Customers 54 Cutpurse 54 Cutting out of tongues c. 54 Cutting of a pond head 54 D Deeds 55 Deer 55 Divine Service 55 Dying Dyers 55 Drapery 55 Drover 59 Drunkennesse 59 E Ecclesiasticall Court 60 Egyptians 61 Embracery 62 Endictments 62 Enquests 62 Escapes 62 Escheators 62 Estreats 63 Excommunicate persons 64 Extortion 64 F Faires 64 Fasting-dayes 64 Feasants 64 Felonie 65 Felons goods 67 Fighting and quarrelling 67 Fish fishers fishing 68 Fish dayes 73 Fishmongers 75 Force forcible entry 75 Forrests 77 Forestallers 77 Franchises 80 Fruiterers 80 Fuell 80 G Games 81 Gaole Gaolers 81 Gold Gold-smiths 81 Grain 82 Green wax 82 Guns 82 Gunners 85 H Habeas corpus 85 Hares 85 Hats 85 Hawkes 85 Herring 92 High-wayes 92 Holidayes 97 Horse bread 98 Horses 98 Hospitals 103 Hostlers 102 Houses of Correction 103 Huy and Crie 103 Hunters Hunting 105 I Jesuits 108 Images 108 Imbezelling of a Record 108 Imbracery 108 Indictments 108 Informations 109 Ingrossers 110 Inholders 110 Inmates 111 Inquests 111 Inrolements 111 Inventories 111 Jurors 112 Justices of Peace 113 K Kidder 119 Kings Bench 119 L Labourers 119 Lader 132 Larcenie 132 Latten 132 Leather 133 Letters of Administration 144 Liberties 144 M Mainprise 145 Maintenance 145 Malt 150 Marches 148 Mariners 149 Markets 149 Marshals of the Kings Bench 149 Marshalsie 149 Marshes 149 Masons 149 Matrimony 149 Measures 152 Millers 152 Money 152 Mortuaries 153 Murder 154 N Newes 156 O Oatmeale 156 Oathes 156 Old field dike in the Isle of Ely 156 Ordinary 156 Outlawed persons 157 Outlawries 157 P Pannell 157 Pardon 157 Parks 158 Parliament 159 Partridges 160 Paving 160 Penall Statutes 160 Perjurie 160 Petty Treason 162 Pewter 162 Physicians 162 Pillory 163 Plague 163 Playes 165 Ponds 167 Poor people 167 Poulters 172 Powdike in Norfolke 172 Poysoning 172 Presentments 172 Priests 172 Prisons Prisoners 173 Probat of Wils 175 Processe 175 Prophecies 175 Purveyors 176 Putting out of eies 188 Q Quarrelling 188 Quarter Sessions 188 R Rape Ravishment 188 Record 190 Recusants 190 Regrators 224 Riots 224 Robbery 229 Rogues 229 Rome 230 S Sacraments 230 Sacriledge 237 School-masters 237 Scotland 237 Seminary Priests 237 Servants 237 Service divine 237 Sewer 237 Sheep 238 Sheriffes 238 Shipwrights 243 Shoomaker 243 Silver 243 Skinners 243 Souldiers 243 Stabbing 244 Stewards of Lects 244 Strangers 244 Supersedeas 244 Sundayes 245 Swans 245 Swearing 245 T Tanner 246 Testimoniall 246 Tiles 246 Tinne 247 Tithes 248 Toll 248 Transportation 248 Treason 249 Trespasse 249 V Vagabonds 250 Victuall Victuallers 259 Vintners 261 Under-Sheriffe 262 Usury 262 W Wages 264 Wagoner 264 Wainman 264 Wales 264 Warrens 265 Watches 265 Watermen 266 Wax 266 Weares 266 Weights 266 Wild fowle 283 Wines 283 Witchcraft 285 Witnesse 286 Wood 286 Wooll 286 Writs 286 FINIS ERRATA Page 40. line 7. read 33. and l. 33. r. 39. p. 52. l. 5 6. r. land being free-hold and inheritance p. 56. l. 4. r. 39. El. p. 69. l. 10. r. conservators of the Statutes p. 70. l. 32. r. former pag. 88. l. 26. r. Stewards in Leets p. 103. l. 6. r. felons p. 105. l. ult r. before himselfe p. 116. l. 12. r. Banneret p. 120. l. 5. r. within like time shall p. 150. l. 11. r. of this Statute l. 12. r. after it p. 152. l. 22. r. from the King p. 163. l. 19. r. of them p. 167. l. 21. r. by two p. 225. l. 33. r. 13. H. 4. p. 236. l. 32. r. 26. p. 238. l. 20. r. by the. p. 252. l. 28. r. as shall be assigned by six or more of the privie Councell whereof the Lord Keeper c. STATUTA PACIS Or A perfect Table of all the Statutes now in force which any way concern the Office of a Justice of Peace Abjuration see Title Bailment 1. Hunters 1. Recusants 51 52 58 61 62 69. and Weights 18. Actions popular and Informations I. STat 4. H. 7. cap. 20. Recovery in an action popular by Covin shall be no bar of an action sued for the same thing bona fide II. Here the defendant attainted of collusion shall suffer two yeers imprisonment to be prosecuted within one yeer III. No release of a common person shall in this case discharge an action popular IV. Yet no collusion is in this case averrable where the point of the same action or the collusion it self hath been tried by verdict V. Stat. 18. El. 5. An Informer shall exhibite his suit in proper person and pursue it by himself or by his Atturney in Court and that by way of information or originall action and shall have no deputie and all this in pain of 10. l. and the pillory VI. A note of the time of exhibiting the Information shall be truly taken and from thenceforth it shall be accounted to be of record before which time no processe shall issue out upon it VII The Clerk that makes out the processe shall endorse the Informers name and also the statute upon which the information is grounded in pain of xl s. VIII No Jury shall appear at Westminster for a tryall upon any penall law when the offence was committed above 30. miles from Westminster except the Atturney generall for some reasonable cause require the same Clause 17 18. IX No Informer shall compound with any defendant before answer nor then but by consent of Court in pain of 10. l. and the pillory X. Where the Informer delaies or discontinues his suit or otherwise is non-suit or overthrown the Court shall assigne costs to the defendant to be immediatly levied by execution issuing out of the same Court XI Justices of Oyer and Terminer Just of Ass and Just of Peace in their Sessions have power to hear and determine these offences XII This Act shall not restraine Actions brought for maintenance Champerty buying of Titles or Imbracerie nor any certaine person or body politique to whom any forfeiture or penaltie is especially limited nor certaine officers which have lawfully used to exhibite Informations 15. and 18. XIII Stat. 31. El. 5. Informers heretofore restrained by order of any Court shall not pursue Actions popular XIV In popular Actions the offence shall be layed to be done in the Countie where indeed it was done or otherwise if the defendant traverse and disprove that point the plaintiffe shall be barred 18. XV. This Act doth not restraine officers which have lawfully used to exhibite informations nor Actions brought for Champertie buying of Titles extortion offences against the stat of 1. El. 11. concerning the light landing of Marchandize and custome of sweet wines concealing of Customes c. corrupt Usury Forestalling Regrating or Ingrossing when the penaltie shall amount to 20. l. or above For in all these cases the offence may be laid in any County 18. XVI Popular Actions where the King only hath the forfeiture shall bee commenced within two yeares where he hath onely a part and the Informer the rest within one yeare and in this last case upon
Tithingmen Ale-cunners and Sidemen shall be charged in their oathes to present the offences committed against 1. Jac. 9. and 4. Jac. 5. according to the alterations of this Act. XXVIII Stat. 1. Car. 4. The Inne-keeper Alehouse-keeper or Victualler which suffers any person whatsoever to sit tippling in his house shall incurre the penaltie of 1. Jac. 9. to be proved levied and imployed as in that statute is appointed XXIX Vintners which doe also keepe Innes or Victualling houses shall bee taken to be within this Act as also within the stat of 1. Jac. 9. and 4. Jac. 5. XXX Stat. 3. Car. 3. None shall keepe Alehouse without licence in paine to forfeit 20. s. to the poore which the Const and Churchw upon warrant from the Justice before whom the offence is proved shall levie by distresse which within three daies may be sold to satisfie the penaltie And in case the delinquent hath not wherewithall the said Justice shall commit him to the Const to be openly whipped And here the view of one Just the confession of the partie or proofe by two witnesses is sufficient Conviction XXXI Here the officer that neglects to execute the warrant or to punish the offender shall suffer imprisonment without baile or pay 40. s. to be imployed as aforesaid XXXII In this case if the Alehouse-keeper offend the second time he shall be committed to the house of correction for one Month and for the third offence shall not be thence enlarged but by order of Sessions XXXIII The Offender once punished by this Act shall not bee againe punished by 5. 6. E. 6.25 contrà XXXIV This Act shall not restraine the selling of Ale and Beere in Faires Aliens S. Archerie 9. Brasse 9. Victuall 3. Almes-houses S. Poor people 15. Archerie I. Stat. 33. H. 8.9 Parents and Masters shall provide for each of their sons and male-servants betwixt the ages of 7. and 17. a Bow and two shafts and cause them to exercise shooting in paine of 6. s. 8. d. II. Sonnes and maleservants betwixt the ages of 17. and 60. shall be furnished with a Bow and two Arrowes and practise shooting therewith in paine of 6. s. 8. d. III. None under the age of 24. yeares shall shoot at any standing marke except at Rovers changing his marke every shoot in paine of 4. d. a shoot and none above that age shall shoot at any marke of 11. score distance or under in paine of 6. s. 8. d. a shoot IV. None under the age of 17 yeares shall shoot with a Bow of Ewe except his parents be worth 10. l. per Annum in lands or 40. markes in goods in paine of 6. s. 8. d. V. The Inhabitants of every towne shall continue their Buts in good repaire in paine of 20. s. for every three months default VI. For every Bow made of Ewe the Bowyer not inhabiting in London or the Suburbs thereof shall make foure and the Inhabitant there two Bowes of other wood in paine to forfeit for every such Bow unmade 3. s. 4. d. 12. VII Fletchers of London may sell seasonable timber to forraigne Fletchers without prejudice VIII Artificers of Archerie not Freemen nor paying scot and lot shall remove their abode from London and the Suburbs thereof to what other place they shall be assigned by his Majesties Councell the Lord Chancelor Treasurer Privy Seale or one of them in paine of xl s. for every day they make their abode contrarie to this Act. IX Aliens shall not convey Bowes and Arrowes out of the Realme without his Majesties Licence in paine of Imprisonment without baile untill they shall make fine to the King to be set by at least two Justices in Sessions or give security for the same neither shall they use shooting in paine to forfeit their Bowes and Arrowes to bee taken from them by any of the Kings Subjects X. Justices of Ass G.D. and of P. in Sess and Stewards in Leets shall heare and determine the Breach of this Act. XI The one Moity of all these forfeitures is given to the prosecutor and the other where there is no Leet is given to the King and where there is a Leet to the Lord of that Leet XII Stat. 8. El. 10. The clause of 33. H. 8.9 which enjoynes to make Bowes of other wood then Ewe shall not binde any Bowyer dwelling in London West minster or Southwarke S. Arrowheads 1. Actions popular 17. Apprentices S. Labourers Armour Armed men I. Stat. 2. E. 3.3 None shall come with force and Armes before the Kings Justices or other his Ministers nor goe or ride armed in affraie of peace in paine to forfeit their Armour and to suffer imprisonment at the Kings pleasure II. Justices of P. and other officers have power to put this Act in execution and the Justices of Ass shall inquire of their default in that behalfe III. Stat. 7. R. 2.13 None shall ride in Harnesse contrary to 2. E. 3.3 in paine to forfeit the same IV. Stat. 20. R. 2.1 The statutes of 2. E. 3.3 and the 7. R. 2.13 shall be duly observed upon the paines contained in the said Stat. of 2. E. 3.3 and besides to make fine to the King S. Recusants 125. Arrests S. Sheriffes Arrow-heads I. Stat. 7. H. 4.7 Justices of Peace have power to punish such as make defective Arrow-heads Artificers S. Labourers 20. Assise of Ale and Beere S. Victuall 5.7 Weights Attainders S. Certificate 1. Badger Lader Kidder Carrier Drover Transporter of Graine c. I. STat. 5. El. 12. None but a married man and housholder of the age of xxx yeares at least shall take upon him to bee a Badger c. neither hee without Licence in open Sess of the Countie where hee hath dwelt by the space of three yeares before under the hands and seales of at least three Justices 1. Qu. in paine of 5. l. which Licence shall remaine in force for one yeare only from the date thereof And all Licences otherwise granted shall be void II. The Justices of Peace in Sess shall at their discretions take Recognisances of Badgers c. that they shall not forestall or ingrosse or put in practice any Act contrary to 5. 6. E. 6.14 III. The Clerke of the Peace shall write and enter the Licence and Recognisance and his Fees shall be viz. for writing the Licence 12. d. for writing the Recognisance 8. d. and for entring them both into a Register Booke 4. d. which Booke hee shall bring to every Sessions IV. This shall not give liberty to any Badger c. to buy graine out of the Market to sell againe unlesse there be speciall words in his licence to warrant the same in paine to forfeit for every time so offending 5. l. V. The one Moity of these forfeitures is given to the Queene and the other to the Informer VI. The Queenes Moity shall be estreated according to the usuall manner and the Informers levied by fieri facias or Capias But
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
mute or make no direct answer thereunto see 2.3 E. 6.33 XII A Pecre of the Realme for his first offence of Felonie though he cannot read shall be admitted to his purgation as a Clerk convict XIII Stat. 4.5 P. M. 4. Accessaries before the face which are found guilty of Petty Treason Murder Burglary Robbery or house-burning or which upon their Arraignement for these offences stand mute challenge above xx or answer not directly shall not enjoy the benefit of Clergie XIV Stat. 8. El. 4. He that is delivered to the Ordinarie and admitted to his Clergie shall notwithstanding his Purgation answer for offences formerly committed XV. Stat. 18. El. 7. An offender admitted to his Clergie after burning in the hand shall not be delivered to the Ordinary as hath beene used but shall thereupon be enlarged by the Justices before whom such Clergie shall be granted or by them deteyned longer in Prison at their discretion so it be not for longer time then one whole year XVI He that shall be admitted to his Clergie shall notwithstanding that answer for other felonies XVII Stat. 1. Ia. 8. He that stabs or thrusts any person not having a weapon drawne or not striking first so that he dies thereof within six moneths after although it be not of malice forethought shall not enjoy the benefit of Clergie XVIII This Act shall not extend to charge any with stabbing or thrusting when it is done only Se defendendo by misfortune or in chastising his Childe or servant with no purpose to commit Manslaughter S. Burglary Clerk of the Peace I. Stat. 37. H. 8.1 The Custos Rotulorum shall appoint the Clerke of the Peace who may execute the same Office by a deputy if he please II. This Act shall not restraine the Arch-Bishop of York the Bishops of Duresme or Ely nor any other who by the Kings Letters Patents or otherwise have before the making of this Act power to choose a Clerk of the Peace within any precinct or liberty S. Badger 3. Certificate 1. Clerk of the Crown S. Certificate Clerk of Assise S. Certificate Clerk of the Market S. Weights Cloth S. Drapery Coine S. Money Commons S. Horses Commissions S. Just of P. Conies S. Hunting Conjuration S. Witchcraft Conspiracy S. Labourers 3. Masons Conspirators I. Who be Conspirators See Stat. 33. E. 1. II. Their punishment and what Justices shall inquire of them viz. Just of both the Benches of Assise See Stat. 28. E. 1.10 Mainteynance 8. S. Felony Convictions S. Certificate 1. Cookes S. Victuall Copper S. Brasse Corne. I. Stat. 2. P. M. 5. None shall transport any Corne Bcere Butter Cheese Hering or wood beyond the Seas or into Scotland in paine that the owner shall forfeit the Vessell wherein it shall be carried the owner of the goods double that value and the Master of the ship all his goods and suffer one yeares imprisonment without Bayle The one Moyty of these forfeitures to be to the K. and Q. and the other to the prosecutor II. If one licenced to transport Corne victuall or wood transport more then his licence will warrant he shall forfeit the treble value and suffer one years imprisonment without Baile III. Hee that hath licence to transport Corn victuall or wood shall imbark all at one place in paine to forfeit the same and besides all his goods The one Moity to the King and Queen and the other to the prosecutor IV. Justices of Peace within three years after the abovesaid offences shall be committed have power to hear and determine the same and also to examine the Masters and Marriners of ships concerning the premisses V. This Act shall not restraine lthe transportation of Graine when Wheat is sold for 6. s. 8. d. Rye for 4. s. Barly for 3 s. the quarter save only to the K. and Q. enemies nor the victualling of ships nor be prejudiciall to the Admiralls jurisdiction VI. Stat. 13. El. 13. The Lord presidents and the Councells in the North and Wales the Justices of Assise in their Circuits and the Justices of Peace in their Sessions have power to licence or prohibite the transportation of Corne at their discretions Provided their order be first approved by the Queene or her Councell which also may be countermanded by the Q. proclamation if there be cause for it VII Stat. 3. Car. 4. Corne may be transported to the Kings Allies when wheate is sold for 32. s. Ry for xx s. Pease and Beans for 16. s. and Barly or Mault for 16. s. the quarter or under S. Badger Forestallers 6.10 Corners I. Stat. 3. E. 1. Officium Coronatoris See the Statute at large II. Stat. 3. H. 7.1 A Coroner shall execute his office according to law in paine of 5. l. and shall have for his Fee 13. s. 4. d. of the goods of the Murtherer if he have any if not then out of such Amerciaments as shal be set upon the Towneship that suffered the Murtherer to escape III. Stat. 1. H. 8.7 Where one is slaine by misadventure the Coroner shall then also execute his office without Fee in paine of 40. s. IV. Justices of Peace have power to enquire of and punish the defaults and extortions of Coroners V. Stat. 1.2 P. M. 13. The Coroner shall bind by Recognisance all such as can declare any thing materiall against the Murtherer to appeare at the next G. D. and shall there make Certificate of the said Recognisance as also of the Evidence and inquisition taken before him and all this in paine to be fined by the Just of the said G. D. Costermongers S. Victuall 10. Cottages I. Stat. 31. El. 7. None shall erect or convert a Building to be a Cottage for habitation unlesse he lay foure acres of land of an Inheritance so neere unto it that they may be conveniently occupied with it in paine to forfeit to the Q. Majesty x. l. for every such erection or Conversion and 40. s. a moneth for the Continuance II. No owner or occuptier of any Cottage shall place or willingly suffer any more families then one to co-habite therein in pain to forfeit to the Lord of the Leet x. s. for every moneth he so continues them together III. Justices of Assise Justices of Peace in their Sessions and Lords of Leets have power to hear and determine these offences IV. This Statute shall not restraine the erecting making or continuing of Cottages in Market townes or for Labourers in mynes or quarries within one Miles distance from the said Mynes or Quarries or Sea-faring men within one Miles distance from the Sea or a Navigable River or for a Keeper Warrener shepherd Heards man or impotent person Covin Collusion S. Actions popular 1 2 3 4. Counterfeit Letters or tokens I. Stat. 33. H. 8.1 A person convict of getting into his hand money or goods by a false token or Counterfeit letter shall suffer such corporall punishment as shal be prescribed by them before whom hee shall be so convicted death
shall be assigned keepers of the Peace by the Kings Commission who together with other wise and learned in the Law shall have power to heare and determine Felonies and Trespasses done in the same Counties and to inflict punishment according to Law and reason VIII Stat. 34. E. 3.1 There shall be assigned in every County for the keeping of the Peace one Lord and three or four of the most worthy of the County with some learned in the Law who shall have power to arrest and Chastise rioters Barretors and other offenders according to the law and their owne discretions to bind people of evill fame to the good behaviour and to heare and determine felonies and trespasses done in the same County IX All generall inquiries heretofore granted within any seigniories for the mischiefes done there shall from henceforth cease and be repealed X. The fines imposed by I. of P. for trespasses shall be reasonable and just XI Stat. 42. E. 3.4 All commissions of inquirie except of Escheatorship shall be directed to the Justices of the one Bench or other to the Just of Ass or to the most worthy in the Country and to none other XII Stat. 12. R. 2.10 In every Commission there shall be but six Justices assigned who shall keep their Sess every quarter at least in pain to be punished at the discretion of the Kings Councell XIII Every Justice of P. shall have for his wages 4. s. a day and the Clerke of the P. 2. s. for so longtime as the Sessions shall last to be paid by the Sheriffe out of the Amerciaments arising at the same Sessions XIV No steward of any Lord shall be assigned in any Commission neither shall any association be made to the Justices of Peace after the first Commission XV. Judges and Serjeants at Law shall not be bound to attend the Sessions but when they may conveniently intend it XVI Stat. 13. R. 2.7 Notwithstanding the Stat. of 12. R. 2.10 which prohibits the stewards of Lords to be Justices the most sufficient Knights Esquires and Gentlemen of the Law shall be put in Commission and sworne to put in execution without favour all statutes which concern their office XVII Stat. 14. R. 2.11 There shall be 8. Justices of Peace assigned in every County XVIII Double estreats of Amerciaments at the Sessions shall be made containing the names of all the Justices there present and the number of dayes they sit and one of them delivered to the Sheriffe out of which he is to answer the Justices their wages by indenture according to which the Sheriffe shall be again allowed the wages in the Exchequer upon his accompt But no Duke Earle Baron or Baronet although he be Justice of Peace and hold Sess with the other eight shall have any wages allowed him XIX Stat. 17. R. 2.10 In every Commission of Peace two men of Law of the same County shall be assigned to goe and proceed to the deliverance of Theeves and Felons XX. Stat. 2. H. 5.4 Justices of the Peace in every Shire named of the Quorum shall be resiant within the same Shire except Lords Judges Serjeants at law the Kings Atturney and shall keep their Sessions sour times in the year viz. in the first week after Michaelmas Epiphany Easter and the translation of Saint Thomas being the third of July and more often if need require XXI Stat. 11 H. 6.6 No suit before Justices of P. shall be discontinued by a new Commission of Peace XXII Stat. 14. H. 6.4 Just of Peace in Middlesex are not compellable to keep their Sess above twice in the yeare notwithstanding the stat of 12. R. 2.10 Yet may they keep them oftner if need be at their discretions XXIII Stat. 18. H. 6.11 None except men learned in the Law or inhabiting Corporations shall be Justices of Peace unlesse their lands be worth xx l. per Annum XXIV If any be put into the Commission not having lands of that value and doe not within one moneth after his notice thereof acquaint the Lord Chancellor therewith or doe make warrant by force of such Commission he shall forfeit to the King xx l. to be divided betwixt the King and the prosecutor XXV Stat. 3. H. 7.1 Justices of P. have power to impannell an Enquest to inquire of the concealements of a former Enquest and to Assesse in open Sessions the Amerciaments of the first Enquest at their discretions XXVI Just of P. shall at the next generall Sess certifie recognisances taken for keeping of the Peace where if the party being called do not appear those Recognisances shall be certified into the Chancery Kings Bench or Exchequer XXVII Stat. 33. H. 8.10 37. H. 7. All Just of P. shall at their generall Sess endeavour amongst themselves to understand the meaning and intents of all statutes which concern vagabonds Retayners giving Liveries Signes Tokens or Badges maintenance embracery Bowstaves and Archery unlawfull games Forestallers and Regrators victuall victuallers and inholders and of all other statutes made in this present Parliament and shall then also advise amongst themselves how the same may be best put in due Execution XXVIII All processe and proceedings shall be continued from Sess to Sess And the said Justices shall in Sess have power to enquire hear and determine the breach of the said statutes as well by verdict as by any other information or Confession of the party and to make processe by Venire facias Capias Exigent under the Seal of the same Justices or two of them and also to reform panels of Jurous according to which the Sheriffe shall make his Return upon the paine limited by the Stat. of 3. H. 8.12 XXIX Stat. 1. E. 6.7 Preferment of a Justice or Commissioner to a higher dignity as to be a Duke Archbishop Marques Earle Vicount Baron Bishop Knight Judge Serjeat at Law or Sheriff shall not diminish his power 31. XXX No Suit before any Justices or Commissioners shall be discontinued by a new Commission or by the alteration of any of their names XXXI Stat. 1. M. 8. None shall be Justice of Peace during his Shrevalty notwithstanding the statute of 1. E. 6.7 XXXII Stat. 2.3 P. M. 18. A new Commission of the Peace or G. D. for the whole County shall not be a Supersedeas to a former like Commission granted to a City or towne Corporate there being no Countie XXXIII Stat. 1. E. 1. 7. Jac. 6. Every Justice of Peace ought to take the oaths of Supremacy and obedience which see in Recusants 8.88 Kidder S. Badger Kings Bench S. Poore People 15. Labourers Artificers Servants Apprentices I. STat. 21. H. 8.7 Servants that go away with or otherwise imbezill their Masters or Mistresses goods to the value of xl s. worth with an intent to steale them being put in trust therewith shall be punished as Felons II. This Act shall not extend to Apprentices nor servants under the age of eighteene years III. Stat. 2.3 E. 6.15 Artificers workmen
debate in the Kings Court without the Kings speciall Licence in paine to lose the Church and his service and that no Clerk of any Justicer or Sheriffe take part in any Suites or use fraud whereby Common right may be delayed in paine to be punished as aforesaid and more grievously if the Trespasse require it III. Stat. West 2.13 E. 1.48 The Chancellor Treasurer Justices any of the Kings Councell Clerk of the Chancery Exchequer or of any Justice or other officer or any of the Kings house Clerk or Lay shall not receive any Church or Advowson of a Church Land or Tenement in Fee by gift by purchase to farme by Champerty or otherwise so long as the same thing is in Plea nor shall take any reward thereof in pain to be punished at the Kings pleasure both the buyer and seller IV. Stat. 28. E. 1.11 None shall take upon him a businesse in Suit with an intent to have part of the things sued for neither shall any upon any such Covenant give up his right to another in pain that the taker shall forfeit to the King so much of his lands and goods as doth amount to the value of the part so purchased for such maintenance to be recovered by any that will sue for the King before the Justices before whom the Plea hangeth V. This statute shall not prohibite any to take Counsell at Law for his Fee or of his parents or next friends VI. Stat. 33. E. 1. He that shall be attainted of Champerty or Maintenance shall suffer three years imprisonment and be fined at the Kings pleasure VII Stat. 1. E. 3.14 None shall take upon him to maintain quarrels and parties in the Country to the Let and disturbance of the Common law VIII Stat. 4. E. 3.11 Justices of the Benches Justices of Assise and of nisi prius shall heare and determine maintenance Conspiracy and Champerty IX Stat. 20. E. 3.4 None shall maintain any quarrels save only their own X. Stat. 1. R. 2.4 No great officer of the King shall maintaine quarrels in the Country in pain of a Fine to be set by the King and his Councell and no other person in pain of Imprisonment and to be fined at the Kings will and if he be the Kings officer or houshold servant he shall also lose his place Stat. 1. R. 2.7 None shall give liveries for maintenance of Quarrels in paine of Fine and imprisonment XII Stat. 1. R. 2.9 All gifts or Feoffments of lands Tenements or goods for maintenance shall be void XIII Stat. 7. R. 2.15 The Statutes of 1 E. 3.14.4 E. 3.11 1. R. 2.4 9. shall be duly executed in all points XIV Stat. 4. H. 4.8 If any make forcible entry into lands by way of Maintenance the Chancellor of England shall grant a speciall Assise without suing to the King and if the Disseisor shall be attainted thereof he shall suffer one whole yeares imprisonment and restore double damages to the party grieved XV. Stat. 32. H. 8.9 All statutes which concerne Maintenance Champerty and Embracery shall be duly put in execution XVI None shall buy any pretended right or Title in any land unlesse the seller hath taken the profits thereof one whole yeare before in pain that both the buyer and seller shall each of them forfeit the value of the same land to be divided betwixt the King and the prosecutor XVII None shall unlawfully maintain any Suit or action retain any person for Maintenance Embrace Jurors or suborn witnesses to the hinderance of Justice or the procurement of perjury in pain to forfeit for every such offence x. l. to be divided betwixt the King and the prosecutor XVIII Howbeit purchasing of a pretenced Title by him that is already lawfully possessed of the thing whereunto Title is made is lawfull XIX Proclamations shall be made at the Assises of the Statutes made against Maintenance Champerty Embracery and unlawfull Retainers XX. The Offenders against this Act shall be prosecuted within one yeare See Actions Popular 12.15.18 Force 4. Marches Stat. 31. H. 6.3 They may punish such as shall unlawfully against the provision of this Statute attach men dwelling farre off to appeare in the Warden Courts of the Marches neere Scotland Mariners S. Captaines 32.35 c. Markets S. Horses 11 c. Marshalls of the Kings Bench S. Bailement 3. Marshalsey S. Poor people 15. Marshes Stat. 7. Jac. 20. Their power in recovering Marshgrounds in Norfolk and Suffolk Masons Stat. 3. H. 6.1 It shall be Felony to plot confederacies amongst Masons those which assemble upon such confederacies shall suffer Imprisonment and pay fine and ransome at the Kings pleasure Matrimony I. Stat. 7. Jac. 11. It shall be Felony for any person to marry which hath had notice that his or her former husband or wife was living within seaven yeares before II. The Triall in this case shall be in the County where the party delinquent shall be apprehended III. But this Statute shall not extend to question any for Felony where the former marriage was before the latter severed by divorce or declared void in the Ecclesiasticall Court or was made before the age of consent neither shall the breach of statute draw after Corruption of blood losse of Dower or disinherison of heire or heires Mault I. Stat. 17. R. 2.4 Mault made in the Counties of Huntington Cambridge Northampton and Bedford and brought to London for the provision of the Court and City shall be well clensed from Dust and other filth And Maiors Bailiffes and Wardens of townes and places where it is sold have power to make search and to see such defaults redressed II. Stat. 2. E. 6.10 None shall imploy lesse time in the making and drying of Mault except in the moneths of June July and August then three weekes and in these moneths lesse then seaventeen dayes nor put to sale any Mault mingled of good and bad in pain to forfeit for every quarter otherwise ordered or sold 2. s. to be divided betwixt the King and the prosecutor III. None shall put any Mault to sale before by tredding rubbing and Fanning it he shall have conveniently taken out of every quarter halfe a peck of Dust or more in paine to forfeit xx d. for every quarter otherwise sold to be divided betwixt the King and the prosecutor IV. Justices of Peace in Sessions and Stewards of Leets have power to heare and determine these offences as well by presentment of 12. men as by information of two Witnesses V. Baylisses and Constables of townes and places where faulty Mault is made or mingled as aforesaid have power to make search for it and being found with the Advise of a Justice of P. to make sale thereof at their discretions VI. None shall be punished by this Act which only maketh mault for his owne provision nor unlesse the Action be prosecuted within one yeare VII Stat. 39. El. 16. Justices of Peace in Sess have power at their discretions to restraine the
such book to be divided into three parts and imployed as aforesaid CXXIV Two Justices of Peace and all Maiors Bailiffes and head Officers have power to search the houses and lodgings of Popish Recusants convict and of every person whose wife is a Popish Recusant convict for Popish books and reliques and to burn or deface such as they shall finde in their custodie but such as are of value shall be defaced in open Sess and afterwards restored to the owner CXXV All the Armour Gunpowder and Munition of a Popish Recusant convict shall be taken from him by warrant from foure Justices of Peace at the generall Sess other then such weapons as shall be allowed unto him by the same Justices which said Armour and Munition shall be kept at the costs of such Recusant in such places where the said Justices shall appoint and shewed at every Muster as his armes together with his horse which hee shall buy provide and maintain for that purpose according to his ability as other subjects do And here the Recusant that refuseth to declare what armour or munition he hath or to deliver it to such persons as shall have power to sease it shall forfeit the same to the King and besides shall upon warrant from any Just of Peace of that County be imprisoned by the space of three moneths without baile CXXVI This Act shall not abridge Ecclesiasticall censures CXXVII Stat. 7. Ja. 6. Who shall take the oath of Obedience by whom it shall be ministred and within what time CXXVIII It shall be lawfull for any of the privie Councell or any Bishop within his Diocesse to require a Baron or Baronesse of eighteen yeers of age or above to take the said Oath And likewise for any two Justices of Peace one Quorum to require any person of the age aforesaid or above and under the degrees aforesaid to take the same Oath CXXIX If any Baron or Baronesse stand presented indicted or convicted for Recusancy three of the privie Councell whereof the Chancellor Treasurer Lord privie Seal or principall Secretary shall be one shall minister unto them the said Oath But if it be any other convicted person under those degrees or if the Minister petty Constables and Church-wardens of any parish or any two of them shall complain to any Justice of Peace of any person suspected for Recusancy then any such Justice may in either of these cases minister the said Oath and upon refusall shall commit the party to prison there to remain till the next Ass or Sess where if he again refuse to take it hee shall incurre a Praemunire except women covert who shall only be imprisoned and there remain without baile till they shall take the said Oath CXXX None refusing the said Oath shall be capable of any office of Judicature or other office being no office of inheritance or ministeriall function or to practise the common Law the civill Law Physick Surgery the art of Apothecary or any liberall science for gain CXXXI If a married woman being a convicted Recusant doe not conform within three moneths after conviction she shall be committed to prison by a privie Councellor or the Bishop of the Diocesse if she be a Baronesse but if any other of a lower degree then shall she be committed by two Justices of P. one Quorum and there shall remain till she conforme as aforesaid unlesse the husband for his wives offence will pay unto the King x. l. for every moneth or yeeld the third part of all his lands at the choice of the said husband CXXXII None shall goe himselfe or send any person whatsoever beyond sea to be trained up in Popery or any maintenance or reliefe to the party so sent or to any School or Religious house there in paine after conviction thereof to be adjudged unable to prosecute any suite in any Court of equity to be committee of any Ward executor or administrator to be uncapable of any legacy or deed of gift or of bearing Office within this Realme and besides to forfeit all his goods and chattels and his lands also during life But if hee conforme within six weeks after his return according to the Statutes in that case provided he shall not incurre the penalties aforesaid CXXXIII These offences shall be heard and determined by the Justices of the Kings Bench Assise Gaol delivery and Oyer and Termin of such Counties where the offenders did last dwell or whence they departed or where they shall be taken See Actions popular 18. Regrators See Forestallers Victuall 2. Riots Routs and unlawfull Assemblies I. Stat. 17. R. 2.8 The Sherisses and all other the Kings Officers shall supprese Riotors and imprison them and all other offending against the peace II. Stat. 13. H. 4.7 The Justices of Peace or two of them at least together with the Sheriffe or under-Sheriffe shall by the power of the County suppresse Riots Routs and unlawfull assemblies arrest the offenders and record what shall be done By which record of the said Justices and Sheriffe or under-Sheriffe the offenders shall stand convict as by the Stat. of 15. R. 2.2 in case of forcible Entries And if the offenders be departed the said Justices and Sheriffe or under-Sheriffe shall within a moneth after make enquiry thereof and heare and determine the same according to law See Force 2. III. If upon such inquiry the truth cannot be discovered in manner aforesaid then shall the said Officers within one moneth after such inquiry certifie the fact together with the circumstances thereof unto the King and his Councell which certificate of theirs shall be in the nature of a presentment by twelve whereupon the offenders shall be brought to answer and those that be found guilty shall be punished at the discretion of the King and his Councell IV. If the offenders traverse the said certificate then that together with the traverse shall be sent into the Kings Bench there to be tried V. If the Offencers upon the first precept do not appear before the Councell or in the Kings Bench a second precept shall issue forth upon which if they cannot be found or if within three weeks after Proclamation made agaist them in the next County Court after the delivery of the second precept they doe not make their appearance before the Councell in the Kings Bench or in the Chancery in vacation time upon returne of the said Proclamation they shall stand convict and attainted of the offence committed VI. Justices of Peace dwelling neerest the place where such offences shall be committed and Justices of Assise for the time they shall be in their Session in case any be then committed shall doe execution of this act in pain of 100. l. VII Stat. 2. H. 5.8 If default be found in the Justices of Peace or Assise or in the Sheriffe or under-Sheriffe touching the due execution of 23. H. 4.7 at the instance of the party grieved the Kings Commission shall go out to inquire as well of the truth
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
yeare nor above 12. d. for making of a bond in paine to for fet 20. l. to be divided betwixt the King and the prosecutor and also to suffer six months imprisonment See Actions popular 15. Wages S. Justices of P. 13 18. Labourers 15 c. Parliament Wagoner S. Holy-dayes 2. Waine-man S. Holy-dayes 2. Wales 1. Stat. 26. H. 6. Just of P. in the Counties next adjoyning to Wales may heare and determine the felonies committed in Wales and in the Marches thereof and how they may proceed therein II. Stat. 27. H. 8.7 The said Justices may heare and determine certaine offences there mentioned of Foresters in Wales about unreasonable customes and how they are to proceed therein III. Stat. 34. H. 8.26 In this Statute is set downe by whom the Justices of P. in Wales are to be appointed how many there ought to be in every County what manner of men they ought to be and how they ought to deale in their office concerning their Sess Certificates Fees Amerciaments and Fines together with divers other matters there mentioned S. Boat-men 1. Warrens S. Hunters Watches 1. Stat. of Winchester 13. E. 1.4 In great Towns walled the gates shall be shut from Sun-set till Sun-rising and none shall lodge without the Town unlesse his Host will answer for him for which purpose the Bailiffes of Towns shall make search once every fortnight at least and if they find any suspicious persons to have been lodged against the peace they shall do right therein II. Betwixt Ascension day and Michaelmas Watch shall be kept all night from Sun-setting till Sun-rising viz. in a City with six men at every gate in a Borough with twelve men and in every Town with six or four men according to the number of the inhabitants there and if any stranger passe by them he shall be arrested till morning and if he will not obey the arrest they shall levie Huy and Crie upon him III. Stat. 5. H. 4.3 Watches shall be made upon the sea-coasts as they were wont to be and in that case the Statute of Winchester shall be observed IV. In every Commission of Peace hereafter to be made this article shall be inserted That the Justices of Peace shall have power in their Sessions to enquire of Watches and to punish them which shall be found in default according to the tenour of the said Statute Watermen S. Boatmen Wax I. Stat. 11. H. 6.12 No Wax-Chandler shall sell or put to sale any Candles or other wares made of wax at a dearer rate then that he may have only iiii d. in every pound of wares over the price of plain wax in pain to forfeit all such waxes put to sale and the value of them sold and besides to make fine to the King II. Justices of Peace Maiors Bailiffes and Stewards of Franchises have power to examine and search concerning the breach of this law and also to heare and determine the offences committed against the same Stat. 23. El. 8. Wears S. Fishing 6 26. Weights and Measures I. Magna Charta 9. H. 3.25 One measure and one weight shall be used throughout England II. Assisa Penis Cervisia 11. H. 3. A Table of the assise of Bread according to Troy weight having twelve ounces in a pound and twenty penny weight in each of those twelve ounces Price of Wheat Penny White Penny Wheaten Penny Houshold s. d. l. oun d. l. oun d. l. oun d. 19 6 1 5 7 2 2 0 2 10 19 20 0 1 4 18 2 1 6 2 9 16 20 6 1 4 10 2 0 14 2 9 0 21 0 1 4 2 2 0 2 2 8 4 21 6 1 3 14 1 11 12 2 7 8 22 0 1 3 6 1 11 0 2 6 12 22 6 1 3 0 1 10 10 2 6 0 23 0 1 2 14 1 10 0 2 5 8 23 6 1 2 8 1 9 12 2 4 16 24 0 1 2 2 1 9 2 2 4 4 24 6 1 1 16 1 8 13 2 3 12 25 0 1 1 10 1 8 6 2 3 0 25 6 1 1 5 1 7 18 2 2 10 26 0 1 1 0 1 7 10 2 2 0 26 6 1 0 15 1 7 3 2 1 10 27 0 1 0 10 1 6 16 2 1 1 27 6 1 0 6 1 6 8 2 0 12 28 0 1 0 1 1 6 0 2 0 2 28 6 0 11 17 1 5 15 1 11 14 29 0 0 11 13 1 5 10 1 11 6 29 6 0 11 9 1 5 4 1 10 17 30 0 0 11 5 1 4 18 1 10 10 30 6 0 11 1 1 4 12 1 10 2 31 0 0 10 18 1 4 6 1 9 16 31 6 0 10 14 1 4 1 1 9 8 32 0 0 10 11 1 3 16 1 9 2 32 6 0 10 8 1 3 12 1 8 16 33 0 0 10 5 1 3 6 1 8 10 33 6 0 10 3 1 3 0 1 8 4 34 0 0 9 19 1 2 15 1 7 18 34 6 0 9 16 1 2 12 1 7 12 35 0 0 9 13 1 2 8 1 7 6 35 6 0 9 10 1 2 4 1 7 0 36 0 0 9 8 1 2 1 1 6 16 36 6 0 9 5 1 1 18 1 6 10 37 0 0 9 2 1 1 14 1 6 4 37 6 0 9 0 1 1 10 1 6 0 38 0 0 8 18 1 1 7 1 5 16 38 6 0 8 15 1 1 4 1 5 11 39 0 0 8 13 1 1 0 1 5 6 39 6 0 8 11 1 0 16 1 5 2 40 0 0 8 9 1 0 12 1 4 18 40 6 0 8 7 1 0 9 1 4 14 41 0 0 8 5 1 0 6 1 4 10 41 6 0 8 3 1 0 3 1 4 6 42 0 0 8 1 1 0 0 1 4 2 42 6 0 7 19 0 11 18 1 3 18 43 0 0 7 17 0 11 16 1 3 14 43 6 0 7 15 0 11 13 1 3 10 44 0 0 7 13 0 11 10 1 3 6 44 6 0 7 12 0 11 6 1 3 3 45 0 0 7 10 0 11 4 1 3 0 45 6 0 7 8 0 11 2 1 2 17 46 0 0 7 6 0 11 0 1 2 14 46 6 0 7 5 0 10 18 1 2 10 47 0 0 7 4 0 10 1â— 1 2 7 47 6 0 7 2 0 10 13 1 2 4 48 0 0 7 1 0 10 10 1 2 1 48 6 0 6 19 0 10 8 1 1 18 49 0 0 6 17 0 10 6 1 1 16 49 6 0 6 16 0 10 4 1 1 13 50 0 0 6 15 0 10 2 1 1 10 50 6 0 6 14 0 10 0 1 1 7 51 0 0 6 12 0 9 18 1 1 4 51 6 0 6 11 0 9 16 1 1 2 52 0 0 6 10 0 9 14 1 1 0 52 6 0 6 8 0 9 12 1 0 17 53 0 0 6 7 0 9 10 1 0 14 53 6 0 6 6 0 9 8 1 0 12 54 0 0 6 5 0 9 6 1 0 10 54 6 0 6 4 0 9 5 1 0 8 55 0 0 6 3 0 9 4 1 0 6 55 6 0 6 1 0 9
chief Officers of the said Cities Boroughs and Market Towns which shall have delivered unto them such weights and measures sealed with the letter H. crowned or with the first letter of the name of the present King of England for the time being shall have authority and power to signe like weights and measures unto any of the Kings subjects duely requiring the same taking for the marking of every bushell only one penny L. None shall use any other weights or measures but such as are so marked LI. Maiors and chiefe Officers shall at least twice every yeer view all measures and weights within their jurisdictions and break or burn them which they finde defective and also inflict punishment upon the offenders viz. for the first offence vi s. viii d. for the second xiii s. iiii d. and for the third xx s. and besides adjudge them to the pillory LII Two Justices of Peace one Quorum have authority as well by examination as inquiry to hear and determine the defaults of Maiors and other head Officers and also of buyers and sellers contrary to this act and to set fines and amerciaments upon the offenders at their discretions and the defective weights or measures are to be forfeited and burnt LIII Eight bushels of corn raised and stricken shall be accounted a Quarter 14. l. a stone of Wooll and 26. stone a sack Howbeit this Act shall not extend to any person selling or buying by water measure within ship-board whereof every bushell shall containe five pecks raised and stricken LIV. Within the Cinque Ports the Lord Warden or his Lieutenant shall order the weights and measures LV. Stat. 12. H. 7.5 A Bushell shall containe 8. gallons of Wheat and every gallon 8. pounds of Wheat Troy weight and every pound 12. ounces and every ounce 20. sterlings or penny weights and every sterling shall weigh 32. graines of Wheat that grew in the midst of the eare of Wheat And a standard for the Kings treasury is to be made according to this Assise LVI Whereas the weights and measures sent downe to Cities and Boroughs last yeare by the Stat. of 11. H. 7.4 were found defective others more perfect shall be sent thither at the charge of the said Cities and Townes according to which all other weights and measures shall be regulated upon the paines in the said Statute contained LVII Stat. 16. Car. 19. There shall be one weight and one measure according to the standard of the Exchequer throughout the Realme and every measure of Corne shall be striked without heape LVIII Whosoever shall sell by or keep any other weight or measure whereby any thing is bought or sold after six months after this Sess of Parliament shall forfeit for every such offence 5. s. being thereof lawfully convicted by the oath of one witnesse before a Justice of P. Maior or other head Officer in their severall precincts respectively who shall have power to administer an Oath in that behalfe which said forfeiture shall be levied by the Church-wardens and Overseers of the poore or one of them where the offence shall be committed to the use of the poore there by distresse and sale of goods rendring the overplus to the party offending And in default of distresse it shall be lawfull for any Justices of P. Maior or other head Officer in their severall precincts respectively to commit such offender to prison untill he shall pay the summe so forfeited LVIX The Clerk of the Market of the King or Princes houshold and his deputies shall only execute their office within the verge and not elsewhere And head Officers of Corporations and Lords of Liberties and their deputies may execute theirs in their severall precincts as they might have done before this Act was made LX. If any of the Officers aforesaid shall seale any weight or measure which is not agreeable to the said standard or shall refuse to seale such as are agreeable thereunto the party paying only such fees for the allowance thereof as are warranted by Statute or some ancient custome they and their deputies respectively shall for every such offence forfeit 5. l. to be levied as aforesaid to the use of the poore where the offence was committed LXI If they shall take any other fine fee reward or summe of money then what are allowed by Statute or some such ancient custome for the signing or examination of any weights or measures which have beene formerly marked or sealed or shall impose any fine or amerciament without a legall triall of the offence or shall otherwise misdemean themselves in the execution of their office and shall be thereof lawfully convict they shall forfeit for the first offence 5. l. for the second 10. l. and for every other offence 20. l. to be levied as aforesaid to the use of the poore where the offence was committed LXII He that is fined or amerced by this Act shall not be again punished for the same offence by force of any former Law or Statute LXIII This Act shall not extend to the measure of Rent-corn nor to Water-measure LXIV If any Officer authorised for the execution of this Statute shall be impleaded for any act he shall do therein he shall plead the generall Issue not guilty and yet give this Statute or any other speciall matter in evidence And if he be found not guilty or the Plaintiffe be non-suited he shall recover treble costs Wild Fowle Stat. 25. H. 8.11 None shall destroy or take away the eggs of any wild Fowle in paine to forfeit for every egge of a Crane or Bustard so taken or destroyed 20. d. of a Bitter Herne or Shovelard 8. d. of a Mallard Tele or other wild Fowle 1. d. to be divided betwixt the King and the prosecutor And here Justices of P. shall have power to inquire heare and determine offences of this kind as they use to do in cases of Trespasse S. Hawks 19 20. Hunters 7. Wines I. Stat. 7. E. 6.5 None shall utter Wine by retaile in any other place then in Cities Boroughs Port Townes or Market Towns or in Gravesend Sittingborne Tuxford or Bagshot in paine to forfeit 10. l. for every day that they sell Wine otherwise II. None shall utter Wine by retaile in any City Borough or Corporation but by license of the most part of the Common-Councell Aldermen Burgesses or Communalty there under their common Seale nor in any City Borough Port towne or Market town not Corporate or in Gravesend Sitting-borne or Bagshot without licence of the Justices of P. of the County in Sess under their Seales in paine to forfeit 5. l. for every day that they sell Wine otherwise which said Officers Communalty and Justices have power to continue or change such licences at their discretions but shall not licence above two in one place in paine to forfeit 5. l. a piece except in these hereafter following in which it shall be lawfull to licence more then two viz. in London 40 York 8 Norwich 4 Westminster 3 Bristoll 6 Lincolne 3 Hull 4 Shrewsbury 3 Exeter 4 Salisbury 3 Glocester 4 Westchester 4 Hereford east 3 Worcester 3 South-hampton 3 Canterbury 4 Ipswich 3 Winchester 3 Oxford 3 Cambridge 4 Colchester 3 Newcastle 4 III. None shall sell or utter Wine by retaile to be spent in his or their mansion house or in any other place in their tenure by any colour craft or engine in paine of 10. l. IV. The abovesaid forfeitures shall be divided betwixt the King and the prosecutor V. Justices of P. within every County and Corporation in Sessions Stewards in Leets and Sheriffes in their Turnes have power to enquire by the oaths of twelve men of all offences committed against this Act in which case the forfeitures which shall thereupon grow due shall be divided betwixt the King and the poore of the Towne or place where the presentment shall be found VI. This Act shall not prejudice the liberties of either of the Universities nor charge any person offending unlesse the suit be prosecuted within a yeare S. Weights 6. Witchcraft I. Stat. 1. Jac. 12. If any shall be lawfully convicted to have used or practised the invocation or conjuration of any evill spirit or to have taken up any dead person out of their grave or any part of such person to be used in witchcraft or inchantment or to have used witchcraft wherby any person hath been killed pined or made lame they together with their accessaries shall be adjudged felons without benefit of Clergy II. If any shall be lawfully convicted to have taken upon them by witchcraft inchantment charme or sorcery to discover any place of hidden treasure or where lost or stollen goods are become or to provoke any person to unlawfull love or to destroy or impaire any cattell or goods or to hurt or destroy any person in their body although the same be not effected they shall for the first offence suffer one whole years imprisonment without bail and once in every quarter of that yeer at a Market or Fair stand upon the pillory six hours and there openly confesse the offence committed and for the second offence shall suffer as a felon without benefit of Clergy But here shall be no losse of dower or disherison of heire and in these cases a Peer being an offender shall be tryed by his Peers Witnesse S. Perjury 8. Wood. Stat. 35. H. 8.17 Two Justices of Peace appointed by the more part of the other Justices have power in a form there set down to set out between the lord of a wood and his commoners when they cannot agree the lords part which being as neer a fourth part as can be laid out the said lord or owner shall inclose or sell at his pleasure See Corns Wooll Stat. 2 3. P. M. 13. Justices of P. about Hallifax in Yorkshire have power to punish such of the inhabitants there as having bought wooll doe sell the same again in any other place and not in Hallifax or to the richer sort there or to such as sell it again and not to the poor to be wrought into yarn See Actions popular 18. Writs S. Processe Supersedeas FINIS
Brasse tinne pewter c. in paine of 5. l. to be divided as in the former Statutes XV. Stat. 33. H. 8.7 and 2. E. 6.37 None shall convey out of this Realme Brasse Copper Latten Bell-metall Pan-metall gunne-Metall nor shroffe metall cleane or mixed tinne and lead only excepted Bridges I. Mag. Cart. 9. H. 3.15 No towne nor Freeman shall be distrained to make bridges or Bankes but such as of old time and of right have beene accustomed to make them II. Stat. 22. H. 8.5 Foure Iustices 1. Qu. shall in Sessions inquire heare and determine the annoyances of Bridges and of the high-wayes adjoyning within 300 foote next vnto the said Bridges and shall also charge such as should repaire them by sending forth processe or setting paines as they shall think fit III. When it cannot be knowne what precinct should repaire a Bridge or way they shall be repaired by the County Riding or Corporation within which they are scituate and if they happen to be scituate in two of such precincts the Inhabitants there shall repaire their severall parts respectively IV. The said foure Iust have power to call before them the Constables or two able men of every parish and by their assent to make a taxe and Collectors to levie the same by distresse and Sale and also to make Survey ours of the said decayed Bridges and wayes unto whom the Collectors shall pay the money levied which said Collectors and Surveyours shall render an Accompt vnto the said Iustices upon pain of Imprisonment without Baile V. The said Iust may in this case send processe out of their jurisdiction which the officers to whom it is directed shall obey and serve in paine to be fined by the said Iustices VI. This Act shall not extend to the five Ports nor to the members of the same save only that their officers shall have such power to reform annoyances of Bridges and wayes there as the Iust of P. have elsewhere by force of this Act. VII The said Iust shall allow to the said Collectors and Surveyors their reasonable charges VIII Stat. 3. Ja. 23. An Act for the new making and keeping in repaire of Chepstow Bridge Brewers Stat. 23. H. 8.4 The forfeiture of a Brewer that doth sell his vessels of Ale and beere for more then they shal be assessed at by the Iustices of the County or the head officers of a Corporation within their severall limits respectively is x. s. for any vessell greater then a Barrell 6. s. for a Barrell 3. s. 4. d. for a kilderkin 2. s. for a firkin and 12. d. for every lesse measure to be equally divided betwixt the K. and the prosecutor S. Purveyors 56. Victuall 2.10 weights 4.7.13 Buggery I. Stat. 25. H. 8.6 Buggery shall be accounted felony and the Offender therin shal not have his Clergie II. Iustices of P. have power to enquire heare and determine this offence III. Stat. 5. El. 17. The Statute of 25. H. 8.6 is revived Burglary House-breaking I. Stat. 3. 4. E. 1. Hue and Cry shall be made after Burglers II. Stat. 23. H. 8.1 Clergie shall not be allowed to any principall or Accessarie that is found guilty of Burglary when the owner his Children or Servants shall be in the house and put in feare Stat. 1. E. 6.12 by night or by day Stat. 4. 5. P.M. 4. III. Stat. 25. H. 8.3 Clergie shall not be allowed to a Burgler that stands mute or makes peremptory Challenge of above xx Stat. 1. E. 6.12 IV. Stat. 5. 6. E. 6.9 Clergie shal not be allowed although the Burglarie be committed without the notice of the owner Children or Servants any of them being within the house or precincts of the same So it is also for Burglarie committed in Boothes or Tents Stat. 18. El. 7. V. Stat. 39. El. 15. Clergie shall not be allowed to any that feloniously takes away any thing in the day time amounting to the value of 5. s. out of any dwelling house or out-house although no person be within or neer the same S. Clergie Felonie 15. Burning of Houses c. I. Stat. 23. H. 8.1 Clergie shall not be allowed to the principall or Accessary that is found guilty of the malicious burning of a dwelling house or a Barn of graine Stat. 4. 5. P.M. 4. II. Stat. 25. H. 8.3 Nor to the wilfull Burner of a house according to the tenor of 23. H. 8.1 which stands mute or makes peremptory Challenge of above xx Stat. 4. 5. P.M. 4. Includes the Accessarie also III. Stat. 37. H. 8.6 For the malitious burning of waynes or Carts loaden Heapes of wood or the frame of a house the offender shall suffer as in case of Felonie and shall forfeite his goods and profits of his lands during his life but his wife shall have her Dower and his heir the inheritance only out of profits of the lands the heire shall satisfie damages to the partie grieved S. Bailement 1. Clergie Butchers I. Stat. 51. H. 3. Butchers that sell contagious flesh or that died of the Murren shall be presented and punished II. Stat. 4. H. 7.3 Butchers shall kill no Beasts in London any walled towne or Cambridge except Barwicke and Carlile in pain to forfeit for every Oxe 12. d. and for every other Beast 8. d. to be equally divided between the K. and the prosecutor III. Stat. 3. 4. E. 6.19 A Butcher shall not buy Cattell and sell the same againe alive in pain to forfeit the one half to the K. and the other to the prosecutor Note that the Statute of 24. H. 8.9 which prohibiteth Butchers to kill weaning Calves under the age of two yeares is expired See 21. Jac. 28. S. Forestallers 5. Leather 13. Victuall 2.10 Weights 14. Butter Cheese I Stat. 3. 4. E. 6.21 None except Inholders and Victuallers in their houses shall buy any Butter or Cheese to sell again save only by retaile in open shop Faire or Market and so not above a wey of Cheese or a Barrell of Butter at one time without fraud in paine to forfeit double the value thereof to be equally divided betwixt the K. and the prosecutor II. Stat. 21. Jac. 22. The Statute of 3. 4. E. 6.21 shall not extend to the Retaylers of Cheese in London Westminster or Southwark having served seaven yeares in that trade and not uttering above 4 wey of Cheese or 4. barrels of Butter at one time without fraud III. Justices of P. in Sessions have power to restrain the retailing of Butter Cheese during which restraint those that retail shal be lyable to the penalty of 3. 4. E. 6.21 and 5. 6. E. 6.14 which see in Forestallers S. Corne. 1. Butts S. Archerie Buying of Titles S. Mainteynance Calves S. Leather 12. Captaines Souldiers Musters Marriners I. STat. 1. E. 3.5 No man shall be compelled to arme himselfe otherwise then in times past neither shall any man be compelled to go out of the Shire save where necessity
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.
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
STATVTA PACIS Or A perfect Table of all the Statutes now in force which any way concerne the Office of a JUSTICE of Peace Cleerly also setting down the severall duties of Sheriffes Head-officers of Corporations Stewards in Leets Constables and other Officers so far forth as the said Statutes do in any sort concern them Faithfully collected and alphabetically digested under apt Titles By E. W. Horace Quicquid praecipies esto brevis ut citò dicta Percipiant animi dociles teneántque fideles LONDON Printed by M. Flesher and J. Young An. Dom. 1644. The Preface ALleit this Table holds forth to publike view a perspicuous Compendium of such a forme of subordinate government for the tranquillity and quiet of this Realm as no part of the Christian world hath the like as Sir Edward Cook affirmeth in the last part of his Institutes cap. 31. Neverthelesse the Author thereof would not have been guilty of so much presumption as to have suffered it to see the light had he not been earnestly importuned so to doe by a worthy friend of his very well experienced in that kind of Government upon this assurance that it might be usefull not only for him that made it as most Tables are but likewise for all others that desire to he acquainted with the jurisdiction of Justices of Peace as well those who are to govern by it as others that are to yeeld obedience unto it For in this little volume you may readily discover the substance of all the Statutes now in force which any way concern the Office of a Justice of Peace alphabetically digested under proper Titles and set down in order of time as they were made In tenui sed non tenuis fructúsve labórve Howbeit professing it self nothing else but a Table let the Reader be admonished not to depend too much upon the letter thereof but rather to have recourse to the Statutes at large when and as often as he shall make the least scruple or doubt of any thing therein abridged Neverthelesse it is confidently beleeved that he shall find the sence of the Statutes therein mentioned to be as plainly and fully reported as can possibly be expected from a Table And forasmuch as a Just of P. receives Instructions for the execution of his Office not only from statute law but likewise from his Commission and Oath of Office behold them also here premised to the end that upon view of all of them together hee may be cleerly directed what course to run The Commission as it was reformed Ter. Mich 32 33. Eliz. by all the then Judges of England as is testified by Sir Edward Cook ubi supra hereafter followeth in these words Carolus Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Praedilecto fideli A. B. c. necnon C. D. E. F. c. salutem Sciatis quod assignavimus vos conjunctim divisim quemlibet vestrum Justiciarios nostros ad pacem nostram in Comitatu nostro B. conservandam ac ad omnia ordinationes statuta pro bono pacis nostrae ac pro conservatione ejusdem pro quieto regimine gubernatione populi nostri edita in omnibus singulis suis articulis in dicto Comitatu nostro tam infra libertates quam extra juxta vim formam effectum eorundem custodiendum custodiri faciendum Et ad omnes contra formam ordinationum vel statutorum illorum aut eorum alicujus in Comitatu praedicto delinquentes castigandum puniendum prout secundum formam ordinationum statutorum illorum suerit faciendum Et ad omnes illos qui alicui vel aliquibus de populo nostro de corporibus suis vel de incendio domorum suarum minas fecerint ad sufficientem securitatem de pace vel bono gestu suo erga nos populum nostrum inveniendam coram vobis seu aliquo vestrum venire faciendum Et si hujusmodi securitatem invenire recusaverint tunc eos in prisonis nostris quousque hujusmodi securitatem invenerint salvò custodiri faciendum Assignavimus etiam vos quoslibet duo vel plures vestrum quorum aliquem vestrum A. B. C. D. E. F. c. unum esse volumus Justiciarios nostros ad inquirendum per Sacramentum proborum legalium hominum de Comitatu praedicto per quos rei veritas melius sciri poterit de omnibus omnimodis feloniis veneficiis incantationibus sortilegiis arte magica transgressionibus forstallariis regratariis ingrossariis extortionibus quibuscunque Ac de omnibus singulis aliis malefactis offensis de quibus Justiciarii pacis nostrae legitime inquirere possunt aut debent per quoscunque qualitercunque in Comitatu praedicto factis five perpetratis vel imposterum ibidem fieri vel attemptari contigerit Ac etiam de omnibus illis qui in Comitatu praedicto in conventiculis contra pacem nostram in perturbationem populi nostri seu vi armata ierunt vel equitaverunt sen imposterum ire vel equitare praesumpserint Ac etiam de omnibus iis quiibidem ad gentem nostram mayhemandum vel interficiendum in insidiis jacuerunt vel imposterum jacere praesumpserint Ac etiam de hostellariis aliis omnibus singulis personis qui in abusu ponderum vel mensurarum five in venditione victualium contra formam ordinationum statutorum vel eorum alicujus inde pro communi utilitate Regni nostri Angliae populi nostri ejusdem editorum deliquerunt vel attemptaverunt seu imposterum delinquere vel attemptare praesumpserint in Comitatu praedicto Ac etiam de quibuscunque Vicecomitibus Ballivis Seneschallis Constabulariis custodibus Gaolarum aliis Officiariis qui in executione Officiorum suorum circa praemissa seu eorum aliqua indebite se habuerint aut imposterum indebite se habere praesumpserint aut tepidi remissi vel negligentes fuerint aut imposterum fore contigerit in Comitatu praedicto Et de omnibus singulis articulis circumstantiis aliis rebus quibuscunque per quoscunque qualitercunque in Comitatu praedicto factis five perpetratis vel quae imposterum ibidem fieri vel attemptari contigerit qualitercunque praemissorum vel eorum alicujus concernentibus plenius veritatem Et ad indictamenta quaecunque sic coram vobis seu aliquibus vestrum capta five capienda aut coram aliis nuper Justiciariis pacis in Comitatu praedicto facta five capta nondum terminata inspiciendum Ac ad processus inde versus omnes singulos sic indictatos vel quos coram vobis imposterum indictari contigerit quousque capiantur reddant se vel utlagentur faciendum continuandum Et ad omnia singula felonias veneficia incantationes sortilegia artes magicas transgressiones forstallarias regratarias ingrossarias extortiones conventicula indictamenta praedicta caeteraque omnia
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
pain to forfeit 12. d. for every day IV. The Surveyours have power to appoint instead of a team two able Labourers to worke as aforesaid who shall not faile in pain of 12. d. a piece for every day V. Stewards in Leets have power to inquire after the breach of this Act and to set Fines upon those that make default at their diseretion and shall within six weekes after Michaelmas deliver indented estreats thereof under their hands and seales viz. one to the Bailiffe or high Constable of the liberty and the other to the Constables and Church-wardens of the parish where the default was made VI. In default of p̄sentmēt therof in Leets the Justices of P. in Sess shal enquire therof set such fines as they or two of them 1 Qu. shal think fit whereof the Clerk of the P. shall also deliver indented Estreates under hishād seal to the Const Churchw as aforesaid VII Their Estreats shall be a sufficient warrant for the Bailiffe or chief Const to levy the said Fines by way of distresse and if no distresse can be found or the party do not pay the fyne wihtin 20 dayes after lawfull demand he or they shall forfeit double so much All which fynes forfeitures shall be imployed towards the Amendment of the high-wayes VIII The Bailisse or high Const shall yearly betwixt the first of March and the last of Aprill render unto the Const and Churchw unto whom the other part of the Estreats was delivered a true Accompt of the moneys received by him in paine of xl.s. And the said Const and Churchwardens have power to call the said Bailiffe or high-Const before two or more Just of P. 1. Qu. to passe his accompt who have power to commit him untill he shall have satisfied all the arrerages by him received save 8. d. in the pound for his own Fee and 12. d. in the pound for the Fee of the Steward or Clerk of the P. and in this Case the succeeding Const and Churchw have the same power that their predecessors had IX Stat. 5. El. 13. It shall be lawfull for Surveyors to turn a watercourse hurtfull to the high-way into any mans ditch or to take rubbish ready digged in or neere any mans Quary and for default of gravell c. elsewhere to dig in any severall ground so they forbeare to dig in houses orchards gardens and meadowes or to make a pit above ten yards broad But if they fill not the place again with earth at he costs of the parish within one moneth after it shal be so digged they forfeit five marks to the owner of the ground to be recovered by Action of debt X. The hedges and ditches adjoyning to the high-way shall be kept low and scowred and the trees and bushes growing in the high way cut downe by the owners of the grounds which shall be inclosed by the said hedges and Ditches XI Instead of the foure dayes appointed by the Stat. of 2.3 P. M. 8. six dayes shall hereafter be observed XII The Surveyors or one of them shall present every default within one month after it shall be made to the next I. of P. in pain of xl s. and the said I. of P. shall certifie the same presentment at the next general Sess in pain of 5. l. where the Justices shall have power to enquite of the default And shall set such fyne upon the delinquent as they or two of them 1. Qu. shall think fit XIII Here the presentment of a Just of P. in Sess upon his owne knowledge shall be a good conviction whereupon the Justices in Sessions or any two of them 1. Qu. may assesse a fyne as well as upon a verdict of 12 men Howbeit the Delinquent shall here be admitted to his traverse as in other Cases XIV The Fines assessed in Sess shall be estreated by the Clerk of the Peace levied accompted and imployed as by the Stat. 2. 3. P. M. 8. is provided XV. Stat. 18. El. 10. A subsidy man according to 5. l. in goods or xl s. in Lands not chargeable towards the high-ways by the Stat. of 2.3 P. M. 8. or 5. El. 13. shall find two able men to labour in the wayes as by the said statute is appoined XVI Every person having a Ploughland lying in severall parishes shall be chargeable with a Teame or draught in that parish only where he dwels Howbeit having intire Ploughlands in severall parishes he shall for every one of them find a Teame in the severall parishes where they lye although he be not inhabitant there XVII Every person not scowring his ditches or not keeping low his hedges trees and bushes according to the Stat. of 5. El. 13. shall forfeit for every such default x.s. and for not scowring his ditches in the ground next adjoyning the highwayes to the end the water may have passage the better shall for feit 12. d. for every pole so left unscowred XVIII None shall cast the scowring of his ditch into the highway and suffer it to lie there six moneths in paine to forfeit 12. d. for every load and it shall be lawfull for the Surveyers to make sluces where any such Bankes have been heretofore cast up XIX The penalties forfeited upon this stat shall be levied by the Surveyors for the time being by distresse and sale of goods and shall be imployed towards the Amendment of the High-wayes but if the Surveyors neglect to doe it within one yeare after the offence commirted the Const and Churchw shall do it according to the provisions of the before recited Statutes XX. I. of Ass Oy and Term. Just of P. in Sess and Stewards of Leets have power to heare and determine the said offences XXI Certaine provisions for the repaire of Kings Ferry in the I le of Shippey and of the wayes leading thereunto XXII Stat. 39. El. 19. An Ordinance for the Repaire of the high wayes in the Welds of Sussex c. used for Iron workes wherein Just of P. have power to meddle See the Statute at large S. Bridges Holy-dayes I. Stat. 1. Car. 1. All concourse of people out of their own parishes for any pastimes whatsoever as also bearbaytings bull-baytings Enterludes Cōmon playes all other unlawfull pastimes are prohibitedon the Lords day II. The offender against this law being thereof convicted by the view of one Just of P. in the Country or of a chiefe officer in a Corporation or by his own confession or by the oath of one witnesse before one such Just or officer shall forfeit 3. s. 4. d. to the use of the poore where the offence is committed to be levied by distresse and sale of goods upon warrant from the same Just or officer by the Const or Churchw of the same parish and in case no distresse can be had the offender shall sit in the stocks three howres but this offence ought to be prosecuted within one moneth after it shall be committed And if the officer be
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
said Just are not to intermeddle in Corporations for the execution of this Law XI When one parish extends into severall Counties or Liberties the Justices or head Officers shall onely intermeddle within their respective limits but the Churchwardens and Overseers shall have mixt Jurisdiction and shall render accompt as aforesaid to the Justices or head Officers of both places XII If it happen no Overseers to be appointed according to this Statute every Just of P. or head Officer of that Division or Corporation shall forfeit 5. l. to be levied by a Sessions warrant and imployed to the use of the poore of the Parish where such default is made XIII The forfeitures of this Statute shal be imployed to the use of the poore as aforesaid and shall bee levied by distresse and commitment as is above remembred in the fifth clause XIV Justices of P. of every County and Corporation or the more part of them at their Easter Sessions shall yearely or as often as they shall thinke fit rate every Parish at a certaine summe to be paid weekly but so as no parish may pay more then six pence nor lesse then a halfe penny and one Parish being considered with another not above two pence a piece through the whole County or Corporation which summes so rated the Church-wardens and Constab of every Parish or any of them or in their default a Just of P. have power to assesse and levie by distresse sale and commitment as aforesaid XV. Justices of P. shall then likewise rate every parish towards the reliefe of the Kings Bench and Marshalsie and also of Hospitals and Almes-houses situate within their severall Jurisdictions appointing onely so much to the said Hospitals and Almes-houses that the Kings Bench and Marshalsie may each of them receive at least 20. s. yearely out of every County And the summes thus to be assessed upon every Parish the Churchwardens there shall collect and pay over quarterly to the high Constable of that respective Division ten dayes before every quarter Sessions and the high Constable shall every quarter Sess pay the same over to the two Treasurers of the County or one of them to be yearely chosen by the more part of the Justices of P. and such Subsidie-men as were taxed in the last rate of Subsidies at 5. l. lands or 10. l. goods which Treasurers so chosen shall yearely at Easter Sessions render a true accompt to their successors and pay the moneys in their hands to the L. Chiefe Justice of the Kings Bench and the Knight Marshall by equall portions And here the Churchwarden or his Executors c. which failes in payment to the high Const shall forfeit 10. s. and the high Const or his Executors c. which failes in payment to the Treasurers shall forfeit 20. s. to be levied and imployed by the said Treasurers as aforesaid XVI The stock of every County shall be ordered and disposed to charitable uses as the Justices or the more part of them shall think convenient XVII The Treasurer that refuseth to execute his office to distribute reliefe or to accompt as the more part of the Justices shall direct shall be fined by the same Justices or in their default by the Judges of Assise three pounds at least which fine shall be levied by sale of goods upon the prosecution of any two Justices authorized by the rest XVIII A provision for the Island of Fowlenesse in Essex XIX Upon an Action brought for the due execution of this Act the defendant may plead the generall Issue and yet give speciall matter in evidence and shall also recover treble damages and his costs of suit XX. Stat. 1. Jac. 25. All persons to whom the Overseers of the poore shall according to the Statute of 43. El. 2. bind any children Apprentices may take receive and keep them as Apprentices Stat. 21. Jac. 28. XXI Stat. 3. Car. 4. All persons to whom the Overseers of the poore shall according to the Stat. of 43. El. 2. binde any children Apprentices may take receive and keep them as Apprentices XXII The Churchwardens and Overseers of the poore mentioned in the Statute of 43. El. 2. may with the consent of two or more Just of P. 1. Qu. within their respective limits wherein there shall be more Just of P. then one and where no more shall be then one with the assent of that one Justice set up use and occupie any Trade Mystery or Occupation onely for the setting on worke and better reliefe of the poore of the parish or place where they so beare office respectively Poulters S. Victuall 2. 10. Powdike in Norfolke S. Felony 13. Poysoning S. Murder Presentments S. Indictments Priests S. Recusants Prisons Prisoners Gaoles Gaolers I. Stat. 4. E. 3.10 Sheriffes and Gaolers shall receive offenders without any thing taking in paine to be punished by the Justices of Gaole-delivery II. Stat. 14. E. 3.10 Gaoles which were wont to be in the Sheriffs custodie shall be againe rejoyned to their Baliwicks See Stat. 13. R. 2.15 19. H. 7.10 III. The Gaoler which by dures compels a prisoner to become an Approver shall have judgement of life and member IV. Stat. 5. H. 4.10 Justices of P. shall imprison none but in the common Gaole V. Stat. 14. El. 5. Just of P. in Sess or the more part of them have power to tax every parish in the County but not above 6. d. or 8. d. a piece towards the reliefe of prisoners which tax the Church-wardens of every Parish shall levie every Sunday and pay it in quarterly to the high Constable or in a Corporation to the head Officer and the high Const or head Officer shall pay the same at every Qu. Sess to the Collectors thereof to be appointed by the said Justices who shall distribute it weekly to the said prisoners VI. The Church-wardens high Constables head Officers or Collectors aforesaid which herein shall be found negligent shall forfeit 5. l. to be divided betwixt the Queene and the prisoners VII Justices of P. within the County shall not intermeddle within a Corporation for the execution of this Act but onely the Maior or head Officers of the same VIII Stat. 3. Jac. 10. An offender which is to be conveyed to the Gaole shall beare all charges both of himselfe and of those which guard him IX If he refuse so to do upon warrant from a Just of P. the Constable of the township where he hath any goods being within the same County may sell so much thereof as in the discretion of the said Justice shall be thought sufficient to satisfie the said charges the appraisement thereof to be made by the neighbours there and the overplus to be rendred to the said offender X. If the offender hath no goods to satisfie the charges the Constables Church-wardâ—ns and two or three other honest Inhabitants or in case there be no such Officers there foure of the principall Inhabitants of the Parish where he was taken shall make
said Stat. of 23. El. or death no forfeiture shall insue save onely the arrerages due at the time of such submission or death XLIX The Lord Treasurer Chancellor and chiefe Baron or any two of them shall assigne a third part of the forfeitures of 20. l. a month for the reliefe and maintenance of the poore houses of Correction and maymed souldiers L. This Act shall not extend to Grants Bona side nor to continue any seisure after the death of the offender in such lands wherein he had only an estate for life or in the right of his wife LI Stat 33. El. 1. If any above sixteen yeeres of age shall be convicted to have without any just cause absented themselves above a month from Church impugne the Queenes authority in causes Ecclesiasticall or frequented Conventicles or perswaded others so to do under pretence of exercise of Religion they shall be committed to prison and there remaine till they shall conforme themselves and make such open submission as hereafter shall be prescribed And it within three months after such conviction they refuse to conforme and submit themselves being thereunto required by a Just of P. they shall in open Ass or Sess abjure the Realme and if such abjuration happen to be before Just of P. in Sess they shall make certificate thereof at the next Ass or Gaole delivery LII If such an offender refuse to abjure or go away accordingly or do returne without the Queens licence he shall be adjudged a felon and shall not enjoy the benefit of Clergy but if before he be required to abjure he make his submission the penalties aforesaid shall not be inflicted upon him LIII The forme of the submission is as followeth 1 A. B. do humbly confesse and acknowledge that I have grievously offended God in contemning ber Majesties godly and lawfull Government and authority by absenting my selfe from Church and from hearing Divine Service contrary to the godly Statuies and Lawes of this Realme and in using and frequenting disordred and unlawfull Conventicles and Assemblies under pretence of exercise of Religion And I am heartily sorry for the same and do acknowledge and testifie in my conscience that no other person hath or ought to have any power or authority over her Majesty And I do promise and protest without any dissimulation or any clour or meanes of any dispensation that from henceforth I will from time to time obey and performe her Majesties Laws and Statutes in repairing to the Church and hearing Divine Service and do my uttermost endeavour to maintaine and defend the same LIV. The Minister of the Parish where the submission is made shall presently enter the same in a Book and within ten dayes after certifie it to the Bishop of the Diocesse LV. The offender that after such submission falleth into a relapse shall take no benefit thereby LVI The forfeitures of this Act and of 23. El. 1. may be recovered by Action of debt LVII The third part of the penalties which accrue by this Act shall be bestowed as those of 29. El. 6. LVIII A Feme Covert shall not be compelled to abjure but any other offender that abjures or being required refuseth so to do shall forfeit all his goods and his lands during life howbeit here shall be no corruption of blood losse of Dower or disherison of heire LVIX Stat. 35. El. 2. Recusants above sixteen yeares of age shall within forty dayes after their conviction repaire to their usuall dwelling and not remove above five miles from thence in paine to forfeit all their goods and their lands and annuities during life And if they have no certain abode then are they to repaire to the place where they were borne or where their father or mother dwels and within twenty dayes after their arrivall there to give their names in writing to the Minister Const and H. B. which Minister is to enter them in a Book to be kept for that purpose and he together with the said Const and Head Boroughs is to certifie the same to the next Qu. Sess where the Just of Peace shall cause them to be enrolled LX. A Copyholder also shall in this case forfeit his estate during life if his estate continue so long to the Lord of the Mannor if he be no Recusant convict nor seised or possessed in trust to the use of a Recusant for then the Queene shall have the forfeiture LXI A Popish Recusant being no Feme Covert nor having lands worth 20. Marks per annum or goods worth 40. l. which within the time above limited doth not repaire to the place of his abode or doth depart above five miles thence or within three months after his arrivall there doth not make the submission hereafter following being required so to do by the Bishop a Just of P. or the Minister there shall before two Justices of the Peace or the Coroner abjure the Kingdome which abjuration shall be by the said Justices or Coroner certified in at the next Assises or G. D. LXII If such Popish Recusant depart not the Realme within the time limited by the said Justices or Coroner or returne without the Queens licence he shall be adjudged a felon without Clergy LXIII A Jesuit or Priest refusing to answer shall be committed to prison and there remaine till he will answer the questions whereupon he was before examined LXIV This Act shall not restraine a Recusant urged by Processe or summons without fraud to travell without the abovesaid limits so he returne againe in convenient time neither him that is compelled to render his body to the Sheriffe LXV If such an offender before conviction upon a Sunday or some Festivall day repaire to Church and there heare Divine Service and before the Gospell make the confession following he shall be discharged of the penalties inflected by this Act. LXVI The confession is this 1. A. B. do humbly confesse and acknowledge that I have grievously offended God in contemning her Majesiies godly and lawfull government and Authority by absenting my selfe from Church and from hearing Divine Service contrary to the godly Laws and Statutes of this Realme and I am heartily sorry for the same and do acknowledge and testifie in my conscience that the Bishop and See of Rome hath not nor ought to have any power or authority over her Majesty or within any of her Majesties Realmes or Dominions And I do promise and protest without any dissimulation or any colour or meanes of any Dispensation that from henceforth I will from time to time obey and performe her Majesties Laws and Statutes in repairing to the Church and hearing Divine Service and do my uttermost endeavour to maintains and defend the same LXVII The Minister of the Parish where such submission is made shall presently enter the same in a book and within ten dayes after certofie it to the Bishop of the Diocesse LXVIII The offender that after such submission falleth into a relapse shall take no benefit thereby
he may plead the Generall Issue and yet give speciall matter in evidence CIV This Act shall not abridge the Jurisdiction of Ecclesiasticall Censures CV None shall be punished for his wives offence neither shall any married woman be chargeable with any penalty or forfeiture by force of this Act. CVI. Six of the Privy Councell whereof the Lord Chancellor Lord Treasurer or Principall Secretary shall be one have power to minister the Oaths abovesaid to Noblemen being 18. yeares old and to Noblewomen also of like age and unmarried who shall take the same Oaths accordingly in paine to incurre a Praemunire Vide infra 128. CVII The Warden of the Cinque Ports or some authorized by him shall take the bond and minister the Oath aforesaid where any person passeth beyond Sea out of them of any of their members CVIII Stat 3. Jac. 5. The person that within three dayes notice shall discover to a Just of P. any that entertaines a Popish Priest or any which have heard or said Masse shall have a thrid part of the forfeiture due for the same offences if the whole exceed not 150. l. and then onely 50. l. thereof to be delivered unto him by the Sheriffe or other Officer which shall have power to levie the same CIX No convicted Recusant shall come into the Court without command from the King or warrant from the Privy Councell under their hands in paine of 100. l. to be divided betwixt the King and the Discoverer CX A Popish Recusant convicted or indicted or any person not coming to Church by the space of 3. months together which remains in London or within ten miles distance thereof shall within ten dayes after such conviction or Indictment depart from thence and also shall deliver their names in London to the Lord Maior there and in the Country to the next Just of P. in pain of 100. l. to be divided betwixt the King and the prosecutor Howbeit this clause shall not extend to Tradesmen or such as have no other habitation then in London or within ten miles distance as aforesaid CXI It shall be lawfull for a Recusant to go about his necessary occasions as farre as a license obtained from the King or from three of the Privy Councell under their hands or foure of the next Justices of Peace under their hands and seales with the assent in writing of the Bishop Lieutenant or any deputy Lieutenant of the same County shall give him leave notwithstanding the Statute of 35. El. 2. which lecence shall not be granted by the said Justices till the party hath made oath of the true reason of his journey and that he will make no causelesse stayes CXII No convicted Recusant shall practise the Common Law Civill Law Physick or Art of Apothecary or be an Officer of or in any Court or beare any Office amongst souldiers or in a Ship Castle or Fortresse in paine of 100. l. to be divided betwixt the King and the prosecutor 130. CXIII No Popish Recusant convict or whose wife is a Recusant convict shall exercise any publique Office in the Common-wealth by himselfe or his deputy unlesse he bring up his children in the true Religion together with his children servants repaire to the Church and receive the Sacrament at such times as by the Law are limited 130. CXIV A married woman being a Popish Recusant convict her husband being none that doth not conforme her selfe as aforesaid by the space of one whole yeare before her husbands death shall forfeit two third parts of her Dower or Joynture and shall be incapable of being Executrix or Administratrix to her husband and of enjoying any part of her husbands goods CXV A Popish Recusant after conviction shall be reputed to all intents as a person excommunicate untill he shall conforme go to Church receive the Sacrament and take the Oath of obedience ordained by 3. Jac. 4. Howbeit he may sue for his interest in lands not seised into the Kings hands CXVI A Popish Recusant convict which is married otherwise then in open Church and by a lawfull Minister according to the Orders of the Church of England shall not be tenant by the Counrtesie And a woman in this case shall be disabled to enjoy her Dower Joynture Widowes estate or any of her husbands goods And where the man cannot be tenant by the Courtesie he shall forfeit 100. l. to be divided betwixt the King and the prosecutor CXVII Every Popish Recusant shall within one moneth after the birth of his child cause it to be baptized by a lawfull Minister in pain to forfeit 100. l. if he out-live the moneth if not then his wife is to pay the same forfeiture which shall be divided into there parts whereof the King shall have one the prosecutor another and the poor of the parish the third CXVIII Every Popish Recusant shall be buried in the Church of Church-yard and according to the Ecclesiasticall lawes of this Realm in pain that his executor or administrator or the party that caused him to be otherwise buried shall forfeit 20. l. to be divided into three parts and disposed as aforesaid CXIX A child being no Souldier Mariner Merchant or Apprentice or Factor to a Merchant shall not be sent or go beyond sea without the licence of the King or of six of the privie Councell whereof the principall Secretary shall be one in pain to be thereby incapable to enjoy any lands or goods by descent or grant untill being eighteen yeers of age or above he take the said oath of Obedience before some Justice of Peace of the County where his parents doe or did dwell And in the mean time the next of his kin being no Popish Recusant shall enjoy the lands and goods but shall be accountable to the other in case he after conform himself as aforesaid And he that so goes out of the kingdome without licence shall forfeit 100. l. to be divided and imployed as aforesaid CXX A Popish Recusant convict shall be disabled to present to a Benefice or to grant any avoydance of a Benefice but in stead of him the Chancellor and Scholers of the Universities of Oxford or Combridge shall present within severall Counties respectively for which see the Statute at large Howbeit they shall not conferre it upon a man already Beneficed CXXI A Popish Recusant shall not be an Executor Administrator or Guardian but the next of the kin being no Recusant and unto whom the land cannot lawfully descend shall have the wardship and tuition of an heir or orphan in that case CXXII A grant of the Kings Ward to a Popish Recusant convict shall be void CXXIII None shall bring from beyond sea print sell or buy any Popish Primers Ladies Psalters Manuals Rosaries Popish Catechismes Missals Breviaries Portals Legends or lives of saints in what language soever they shall be printed or written nor any other superstitious books printed or written in the English tongue in pain to forfeit xl s. for every
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