without baile or maineprise or els shall pay such fine for his or their offence to the Quéene and party grieued as shal be assessed by the Quéenes Counsell in the Starre-Chamber The Quéenes Counsell of the Starre-chamber by bill of complaint or information Who may hear and determine these offences and Iustices of Assise by inquisition or indictment St. 4 5. P. M. 8. haue authority to heare and determine the said offences vpon euery which indictments and inquisitions such processe shall be awarded as vpon an indictment of Trespas at the common law If any woman child or maiden being aboue the age of xij St. 4 5. P. M. 8. yeres and vnder xvj A woman consenting to an vnlawfull contract doe at any time coÌsent to such person that so shall make any contract of matrimonie contrary to the forme and effect of this statute then the next of her kinne to whom the inheritance should returne or come after her decease shall from the time of such assent haue and enioy all such lands tenements and hereditameÌts as she had in possession reuersion or remainder at the time of such assent during the life of such person that so shall contract matrimony and after the decease of such person so coÌtracting matrimony theÌ the said lands shall discend reuert remaine and come to such person or persons as they should haue done in case this act had neuer béen made other then to him onely that so shall contract matrimony But this act shall not extend to take away or diminish any liberty custome St. 4 5. P. M. 8. or authority coÌcerning any
be adiudged to the pillory the third time he shal be imprisoned make fine the fourth time he shall forsweare the towne And in this manner shal it be done of all that offeÌd in like case as of cookes that séeth flesh or fish any waies that is not holesome for mans body or after that they haue kept it so long that it looseth the naturall holesomenesse then séeth it againe and sell it And in like sort St. 39. El. 10 by one other statute made An. 39. El. it was enacted That if any alien or stranger born or any denizen or naturall born subiect of this realme shal bring into any hauen port créeke or town of this realme any salt fish or salt herrings which shal not be good swéet seasonable méet for maÌs meat shal offer the same to be sold and shall be warned by any officer of such Port c. where the same shal be offered to be sold that the same be not seasonable nor méet for mans meat Then if he or they shall after that offer any of the said vnseasonable fish to be sold to any person within this Realme or being an alien borne and no denizen shall not depart with the same from the said Hauen Port or Towne so soone as conueniencie will serue Then all and euery person owners therof shall forfeit to the Queen all the said vnseasonable fish vnméet for mans meat as is aforesaid And by a statute made Anno 4. Ed. 3. it was established St. 4. E. 3. 12 That assay shall be made of wines twice euery yeare once at Easter and another time at Michaelmas and more oft if néed be by the lords of the Townes and their Baylifes and also by the Mayors and Baylifes of the same townes and all wines that be found corrupt shal be powred out and the vessels broken ⧠Extortion Exaction 1 EXtortion is a wrong done by an Officer What is Extortion as Ordinarie Archdeacon Officiall Maior Bailife Shirife Escheator Coroner Vndershirife Auditor Receiuer Clerke or other Officer or by any other by colour of an office in taking of an excessiue reward or fée and more then the law doth allow him for execution of his said office which offence in some degrées is worse then the priuy picking of a mans purse in secret and the transgressor in a sort may be compared to the Fréebooter which with drawne sword and with menacing words assaulteth the trauailer by the way who casteth down his purse to him for feare of further hurt And so is the poore sutor many times inforced to doe to the Officer when of necessitie he must vse his helpe It is a thing most odious and offensiue to the iustice and peace of the Realme and to all the members thereof that those men who be specially made choice of and principally selected to serue their prince and countrey and to further the execution of iustice in their offices and places and be sufficiently rewarded with conuenient stipends for their paines therein should in contempt of the law assesse their owne fées in a sort put their hands in other mens purses and there take what they will and thereby doe wrong vnder the colour and shadow of iustice Exaction is a wrong done by an officer What is Exaction or by one pretending to haue authoritie in demaunding and taking reward or fée for that matter cause or thing which the law doth allow no fée at all And as our common statute lawes haue declared which offences or acts they doe condemne and adiudge as Extortions and Exactions so haue they prescribed in most cases seuerall penalties to be inflicted vpon the seuerall transgressors therein leauing the residue to be punished at the kings pleasure or by the discretion of such of his Iudges Iustices or others by his commission authorized before whom the offendors shall be thereof conuicted And further our said statute lawes haue set downe for the most part what fées or duties the sutor ought to pay to the officer the officer is to demaund of him to the intent that the one shall not be ignorant what to offer nor the other what to require and to the end that the Law hauing written it in a sort in the officers forehead what his duty is he may blush when he looketh in the sutors face and demaundeth more 2 I will begin with an Exaction that no former generation did tast of heare of or feare but it hath sprung vp of later yeares bin greatly exclaimed of and condemned in this our present age which is taking of money or some other reward for a Report or Certificat wherein the offendor most commonly doth a double iniury and to two seuerall persons viz. first to him whose mony fee or other reward he taketh for the fauourable making of that report in his behalfe whereas the law doth allow him none for reporting but otherwise bountifully rewardeth him for that and all such other paines and next and chiefely to him in preiudice of whom or whose case he maketh that report He doth not now indifferently respect the cause in question but bendeth his eye vpoÌ the reward which he hath receiued and deuiseth to accomplish the request of the one and yet to yéeld to the other not the effect but some colour of iustice The King at his coronation doth promise to all his subiects Mag. Chart. St. 9. H. 3. 29 Quod nulli vendemus nulli negabimus aut differemus iusticiam whereupon the whole realme did take it vnkindly at their hands who being the kings Substitutes in place of iustice and receiuing but a small particle of his authoritie would doe then all the said offences at once and sell denie and deferre iustice to some of the kings subiects certifie that for good which was bad or that for iustice which was méere iniurie Or if they did make report and certificat of that which was iust and true would sell it and take money or other reward for it which the king himselfe vpon his oath refuseth to doe And therefore because all exââtions extortions and corruptions be odious as well in this as in all other well gouerned Commonweales and to the intent to preuent the like enormities in this and other ages by a statute made Anno 1. Iacob it was enacted St. 1. Iac. 10 That no person to whom any order or cause shal be committed Exaction by taking or reward for a report or referred by any of the Kings Iudges or Courts at Westminster or any other Court directly or indirectly or by any act shift colour or deuice haue take or receiue any money fée reward couenant obligation promise agréement or any other thing for his report or certificat by writing or otherwise vpon paine of forfeiture of one hundred pounds for euery such report or certificat and to be depriued of his office and place in the same Court The one moitie to be to the king his
shires and a President and Councel established there and in the Marches of the same with all officers clerkes and incidents to the same And that there should be Iustices of Assise and Gaole deliuerie there which should kéepe Sessions in euery of the said shires twice in the yeare and a Marshall and a Crier in euery circuit And that there should be original and iudiciall seales for the sealing of Writs and Proces in the said shires And that there should bee foure Prenotaries in Wales and also certaine Iustices of Peace and Quorum and a Custos Rotulorum Bailifs of Hundreds Sherifs Escheators Coronors Constables of Hundreds in euery of the said xij shires Then to preuent and auoyd extortion of the foresaid Officers in Wales and to the intent that the said Officers might know what money to demand and euery sutor what to paie for all Proces originall and iudiciall declarations pleadings c. by the said Stat. of anÌ 34. H. 8. it was particularly expressed how much should bee paied for the writing and sealing of originall and iudiciall Writs and proces The fées expressed to preuent extortion in Wales and what Prenotaries shal take for their fées what euery Marshall and Crier of the Iustices shall haue and what fées the said Sherifes and Coroners shall take in many diuers and seuerall cases But after in and by the said Stat. of anÌ 34. H. 8. it was further ordained That in all and euery Writs originall or iudiciall or other Proces pleas or writings which bée not expressed in the said ordinance the fées thereof as well for the seales as writing shal be rated by the said President Councell and Iustices or three of theÌ whereof the said President to be one by their discretion from time to time as the case shall require And they shall haue full power from time to time to assesse and appoint what fee the said Sherifes Escheators and Coroners and their ministers Prenotaries and their clerkes and other ministers of iustice in the said shire shall haue of the Kings subiects for any maner writs plaints pleas proces returnes or any other matter or thing concerning or belonging to the execution of their offices and roomes and to augment or diminish any fée or fées aboue declared as shal be thought by their discretions to be conuenient and méet for the common wealth of the kings subiects of those partes of Wales Oppression 1 OPpression is a grieuance done by one man or more to the hurt or preiudice of others What oppression is without any warrant of law or colour of iustice or it is a burden or charge which one man doth impose on another more than the law doth lay vpon him and is for the most part wrought by the superior in countenance abilitie or office to the inferior in the same for the oppressor sicuti Nimroth robustus venator tanquam Leo subuersor in domo sua is alwayes offering hard measure to them who are to deale with him vntill they be able and willing to resist him The fraudulent deceiuor yéeldeth a man something for his money or at the least giueth a faire colour so to do The extortioner is most times an officer and doth take paines and is worthy of his due reward so is tollerable vntill he wresteth more than his desert But the oppressor grapleth for what he can get and returneth nothing and wresteth to reap that which he hath not sowen and to gather fruit where he hath not grafted the marke he roueth at is his priuat profit respectâth not how many and how much he in that cause hurteth so that his owne purse be filled or his will be accomplished As Oppression by disseisin euerie disseisor who doth vnlawfully expell and put another man out of his fréehold may aptly be termed an oppressor for hee doth not put in practise that iniurie couertly and secretly by fraud and collusion vnder hand as the deceiuor extortioner do but by plain and open wrong and doth stand in the face of al his beholders and commonly iustifieth that which he hath done And therfore as the said disseisin and oppression is manifest so hath the stat of West 2. appointed a speedie and manifest remedie to the disseisée to redresse and reforme the same which is by an Assise of Nouel diss to the end that as he was newly and lately disseised so he might be quickly and spéedily restored And because the law doth adiudge a man oppressed and iniured who is disseised of estouers of wood Of what things one may be disseised or of profit to be taken in wood nuts acorns and of other fruit to be gathered or of a corrody of deliuering corne and other victuals and necessaries to bee receiued yearely in a place certaine or of toll tonnage passage pontage pawnage or such like things to be taken in places certain or of the kéeping of woods forrests parks chases warreines gates and other bailiwikes and offices in fée or of common of pasture turbaries fishing and such like which a man hath belonging to his fréehold or without his fréehold by speciall déed at the least for terme of life or when one man doth pasture anothers seuerall or when tenant for yeares or garden of a tenement doth alien the same in fée whereby the fréehold is transferred to the feoffée St. 13. E. 1. 25. therefore in all the cases aforesaid that said stat of West 2. doth giue to the party so oppressed and disseised his remedie to recouer the same by the said Ass of nouel diss in which the writ shal be De libero tenemento If tenant by Elegit be put out of the tenement which he hath in execution St. 13. E. 1. 25. St. 13. E. 1. or tenant by Statute marchant be put out of the land which he hath in execution or tenant by Stat. staple be put out of the land which he hath in execution or tenant by Recognisance in the nature of a Statute staple his executors St. 27. E. 3. 9 St. 23. H. 8. 9. administrators or assignes or any of them be disseised or put out of the land which he or they haue in executioÌ he or they so disseised or put out may haue maintaine an Assise for it is to him or them a disseisin an oppression St. 32. H 8. 7 If any person who hath an estate of inheritance or fréehold in any parsonage vicarage portion pention tithes oblations or other Ecclesiasticall profit made temporall be deforced kept or put from the same this is a disseisin and oppression the party so wronged may haue an Assise to recouer the same And if any Escheator St. 3. E. 1. 24 Sherife or other of the K. Bailifes shall by colour of his office without speciall warrant or certaine authoritie which belongeth to his office disseise any man of his fréehold or of any thing which belongeth to his fréehold this is an oppression
such offence of returning or being in this realme or c. without submission as is aforesaid shall be adiudged a Traitor and suffer and loose and forfeit as in case of high Treason 20 Hauing treated of Treasons generally and first shewed which be high Treasons and which petit Treasons by the common lawe and which be made treasons by Statutes It resteth that I declare what is Misprision of treason how many sortes thereof there be and what is the penaltie or punishment of the offendors therein What misprision of treason is Misprision of treason or felony is most properly when any person doth vnderstand or know that another person hath committed treason or felony and he will not disclose it to the King or his Councell or to some Magistrate that it may be repressed and punished but doth conceale it Bracton writeth Bracton de Corona cap. 3 That if any man doth know another to be guilty of a treason or to be vehemently suspected thereof he ought presently and without any delay come to the King if he can or send to him if he be not able to come or to some other néere about the King and to declare euery thing in order he ought not tarrie in one place two daies or two nights before he doth sée the Kings person neither must he attend any other busines be it of neuer so great importance for hée is scarcely allowed to looke backe because if he doe delay and conceale the matter for a time he shall be accounted a manifest deceiuer of the King and as consenting and agreeing to the offence whether the partie which is accused be his familiar friend or a stranger and if he would after accuse the offendor he shall not be heard vnlesse he can prooue that he was hindered vpon good cause And to the intent it might be certainely knowen what misprision of treason is the Statutes of 5. 6. Ed. 6. St. 5. E. 6. 11 1. 2. P. M. 10. and 1. 2. Ph. M. haue defined it in this manner viz. concealement or kéeping secret of any high treason shal be déemed and taken only misprision of treason the offendors therein to forfeit and suffer as in cases of misprision of treason as héeretofore hath béene vsed The forfeture in misprision And in all cases of misprision of treason the offendor shall forfeit to the King his goodes and his lands during this life 2. R. 3. 10. and he shall be imprisoned during his life And euery treason or felony doth include Misprision so that where any person hath committed treason or felony the King if hée will may cause the offendor to be indicted and arraigned but of misprision But some other offences partly by the common Lawe and partly by Statute be misprision of treason besides concealement or kéeping secret of treason which be héereafter expressed 21 By reason that diuers euill disposed persons as well without this Realme as within were boldened to counterfait and forge such kinde of golde and siluer and vtter the same in the Realme as is not the proper coine of this Realme nor currant in paiment in this Realme because before there was no condigne punishment prouided for such offences For the redresse whereof St. 14. El. 3 by a Statute made Anno 14. Elizab. 3. it was enacted That if any person or persons shall héereafter falsely forge Counterfaiting of money not currant or counterfait any such coine of golde or siluer as is not the proper coine of this Realme nor permitted to be currant within this Realme Then euery such offence shall be déemed and adiudged Misprision of high Treason And the offendors therein their procurors aiders and abettors being conuicted according to the Lawes of this Realme of such offences shall be imprisoned and forfeit such Landes goodes and Chattells as in cases of Misprision of treason for concealement of treason S. Br. 6. St. 23. Eli. 1 22 By the Statute made Anno 23. Elizab. 1. Aiding of perswaders to Romish religion it is enacted and declared That all and euerie person and persons that shall wittingly bée Aidors or Maintainors of such persons as shall offend in perswading or reconciling to the Romish Religion or in being reconciled thereunto or in any of the same offences knowing the same or which shall conceale any of the saide offences and shall not within twentie daies at the furthest after such persons knowledge of such offence disclose the same to some Iustice of Peace or other higher officer shall be taken tried and iudged and shall suffer and forfeit as offendors in misprision of Treason S. Br. 17. Concealing of reconciliation offered 23 By the Statute made Anno 13. Elizab. 2. it was ordained St. 13. Eli. 2. That if any person or persons to whom anie absolution reconciliation bull writing or instrument obtained from the Bishop of Rome or any of his successors or from any other claiming authoritie from or by them shall be offered mooued or perswaded to be vsed put in vre or executed shall conceale the same offer motion or perswasion and not disclose and signifie the same by writing or otherwise within sixe wéekes then next following to some of the Quéenes priuie Councell or to the president or vicepresident established in the North or the Marches of Wales for the time being Then the same person or persons so concealing shall incurre the penaltie and forfeit of misprision of high Treason But no person or persons shall be troubled in or for misprision of high Treason for any offence made Treason by this Act other than such as by this Act before are declared to be in case of misprision of high Treason S. Br. 16. Recording an indictment not found 24 If a Iustice of Peace doe inroll a bill of indictment not found by the Countrey amongst other indictments which be found 2. R. 3. 10. This is a great misprision and fineable and he shall loose his office Drawing a sword to strike a Iustice 25 If one draw his sword to strike a Iustice assigned Mi. 22. Ed. 3 13. sitting in place of Iudgement this is misprision of Treason and the offender being indicted and found guiltie thereof shall haue iudgement to forfeit his landes and chattels to haue his right hand cut off to be perpetually imprisoned for that the Iustice assigned by the Kings Commission to execute iustice sitteth in the place and stead of the King and so the offender opposeth himselfe against the King and the office of iustice Striking a Iuror in a Iustices presence 26 If in the presence of a Iustice assigned M. 19. Ed. 3. Fitz. Iudgement 174. one doe strike a Iurour that is returned vpon an Enquest this is misprision of Treason and the offender being indicted thereof shall haue iudgement to loose his lands and goodes to the King to haue his right hand stricken off and to be committed to perpetuall prison
Striking in Westminster Hall 27 And the same Law is Fitz. Cor. 280. M. 2. 3. P. M. Dy. 188. if one strike another in Westminster Hall during the time that the Kings Courts be sitting there and be indicted thereof this is misprision of Treason and an indignitie offered to the Magistrates and place of iustice Therefore in this case the offender shall haue iudgement to haue his right hand cut off to loose his lands and goods and to be perpetually imprisoned Reâscuing a prisoner arrested by a Iudge 28 If one of the Kings Iustices assigned M. 22. Ed. 3. 13. doe arrest any person which hath made a fray before him and a stranger will rescue the prisoner whereby he doth escape this is misprision of Treason and in this case as well the prisoner as he that made the rescous shall forfeit to the King his landes and goods and be imprisoned during their liues Because the attachment of such a Iustice is the Kings owne attachment in the construction of Lawe 29 Because striking in the Kings pallace or where he shall remaine in person is a kinde of disgrace offered vnto or contempt had of the maiestie of the king who is the head of the common wealth and the chiefe preseruer of peace therein and therefore it is to be accounted a great Misprision and worthy of seuere punishment wherefore for the preuention thereof Shedding of blood within the kings palace by a Statute made Anno 33. St. 33. H. 8. 12. H. 8. 12. it was established That if any person or persons shall malitiously strike any other person whereby blood shall be shedde in any of the Kings houses or Palaces or any other house wherein the king his heires or successors shall bee at that time abiding in his royall person viz. within any edifices courts places gardens orchards or houses within the Porters ward of any of the houses aboue rehearsed or within any Gardens priuie walkes orchards tilt-yards wood-yards tennice-plaies cocke-fights bowling alleyes néere adioyning to the said houses and béeing part of the same or within two hundred foot of the Standard of any outward gate or gates of any of the said houses commonly vsed for passage from any of the houses c. and shal be thereof indicted arraigned and attainted according to the forme of the said Statute he so offending shall haue his right hand cut off bee imprisoned during his life and make fine to the King at his pleasure But this Act and the paines and forfeitures before rehearsed shall not extend to any Noble man nor other person that shall strike his seruant within the said Palaces or Houses or the limits of the same with his hand or fist or any small staffe or sticke for correction for any offence committed Nor to any of the Kings officers that in execution of his office shall strike any person with his hand fist or small staffe sticke or tipstaffe Nor to any other person that in doing seruice at any triumph or any other time of seruice by the Kings or any of his Councel or other his head officers commandement shal for the execution of his said seruice strike any person with his hand fist smal staffe or stick or any tipstaffe within the same palace house c. although by reason of the same stroke or strokes there happen to bée any blood-shed of such person as shal be so stricken except the person so stricken die of the same stroke within one yeare next after And so it is to be noted by the foresaid Statute of 33. H. 8. and the foure cases next precedent that striking in the Kings Palace or House where himselfe doth make his abode is not so penall as striking or drawing a weapon to strike is where he is but represented by others in time and place of Iustice for the law doth inflict a more seuere punishment vpon him who striketh or draweth his weapon to strike in place time of execution of Iustice than it doth to him who offereth the like violence in the house and at the time where the kings owne person is remaining In which case the offendor receiueth no punishment at all for striking or drawing of his weapons to strike vnlesse blood be shed thereby Which lawes doe procéed of the great care and reuerend respect that is had of Iustice and of peace ensuing thereof 30 For as much as some doubts and questions were mooued that certaine kinds of Treasons Misprisions and concealements of Treasons committed out of this Realme could not by the common lawes of this Realme be enquired of heard and determined within this Realme of England for a plaine declaration whereof St. 35. H. 8. 2 26. H. 8. 13. 5. Ed. 6. 11. by a Statute made Anno 35. H. 8. it was enacted That all manner of offences béeing alreadie made or declared or hereafter to bee made or declared to be Treasons Misprisions of Treasons or concealements of Treasons and done perpetrated or committed by any person or persons out of this Realme of England shal be enquired of heard and determined before the Kings Iustices of his Bench for pleas to be holden before himselfe Trial of treasons committed out of the Realme by good and lawfull men of the same shire where the said Bench shall sit and bée kept or else before such Commissioners and in such shire of the Realme as shall be assigned by the Kings Commission and by good and lawfull men of the same Shire in like manner and forme to all intents as if such treasons c. had béene committed in the same shire where they shall be so inquired of heard and determined as is aforesaid And if any Péere of this Realme shall be indicted of any such Treasons c. then he shall haue his triall by his Péeres c. Which foresaid Statute of Anno 35. H. 8. remaineth in force notwithstanding the Statute of Anno 1. 2. P. M. 10. By which it is ordered h. 13. El. Dyer 298. That all Trials had awarded or made for any Treason shall bee had and vsed onely according to the course of the common lawes of this Realme and not otherwise Outlawrie of offendors in Treason beeing beyond Sea 31 By a branch of a Statute made Anno 26. H. 8. it was ordained That all Proces of Outlawrie to be made within this Realme against any offendors in Treason being resiant or inhabiting out of this Realme or beyond the Sea at the time of the Outlawrie pronounced shal be as good and effectuall in the law to all intents as if any such offendors had béene resiant within this Realme at the time of such Proces awarded Outlawrie pronounced And after by a Statute made Anno 5. E. 6. it was conditioned and prouided St. 5. E. 6. 11. That if the partie so outlawed shall within one yeare after the said Outlawrie pronounced or iudgement giuen thereupon yéeld himselfe to the chiefe Iustice
his life and safetie is oppressed therewith and dieth Or where two men doe run at Tilt Iust or fight at Barriers together by the Kings commandement and one of them doth kill another in these cases the like the offeÌces shal be adiudged as homicide by misadueÌture P. 11. H. 7 33. But if a maÌ being in doing of an vnlawful act as casting of stones into a high way where men doe vsually passe or shooting of arrowes into a Market or other place whither men doe vsually resort or fighting at Barriers or running at Tilt or Iustes with others without the kings commandement P. 11. H. 7. 23 whereby a man is slaine in these last specified cases it is felonie at the least viz. manslaughter if it be not murder for the offendor beeing doing of an vnlawfull act by his owne will the law will construe his meaning and will therein by the successe of the act As if two men be fighting together and a third man commeth to part them he is slaine Fitz. Cor. 262. 22. Ass p. 71 by one of those two without any malice prepenced or euill intent in him that slue him this is murder in him that killed him and not Homicide by misaduenture because they both that fought together were doing of an vnlawfull act And if they both that did fight together 2. 3. P. M. Dyer 128. came thither with malice prepenced one intending to kill the other then is it murder in them both The like order in misaduenture as in his owne defence 20 The same order shal be obserued in the pleading verdict forfeiture and pardon of one which killeth another by misaduenture as shal be of him who slayeth another in his owne defence St. 6. Ed. 1. 9 And the before rehearsed Statute of Gloucester shall extend as well to the one as to the other Homicide by murder or manslaughter 21 Homicide by murder is when one man vpon malice prepenced doth kil another feloniously And because it should be certainly knowne to all persons which offences should be adiudged murder by a Statute made at Marlbridge Anno 52. H. 3. it was ordained St. 52. H. 3. 26. That murder from henceforth shall not be iudged before the Kings Iustices What is murder where it is fouÌd misfortune onely but murder shal be intended vpon them which bee feloniously slaine viz. with a premeditate and malitious mind Pl. com 261 And some doe define murder to be a secret killing of one man by another none being present nor none knowing thereof But if one man kill another vpon malice prepenced the law doth not respect whether he doe kill him secretly or openly or whether he that was slaine be an English man or other countrie man so that he liued vnder the Kings protection Neither doth the law regard who gaue the first blow for though he that was slaine did strike the first blowe yet if he were slaine vpon malice prepenced it shal be adiudged murder in him that killed him What is manslaughter And manslaughter otherwise called Chance medley is when two doe fight together vpon the suddaine Pl. com 261 without any malice precedent and one of them doth kill the other in which case the offendor shall haue his Clergie The name of murder 22 The name of murder is an old and auncient terme and it is the rather continued to make a difference betwéen Homicide committed by Chance medley and Homicide committed by malice prepenced And therefore if a man be indicted of murder Murder more grieuous than felonie a pardon of al felonies wil not excuse discharge him as it appeareth by the Statute of anÌ 13. R. 2. which hath ordained St. 13. R. 2. 1 Stat. 2. S. Pardon 5 That no charter of pardon shal be allowed before any Iustice for murder for the death of a man slaine by a wait assault or malice prepenced Treason or Rape of a woman vnlesse the same murder c. be specified in the same Charter For murder is a more grieuous and hatefull offence in the hearts and eares of men than other felonies be And yet if a Commission be granted to certaine persons to enquire of all felonies they may thereby take indictments of murder Kel fol. 91. though a pardon of all felonies will not auaile him who hath committed murder but that is in respect of the Statute aforesaid St. 1. E. 6. 12 23 By a Statute made Anno 1. Ed. 6. it was ordained Wilfull poysoning That all wilful killing by poysoning of any person or persons that at any time hereafter shall be committed or done shall be adiudged and taken wilfull murder of malice prepenced and that the offendors therein their aydors abettors procurers and councellours shall suffer death and forfeit in euery behalfe as in other cases of wilfull murder of malice prepenced 24 To the end that stabbing and killing men on the sodaine done by many inhumane and wicked persons in the time of their rage drunkennes hidden displeasure or other passion of minde may be from henceforth restrained thorough feare of due punishment to be inflicted on such cruell and bloodie malefactors who heretofore haue béene thereunto imboldened by presuming on the benefite of Clergie St. 1. Iac. 8. Therefore by a Statute made Anno 1. Iac. it was enacted That if any person or persons shall stabbe Stabbing to death wilfull murder or thrust anie person or persons that hath not then a weapon drawen or hath not then first stricken the partie which shall so stabbe or thrust so as the person or persons so stabbed or thrust shall die within the space of sixe moneths then next following although it cannot be prooued that the same was done of malice forethought yet the party so offending and being therof conuicted by verdict of xii men confession or otherwise according to the lawes of this realme shall be excluded from the benefite of his or their Cleargie and suffer death as in case of wilfull murder Prouided alwaies that this Act shall not extend to any person or persons which shall kil any person or persons se defendendo or by misfortune or in any other manner than as is aforesaide nor shall extend to any person or persons that in kéeping and preseruing the peace shall chaunce to commit manslaughter so as the said manslaughter be not committed wittingly willingly and of purpose vnder colour or pretence of kéeping of the peace nor shall extend to any person or persons which in chastising his childe or seruant shall besides his or their intents or purpose chance to commit manslaughter Co. l. 4. 40. 25 If vpon a fray made the Constable with others to assist him Constable or other is slaine in parting of a fray do come to part the fray and to preserue the peace and in doing of his office the Constable or any of his assistants shal be slaine this is wilfull
the value of eight pence 18. Ass p. 14 22. Ass p. 39 or ten pence c. and then that offence shall be taken for petit Larcenie onely and the offendor shall be punished by imprisonment or c. according to the Iustices discretion Taking away a Tauerners plate 4 If a Tauerner doe set a péece of siluer plate before his guest to drinke in and that guest carrieth away the péece of plate this is felonie in him P. 13. Ed. 4. 9 for he had not the possession of the same péece of plate but the vse thereof onely to drinke in for that time And the offendor did fraudulently take the plate away with intent to steale it without the knowledge of the owner thereof A man béeing lodged in an Inne did rise in the night 27. Ass p. 39 and carrie linnen and other goods of the Inne kéepers out of his chamber where hée was lodged into the hall with intent to steale them and then went to the stable to séeke his horse and the Ostler tooke him therewith this was adiudged felonie and yet the goods were not carried out of the house of the owner of them but taken out of the place where he had assigned theÌ to be And so it is if a man do take vp another mans horse in his close with intent to steale him and the owner or some other doth apprehend the partie with the horse before hee is gone out of the close this is felonie A seruant hauing the vse of his masters goods doth steale them 5 If a man commit money to his seruant to kéepe or plate to his Butler 21. H. 4. 14. 3. H. 7. 12. 13. Ed. 4. 10. or vessell to his Cooke to be vsed in his house or a horse to his Horsekéeper to be kept and dressed or shéepe to his Shepheard to be followed and pastured and the seruant who hath the same thus committed vnto him doth goe away with them this is felonie by the common law in that seruant for these goods were alwayes in the Masters possession and kept and vsed to the Masters benefit But if a man deliuer a horse to his seruant to ride to the Market or money to carrie to a Faire or to pay to another or to buy cattell or other things and the seruant doth go away therewith this is not felony for the Master deliuered the same to his seruant and therefore he came lawfully by the possession of it See Felonie by stat 12. One hauing the key of a chamber doth steale the goods 6 If a man deliuer to his seruant or another the key of his chamber doore 13. Ed. 4. 9 and he to whome the key is deliuered taketh away the goods in the chamber aboue the value of xij d. this is felonie in him for the goods were not deliuered but did alwayes remaine in the possession of the owner of them A bargaine with a carrier and not a deliuerie of goods 7 If a man do bargaine with a carrier or other 13. Ed. 4. 9. to carry certaine bales of wares or other goods to a place prefixed and he taketh them and carrieth them to another place and openeth the bales and taketh forth the goods within them feloniously and conuerteth them to his owne vse this is felony in him for that this is more than a deliuerie viz. it is a bargaine so that he receiueth theÌ by the bargaine agréed vpon and not by the deliuerie the which bargaine he hath not performed but hath taken the goods of his own wrong and in this case the propertie of these goods did alwayes remaine in the first owner or deliuerer A carrier stealeth the goods committed 8 If one man do deliuer goods to another to carrie to a place appointed 13. Ed. 4. 10. and he doth carrie them thither and then he doth take and steale them away this is felonie in him for the priuitie of the bailement and the carriers possession was determined when he had carried them to the place appointed and therefore what he did after was feloniously done and of his owne wrong 13. E. 4. 9 9 If one man doe deliuer a Tunne of Wine to another A Carrier stealing part of his charge to carry to a place agréed vpon if the Carrier sell or giue away the same whole Tunne of wine it is no Felony for it was deliuered vnto him but if he take out twenty gallons or other quantitie aboue the value of twelue pence or c. then it is Felony 7. H. 6. 45 13. E. 4 10 5. H. 7. 18 10 If a man deliuer goods to another man to keepe Felony for taking of his owne goods after the owner who deliuered them doth take them away feloniously to the intent to recouer damages against the party to whom they were deliuered by an actioÌ of Detinue this is Felony in him that deliuered those goods yet the property of the goods was alwaies in him that did steale them 7. Ed. 4. 14 9. Ed. 4. 33 11 It is felony to steale the goods of a Church or Chappell The goods of a Church or Corporation or the goods of a Deane Chapter Colledge or other corporation or the goods of a corporation during the time of the vacation of the gouernour thereof and the indiâtment shal be Quod bona domus ecclesiae c. 27. Ass p. 40 12 If a wife doe steale goods by the compulsion of her husband In what case a maried wife may commit felony in what not this is not felony in her and likewise it is if she do it by the commaundement of her husband Fit cor 160 and if the husband and wife together do steale goods this shal be takeÌ the only act of the husband and not felony in the wife But a woman alone by her selfe her husband not being priuy thereunto may commit felony and may be principall or accessary Fit cor 383 as if a married wife steale goods or receiue Felons or stolne goods into her house knowing them so to be or lock them vp in her chest or closet her husband not knowing thereof Canuti lex 74. Or if her husband as soone as he knoweth thereof refuseth her company and his own house and maketh his abode elsewhere in which case the wiues offence shal not be imputed to her husband or otherwise the law will impute the fault to him and not to her for if the husband do commit felony Britton and the wife knowing thereof do receiue him and kéepe him company Bracton de coronÌ c. 32 she is not therby accessary to the felony for a wife caÌnot be accessary to her husband for that by the law of God she ought not to discouer him or his counsell Inâ leges 58 which law was first established by Inas Inae lex King of the West Saxons As the husband wife stealing together the
the rauishment of women Rauishment of a woman therefore by the stat of West 2. St. 13. E. 1. 33 it was enacted That if any man from henceforth rauish any woman maried maid or other woman where she doth not consent neither before nor after he shall haue iudgement of life of member and likewise where a man rauisheth a woman married lady damsell or other with force although she consent afterward he shal haue such iudgement as before is said if he be attainted at the K. suit for the K. shall haue the suit Abusing a woman vnder x. yeres of age 3 By a stat made An. 18. El. it was ordained St. 18. El. 6 That if any person shall vnlawfully carnally know abuse any woman child vnder the age of x. yeares euery such vnlawfull carnall knowledge shal be felony the offendor thereof being duly conuicted shall suffer as a felon without allowance of clergy The forf for consenting to a rape 4 By a statute made An. 6. R. 2. 6. it was ordained St. 6. R. 2. 6. That wheresoeuer and whensoeuer ladies daughters and other women be rauished and after such rape do consent to such rauishers that as wel the rauishers as they that be rauished euery of them be froÌ henceforth disabled by the same déed vnabled to haue or challenge heritage dower or ioint feoffemeÌt after the death of their husbands and auncestors and that incontinently in this case the next of the blood of those rauishers or of them that be rauished to whom such heritage dower or ioint feoffemeÌt ought to reuert remaine or fall after the death of the rauisher or of her that is so rauished shall haue title incontinently that is to say after the rape to enter vpon the rauisher or her that is rauished and their assignes and land tenants in the same heritage dower or ioynt feoffement and the same to hold in a state of heritage and that the husbands of such women if they haue husbands or if they haue no husbands in life that then the fathers or other next of their bloud haue from henceforth the suit to pursue and may sue against the same offendors and rauishors in this behalfe And to haue them thereof conuict of life and of member although the same women after such rape do consent to the said rauishers And further it is accorded that the def in this case shall not be receiued to wage battell but that the truth of the matter be thereof tried by inquisition of the countrey sauing alwayes to our soueraign lord the K. and to other lords of the said realme al their escheats of the said rauishers if peraduenture they be thereof conuict A woman rauished conâeiued with child By the opinion of Britton Britton if a woman at the time of the supposed rape doe conceiue with child by the rauisher this is no rape because a woman cannot conceiue with child if she doe not consent It is a good plea in an appeale of Rape to say that before the rauishment supposed Bracton he kept and vsed the plaintife as a Concubine Or to plead A Concubine that though he lay with her yet he did not carnally know her for that is the force of the declaration in an appeale of Rape T. 9. E. 4. 26 If a man shal be charged with a Rape by the way of indictmeÌt or otherwise he ought to be charged expressely by this word Rapuit and not by any other words This word Rapuit necessary in an indictment notwithstanding they doe amount to as much as this word Rapuit doth as carnaliter cognouit or such like S. Appeales 81. 85. St. 3. H. 7. 2 5 By a statute made Anno 3. H. 7. it is ordained Taking a woman against her will That if any person or persons shall take any maid widdow or wife which hath any lands or goods or is heire apparant to her auncestor against her will vnlawfully such taking procuring and abbetting to the same and also receiuing wittingly the same woman so taken against her will and knowing the same shal be felony and such misdoers takers and procurers to the same and receiuers knowing the offence in forme aforesaid shal be reputed and iudged as principal felons But this act doth not extend to any person taking any woman onely clayming her as his ward or bondwoman St. 39. El. 9. And by a statute made An. 39. El. it was enacted That all and euery such person persons as shall be conuicted or attainted for any offence made felony by the said act of 3. H. 7. or which shal be indicted or arraigned of or for any such offence and stand mute or make no direct answer or challenge peremptorily aboue the number of twenty shal in euery such case loose his and their benefit of clergy No Clergy allowed and shall suffer paines of death without clergy any former law c. notwithstanding Prouided alwaies That this act shall not extend to take away the benefit of Clergy but onely from such person and persons as hereafter shal be principals or procurers or accessaries before such offence committed St. 8. El. 3. 6 By a statute made AnnÌ 8. El. it was enacted Transporting of shéepe That no person or persons shall bring deliuer send receiue or take or procure to bee brought deliuered sent or receiued into any shippe or bottome any Rammes Shéepe or Lambes or any other kind of Sheepe being aliue to be conueyed out of any of the Quéenes dominions vpon paine that euery such person his aidors abbettors procurors and comforters shall for his first offence forfeit all his goods for euer to the Quéene and Informer that will sue for them in any Court of Record wherein no W. E. P. c. And further euery such offendor shall suffer imprisonment one whole yeare without baile or mainprise and at the yeares end shall in some market Towne in the fulnesse of the Market on the Market day haue his left hand cut off and that to be nailed vpon the openest place of such Market The second offence felony And euery person eftsoones offending against this statute shal be iudged a felon and shal suffer death as in cases of felony But this act shall not extend to any corruption of blood or be preiudiciall to any women claiming dower by or from any such offendor And the Iustices of Oyer Determiner Iust of Gaole deliuery and I. of P. in euery Countie and Shire within this Realme of England and Wales and other the Qu. Dominions shall haue full power and authoritie by vertue of this Act to enquire of euery offendor and offendors contrary to the forme and effect of this act and to heare and determine euery offence and offences committed done contrary to the forme and effect of the same according to the course of the laws of this Realme 7 For as much as
Sorcery whereby any person shall be killed destroyed wasted consumed pyned or lamed in his or her body Lex Athelstani 6. or any part thereof then euery such offendor or offendors their aydors abbettors and counsellors being of any the said offences duely and lawfully conuicted and attainted shall suffer paines of death as a felon or felons and shall loose the priuiledge and benefite of Clergie and Sanctuarie If any person or persons shall take vpon him or them by witchcraft Finding of treasure inchantment charme or sorcerie to tell or declare in what place any treasure of gold or siluer should or might be found or had in the earth or other secret places Or where goods or things lost or stollen should be found or become Declaring where goods lost should be found Prouoking to loue Destroying of any person or cattell Or to the intent to prouoke any person to vnlawfull loue Or whereby any cattell or goods of any person shal be destroyed wasted or impaired or to hurt or destroy any person in his or her bodie although the same be not effected and done Then all and euery such person and persons so offending and beeing thereof lawfully conuicted shall for the said offence suffer imprisonment by the space of one whole yeare without baile or mainprise and once in euery quarter of the said yeare shall in some market towne vpon the market day or at such time as any Faire shal be kept there stand openly vpon the Pillorie by the space of sixe houres and there shall openly confesse his or her error or offence If any person or persons being once conuicted of the same offences as is aforesaid doe eftsoones perpetrate and commit the like offence then euery such offendor being of any the said offences the second time lawfully and duly conuicted and attainted as is aforesaid shall suffer paines of death as a felon or felons and shall loose the benefite and priuiledge of Clergie and Sanctuarie sauing to the wife of such person as shall offend in any thing contrarie to this Act her title of Dower and also to the heire and successor of euery such person his and their title of inheritance succession and other rights as though no such attainder of the auncestor or predecessor had béene made Prouided alwayes That if the offendor in any the cases aforesaid shall happen to bee a Péere of the Realme then his triall therein to bee had by his Péeres as it is vsed in cases of Felony or Treason and not otherwise Hunting with Visors 30 By a Statute made Anno 1. H. 7. St. 1. H. 7. 7 it was ordained That at euery such time as any information shall be made of any vnlawfull hunting by night or with painted faces in Forrest Parke or Warren to any of the Kings Councell or to any Iustice of Peace of the Countie where such hunting shall be of any person suspected thereof It shall bee lawfull to any of the same Councell or Iustice of Peace to whom such information shall bee made to make a Warrant to the Shirife or to any Constable Baylife or other Officer of the same County to arrest and take the same person to haue him before the maker of the same Warrant or any other of the Kings councell or Iustice of Peace of the same Countie And the Counsellor or Iustice before whom such person shall bee brought shall haue power to examine him of the said hunting and of the doers thereof and if he conceale the offence or any offendor it is felony and if he confesse the truth and all that he shall be examined of and knoweth in that behalfe then the offence of hunting by him done shall be against the King but trespas fineable to be assessed at the next generall Sessions by the Iustices there And if any Rescous Rescous or disobedience be made to any person hauing authority to doe execution or iustice by any such warrant by any person which should be arrested so that execution of the same warrant be not had then the same rescous and disobedience shal be felony and the same felony shall be enquired of and determined as other felonies béene Twelue or aboue assembled together to change any law 31 By a Statute made Anno 1. Ma. 1. Eliz. it was ordained St. 1. M. 12 St. 1. El. 16 That if any persons to the number of twelue or aboue being assembled together shall intend goe about practise or put in vre with force of armes vnlawfully and of their owne authority to alter or change any lawes made or established for Religion by authoritie of Parliament which stand in force or any other Lawes or Statutes of this Realme or any of them the same number being commaunded or required by the Shirife of the Shire or by any Iustice of Peace of the same Shire or by the Mayor Shirife Iustices of Peace or Baylifes of any Citie Borough or Towne Corporate where any such assemblies shall be vnlawfully had or made by proclamation in the Quéenes name to retire and repaire to their owne houses and habitations or places from whence they came And they or any of them notwithstanding such proclamation shall remaine and make their abode or continue together by the space of one whole houre after such commaundement or request made by proclamation or after that shall willingly in forcible and riotous manner attempt to doe or put in vre any things aboue specified then as well euery such abode or continuing together as euerie such act or offence that after such commaundement or request by proclamation had or made shall bée attempted to bée done practised or put in vre by any persons being of the number aforesaid shall be adiudged Felonie in all and singular those persons that so shall make their abode and continue together or shall attempt or commit any such act And the offendors therein shall be adiudged Felons and shall suffer onely execution of death as in case of Felony If any persons to the sayd number of twelue or aboue shall intend Practising to destroy parks ponds conduits goe about practise or put in vre in manner and forme aforesayd to ouerthrow cut breake cast downe or digge vp the pales hedges ditches or other inclosure of any Parkes or Parke or other ground inclosed or the bankes of any Fish Pond or Poole or any Conduits for water Conduit heads or Conduit pipes hauing course for water to the intent that the same or any of them from henceforth should remaine open not inclosed or voyd Or vnlawfully to haue common or way in the sayd Parkes or Parke or other grounds or ground inclosed or in any of them or to destroy in manner and forme aforesayd the Déere in any Parkes or Parke or any Warreins or Warrein of Conies or any Doue-houses or any Fish in any Fish ponds or Poole or to pull or cut downe any Houses Barnes Mills or Bayes or to burne any stackes of corne or
attainted by Outlawrie to whom he is appealed or indicted as accessorie without hauing regard to the residue 41 To haue Processe awarded against the Enquest for the triall of the accessorie it is requisite that the attainder of the principall be in the same sute The attainder must be in the same sute in the which he and the accessorie be sued for if he be attainted in another sute that shall not enforce the accessorie to procéede with his Enquest vntill the principall which is sued with him doth appéere or be attainted by processe of outlawrie c. As in appeale of homicide against the principall and accessorie 7. H. 4. 36 and the principall before that time is attainted of the death of the same man vpon an indictment at the Kings sute And the accessory shall pleade for his owne discharge the acquitall of the principall in an other sute so that it be an acquitall for that offence for the which he is charged as accessorie 7. H. 4. 27 42 If the principall be attainted of the death of a man and then dieth The principall attainted and dieth and the Iustices before whom the accessorie is sued haue the record of the same attainder before them then they may procéede against the accessorie otherwise not for it doth by the Record appéere vnto them that hée which was appealed of the fact is by Lawe attainted of felonie according to the foresaid Statute of Westminster 1. though he was not executed therefore The principall standeth mute 43 And though the Lawe be Fit Cor. 58 that an Enquest shall not procéede against the accessorie to trie him vntill the principall doe appeare or be attainted by outlawrie yet if the principall doe appeare and will say nothing but stand mute the accessorie shall be arraigned Sed quaere for the principall is not attainted of felonie Error in the Attainder of the principall 44 If the Attainder of the principall be erronious 2. R. 3. 22. yet the accessorie shall be arraigned for the accessory shall take no aduantage of any errour committed in the attainder of the principall An absured accessorie returneth 45 If one do abiure as accessory and after doth returne againe Fi. Cor. 124 the principall not being attainted the accessorie shall be hanged for that he hath confessed the felonie before the Coroner and did returne without the Kings pardon or licence The accessory tried vpon his owne request 46 If the accessory of his owne desire wil wage battel before the principal be attainted and be subdued therein Fit Cor. 12 or will desire to haue an Enquest to try him before the principall be attainted and be found guiltie therefore In both these Cases he shall be hanged though by the Lawe he was not compellable to either of the said trialles vntill the principall had béene attainted for hée hath aduentured his life in hope to gaine his libertie 47 If the principall be found not guilty The principall found not guiltie by verdict Bracton the accessorie shall be discharged thereby for where there is no déeâe there can no force ayde or commaundement hurt in that the intended iniury tooke no effect So that the acquitall of the principall is in Lawe the acquitall of the accessorie The principall dieth in prison before attainder 48 If the principall can not be tried as if he die in prison before he be attainted of the felonie the accessorie shall be thereby discharged for there can none be found accessorie to a felonie Co. l. 4. 43 where there is none attainted to commit the same felonie But otherwise it is if the principall be attainted of the felonie and dieth there the accessorie shall be arraigned and hanged if he be found guiltie The principall attainted of an other felonie 49 If the principall be attainted of another felonie and hanged Fi. Cor. 378. before he is attainted of this felonie whereof he and the accessorie be indicted the accessorie to this felonie shall be discharged thereby And the same Lawe is if hee be attainted of the first felonie though he be not hanged because in that case after attainder he shall not answer to other felonies but onely to robberie and treason The principall slew the paâtie in his owne defence 50 If it be found by verdict that the principall slew him Fi. Cor. 116 of whose death he is arraigned in his owne defence the accessory shal be therby discharged And yet the principall shall be enforced to purchase his pardon But this pardon prooueth not that he is guilty in other maner than in his owne defence Notwithstanding in an other pardon it is otherwise for if a principall pleade his pardon to a felony generally without any special matter found which should cause the pardon 2. Ed. 3. 27 Fi. Cor. 260 3. Ass p. 14 42. Ass p. 16 and is by that discharged yet that will not discharge the Accessorie but he shall be hanged if he be found guiltie of the felonie for by that pardon the felony is confessed of the which felonie he praieth to be discharged by the Kings fauour and not by the benefit of lawe as he doth in the other case 3. H. 7. 12 10. H. 4. 5 13. Ed. 4. 3 Bro. Cor. 184 51 And in the like case and vpon the same reason The principall hath his clergie if the principall and accessorie be arraigned of felonie and both be found guilty and the principall doth pray and hath the benefit of his clergie yet the accessorie shal be hanged for by the praying of his clergie the felonie is confessed and the principall in this case is not saued by his innocencie but by a priuiledge in Lawe which the accessorie being no clarke cannot take the benefit of But it is otherwise if there be principall and accessorie and the principall is pardoned or hath his Clergie before iudgement Co. l. 4. 43 the accessorie shall not be arraigned for where there is no fact there is no force and where there is no principall The principall is pardoned or hath his clergie before iudgemeÌt there can be no accessorie and no man can be accompted principall before it be so prooued and adiudged by the Lawe and that must be by a iudgement vpon a verdict confession or outlawrie and it is not sufficient that indéed there be a principall vntil that appéereth by a iudgemeÌt in Law And the acceptance of pardon or the praying of his clergy is an argumeÌt but no iudgement in law that he is guiltie But if the principal after attainder be pardoned or hath his clergie alowed the accessory shal be arraigned and hanged if he be found guiltie for it doth appeare iudicially that he was principall 41. As p. 24 52 The acquitall of the principall is the acquitall of the accessorie as is asaide if it be not in an appeale where the accessorie is to recouer
the appeale be fresh and the signe of truth apparant by effusion of blood or an open outcrie leuied But if it be without any manifest token or outcrie two pledges shall suffice Within what time an appeale shal be commenced 33 The before mentioned Statute of Gloucester hath ordained St. 6. Ed. 1. 9 That an appeale shall not be abated for default of fresh sute where a man doth sue within a yéere and a day after the déede done These words of the Statute be generall not making mention more of an appeale of death than of an appeale of any other felonie But yet conferring them with the other words in the statute they may be intended specialy to extend to an appeale of death and to none other appeale for if a man that is robbed doth make fresh sute 7. H. 4 44. and doe his endeuour to apprehend the felon and vse all his diligence to find him although he doe not commence his appeale two or thrée yeares after the robberie committed yet he may then well pursue it And so in appeale of robberie fresh sute shall be decided by the discretion of the Iustices H. 22. Ed. 4 39. But in an appeale of death it is a good plea for the Defendant to pleade that he of whose death this appeale is pursued died aboue a yeare and a day before the said appeale commenced 34 The words of the foresaid Statute of Gloucester be St. 6. Ed. 1. 9 That a man shall pursue his Appeale within a yeare and day after the déed done From what time the yeare shal haue relation touching an appeale And therefore if one man doe strike another vpon one day and he dieth of the same stroake certaine daies after Co. l. 4. 42 the Appeale shal be commenced within the yeare and day after the death and not within the yeare and day after the stroake giuen for there was no felonie committed vntill the man was dead But yet if one maÌ doe giue to another a mortall wound in Februarie and the king doth in April next giue pardon to the offendor of all felonies before that time committed Plo. com f. 401 and the partie stricken doth die of the same wound in May following How the K. pardon shal haue relation this pardon shall discharge the offendor because the wound giuen by the offendor was the cause of the felonie the which wound was the offence towards the King and that the king hath pardoned and so thereby the death of the partie and all other things depending vpon the same offence be pardoned 35 Where the words of the Statute of Gloucester be The yere shall haue relation to that offeÌce That a man shall pursue his Appeale within a year and a day after the deed done St. 6. E. 1. 9. Those words viz. the déed done shal be intended of the felonie whereupon the appeale is commenced for if one be accessorie to another a yeare after the homicide or murder committed 26. Ass p. 52 an appeale shal be pursued against him and yet it is not within the yeare and day after the homicide or murder committed S. Br. 52. St. 3. E. 1. 13 36 It appeareth by Britton and also by the Statute of Westminster 1. that an appeale of Rape ought to be commenced within fourtie daies after the fact done Within what time an appeal of rape shal be commenced But then Rape was but a trespasse which after by the Statute of Westminster 2. was made felonie St. 13. E. 1. 34. In which Statute of Westminster 2. there is no time limited within the which a woman shal be compellable to pursue her Appeale of Rape And therefore it séemeth she is at libertie to bring it when she will so that it be within a reasonable time 18. Ed. 3. 32 37 An appeale ought to be brought in the Countie where the felonie was committed as if it be murder or homicide In what countie an appeale shal be brought where the same murder or homicide was done But if a man be striken in one county and then goeth into another countie and there dieth of the same wound by the common law an appeale may be commenced either in the countie where the stroake was giuen A man strickeÌ in one countie dieth in another or in the countie where the partie stricken did after die and the trial thereof shal be by the Iurors of both the counties 3. H. 7. 12. 4. H. 7. 18. viz. as well of the countie where he was stricken as of the countie where he died And so it was at the plaintifes pleasure to bring his appeale in which of those two couÌties he would But since by the Statutes of Anno 2. 3. E. 6. St. 2. 3. E. 6. 24. it is ordained That where any person shal be feloniously stricken or poisoned in one countie and die of the same stroake or poysoning in another countie then an indictment thereof found by Iurors of the countie where the death shall happen whether it be found before the Coroner vpon the sight of such dead bodie or before the Iustices of peace or other Iustices or Commissioners which shall haue authoritie to enquire of such offences shal be as good in law as if the stroake or poysoning had béene committed in the same countie where the partie shall die or where such inditement shal be found And such party to whom appeale of murder shal be giuen by the law may commence take and sue Appeale of murder in the same countie where the partie so feloniously stricken or poysoned shall die as well against the principal and principals as against euery accessorie to the same offences in whatsoeuer countie or place the accessorie shal be guiltie to the same And the Iustices before whom any such appeale shall be commenced sued and taken within the yeare and day after such murder manslaughter committed shall procéede against euery such accessorie in the same countie where such appeale shal be so taken in like manner and forme as if the same offence of accessorie had beene committed in the same countie where such appeale shal be so taken as well by the triall of the Iurors of the countie where such appeale shal be taken vpon the plea of not guiltie pleaded by such offendor Accessories in other offences sauing murder as otherwise But note that no Appeale is giuen by this Statute Stamford nor remedie prouided against accessories in a forreine countie of other felonies sauing for murder or manslaughter but the same is left to the common law In what couÌtie an appeale of Rape shall be brought 38 An appeale of Rape ought to be brought in the countie where the Rauishment was done And therefore if a man doe take a woman against her will in one countie and then carrie her into another countie and there doe rauish her the appeale shal be onely commenced in the
be passed And if the same Felons Murderers and Accessories or any of them so arraigned be acquited or the principall of the sayd felonie or any of them be attainted the wife or next heire to him so slaine as case shall require may take their Appeale of the same death and murder within the yeare and day after the same felonie and murder done against the said person so arraigned and acquit and all other their accessories or against the accessories of the sayd principall or any of them so attainted or against the sayd principall so attainted if they be then liuing and the benefit of the Clergie thereof before not had And the appellant shall haue such aduantages as if the sayd acquitall and attainder had not béene the acquitall or attainder notwithstanding The wife or heire of the person so slaine or murdered as case shall require may commence their Appeale in proper person at any time within the yeare after the felonie done before the Sherif and Coroners of the Countie where the sayd felony and murder was done or before the King in his Bench or Iustices of gaole deliuerie And though that by force of the sayd statute of 3. H. 7. at another time acquited is no plea in an Appeale of death at this day Another time acquit no plea in Appeale but in Indictment yet in an indictment of death it is a good plea to plead that he was at another time acquited in an Appeale brought of the same parties death S. Appeales 93. 48 And so it appeareth that the before rehearsed enormities that were at the common law and some others touching the indicting and arraigning of murderers and manquellers be remedied by the foresaid statute of 3. H. 7. but in other Appeales the rules of the common law doe continue in force For if a man be indicted of robberie and hee that was robbed hath an Appeale depending of the same robberie No indictmeÌt of robbery vntil the Appeal be tryed against the partie indicted in which Appeale he hath procéeded so farre that the Iust may perceiue that it is of the same robbery they ought to surcease to try the Appellée vpon the indictment 31. H. 6. 11 vntill the plaintife hath made his declaration For in an Appeale by writ the robbery cannot be certainly known vntil he hath made his declaration though it be otherwise in an Appeale commenced by bill 49 Though at another time conuicted or attainted of the same felony Another time conuict of the same felonie was and is a good plea for him that is the second time or more often indicted and arraigned againe vpon the same felony yet by the common law if one had béen indicted and arraigned of felonie and deliuered to the Ordinarie as a Clerke conuict and before he had made his purgation of the same felony he had broken the Ordinaries prison and escaped he might haue bin another time arraigned vpon the same indictment And it was no plea for him to plead Fitz. Cor. 232. that hee was another time conuict of the same felony and deliuered to the Ordinarie or that he was a Clerke and could not answer without his Ordinarie because hée remained vnpurged of the felonie and did loose the benefit of his Clergie by the breaking of prison And yet at that time if hee had not broken the Ordinaries prison but departed by his licence then at another time conuict shold haue bin a good plea for him vpon his second arraignmeÌt But now sithence by the stat of an 18. El. St. 18. El. 6. euery person which shal be admitted to haue the benefit of his clergie shal not therupoÌ be deliuered to the Ordinarie as hath bin accustomed but after such clergie allowed and burning in the hand shal forthwith be enlarged and deliuered out of prison by the Iust before whoÌ such clergy shal be granted Therefore at this day if one bee conuicted of felonie and hath the benefit of his Clergie Co. li. 4. 40. 45. and is burned in the hand if after in any case he shall be indicted and arraigned of the same felonie it shal be a good plea for him to plead that hée was another time conuict of the same felonie because the life of a man shall not be twice put in ieopardie for one offence yea though he shall breake the prison and depart from thence within that time after his conuiction which the Iustices shall thinke conuenient to detaine him in prison for his further correction for now he is not in prison for felonie but for correction 50 It is a good plea for him that is arraigned of felonie to plead that he is attainted of felonie Another time attainted of felonie and to demand iudgement if during this attainder he shal be put to answer to that felony whereof he is attainted or to any other felonie for if he should be put to answer no more could be recouered of him than is recouered 28. E. 3. 90 neither can he forf more than he hath forfeited hauing forfeited life lands goods and all that he hath and therefore it should bee to no purpose to trouble him any more But it is otherwise where it is to any end or purpose to put him to answer and plead againe to a new indictment as in some speciall cases it may be done As a man attainted of felony hath also committed treason at the time of the felonie committed in this case he shal answer to the treason for the K. aduantage 1. H. 6. 5. notwithstanding his attainder of felony before because if he be attainted of treason the king shall haue the escheat of his lands of whomsoeuer they be holden but if the treason were committed after the felony or at the least after the attainder of felony then it were otherwise for then the title which was vested in the chiefe Lord of whom his lands were holden 4. E. 4. 11. cannot be deuested by a matter accrued ex post facto And also where diuers men haue seuerall Appeals of robbery against one man though he be attainted at the suit of one of them yet to the intent that euerie of them may recouer his goods which were robbed and taken from him vpon his fresh suit hée shal be againe arraigned at euery of their suits And it is no plea for him in this case to plead that he was another time attainted of felony 51 In all cases where the defendant would discharge himselfe by pleading that he was attainted of another felony theÌ this whereof he is now arraigned The K. pardâ obiected against another time attainted it may be replied for the party or the king that after the same attainder the K. did pardon him that felony whereof he saith he was attainted and his attainder thereof 6. H. 4. 6. whereby he was restored to the law and so he ought to answer to all other felonies notwithstanding they were committed before this
may make relation of those offences and of the whole circumstances thereof Confession before the Coroner 4 There is also a third kinde of confession made by an offendor in felonie which is not in Court before the Iudge as the other two be but before the Coroner in a church or priuiledged place whereupon the offendor by the antient Lawe of this Realme is to make his abiuration out of the Realme Of which approuing and abiuration I will write in the two next chapters Approuer AN Approuer is a felon that hath committed a felonie Who is an Approuer and after confesseth the same and then doth appeale and accuse others who were helpers or coadiutours with him to commit the same felonie which thing being done he is thereby called an Approuer who in latine is termed Probator for that he must prooue that which is contained in his appeale or accusation And the proofe must be by battell or by the verdict of twelue men at the choice of him who is appealed And if he doe prooue it the kings of this Realme haue vsed to graunt him pardon of his life Britton because he doth fight for the peace of the Realme and doth deliuer the countrie of malefactors for he is to make couenant or promise to the Iudge who will be sutor to obtaine his pardon how many offendors he will conuince and accordingly he is to vanquish them in battell attaint them by verdict or cause them to flée and so by that meanes to become outlawes But yet he shall be banished the Realme Bracton de coronÌ c. 34. and not continue therein An Approuer banished though he would finde pledges for his good abearing 19. H. 6. 47. 12. Ed. 4. 10 Fi. Cor. 231 387. 2 A man imprisoned for felonie may approue of treason if he will Of what offeÌces approuement may be and in like sort he that is imprisoned for treason may approue of felonie if he wil for when the Iustices doe admit him to approue they doe sweare him vpon a booke to approue of all felonies and treasons that he doth knowe And yet many doe affirme that approuement must be onely of the thing whereof the approuer is indicted Bracton de coronÌ c. 33. 25. Ed. 3. 39 and of none other and of that treason or felonie which he himselfe with others did commit and that approuement of all other offences is voide As if one will appeale an other for robbing of him viz. of the Approuer it is voide Or if one will appeale an other for procuring the saide approuer to commit a felonie Or that where he the saide Approuer had committed a felonie the appellée knowing thereof did feloniously receiue him and comfort him 10. E. 4. 14. 40. Ass p. 39 it is voide because those offences hée could not commit for he could not robbe himselfe nor be accessorie to himselfe Sed de hijs quaere Quaere Séeing the approuer is sworne to approue of all the felonies and treasons that he doth know Approuement in an Indictment and not Appeale 3 A man may approue in an indictment of felonie 11. H. 7. 5. Fi. Cor. 113 but not in an appeale of felonie for if he should approue in an appeale of felonie he should thereby delay the Plaintife in the appeale to haue execution of him And in like sort if one that is indicted of felonie doth become an approuer and after an appeale is sued against him vpon the same indictment Fi. Cor. 442 in this case he shall surcease to procéede any further in his approuement But vpon an indictment of felonie the prisoner which is arraigned may confesse the felonie pray a Coroner and so approue And though some haue thought that if a prisoner be not indicted but doth stand at the barre as one that is to be deliuered by Proclamation if he will refuse the benefit thereof confesse a felonie Fi. Cor. 231 and pray to become an approuer that he shall be thereunto receiued And some others haue béene of opinion that if a man be in prison but for suspition of felony he may confesse the felony before a Coroner and become an approuer But that cannot be by the Lawe for a man cannot be attainted by his confession if he be not indicted or appealed thereof before and it is alwaies requisite for him which shal become an approuer An Approuer must confesse the felonie that his confession be made vpon such matter vpon which the Iudge at all times at his pleasure may giue iudgement to attaint him Before whom one may approue 4 One may become an approuer before those who haue authoritie to assigne him a Coroner as the Iustices of the Kings Bench the Iustices in Eire and the Iustices of gaole deliuerie But so can not Iustices of Peace and therefore a man can not become approuer before them 2. H. 4. 19. 9. H. 4. 1. Neither can a man become an approuer in a Court Baron before the Steward and Sutors Nor in the Countie court before the Shirife and Suitors Nor before any other speciall Iudge vnlesse his Commission doth extend thereunto How an Approuer shall vse himselfe 5 He that will become an approuer must when he is at the barre before the Iudge confesse the felonie whereof he is arraigned and pray that a Coroner may be assigned vnto him to heare his approuement or appeale against others for without confession of the offence whereof he is arraigned Fi. Cor. 441 2. H. 7. 3. 21. Ed. 3. 18 19. H. 6. 47. Fi. Cor. 440 he cannot pray a Coroner No approuement after pleading And this confession must be at the beginning before hée hath pleaded any plea to the contrary therof For if he will pleade not guilty he cannot after waiue that plea and confesse the felonie and pray a Coroner And the reason is because it cannot be intended that hée will proue that which he hath affirmed against others when he hath shewed himselfe so false and vnconstant in his answer before for he is called an Approuer viz. Probator to the intent that he shall prooue that which he alleadgeth against others whereof there is small hope to be conceiued when in the beginning he hath made a lie of himselfe for if he will haue his approuement allowed for good An Approuer must tell truth he must alwaies be found to speake trueth without any lying And when the Court doth perceiue that he hath made a lie 25. Ed. 3. 42 they presently take his approuement from him and giue iudgement that he shall be hanged As an approuer did appeale diuers and the Shirife and Coroners did testifie that there were none such in that countie and without further inquirie the approuer was adiudged to be hanged And if vpon the appeale of an approuer 21. H. 6. 34 processe be awarded against those which he doth appeale and the Shirife returneth non sunt inuenti
of treason or felonie which graunting of Pardon is one of the most ancient and honourable prerogatiues that is annexed to the Imperiall Crowne of this Realme being an authoritie in a sort to reuiue a dead man and to continue him in life whom the Lawe adiudged to die And it is only granted vpon a good hope that the king hath of the amendment of the life of that subiect who hath offended his lawes and whose crime his owne conscience doth assure him that he may pardon notwithstanding his othe taken at his coronation which othe is that he will to the vttermost of his power cause equall and right iustice to be done in all iudgements and discretion in mercy and truth for as Bracton Bracton saith The King at his coronation The Kings oath at his coronation by an oathe taken in the name of Iesus Christ the sonne of God ought to promise his subiects thrée things The first that he will commaund and doe his whole indeuour during his raigne that true peace may be performed to the Church of God and all his people The second that he will by all meanes restraine euery kind of rapine and oppression The third that in all Iudgements he will commaund iustice and mercie to be obserued that by his mercifull dealing with others the God of mercie may take commiseration vpon him and that by his iustice all his people may enioy peace 2 Because authoritie to remitt and pardon Treasons Murders Manslaughters and other felonies with diuers others of the most ancient prerogatiues and authorities of Iustice appertaining to the imperiall Crowne of this Realme were seuered and taken from the saide Crowne by sundrie gifts of the Kings of this Realme to the great diminution and detriment of the royall estate of the same and to the hindrance and delay of iustifie For reformation whereof by a statute made Anno 27. H. 8. St. 27. H. 8. 25. it was enacted That no person or persons of what estate or degree soeuer they be shall haue anie power or authoritie to pardon or remit any treasons None but the king shal pardon treasons felonies c. murders manslaughters or felonies whatsoeuer they be nor any accessories to any treasons murders manslaughters or felonies or any outlawries for any such offences aforesaid committed done or diuulged by or against any person or persons in any parts of this Realme or Wales or the Marches of the same But that the King his heires and successors kings of this Realme shall haue the whole and sole power and authoritie thereof vnited and knit to the imperiall crowne of this realme as of good right and equitie it appertaineth any graunts vsages Acts of parliament or any other thing to the contrary notwithstanding 3 But because the Kings of this Realme haue not had that circumspection in graunting of pardons which Bracton doth thinke fit and haue béene many times deceiued in their grants by false suggestions and for that offendors in times past were greatly encouraged and lesse feared to offend in respect that pardons of manslaughters robberies felonies and other trespasses against the Peace were so easily graunted For the redresse whereof by a statute made Anno 2. Ed. 3. St. 2. Ed. 3. 2 it was ordained In which cases onely the K. may grant pardon of felonie c. That no such charters should be graunted but where the King may doe it by his oathe that is to say in case where a man doth kill an other in his owne defence or by misfortune which laide Statute was after rehearsed and confirmed by an other Statute made Anno 4. Ed. 3. St. 4. E. 3. 13 And also by another Statute made Anno 14. Ed. 3. St. 14. Ed. 3. 10. the effect of the same was rehearsed and confirmed and it was moreouer ordained That if any charter of pardon were from thenceforth graunted contrarie to the purport of the said Statutes that then the same should be accompted as voide 4 And though there be wordes large enough in the foresaide Statutes to make frustrate all those charters of pardon which be graunted against the forme of the same Statutes Non obstante in a pardon yet by putting into the Charters of pardon these wordes viz. Non obstante aliquo statuto actu ordinatione in contrarium edito the force of those Statutes be cleane taken away and not onely of those but also of all other in which this clause of Non obstante is inserted for it is a dispensation of the Statute and commonly put in euerie Letters patents But because the Kings of this Realme were oft times deceiued in granting of charters of pardon by the false and vntrue suggestion of others Therefore to auoide those abuses by a Statute made Anno 27. Ed. 3. St. 27. E. 3. 2 it was accorded That in euery charter of pardon of felonie The suggestion comprised in the pardon which shall be graunted at the suggestion of any person the suggestion and the name of him that maketh it shall be comprised in the same charter And if after the suggestion be found vntrue the Charter shall be disallowed and accounted nothing worth And the Iustices before whom such Charters shall be alleaged shall enquire of the same suggestions and if they finde them vntrue they shall disallow the Charters and procéede further as the Lawe requireth 5 Because the Commons did complaine in Parliament of the outrages mischiefes and dammages which did come to the Realme by treasons murders rauishments of women commonly done committed and the rather for that charters of pardon were too easily granted thereof and did desire the King that such charters of pardon might no more be granted in those Cases Whereunto the K. did answer that he would yéeld to their petition sauing the prerogatiue and regal authority which his progenitors before that time had And to the intent that the King would be certainely informed before of what offences he did graunt pardon Therefore by a Statute made Anno 13. R. 2. St. 13. R. 1. 1 Stat. 2. the King did graunt with the assent of the Parliament That no Charter of pardon shall be allowed before any Iustice for murder The offences shall be specified in the pardon for the death of a man slaine by awaite assault or malice prepensed treason or rape of a woman vnlesse the same murder death of a man slaine by awaite assault or malice prepensed treason or rape of a woman be specified in the same Charter And if a Charter of the death of a man be alleadged before any Iustice in which Charter it is not specified that hée of whose death any such is arraigned was murdered or slaine by awaite assault or malice prepensed the same Iustices shall enquire by a good Enquest of the visne where the dead was slaine if hée were murdered or slaine by awaite assault or malice prepensed And if they shall find that he was murdered or
murderer was voide and consequently the finding of the flying The diffrence of the Coroners and the Iustices authoritie But if one man be indicted of felonie as principall and another as accessorie after the offence committed before Iustices and the principall is attainted by verdict and the accessorie is acquitte and it is found that hée did flie for the felonie he shall forfeit his goodes for that Iustices assigned haue authority to enquire as well of accessories after the felonie committed as of accessories before the felonie The forfeture for petit larcenie 4 If one be indicted but of petit larceny Fi. Cor. 406 and vpon his arraignement be thereof acquit and it is found that hée did flée for the felonie he shall forfeit his goods And likewise if he be attainted of petit larceny he shall forfeit his goods but not his lands 5 This flying away whereupon the forfeiture of goods doth ensue may be as well where the offendor doth flie before arrest Forfeiture vpon flying before arrest as where he doth flie after arrest as if a man that is vehemently suspected to haue committed a murder or other felonie is attempted to be arrested by the Shirife Coroner or anie others and hée doth flie away and is pursued and because hée will not yéelde himselfe to the Kings peace Fi. Cor. 289 290. 312. and be taken is slaine in the pursuite by those that would haue arrested him or by some others that did come to assist them and that be presented of record before the Iustices hauing authoritie to enquire thereof Forfeiture without attainder In this Case his goodes shall be forfeit to the King although being slaine hée could neither be acquit nor attainted of the felonie whereof hée was suspected And yet if this man had béene taken aliue and that it had béene found that he had fled for the felonie 42. As p. 5. if hée had not also béene indited of the felonie hée should haue forfeited nothing for without an indictment it could not be prooued that a felonie was committed and he could not flie for a felonie if none such were done S. Bra. 30. 22. Ass p. 81 41. Ass p. 13 Co. l. 5. 110 6 If Processe be awarded vpon an appeale or indictment of felonie against any person who doth absent himselfe and not appeare vntill the Exigent shall be awarded against him Forfeiture vpon the Exigent awarded this long absence which is a flieing in Lawe shall cause him to forfeit his goodes although after he be acquit of the felonie And the reason is for that it doth appeare of Record that hée did flie or withdraw himselfe when he absented himselfe vntill the Exigent was awarded against him But if he hath any reasonable excuse of his absence as that he was in prison at the time of the Exigent awarded or beyond the Sea Fitz. forf 19. 31. or such like reasonable excuse then he shall not forfeit his goodes and yet if the Defendant in an appeale were out of prison at the time of the awarding of the Exigent against him and after when the Outlawrie was pronounced against him he was in prison by his imprisonment he may reuerse the Outlawrie but he can not reuerse the awarding of the Exigent which was lawfully awarded against him whereupon the forfeiture of his goods did accrue to the King And the like Lawe is if the King had pardoned the felonie before the Exigent awarded and the offendor had found suretie in the Chauncerie according to the Statute of Anno 10. Edw. 3. 3. yet if the Exigent were after awarded against the offendor 43. E. 3. 18. the offendors goodes should not be forfeited for it doth appeare of Record for what cause the goodes were saued viz. because the felonie was pardoned and therefore the awarding of the Exigent against him vpon an indictment of felonie is reuersable whereupon he should forfeit his goods 7 If an appeale be pursued against two viz. against one of them as principall and against the other as accessorie and the Exigent is awarded against the accessorie 43. Ed. 3. 17 before the principall is outlawed the accessorie shall not forfeit his goodes St. 3. E. 1. 14 though hée did flie for the felony for the Statute of Westminster 1. hath ordained That no person shall be outlawed vpon appeale of commaundement force aide or receipt vntill the principall shall be attainted No forfeiture by the accessorie vntil the principall be attainted And yet the appellor shall not let to attach his appeale at the next Countie as well against the accessorie as against the principall But the Exigent against the accessorie shall staie vntill the principall be attainted by Outlawrie or otherwise But this is intended of an appeale commenced by Bill and not by Writ for in an appeale by Writ it doth not appeare who is principall and who is accessorie 43. Ed. 3. 17. vntill the appellant hath declared against them Forfeiture notwithstanding apparance and pleading 8 If an Exigent be well awarded against the defendant 43. Ed. 3. 17. and then hée doth appeare and the appellant doth count against him notwithstanding there be a default in the Writte or Count whereuppon the Writte doth abate yet the defendants goodes shall be forfeit for by the awarding of the Exigent the goodes shall be forfeit and no Count which the plaintife can make after shall cause the defendant to haue his goods againe And when the defendant hath appeared and pleaded the processe is determined which processe is the Kings title and thereunto the defendant hath made no aunswer The forfeture of a Clarke conuict 9 A Clarke conuict shall forfeit his goodes viz. he that is indicted or appealed of felonie and thereunto pleadeth Not guiltie and vppon his arraignement doth desire to be tried by his Countrie which findeth him guiltie of the felonie and then hée praieth his Clergie before iudgement of death is giuen against him is called a Clarke conuict He that committeth homicide by misaduenture Pomicide by misaduenture shall forfeit his goodes 4. H. 7. 2. And so shall hée which doth kill a man in his owne defence Killing in his owne defence forfeit his goods And likewise he that killeth himselfe and is felo de se Felo de se shall forfeit his goodes And he that being indited of felonie will stand mute Standing mute not answer directly or challenge peremptorily aboue twentie persons shall forfeit his goodes Forfeiting of a right or action 10 In some cases an offendor shall forfeit a right or a thing whereof hée hath no possession but onely an action or title thereunto As if goodes be wrongfully taken or holden from the possession of the owner and after the owner is attainted of treason or felonie those goodes shall be forfeited to the King 6. H. 7. 9. and the Court of the Kings Exchequer may award processe
not yéeld to be iustified and tried by the Law but will either kill himselfe or giue cause to other men to slay him Fi. Cor. 289 290 312. S. Br. 5. for resisting and not submitting his obedience to the Law then he shal forfeit his goods so that this offence be found and presented by twelue men before the Coroner or some Iustices after his death for in this case the default is in the offendor and not in the Law that he came not to lawfull triall of his offence for the law requireth no more but that the supposed offendor shal be safely kept sub custodia legis by imprisonment or maineprise vntill it be tried whether he be an offendor or not But though the person thus slaine shall for his disobedience forfeit his goods béeing not attainted either of treason or felonie yet in the like case he shall not forfeit his lands if hee bee slaine in arresting or after arrest or otherwise die before he be attainted St. 34. E. 3. 12. as it appeareth by the Stat. of anÌ 34. Ed. 3. 12. which hath established That for forfeitures of dead persons not attainted nor adiudged in their liues their heires or land-tenants shall not be impeached or challenged nor of any other forfeiture except the forfeitures in old time adiudged after the death of the persons by presentment in Eyre or in the Kings bench or of felons of themselues or others And yet some doe affirme if a man doe leuie warre or open rebellion against the King or is assistant to his enemies in the field and then is slaine in battell he shall forfeit his lands goods And others doe adde thereunto that the same his Treason and manner of death must also after his death be found by a Iurie super visum corporis Co. li. 4. 57 Pl. Com. 262. 263. before the chiefe Iustice of England being the soueraigne Coroner of the realm and he must returne it into the Kings Bench and make a Record therof and then that person shall forfeit his lands and goods And vpon those words of the sayd Statute of 34. Ed. 3. viz. Except the forfeitures in old time adiudged after the death of the persons by presentment in Eire or in the Kings Bench or c. some doe inferre that if a presentment in Eire or in the Kings Bench be made of such an open rebellion and battell thereupon foughten and of those that manifestly shewing themselues to bée open enemies or rebels to the King were slaine therein that by the words of the same Statute they shall forfeit their lands But if a man bée arrested for counterfeiting the K. great or priuie Seale for forging of his money or for a priuy conspiracie of the death of the King or c. and is slaine in resisting the said arrest or for a rescous attempted before or after the sayd arrest hee shall forfeit his goods but not his lands And if he bée arrested for any of the sayd offences and committed to prison for the same and after doth dye in prison before he bee attainted of any of the sayd offences he shall neither forfeit lands nor goods though he be taken with the manoure viz. found hand hauing and backe bearing for though it is a mischiefe that a man committing high Treason shall forfeit neither life lands or goods yet the law doth rather beare with that mischiefe than to suffer such an inconuenience that a man onely accused or but only a supposed offendor should bée attainted and forfeit his lands and goods where being preuented by death viz. by the hand of God hee cannot come to answer and defend himselfe and by that meanes cannot bée condemned by such lawfull tryall which is meant and specified in the before rehearsed Statute of Magna charta But for the auoiding of questioÌ and doubt in the case aforesaid they which haue béene knowne parties to such open and manifest rebellions St. 29. H. 6. 1 St. 12. El. 16 St. 29. El. 1 St. 35. El. 5. St. 3. Iac. 2. haue béen of late yeares attainted by Act of Parliament and their lands and goods giuen as forfeit to the King As it appeareth by the stat of Anno 29. H. 6. 13. El. 29. El. 35. El. 3. Iac. The forf of the yeare day and wast 31 There is another forfeiture besides the losse of life lands annuities Fi. Cor. 310 290. 327. and goods wherewith the law hath deuised to punish those that doe commit petit Treason or Felonie and be attainted thereof which is called in Latine the forfeiture of Diem annum vastum the forfeiture of the yeare day and wast which is executed vpon the houses and lands of the offendor that be holden of any other sauing of the king That is the felons houses and lands shall bée seised into the Kings hands where they shall remaine by the space of a yeare and day and then the houses shall be throwne downe to the ground the trées shall be pulled vp by the roots the medowes shal be ploughed vp and all things which the felon did build or plant shal be cast downe digged vp Fitz. Cor. 358. and supplanted Which punishment was ordained in despight of offendors and to shew to others how much the law doth detest murderers committers of burglarie robberie and other felonies and as much as may be to terrifie and discourage others to attempt or practise the like 32 It appeareth by Bracton that by the common law the King should haue had but onely the wast of a Felons lands viz. the benefit to pull downe his houses root vp his trées plough vp his medowes and such other commodities as he could haue raised by spoyling and wasting of the felons houses trées and lands and that then the land so wasted should haue béene presently deliuered to the Lord of the fée of whom the same lands were holden which wast and spoyle was then made without redemption And after by a composition made betwéene the King and the Lords it was agréed By what means the K. came by the yere day and wast That the King should haue the benefit of the felons lands a yeare and a day to redeeme the spoyle and wast which hée might make of the sayd felons lands And the K. graunt by the great Charter made Anno 9. H. 3. St. 9. H. 4. 3 22. tendeth to the same effect viz. Wee will not hold the lands of those that bée conuict of felonie but a yere and a day and then they shall bée deliuered to the Lords of the fées And so it séemeth that King Henrie the third and King Edward the first did hold themselues satisfied with the yeare and day of the felons lands without taking the wast thereof St. 17. E. 2. 16 But after Anno 17. Ed. 2. the Kings Prerogatiues royall béeing expressed or enacted by Parliament amongst others it is ordayned That the King shall haue all the goods of felons which be
6. 28 for then was not the plaintife lawfully acquit according to the Statute of Westminst 2. Iudgement in conspiracie 12 When any is conuict in a writ of Conspiracie at the suit of the partie the iudgement is none other but that the plaintife shall recouer his damages 43. E. 3. 33. and that the defendants shall bée taken But if one be indicted and conuicted of conspiracie at the Kings suit the iudgement is more grieuous for then the iudgement is That they shall loose their frée law to the intent 27. As p. 59 46. As p. 11. 24. E. 3. 34. that they shall not after that time be put in Iuries or Assises nor otherwise produced as witnesses to testifie truth and if they haue to do in the Kings Court they shall make their Attourney to sue for them and that they shall not approach within twelue miles of the Kings Court and that their lands goods and cattels shall bée seised into the Kings hand and their houses wasted and their wiues and children thrust out of doores and their trées pulled vp by the rootes and their bodies taken and imprisoned And this is tearmed a villainous iudgement because it bringeth villanie and shame to him that receiueth it 13 And because that wicked offence of conspiracie should bee inquired of and punished as well by indictment as by writ there was a Statute made Anno 28. Ed. 1. called Articuli super chartas whereby it was ordayned St. 28. E. 1. That in right of Conspirators false informers and imbracers of Enquests Assises and Iuries the King hath prouided remedie by a Writ out of the Chauncery And from henceforth the King will that his Iustices of the one Bench the other and the Iust assigned to take Assises Inquirie of Conspiracies by Iustices when they come into the countrey to do their office shall make enquiry thereof at any mans plaint without writ Register fo 118. and shall without delay do right to the plaintifes And the Iustices may be commaunded by a writ directed vnto them out of the Chancery to execute the same statute although the statute of it selfe is a sufficient warrant and authoritie for them so to doe which remedie mentioned in the foresaid statute was intended to be ordained by another statute called the statute of Conspirators St. 20. E. 1. made Anno 20. Edw. 1. at Berwike vpon Tweed which doth prouide a writ of Conspiracie against conspirators maintainers of false quarels and champertors and expresseth the forme of that writ St. 28. Ed. 1 14 But because the foresayd Statute of Articuli super chartas did prouide onely a remedie at the plaint of the partie and did not giue the Iustices in the sayd Statute mentioned power to enquire of heare and determine conspiracies at the suit of the King neither did it giue authoritie to the said Iustices to adiourne the suit if for shortnesse of time it could not be determined in the countrey St. 4. E. 3. 11. Therefore by a statute made Anno 4. Edw. 3. Inquirie of conspirators at K. or parties suit the same enormities were redressed by these words viz. Where in times past diuers people of the Realme as well great as other haue made alliances confederacies and conspiracies to maintaine parties pleas and quarels whereby diuers haue béene wrongfully disherited and some ransomed and destroyed and some for feare beeing maymed and beaten durst not sue for their right nor complaine nor the Iurors of Enquests giue their verdicts to the great hurt of the people and slaunder of the Law and common right Therefore it is agréed that the Iustices of the one Bench and of the other and the Iustices assigned to take Assises whensoeuer they come to hold their Sessions to take Enquests vpon Nisi prius shall enquire heare and determine as well at the Kings suit as at the suit of the partie of such maintainers bearers and conspirators and also of champertors and of all other things contained in the sayd Article as well as Iustices in Eire should doe if they were in the same Countie And that which cannot be determined before the Iustices of the one Bench or of the other vpon the Nisi prius for shortnesse of time shall be adiourned into the places whereof they be Iustices and there shall be determined according to right and reason 15 Notwithstanding the foresaid Statutes there were such deuises and practises to execute malice and reuenge and desire to put others in perill of their liues lands and goods that some would frame indictments or appeales against others of the K. good and obedient subiects of Treason Felony or trespas in seuerall forrein counties liberties and franchises where the said persons did neuer dwel nor conuerse and there they were pursued to the Exigent and sometime outlawed before that they could know of it For the remedie whereof there was a stat St. 8. H. 6. 10 made Anno 8. H. 6. wherein amongst other things it was enacted That if any person shall be indicted or appealed of felony Procurers of an indictment or appeale in a forrein county treason or trespas in a forein county he shal in an action vpon the case recouer treble damages against euery procurer of such indictment or appeale after hee is duly acquited by verdict And the like proces shal be in the same as in an action of Trespas vi armis S. Appeales 61. An offence supposed to be in a place where there is none such 16 Because diuers people vpon malice enuie and desire of reuenge did ofttime cause the K. liege people to be appealed or indicted in diuers counties of Treasons or Felonies supposing by the said appeals or indictments that the said Treasons or Felonies were committed in one certaine place whereas there is no such place within the said county where the said indictmeÌt is found nor any such place in the county as is declared by the said Appeale Therefore by the stat made anno 7. H. 5. anno 9. H. 5. anno 18. H. 6. it was ordained St. 9. H. 5. 1. St. 18. H. 6. 12. That the said Appeals and indictments and the proces thereupon shal be void and adiudged of no force And that the said Appellées and Indictées may haue their writs of Conspiracie against their indictors procurors and conspirators and recouer their damages And that the indictors procurors and conspirators shal be punished by imprisonment fine and ransome for the K. aduantage by the Iustices discretion ⧠The Coroner and his Authoritie and dutie in Felonies c. 1 A Coroner is an antient officer of trust in this realm The Coroners Office ordained to be a principall preseruer and kéeper of the peace to make record of the pleas of the Crown and of his owne view and of abiurations and of outlawries and of Appeales and accusations of felons made before him and of nonsuits of plaintifes in Appeales and of all
within the sayd Palaces or other the sayd houses at any time committed And if any person or persons bée indicted by the sayd Iurie so sworne before them as is aforesaid or by Inquisition before the Coroner of the sayd houshold and certified before the sayd Lord Steward or in his absence before the sayd Treasorer Comptroller and Steward of the Marshalsey or two of them whereof the sayd Steward of the Marshalsey to bee one Then immediatly the said Lord Steward or c. Treasorer Comptroller and Steward of the Marshalsey or two of them whereof c. before whom the sayd Presentment Inquisition or Indictment shall bée so found or certified by the sayd Coroner shall arraigne before them euerie such person so indicted according to the course of the common law and forthwith after issue ioyned betwéene the King and the prisoner so arraigned the same day and place or any other shall make another Precept to the sayd Clerks Comptrollers Clerkes of the Checke and Clerkes Marshals of the said houshold or to one of them to summon and returne one Iurie of foure and twenty persons to appeare before the sayd Lord Steward or c. Treasorer Comptroller and Steward of the Marshalsey or two of them whereof the sayd Steward of the Marshalsey to be one at such day time and place and vpon such paine as shal be then limited of the Serieants and Gentlemen Officers of the Kings chamber and of the sayd houshold which shall take wages by the K. Checke roll And the sayd Steward or c. Treasorer Comptroller and Steward of the sayd Marshalsey or two of them whereof the sayd Steward to be one before whom such Iurie shall bée so returned shall cause twelue of the same Iurie to bée sworne truely to try between the King and such person as shall bée so indictected and arraigned of such Treasons Misprisions of treasons Murders Manslaughters and other malitious strikings by reason whereof bloud shall bee shed against the Kings peace or any of them And if any such person or persons so arraigned be found guiltie of any Treason Misprision of Treason Murders or Manslaughters then hee shall haue iudgement of life and member and suffer such paines of death and shall forfeit all their mannors lands tenements goods and cattels in like manner as if the same person and persons had beene found guiltie of any of the sayd offences by the order of the common law without the benefit of Clergie or Sanctuarie Prouided alwayes that the tryall of Peeres for any offence before mentioned shal be as it hath beene vsed in times past St. 3. H. 7. 14 5 By the stat made Anno 3. H. 7. it was ordayned That the Steward Treasorer Iudges of conspiracie in the K. house and Comptroller of the Kings house for the time beeing or one of them shall haue authoritie to inquire by twelue sad men and discréet persons of the Checke rol of the Kings houshould if any seruant admitted to be his seruant sworne and his name put in the Checke roll of his houshold whatsoeuer he be seruing in any office or roome reputed and taken vnder the estate of a Lord make any confederacies coÌpassings conspiracies or imaginations with any person or persons to destroy or murder the K. or any Lord of this realm or any other person sworne to the kings Counsel Steward Treasorer or Comptroller of the Kings house And if it be found before the said Steward for the time being by the said xij sad men that any such of the K. seruants as is abouesaid hath confederat compassed conspired or imagined as is abouesaid hee so found by the inquirie shall bee put thereupon to answer And the Steward Treasorer and Comptroller or two of them haue power to determine the same matter according to the law and if he put him in tryall then it shall bée tryed by other twelue sad men of the said houshold And if such misdoers shall be found guiltie by confession or otherwise the said offence shall be iudged felonie S. Felonie by Stat. 1. Iudges within the Verge 6 The Iustices of the Kings Bench the Iustices of Oyer and Terminer Co. li. 4. 47. Iustices of Gaole deliuerie and Iustices of Peace haue power to inquire heare and determine all murders and felonies within the Verge for that their authoritie and iurisdiction is generall through the whole countie and so it hath beene alwayes vsed 7 The Iustices of the Kings Bench Iudges of the K. Bench. without hauing Commission may heaâe and determine all maner of Treasons and Felonies And by the Stat. of Anno 35. H. 8. Anno 5. Ed. 6. it is enacted St. 35. H. 8. 2 St. 5. E. 6. 11 That all manner of offences being alreadie made or declared or hereafter to be made or declared by any laws and statutes of this Realme to be Treasons Misprisions of Treasons or concealments of Treasons done perpetrated or committed or hereafter to bee done Iudges of Treasons committed beyond the Sea perpetrated or committed by any person or persons out of this Realme of England shall bee inquired of heard and determined before the Kings Iustices of his Bench for Pleas to be holden before himselfe Dy. fol. 287 298. by good and lawfull men of the same Shire where the sayd Bench shall sit and be kept or else before such Commissioners and in such Shire of this Realme as shall bée assigned by the Kings Commission and by good and lawful men of the same Shire in like manner and forme to all intents and purposes as if such Treasons Misprisions of Treasons and concealements of Treasons had béene done and committed within the same Shire where they shal be so inquired of heard and determined Prouided alwayes that if any Peeres of this Realme shal be indicted of any such Treasons or other offences then they shall haue their triall by their Péeres as heretofore hath béene accustomed 8 By the Stat. intituled De finibus St. 27. E. 1. 2. St. 4. E. 3. 2 made Anno 27. Ed. 1. and also by the stat of Anno 4. E. 3. it is ordayned That good and discréet persons other than of the Benches Iudges of gaole deliuery if they may be found sufficient shal be assigned in all the shires of England to take Assises Iuries Certifications and to deliuer the gaoles And the Iustices assigned to deliuer the gaoles shall haue power to deliuer the same gaoles of those that shal be indicted before the gardeins of the peace And the said gardeins shall send their indictments before the Iustices And they shall haue authoritie to inquire of Sherifes Gaolers and others in whose ward such indicted persons shal be if they make deliuerance or let to mainprise any so indicted which be not mainpernable and to punish the said Sherifes Gaolers St. 3. H. 7. 1 and others offending against this Act. And by the stat of An. 3. H. 7. it is
and suffer such pains of death losses of lands goods and cattels as if they had béen conuicted of any treasons felonies robberies or other the said offences done vpon the land without benefit of Clergie or Sanctuarie Prouided alwayes that this Act shall not extend or be preiudiciall to any person or persons for taking of any victuals Taking things vpon necessitie gables ropes anchors or sayles which any such person or persons compelled by necessitie taketh of or in any ship which may conueniently spare the same so the same person or persons pay out of hand for the same victuall gables ropes anchors or sayles mony or mony worth to the value of the thing so taken or doe deliuer for the same a sufficient bill obligatorie to bée payd in forme following viz. if the taking of the same things bée on this side the straits of Marrok then to bée payd within foure monethes and it beyond the said Straits then to be paid within twelue monethes next ensuing the making of the sayd bill And that the makers of the sayd bils well and truely pay the same debt at the day to be limited within the said bills Prouidâd alwayes Commissions directed into the fine ports that whensoeuer any such Commission for the punishment of the offences aforesayd or of any of them shal be directed or sent to any place within the iurisdiction of the fiue Ports that then euery such Commission shall bee directed vnto the Lord Warden of the sayd Ports for the time being or to his deputie and vnto thrée or foure such other persons as the Lord Chauncellor for the time béeing shall appoint And that when any Commission shall be directed vnto the fiue Ports for the inquisition and tryall of any of the offences expressed in this Act that euerie such inquisition and tryall to be had by vertue of such Commission shall be made and had by the inhabitants in the said fiue ports or the members therof Any thing in this Act to the contrarie notwithstanding So much of this stat as concerneth the triall of treasons is altered by the stat of Anno 1. 2. P. M. 10. and the same made triable onely by the course of the common law St. 18. E. 3. 2 12 The Iustices of peace of euery county by vertue of the K. commission to them directed and by force of the stat of Anno 18. Ed. 3. be Iudges in felonie Iust of peace Iudges in felonie and haue authoritie to heare and determine felonies the words of which stat be these viz. Two or thrée of the most worthy men of counties shal be assigned kéepers of the peace by the K. commission and at what time need shall bée the same with otherwise and learned in the law shall be appointed by the K. commission to heare and determine felonies and trespasses done against the peace in the same county and to execute punishment reasonably according to law reason and the maner of the fact And the words of the kings commission which doth authorize Iustices of peace to be Iudges of Felonie and to heare and determin felonies amongst others be these viz. Iacobus Dei gratia Angliae The words of the commission of the peace Scotiae Franciae Hiberniae Rex fidei defensor c. Praedilectis A. B. C. D. E. H. c. Salutem Sciatis quod assignauimus vos quoslibet duos vel plures vestrum Quorum aliquem vestrum A. B. C. D. vnum esse volumus Iustitiarios nostros ad pacem nostram in comitatu nostro Buckingham conseruandam ad inquirendum per sacramentum proborum legalium hominum de comitatu praedicto per quos rei veritas melius sciri poterit de omnibus omnimodis felonijs transgressionibus c. ac de omnibus singulis alijs malefactis offensis de quibus Iustitiarij nostri pacis legitimè inquirere possunt aut debent per quoscunque aut qualitercunque in Comitatu praedicto factis siue perpetratis Vel quae in posterum ibidem fieri vel attemptari contigerit c. Et ad omnia singula Felonias c. indictamenta praedicta ceteraque omnia singula praemissa secundum leges statuta Regni nostri Angliae prout in huiusmodi casu fieri consueuit debuit audiendum terminandum And though it doth plainely appeare by the words of the foresayd Commission that the King doth giue authoritie to Iustices of Peace to inquire of heare and determine all manner of Felonies viz. as well of such as bée made Felonies by Statute as of such offences as were Felonies by the Common law yet because there hath béene a scruple and question moued by some that the foresaid Statute of Anno 18. Edw. 3. did meane and was to bee expounded to giue authoritie to Iustices of Peace to inquire of heare and determine those felonies onely which were at the time of the making of that Statute felonies viz. That were felonies by the Common law and not to giue them authoritie to inquire of heare and determine those offences as felonies which were made felonies by seuerall Statutes ordained sithence that time and that the Kings Commission authorised by that Statute did giue them no further authoritie than that Statute meant Therefore not to adde to the law but to satisfie euerie reader and to make that thing more plaine and perspicuous to all men which to some did séeme doubtfull the makers of the stat of anno 8. El. 3. touching the transporting of shéepe and of the stat of anno 25. H. 8. 6. ordained against buggery and of the stat of anno 18. H. 6. 19. established to punish Souldiers that depart from their Captains without licence and of the stat of an 39. El. 4. an 1. Iac. 7. touching dangerous and incorrigible rogues and of the stat prouided an 39. El. 17. against wandering souldiers and mariners and of the stat of an 22. H. 8. 11. established against the cutting downe of powdike and of the stat of an 43. El. 13. enacted against the carrying away of any persons against their wils out of Cumberland Northumberland Westmerland or the Bishopricke of Durham did by speciall words ordaine that the I. of the peace of the counties wherein any of the foresaid seuerall offences were committed should haue authoritie at their generall Quarter Sessions to inquire of heare and determine the said offences And the like authoritie was giuen by the said seuerall stat to the Iust of Assise and Iust of Gaole deliuerie to inquire of heare and determine the said offences in the counties where the same were committed within their seuerall commissions And by the stat of an 1. E. 4. it waâ ordained That the I. of peace of euery county St. 1. E. 4. 2 shal haue authoritie and power to arraigne and deliuer all person and persons indicted or presented befor the Sherifes Vndersherifes their Clerks Bailifs or Ministers
or any of them in their Turnes or Lawdayes And as of other felonies 3. H. 7. 5. 5. E. 6. D. 69 9. H. 4. 1. so I. of peace may inquire of murder Murder because wilfull murder is felony But Iust of peace cannot inquire of treason Treason for neither the before mentioned stat of 18. E. 3. nor the words of their commission do authorise them so to do The Lord of a Mannor Iudge in felonie 13 There be some that haue libertie of Soc and Sac Tol and Them Bracton de Corona cap. 35. 2. R. 3. 10. Infangthéefe and Outfangthéefe these in their own courts may giue iudgement of him who is found within their liberty possessed of any manifest theft as if he be hand hauing and back bearing and that Sathaber viz. he whose the goods be do pursue him Kel fol. 150 for vnlesse he be in possession of the goods though another doth pursue him as a théefe yet that Court Hundred or Wapentake cannot hold plea of such a theft nor make inquirie by the Countrey whether such a man which was not possessed of the goods bee culpable or not Neither shall any wage battell without possession It is called Infangtheefe Infangthéefe where a Theefe is taken possessed of goods stolne within any such Manor or Libertie who is commorant and dwelling within the same libertie and one of the said Lords owne people Outfangthéefe Outfangthéef is a théefe that is a stranger comming from some other place into the Mannor of the Lord who hath such a libertie and is there taken with the manoure And yet he that hath such a libertie cannot fetch one of his owne people who hath committed larcenie out of his libertie and bring him into his libertie and iudge him there according to his libertie for euery person must receiue the punishment of the law where he hath offended the law But he may giue iudgement as well against his own people as against strangers committing larcenie that be taken within his libertie 46. Ed. 3. 15 14. H. 4. 15 And in this libertie of Infangthéefe and Outfangthéefe and in waife and stray and wreck of the sea a man may prescribe but so he cannot do in goods of felons and fugitiues for they do belong to the Crowne and cannot passe without the Kings graunt Fitz. Prescription 65 14 The custome of some countrey is such A felon first executed and then iudged that if one hath committed burglarie or other felonie and he be pursued by huy and cry from towne to town and so taken flying he must be beheaded in the presence of the inhabitants of foure townes and so by the vsage of that countrey he is accounted a felon And this must be recorded in the Coroners roll and after the Coroner must present it before the Iustices and they will adiudge him a felon And so he must be first put to death and after iudged a felon FINIS ⧠The generall Titles of this Booke 1MEnace Assault Batterie Jmprisonment Maiheming 2 Riots Routs vnlawfull and rebellious Assemblies 3 Force and Forcible Entries and Forcible detaining of possessions 4 Forgerie 5 Periurie and Subornation of Witnesse 6 Maintenance Champertie Embracerie 7 Deceit Couin Collusion Fraud 8 Extortion Exaction 9 Oppression 10 Treasons 11 Homicides 12 Felonies by the common Law 13 Felonies by Statute 14 Principall and Accessorie 15 Breaking of Prison and Rescous 16 Escapes of Felons 17 Pursute by Huy and Cry 18 Appeales of Felony 19 Jndictments 20 Mainprise and Bayle 21 Confession of the offence 22 Approuer 23 Sanctuarie and Abiuration 24 Pleading not guilty 25 Triall of the plea of not guilty by Battell 26 Triall by Peeres 27 Triall by the Countrey 28 Challenges 29 Euidence 30 The Verdict 31 Clergie 32 The Kings Pardon 33 Standing mute or answering indirectly 34 Judgement and Execution 35 Forfeitures for Treason or Felony 36 Corruption of Blood 37 Restitution of stolne goods 38 Dammages in an Appeale 39 A Writ of Conspiracie 40 The Coroner and his authority and dutie in Felonies 41 Who shall be Judge in Treason and Felonie ⧠A briefe effect of euery Braunch or Chapter in this Treatise Menace Assault Batterie Imprisonment Maiheming Fol. 1. 1 THe euill fruits of menaces Menacers shal be imprisoned The enormitie of libelling and defaming 2 The differences of Menacing Assault and Batterie 3 The declaration in trespas of menacing A rebuke accounted a Menace or Assault 4 Menacing a seruant wherby he departeth out of seruice 5 Menacing a tenant whereby he departeth from his tenancie Menacing of a Lords Freeholder 6 Menacing which is iustifiable 7 Menacing by going or riding armed 8 Wearing of a priuie coat a Menace 9 Labourers shall weare no weapons to preuent Menaces 10 Assurances made by Menace 11 What is an assault What is a batterie 12 Iustifying of beating in his owne defence Barre in trespas of Assault and Batterie 13 Iustifying of beating in defence of others The mastârs remedy for beating of his seruant 14 Batterie in defence of his goods Battery in defence of his land lease or way 15 Batterie in resisting of a Iustice of Peace 16 A Schoolemaster beateth his Sholler 17 A Master beateth his Prentice 18 Beating of a man that is franticke 19 Beating of one that will not yeeld to arrest 20 Beating of a seruant departing out of seruice Beating of a Ward 21 Commaundement of Batterie 22 Battery or hurting at some exercise or disport 23 Battery by whipping of a vagabond Punishments by the order of Law 24 Battery for disobeying of a writ or warrant 25 Arresting one in a Church that is doing diuine seruice 26 Disturbing of a Preacher in his Sermon 27 Chiding in a Church or Churchyard Smiting in a church or churchyard Drawing or smiting with a weapon in a Church or c. 28 Drawing of blood within the kings palace 29 Assaulting one which commeth to the Parliament Assaulting the seruant of a Parliament man The liberty of the Clergie at a Conuocation house touching assaults 30 Assaulting a Iudge or Iuror Striking in time or place of iustice 31 Arresting by watchmen 32 Trespas for a battery before Outlawrie 33 A man first indicted for batterie and after sued for the same 34 What imprisonment is Voluntary consent no cause of imprisonment 35 Imprisonment by the commandement of the king or his Iustices c. 36 Imprisonment for notorious and grieuous offences 37 Imprisonment for offences done vi armis 38 Imprisonment for Riots 39 Imprisonment for holding land with force 40 Imprisonment of one that is pursued by huy and cry 41 Imprisonment of him that doth breake the peace Arresting of suspected persons 42 Imprisoning of him that doth attempt to rob 43 Assisting him to arrest that hath a warrant 44 Breaking of a house to arrest in what case lawfull 45 The shirife doth arrest and doth not returne his writ 46 Arresting vpon suspition of felony Causes of suspition of felony
hath possession sueth a Writ of Forcible Entry 21 Forcible entry of a Rent or Common 22 Forcible entry to the vse of another Forcible detaining by words onely 23 Iointenants or Tenants in common expelling each other by force 24 Who may bring a Writ of Entry vpon the Statute of 5. Richard 2. 25 Turning a water-course by force 26 The plea of not guiltie in Forcible entry The finding of the speciall matter doth charge or discharge the defendant of force Presentment of Forcible entry 27 One action for entring and detaining with force 28 A writ vpon the Statute of North-hampton 29 What shal be said to be force Force by number of seruants Force by number of weapons 30 Who may make a Forcible entry 31 What force is lawfull to the persons of men 32 Where the house of a man may be broken by force where not 33 A particular person may defend himselfe and his by force 34 The Writ of Vi laica remouenda 35 Where force shal be remoued for the K. Incumbent where not Forgerie Fol. 43. 1 Forgerie Periurie and Maintenance doe tend to the breach of the Peace 2 The enormitie of Forgerie A repeale of former Statutes of Forgerie 3 Forging of deeds whereby anothers landes shall bee troubled 4 Forging a deed whereby a lease or annuity may be claimed 5 Seuerall remedies against a forger 6 A forger not twice punished for one offence 7 The plaintifes release of forgerie shall only discharge his own remedy 8 The punishment for the second offence of forgery 9 The Iustices of Assise shall heare and determine forgery 10 Forging of deedes before the statute of 5. El. Pleading of a forged deed made before the said statute 11 Persons not chargeable of forgerie by the said stat of 5. El. 12 Forging of a customarie booke 13 The proces to leuie costes and damages of a forger 14 The kings pardon of forgerie 15 Forging of a Testament 16 Inserting more in a wil then is directed 17 Pleas in barre of forgerie 18 Where one shall haue an action of Forgery though he hath but a right to the land 19 Where no title to land lease c. no action of forgery 20 Forging of a deed touching iointenants lands 21 One sealeth a deed by anothers commaundement 22 One forgeth a deed and another doth publish it 23 Forgery by antedating of a deed 24 Getting of other mens goods by forged letters or tokens 25 Suspected persons of that kind of forgerie called before the Iustices 26 Forging of a Testimoniall Periurie Subornation Fol. 48. 1 Truth is to be tried by the oathes of men The credit of an oath 2 What sorts of persons are to be deposed and what not 3 All the parties to the execution of iustice sworne Causes of suspition in Sherifes in impanelling of Iurors 4 Euery Iuror ought to be an honest and lawfull man Challenges of Iurors suspected 5 A witnesse cannot be a Iuror 6 Periury suspected by deliuery of his verdict before hand 7 Periury suspected by lying at the charge of one of the parties 8 Periury suspected by beeing an arbitrator in the cause in question 9 Periury suspected by combination 10 Periury suspected if one of the parties and a Iuror bee in suit of law 11 Periury suspected for that the Iuror passed against him before 12 Periurie suspected in respect of subiection or gouernement 13 Periurie suspected in respect of alliance kinred or profit One godfather to the others child 14 Periury suspected in respect of ignorance of the cause Want of Hundredors Want of the View 15 Periurie suspected in respect of the pouertie of the Iurors 16 The iudgement in an Attaint at the common law against a Iury proued periured 17 The iudgement in an Attaint in London An Attaint where the thing in question amounteth to 40. pouÌds and where not 18 The meaning to commit Periurie punished Decies tantum Embraceors 19 The punishment of Periurie committed by an Enquest in Wales 20 Periury committed by witnesses A witnesse vpon proces serued shall appeare 21 The penalty for procuring of vnlawfull Periury 22 The penalty for committing of wilfull Periury 23 In what Courts Periurie shal be punished 24 Proclamation of the statute of Periury 25 Periury punished in the spirituall Court 26 Periurie punished in the Starre-chamber 27 Periurie punished in Bankrupts Periury committed by witnesses for Bankrupts 28 Periury committed vpon an indictment of Riot Periury vpon an indictment of Felony 29 Periury in prouing a Suggestion for a prohibition 30 A suit vpon Periury in the Chauncerie 31 Where Periury shall be punished in the temporall court and where in the spirituall Maintenance Champertie Embracerie and buying of Titles Fol. 56. 1 What Maintenance is and the enormitie thereof 2 Maintenance by men of authority 3 Maintenance by combination Maintenance by Noblemens officers 4 Maintenance by champerty Who be champertors Pleaders may giue counsell for their fees The punishmeÌt of champertors 5 What is Champerty and what not 6 Maintenance by Embracery Maintenance by Iurors The penalty of maintenance in Iurors and Embraceors 7 Maintenance punished by the writ of Decies tantum 8 Maintenance by Ambidexter 9 Maintenance of suits in law and the penalties thereof 10 Maintenance by buying of pretenced Titles 11 What is selling of a pretenced Title What is a pretenced Title 12 Maintenance by giuing of liueries and retaining of seruants or officers 13 The publishing inquiring of and punishment of Maintenance 14 Why the pursuing of maintenance is left out of the statute of 18. Eliz. 15 Assurances to haue maintenance void Lands gotten by force assured to haue maintenance 16 What maintenance is punishable and what iustifiable 17 It is no maintenance in a Iuror for giuing of his verdict Maintenance in a Iuror by suing for iudgement 18 What is Maintenance in a Iuror and what not 19 Maintenance by speaking of words Maintenance by comming to the barre with one of the parties 20 Maintenance by giuing of money to labour a Iury. 21 What is maintenance in witnesses and what not 22 Maintenance by procuring of an Indictment 23 What is maintenance in a Mainpernor 24 Maintenance in respect of his interest in the land Maintenance in respect of his possibility to haue the land Maintenance in respect of his warranty 25 Maintenance in respect of his rent A Lord may maintaine his tenant 26 Maintenance in respect of his debt 27 Maintenance in respect of his title to goods Maintenance by detaining of a writing deliuered in trust 28 Maintenance in respect of his ioint estate with others Maintenance by all the inhabitants of a parish 29 Maintenance of the poore in their suits Clerkes Counsellours and Atturneyes assigned to aid the poore 30 Maintenance in respect of kinred or alliance Vnlawfull maintenance is continuall during that suit Maintenance in respect of Gossiprie 31 Maintenance in respect the party could not speake English 32 Maintenance in a professor of the Law 33 Maintenance by an Atturney 34
Lord shall haue a Writ of Escheat and where he may enter 52 The forme of a Writ of Escheat 53 The kings remedy for lands escheated vnto him An office for those lands which doe escheat for Felony 54 The wiues forfeiture of title of Dower 55 What the appellee that wageth battell shall forfeit 56 A Rent-charge pro consilio not forfeited 57 The forfeitures of an outlaw Corruption of Blood Fol. 239. 1 Corruption of Blood salued by Parliament only 2 Where corruption of blood shall preiudice tenant by the courtesie 3 The eldest sonne attainted during his fathers life 4 Where attainder but no corruption of blood Restitution of stolne goods Fol. 240. 1 Restitution of goods vpon Fresh suit 2 What conuiction shal be sufficient to giue the owner restitution of his goods 3 Where the owner shall haue restitution 4 Before whom and by whom inquirie of Fresh suit is to bee made 5 Restitution vpon attainder by indictment Damages in Appeale Fol. 242. 1 The punishment of the appellant and the abettors when the appellee is acquit No Essoine for the appellant in an appeale of death 2 The appeale must bee commenced vpon malice 3 The statute of 13. Ed. 1. extendeth to all Felons 4 The defendant in an appeale acquited by battell 5 Where the accessarie in an Appeale shall recouer dammages 6 Where the defendant is said to acquit himselfe in due manner and where not 7 Acquitall at the Kings suit is only in appeale 8 What Iustices may inflict the penaltie vpon the Appellant 9 The dammages for seuerall persons assessed seuerally 10 Where the appellant shall pay a fine to the king 11 In what cases inquiry shall be made for the abettors 12 What pleas the abettors may plead 13 Proces against the abettors Nonsute in the proces against the abettors 14 A writ against the abettors by the appellee 15 Procurers of indictments for suits in spirituall courts A Writ of Conspiracie Fol. 245. 1 In what case a Writ of Conspiracie doth lye 2 Conspiracie maintenable vpon an acquitall in an indictment or appeale 3 The indictment must be false which giueth the Writ of Conspiracie 4 Conspiracie doubtfull whether true or false 5 The conspirators do become indictors A Iustice of Peace A giuer of Euidence 6 Who be conspirators 7 A Conspiracie must bee by more then one Where only one shal be charged in Conspiracie 8 No Writ of Conspiracie against the Husband and the Wife 9 The forme of the Writ of Conspiracie 10 The writ of Conspiracy for the accessarie 11 Barres in a writ of Conspiracie 12 Iudgement in Conspiracie A villanous iudgement 13 Inquiry of Conspiracie by Iustices 14 Inquiry of Conspirators at the kings or parties suit 15 Procurers of an indictment or an appeale in a forraine county 16 An offence supposed to bee done in a place where there is none such The Coroner and his authoritie and dutie in Felonies c. Fol. 249. 1 The office and duty of a Coroner 2 The Writ de Coronatore Eligendo 3 Who shall be Coroners and by whom they shal be chosen 4 Whether Coroners ought to be knights 5 Causes to remoue a Coroner 6 Where a Coroner shall haue fee and where not 7 What things Coroners shall inquire of 8 A Coroner shall execute his Office in his owne person A Cââoner shall see the dead body A body buried taken vp againe 9 A Coroner must presently doe his office 10 A Coroner shall onely enquire of the death of a man A man slaine in an arme of the Sea A Coroner concealing or not apprehending a Felon 11 The force of a Coroners Record Which Coroners Record shall be preferred Abiuring before the Coroner Confession of breaking of Prison before the Coroner 12 Who ought to appeare vpon the Coroners Inquisition 13 The Coronour with the Sherife may take Appeales 14 Stopping vp of a place of daunger by the Coroners commaundement 15 Where the presence of all the Coroners is requisite and where but some one of them 16 The Coroner must record the euidence and bind the party to giue it 17 Inquiry of a man slaine within the Kings House and Verge 18 One man Coroner of the Kinges House and the Countie Who shall be Judge in Treason and Felony Fol. 253. 1 The King ought not to bee iudge in Treason or Felony What men of condition Iudges ought to be 2 None shall make Iudges but the King 3 Iudges vpon the arraignement of the Peeres of the Realme 4 Iudges of offences that are done in the Kings Pallace 5 Iudges of Conspiracies made to destroy the King or any Lord c. 6 Iudges within the Verge 7 Iudges of Treason committed out of the Realme 8 Iustices of Gaole deliuerie Iudges in Felony 9 Iudges of Nisi prius Iudges in Felony c. 10 Speciall commissioners Iudges at the arraignement of a Murderer 11 Iudges of piracie or offences done vpon the sea 12 Iustices of Peace Iudges in Felony 13 The Lord of a Mannour Iudge in Felony Infangtheefe Outfangtheefe 14 A Felon first executed and then iudged FINIS
enquest of twelue women before the Iustices 22. As p. 71 25. Ed. 3. 42. 12. As p. 11 23. As p. 2. Fitz. Cor. 240. 253. who being then sworne to examine and trie the trueth shall take that woman into a chamber and search and trie whether she be quicke with childe or not and if she be found to be quicke with childe then execution of her shall be staied vntill she shall be deliuered But if shée be not quicke with child she shal be hanged presently for it will not auaile her to be yong with childe And yet whether shée be with child or not Iudgement shall not be delayed but shal be presently giuen against her that she shal be hanged but only the execution of that iudgement shal be stayed If after she is repried and deliuered of her childe and before the next Gaole deliuerie she be with child againe though she be quicke with childe execution shall not be staied but she shal be put to execution presently And yet in that case the truth of the matter being inquired of and found the shirife marshall or gaoler which had the custodie of her shal be fined for kéeping her so slackly that shée had the company of a man 13 If a man attainted of felonie be adiudged to be hanged Fi. Cor. 335 and the sherife doth carrie him to the place of execution and doth hang him and he breaketh the Rope and falleth downe before he be dead A man hanged falleth downe before he be dead In this case the sherife must take him and hang him againe for his iudgement is that he shal be carried to the place of execution and there be hanged vntill he be dead And so vntill he be dead the iudgement is not fully executed ⧠Forfeiture AFter an offendor is attainted of treason or felonie A felon shal forfeit lands and goods and hath had iudgement of death hée shall presently thereby forfeit his goods and also his lands sauing in certaine cases hereafter expressed though it be not mentioned in the iudgement And notwithstanding there is a difference betwéene treason and felonie concerning the forfeiture of lands yet touching the forfeiture of goodes they be all one for they shall be forfeited to the King St. 17. Ed. 2 16 as it appeareth by the Statute intituled Prerogatiua Regis which hath ordained That the King shall haue all the goodes of felons which be condemned and which be fugitiue wheresoeuer they be found and if they haue any fréeholde it shall be forthwith seised into the Kings hands and the King shall haue the profites thereof by the space of a yéere and a day and the land shall be wasted and destroyed in the houses woodes and gardeins and in all things belonging to the same except men of certaine priuiledged places And after the King hath had the yeare day and waste the land shall be restored to the chiefe Lord of the same Fée vnlesse that before hée redéeme the same yéere day and waste of the King by payment of a fine But there is a custome in the countie of Gloucester that after a yeare and day the lands and tenements of felons in that Shire shall reuert and be restored to the next heire to whom they ought to haue descended if the felonie had not béene committed And in Kent in Gauelkinde the Father to the Bough the Sonne to the Plough there all the heires males shall diuide their inheritaunce and likewise women but women shall not make partition with men And a woman after the death of her husband shall be endowed of the moitie And if a woman doe committe fornication in her widdowhoode or take any husband she shall loose her Dower 22. As p. 96 Fit forfeiture 35. 2 A man being indicted before the Coroner of the death of an other man Forfeiture of goods and if it be further found by the same indictment that hée did flie for the said felonie although after he be acquitte of the same felonie 7. Eli. 35. Dy. 238. Co. l. 5. 109 and notwithstanding that the Enquest which did acquitte him doe say that he did not flie for the felonie yet his goodes shall be forfeited to the King For the King shal take holde of that Record which is most for his benefit and that is the Coroners Record And in like sort if one that is indicted of felonie Fitz. forf 32. Fi. Cor. 290 344. is acquitte thereof by verdict Flying for felonie if the Iury which did acquitte him will say that he did flie for the felonie he shall forfeit his goodes which he had at the time of the verdict giuen which being an auncient lawe of this Realme is grounded vpon this reason that notwithstanding his acquitall of the felonie yet he is to be suspected of the felonie for the vehement presumption which is risen of him as well in respect of his flying away as by the indictment And though the Enquest which did finde that he fled for the felonie be as touching that part of their verdict but an Enquest of office yet it is not trauersable because it is onely touching goodes for the which goodes no trauerse against the King is allowed by the Lawe for the Lawe doth accompt goodes inter minima de minimis non curat lex And though goods be in comparison of mans life or his lands in the eie of the Lawe called and accompted Minima yet they be not of so small value or so little to be regarded but the Iudge or the Coroner ought with all due circumspection foresée that the Iurie be not vpon ignoraunce or small euidence seduced to finde an vntrueth to the vtter vndooing of the partie indicted or accused Fi. Cor. 308 338. And in like sort if a man be indicted and arraigned of felonie and it is found by the Enquest or the Coroners Roll that hée fledde for the felonie he shall forfeit his goodes though hée hath the Kings pardon of the felonie for the charter of pardon doth containe the presumption of him that he is guiltie of the felonie An accessorie fled for the felonie 3 If a man be indited before the Coroner as accessorie to the death of an other man and it be found that he fled for the felonie 4. H. 7. 18 in this Case hée shall forfeit his goodes if hée were accessorie before the felonie committed But if it be found before the Coroner that hée was accessorie to the felonie after the offence committed and that he fled for the felonie hée shall not forfeit his goodes for the Coroner hath no authoritie to meddle with any that was accessorie after the homicide committed but onely with such by whose meanes the dead man was slaine or who were the causes of his death which the accessorie after the offence committed could not be And therefore when hée indicted one for receiuing of a murderer and that he fled this inditement of the receipt of the