he shall incurre a Praemunire and for the third shall be adjudged guilty of high Treason But this offence must be prosecuted within one yeare after it is committed See 26. V. If he be a Clergy-man Beneficed upon the first conviction all his Spirituall promotions shall be void VI. If he be imprisoned for this offence committed by words onely and be not indicted for the same within six months after it is committed he shall be set at liberty VII If a Peere of the Realme happen to be guilty of this offence he shall be tried by his Peeres VIII And here for the better observance of this Law was the oath of Supremacy established in these words following I. A. B. do utterly testifie and declare in my conscience that the Queenes Highnesse is the onely supreme Governour of this Realme and of all other her Highnesse Dominions and Countries as well in all Spirituall or Ecclesiasticall things or cases as Temporall and that no forraigne Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiasticall or Spirituall within this Realme and therefore I do utterly renounce and forsake all fonaigne Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall beare faith and true Allegiance to the Queenes Highnesse her Heires and lawfull Successors and to my power shall assist and defend all Jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Queens Highnesse her Heires and Successors or united and annexed to the Imperiall Crowne of this Realme So help me God and by the Contents of this Book IX Stat. 5. El. 1. None shall maintaine the Jurisdiction of the Bishop or See of Rome within any of the Queenes dominions in paine to incurre a Praemunire X. Just of Ass and Justices of Pain Sess or any two of them 1. Qu. have power to heare and determine this offence and are to certifie such presentments into the Kings Bench within 40. dayes after they receive them if it shall be then Terme time if not then the first day of the Terme then next insuing in paine of 100. l. The Justices of the Kings Bench also as well upon such Certificate as also before themselves have power to heare and determine the same offence XI None compellable to take the oath of Supremacy by this Act or by that of 1. El. 1. which see in the Statutes at large shall refuse to take it accordingly in paine to incurre a Praemunire XII If any refuse to take the same Oath upon the second tender or being formerly convicted of maintaining the jurisdiction of the Bishop or See of Rome as aforesaid do commit the like offence the second time in both these cases they shall suffer as in case of high Treason But here there shall be no corruption of Bloud disheriting of any heire forfeiture of Dower or prejudice to the right of any save onely of the offender during his life XIII This Act shall be published every Qu. Sess by the Cl. of the P. and at every Leete by the Steward there and once every Terme in the open Hall of every Inne of Court and Chancery at such times and by such persons as shall be appointed by the Lord Chancellor or Keeper for the time being XIV None of or above the degree of a Baron shall be compellable to take this oath And here also a Peere offending shall be tried be his Peeres Provided that none shall be compellable to take this oath upon a second tender or be in danger by the refusall thereof to incurre the penalty of high Treason save only Clergy-men Officers of Ecclesiasticall Courts or such as shall not observe the Rites of Divine Service do deprave by words or writing the Rites and Ceremonies of the Church of England or do use to say or heare private Masse XV. It shall not be lawfull to slay one attainted in Praemunire S. after 26. XVI Stat. 13. El. 2. It shall be high Treason to obtaine oor put in ure any Bull of Absolution or reconciliation from the Bishop of Rome or to absolve or be absolved thereby XVII The comforters and maintatiners of such offenders shall incurre a Praemunire and their concealers misprision of Treason unlesse within six weeks they discover them to some of the Privy Councell or to one of the Presidents or Vice-Presidents of the Councels established in the North or Marches of Wales XVIII If any shall bring into any of the Queens Dominions any Agnus Dei Crosses Prictures Beads or any such vaine or superstitious thing or deliver or offer the same to any person to be used both the person so doing and the person so receiving the same shall incurre a Praemunire howbeit if the party unto whom tender thereof shall be made apprehend the pary tendring the same and carry him before the next Just of P. or not being able so to do within three dayes after discloseth his name and the place of his abode or resort unto the Ordinary or some Justice of P. within the same County or having received the same doth within one day after deliver it to some such Justice of peace then shall he not incurre any prejudice by reason of this Act. XIX A Just of P. shall disclose the offences aforesaid to the Privy Councell within 14. dayes after he shall have notice of them in paine to incurre a Praemunire XX. Here the triall of a Nobleman shall be by Peeres See after 26. XXI Stat. 23. El. 1. It shall be high Treason to have or pretend to have power or to put in practise to absolve perswade or withdraw any within the Queenes dominions from their naturall obedience to her majesty or to withdraw them for that intent from the Religion now established to the Romish Religion And them also which shall be willingly so withdrawne or reconciled as aforesaid and ther procurers and counsellors thereunto shall be adjudged guilty of the same offence XXII If any having notice of the said offences do not discover them within 20. dayes to some Just of P. or other such Officer he shall be adjudge guilty of misprision of Treason XXIII None shall say or sing Masse in paine to forfeit 200. marks to suffer one yeares imprisonment and not to be enlarged thence till that fine be paid And none shall heare Masse in paine of onw whole yeares imprisonment and 100. marks XXIV Every person not repairing to Church according to the Stat. of 1. El. 2. which see in Sacraments 24. shall forfeit 20. l. for every month they so make default and if they so forbeare by the space of twelve months after certificate thereof made by the Ordinary into the Kings Bench a Justice of Assise G. D. or Peace of the County where they dwell shall binde them with two sufficient sureties in 200 abl at least to the good behaviour from which they shall not be released untill they shall repaire to Church according to the said
offenders as in Actions of Trespasse XVI Stat. 27. El. 12. Every under-Sheriffe before he intermeddles with his Office shall before one of the Justices of Ass or the Custos Rotulorum of the County or two Justices of Peacethere 1. Qu. take the oath of Supremacy which see in Recusants 8. and also the oath hereunder written in paine to forfeit treble damages to the party grieved if he commit any act contrary to the same oathes or either of them XVII The forme of the other oath is as followeth I A. B. shall not use or exercise the Office of under-Sheriffe corruptly during the time that I shall remaine therein neither shall or will accept receive or take by any colour meanes or devise whatsoever or consent to the taking of any manner of fee or reward of any person or persons for the Impanelling or returning of any Inquest Jurie or Tales in any Court of Record for the King or betwixt party and party above two shillings or the value thereof and such fees as are allowed and appointed for the same by the Laws and Statutes of this Realme But will according to my power truly and indifferently with convenient speed impanell all Jurors and returne all such Writ or Writs touching the same as shall appertaine to be done by my duty or Office during the time that I shall remaine in the said Office So help me God XVIII No Bailiffe of a Franchise Deputy or Clerk of a Sheriffe or under-Sheriffe shall intermeddle with their severall Offices before they have taken the said Oaths as aforesaid altering onely the termes of Office in paine to forfeit 40. l. to be divided betwixt the King and the prosecutor XIX Justices of Ass and Just of P. in Sess have power to heare and determine the defaults and offences aforesaid and upon conviction to award Processe accordingly XX. Stat. 29. El. 4. No Sheriffe under-Sheriffe Bailiffe of a Liberty or any of their Deputies shall either directly or indirectly take more for serving an extent or execution then after the rate of 12. d. for every pound under 100. l. and 6. d. for every pound above 100. l. in paine to forfeit treble damages to the party grieved and besides 40. l. to be divided betwixt the Queen and the prosecutor XXI This Act shall not extend to fees for Executions within Cities or Corporations S. Bailement 2. Indictments 5. Jurors Justices of P. 18. Ship-Wrights S. Labourers 46. Shoo-makers S. Leather Silver S. Gold Skinners S. Labourers 53. Souldiers S. Captaines Stabbing S. Clergie 18 19. Stewards of Courts S. Justices of P. 14 16 28. Strangers S. Aliens Supersedeas I. Stat. 21. Jac. 8. Processe of the Peace or good behaviour shall not issue out of the Chancery or Kings Bench but upon motion in open Court and good cause alledged upon oath which shall also be endorced upon the Writ Howbeit if that cause shall be afterwards disproved the Judge or Judges of the said Courts respectively shall commit the offender to prison till he pay the party grieved all his costs and damages II. All Writs of Supersedeas shall be void unlesse such Processe be likewise granted upon motion as aforesaid and upon such sufficient sureties as shall appeare to the Court upon oath to be Subsidie-men assessed at 5. l. lands or 10. l. goods and also unlesse the prosecution against the party for the Peace or good behaviour be bona fide And here false sureties procured for the gaining of such Writs shall be punished by the Judges III. Certioraries shall not be allowed unlesse the Indictee will become bound with sufficient sureties such as the Justices of P. in Sess shall think fit to pay to the prosecutor within one month after conviction such costs and damages as the said Justices shall assesse Sunday S. Holy-dayes Leather 32. Recusants Swans S. Hawks 7.20 Swearing Cursing I. Stat. 21. Jac. 20. If any shall sweare or curse within the hearing of a Justice of P. or shall be convicted thereof by his own confession or the evidence of two witnesses upon oath before the same Justice they shall forfeit 12. d. to the use of the poore where the offence shall be committed to be levied by the Const Churchw and Overs of the poore there upon warrant from such Justice by distresse and sale of goods And in defect of distresse if the offender be above 12. yeares old he shall upon warrant as aforesaid be set in the stocks three houres but if under then shall he be whipped by the Constable or by the Parent or Master in the Constables presence II. Here if an Officer be sued for the due execution of his Office he may plead the generall Issue and yet give speciall matter in evidence III. This offence shall be complained off and proved as aforesaid within twenty dayes after it is committed And this Act shall be read in every Church twice in the yeare upon Sunday after evening prayer Tanner S. Leather Testimoniall S. Labourers 9 10 11. Tiles I. Stat. 17. E. 4.4 Tile-earth shall be cast up before the first of November stirred and turned before the first of February and not made into Tile before the first of March And shall likewise be well tried and severed from stones malme marle and chalke II. A plaine Tile shall containe in length ten Inches and an halfe in breadth six Inches and a quarter and in thicknesse halfe an Inch and halfe a quarter at least A Roofe or Creast-Tile in length thirteen Inches and in thicknesse as before with convenient deepnesse accordingly A Gutter and Corner-Tile in length ten Inches and an halfe with convenient thicknesse breadth and deepnesse III. If any shall sell Tile otherwise made he shall forfeit to the buyer the double value thereof to be recovered by action of debt and besides shall make fine and ransome at the Kings will IV. Justices of P. shall hear and determine these defaults and offences as well at the suit of the King as of the party grieved and shall not set lesse fine upon an offender against this act then after the rate of v. s. for every thousand of plain tile vi s. viii d. for every hundred of roof-tile and ii s. for every hundred of corner or gutter-tile V. The said Justices have also authority to appoint searchers of Tile who shall diligently execute that office in paine to forfeit to the King for every default x. s. and shall have of every Tile-maker for such search after the rate of i. d. for every thousand of plain Tile ob for every hundred of roof-Tile and qu. for every hundred of corner or gutter-Tile and shall make presentment of all defaults found at the next Sess which shall be as effectuall in law as a presentment of twelve men VI. None shall put any Tile to sale before such search be made in pain to forfeit the same and the Justices of P. have also power to hear and determine the defaults of the said searchers Tinne S. Brasse
Tithes I. Stat. 27. H. 8.20 If the Judge of an Ecclesiasticall Court make complaint to two Justices of Peace one Quorum of any contumacie or misdemeanour committed by a defendant in any suit there depending for matter of Tithes the said Justices shall commit the said defendant to prison there to remain till he shall find sufficient surety to be bound before them by recognisance or otherwise to give due obedience to the processe proceedings decrees and sentences of the said Court II. Stat. 32. H. 8.7 If in such a Court after sentence for Tithes the defendant appealeth the Judge there shall compell the party appellant by processe and censures ecclesiasticall to satisfie the other party his reasonable costs and in case of contumacie or disobedience upon complaint thereof two such Justices shall proceed as aforesaid Howbeit here the Judge shall take surety of the plaintife to repay the costs in case the cause passe against him Toll S. Fish 17. Transportation S. Actions popular 18. Corn Leather 58. Recusants 75. Treason S. Bailment 1. Trespasse I. Stat. 43. El. 7. If any shall be convicted by his own confession or by the testimony of one witnesse upon oath before one Justice of Peace or head Officer to have unlawfully cut and taken away any grain growing robbed any orchard or garden digged up or taken away any fruit trees broken any hedges pales or other fences cut or spoiled any woods or under-woods standing and growing or the like or to have been accessary thereunto shall for the first offence pay unto the party grieved such damages and within such time as by the said Justice or head Officer shall be appointed And in case the party offending shall not by the said Justice or Officer be thought able to discharge the said damages or shall not discharge them according to the order then shall the said offender be by them or either of them respectively committed to the Constable or other officer of the place where the offence was committed or the party apprehended to be whipped and for every other offence committed afterwards and proved as aforesaid the party offending shall receive the like punishment of whipping II. The Constable or other inferiour officer that herein refuseth or neglecteth to do his duty shall by any such Justice of Peace or head Officer be committed to prison without baile till hee whip or cause to be whipped the party offending as is above limited III. No Justice of Peace shall execute this Statute for offences done to himselfe unlesse hee be affociated with one or more Justices of Peace whom the offence doth not concerne Vagabonds Rogues 1. Stat. 39. El. 4. Justices of Peace within every County and Corporation have power in Sess to give order for the erection of houses of correction and also for the maintenance and government of the same and for the punishment of offenders which shall be thither committed II. All Scholars and seafaring men which beg All wandring persons which either beg use unlawfull games and playes faine themselves to have skill in Physiognomie Palinestry or the like or pretend to tell fortunes All persons that are or pretend to be collectors for Gaoles and Hospitals All Fencers Bearwards common Players and Minstrels wandring abroad other then such as shall be authorised by Noble-men under their hands and seales All Juglers Tinlkers Pedlers and petty chapmen wandring abroad All labourers which wander and refuse to work for wages reasnably taxed having not living otherwise to maintain themselves All persons delivered out of Gaoles which beg for their fees or otherwise do travell begging All Which wander abroad begging pretending losse by fire or otherwise And all such persons not being felons wandring and pretending themselves to be Egyptians shall be adjudged Rogues Vagabonds and sturd Beggars 16. III. If any such vagabond shall be taken begging wandring or misordering him or her selfe he or she by the appointment of any Justice of P. Constable Headborow or Tithingman there the two last being assisted by the Minister and one other of the parish shall be stripped naked from the middle upwards openly whipped till their body be bloudy and forthwith sent the next way from parish to parish by the Officers of each parish towards the place of their birth but if it cannot be known then towards the place where they last dwelt by the space of one whole yeer before such punishment and if that cannot be known then to the towne thorow which they last passed without punishment And if it cannot be discovered where they were born or last dwelt as aforesaid then are they to be conveyed by the officer there to the house of Correction or common Gaole of the County to be imployed in work or placed in some service and so to continue by the space of one yeer or in case they be not able of body that towne is to keep them till they may be placed in some Alms-house within the same County IV. After which whipping the vagabond shall have a testimoniall under the hand and seale of the said Justice Constable Head-borow Tithingman and Minister or any two of them testifying the day and place of his punishment the place to which he is to be conveyed and the time limited for his passage thither which time if by his owne default he exceeds hee shall from time to time incurre the like punishment till hee arrive at the place limited the substance of which testimoniall shall be registred by the said Minister in a book provided for that purpose in pain of v.s. V. If any such rogue seeme dangerous or will not be reformed two Justices of P. one of Quorum shall commit him to the house of Correction and if at the next quarter Sess by the more part of the Justices there he shall not be thought fit to be delivered he shall by them be banished and at the charge of that County shall be conveyed to such parts beyond the seas as shall by six or more of the privie Councell for that purpose be assigned to her Majesty her heirs and successors whereof the Lord Keeper or Treasurer to be one or otherwise adjudged to the gallies of this Realme as the said Justices shall think fit And if a rogue so banished return without licence he shall suffer as a felon to be tryed in the County where he shall be apprehended 17. VI. If a Constable Headborow or Tithingman be found negligent in the due execution of this act they shall forfeit x. s. for every default and none shall make rescous against any Officer or hinder the execution of this law in pain of v. li. and to be bound to the good behaviour 18. VII None shall transport such a rogue out of Ireland Scotland or the Isle of Man being born in any of those places in pain to forfeit xx s. to the use of the poor where he lands And if any such shall be hereafter found in England or Wales they shall suffer punishment and be
fingula praemissa secundum leges statuta Regni nostri Angliae prout in hujusmodi casu fieri consuevit aut debuit audiendum terminandum ad eosdem delinquentes quemlibet eorum pro delictis suis per fines redemptiones amerciamenta forisfacturas ac alio modo prout secundum legem consuetudinem Regni nostri Angliae aut formam ordinationum vel statutorum praedictorum fieri consuevit aut debuit castigandum puniendum Proviso semper quod si casus difficultatis super determinatione aliquorum praemissorum coram vobis vel aliquibus duobus vel pluribus vestrum evenire contigerit tunc ad judicium inde reddendum nisi in praesentia unius Justiciariorum nostrorum de uno vel de altero Banco aut unius Justiciariorum nostrorum ad Assisas in Comitatu praedicto capiendas assignatorum coram vobis vel aliquibus duobus vel pluribus vestrum minime procedatur Et ideo vobis cuilibet vestrum mandamus quod circa custodiam pacis ordinationum statutorum omnium singulorum caeterorum praemissorum disigenter intendatis ad certos dies loca quae vos vel aliqui hujusmodi duo vel plures vestrum ut praedictum est ad hoc provideritis super praemissis faciatis inquisitiones praemissa omnia singula audiatis terminetis ac ea faciatis expleatis in forma praedicta facturi inde quod ad justiciam pertinet secundum legem consuetudinem Regni nostri Angliae Salvis nobis ametciamentis aliis ad nos inde spectantibus Mandamus etiam tenore praesentium Vicecomiti nostro B. quod ad certos dies loca quae vos vel aliqui hujusmodi duo vel plures vestrum ut praedictum est ei ut praedictum est scire feceritis venire faciat coram vobis vel hujusmodi duobus vel pluribus vestrum ut dictum est tot tales probos legales homines de Balliva sua tam infra libertates quam extra per quos rei veritas in praemissis melius sciri poterit inquiri Assignavimus denique te praefatum I. C. custodem Rotulorum pacis nostrae in dicto Comitatu nostro Ac propterea tu ad dies loca praedicta brevia praecepta processus indictamenta praedicta coram te dictis sociis tuis venire facias ut ea inspiciantur debito fine terminentur sicut praedictum est In cujus rei testimonium c. Datum c. As concerning the Oath of Office Justices of Peace were at first enjoyned to take it by the Statute of 13. R. 2.7 which Statute you may hereafter see in Title Justices of Peace Clause 16. And afterwards by the Statutes of 1. Eliz 1. and 7. Jac. 6. they were also ordained to take the Oathes of Supremacie and Obedience which Oathes you shall also hereafter finde in Title Recusants 8 and 88. The Oath of Office is this that followes Yee shall sweare That as Justice of the Peace in the County of B. in all articles in the Kings Commission to you directed yee shall doe equall right to the poore and to the rich after your cunning wit and power and after the lawes and customes of the Realme and statutes thereof made And yee shall not be of counsell of any quarrell hanging before you And that yee hold your Sessions after the forme of Statutes thereof made And the issues fines and amerciaments that shall happen to be made and all forfeitures which shall fall before you yee shall cause to be entred without any concealment or imbezzelling and truely send them to the Kings Exchequer Yee shall not let for gift or other cause but well and truely you shall doe your Office of Justice of the Peace in that behalfe And that you take nothing for your Office of Justice of the Peace to be done but of the King and fees accustomed and costs limited by the Statute And yee shall not direct or cause to be directed any Warrant by you to be made to the parties but ye shall direct them to the Bailiffes of the said County or other the Kings Officers or ministers or other indifferent persons to doe execution thereof So help you God Lastly for conclusion of this Preface I conceive it not impertinent to annex thereunto the substance of two Statutes necessary to be knowne by every Iustice of Peace before he enters upon his Office the first is 2. H. 5. Stat. 2. Cap. 1. which provides That Justices of Peace shall be made of the most sufficient persons dwelling within the Counties by the advice of the Chancellour and of the Kings Counsell and that no forraine dweller shall exercise such Office except Lords Justices of Assise and chiefe Stewards of the lands and Seigniories belonging to the Duchie of Lancaster And concerning their residence in the Country see more hereafter in Title Justices of Peace 20. The other Statute is 4. H. 7. cap. 12. whereby the King commandeth all Justices of Peace diligently to exercise their Office to the end that his people by that meanes living in peace and enjoying their owne husbandry may flourish Hee also chargeth all both poore and rich that shall suffer any grievance from others wherein a Justice of Peace may intermeddle that they forthwith make complaint thereof to the next Justice of Peace and having no remedie there to the Justices of Assise if it be not long before their coming into that Country but if it be then to the Chancellour for the time being and then the King will send for the Justice so neglecting his duty and in case he shall find him guilty thereof will cause him to be put out of the Commission and otherwise punished according to his demerits c. An Alphabeticall Table by the perusall whereof the Reader may the better acquaint himselfe with the Titles contained in this Book A ABjuration 1 Actions popular 1 Ale-houses 4 Aliens 10 Almes-houses 10 Archery 10 Apprentices 12 Armour 12 Arrests 12 Arrow heads 13 Artificers 13 Assise of Ale and Beer 13 Attainders 13 B Badger 13 Bailiffes 14 Bailinent 15 Bakers 17 Barges 17 Bastardie 17 Beer 18 Bell-metall 18 Benhurst hundred 18 Bigamie 18 Boat-men 18 Books 21 Bowes 23 Brasse 23 Bridges 25 Brewers 26 Buggery 27 Burglary 27 Burning of houses c. 28 Butchers 29 Butter 29 Buts 30 Buying of Tiles 30 C Calves 30 Captains 30 Carre-men 41 Carrier 41 Cattle 41 Certificate 44 Cerciorari 44 Challenge 45 Champertie 45 Cheese 45 Citation 45 Clergie 45 Clerk of the Peace 48 Clerk of the Crowne 48 Clerk of Assise 48 Clerk of the Market 48 Cloth 48 Coine 48 Commons 48 Commissions 48 Conies 49 Conjuration 49 Conspiracie 49 Conspirators 49 Convictions 49 Cooks 49 Copper 49 Corn 49 Coroners 51 Costermongers 52 Cottages 52 Covin 53 Counterfeit letters c. 53 Counterfeiters of the Ks. seal or coin 53 Coupers 53 Crosse-bowes 54 Currier 54 Cursing 54 Custome
default of prosecution the King hath two yeares after that one yeare but this is to be understood where a shorter time is not limited by any stat XVII All sutes for using unlawfull games or any Art or Mystery without being brought up in it and for not having Bowes and Arrowes according to the statute shall be prosecuted at the Assises or Sessions of the Countie or at the Leete within which the offence was committed and not elsewhere 18. XVIII Stat. 21. Jac. 4. Actions popular shall be prosecuted before Just of Ass Nisi prius G.D. Oyer and Ter. or of P. onely in the Counties where the Offences were committed except for Recusancie maintenance Champertie buying of Titles concealing of Customes c. or transporting of Gold Silver Munition Wooll Wooll fels or Leather XIX Upon default of proving that the Offence was committed in the same Countie the defendant shall be found not guilty XX. The Informer shall make oath that the offence was committed in the same Countie where the Action is laied and within one yeare before the sute commenced XXI The defendant in a popular Action may plead the generall issue and yet give speciall matter in evidence Alehouses Drunkennesse I. Stat. 5. 6. E. 6.25 None shall keepe Alehouse without Licence granted either in Sess or by 2. Just 1. Qu. in paine of 3. dayes Imprisonment without Baile and not to be enlarged without Recognisance by himselfe and two Sureties that he shall not keepe Alehouse any longer the certificate of which recognisance and offence shall be a sufficient conviction at the Qu. Sess to fine him xx s. 30. II. The Qu. Sess or two such Justices have power to put downe Alehouses at their discretion and to take Bond and suretie of Alehouse-keepers by Recognisance that they use not unlawfull games or other disorder in their houses for which Recognisance the parties bound shall pay 12. d. and whereof certificate shall be made at the next Qu. Sess by the two Justices that take it in paine of five markes III. Just of P. have power to inquire after the breach of this last Recognisance to award processe thereupon and to heare and determine the same at their discretions IV. This Act shall not restraine the selling of Ale and Beere in Townes where Faires are kept during the time of the Faire 34. V. Stat. 1. Jac. 9. No Innekeeper Victualler or Alehousekeeper shall suffer any town-dwellers to sit tippling in his house in paine of x. s. nor sell lesse then a full Ale quart of the best Ale or Beere or two quarts of the small for one penny in pain of 20. s. And here the view of one Justice or proofe by two witnesses upon oath before one Justice is sufficient conviction 16.22.23 28. VI. The penalties aforesaid are given to the poore of the parish where the offence is committed and are to be levied by the Constable and Churchw by distresse which after six dayes may bee sold to satisfie the penaltie and for default of distresse the partie delinquent must suffer imprisonment till hee pay the penaltie VII Here every officer that neglects to levie the said penalties or to certifie within 20. daies the default of distresse shall forfeit likewise to the poore xl s. to be levied upon warrant from one Justice by distresse and fale as aforesaid and upon default of distresse shall incurre commitment as before VIII The Officers or other parties receiving these penalties shall be accomptable to the succeeding Officers and other parishioners IX None shall intermeddle to put this Act in execution within either of the Universities save onely the Magistrates of the same X. Stat. 4. Jac. 4. None shall sell Ale or Beere to an unlicensed Alehouse-keeper save only for the expence of his houshold in paine of 6. s. 8. d. for every Barrell and so more or lesse according to that proportion XI This Offence shall bee prosecuted in the Qu. Sess and the forfeiture shall be equally divided betwixt the prosecutor and the poore of the Parish XII The Officer that shall levie the poores Moity shall deliver it to the Church-wardens and Overseers of the Parish or one of them and they shall in convenient time make distribution thereof to the poore in paine that both the Officer and they shall forfeit respectively double the value of that Moity to be recovered and imployed as aforesaid XIII Stat. 4. Jac. 5. One convicted of Drunkennesse in Court or before a Judge or Justices in their severall limits shall forfeit v.s. to the poore to be levied and imploied as the penalties of 1. Jac. 9. and in case hee be not able to pay it shall remaine in the stockes six houres 6.7 and 28. XIV Here the officer which neglects to levie the said penaltie shall forfeit 10. s. to be levied and imployed as aforesaid XV. A towne-dweller which is convict to sit tippling in any Inne Victualling house or Alehouse by the view of one Justice or the proofe of two witnesses shall forfeit ten groates to be levied and imployed as aforesaid and being not found able to pay it shall remaine in the stooks foure houres 24. XVI These offences as also those mentioned in 1. Jac. 9. shall be inquired of heard and determined at the Assises at the Sessions in corporate townes and in Leetes XVII One convicted the second time of drunkennesse shall be bound in ten pounds with two sureties to the good behaviour 25. XVIII All Constables Churchwardens Headboroughs Tithingmen Ale-cunners and Sidemen shall bee charged in their oathes to present the said offences 27. XIX This Act shall not restraine Ecclesiasticall Jurisdiction nor the two Universities XX. None shall be twice punished for one offence XXI The offenders against this Act shall be prosecuted within six months XXII Stat. 7. Jac. 10. An Alehouse-keeper lawfully convicted for any of the offences forbidden by the stat of 1. Jac. 9. or 4. Jac. 5. shall be disabled to keepe Alehouse within three yeares after 26. XXIII Stat. 21. Jac. 7. One witnesse or the parties owne confession shall be sufficient to prove the breach of 1. Jac. 9. and 4. Jac. 5. and the oath of the partie confessing shall bee sufficient to convince any other XXIV No person whatsoever shall sit tippling in any Inne Alehouse or victualling house in paine of the forfeiture mentioned in 4. Jac. 5. to be levied and imploied as there is expressed And here the view of one Justice the parties owne confession or proofe by one witnesse shall be sufficient conviction The delinquents oath shall likewise be taken to convince any other XXV The like view proofe or confession shall convince a drunkard as well for the penaltie of 5. s. as for the binding of him to the good behaviour according to 4. Jac. 5. XXVI An Alehouse-keeper offending against 1. Jac. 9. or 4. Jac. 5. according to the alterations of this Act is disabled to keepe Alehouse within three yeeres after XXVII All Constables Churchwardens Headboroughs
when the sute is wholly the Queenes the whole forfeiture shall be estreated for her use VII Justices of P. have power to heare and determine these offences in Sessions by inquisition or verdict or otherwise upon the oath of two witnesses at their discretions and to make processe thereupon VIII This Act shall not restraine Purveyors of Cities and townes corporate neither yet the Inhabitants of the Counties of Westmerland Cumberland Lancaster Chester and Yorke IX Stat. 13. El. 25. The Statute of 5. El. 12. is confirmed S. Forestallers 5.12 Bayliffes S. Sheriffes Bailement I. Stat. 3. E. 1.15 Persons outlawed and such as have abjured the Realme Provours and such as be taken with the manner Prison-breakers theeves openly defamed Appellees by Provours during the life of such Provours house-burners Counterfeiters of the Kings Seale or Coyne excommunicate persons and Traitors are not replevisable by common writ or without writ II. Persons guiltie of Larcenie by enquests taken before Sheriffes or Bailiffes or of petty Larcenie not before detected nor accessary to any felony or onely guilty of some light suspition are baileable by good sureties for which the Sheriffe shall be answerable III. Stat. 5. E. 3.8 Marshals of the Kings Bench shall not baile felons IV. Stat. 3. H 7.3 Two Justices 1. Qu. have power to let to baile persons baileable by law untill the next Quar. Sess or G.D. and shall there certifie the same in paine of 10. l. V. Stat. 1. 2. P.M. 13. None shall be let to baile which are forbidden to be bailed by 3. E. 1.15 VI. None arrested for Manslaughter or felony or suspition of the same being baileable by law shall be let to baile save only in open Sess or by two Just 1. Qu. being both present at the time of such bailement which then shall be certified together with the examination of the Prisoner and the Information of the Accusers under their owne hands at the next Gaole delivery and the said examination and Information shall be taken before the bailement VII The said Justices have power to bind by Recognisance all such as can declare any thing materiall against the Prisoner to appeare at the next Gaole delivery and shall there make certificate of the said Recognisance VIII The Justices that offend any Branch of this Act are lyable to be fined by the Justices of Gaole delivery IX This Act shall not restraine Justices within London and Middlesex to let to baile I risoners as heretofore they have used only they shall certifie their examinations Bonds and bailements at the next Gaole delivery of their Jurisdiction in paine to bee fined as aforesaid X. Every Habeas Corpus or Certiorari for the Removall of a Prisoner shall be signed by the Chiefe Justice or one of the Justices of the Court out of which the Writ issues in paine of five pounds to be forfeited by the Writer XI Stat. 2.3 P.M. 10. One accused of Manssaughter or Felony which for want of baile is to be sent to the Gaole must be examined by the Justice before he sends him thither and the Accusers must bee bound over to give in evidence against him whose Information must also be taken and committed to writing within two daies after at the farthest and all certified in at the next Gaole delivery as by the stat of 1.2 P.M. 13. is limitted upon the penaltie therein expressed Bakers S. Victuall 2.10 Weights 2 4 5 9. Barges S. Boatemen Bastardie I. Stat. 18. El. 3. The two next Justices 1. Qu. may take order as well for the punishment of the mother and reputed father of a Bastard Child as also for the reliefe of the Parish where it is borne by charging the said mother and father with the sustentation thereof by payment of mony weekly or otherwise II. If the mother or father performe not the said Justices order they shall suffer imprisonment without baile except hee she or they give securitie to performe it or else to appeare at the next Quarter Sess and also to abide the order of the greater part of the Justices there if any shall be there made if not then to performe the order made by the two Justices 5. III. Stat. 7. Jac. 4. Justices of Peace shall commit to the house of correction lewd women which have Bastards that may be chargeable to the Parish there to be punished and set on worke one whole yeere and if they offend againe they shall not be from thence enlarged without putting in good securitie not to offend so againe IV. Stat. 21. Jac. 27. It shall be murther for a mother to conceale the death of her Bastard child unlesse she can prove by one witnesse at least that it was still-borne V. Stat. 3. Car. 4. All Justices of Peace within their severall limits and Sess may doe and execute all things concerning that part of 18 Eli. 3. which concernes Bastards that by the Justices of Peace in the severall Counties are by the said statute limited to be done Beere S. Corne 1. Bell-metall S. Brasse 15. Benhurst hundred in Com. Berk. S. Hue and Crie 8. Bigamie I. Stat. 1. E. 6.12 A Bigamus being a felon shall be admitted to his Clergy as well as any other II. Stat. 1. Jac. 11. A Bigamus shall suffer death as a Felon unlesse he or she have had no notice that the husband or wife was living within seven yeares before or the Marriage severed by divorce III. This felonie shall cause no corruption of blood or losse of dower or inheritance Boatmen Watermen Barges Boats c. I. Stat. 26. H. 8.5 Justices of the Peace within the Counties of Glocester and Summerset in Sess shall bind keepers of Ferries over Severne by Recognisance with good sureties that they shall not transport any Passenger out of England into Wales or the Forrest of Deane or from thence into England before Sun rising or after Sun set unlesse such as they know and will answer for And besides the parties so offending shall thereby incurre fine and imprisonment II. Stat. 2. and 3. P. M. 16. At the first Court of Aldermen in London next after the first of March out of the Watermen betwixt Gravesend and Windsor there shall be eight chosen for overseers which shall have power to keepe good order amongst the rest III. Two Watermen shall not carry any but where one of them hath exercised that profession two yeares before that time and hath been allowed by the greater part of the said Overseers under their knowne seale in paine to be committed to one of the Counters by the said Overseers for one month or for lesse time as the offence may deserve IV. No single man which is no householder nor retained as an Apprentice or as a servant for one yeare at least shall exercise that profession betwixt the places aforesaid in paine of like imprisonment V. The Lord Maior and Aldermen of London and the Justices of Peace within the Counties adjoyning to the River of Thames upon
Stat. 6. H. 6.1 Upon an Indictment of any person in the Kings Bench a Capias shall be awarded against him returnable at least six weekes after before any Exigent shall be Awarded IV. Stat. 8. H. 6.10 10. H. 6.6 Vpon Indictments or appeales before Just of P. or others of persons dwelling in forraine Counties the Exigent shall be staid till the returne of a Capias directed to the Sheriffe of such forraine County for the arresting of the party indicted V. Stat. 1. E. 4.2 Sheriffes shall deliver all Indictments and presentments taken in their Turnes unto the Justices of the P. at their next Sess in pain of 40. l. who shall arraign deliver make process and proceed thereupon as if they were taken before them and shall deliver indented estreats of the Fines to the sheriffe to be levied to his own use And here if the sheriffe levy any fine or cōmit any to prisō by colour of any such indictment or presentment otherwise then by warrant from the Justices as aforesaid he shall forfeit C. l. Howbeit Sheriffes of London shall not be restrained by this Act nor those who have had fines formerly granted unto them VI. Stat. 37. H. 8.8 The words cum baculis cultellis arcubus sagittis shall not of necessity be put in an-indictment but it shall bee adjudged good without those words or the like See Certificate Certiorari 1. Murder 4 5. Informations and Informers S. Actions popular Ingrossers S. Forestallers Inholders I. Stat. 21 Jac. 21. The Statute of 32. H. 8.41 together with other statutes concerning horsebread is repealed II. Inholders and Hostlers shall make no horsebread shall sell their hay provender and victualls at reasonable prices and shall take nothing for litter III. This Act shall not restraine those that dwell in a thorough fare which is no market town and wherein there is no Baker to make horsebread according to the just Assise IV. Just of Oy and Term. I. of P. sheriffes in turnes stewards in Leets have power to hear and determine these offences V. If any Inholder or Hostler which hath power by this Act to make horsebread observe not the Assise or if he or any other offend this Law in any other kind whatsoever for the first offence they shall be fined for the second suffer a moneths imprisonment without bail for the third be set upon the Pillory and for the fourth shall be forejudged from ever keeping an Inne again See Alehouses 5 15 26 28. Butter 1. Forestallers 5. Inmates S. Cottages Inquests S. Jurors Inrolments Stat. 27. H. 16.8 Bargaines and sales to raise an use of Inheritance or Freehold must be by Deed indented and inrolled within six moneths in some Court of Record at Westminster or in the County where the Land lieth before the Custos Rotulorum two Just of P. and the Clerk of the Peace or two of them whereof the Clerk to be one and here the Fee to be paid for such Inrolment when the land is not worth xl s. per Annum is 2. s. and when it is worth more x. s. to be equally divided betwixt the Justice or Justices then present and the Clerk of the P. who ought to inroll them in Parchment and deliver them up to the Custos Rotulorum within one yeare after See Stat. 5. El. 26. Concerning the inrolment of Deeds in the Counties of Lancaster Chester and the Bishoprick of Duresme and in Corporate townes there Inventories S. Ecclesiasticall Court I. Stat. 5. E. 3.10 Justices have power to imprison a Juror sworn before them that shall be attainted to be Ambidexter and besides he shall be ransomed at the Kings will II. Stat. 25. E. 3.3 An indictor shall not be put on Enquests upon delivering of Endictees III. Stat. 34. E. 3.8 A corrupt Juror shall be fined and suffer one yeares Imprisonment And here the prosecutor shall have halfe the Fine and the party grieved his dammages IV. Stat. 38. E. 3.12 If a Juror be attainted to have taken any thing by way of corruption he shall suffer one whole yeares imprisonment and forfeit ten times so much as he hath so taken to be divided betwixt the King and the prosecutor and all Embracors in that kind shall incurre the like punishment Howbeit theso offences shall not be prosecuted by Justices ex officio but at the suit of the party grieved or some other V. Stat. 11. H. 4.9 Jurors in indictments shall be teturned by the Sheriffes or Bay liffes and not nominated by any other VI. Stat. 2 H. 5.3 Jurors ought to have lands worth xl s. per annum ultra reprise And in the County Palatine of Lancaster there lands ought to be worth 5. l. per annum S. stat 7. H. 5.1.18 H. 6.12.33 H. 6.2 VII Stat. 3. H. 8.12 Panells of Jurors returned by the Sheriffe to inquire for the King shall be reformed by the Just in Sess 1 Qu. at their discretions and the Sheriffe shall returne that Panell reformed in pain of xx l. to be divided betwixt the King and the prosecutor who shall not lose his part by the Kings pardon VIII Stat. 27. El. 7. No Sheriffe or Bayliffe shal return Jurors without addition of their dwelling place nor collect any issues made out against them without such addition IX No Clerke shall estreat any issues against any Juror without such addition in pain to forfeit 5. markes to the King and as much to the party grieved See Actions Popular 8. Justices of P. 25.28 Justices of Peace I. Stat. 27. E. 1.3 Justices assigned to take Assises in every County after the Assises taken shall deliver the Gaoles but if one of them be a Clerk the other that is lay associating unto him one of the most discreet Knights of the County shall deliver the Gaoles II. Stat. 1. E. 3.16 The King will that in every County good men and lawfull which be no maintainers of evill or Barretors in the Country shall be assigned to keep the Peace III. Stat. 2. E. 3.2 Clergy men shall not be Justices of Oy and Term. or Justices of G. D. IV. Stat. 4. E. 3.2 Good and discreet persons shall be assigned in all Shires of England to take Assises Juries and Certifications and to deliver the Gaoles three times in the yeare at least V. There shall also be assigned good and lawfull men in every County to keep the peace and such as shall be indicted or taken by them and are not bailable by Law shal not be let to mainprise by the Sheriffe or any other Minister nor otherwise delivered then at the common law VI. the Just of G. D. shall have power to deliver the Gaoles of those that stand indicted before the Keepers of the Peace which Keepers shall send those indictments before the said Just of G. D. and shall have power to punish Sheriffes Gaolers and others which do any thing contrary to this Act. VII Stat. 18. E. 3.2 Two or three of the best of Reputation in the Counties
requires and the sudden comming of strange enemies into the Realm and then it shall be done as in times past for the defence of the Realme II. Stat. 1. E. 3.7 Whereas Commissioners have heretofore prepared men of Armes and conveyed them to the K. in Scotland Gascoine or else where at the Charge of the Shires whereby the Commons have beene much impoverished The King will that it shall be done so no more III. Stat. 18. E. 3.7 Men of Armes Hoblers and Archers chosen to goe in the Kings service out of England shall be at the Kings wages from the day that they depart out of the Countries where they were chosen till their return IV. Stat. 25. E. 3.8 None shall be bound to find Armes but by tenure of Land or grant in Parliament V. Stat. 18. H. 6.19 It is felonie for a Souldior retained to serve the King in his warres not to go with or depart from his Captaine without License VI. Officers shall arrest Souldiers which within their terme limited come on this side the Sea without Letters Testimoniall of their Captaine and shall retaine them untill the cause of their return be tried VII Justices of P. have power to hear and to determine their offences VIII Stat. 7. H. 7.1 A Captaine which shall not have the whole number of his Souldiers or not pay them their due wages within six dayes after he shal have received them shall forfeit all his goods and Chattels and suffer Imprisonment 25. IX It is felony for a Souldier retained to depart from his Colours without License for which he shall not enjoy the benefit of his Clergie 15. X. Justices of P. have power to enquire heare and determine this offence of departing without License and the tryall thereof shall be in the same County where the Souldier is apprehended 15. XI This Act shall not be prejudiciall to Captaines when Souldiers die or otherwise depart without any default of theirs so that they therewith acquaint at Land the Tresurer of the warres within ten dayes after or at Sea the Admirall at their next meeting with him XII Stat. 3. H. 8.5 This act is in all parts the same with 7. H. 7.1 save only that it shall not extend to Captaines Souldiers in Barwick Wales Calis other places in France nor to Captaines having under them Retinue of Souldiers or for non-payment of the Kings wages to Captaines houshold servants XIII Stat. 2. 3. E. 6.2 A Souldier that maketh away his horse or Armes proofe thereof being made before the chiefe Commander shall suffer imprisonment without Baile untill he hath satisfied the party at whose charge he was sent out XIV If such a Souldier escape from the Armie without punishment he shall be lyable to the same to be inflicted upon him by any Justice of P. in those parts where he shall be apprehended unlesse he bring sufficient testimony from the Commander that the horse or Armes were otherwise lost or imployed in the Kings service XV. It is felonie without benefit of Clergie for a Souldier retained to depart without licence of his Commander wherupon Jusitces of P. may proceed as in case of felony XVI The Commissioner or Captain that licenceth any person retained and assumeth another for gaine or which giveth to any licence to depart without warrant from the Commanders shall forfeit xx l. to the K. for every person so let go XVII The Lievtenant generall or other officer which receives more wages for Souldiers then there is cause and doth not every moneth by a note in writing acquaint the Treasurer of the Army with every Souldiers entry into pay death or departure shall forfeit 5. l. to the K. suffer one moneths Imprisonment and lose his place XVIII None but the Commander shall licence any in paine of Imprisonment both of the Licencer and Licenced at the discretion of the said Commander XIX The Lievtenant generall shall command this Act to be proclamed in the Army once every moneth and every Governour in his Fortresse once every three moneths XX. Every person which shall informe the Lievtenant of any of these offences shall have a moneths pay belonging to him that is faulty XXI This shall not prohibit officers to retaine yearly 6. s. 8. d. for the Coat of a yeoman and 13. s. 4. d. for that of a Gentleman neither shall it be prejudiciall unto them when the lack of Souldiers is not through their default nor when they have under them a retinue of Souldiers nor for nonpayment of the K. wages to their houshould Servants neither shall it extend to prohibit relief of tenants or friends towards service in war or the detaining of Souldiers wages upon lawfull Causes XXII Stat. 4. 5. P. M. 3. He which absenteth himself from the Musters or doth not bring thither his best furniture shall by the Commissioners be committed to Prison without Baile unlesse he immediately agree to pay xl s. to the K. and Q. which shall within two moneths be estreated in the Exchequer by the said Commissioners or any two of them XXIII Commissioners and others in authoritie taking any reward to discharge Souldiers shall forseite tenne times so much XXIV The one moity of the abovesaid forfeitures is given to the K. and Q. and the other to the prosecutor XXV A Captaine or other officer which detaines his Souldiers wages shall forfeit three times so much unto the same Souldier XXVI Just of Ass Just of P. and Stewards in leets have power to heare and determine these offences and the Just of Ass or P. upon Conviction of the offender may commit him to prison without Baile untill he hath satisfied the abovesaid penalties to the K. Q. and prosecutor or where there is no prosecutor to the K. and Q. alone XXVII Offences committed during the time of Service shall be heard and determined by the chiefe Commander XXVIII This Act shall not discharge service of warres incident to the tenure of Land XXIX The offender of this Act shall not be twice punished for the same offence XXX None shall under colour of Service of warre incident to the tenure of land exact any other thing then what shall be imployed in present service and shall be restored againe to the owner when the service is done at least so much thereof as shall not be spent or lost in the service XXXI Inhabitants within Cities Boroughes and Corporations shall be mustred at home by the head officer and one other at least to be joyned with him by Cōmission or otherwise XXXII Stat. 5. El. 5. The Stat. of 18. H. 6.19 shall in all points extend to Marriners and Gunners aswell as to Souldiers XXXIII Stat. 39. El. 17. Wandering Souldiers and Marriners and all others wand ring as Souldiers or Marriners which will not settle themselves to worke or have not a testimoniall under the hand of some one Just of P. neere the place of their landing setting downe the place where they landed the place whither they
are to passe and the time of their passage or having a testimoniall exceed the time therein limited above fourteen dayes or Counterfeit a testimoniall or produce one which they know to be counterfeited shall in all these cases suffer as Felons without benefit of Clergie 51. XXXIV Iust of Ass G. D. and of P. in their Sess have power to proceed against these offenders as in case of felonie without Clergie unlesse some sufficient man allowed by the Iustices will enter into a Recognisance of x. l. to the Q. to retaine the offender for one whole yeare and to bring him to the next Sess of P. G. D. after the year ended And if he within the yeare depart that service without licence he shall afterwards suffer as a felon without Clergy XXXV Souldiers or Marriners which fall sick in their passage home shall be excused though they exceed the time limited in their testimoniall So that they performe this Act in convenient time after their Recovery XXXVI If when they come home they cannot get worke the two next Just upon their complaint shall take order that they may be provided of work or otherwise shall tax the whole hundred for their Relief untill work may be had XXXVII The Souldier or Marrinet licenced by a Iust of P. to whom he shall make his poverty knowne having not wherewithall to beare his charges home may ask and take Relief So it be in his direct way home and within the time limited by his Licence XXXVIII These offences shall cause no Corruption of Blood XXXIX Stat. 43. El. 3. The more part of the Just of P. yearely in their Easter Sess have power to charge every parish towards a weekly reliefe of maymed Souldiers and Mariners so that no parish pay weekly above 10. d. nor under 2. d. nor any County which consists of above 50. parishes pay above 6. d. one parish with another which summes so taxed shall be assessed in every parish by the parishioners or in their default by the Churchwardens and Constables or in their default by the next Justice or Justices of Peace XL. The Const or Churchw of every parish have power to levie the tax of exery person refusing to pay it by distresse and Sale and in their default the said Justice or Justices next adjoyning XLI The tax being thus levied the Const or Churchw shall deliver it quarterly ten dayes before every quarter Sess to the high Const of their Division who shall deliver it over to the Treasurers of the County at the same quarter Sess XLII The Treasurers shall be Subsidie men viz. of x. l. in lands or xv l. in goods and shall not continue in their office above one year rendring up their Accompts yearly at Easter Sess or within ten dayes after to their Successors XLIII The officer or his executor c. that failes in payment of the Summes levied shall forfeit viz. the Churchw or Const xx s. high Constable xl s. which the Treasurers have power to levy by distresse and Sale in augmentation of their Stock XLIV The Treasurer or his executor c. that hath beene negligent to execute his office or to render the Accompt within the time above limited shall be fined by the I. of P. in the Sess 5 l. at least XLV The maymed Souldier or marriner which was prest shall repaire if he be able to travell to the Treasurers of the County where he was prest if he were not prest then to the Treasurers of the County where he was born or where he last dwelt by the space of three yeares at his election But if he be not able to travell then to Treasurers of the County where he lands XLVI He shall bring to any of the Treasurers aforesaid a Certificate under the hand and Seale of the chief Commander and of the Captaine under whom he served containing the particulars of his hurts and services which Certificate shall be also allowed by the Muster-Master Generall or the Receiver generall of the Muster-Rolls under one of their hands XLVII Vpon such a Certificare the Treafurers aforesaid may allow him Reliefe to maintayne him untill the next Q. Sess at which the more part of the Justices may allow him a pension which the Treasurers shall pay him quarterly untill it shall bee revoked or altered by the said Iustices And this Allowance to him that hath not borne office shall not exceed x. l. To an officer under a Lievtenant xv l. and to a Lievtenant xx l. XLVIII When Souldiers or Marriners arrive far from the place where they are to receive relief the Treasurers there shall give them relief and a Testimoniall whereby they may passe from Treasurer to Treasurer untill they shall come at the place required and this shall be done upon the bare Certificate of the Commander and Captaine although they have not as yet obtained any allowance thereof from the said Muster-Master or Receiver generall of the Muster Rolls XLIX The Treasurers shal register their Receits and disbursments and enter the names of the parties relieved and also the Certificates by warrant whereof the disbursments are made The Muster-Master also or Receiver aforesaid shall register the names of the parties and the Certificates by him allowed And the Treasurer returning or not allowing the Muster-Masters Certificate shall hereupon subscribe or endorse the cause of his disallowance L. Iustices of P. in Sess have power to fine a Treasurer that wilfully refuseth to give relief which any two of them appointed by the rest may levy by distresse and Salc of his goods LI. A Souldier or Marriner that begs or counterfeits a Certificate shall suffer punishment as a common Rogue and shall lose his pension if he have any 3.3 LII The Surplusage of this Contribution shall be imployed by the more part of the Justices in Sess upon charitable uses according to Statutes made for reliefe of the poore and punishment of Rogues LIII In Corporations the Justices there shall put this Act in execution and not the Iustices of the County and shall be lyable to fines as well as other Iustices if they misuse their power therein and shall appoint a Collector of this tax which shall have the power and be subject to the penalties limited by this Act to high Constables of Counties LIV. The forfeitures accruing by this Act shall be imployed as the Surplusage abovesaid or otherwise kept in angmentation of the Stock as the more part of the Justices in Sess shall direct LV. When out of the County where the party was prest a fit pension cannot be satisfied it shall be supplyed by the Counties where he was born or where he last dwelt by the space of three yeares LVI This Act shall not prohibit the City of London to make a tax if need require differning from that above limited 35. so that no parish pay above 3. s. weekly nor above or under 12. d. weekly one parish with another S. Boatmen 7. Felonie 16. Recusants 112.
making deceiveable Cloth and if upon confession of the party or testimony of two witnesses they shall find any guilty thereof and make Certificate accordingly under their hands and seales to the Churchwardens and Overseers of the parish where the offence is committed those officers shall levie the penalties forfeitedby distresse the delinquent shall suffer imprisonment See Labourers 54. and Weights 35. Drover S. Badger Holy-dayes 2. Drunkennesse S. Alehouses Ecclesiasticall Court 1. STat. 21. H. 8.5 Nothing shall be given for the Probate of a Will or for letters of Administration when the goods of the Dead exceed not 5. l. save only 6 d. to the Scribe or Register Neverthelesse the Judge shall not refuse to prove such a testament being exhibited unto him in writing with wax ready to be sealed and proved communi forma but shall dispatch the aprty without delay II. For the Probate of a Will and all other things concerning the same when the goods of the dead exceed 5. l. but not xl l. the Judges Fee is 2. s. 6. d. and the Registers for registring of it 12. d. and when they exceed xl l the Judges Fee is 2. s. 6. d. as before and the Registers as much or the Registers may refuse the 2. s. 6. d. and take a 1. d. for every ten lines of the Will each line being conceived to containe ten Inches in length And for these fees they shall dispatch the party without any frustratory delay III. For letters of Administration when the goods of the dead exceed 5. l. but not xl l. the Officers Fees are only 2. s. 6. d. IV. Lands devised to be sold shall not be accounted any of the Testators goods V. The Judge shall not refuse to receive an Inventory indented which the executor or administrator tenders him in Court together with his oath to verifie the same VI. The Fee for the copy either of a will or Inventory is the same with that above allowed to the Scribe for Registring the will or else the Scribe or Register may take a x. d. for every ten lines of the length aforesaid VII The officer that takes more then his due Fee shall forfeit that excesse to the party grieved and besides x. l. to be divided betwixt the King and the said party grieved VIII Stat. 23. H. 8.9 The Fee for the seale of the Citation is 3. d. See Tithes Egyptians 1. Stat. 1. 2. P. M. 4. He that transports into this Kingdome or Wales certaine lewd people which cal themselves Egyptians shall forfeit xl l. II. Their continuing in England or Wales by the space of a moneth shall be adjudged Felony without Clergie III. Hi that obtaines License letter or Pasport for them shall forfeit xl l. IV. The forfeitures aforesaid shall be equally divided betwixt the K. and Q. Majesties and the prosecutor V. Stat. 5. El. 20. Any person whatsoever consorting with Egyptians by the space of a moneth shall be adjudged a felon without Clergie VI. This act shall not include Children within foureteene yeares of Age nor People in Prison so they void the Kingdome within foureteen dayes after tehy shall be enlarged or reforme their course of life VII None borne within this Kingdome and Wales shall be compellable to void the Land by the Stat. of 1.2 P. M. 4. but only to leave their naughty Course of life Embracery S. Maintenance Enditements S. Indictments Enquests S. Jurors Escapes S. Felony 7. Escheators 1. Stat. 23. H. 6.17 An Escheator shall not take above xl s. for the execution of one Writ in one County and that only when his labour and Costs require it otherwise he ought to take lesse II. Stat. 12. E. 4.9 None shall take upon him to be an Escheator or Deputy to an Escheator unlesse the Escheator himselfe hath Freehold within the County worth xx l. per Annum in paine of xl l. III. His Deputy or Farmor shall be a sufficient man and shall Certifie into the Exchequer his deputation within twenty dayes next after it is made upon the like paine of fortie pound IV. Justices of P. in Sess have power to heare and determine these defaults and to give Judgement for the recovery of the said forfeitures which are to be distributed betwixt the K. and the prosecutor V. This Stat. shall not restraine Corporations which have power by their Charter to appoint Escheators VI. Stat. 1. H. 8.8 No Escheator or other person whatsoever shall sit by vertue of any Commission to inquire of Lands unlesse his lands be worth forty marks per Annum in paine of xx l. VII Stat. 33. H. 8.22 An Escheator shall not take for the finding of an office of lands that exceed not the cleare yearely value of 5. l. per Annum above 15. s. viz. for his owne Fee 6. s. 8. d. for writing the office 3. s. 4. d. for the charges of the Jury 3. s. and for the officers above that are to receive the office 2. s. Estreates 1. Stat. 9. E. 3.5 Just of Ass G. D. and Oy and Term. before they send their Records into the Exchequer shall take Estreats out of them II. Stat. 31. E. 3.3 A man or town charged in the Exchequer by the Estreats of the Justices with the detaining of the goods of fugitives or Felons shall be discharged upon producing another that is chargeable III. Stat. 42. E. 3.9 The party Chargeable by the Estreats of greene wax upon payment thereof shall see the schedules themselves under seale and totted for default whereof if he shall be afterwards damnified the Sheriffe shall pay him treble damages to be recovered before Just of P. or other Justices and shall besides make fine to the King S. Indictments 5. Iurors 9. Iuft of P. 18. Excommunicate persons S. Bailment 1. Fighting Sheriffs 4. Extortion S. Actions popular 15. Faires S. Horses 11 c. 16 c. Fasting dayes S. Fishdayes Feasants S. Hawkes Felony I. STat. 9. H. 3.22 The King shall have Annum diem et vastum in Felons lands and then they shall be delivered to the Lords of whom they are holden II. Stat. 3. E. 1.12 Notorious Felons which refuse lawfull triall shall suffer strong and hard Imprisonment III. Stat. 1. E. 2. It shall be Felony for any person to break Prison being in for Feonly otherwise not IV. Stat. 5. H. 4.4 It is felony to multiply gold or Silver V. Stat. 5. H. 4.5 It is felony to cut out the tongue or put out the eyes of any of the K. Subjects VI. Stat. 8. H. 6.12 Imbezeling of a Record whereby any judgement shall be reversed is Felony VII Stat. 1. R. 3.3 Justices of P. have in Sess power to enquire of the Escape of Felons VIII Officers shall not seise the goods of any arrested or imprisoned for suspicion of Felony before his conviction in paine to forfeite double the value of the goods so taken IX Stat. 3. H. 7.14 Conspiring by any of the Kings sworne Servants to destroy the King any Lord
to withstand the Purveyour But Composition Fish and Regall Fish are excepted XIX None shall buy any herrings of any stranger borne being not sufficiently salted Packed and Casked in paine to forfeit the said Herrings or value thereof But here those Herrings that happen by Shipwrack are excepted XX. The Stat. of 5.6 E. 6.14 shall not extend to hinder the buying of Sea Fish unsalted or Mud fish out of English Bottomes XXI When the offences aforesaid shall be committed at land or within any haven or Peere Just of P. Maiors and other head-officers in their Sess have power to heare and determine them by the oathes of 12. men or otherwise by Information or the the parties Confession XXII Here the forfeitures abovesaid happening in Corporate towns shall wholly accrew to the Corporation but happening elsewhere in the Country prosecuted meerly at the Qu. Sute by Information or otherwise shall totally accrew to the Qu. And in these two Cases the sute ought to be commenced within one yeare next after the offence committed but being prosecuted by an Informer they shall be divided betwixt the Qu. and the Informer And here the sute ought to be commenced within six moneths XXIII Stat. 1. Jac. 23. In the Counties of Somerset Devon and Cornewall it shall be lawfull for the Huors of Fish to goe upon any mans ground neere the Sea Coast to discover fish and for Fishermen to drie their Seanes and Nets there without danger of committing trespasse XXIV Stat. 3. Jac. 12. None shall erect a Weare or Weares along the Sea shore or in any Haven or Creeke or within five Miles of the mouth of any Haven or Creek or shall willingly destroy any Spawne or Fry of Fish in paine of ten pound to be divided betwixt the K. and the prosecutor neither shall any fish in any of the said places with any Net of a lesse Mash then three Inches and a half betwixt knot and knot except for the taking of Smoulds in Norfolk only or with a Canvas net or other Engine whereby the Spawne or fry of fish may be destroyed in paine to forfeit the said net or Engine and 10. s. in money to be divided betwixt the poore of the parish and the prosecutor and to be levied in Corporations by the Head officers and in other places by distresse and sale of goods upon warrant of a Just of P. directed unto the Constable and Churchwardens of the same parish for that purpose S. Hawkes 11. Hunters 1. Lahourers 46. Fish Dayes I. Stat. 2.3 E. 6.19 None shall eate flesh in Lent or upon Frydayes Saturdayes Embring dayes or any other dayes reputed fish dayes in paine of 10. s. ten dayes Imprisonment and during that time to abstainc from flesh and for every time offending afterwards to incurre double punishment II. Justices of G. D. and of P. have power to heare and determine this offence and the forfeiture above said shall be divided betwixt the K. and the Informer being prosecutor within three moneths after the offence committed III. This Act shall not restraine any person having the K. Licence to cate flesh or being aged weak sick in prison Lievetenant of the Kings Army or Governor of a Fort nor any woman with Child or in Childbed IV. Stat. 5.6 E. 6.3 The evens of all Holydayes commanded by this Statute except S. Jo. the Evangelist and Philip and Jacob shall be observed for fasting dayes in pain of Ecclesiasticall Censure V. When the Holyday Even happens Sunday the Saturday is to be fasted VI. Stat. 5. El. 5. None shall eate flesh upon dayes usually observed as fish-dayes in paine of 3. l. or three moneths imprisonment without bayle And they that wittingly suffer any such offence to be committed within their house and doe not discover it to an officer that may punish it shall forfeit xl s. VII These forfeitures shall bee divided into three parts whereof the Queene shall have one the poore of the parish another the Informer the third VIII Notwithstanding this Act licences may be granted upon just causes on these conditions following viz. To a Peere or his Lady if he pay yearly for it to the poore of the parish where he dwels 26. s. 8. d. to a Knight or his Lady if he pay 13. s. 4. d. and to any other inferiour person if he pay 6. s. 8. d. But here no licence must extend to the eating of Beefe at any time or to the cating of Veale betwixt Michaelmas and May day IX The Minister of the parish may grant a Licence to a sick person during the time of his sicknesse and if the sicknesse continue above eight dayes shall in the presence of one of the Churchwardens register the same and have 4. d. for the Registring of it but here if he grant the Licence without just cause he shall forfeit five Markes X. Justices of P. Maiors and other Chief Officers have power in Sess within their severall Jurisdictions to heare and determine these Offences as well by the oathes of twelve men as otherwise by Information XI If any shall by preaching or otherwise avouch or notifie that any eating of fish or forbearing of flesh is necessary for the saving of the soule or the service of God otherwise then as other Politique lawes be shall be punished as a spreader of false news See Newes XII Stat. 35. El. 7. The above said penalty of 3. l. is mitigated to xx s. and that of xl s. to 13. s. 4. d. Fishmonger S. Victuall 2. Force Forcible Entry I. Stat. 5. R. 2.7 None shall enter into lands or tenements by force in paine of Imprisonment and Ransome at the Kings pleasure II. Stat. 15. R. 2.2 When forcible entry is made into lands or into Church-livings one or more Just of P. taking sufficient power and going to the place so kept by force may commit the offender to the next Gaole there to remaine convict by the Justices record till he hath made fine and Ransome to the King And herein the Sheriffe and all others shall be Assistants in pain of Imprisonment great fines making III. Stat. 8. H. 6.9 The Stat. of 15. R. 2.2 shall be duly put in execution both against forcible entry and also against forcible detainer although it be after peaceable entry and all this at the Costs of the party grieved IV. When complaint of any such entry or detainer shall be made to any Justice or Justices of P. he or they by precept shall command the Sheriffe to summon a sufficient Jury and having by them made Inquity of the force committed shall cause the tenements to be reseised and that as well in the absence as presence of the party offending And here the Alienation of Tenements so entred into or detained by force for maintenance shall be adjudged void V. If the Jurors make default Issues are to be set upon them by the Sheriffe thus xx s. upon the first precept xl s. upon the second C. s. upon the
I. Stat. 3. E. 1.9 All persons shall be ready to pursue felony in paine of Imprisonment and great Fines making II. Stat. of Winchester 13. E. 1.1.2 28. E. 3.11 Fresh Suit shall be made after selons from town to town and from Country to Country And if they be not taken within 40 dayes the Hundred shall be answer able for the damages or two Hundreds when the felony shall be committed in the division of those two Hundreds III. Stat. 27. El. 13. The Hundred where fresh Suit shall cease shall answer half the damages to the Hundred wherein the felony shall be committed to be recovered in any Court at Westminster in the name of the Clerk of the P. of the County wherein the felony was committed and here the death or change of the Clerk of the P. shall not abate the Suit IV. When in this case damages are recovered against one or some few Inhabitants of the Hundred and the rest refuse to contribute thereunto two Just of P. 1. Qu. dwelling within or neere the same Hundred shall for the levying thereof set a tax upon every parish within that Hundred according to which the Constables and headboroughs of every towne shall tax the particular Inhabitants and levy the money upon them by distresse and sale of goods and deliver the mony levyed to the said Just or one of them V. No Hundred shall be chargeable when any one of the malefactors shall be apprehended or when the Action is not prosecuted within one year after the Robbery committed VI. No Hue and Cry shall be deeemed legall unlesse the pursuit be both by horse and foot VII No person robbed shall maintain an Action in this case unlesse with all convenient speed he make the Robbery knowne to the next towne village or hamlet and within twenty dayes before the Action brought make oath before a Just of P. dwelling within or neere the Hundred where the Robbery was committed whether he know the parties that robbed him or any of them And if he know them shall enter into sufficient Bond before the same Justice to prosecute the person or persons so by him knowne by Indictment or otherwise according to the Law VIII Stat. 39. El. 25. A remedy for the Inhabitants of the Hundred of Benhurst in the County of Berks for Recovery of such summes of money as shall be gained from them by force of the Stat. of 27. El. 13. S. Burglary 1. Hunters Hunting I. Stat 1. E. 1.20 Trespassers in Parks or Ponds shall give treble damages to the party grieved suffer three yeares imprisonment be fined at the Kings pleasure and give surety never to offend in the like kind again and if they cannot find surety they shall abjure the Realme or being fugitive shall be outlawed II. If they be attainted to have taken tame Beasts they shall be prosecuted as Felons III. Stat. 21. E. 1. A Forester Parker or Warriner shall not be questioned for killing a Trespasser that after the peace cried unto him will not yeeld himself so it be not done out of some other former Malice IV. Stat. 13. R. 2.13 No lay man which hath not lands of xl s. per Annum nor Clerk which hath not x. l. Revenue per Annum shall have or keepe any Greyhound Hound Dog Ferret net or Engine to destroy Deere Hares Conies or any other Gentlemans game in pain of one whole yeares imprisonment which I. of P. have power to inflict V. Stat. 1. H. 7.7 If any shall hunt within Forests Parks or Warrens in the night time or disguised one of the Kings Counsell or a Just of P. to whom information here of shall be made shall by his warrant cause the offender to be brought himselfe or some other Counsellor or Just of P. to be examined where if he conceale the fact such hunting shall be deemed felony but being confessed the offence is onely finable at the next generall Sess And here a rescous of the execution of any such warrant shall also be deemed felony VI. Stat. 19. H. 7. None shall keep any Deeres Haies or Buckstalles save in his own Forest or Park in pain to forfeit for every moneth they are so kept xl l. neither shall any stalk with any bush or beast to any Deer except in his own Forest or Park in pain of x. l. VII None shall take an old Heron without his owne ground in paine of 6. s. 8. d. nor a yong Heron in pain of x. s. for which forfeitures every man that will may sue by Action of Debt or otherwise VIII Any two Just of P. in Sess may examine the offenders abovesaid and commit them to Prison till they shall have satisfied the said forfeitures whereof the said Justices are to have the tenth part for their paines IX Stat. 3. Jac. 13. None shall without the owners licence kill or chase any Deer or Conies in any Parkes or inclosed grounds in paine to yeeld treble dammages to the partie grieved to suffer three moneths imprisonment and to be bound with good sureties to the good behaviour for seaven years after or to remain still in Prison till he find such sureties But here the party grieved being satisfied hath liberty to release the behaviour X. Just of Oy and Term. Just of Ass and Just of P. in Sess have power to heare and determine these offences and Just of P. in Sess upon Confession and satisfaction to the party grieved have power to release the behaviour XI If any person not having xl l. per Annum in lands or 200 l. in goods or some inclosed ground used for Deere or Conies worth xl s. per Annum at least shall use any Gun Bow or Crossebow to kill any Deer or Conies or shall keep any Buckstall Ferret dog net or other Engine it shall be lawfull for any person having lands worth 100 l. per Annum to take such Gun c. from any such person and to convert the same to his own use XII This Act shall not extend to any Park or inclosed ground hereafter to be made and used for Deere or Conies without the Kings Licence XIII Stat. 7. Jac. 13. It shall be in the election of the party grieved whether he will take for satisfaction x. l. in money or treble dammages as by the Stat. 3. Ja. 13. is limited S. Hawkes 11.21.22 Jesuites S. Recusants Images S. Bookes Imbracery S. Embracery Imbezeling of a Record S. Felony 6. Indictments I. STat. 1. E. 3.17 Indictments before Sheriffes Bayliffes or others shall be delivered by Indenture to the Justices when they come to make deliverance II. Stat. 7. H. 5. A remedy against such as doe indict or appeale others of Treason or Felony supposed to be committed in a place within the County of Lancaster where there is no such place concerning which Just of P. within that County have power to inquire and to inflict punishment viz. Imprisonment Fine and Ransome S. Stat. 9. H. 5.1 18. H. 6.12 33. H. 6.2 III.
shall be assigned keepers of the Peace by the Kings Commission who together with other wise and learned in the Law shall have power to heare and determine Felonies and Trespasses done in the same Counties and to inflict punishment according to Law and reason VIII Stat. 34. E. 3.1 There shall be assigned in every County for the keeping of the Peace one Lord and three or four of the most worthy of the County with some learned in the Law who shall have power to arrest and Chastise rioters Barretors and other offenders according to the law and their owne discretions to bind people of evill fame to the good behaviour and to heare and determine felonies and trespasses done in the same County IX All generall inquiries heretofore granted within any seigniories for the mischiefes done there shall from henceforth cease and be repealed X. The fines imposed by I. of P. for trespasses shall be reasonable and just XI Stat. 42. E. 3.4 All commissions of inquirie except of Escheatorship shall be directed to the Justices of the one Bench or other to the Just of Ass or to the most worthy in the Country and to none other XII Stat. 12. R. 2.10 In every Commission there shall be but six Justices assigned who shall keep their Sess every quarter at least in pain to be punished at the discretion of the Kings Councell XIII Every Justice of P. shall have for his wages 4. s. a day and the Clerke of the P. 2. s. for so longtime as the Sessions shall last to be paid by the Sheriffe out of the Amerciaments arising at the same Sessions XIV No steward of any Lord shall be assigned in any Commission neither shall any association be made to the Justices of Peace after the first Commission XV. Judges and Serjeants at Law shall not be bound to attend the Sessions but when they may conveniently intend it XVI Stat. 13. R. 2.7 Notwithstanding the Stat. of 12. R. 2.10 which prohibits the stewards of Lords to be Justices the most sufficient Knights Esquires and Gentlemen of the Law shall be put in Commission and sworne to put in execution without favour all statutes which concern their office XVII Stat. 14. R. 2.11 There shall be 8. Justices of Peace assigned in every County XVIII Double estreats of Amerciaments at the Sessions shall be made containing the names of all the Justices there present and the number of dayes they sit and one of them delivered to the Sheriffe out of which he is to answer the Justices their wages by indenture according to which the Sheriffe shall be again allowed the wages in the Exchequer upon his accompt But no Duke Earle Baron or Baronet although he be Justice of Peace and hold Sess with the other eight shall have any wages allowed him XIX Stat. 17. R. 2.10 In every Commission of Peace two men of Law of the same County shall be assigned to goe and proceed to the deliverance of Theeves and Felons XX. Stat. 2. H. 5.4 Justices of the Peace in every Shire named of the Quorum shall be resiant within the same Shire except Lords Judges Serjeants at law the Kings Atturney and shall keep their Sessions sour times in the year viz. in the first week after Michaelmas Epiphany Easter and the translation of Saint Thomas being the third of July and more often if need require XXI Stat. 11 H. 6.6 No suit before Justices of P. shall be discontinued by a new Commission of Peace XXII Stat. 14. H. 6.4 Just of Peace in Middlesex are not compellable to keep their Sess above twice in the yeare notwithstanding the stat of 12. R. 2.10 Yet may they keep them oftner if need be at their discretions XXIII Stat. 18. H. 6.11 None except men learned in the Law or inhabiting Corporations shall be Justices of Peace unlesse their lands be worth xx l. per Annum XXIV If any be put into the Commission not having lands of that value and doe not within one moneth after his notice thereof acquaint the Lord Chancellor therewith or doe make warrant by force of such Commission he shall forfeit to the King xx l. to be divided betwixt the King and the prosecutor XXV Stat. 3. H. 7.1 Justices of P. have power to impannell an Enquest to inquire of the concealements of a former Enquest and to Assesse in open Sessions the Amerciaments of the first Enquest at their discretions XXVI Just of P. shall at the next generall Sess certifie recognisances taken for keeping of the Peace where if the party being called do not appear those Recognisances shall be certified into the Chancery Kings Bench or Exchequer XXVII Stat. 33. H. 8.10 37. H. 7. All Just of P. shall at their generall Sess endeavour amongst themselves to understand the meaning and intents of all statutes which concern vagabonds Retayners giving Liveries Signes Tokens or Badges maintenance embracery Bowstaves and Archery unlawfull games Forestallers and Regrators victuall victuallers and inholders and of all other statutes made in this present Parliament and shall then also advise amongst themselves how the same may be best put in due Execution XXVIII All processe and proceedings shall be continued from Sess to Sess And the said Justices shall in Sess have power to enquire hear and determine the breach of the said statutes as well by verdict as by any other information or Confession of the party and to make processe by Venire facias Capias Exigent under the Seal of the same Justices or two of them and also to reform panels of Jurous according to which the Sheriffe shall make his Return upon the paine limited by the Stat. of 3. H. 8.12 XXIX Stat. 1. E. 6.7 Preferment of a Justice or Commissioner to a higher dignity as to be a Duke Archbishop Marques Earle Vicount Baron Bishop Knight Judge Serjeat at Law or Sheriff shall not diminish his power 31. XXX No Suit before any Justices or Commissioners shall be discontinued by a new Commission or by the alteration of any of their names XXXI Stat. 1. M. 8. None shall be Justice of Peace during his Shrevalty notwithstanding the statute of 1. E. 6.7 XXXII Stat. 2.3 P. M. 18. A new Commission of the Peace or G. D. for the whole County shall not be a Supersedeas to a former like Commission granted to a City or towne Corporate there being no Countie XXXIII Stat. 1. E. 1. 7. Jac. 6. Every Justice of Peace ought to take the oaths of Supremacy and obedience which see in Recusants 8.88 Kidder S. Badger Kings Bench S. Poore People 15. Labourers Artificers Servants Apprentices I. STat. 21. H. 8.7 Servants that go away with or otherwise imbezill their Masters or Mistresses goods to the value of xl s. worth with an intent to steale them being put in trust therewith shall be punished as Felons II. This Act shall not extend to Apprentices nor servants under the age of eighteene years III. Stat. 2.3 E. 6.15 Artificers workmen
debate in the Kings Court without the Kings speciall Licence in paine to lose the Church and his service and that no Clerk of any Justicer or Sheriffe take part in any Suites or use fraud whereby Common right may be delayed in paine to be punished as aforesaid and more grievously if the Trespasse require it III. Stat. West 2.13 E. 1.48 The Chancellor Treasurer Justices any of the Kings Councell Clerk of the Chancery Exchequer or of any Justice or other officer or any of the Kings house Clerk or Lay shall not receive any Church or Advowson of a Church Land or Tenement in Fee by gift by purchase to farme by Champerty or otherwise so long as the same thing is in Plea nor shall take any reward thereof in pain to be punished at the Kings pleasure both the buyer and seller IV. Stat. 28. E. 1.11 None shall take upon him a businesse in Suit with an intent to have part of the things sued for neither shall any upon any such Covenant give up his right to another in pain that the taker shall forfeit to the King so much of his lands and goods as doth amount to the value of the part so purchased for such maintenance to be recovered by any that will sue for the King before the Justices before whom the Plea hangeth V. This statute shall not prohibite any to take Counsell at Law for his Fee or of his parents or next friends VI. Stat. 33. E. 1. He that shall be attainted of Champerty or Maintenance shall suffer three years imprisonment and be fined at the Kings pleasure VII Stat. 1. E. 3.14 None shall take upon him to maintain quarrels and parties in the Country to the Let and disturbance of the Common law VIII Stat. 4. E. 3.11 Justices of the Benches Justices of Assise and of nisi prius shall heare and determine maintenance Conspiracy and Champerty IX Stat. 20. E. 3.4 None shall maintain any quarrels save only their own X. Stat. 1. R. 2.4 No great officer of the King shall maintaine quarrels in the Country in pain of a Fine to be set by the King and his Councell and no other person in pain of Imprisonment and to be fined at the Kings will and if he be the Kings officer or houshold servant he shall also lose his place Stat. 1. R. 2.7 None shall give liveries for maintenance of Quarrels in paine of Fine and imprisonment XII Stat. 1. R. 2.9 All gifts or Feoffments of lands Tenements or goods for maintenance shall be void XIII Stat. 7. R. 2.15 The Statutes of 1 E. 3.14.4 E. 3.11 1. R. 2.4 9. shall be duly executed in all points XIV Stat. 4. H. 4.8 If any make forcible entry into lands by way of Maintenance the Chancellor of England shall grant a speciall Assise without suing to the King and if the Disseisor shall be attainted thereof he shall suffer one whole yeares imprisonment and restore double damages to the party grieved XV. Stat. 32. H. 8.9 All statutes which concerne Maintenance Champerty and Embracery shall be duly put in execution XVI None shall buy any pretended right or Title in any land unlesse the seller hath taken the profits thereof one whole yeare before in pain that both the buyer and seller shall each of them forfeit the value of the same land to be divided betwixt the King and the prosecutor XVII None shall unlawfully maintain any Suit or action retain any person for Maintenance Embrace Jurors or suborn witnesses to the hinderance of Justice or the procurement of perjury in pain to forfeit for every such offence x. l. to be divided betwixt the King and the prosecutor XVIII Howbeit purchasing of a pretenced Title by him that is already lawfully possessed of the thing whereunto Title is made is lawfull XIX Proclamations shall be made at the Assises of the Statutes made against Maintenance Champerty Embracery and unlawfull Retainers XX. The Offenders against this Act shall be prosecuted within one yeare See Actions Popular 12.15.18 Force 4. Marches Stat. 31. H. 6.3 They may punish such as shall unlawfully against the provision of this Statute attach men dwelling farre off to appeare in the Warden Courts of the Marches neere Scotland Mariners S. Captaines 32.35 c. Markets S. Horses 11 c. Marshalls of the Kings Bench S. Bailement 3. Marshalsey S. Poor people 15. Marshes Stat. 7. Jac. 20. Their power in recovering Marshgrounds in Norfolk and Suffolk Masons Stat. 3. H. 6.1 It shall be Felony to plot confederacies amongst Masons those which assemble upon such confederacies shall suffer Imprisonment and pay fine and ransome at the Kings pleasure Matrimony I. Stat. 7. Jac. 11. It shall be Felony for any person to marry which hath had notice that his or her former husband or wife was living within seaven yeares before II. The Triall in this case shall be in the County where the party delinquent shall be apprehended III. But this Statute shall not extend to question any for Felony where the former marriage was before the latter severed by divorce or declared void in the Ecclesiasticall Court or was made before the age of consent neither shall the breach of statute draw after Corruption of blood losse of Dower or disinherison of heire or heires Mault I. Stat. 17. R. 2.4 Mault made in the Counties of Huntington Cambridge Northampton and Bedford and brought to London for the provision of the Court and City shall be well clensed from Dust and other filth And Maiors Bailiffes and Wardens of townes and places where it is sold have power to make search and to see such defaults redressed II. Stat. 2. E. 6.10 None shall imploy lesse time in the making and drying of Mault except in the moneths of June July and August then three weekes and in these moneths lesse then seaventeen dayes nor put to sale any Mault mingled of good and bad in pain to forfeit for every quarter otherwise ordered or sold 2. s. to be divided betwixt the King and the prosecutor III. None shall put any Mault to sale before by tredding rubbing and Fanning it he shall have conveniently taken out of every quarter halfe a peck of Dust or more in paine to forfeit xx d. for every quarter otherwise sold to be divided betwixt the King and the prosecutor IV. Justices of Peace in Sessions and Stewards of Leets have power to heare and determine these offences as well by presentment of 12. men as by information of two Witnesses V. Baylisses and Constables of townes and places where faulty Mault is made or mingled as aforesaid have power to make search for it and being found with the Advise of a Justice of P. to make sale thereof at their discretions VI. None shall be punished by this Act which only maketh mault for his owne provision nor unlesse the Action be prosecuted within one yeare VII Stat. 39. El. 16. Justices of Peace in Sess have power at their discretions to restraine the
none V. Stat. 14. E. 3.15 No pardon of the death of a man or other Felony shall be granted but only where the King may doe it saving the oath of his Crowne and if any pardon be granted against the Statutes made before this time it shall be holden for none VI. Stat. 27. E. 3.2 Pardons which have not in them the suggestion whereupon they are granted and also the suggestors name shall be void so are those likewise which are granted upon false suggestions VII Stat. 13. R. 2.1 In a Pardon the offence committed shall be specified otherwise it shall not be allowed VIII No pardon of Treason or Felony shall passe without warrant of the Privy Seale IX If the offence pardoned be afterwards found wilfull murder that Pardon shall not be allowed X. Stat. 5. H. 4.2 If an approver shall commit felony after he is pardoned he that procured his pardon shall forfeit C. l. whose name shall also for that purpose be inserted in the said Pardon Parks S. Hunting Parliament I. Stat. 23. H. 6.11 The Sheriffe the next County Court after he shall have received the writ for assessing the wages of the Knights of the Parliament shall make proclamation that the Coroners Chiefe Constables Bayliffes and all other that will appeare at the next County Court to Assesse the same Wages at which last County the Sheriffe and the other officers shall be present in proper person in pain that every one which makes default shall forfeit xl s. II. The Sheriffe or other officer which levies more then is assessed shall forfeit xx l. to the King and x. l. to the prosecutor III. Justices of both the Benches Just of Assise G. D. and of P. have power to heare and determine these abuses as well at the Suit of the King as of the party IV. This Assessment shall not be levied but only in places where it hath been formerly levied and hereafter in every writ for that purpose this Act shall be inserted V. Stat. 35. H. 8.11 Two Justices of P. in every County of Wales and Monmouthshire have power to tax the Cities Burroughs and townes there what proportion every of them shall pay towards the Charges of their Burgesses for the Parliament VI. It appeares by the preamble of this Statute that the Wages of a Knight of the Parliament is 4. s. the day and of a Burgesse 2. s. or more Partridges S. Hawkes Paving I. Stat. 13. El. 23. An Act made for the paving of certaine streets and Lanes about Aldgate and white Chappell in the suburbs of London and for clensing certaine ditches thereabouts and that I. of P. of London and Middlesex may inquire and assesse fines for defaults to the Queenes use II. Stat. 23. El. 12. This Statute is an Addition of the former by vertue whereof I. of P. there have power to make a Scavenger Penall Statutes S. Actions Popular Perjury I. Stat. 5. El. 9. None shall suborne a Witnesse to give testimony in any Court of Record concerning any lands goods Debts or damages in paine of xl l. And if the offender being convicted thereof hath not wherewithall to satisfie the said Forfeiture he shall suffer six moneths imprisonment without Baile stand upon the Pillory one whole houre in the next or same market Towne where the offence was committed and be for ever after disabled to give Testimony in any Court of Record untill the Judgement given against him be reversed by Attaint or otherwise See Maintenance II. He that commits wilfull perjury shall forfeit xx l. suffer six moneths Imprisonment without Baile and be ever after disabled to give Evidence untill the Judgement given against him shall be reversed as aforesaid And here also if he hath not wherewithall to discharrge the fine in the Country the Sheriffe or in a Corporation the Head officer shall cause him to be set upon the Pillory in some market place and to have both his eares nailed III. The Forfeitures abovesaid shall be divided bet wixt the Queene and the party grieved IV. Judges of the Courts where such offences shall happen to be committed I. of Ass G. D. and of P. have power to heare and determine the same offences V. This statute shall be proclaimed at every Assise VI. This Act shall not extend to any Court ecclesiasticall but that they may there proceed as in times past VII This Act shall not restraine the pow-of the Star Chamber to punish haynous Perjuries VIII Howbeit none served with a Processe out of a Court of Record to testifie as a witnesse being tendred convenient charges and having no reasonable let shall therein make default in pain to forfeit x. l. and to yeild such further Recompence to the party grieved as the Judge of the same Court shall think fit according to the damage sustained which said summes shall be recovered by the said party grieved in any of her Majesties Courts of Record by Action of Debt wherein no wager essoine or protection shall be allowed Petty Treason S. Clergy Pewter S. Brasse Physitians I. Stat. 14. H. 8.5 None shall practice Physick in the Country without a Testimoniall of his sufficiency from the Colledge of Physitians in London unlesse he be a Graduate of one of the Universities II. Stat. 1. M. 9. Sess 1 Just of P. Maiors Sheriffes Bayliffes Constables and other officers shall assist the President of the Colledge of Physitians in London and all persons authorised by them for the due execution of their Lawes and Statutes in pain to run in Contempt of the Queenes Majestic her heires and successors Pillory S. Weights Plague I. Stat. 1. Jac. 31. The Maior Bayliffes Head officers or Just of P. of a Corporation or any tvvo such Justices have power to tax the Inhabitants there towards the reliefe of those which are infected with the Plague and to make warrant under their hands and seales for any person to levy the said tax upon the goods of those which shall refuse or neglect to pay the same And if no goods can be found to satisfie the tax upon the parties refusall of it to commit him to Prison there to remaine untill the tax be satisfied II. If the Corporation shall not be able to relieve the persons infected upon Certificate thereof to the Just of P. of the County thereunto adjoyning or any tvvo of the said Justices shall have like povver to tax levy and imprison as aforesaid within five Miles distance of the said Corporation III. In townes and places not corporate or where there are no Justices or Head officers as aforesaid tvvo Justices of P. of the County shal tax levy and imprision as aforesaid vvithin five Miles distance of the towne or place so infected IV. These taxes shall be certified in at the next Qu. Sess of the Corporation or County respectively and shall there be ordered as by the Justices there or the more part of them shall be thought fit V. The Constable or other officer which wilfully neglects to levy the
servant without bringing women Pages or dogs with them XXIV Stat. 18. E. 3.4 In Commissions for Purveyance the fees of the Church shall be excepted XXV Stat. 25. E. 3.6 No purveyour shall take any timber growing about a mans house in paint of one yeares imprisonoment and the losse of his Office XXVI Stat. 25. E. 3.15 No Purveyour shal take more Sheep for the Kings house before sheere-day then shall be needfull in paine to suffer as Felon and this paine shall be inserted in every Commission of Purveyance XXVII 28. E. 3.12 When the value of the Purveyance exceeds not 20. s. present payment shall be made for it when it amounts to more payment shall be made for it within one quarter of a year after upon a certain day and at a place convenient for the party that is to receive it XXVIII Stat. 34. E. 3.2 No Purveyance shall be hereafier made save onely for the King Qucene or Prince XXIX Stat. 34. E. 3.3 As concerning Purveyances for the Qucene or Prince present payment shall be made for Poultry or other shall things but for other great purveyances within a month or six weeks XXX Stat. 36. E. 3.2 From henceforth purveyances shall be made for the King and Qucenes houses onely and no other XXXI The heinous name of Purveyor shall be changed and named Buyer XXXII If the Buyer and Seller cannot agree the goods shall be appraised by the Lords or Bailisses Constables and foure men containing the quantity of the takings the price and of what persons which takings shall be made without dures or compulsion in places of plenty and in a convenient time XXXIII Purveyors shall be men of sufficiency and shall make no Deputies Their Commission shall be renewed every halfe yeare under the Great Seale which none is bound to obey unlesse they pay ready money as well for things bought as also for carringes XXXIV Purveyance of Graine or Malt shall be taken by striked measure according to the Standard and no more carriages to be used for it then shall be needfull XXXV If any Purveyor or Buyer offend against this Statute he shall suffer punishment of life and member See this Statute consirmed 23. H. 6.1 XXXVI Stat. 36. E. 3.3 No Buyer shal spare any from carriages for reward nor charge any for hatted or evill will in paine to yeeld to the party grieved treble damages suffer two yeares imprisonment to be ransomed at the Kings will and to abjure the Court and if the party grieved will not sue in this Case any other that will shall have the third penny of what shall be recovered XXXVII 36. E. 3.4 Commissions shall be awarded to inquire of the behaviour and acts of such Buyers XXXVIII Stat. 36. E. 3.5 None shall keep more horses of the Kings then shall be committed to him XXXIX None of the King or Queenes houses shall make any Purveyor but shall buy provision as others do of those which are willing to sell XL. Stat. 36. E. 3.6 It is felony for any subjects servant to take any thing by way of Purveyance without the owners notice See Stat. 7. R. 2.8 XLI Stat. 1. R. 2.3 Prelates shall have their actions of Trespasse against Purveyors offending and shall also recover treble damages XLII 20. R. 2.5 None shall take away any mans horse or other thing whatsoever upon pretencde of hastice businesse in paine of Imprisonment till he agree with the party grieved XLIII 2. H. 4.14 When the value of the thing taken exceeds not 40 s the Purveyor shall make present payment for it in apine to lose his Office and also to pay as much to the party grieved XLIV Stat. 1. H. 5.10 No Purveyor shall take any Corne by other measure then according to eight bushels striked for the Quarter in apine to suffer one yeares Imprisonment forfeit 5. l. to the King and as much to the party grieved And the Purveyor shall make present payment for the carriage thereof and nothing shall be taken for the measuring of such Corne. Justices of P. have power to heare and determine this offence XLV Stat. 1. H. 6.2 The Statutes of Purveyors shall be proclaimed quarterly by every Sheriffe throughout his Bailiwick in paine to forfeit 5. l. for every time he makes default XLVI Stat. 20. H. 6.8 A Purveyor that takes goods whose value exceeds not 10. s. and payes not present money for them may lawfully be resisted And here the Constable Headborough or other Officer shall upon request assist the owner in paine to yeeld unto the said owner the value of the goods so taken and double damages XLVII None of the Kings Officers shall arrest or trouble any of the Kings subjects for any such resistance in paine of 20. l. to be divided betwixt the King and the prosecutor XLVIII Justices of P. have power to heare and determine the offences committed against this Act and upon conviction of the defendant to award damages to the Plaintiffe XLIX In every Purveyors Commission this Act shall be inserted and shall also be sent to the Sheriffes of every County to be proclaimed amongst other Statutes of Purveyors according to the Stat. of 1. H. 6.2 L. Stat. 23. H. 6.1 2. Every Purveyor before he receive his Commission shall be sworne in the Chancery to take nothing of the Kings subjects contrary to the Statute of 36. E. 3.2 3. LI. The party grieved by taking which upon request was not assisted by the Praysor Towne or Townes adjoyning may bring his Action of Debt against the Towne or the Purveyor which he likes best and shal recover the treble value of his goods so taken away together with his costs treble damages And none of the Kings Officers shall trouble any of the Kings subjects for the execution of this Act in paine to forfeit 20. l. to the party grieved besides his costs and damages for which he may have a Writ of Debt in which Action no Wager of Law Assoigne Aide of the King or Protection shall be allowed And the debt damages and executions recovered against a Purveyor in this Case if he hath not whereof to pay them shall be satisfied by the Serjeant of the Catery unto whom a Scine facias shall be directed for that purpose LII These Statutes shall be sent to the Just of P. in every County to the end they may be yearely proclaimed LIII Stat. 23. H. 6.14 All Maiors Bailiffes Constables and other Officers shall upon request made arrest and imprison without baile all Purveyors except only the Kings or Queens which take any goods or carriages from any of the Kings subjects in paine to forfeit 20. l. to be divided betwixt the King and the party grieved in case he will sue for it but if not then betwixt the King and the prosecutor And the party offending being duely convicted thereof shall yield to the party grieved the treble value of the goods so taken and double costs and besides shall fine to the King for
LXIX Every married woman shall be bound by this Act save only by the clause of Abjuration LXX Stat. 1. Jac. 4. All the aforesaid Statutes made in the time of Queene Eliz. shall be duely put in execution against all such as do not conforme themselves as aforesaid LXXI Where the Ancestor dies a Recusant the heire being none or conforming himselfe and taking the Oath of Supremacy before the Archbishop or Bishop of the Diocesse the lands shall be freed from all penalties LXXII If an heire within age after he shall have accomplished the age of 16. years doth still continue a Recusant his lands shall not be freed untill he do conforme and take the Oath of Supremacy as aforesaid LXXIII A third part of every Recusants lands shall remaine cleere unto him from seisure or extent and the other two parts shall remaine in the Kings hands both before and after the Recusants death untill the King shall be fully satisfied all the arrerages for the 20. l. a month according to 23. El. 1. LXXIV None shall send any child or other person under their government beyond the Seas to be instructed in the Popish Religion in paine of 100. l. and they which are so sent shall be incapable as to themselves only of any grant or Inheritance due unto them or to others for their use LXXV Ifa woman or child under the age of 21. yeares be suffered to passe the Seas without the licence of the King or of six of the Privy Councell under their hands except Saylors Ship-boyes or Merchants Factors or Apprentices the Officers of the Port shall forfeit their Offices and all their goods the Owner of the Ship his Ship and Tackle and the Master of the Ship all his goods and besides shall suffer a yeares imprisonment without Baile 119. LXXVI None out of the Universities shal keep Schoole except a Free Schoole or in some persons house that is no Recusant or by licence of the Bishop or Ordinary in paine to forfeit 40. s. a day LXXVII The forfeitures of this Act shall be divided bewixt the King and the Prosecutor LXXVIII Stat. 3. Jac. 4. A Recusant that conformes shall within one yeare after and so once every yeare at least receive the blessed Sacrament in paine to forfeit for the first yeare 20. l. for the second 40. l. and for every default after 60. l. and if after he hath received it he make default therein by the space of a whole yeare he shall forfeit 60. l. LXXIX These forfeitures may be recovered before Just of P. in Sess or in any other Court of record and are to be divided betwixt the King and the prosecuter LXXX The Church-wardens and Constables of every Parish or one of them or if there be none such then the High Constable of the Hundred there shall present once every yeer at the Generall Sessions of Peace the monethly absence from Church of every Popish Recusant and their children being above the age of nine yeers and their servants together with the age of their children as neer as they can know them in pain to forfeit respectively for every such default 20. s. which presentment the Clerk of the Peace or Town Clerk shall record without fee in pain of 40. s. LXXXI If upon such presentment being the first the Recusant be convicted the Officer that presents him shall have 40. s. to be levied by warrant upon the Recusants goods and estate as the more part of the Justices of Peace shall think fit LXXXII Just of Ass G. D. and P. have power to heare determin of all Recusants offences as well for not receiving the Sacrament according to this Act as also for not coming to Church according to former laws And likewise to make proclamation that they shall render themselves to the Sheriffe or Bailiffe of the Liberty where they are before the next Ass G. D. or Sess respectively which if they do not that default being recorded shall be taken for as sufficient a conviction of them as a tryall by verdict LXXXIII Every offender not repairing to Church as aforesaid after their first conviction shall pay into the Exchequer in such of the Terms of Easter and Michaelmas as shall happen next after such conviction the summe then due for the forfeiture of 20. l. a moneth and yeerly after that in the same Terms according to the rate of 20. l. a moneth except where the King shall be pleased to take two third parts of their lands and leases in lieu thereof or that they conform themselves and come to Church LXXXIV Every conviction shall before the end of the Term next following be certified into the Exchequer in such convenient certainty that the Court may thereupon award Processe for the seisure of all the offenders goods and two parts of his lands and leases in case the 20. l. a moneth be not paid as aforesaid LXXXV The King may refuse 20. l. a moneth and take two third parts of the Recusants lands and leases but here he shall not include the Recusants Mansion house nor demise his two parts to a Recusant or to any other for a Recusants use And the Kings lessee for his two parts shall give such security against committing of waste as by the Court of Exchequer shall be thought sufficient LXXXVI It shall be lawfull for the Bishop of the Dioccsses or two Justices of P. one Quorum out of Sess to tender the Oath hereafter following to any person eighteen yeers old or above except noble men and noble women which stands convicted or indicted of Recusancy hath not received the Sacrament twice in the yeer next before or passing thorow the Countrey and examined upon oath confesseth or at least denyeth not that he or she is a Recusant or that he or shee hath not received the Sacrament twice in the yeer next before which Bishop or Justices shall certifie the name and dwelling of the person so taking the same Oath at the next generall Sess where the Clerk of the P. or Town Clerk shall record them LXXXVII If the parties refuse to answer upon oath or to take the Oath aforesaid tendered unto them the Bishop or Justices aforesaid shall bind them over to the next Ass or Sess where if they again refuse it they shall incurre a Praemunire except women covert who in that case shall only suffer imprisonment till they take it LXXXVIII The tenour of the Oath is as followeth 1 A. B. doe truly and sincerely acknowledge professe testifie and deelare in my conscience before God and the world That our Soveraigne Lord King James is lawfull and rightfull King of this Realme and of all other his Majesties Dominions and Countries And That the Pope neither of himselfe nor by any authority of the Church or See of Rome or by any other meanes with any other hath any power or authority to depose the King or to dispose of any of his Majeslies Kingdomes or Dominions or to authorize any forrain
Prince to invade or annoy him or his Countries or to discharge any of his subjects of their allegiance and obedience to his Majestie or to give licence or leave to any of them to beare armes raise tumult or to offer any violence or hurt to his Majesties Royall person state or government or to any of his Majesties subjects within his Majesties Dominions Also I doe sweare from my heart That notwithstanding any declaration or sentence of excommunication or deprivation made or granted or to be made or granted by the Pope or his successors or by any authority derived or pretended to be derived from him or his Sce against the said King his heires or successors or any absolution of the said subjects from their obedience I will beare faith and true allegiance to his Majestie his heires and successors and him them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their persons their crowne and dignity by reason or colour of any such sentence or declaration or otherwise and will do my best endeavour to disclose and make knowne unto his Majesty his heires and successors all treasons and traiterous conspiracies which I shall know or heare of to be against him or any of them And I doe further sweare That I doe from my heart abhor detest and abjure as impious and hereticall this damnable doctrine and position That Princes which be excommunicated or deprived by the Pope may be deposed or murthered by their subjects or any other whatsoever And I do beleeve and in my conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve mee of this Oath or any part thereof which I acknowledge by good and full authority to be lawfully ministred unto mee and doe renounce all pardons and dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these expresse words by mee spoken and according to the plain and common sense and understanding of the same words without any equivocation or mentall evasion or secret reservation whatsoever And I do make this recognition and acknowledgement heartily willingly and truly upon the true faith of a Christian So help mee God LXXXIX Unto this Oath the party taking it shall subscribe his name or mark XC No indictment against a Recusant shall be reversed for lack of form other then by direct Traverse to the point of not coming to Church or not receiving the Sacrament as aforesaid XCI The party conforming himself shall from thenceforth be admitted to discharge or reverse an indictment XCII None shall go out of this Realm to serve any forrein Prince or State without first taking the Oath aforesaid in pain to be adjudged a felon And if hee hath born office amongst souldiers before his departure out of the Realme hee shall enter into bond unto the Kings use with the condition following upon the like pain of being adjudged a felon XCIII The condition is this That if the within bounden c. shall not at any time then after be reconciled to the Pope or See of Rome nor shall enter into nor consent unto any practice plot or conspiracie whatsoever against the Kings Majestie his heires and successors or any his or their estate and estates Realms or Dominions but shall within convenient time after knowledge thereof had reveale and disclose to the Kings Majesty his heires and successors or some of the Lords of his or their honourable privie Councell all such practices plots and conspiracies That then the said Obligation to be void XCIV None but the Customer and Controller of a Port or their Deputies shall have power to take such bond or to minister the Oath in such case for which bond they shall only take 6. d. and nothing for the Oath And shall once every yeer certifie into the Exchequer every such bond in paine of 5. l. and every such Oath in pain of 20. s. XCV To absolve or withdraw any of the Kings subjects from their naturall obedience to his Majesty to reconcile them to the Pope or See of Rome or to move them to promise obedience to any pretended authority of the See of Rome or to any other Prince or State Or to be absolved withdrawn reconciled or to make promise as aforesaid shall be adjudged high Treason XCVI This last clause shall not extend to any reconciled as aforesaid for and touching the point of so beingreconciled only that shall returne into this Realme and within six dayes after before the Bishop of the Diocesse or two Justices of P. jointly or severally of the County where hee shall arrive submit himselfe to the King and his lawes and take the Oath of Supremacie and also the Oath abovesaid which said Oathes the said Bishop and Justices respectively shall by this Act have power to minister to such persons and shall certifie them in at the next generall Sess in pain of 40. li. XCVII Here the tryall of Treason shall be before Justices of Ass and G. D. of that County for the time being and may also be before the Justices of the Kings Bench But Peers in this case shall be tryed by their Peers XCVIII If any person repaireth not every Sunday to some Church or Chappel proof thereof being made to a Justice of P. by the parties owne confession or the evidence of one witnesse the same Justice hath power to call the party before him and if the party give not the Justice a good reason of his absence the Justice may give warrant to the Church-warden of the parish under his hand and seale to levie xii d. for every such default by distresse and sale of goods and in default of distresse the Justice may commit the offender to prison untill he pay the forfeiture aforesaid which shall be imployed ployed for the use of the poore But this offence must be prosecuted within one moneth after it is committed and none punished by this Law shall also be punished by the forfeiture of 12. d. upon the Statute of 1. El. 2. which see in Sacraments 24. XCIX None shall keep or retaine any person in their house servant or other which shall forbeare to come to Church by the space of a month together in paine to forfeit 10. l. for every month they so keep them Howbeit Children may relieve their Father or Mother and Guardians their Wards or Pupils C. The Sheriffe upon a lawfull Writ may justifie to breake a house for the taking of a Recusant Excommunicate CI. The Justices of the Kings Bench and Justices of Ass and G. D. may heare and determine all the offences committed against this Act and so may Justices of P. all save Treason CII The offences made felony by this Act shall not cause losse of Dower corruption of blood or disherison of heire CIII Here if an action shall be brought against an Officer for the execution of this Act
arraignement of the offender and to give advice concerning the offence committed VI. This offence shall be prosecuted within three months and the offender shall be admitted to produce witnesses for his default VII Stat. 2 3. E. 6.1 Every Minister shal use the Church service in such forme as is mentioned in the Book of Common Prayer established by this Act and shall not use any other or deprave the same in paine if he be beneficed and convict thereof by the verdict of 12. men his owne confession or notorious evidence of the fact to forfeit to the King for the first offence that of his benefices which the King will choose and to suffer six months imprisonment for the second to suffer one whole yeares imprisonment and to be deprived ipso facto of all his Spirituall promotions whereupon every Patron may present and for the third to suffer imprisonment during life And if he be not beneficed for the first offence he shall suffer six months imprisonment and for the second imprisonment during life VIII If any shall be convicted to have by enterludes playes songs thymes or otherwise depraved the said books or to have compelled or procured the Minister to sing or say any other Church Service or in any other forme then as aforesaid or by any such means to have interrupted or let the Minister to sing or say the said Service they shall for the first offence forfeit x. li. to the King or that not paid within six weeks after conviction shall suffer in stead thereof three moneths imprisonment without baile for the second time offending shall forfeit xx l. or that not paid within six weeks as aforesaid shall suffer six moneths imprisonment without bail and for the third time shall forfeit all their goods and suffer imprisonment during life IX Justices of Oyer and Termin and Justices of Assise have power to hear and determine these offences unto whom the Archbishop or Bishop of the Diocesse may associate himself if he please X. This shall not restrain any private man or publick Colledges to use the said Service in such tongues as they understand the holy Communion only excepted or any other to use Psalms or prayers taken out of the Bible at convenient times not letting thereby the said Service XI The offences aforesaid shall be prosecuted at the next Assise or Sessions of Oyer and Terminer after they are committed And here tryall of Peers shall be by Peers XII Chief Officers of Cities and Corporations shall also heare and determine these offences within their severall prccincts and so likewise shall Ecclesiasticall Magistrates Howbeit none shall be punished above once for one offence XIII Stat. 5 6. E. 6.1 Every person shall resort to his Parish Church or Chappel or upon just let so to doe to some other every Sunday and Holiday in pain to be punished by the censures of the Church XIV The Common prayer book now made perfect and annexed to this Act. together with the addition of consecrating Archbishops Bishops Priests and Deacons shall be used and esteemed as by the Statute of 2 3. E. 6.1 is ordained under the pains in the same Statute expressed XV. If any shall be convict by verdict of twelve men before Justice of Assise Oyer and Terminer or Peace in Sess to have wittingly heard or to have been present at any other form of Common prayer administration of Sacraments making of Ministers or other rites then what are expressed in the said book or which are contrary to the said Statute of 2 3. E. 6.1 shall for the first offence suffer six months imprisonment without bail for the second twelve months imprisonment and for the third imprisonment during life XVI Stat. 1. M. Sess 2. cap. 3. If any shall disturbe a Preacher lawfully licenced he shall be by the Constables or Church-wardens of the parish brought before a Just of Peace who upon due accusation shall presently commit him to safe custody and within six dayes after together with another Justice shall diligently examine the fact who if they find cause shall commit him to the common Gaole there to remain for three moneths and from thence to the next quarter Sessions at which upon the parties reconciliation and entring into bond for the good behaviour for one whole yeer at the discretion of the Justices in Session he shall be released but if hee persist still in his obstinacie he shall remain in prison without bail untill he shall reconcile and be penitent for his offence XVII Hee that rescues an offender in this kind shall suffer like imprisonment as aforesaid and besides shall forfeit v. li. to the Queen XVIII The inhabitants of a towne that suffer such an offender to escape shall forfeit v. li. being presented before the Justices of Peace in Sess within the County or Corporation where the escape was made XIX Justices of Peace Assise and Oyer and Terminer and Maiors and head Officers of Corporations have power to heare and determine these offences and to impose the fines aforesaid XX. This Act shall not restrain the jurisdiction of the Ecclesiasticall lawes Howbeit none shall be punished twice for one offence XXI Stat. 1. El. 2. Every Minister shall use the Church Service in such forme as is mentioned in the book of Common prayer established by 5 6. E. 6.1 together with the addition of certain lessons to be used on every Sunday in the yeer and the form of the Letany altered and corrected and two sentences only added in the delivery of the Sacraments to communicants XXII If any Minister shall be convicted by the verdict of twelve men his owne confession or notorious evidence of the fact to have refused to use the said Church service or to have used any other rite ceremony order forme or manner then is set forth in the said book or to have depraved the same book or any thing therein contained he shall forfeit being a benefited man for the first offence one whole yeers profit of all his spirituall promotions and suffer six moneths imprisonment for the second shall be deprived ipsofacto whereupon every Patron may present and shall suffer one whole yeeres imprisonment and for the third shall be also deprived as aforesaid and shall suffer imprisonment during life And if he be not beneficed for the first offence he shall suffer one whole yeeres imprisonment and for the second imprisonment during life XXIII If any shall be convicted to have by enterludes playes songs rhymes or otherwise depraved the said book or to have compelled or procured the Minister to sing or say any other Church service or in any other form then as aforesaid or by any such means to have interrupted or let the Minister to sing or say the said service they shall for the first offence forfeit 100. Marks to the Queen or that not paid within six weeks after conviction shall suffer in stead thereof six moneths imprisonment for the second offence shall forfeit 400. Marks or that not
paid within six weeks as aforesaid shall suffer one whole yeers imprisonment and for the third offence shall forfeit all their goods and chattels and suffer imprisonment during life XXIV Every person shall resort to their parish Church or upon let thereof to some other every Sunday and Holiday upon paine to be punished by censures of the Church and also to forfeit xii d. to be levied by the Church-wardens there for the use of the poor upon the offenders goods by way of distresse See Recusants 98. XXV Justices of Oyer and Terminer and of Ass and Maiors and head Officers of Corporations have power to hear and determine these offences unto whom the Arch-Bish or Bishop of the Diocesse may associate himself if he please Howbeit note that by the Stat. of 23. El. 1. Justices of Peace have also power to meddle therein which see in Title Recusants 27. XXVI None shall be impeached by this Act unlesse the offence be presented at the next Sessions of Oyer and Terminer or Ass after it is committed and here tryall of a Peer shall be by Peers XXVI This Act shall not restrain Ecclesiasticall jurisdiction Howbeit none shall be punished twice for one offence Sacriledge See Clergie Schoole-masters See Recusants 26 67. Scotland See Corn 1. Horses 9 10. Seminary Priests S. Recusants Servants S. Labourers Service divine S. Sacraments Sewers I. Stat. 23. H. 8.5 Commissioners of Sewers before they can have power to execute their Commission shall take the Oath ordained by this Statute before the L. Chancellour or those whom he shall depute by Dedimus for that purpose or else before the Justices of P. in Sess II. The form of the Oath is this Yee shall sweare That you to your cunning wit and power shall truly and indifferently execute the authority to you given by this Commission of Sewers without any favour affection corruption dread or malice to be borne to any manner person or persons And as the case shall require you shall consent and endeavour your selfe for your part to the best of your knowledge and power to the making of such wholsome just equall and indifferent Laws and Ordinances as shall be made and devised by the most discreet and indifferent number of your fellowes being in Commission with you for the due redresse reformation and amendment of all and every such things as are contained and specified in the said Commission And the same Laws and Ordinances to your cunning wit and power cause to be put in due execution without savour meede dread malice or affection As God you help c. III. Stat. 13. El. 9. A Commission of Sewers shall continue in force ten yeares and the orders made by their Commissioners one yeare longer during which time of one yeare the Justices of Peace of that County or six of them 2. Qu. have power to execute such Commission and Orders as fully as the Commissioners themselves unlesse in the interim a new Commission be sent forth Sheep S. Cattell Sheriffes I. Magna Charta 9. H. 3.17 No Sheriffe Constable Escheator Coroner or any other our Bailiffes shall hold Pleas of our Crowne II. Stat. 1. H. 4.11 If a Sheriffe commit extortion and be thereof attainted he shall be punished for the same at the Kings will III. Stat. 23. H. 6.10 No Sheriffe shall let to farme his County or Bailiwicks neither shall he his under-Sheriffe or any other Bailiffe returne upon Enquests any Bailiffe Coroner Steward or any servant of theirs neither shall they take any thing for arresting or for omitting to arrest save onely the fees that follow viz. for the Sheriffe 20. d. for the Bailiffe that makes the arrest 4. d. and for the Gaoler when the party is committed 4. d. Neither shall any Sheriffe under-Sheriffe Sheriffes Clerk Steward or Bailiffe of Franchise Servant Bailiffe or Coroner take above 4. d. for the Copy of a Pannell IV. Sheriffes and other Officers shall let to Baile persons by them arrested upon reasonable Sureties having sufficient within the County persons in ward by Condemnation exemption Capias utlagatum or Excommunicatum surety of Peace or committed by command of the Justices and Vagabonds refusing to serve only excepted V. The said Officers shall take no bond of any arrested person but for appearance and to themselves onely and shall not take for it more then 4. d. and bonds otherwise taken colore officii shall be void VI. Sheriffes shall make Deputies in the Kings Courts at Westminster to receive Writs to be delivered unto them VII Sheriffes under-Sheriffes Clerks Bailiffes Gaolers Coroners Stewards Bailiffes of Franchises and all other Officers which do contrary to this Act shall forfeit for every such offence treble damages to the party grieved and besides 40. l. to be divided betwixt the King and the prosecutor VIII Justices of Assise of both the Benches and of Peace have power to heare and determine these offences IX If the Sheriffe returne a Cepi Corpus or Reddidit se he shall be chargeable to have the body of the party ready at the day of returne mentioned in the Writ X. The Warden of the Fleet or of the Gaole of the Kings Palace at Westminster shall not be prejudiced by this Ordinance XI Stat. 11. H. 7.15 No Sheriffe under-Sheriffe or Shire-Clerk shall enter in the County Court any Plaint in the absence of the Plaintife or his Attourney nor above one Plaint for one cause in paine of 40. s. to be divided betwixt the King and the prosecutor XII A Justice of Peace upon complain made hath power to examine the abovesaid Officers and Plaintife concerning the premisses and finding any of the same Officers guilty shall within three months after certifie that examination into the Exchequer in paine of 40. s. upon which examination the said Officers shall be convicted to pay the abovesaid forfeiture of 40. s. without farther inquiry XIII The Defendant in the County Court shall have lawfull summons and if the Bailiffe be therein found faulty he shall forfeit 40. s. And here also examination and certificate shal be made by a Justice of Peace as aforesaid XIV Before the Sheriffe issue forth any Estreats out of the County Court two Just of P. 1. Qu. shall view them and there being two parts of them indented and sealed by the said Justices and Sheriffe one of them shall remaine with the Justices and the other with the Sheriffe and here the Officer that collects them shall make oath before the said Justices to levy no more then what is contained in them in paine of 40. s. who may be convict of that offence by the examination of one Just of P. as aforesaid XV. The Justices of P. which are to have the controllement of the Sheriffe and his Estreats shall be named at Michaelmasse Sess by the Custos Rotulorum or in his absence by the eldest of the Quorum And the said Justices of P. upon information of the party grieved may make out like Processe against the
conveyed the next way home as aforesaid or in case they came by sea to the place where they landed from whence they are to be transported at the charge of that County to the place from whence they came VIII No impotent poor person shall passe to the Bath or Buxton without being licensed to passe by two Justices of P. where they dwell and provided with relief both for their journey and abode there and shall also return within the time limited by their licence in pain to be reputed and punished as Rogues and the city of Bath or towne of Buxton shall not be chargeable with any such IX Justices of P. of the Counties shall not intermeddle in Cities or Corporations but only the Officers of the same who shall have like power there that the said Justices have in Counties X. This act shall not extend to restrain the power which the citie of London hath in the government of St. Thomas Hospitall in Southwark or to prejudice any jurisdiction or inheritance of John Dutton of Dutton in the County of Chester Esquire XI The forfeitures and fines which shall accrue by this act other then that above otherwise limited shall be imployed for the maintenance of houses of correction or the reliefe of the poor where the offence shall be committed at the discretion of the said Justices of P. and may be levied by warrant under the hands and seals of two Justices of P. by distresse and sale of goods And here the confession of the offender or proof by two witnesses before two such Just shall be sufficient conviction XII Two Justices of P. one Quorum shall have full power to hear and determine all causes which may come in question by reason of this act XIII The Lord Chancellor or Keeper for the time being shall have power to make Commissioners to enquire of money given towards the erection or maintenance of houses of correction stocks for the poor or other such like uses XIV A seafaring man suffering shipwrack not having wherewithall to relieve himselfe and having a testimoniall under some Justice of P. his hand and seale near the place where he landed declaring the time and place of his landing the place of his dwelling or birth unto which he is to passe and the time limited for his passage may in the direct way home and within the time so limited for his passage ask and receive necessary reliefe without incurring the penalties of this act XV. This act shall not extend to children under seven years old nor to glassemen which travell without begging by licence under the hands and seals of three Justices of P. one Quorum of the County thorow which they travell XVI Stat. 1. Jac. 7. Noble personages shall authorize none to goe wandring abroad and glasse-men shall be reputed and used as rogues notwithstanding the Statute of 39. El. 4. XVII In stead of banishing an incorrigible rogue or committing him to the gallies as was ordained by 39. El. 4. he shall in open Sess be branded in the left shoulder with a burning iron having a great Roman R upon it as broad as a shilling and from thence shall be sent to the place of his last dwelling or if that cannot be known to the place of his birth after which time if he offend againe hee shall suffer as a felon without benefit of Clergie 5. XXVIII Every person that seeth or knoweth any rogue to beg shall convey or cause him to be conveyed to the next Constable or Tithingman in pain of x. s. to be levied and imployed as the forfeitures of 39. El. 4. and in default thereof then by the Lord of the Leet or his officer in like manner as the persons authorized by the said Statute should have levied and imployed the same And here also if the Constable or Tithingman doe not punish him according to that Statute he shall forfeit xx s. to be also levied and imployed as by the same Statute is appointed XIX This act shall not prejudice the jurisdiction or inheritance of John Dutton of Dutton in the County of Chester Esquire XX. Stat. 7. Ja. 4. There shall be an house of Correction provided in every Shire to set rogues and other idle people to work XXI The Justices in Sess shall from time to time appoint a Governour for the said house who shall have power to set such rogues and idle people to work and to punish them by moderate whipping or putting fetters or gyves upon them which rogues and idle persons shall not be chargeable to the Country nor have other allowance then what they shall deserve by their owne labour XXII The said Justices shall at least twice every yeer within their severall divisions and oftner if need be assemble and meet together for the better execution of this Statute and some foure or five dayes before their meeting shall by warrant command the Constables and Tithingmen of every Hundred Town and Hamlet being assisted with other sufficient men to make a generall privie search in one night within their severall precincts for the finding and apprehending of rogues c. and such as shall be found to bring to the said meeting to be examined punished or sent to the house or houses of Correction there to be set to work XXIII The said Constables and Tithingmen shall appear at the said meeting and there give an account upon oath in writing under the Ministers hand testifying what rogues c. they have taken in the last search or since the last meeting and how many have been punished or otherwise sent to the house of Correction which if they neglect to do or safely to convey such to the house of Correction as by the said Justices warrant shall be committed thither they shall incurre what fine the said Justices shall please to set upon them so it exceed not xl s. XXIV The Governours of the houses of Correction shall have such a summe of money yearly as shall be thought fit by the more part of the Justices of P. in Sess the same to be paid quarterly before hand by the Treasurers of the County the Governours giving security for their continuance in the said service XXV If any lewd woman have a bastard which may be chargeable to the parish the Justices of P. shall commit her to the house of Correction there to be punished and set to work one whole yeer and if she offend again then is she to be committed again there to remain till she put in good sureties for the good behaviour and not to offend so again Persons running away and leaving their charge to the parish shall be deemed and punished as incorrigible rogues And those that threaten so to do it being proved by two witnesses upon oath before two Justices of P. of the same division shall be by the same Justices sent to the house of Correction there to be punished as sturdy rogues unlesse they will put in sufficient sureties to discharge the town and
not to be delivered but at such a meeting as aforesaid or in open Sess XXVII If the Governours shall not every quarter Sess yeeld to the said Justices a true account of all such persons as shall be committed to their custody if they suffer any within their charge to make escape or to be trouble some to the Country by going abroad or otherwise they shall incurre what fine the same Just in Sess shall think fit to impose upon them XXVIII All fines which shall accrue by this act other then those already limited shall be paid to the Treasurers of the County and by them be accounted for See Labourers 11. Sheriffes 4. Victuall and Victuallers I. Stat. 12. E. 2.6 No person in any City or Corporation which by reason of his Office ought to keep the Assise of Wine and Victuals as long as he shall be attendant upon his Office shall buy or sell Wines or Victuals in paine to forfeit the same to the King whereof the prosecuter shall have the third part by the Kings gift 8. II. Stat. 23. E. 3.6 All Butchers Fishmongers Regraters Hostlers Brewers Bakers Poulters and all other sellers of Victuals shall sell the same at reasonable prises and for moderate gaine in paine upon proofe of the contrary before the Sheriffe or the Kings Bailiffes or before the Constables of the place by the evidence of two true men to forfeit the double value thereof to the party damnified or in his default to him that will sue for the same And all Maiors and head Officers of Corporations have like power and upon neglect of their duty herein shall forfeit the treble value thereof to the party or prosecuter as aforesaid and besides shall incurre a fine to the King to be imposed by Justices to be assigned by the King III. Stat. 6. R. 2.10 Aliens being in amity with the King and Realme may bring in victuall and sell the same in grosse or by retaile without the impeachment of any See Stat. 11 R. 2.7 1. H. 4.17 and 14. H. 6.6 IV. Stat. 13. R. 2.8 Victuallers shall sell their victuals at such reasonable prises as shall be set down by the Just of P. in two of their Sess to be holden betwixt Easter and Mich. in paine to be punished at the discretion of the said Justices where no paine is already limited in certaine 9. V. And here Sheriffes Stewards Maiors Bailiffes and all other which have power to keep Assise of Bread and Ale shall take no fine or amercement for any default touching the Assise for which the offender ought by Law to have bodily punishment VI. Stat. 23. H. 6.13 Justices of Peace shall twice every yeare cause all Statutes concerning Victuallers before this time made to be openly proclaimed in Sess VII Stat. 12. E. 4.8 No person other then Maiors Bailiffes Lords of Leets or others in point of Charter shall execute any Office of searching or surveying of Wine Ale Beere or any other Victuall or of the correction for breaking the Assise thereof in paine to forfeit 40. l. to be divided betwixt the King and the prosecuter And all Letters Patents of the King granted for that purpose shall be void VIII Stat. 3. H. 8.8 When a Victualler in a City or Corporation is chosen to beare an Office by reason whereof he ought also to have the Assising of Victuall during that time two other being no Victuallers shall be joyned and sworne with him truly to Assesse and set prises and Assises of Victuall there IX Stat. 25. H. 8.2 The prises of Victuall in all places except Corporations shall be assessed by the Kings Councellours Justices of either Bench and some other great Officers X. Stat. 2 3. E. 6 15. Butchers Brewers Bakers Poulters Cooks Coster-mongers or Fruiterers which conspire or promise together that they will not sell their victuals but at certain prises shall forfeit for the first offence 10. l. to the King and if they pay it not within six dayes after conviction they shall suffer 20. dayes imprisonment and during that time shall have no sustenance but bread and water for the second offence they shall forfeit 20. l. and that not paid within six dayes as aforesaid shall suffer the Pillory And for the third offence shall forfeit 40. l. and that not paid within the time above limited shall againe suffer the Pillory lose one of their eares and be ever after taken as men infamous and not to be credited XI Just of P. Maiors Bailiffes and Stewards in Sess Leets and Courts have power to heare and determine these offences See Alehouses 5 15 26 28. Butter 1. Corne Forestallers 5. Purveyors 56. Vintners S. Wines Alehouses 29. Under-Sheriffe S. Sheriffes Usury 1. Stat. 37. H. 8.9 None shall sell his wares or merchandise to any and within three months after buy the same againe at a lesser prise knowing them to be the same wares or by any corrupt bargaine of wares money or other thing or by any mortgage of Land take in gaines for giving day of payment more then according to the rate of 10. per centum for one whole yeare in paine to forfeit the treble value of the wares or money so put forth or the treble value of the profits of such lands mortgaged to be divided betwixt the King and the prosecutor And besides shall suffer imprisonment and make fine at the Kings will II. Stat. 13. El. 8. All bonds contracts and assurances upon Usury in lending or doing any thing contrary to the Stat. of 37. H. 8.9 shall be void and all brokers and soliciters thereof shall be adjudged and used as Councellors Attornies or Advocates in any case of Praemunire III. He that taketh no more then after the rate of 10. l. per centum or lesse shall onely forfeit the interest to be recovered and imployed as the forfeitures of 37. H. 8.9 IV. Justices of Oyer and Terminer of Ass and of P. in their Circuits and Sess and Maiors Sheriffes and Bailiffes of Cities have power to heare and determine all offences committed against 37. H. 8.9 V. This Statute of 37. H. 8.9 shall be construed largely and strongly against the party offending by any way or devise directly or indirectly VI. This Act shall not extend unto any allowances or payments for the finding of Orphans according to the ancient rates of London or of any other City where order is taken for their custody and goods as in London VII The offender against the Stat. of 37. H. 8.9 may also be punished by the Ecclesiasticall Laws VIII Stat. 21. Jac. 17. None shall upon any contract directly or indirectly take for loane of any money or other commodities above the rate of 8. l. per centum for one whole yeare in paine to forfeit the treble value of the money or other things so lent IX No Scrivener Broker or Soliciter shall take or receive directly or indirectly for brokage above the rate of 5. s. for the loane of 100. l. for one whole
who shall have power to hear determine punish all those that shall be thereof found guilty and to command the Sheriffe to imprisō them till they shal make fine to the K. XXII The said Officers shall every yeer the next day after the feast of S. Michael deliver their estreats into the Exchequer and take for their expences a fourth part of that they can levie and shall answer the King the other three parts And the fourth part also of that they cannot levie shall be answered them in the Excheq and the other three parts shall be levied for the Kings use XXIII Stat. 25. E. 3.9 Auncell weight shall be quite put out and weighing shall be by equall balance Stat. 34. E. 3.5 XXIV Stat. 25. E. 3.10 Every measure shall be according to the Kings standard and shall be striked without heap saving the rents of Lords And the King will assigne certain Justices in every County to inquire hear and determine upon the points aforesaid and to inflict punishment according to the trespasse XXV Stat. 27. E. 3.10 There shall be one weight and one measure and none shall use any deceit in weighing commodities by an uneven tong of the balance or by putting hand foor or other touch in pain to forfeit the value of the commodities so weighed to suffer one yeers imprisonment and to be ransomed at the Kings will and the party grieved shall recover quadruple damages XXVI There shall be Justices assigned to inquire of such trespasses to do right as well at the K. suit as at the suit of the party XXVII Stat. 13. R. 2.9 There shall be one weight and measure throughout England and he that shall be convicted to have used any other shall suffer six moneths imprisonment and yeeld double damages to the party grieved XXVIII Stat. 15. R. 2.4 Eight bushels of corn striked shall be accounted a quarter as well by water as by land and none shall buy otherwise in pain to forfeit the corn or malt so bought XXIX Stat. 9. H. 5. Parl. 2.8 The Justices of P. Sheriffes Escheators and other persons to be assigned by the King shall have power by Commission to inquire of the counterfeiters of false weights and to commit them to prison and there to hold them till they shall be acquit or attainted and being anainted they shall still remain in prison till they have made fine and ransome at the discretion of the said Just who shall have power ther of to inquire hear and determine as often as to them shall seem necessary XXX Stat. 2. H. 6.11 The tun of wine shall contain 252. gallons English measure the pipe 126. gallons the barrell of Herrings or Eccles shall contain 30. gallons the butt of Salmon 84. gallons and so of other lesser vessell after the same rate XXXI None shall import or make any vessell contrary to this act in pain to forfeit the commodities therein contained to the lord of the town where they are found wherof the prosecutor shall have the fourth part XXXII Justices of P. and Maiors and Bailiffes having power to inquire of the peace have power to hear and determine these offences XXXIII Stat. 8. H. 6.5 Every Citie Borough and Town within England shall have a common balance with common weights sealed and according to the standard of the Exchequer upon the common costs of the said Citie Borough or Town in the keeping of the head Officer or Constable there in pain that the Citie for such default shall forfeit x. l. to the King the Borough v. l. every other Town xl s. 39 48. XXXIV At this balance all the inhabitants may weigh gratis but a forreiner shall for every draught under xl l. pay a farthing for a draught betwixt xl li. and an hundred an halfpenny and for a draught betwixt an hundred and a thousand a penny whereof the weights shall be maintained and the officers which attend that service rewarded at the discretion of the said inhabitants XXXV None shall buy woollen yarn unlesse he will make cloth thereof nor use weight or measure or any other thing in place thereof which is not sealed according to the standard nor set any thing to the same by way of tacking or hiding or in any other manner that may increase the measure or weight or let the balance to have his natural course upon the pain mentioned in the Statutes of 27. E. 3.10 and 13. R. 2.9 XXXVI Justices of P. Maiors Bailiffes and Stewards of Franchises have power to hear and determine these offences XXXVII Stat. 9. H. 6.8 A weigh of Cheese shall contain 32. cloves and every clove seven pound XXXVIII Stat. 11. H. 6.8 The Stat. of 1. H. 5.10 which see in Purveyors 44. and 8. H. 6.5 shall be duly put in execution XXXIX In every Citie Borough and Town there shall be a common bushell sealed and according to the standard in like manner and pain as in the said Stat. of 8. H. 6.5 is specified for a common balance 48. XL. All Ju. of P. Maiors head Officers shall have power to hear and determine the offences committed against the said Statutes by examination or inquisition and as well at the suit of the King as of the party grieved XLI The Maior of London and all other Maiors and Bailiffes in their oaths shall be charged to keep and execute all the said Statutes and shall be accountable in the Exchequer for all profits and forfeitures which shall grow due thereupon to the King XLII Stat. 1. R. 3.13 The contents of every vessel of wine and oyl And they shall not be sold untill they be gaged by an officer to be appointed by the King for that purpose XLIII Stat. 7. H. 7.4 or according to Rastal cap. 3. Measures and weights of brass shall be fent to every City and Borough there to be kept as their treasure according to which all measures and weights in every County shall be reformed XLIV The Maior or chiefe Officer of every such place shall have a speciall mark wherewith he shall seal the said measures and weights and shall take for sealing of a bushell a penny and of every other measure an halfpenny for an hundred weight a penny for half an hundred an halfpenny and for every lesser weight a farthing XLV If he refuseth or delayeth to seal them or doth any thing contrary to this act he shall forfeit xl s. to be divided betwixt the King and the party grieved and to be recovered by action of debt wherein no wager of law shall be admitted XLVI Justices of P. have power to hear and determine the said defaults XLVII Stat. 11. H. 7.4 Measures and weights of brasse shall be sent to Cities and Boroughs there especially named XLVIII Onely Cities Boroughs and Market Towns shall be enjoyned to have common balances weights and measures and all other towns shall be excused notwithstanding the Statutes of 8. H. 6.5 and 11. H. 6.8 above mentioned XLIX The Maiors and
chief Officers of the said Cities Boroughs and Market Towns which shall have delivered unto them such weights and measures sealed with the letter H. crowned or with the first letter of the name of the present King of England for the time being shall have authority and power to signe like weights and measures unto any of the Kings subjects duely requiring the same taking for the marking of every bushell only one penny L. None shall use any other weights or measures but such as are so marked LI. Maiors and chiefe Officers shall at least twice every yeer view all measures and weights within their jurisdictions and break or burn them which they finde defective and also inflict punishment upon the offenders viz. for the first offence vi s. viii d. for the second xiii s. iiii d. and for the third xx s. and besides adjudge them to the pillory LII Two Justices of Peace one Quorum have authority as well by examination as inquiry to hear and determine the defaults of Maiors and other head Officers and also of buyers and sellers contrary to this act and to set fines and amerciaments upon the offenders at their discretions and the defective weights or measures are to be forfeited and burnt LIII Eight bushels of corn raised and stricken shall be accounted a Quarter 14. l. a stone of Wooll and 26. stone a sack Howbeit this Act shall not extend to any person selling or buying by water measure within ship-board whereof every bushell shall containe five pecks raised and stricken LIV. Within the Cinque Ports the Lord Warden or his Lieutenant shall order the weights and measures LV. Stat. 12. H. 7.5 A Bushell shall containe 8. gallons of Wheat and every gallon 8. pounds of Wheat Troy weight and every pound 12. ounces and every ounce 20. sterlings or penny weights and every sterling shall weigh 32. graines of Wheat that grew in the midst of the eare of Wheat And a standard for the Kings treasury is to be made according to this Assise LVI Whereas the weights and measures sent downe to Cities and Boroughs last yeare by the Stat. of 11. H. 7.4 were found defective others more perfect shall be sent thither at the charge of the said Cities and Townes according to which all other weights and measures shall be regulated upon the paines in the said Statute contained LVII Stat. 16. Car. 19. There shall be one weight and one measure according to the standard of the Exchequer throughout the Realme and every measure of Corne shall be striked without heape LVIII Whosoever shall sell by or keep any other weight or measure whereby any thing is bought or sold after six months after this Sess of Parliament shall forfeit for every such offence 5. s. being thereof lawfully convicted by the oath of one witnesse before a Justice of P. Maior or other head Officer in their severall precincts respectively who shall have power to administer an Oath in that behalfe which said forfeiture shall be levied by the Church-wardens and Overseers of the poore or one of them where the offence shall be committed to the use of the poore there by distresse and sale of goods rendring the overplus to the party offending And in default of distresse it shall be lawfull for any Justices of P. Maior or other head Officer in their severall precincts respectively to commit such offender to prison untill he shall pay the summe so forfeited LVIX The Clerk of the Market of the King or Princes houshold and his deputies shall only execute their office within the verge and not elsewhere And head Officers of Corporations and Lords of Liberties and their deputies may execute theirs in their severall precincts as they might have done before this Act was made LX. If any of the Officers aforesaid shall seale any weight or measure which is not agreeable to the said standard or shall refuse to seale such as are agreeable thereunto the party paying only such fees for the allowance thereof as are warranted by Statute or some ancient custome they and their deputies respectively shall for every such offence forfeit 5. l. to be levied as aforesaid to the use of the poore where the offence was committed LXI If they shall take any other fine fee reward or summe of money then what are allowed by Statute or some such ancient custome for the signing or examination of any weights or measures which have beene formerly marked or sealed or shall impose any fine or amerciament without a legall triall of the offence or shall otherwise misdemean themselves in the execution of their office and shall be thereof lawfully convict they shall forfeit for the first offence 5. l. for the second 10. l. and for every other offence 20. l. to be levied as aforesaid to the use of the poore where the offence was committed LXII He that is fined or amerced by this Act shall not be again punished for the same offence by force of any former Law or Statute LXIII This Act shall not extend to the measure of Rent-corn nor to Water-measure LXIV If any Officer authorised for the execution of this Statute shall be impleaded for any act he shall do therein he shall plead the generall Issue not guilty and yet give this Statute or any other speciall matter in evidence And if he be found not guilty or the Plaintiffe be non-suited he shall recover treble costs Wild Fowle Stat. 25. H. 8.11 None shall destroy or take away the eggs of any wild Fowle in paine to forfeit for every egge of a Crane or Bustard so taken or destroyed 20. d. of a Bitter Herne or Shovelard 8. d. of a Mallard Tele or other wild Fowle 1. d. to be divided betwixt the King and the prosecutor And here Justices of P. shall have power to inquire heare and determine offences of this kind as they use to do in cases of Trespasse S. Hawks 19 20. Hunters 7. Wines I. Stat. 7. E. 6.5 None shall utter Wine by retaile in any other place then in Cities Boroughs Port Townes or Market Towns or in Gravesend Sittingborne Tuxford or Bagshot in paine to forfeit 10. l. for every day that they sell Wine otherwise II. None shall utter Wine by retaile in any City Borough or Corporation but by license of the most part of the Common-Councell Aldermen Burgesses or Communalty there under their common Seale nor in any City Borough Port towne or Market town not Corporate or in Gravesend Sitting-borne or Bagshot without licence of the Justices of P. of the County in Sess under their Seales in paine to forfeit 5. l. for every day that they sell Wine otherwise which said Officers Communalty and Justices have power to continue or change such licences at their discretions but shall not licence above two in one place in paine to forfeit 5. l. a piece except in these hereafter following in which it shall be lawfull to licence more then two viz. in London 40 York 8 Norwich 4 Westminster 3 Bristoll 6 Lincolne 3 Hull 4 Shrewsbury 3 Exeter 4 Salisbury 3 Glocester 4 Westchester 4 Hereford east 3 Worcester 3 South-hampton 3 Canterbury 4 Ipswich 3 Winchester 3 Oxford 3 Cambridge 4 Colchester 3 Newcastle 4 III. None shall sell or utter Wine by retaile to be spent in his or their mansion house or in any other place in their tenure by any colour craft or engine in paine of 10. l. IV. The abovesaid forfeitures shall be divided betwixt the King and the prosecutor V. Justices of P. within every County and Corporation in Sessions Stewards in Leets and Sheriffes in their Turnes have power to enquire by the oaths of twelve men of all offences committed against this Act in which case the forfeitures which shall thereupon grow due shall be divided betwixt the King and the poore of the Towne or place where the presentment shall be found VI. This Act shall not prejudice the liberties of either of the Universities nor charge any person offending unlesse the suit be prosecuted within a yeare S. Weights 6. Witchcraft I. Stat. 1. Jac. 12. If any shall be lawfully convicted to have used or practised the invocation or conjuration of any evill spirit or to have taken up any dead person out of their grave or any part of such person to be used in witchcraft or inchantment or to have used witchcraft wherby any person hath been killed pined or made lame they together with their accessaries shall be adjudged felons without benefit of Clergy II. If any shall be lawfully convicted to have taken upon them by witchcraft inchantment charme or sorcery to discover any place of hidden treasure or where lost or stollen goods are become or to provoke any person to unlawfull love or to destroy or impaire any cattell or goods or to hurt or destroy any person in their body although the same be not effected they shall for the first offence suffer one whole years imprisonment without bail and once in every quarter of that yeer at a Market or Fair stand upon the pillory six hours and there openly confesse the offence committed and for the second offence shall suffer as a felon without benefit of Clergy But here shall be no losse of dower or disherison of heire and in these cases a Peer being an offender shall be tryed by his Peers Witnesse S. Perjury 8. Wood. Stat. 35. H. 8.17 Two Justices of Peace appointed by the more part of the other Justices have power in a form there set down to set out between the lord of a wood and his commoners when they cannot agree the lords part which being as neer a fourth part as can be laid out the said lord or owner shall inclose or sell at his pleasure See Corns Wooll Stat. 2 3. P. M. 13. Justices of P. about Hallifax in Yorkshire have power to punish such of the inhabitants there as having bought wooll doe sell the same again in any other place and not in Hallifax or to the richer sort there or to such as sell it again and not to the poor to be wrought into yarn See Actions popular 18. Writs S. Processe Supersedeas FINIS