the same punishment as murderers convicted do or at least should do He that will forswear himself as too many now a days make no bones of it oftentimes doth and upon any spleen malice or revenge will take away the estate and life of any one Did not T. S. at Oke-ingham swear against F. W. at Abingdon that he had stollen six cocks of Hay from him worth six shillings and brough his Son and another to do the same when there was not a Hay-cock in the Ground but the said F. W. was deputed lawfully to gather Tythes which the other very wel knew and did take but two or three little Grass cocks valued at three pence which was his right yet the other endeavoured to hang him for it if his Perjury had not appeared too manifestly as well as it hath done since as I shall shortly in another intended Subject fully demonstrate and anatomize the practice in the Court of Oke-ingham besides But I 'll forbear them now because the scope of this is something else to which I 'll proceed Forestallers Regradors and Ingrossers If any Person shall buy or contract for any Merchandize Victuals or any other thing whatsoever in the way by Land or Water before it be brought unto any City Fair or Market where it ought to be sold or shall cause the same to be so brought or shall disswade the people from bringing any such commodity to any such place or being brought shall perswade them to inhance the price thereof shall be adjudged a forestaller Stat. 5. Ed. 6. 14. A Regrador is he that buys any Grain Wine Fish Butter Cheese Candles Tallow Sheep Lambs Calves Swine Pigs Geese Capons Hens Chickens Pidgeons Conies or other dead Victual whatsoever brought to a Fair or Market to be sold there and to sel the same again in the same Fair or Market or in some other Fair or Market within four miles An Ingrosser is he that gets into his hands by buying contract or promise other then by device or Grant any Corn growing in the Fields or other Grain Butter Cheese Fish or o her dead Victuals whatsoever with intent to sell it again The Offendor in any of these Cases shall forfeit for the first offence the value of the goods so bought and two months imprisonment without Bayl for the second offence the double value and six months imprisonment without Bayl and for the third shall forfeit all his goods be set on the Pillory and be imprisoned at the Kings pleasure He that buyeth Grain in any Market for change of Seed shall bring as much hither the same day and sell it according to the present price of Grain on pain to forfeit double the value of the Grain so bought He that buyes any Cattel and sells the same alive within five weeks shall forfeit the double value therof during which time he ought to keep them upon Pasture either had by grant or prescription These Offences shal be divided between the King and the prosecutor Wine without License No person whatsoever not lawfully authorized by License shall sell or utter any Wine by retail to be spent in his or their mansion-house or in any other place in their tenure by any colour craft or engine on pain of 10 l. to be divided between the King and the Prosecutor which suit shall be comenced within a year after the offence committed Stat 7. E. 6. 5 Understand no colour craft nor engine shall evade the penalty of this Statute it is not the pretence of the keeping a free Vintner as they call it nor taking their Wine of a Vintner or other such pretences may serve their turn Of importing Silk or Ribbands c. None shall bring or cause to be brought into England any Silk wrought by it self or other stuff out of England in Riband Laces Girdles Corses Cawls Tissues or points on pain to forfeit the same or the value thereof to be divided between the King and any one that shall seize or sue for the same Stat. 19. H. 7. 21. A general complaint is now made by most nay all Tradesmen that work in Silk of the great damage to the English Manufacture in Silk by reason of the Ribands and wrought Silk brough into this Nation by the French and Dutch and those Forrain Nations to the great hindrance and decay of our English Trade for prevention of which I have the rather quoted this Statute to discover a remedy for my grieved Country-men in this behalf by which they may wright themselves if they look after it Wood. There are such wastes and devastations of Wood and Timber and the growth thereof in this Nation as predicates a sad event and inevitable calamity ensuing if it be not timely prevented though I am half afraid it is too late already but hope better and do hereby invite all lovers of their countries good effectually to put in practice all such Laws and Statutes as are ordained for the preservation of Wood and Timber as here they follow Statute 35 H. 8 17. There shall be left unfelled in every acre of Copice or Under wood which shall be felled at twenty four yeers growths or under twelve Standils of Oak or if there be not so many Oaks the number shall be made up of Elm Ash Asp or Beech which Standils shall not be felled until they bear ten inches square within thre foot of the ground on pain that the owner of the Wood shall forfeit for every Standil nor so left 3 s. 4 d and for every Standil left and afterwards cut down before he come to that bigness as aforesaid 3 s. 4 d. the forfeitures to be divided between the King and the Prosecutor None shall convert into tillage or pasture any Underwood or Copice containing two acres or above and being two furlongs distant from the house of the Owner thereof or from the house whereunto such wood doth belong on pain to forfeit 40 s for every acre so converted it were well if this were carefully looked after But the owner of any such Copice or Under wood may fell Standils for his own use for building or repairing c. notwithstanding this Act. The Lord of the Soyl shal not fell or cut down any Wood or Copice wherein others have Common except it be to his own use before he and the Commoners shall agree in the setting out a fourth part thereof to be imployed to the use of the Lord and in case they cannot agree thereupon two Justices of Peace appointed by the Sessions shall have power to call before them twelve of the Commoners and Inhabitants and with the consent of the Lord and them shall set out a fourth part thereof to be inclosed by the Lord within one month after and then to be felled at his pleasure being subject to the same Laws and penalties upon breach thereof as other Copices before mentioned are and if any Beast be suffered to come into such fourth part within seven yeers after it
If any persons to the number of twelve or above shall make any unlawfull assembly to break any Banks Inclosures Parks Barns Houses and such like and Proclamations be made by the Sheriff or Justice of Peace that they depart and yet if they remain together an hour after such Proclamation is made every such attempt is Felony Also every Copy-holder being a Yeoman Husbandman or Labourer of the age of 18 years and under â—o not sick not having a reasonable excuse and being required by the Justice Sheriff c. to apprehend such riotous persons as aforesaid and refuse shall forefeit his estate during life and his Lord may enter Also the Farmer being a Yeoman and refusing forfeits to his Landlord and he may enter Also it is Felony if any person without compulsion bring send or diliver any Money Ammunition or Victuals to any person assembled in such manner Also the Justice of Peace or other Officer may raise a power to suppress them And if any Officer kill any such Riotous or rebellious persons he shall go free And if any person know of any such pretended rebellion do not openly declare the same within twenty hours next after such knowledge he shall be imprisoned three months without Bayl or Mainprize and also he that hindereth Proclamation that it cannot be made commits Felony If any shall trace in the Snow kill or destroy any Hare or Leveret with dogs or otherwise he shall forfeit 6 s. 8 d. 13 H. 8. cap. 11. If any Jury sworn and charged to enquire concerning these offences do wilfully conceal the same then the Steward hath authority to impannel and charge another Jury to enquire of such concealment And if such concealment be found and presented by the said Jury then every one of the first Jury shal forfeit for every concealment of every offence 20 s. one moyety thereof to the Lord of the Leet the other moyety to any one that wil sue for the same by Action of debt Bill Plaint Suit or Information wherein no wager of Law Essoyn or Protection is to be allowed Provided the Suit be commenced within six months otherwise the offender to be discharged thereof 33 H. 6. 16. Stewards in Leets have power to enquire concerning the erecting of Cottages and maintaining of Inmates and to punish by Distress all offences comitted against the Statute touching Inmates and Cottages 31 Eliz cap. 7. Stewards in Leets have also power to enquire hear and determine all offences touching the making of Malt. 2 Ed. 6.16 Ed. 2.35 Eliz. 7 Stewards in Court-Leets shall enquire of hear and determine al offences committed within their Liberties against the Statute for the preservation of Phesants and Partridges 2â— Eliz. 6.23 Eliz 10. Neverthelesse with a salvo jure to all Corporations and Bodies Politick of all their rights and priviledges to enquire and punish any of the said offences 1 Eliz. 17. 35 Eliz. 7. Articles to be given in charge to Constables and Headboroughs at Leets and Sessions both of Cities Towns and Country Corporations most necessary for the preservation of Peace to which our present scope intends only and this Direction well followed will perfectly conduce thereunto if such a preservative for the health of men can be attained unto under Heaven Therefore I say These ensuing Articles ought specially to be enquired of returned and presented by all Constables Headboroughs Tythingmen Decimers and all sworn officers who are enjoyned by Oath to preserve the Peace in their own persons and in all others as much as in them lies then to discharge their own duties let them diligently observe and prosecute what follows viz. Inprimis They are to enquire and return al such persons as shal continue tipling or drinking in any Innes or Alehouses at any time above the space of an hour and more especially upon the Sabbath-days and such persons as they shall find drunk and also such In-keepers and Alehouse-keepers as shall entertain them 2. They are also to return the Names Sirnames Additions of Names and Qualities of all Popish Recusants as wel hous-keepers as Lodgers dwelling or residing in any of their Parishes Precincts or Liberties 3. The Names of such persons as shall profanely swear or curse with the number of their Oaths or Cursings immediately after the commi ting of such offence 4 Item Such as use victualling or selling Beer or ale without License 5. Such persons as suffer any unlawful Games in their houses backsides or Gardens and also the Names of any that shall play at any of the said Games This is a gaâ—grene and spreading leprosie in this Commonwealth a Vice abhorent to Christianity yet the mores the pitty most favoured by them that should seek to suppress it I mean in plain English the Professors of the Law insomuch that an honest cause shal never have any countenance or defence like one of these and no persons are so much vilified nay a Felon shall have more favor then a lawful Prosecutor I mean an Informer against these Caterpillers Sed tu domine usque quo But nolens volâ—ns yet I hope to see the contrary Mr. Alehouse-keeper will be the best man yet I hope to see the tide run the contrary way if men could but once learn wit enough to know That charity begins at home The Alehouse-keeper knows it very well he 'll be sure to look how the reckoning goes and wise men will keep reckoning at home and not let him keep it for them knowing that two pence a day is above fiâ—ty shillings per annum and out of two pence the Tap-merchant gets a penny Then judge what he gets by all the Flyes he catches in his Web. Certainly did people once consider this the Ale wife would have few Companions better then her self yet now she thinks the best scarce good enough for her though the Causers of it have little thanks for thâ—ir pains when she hath gotten their money it 's seldom but they have a scoff or jeer into the bargain because they should not complain of an unkind Hostess And the worst mischief of all is That men very often insnare themselves to their utter undoing by the Alehouse-keepers and his Cempurgators Evesdropping of their discourse And certainly none but fools will go to game for what is already their own nor no Christian endeavour to come by or enjoy by playing for what is anothers And because the Fort and Fountain of Gamesters is the Alehouse I made this Dâ—gression soberly to advise three sorts of men The one is in general all honest people to wish them if they be not worse then Infidels to avoid the Alehouse for under that notion I conclude the gaming house too knowing them to be inseparable companions And therefore I say again It were well if it were ordained That every Alehouskeeper should have at his door the sign of the Begger for from that spring the Alehousekeeper original comes when he first enters into his order and before he leaves
Mannor of D. to J. S. and A. D who shall be his wife for their lives they intermarry the Executor grants the Mannor accordingly This is a joynture before marriage Some Cases resolved touching forceable Entries by the Statute of 8 H. 6. c. 9. The turbulency of some troublesome Spirits oftentimes cause great mischief in this case who have the Law in their own hands and altogether be their own carvers in laying hold on violently whatsoever they imagine their own not regarding the mark or touchstone whereby it should be proved from whence arise tumults affrays riots assaults mayhems man slaughters and murder it self for prevention of which evil the Statute of 8 H. 6. hath provided remedies and given power to the Justices of Peace to suppress such mi demeanors and because the Country people are much infested with this maligne disease for whose instruction this Treatise is chiefly intended I shall here give them some Directions in this Case What is a forceable entry and what is a forceable detaining and what not If two persons or more being armed or having weapons in their hands enter the house of another to have possession thereof and thereupon the party in the house parts a far off without any further violence offered him this is a forceable entry If two men or more armed c. enter the house of another the door being open not declaring their intent and remain in quiet notwithstanding the Tenants without using violence this is not a forceable entry But if two or more enter the house of another in peaceable manner and after with fore and violence against the will of the party in possession put him out of possession this is a forceable entry If a single person break the house or window of another and enter in against his will and thereupon he threatens the party in possession insomuch that for fear he forsakes the house this is a forceable entry If a forceable entry be made into the house of another to fight with the party there dwelling and he for fear departs out of the house and his enemies also this is not a forceable entry If a man make a lease for life and after grant the reversion to the same lessee upon condition which is broken on the part of the lessee and thereupon the lessor enters with force to gain the possession of the land this is a forceable entry But if the lessor enter with force to see if waste be made by the lessee this is not a forceable entry A Lord distrain for rent with force though none be arear this is not a forceable entry If any be fighting in a house the door shut and others enter and break it to see the peace kept this not a forceable entry If two persons are fighting in the street and one wound the other so that he is in danger of death and flee into a house and shut the doors after him and others there present pursue him and break the house to take him this is not a forceable entry But if no such danger of his life be then they cannot break the house to take him although it be done upon fresh suite but if the door be open they may enter and take him If the Justices of peace upon complaint made come to the place where the force was and find the door shut and within the house there is but one sole person who will not open the door suffer the Justices to come in this is a detaining with force If the Justices come to the place where the force was and find some persons in arms or their weapons lying by them in the house this is a detainder with force If a man hath two houses neer adjoyning the one by a good title the other by a defeazible title he keeps a force in the first house to beat them who would enter into the house by a defeazâ—ble title this is a detaining of force within If a man claim common in any Land and the Land is detained with force when he would use his common or distrain for his Rent this is a detaining with force If a man hear that certain fellows will come to his house to kill beat or rob him whereupon he assembles a force to assist him in his defence this is no detaining with force If a man hath rent issuing out of the land of another which land is detained with force when he would distrain for his rent arear he who is so disturbed of this rent is no party grieved to complain by the Statute before recited If after the death of the father a stranger enters by abatement into the land and holdeth with force the son is not a party grieved If a man be seized of land upon which a forceable entry is made and die before any complaint is made thereof his heir is not a party grieved to make complaint If a man make a lease for five yeers upon condition that if within the first two yeers the lessee pay to him 10 l. that then he shall have see and livery is made accordingly there if any such forceable entry be committed within five yeers although that the condition be not performed yet the lessee is a party grieved by this Statute A man possessed of a term makes the heirs of J. S. his Executors and dies the said J. S. being also then dead leaving issue a daughter his wife pregnant with another daughter the first enters into the land after which the other is born and then such a force is committed both the daughters are parties grieved Who are bound to go with the Justices at their command to remove a force that is their penalty in case they refuse to go and of what force is the Iustices record A man attainted of Felony upon request made is bound to go with the Justices to remove a force Dukes Earls Lords Barons and every Apprentice and Servant is bound by the Statute to go with the Justices to remove a force An Alien born and not made a Denizen or a man who is not of sound memory an Infant within the age of fourteen yeers or any woman sole or covert are not compellable to go with the Justices to remove a force A man going under bayl for debt or trespass is not bound to go If hue and cry be made at one end of the Town and the Justices require them at the other end of the Town they are bound to go with the Justice to remove a foâ—ce But if they have taken a Fellon or are in pursuit of a Fellon at the time of request they are not bound to go If the Sheriff Constable or other Officer without any Warrant Process or Precept require any person to go with the Justices to remove a force they are not bound to go by this Statute neither can an Officer arrest or imprison them by this Statute for their refusal But the Justices themselves may require them being in their presence
by word only and upon their refusal imprison and fyne them If a forceable entry and detainer with force be made upon the possession of a Justice of peace he himself upon the view of it cannot remove the force But if upon a force committed they also assault the Justice himself then he may commit them to prison If one part of a house be in one County and another part in another County and when the Justices come to remove the force before they can arrest them they go into another part of the house which is in another County there they cannot remove the force by this Statute If a man enter the house of another by force and expels the owner thereof to one part or end of the said house and detain the house with force the Justices may remove this force and commit the offendor to prison If the Justices be present upon other business where a forceable entry is made when they are informed thereof before any detainder they cannot arrest them and commit them to prison by this Statute If the Justices come to remove a force and upon an arrest made the offendors escape into another County the Justices cannot arreast them nor commit them to prison by this Statute although it be upon fresh suite If the Justices come to remove a force and the offendors before any arrest make an escape for that time but in the morning they are brought back again before the same Justices to the same place by vertue of their Precept yet they cannot commit them by vertue of this Statute If the Justice come to remove a force and before that they can arrest the offenders they escape from thence upon that the Justices may well record this detainer with force by this Statute If the Sheriff is made Justice of peace and after in the same yeer that he is Sheriff he cometh to the place where the force was he cannot make a Record of this by the Statute If the Justices upon their coming to remove the force make a Record thereof and commit the offendors to prison and although it appeareth by the same Record That it was not a force upon the matter yet no remedy for the party so convicted If the Justices make a Record That they did see where indeed there is no such matter yet the parties cannot traverse it If the Justices come to remove a force and a Rescue is made to the Officers and others there present to remove them they may Record that as well as the force But if the Justices upon view of a force record a Murder Maim or Man slaughter this is no Record by this Statute If the Justices upon a force committed and complaint thereof made make enquiry thereof without going to the place it self where the force was this is also a good enquiry by this Statute But if the Justices upon view of the force make a Record thereof and their Record containeth that the force was made with twenty persons and the inquiry found it but ten persons this enquiry is not good by this Statute If several enquiries be made by several Justices upon a forceable entry every one of them is a good enquiry If the Justices in their inquiry of force present an Inquest by persons not sworn to do it the inquiry maketh mention that they were sworn yet this is a good enquiry But if the enquiry be made under the number of twelve this is not a good enquiry If any of the jurors before whom any such Inquest is taken he attained of a false Oath or in decies tantum or are Ambo-dexters this is not a good enquiry But if there be twelve persons in the jury over and above the persons attainted the inquest is good If it be found by inquest that A. B. was seized until J. D. diseised him with force by this inquiry A. B. shall have restitution If it be found that the father made a lease for years and died the years expired and before any entry made by the son a force is committed the son shall not have restitution by this Statute A man seized of Land hath issue a daughter and dieth his wife great with child of a son the daughter is ousted by force and after the Son is born and all this matter is found by inquest yet the Son shall not have restitution but the daughter shall have it If it be found by several Inquests that a man is ousted with force by several persons at sundry times of one and the same thing each Inquest is good and he may have restitution upon which of them he will but when he hath restitution upon the one then he shall not have restitution upon the other If it be found by several inquiries that is to say by one inquest That J. S. is ousted by force and by another Inquest That J. D is ousted with force and all of one and the same Land there each of them may have restitution by these enquiries If it be found that two joynt-Tenants were ousted by force the one may have restitution upon this enquiry without his companion If it be found that A. B. was seised for the Term of D. and he is ousted with force by E. and that D. is now dead yet A. B. shall have restitution by this enquiry If it be found that the Father was seized until ousted with force and died before any restitution or entry the son shall not have any restitution Likewise if a man be possessed of a lease for years and is ousted thereof with force and dieth before restitution his Executors shall not have restitution by this enquiry A lessee for life the remainder over in fee the lessee is ousted with force and all this matter found by inquisition of the force but he in the remainder shall not have restitution by this enquiry The husband and wife before issue had are ousted with force and then have issue the wife dieth the husband by inquiry shall have restitution If a Lesse for life be ousted with force and the lessor entereth for condition broken and this is found by Inquest yet the lessee shal have restitution by this enquiry The Justices of Peace before inquiry be taken may put the party in possession again without any Writ but noe other Justices can do it without Writ The Justices of the same County the record being before them may award exemption by Writ although they be not the same Justices before whom the inquest was taken but not without the same Record If the Justices who took the inquest be dead before restitution be made yet the Justices having the record may award execution of the same the Judges of the Upper-Bench having the Record removed before them may award Execution by this Statute by Writ but not otherwife If a Tenant of Land payes any rent to a stranger by compulsion of distress taken with force this is a disseisin with force But if a man be disseissed of any