of Peace twice in the year and give account upon oath of writing under the hand of the minister what rogues have been apprehended and how many punished 7 Iac c. 4. Constables not safely conveying to the house of Correction such as by the Justices of Peace at their meeting for the execution of the Statute 7 Iac. c. 4. shall be sent thither â—o pay such fine under forty shillings as by most of the Justices shall be assessed 7 Iac. c. 4. A woman having a bastard which may be chargeable to the Parish for the first offence to be sent to the house of correction one year for the second offence to be sent to the house of correction and to remain there as aforesaid till she finde sureties for the good behaviour and not to offend so again 7 Iac. c. 4. Any able to work and threatning to run away and leave their families upon the Parish upon oath of two witnesses before two Justices of the said division to put in sureties for discharge of the Parish or to be sent to the house of correction 7 Iac. c. 4. Master of the house of correction quarterly at the Sessions must yield account of such as have been committed or is to be fined by most of the Justices 7 Iac. c. 4. If any committed become troublesome to the countrey by going abroad or escape without lawful delivery the Master is to be fined by most of the Justices at the Q. Sessions 7 Iac. c. 4. All penalties not limited by the statute 4 Iac. 4. shall be paid to the Treasurer and accounted by him 7 Iac. c. 4. Vide plus Poor people Hunting One Justice of Peace upon information of any unlawful hunting of Deer or Conies by night or with painted faces or other disguising in forrest park or warren may make warrant to the Sheriff Constable Bailiff or other officer to take the party suspected and to bring him before him or some other Justice to examine him thereof and if he conceal the hunting or any offender with him therein the concealment is felony in the concealer but the truth confessed is but fineable at the next Quarter Sessions 1 H. 7 c. 7. Lam. 191. Dal. 180. To disobey such a warrant or make rescous thereupon so that execution of that warrant be not had is felony 1 H. 7. c. 7. Dal. 75. The Justice of Peace that taketh examination of the offender for unlawful hunting in parks c. may after the examination bind the offender to his good behaviour to the end he be forth-coming till the offence and the offender be lawfully examin'd Da. 75. 76. Unlawfully hunting by three or more will prove a riot Dal. 76. Any by night or day wrongfully entring into any inclosed ground kept for keeping of Deer or Conies and there chasing or killing of them upon conviction to be imprisoned three months without bail and there to continue till he pay treble damages and costs to be assessed by the Justices before whom he is convicted or pay to the party grieved ten pound for Deer at the election of the party grieved 7 Iac. c. 13. and find sureties for his good behaviour for seven years 3 Iac. c. 13. 7 Iac. c. 13. Lam. 449. The party grieved or the Justices of Peace upon satisfaction of the party grieved and confession of his offence and that he is sorry for the same in open Sessions may release the offender of his bond for the good behaviour 3 Iac. c. 13. The statute 3 Iac. c. 13. doth not punish offenders in parks or inclosed grounds made after the statute without the Kings licence 3 Iac. c. 13. Enquiring hearing and determining of offences against the Statute 3 Iac. c. 13. may be made by the Justice of Peace and Goal-delivery at the Sessions and they may award process upon indictments informations bills of complaint or other actions wherein no essoin c. 3 Iac. c. 13. Any not having lands of inheritance in his own or wives right of the clear yearly value of 10 li. or for term of life of 30 li. per annum or goods to his own use worth 200 li. keeping Greyhound to course Deer or Hare except the son of a Knight or Baron of Parliament or son and heir of an esquire upon conviction by confession or oath of two witnesses before two Justices of Peace where the offence is committed the party apprehended to be imprisoned three months without bail except he presently pay to the Churchwardens where the offence was committed or party apprehended 40. shill to the use of the poor of the said Parish 1 Iac. c. 27. Any having lands in fee-simple or fee tail of 100 li. per annum finding any not having lands of 40 li. per annum nor worth 200 li. in goods to use any gun bow dogs or engines for killing of deer or hare except parker or warrener or owners of either of them or other grounds inclosed for deer or conies that shall be yearly worth 40 shill may take any their guns bows engines and dogs and keep them to his own use 3 Jac. c. 13. Lay person not having in lands 40 s. per annum spiritual person a benifice not 10 li. per annum keeping dogs to hunt or using ferrets c. shall be imprisoned for a year 13 R. 2. c. 13. Vide Parks Hundred Hundred with the liberties therein to be equally taxed by two Justices of Peace one to be of the Quorum in or neer the hundred for relief of those that are robbed 27 Eliz. c. 13. Dal. 132 299. The robbed shall not have his action upon the statute of 27 Eliz. c. 13. except he first with all speed convenient give notice of the robbery to some inhabitant neer the place where he was robbed 2. Commence his suit with in a year next after such robbery committed 3. He being examined upon his oath within 20 daies next before such actions brought by one Justice where the robbery was committed dwelling neer to the hundred if he knew the robbers or any of them If he knew any of the robbers before such action he shall be bound before the said Justice to prosecute the offenders effectually by indictment or otherwise by course of law Dal. 131. The hundred must answer the loss if the robbers be not taken within 40 daies Dal. 131 299. Cro. 179. a. Vide Robbery A man is slain in the day time out of a town and the murderer doth escape the hundred shall be charged there with 299 Jury of one hundred may present an offence done in another hundred Lam. 399. Robbery in a house doth not charge the hundred though it be in the day-time Dal. 133. Robbery in the night doth not charge the hundred yet if it be by day-light though before sun-rising or after sun-setting the hundred shall answer it Dal. 133 Coke l. 7. fol. 6. If upon pursuit the offenders or any of them be taken the hundred shall not be charged Dal. 133. If the
conviction and punishment take bond with sureties â—hat for two years after they shall not offend against the said Statute Dal. 87. Lam. 200. â—23 El. cap. 10. By 1 Iac. cap. 27. 1. He that shall shoot at â—ill or destroy with any gun cross-bow â—one-bow or long-bow any partridge pheâ—nt house-dove pigeon heron mallard â—uck teal wigeon growse heath-cock â—ore-game or any such fowl or hare 2. Or â—hall take kill or destroy any partridge pheâ—nt house dove or pigeon with setting-â—ogges and nets or with any manner of nets â—ares engines or instruments 3. Or shall â—ake or willingly destroy the eggs of any â—hesant partridge or swan 4. Or shall â—race or course any hare in the snow or shall â—ake or destroy any hare with cords or such â—nstruments 5. Or shall keep any greyâ—ound for deer or hare or setting dogges or â—eâ—s to take Phesants or partridges not haâ—ing lands of inheritance of 10 pound or 30 â—ound per annum for life or in goods 200 â—ound or be the son of a Knight or son â—nd heir apparent of an Esquire any of the â—â—id offences being proved by the parties conâ—ession or oath of two witnesses before any â—wo Justices of Peace of the County where â—he offence shall be committed or the party apprehended shall be imprisonmed for three moneths without bail unless he forth with upon his conviction pay to the use of thâ— poor there 20 shill for every hare fowl aâ—â— egge and 40 shill for having every such greyhound setting-dogge or nets or after thrâ—â— months imprisonment be bound with â—â— sureties not to offend in any the said particâ—lars which recognizances taken by two Justices of the Peace must be returned at the Quarter Sessions 1 Iac. c. 27. Dal. 89. Lam. 33â— By 7 Iac. c. 11. proof of one witness is suffâ—cient for the taking of partridges and phesanâ— with setting-dogges and nets or other neâ—â— snares or engines c. the punishment as â— Iac 27. Lam. 334. Killer of partridges or phesants with hawâ—â— or dogs by colour of hawking between thâ— first of July and the last of August upon conviction within six months after the offencâ— by the confession of the party or oath of two witnesses before two Justices of Peace is to be imprisoned one month without bail unleâ—â— he pay presently to the Church-wardens anâ— Overseers of the poor where he offended oâ— was taken 40 shill for hawking and twenty shill for every partridge or phesant taken 7 Iac cap. 11. Lamb. 335. Dal. 88. Taking of phesants or partridges upon another mans ground by neâ—s or otherwise except unwillingly by low-bel or trammel and there to let them go again loseth 20 shill â— phesant and 10 shill a partridge 11 H. 7. c. 17. 23 El. c. 10. Lam. 447. Hawking in corn before it be cropped without consent of the owner loseth 40 shill ibid. Taker killer or destroyer by guns bows â—etting-dogs nets or other engines of any â—artridge or phesant except the owner of a Warren Lord of a Mannor or having lands of â—â—heritance in his own or his wives right of â—he clear yearly value of forty pound or for â—â—fe of eighty pound or goods worth 400 â—ound and their houshold-servants authoriâ—ed by them within their own grounds in the â—ay-time onely betwixt Michaelmas and â—hristmas upon conviction within six weeks â—fter the offence committed by confession or â—ath of two witnesses before two Justices of â—eace next the place of offence or apprehenâ—â—on to be imprisoned three months without â—â—il unless he pay immediately unto the â—hurchwardens and Overseers of the poor â— one of the said places 20 shillings and be â—and to the King by recognizance in twenty â—ound never to offend again the same to be â—â—rtified at the next general Quarter Sessions â— Jac. c. 11. Buyer or seller of hare deer partridge or â—â—esant except partridges or phesants bred â—o or brought up from beyond the seas â—â—seth for every deer 40 shill phesant 20 shill â—â—e or partridge 10 shill one moiety to the â—ormer the other to the poor of the parish â— Jac. â— 27. Constable by warrant from two Justices of â—e Peace may search the houseâ— of any not â—owed suspected to have any setting dogs â—nets for partridges and finding them may â—â—ke carry away detain kill or cut in piâ—ces â—y of them 7 Jac. c. 11. Offences against the statute of 1 Jac. c. 27. punished by it are not to be punished by any former and are to be heard and determined by Judges of Assize in their Circuit Justices of Peace at Quarter Sessions or two Justices of the Peace out of the Sessions 1 Jac. 27. Who may take partridges and phesanâ—â— in their own ground and when Vide 7 Jac. cap. 11. Peace Every private person that shall be present aâ— any affray assault or battery ought to paâ— them that fight and if he take hurt he shâ—â— have his action but if they resist him â—â— may not hurt them Lam. 131. Dal. 33. Every man may stay the affrayers till theâ— heat be cooled and then they may delivâ—â— them to the Constable to imprison them â—â— they find sureties of the Peace but they â—â— not imprison them unless the one of them â— in peril of death by some hurt for then aâ— man may carry the other to the Goal till â— be known whether the other will live or diâ— Lam. 131. Dal. 33. Br. Cro. 225. He which hath mortally hurt another flieâ— into anothers house any man that pursueâ— him with hue and cry and break open tâ— house enter and take him Dalt saith tâ— Constable may Lam. 131 132. Dal. 34. If an affray forcible entry or aâ— thing in disturbance of the peace be doâ— in the presence of a Justice of Peace â— may record it and certifie the same aâ— commit the parties presently Dal. 89. V Affray If the Justice of Peace certifie into tâ— Kings Bench that I. S. hath broken the peace upon that Certificate I. S. shall be there fined without allowing him any traverse Dal. 89. Peers vide Noble personages Pedlers vide Rogues Perjury Procuring any unlawfully to commit wilâ—l perjury in any case depending in Court â—f Record Leet Court-Baron Hundred-â—ourt or ancient demesn or hath corruptly â—borned any witness sworn to testifie in perâ—tuam rei memoriam or if any have upon such â—â—ocurement or by his own act wilfully comâ—itted such perjury the procurer shall forâ—it 40 li. and if not worth so much half a â—ars imprisonment without bail stand upon â—e pillory for one hour and be disabled for witness for ever after 5 El. c. 9. 14 El. â— p. 11. The perjured 20 li. and six months impriâ—nment and ever disabled for a witness and not worth 20 li. to have his ears nailed to â—e pillory 5 El. c. 9. 14 El. c. 11. 1 ac 25. Lam. 416. Crâ— 18. a. b. This offence be heard and determined in the Quarter â—â—ssions Lam. 609. â—xecution of the forfeiture
reward for discharging any from service lose ten times so much or 20 li. 2 E. 6. c. 2. Lamb. 482 483. Captainâ— or others having the charge of men for war keeping back part of their paâ— lose to their souldier treble so much as is noâ— paâ—d or for licencing any to depart lose ten times the gain 2 E. 6. ibid. Vide plus Travelling Castle vide Felony Cattel Buyer of live Oxen Runts Steers Kine Calves Sheep Lambs Kids and Goats if he sell them within five weeks after loseth the double 5 E. 6. c. 1â— Lam. 452 Vide Badgers Certificate Recognizance and release of the Peace both are to be certified at the next Quarter Sessions 3 H. 7. ca. 1. but no pain by the Statute to the Justice if he do not Lam. 111. Dal. 177. Cro. 139. a. nu 11. One that is bound to the Peace maketh default at the day of his appearance the Recognizance with the record of the default of his appearance must be certified into the â—xchequer Kings Bench or Chancery So if it be presented that he hath broken the Peace Lam. 589. Sheriff must certifie to the Justices at the next Sessions in dictments lawfully found and taken at his turn or law-day 1 E. 4. c. 2. the penalty is 40 pound Clark of the Crown must certifie the names of any that have been out-lawed of felony or Clarks convicted or attainted upon the letter of a Justice of Peace or lose 40 shillings 34 H. 8. c. 14. Transcript of every attainder out-lawry or conviction had before the Justices of P. must be certified into the Kings Bench by the Clark of the Peace within 40 daies after the attainder if it be in Term if not within 20 daies after the beginning of the next Term on pain of 40 shillings 34 H. 8. c. 14. Clark of the Peace must certifie to the Ordinary a transcript of the Clarks convicted or attainted 34 H. 8. cap. 14. Quaere because by 18 El. c. 6 no delivery to the Ordinary Lam. 588. Custos Rotulorum of the County where one is attainted as principal of felony upon writing of the Justices of the Gaol-delivery or Oyer Terminer of another County where one is accessary unto the other must certifie what is done with the principal 2 E. 6. c. 24. Lam. 588 589. Where the Justices are to receive indictments and no power to proceed upon them they must certifie them into the Kings Bench without Certiorari Lam. 589. Abjuration of a seditious sectary made in open Quarter Sessions must be certified at the next Assizes unto the Justice of Assize 35 El. c. 1. Lam. 590. Presentment that goods and cattles of one attainted of felony be in others hands it is to be certified in the Kings Bench or Exchequer Lam. 590. Recognizance of an Alehouse-keeper must be certified at the next Quarter Sessions after the taking or the Justice loseth five Marks 5 E. 6. c. 25. Certificates of dockets of Purveyors vide Purveyors Certificates of transcripts of Records of the Sessions into the Kings Bench vide Clarks of the Peace Certificate of Riots vide Riots Certificate of Certiorari vide Certiorari Certificate of Examinations vide Examinations Vide plus Recognizance Certiorari Certiorari is to remove indictments or other Records to be fully heard where the Justices cannot proceed or be reversed where they have proceeded erroniously Lam. 591. A Certiorari issueth out of the Chancery and the Records are removed thither and sent thâ—ther by Mittimus to any other Court Lam. 591. Certiorari to remove matters of the Crown need not contain the cause of the removing Lam. 514. Certiorari into the Chancery hath in Cancellaria into the Kings Bench nobis mittatis Dal. 416. Cro. 132. a. Certiorari may command either the Record it self or the tenour of the Record Cro. 131. b. Lam. 515. Dal. 416. Certiorari is to be directed to the Justices Lam. 515. Justices of Peace ought upon Certiorari to remove the Record though the party that brought the Certior sueth not after to have it removed Da. 416. Cro. 132. b. 133. a. La. 516. An Indictment may be removed upon a Certiorari bearing date before the Indictment was taken Dal. 417. Cro. 132. b. 164. b. 167. b. Lam. 510. A certificate of a Certiorari ought not to omit that which did authorize the Justices to make the record neither ought they to certifie more then the Certiorari warranteth them Lam. 516. If the Certiorari vary from the Record the Justices need not to certifie Cro. 132. b. Dal. 416. A Certiorari is to send up the Indictment of A. in which others are joyntly indicted the Justices need not make certificate of any but of A. only Cro. 132. a. Lam. 517. Dal. 416. A Justice may without Certiorari send into the Kings Bench a Recognizance of the Peace an Indictment found before him or a force recorded before him Dal. 416. Cro. 132. b. 133. b. but not without Certiorari if he be put out ibid. No bills of indictment riot forcible entry assault or battery found at the Quarter Sessions shall be removed by Certiorari unless it be delivered in open Quarter Sessions and the indicted bound in ten pound to the prosecutor with such sureties as the Justices shall allow to pay within one moneth after the conviction of the indicted to the prosecutor such costs and damages as the said Justices shall allow otherwise the Justices to proceed to trial 21 Jac. â— 8. Dal. 219 220. Vide plus Certificate and Justices of Peace Challenge One indicted of felony may challenge as many as he will shewing cause but without cause he may not challenge above twenty 22 H. 8. c. 14 Lamb. 554. 28 H. 8. c. 1. What shall be a good challenge of a Juror That he was an indictor of him Lam. 554. That he hath no lands to clear yearly value of 40 shill Lam. 554. In Cities and Borroughs that he hath no goods moveables worth 40 pound Lam. ibid. That he is not Probus Lâ—galis as if he be attainted of felony forgery perjury c. Lamb. ibid. Champerty Champerty is when one for hope of having part of the thing in variance moveth or causeth the suit to be moved at his own cost and for it he is to be sined 33. E. c. 1. Lam. 441. Chance-medly vide Homicide Chastisement vide Correction Church and Church-yard Maliciously to strike with a weapon in the Church or Church-yard or to draw a weapon to that end is loss of one of his ears or having no ears to be marked on his cheek with the letter â—â— 5 Ed. 6. 4. Lamb. 419. To keeâ— Fair or Market in the Church-yard 〈…〉 c. 6. 〈…〉 Conviction of any upon the statute 5 Ed. 6. c. 4. may be by the Justices of Peace at their Quarter Sessions by verdict testimony of two or by confession 5 Ed. 6. c. 4. Execution of the forfeiture upon the stat of striking in Church-yards to be awarded by the
Champerty also maintenance conspiracieâ— confederacies giving of liveries other theâ— to menial servants and officers be containeâ— under the word Conventicles Lam. ibid. Conies vide Hunting Corn. Certificate of one Justice of Peace joyneâ— with the Customer of the place of unladinâ— and selling of corn grain or cattel carried bâ— water from one place to another of thâ— Realm unto the Customer and Controller oâ— the place where the same was imbarked iâ— sufficient upon the statute of forestalling 5 Eâ— 6. c. 14. 13 El. c. 25. One having sufficâ—ent corn buying seed without bringing so much as he buyeth to seâ— the same day as the Market goeth losetâ— double 5 Ed. 6. c. 14. Lam. 451. Vide plus Transportation Cutter and carriers away of corâ— Vide Hedge breakers Coroners Coroners ought to certifie their inquisitions at the general Goal-delivery and not at the Sessions 1. 2 P. M. 13. Lam. 395. Coroners being parties to the exigents and Judges of the outlawry ought to be present at the Sessions ibid. Coroners are Conservers of the Peace and may in some cases commit men to prison ib. Coroners may be convicted of offence against the statute of 1 H. 8. c. 7. by examination of witnesses and touching extortion or not executing their offices before a Justice of Peace Cro. 130. b. Lam. 434. Coroners fees vide Fees Cottages Any erecting or converting any dwelling to be used as a cottage for dwelling unless he lay four acres of his own free-hold inheritance lying near to the said cottage to be continually manured therewithall so long as that cottage shall be inhabited forfeiteth ten pounds except in a City corporate or market Town or ancient Borough or being the dwelling-house of workers in minerals coalmineâ— quarries of stone or slate makers of brick tile lime or coal not being above a mile from the works and onely used for the habitation of such workmen or for sailers or men of manual occupation for the making furnishing or victualling of ships and being within a mile of the sea at the side of some navigable river or a cottage for the keeper of forrests chase warren or park or cottage for a common herdsman or shepherd of any town or wherein any poor lame sick aged or impotent person shall dwell or hath been decreed to continue for a dwelling by the Justices of Assise or of the Peace in open Assises or Quarter Sessions 31 El. c. 7. 39 El. cap. 3. 43. El. c. 2. Lam. 476. 35 El. c. 6. for continuing the cottage 40 shill a moneth None to maintain or uphold any cottage not having four acres to it except as before ibid. Owner or occupier of a cottage must not suffer more housholds then one to dwell in a cottage 31 El. c. 7. except it be by order of the Justices at the Quarter Sessions with leave of the Lord of the waste at the charge of the Parish Hundred or County 39 El. c. 3. 43 El. c. 2. Lam. 611. Offences against the stat of cottages and in mates are to be heard and determined at the Quarter Sessions 31 El. c. 7. Lam. 614. and a decree may be made at the Quarter Sessions for continuance of a cottage that hath not four acres of land ibid. A Decree may be made at the Quarter Sessions for the continuance of a cottage that hath not four acres of land And the Justices may enquire hear and determine of cottages and inmates against the statute of 31 El. c. 7. Lam. 614. County A Justice of Peace in one County pursuing a selon into another County where he is taken he shall be committed to the Goal of the County where he was taken Dal. 297 298. Cozeners and Cozenage Any falsly and deceitfully getting into his possession money or goods of other mens by colour of false privy tokens of counterfeit letters and convicted thereof at the Quarter Sessions by examination of witnesses shall suffer any corporal punishment except death 33 H. 8. c. 1. Cro. 83. a. 130. b. Dal. 48. Lam. 442 535 569 690. Two Justices of Peace one being of the Quorum may bind over to the next Sessions any such suspected person or may imprison or bail them until the next general Sessions Dal. 48. One Justice of Peace as it seemeth may binds Cheaters to their good behaviour so to the Assises or Sessions or send them to the house of Correction Dal. 48. Crosses vide Agnus Dei Cross-bows and Hand-guns Every person may attach an offender against the statute 33 H. 8. c. 6. and carry him to the next Justice of Peace in the same County Dal. 65. The Justice upon due consideration may send the offender to the Goal till he have paid the penalty of the statute of 33 H. 8. c. 6. sâ— 10. li. The particulars of the said Statute 1. None under an 100 pounds per annum may shoot in or keep gun dag pistol cross-bow or stone-bow 2. No person may shoot in carry keep use or have any gun under three quarters of a yard in length if it be shorter every one having an 100 pounds per annum may seize the gun must break it or lose 40 shillings if he break it not within twenty daies Lam. 296. 480. but may keep the cross-bow or stone-bow Dal. 65. 3. No person not having an 100 pounds per annum may carry in his journy any gun charged or bow bent but onely in time and service of war or going to the musters 4. None may shoot in a gun near to a market-Town but in defence of his house or person or at a But. 5. The master may not command the servant to shoot except at a But or Bank of earth or in warre Exceptions out of the Statute 1. Shooting at a But or Bank of earth by serving-men whose masters are inabled by statute 2. Inhabitants of market Towns 3. Dwellers alone or near the Sea-side 4. Gun makers or Gun-sellers 5. Those that have placards may shoot according to their placards Dal. 65 66. Any under the value of 100 pounds per annum licensed to shoot in Cross-bow or Hand-gun is to present his name to the next Justice by him to be presented and recorded at the next Quarter Sessions or else the Justice to lose 20 shillings 2 Ed. 6. c. 14 Lam. 301. Quaere if this be now in use Any licensed at Quarter-Sessions to shoot â—n Hand-gun or birding-piece for Hawks-meat is to shoot only at fowl not prohibited â—nd to be bound in 20 li. 1 Jac. c. 27. Any two Justices of Peace may commit to â—he Goal for three moneths any that shoot with gun or bow at any Patridge Phesant house-Dove Mallard or at such fowl or at â—ny Hare 1 Jac. c. 27. If any person not having lands c. of the yearly value of 40 li. or not worth in goods 200 li. shall use any gun bow or cross-bow to kill any Deer or Conies except such person shall have any ground inclosed used for the
total sum in any County where there shall be above fifty parishes do â—ot exceed six pence every parish 43 Eliz. â—ap 3. The said taxation to be assessed within â—hemselves and in default thereof by the Church-wardens and petty Constables or â—he greater part of them in default thereof â—y the Justices or Justice of Peace dwelling in â—he same parish or if none be there in the â—arish next adjoyning 43 El. c. 3. In default of payment of the same assess â—he Church-wardens and petty Constables may levy it by distress and sale c. and in their default the aforesaid Justices or Justice of Peace 43 El. c. 3. The Church-wardens and petty Constables are to pay over their collections to the high Constable ten daies before every Quarter Sessions and the high Constables at every Quarter Sessions are to pay it over to the Treasurer ibid. If any of them make default then the Church-wardens or petty Constables forfeit â—o shillings and every high Constable 40 shillings to be levied by the Treasurer by distress and sale for augmentation of the stock â—3 El. c. 3. Treasurer for maimed souldiers must be â—en pound in lands or fifty pound in goods â—n the subsidy and continue but for a year â—nd within ten daies after Easter Sessions folâ—owing to give account to his successor in â—efault thereof or for other misdemeanour in â—is office to be fined five pound or above by â—he more part of the Justices of Peace 43 El. â—ap 3. Souldier or mariner sick or maimed bâ— service in his Majesties pay upon lawful certificate thereof by the general muster-masteâ— or receiver of the muster-rolls Treasurer oâ— Controller of the Navy under his hand is to come to the Treasurer of the County wherâ— he was prest or if he were not pressed then to the Treasurer of the County where he waâ— born or last dwelt three years if he be able to travel so far or otherwise to the Treasurer oâ— the County where he landed by him to be relieved according to hâ—s discretion till the next Qu. Sessions at which time the more part of the Justices may according to their discretions grant him a pension during his life iâ— the said pension be not duly revoked or altered 43 El. c. 3. Treasurers are to make payment quarterly of such pensions as shall be granted by the most of the Justices at the Qu. Sessions under their hands and by them to be fined if they refuse to pay them 43 El. c. 3. Pensions of souldiers and mariners not having born offices are not to be above 10 l. under the degree of a Lieutenant 1â— l. a Lieutenant 20 l. 43 El. c. 3. Pensions are revocable or alterable at the discretion of the Justices in the Quarter-Sessions 43 El. c. 3. Treasurer where any maimed souldier or mariner shall arrive upon certificate though not allowed may give a testimonial of his own allowance and convenient relief to carry him to the next County leading him to the place where the general muster-master shall be and so may the Treasurer of each County leading him thither and from thence to the County where he is to have his pension 43 â—l cap. 3. Treasurer is to enter in to a book mony reâ—eived and disbursed with the parties names â—nd certificate to whom it was paid 43 El. cap. 3. Treasurer not allowing a certificate in the â—ct of 43 El. c 3. expressed must endorse the â—ause thereof on the certificate 43 El. c. 3. Souldier or mariner counterfeiteth a cerâ—ificate or having a pension beggeth he shall â—â—ose his pension and be adjudged a rogue â— 3. El. cap. 3. Souldier or mariner that cannot be relieved in the County where he was pressed by reason that the whole taxation is imploied â—hall be relieved where he was born or dwelt â—he last 3 years at his election 43 El. c. 3. Overplus of the stock for maimed souldiers is to be imploied by the greater part of â—ustices at the Qu. Sessions to such charitable uses as are set down in the statute for poor except it be by them reserved for future pensions 43 El. c. 3. Star-chamber The experience of the Star chamber is the best guide and direction for a Justice of P. Lamb. 175. Stolen goods After attainder upon evidence by the owner the stoln goods are to be restored to the owner by writ of restitution awarded by the Justices before whom the attainder was 21 H. 8. c. 11. Lam. 586. Da. 306. Cro. 191. a. Vide Reâ—titution of stolen goods Stewards of the Sheriffs turn Leet or Pâ—â— powders cannot grant surety of the peace uâ—less it be by prescription but every of theâ— may commit him to ward that shall make â— assray in their presence whilest they be iâ— execution of their office which the stewaâ—â— in a Court Baron cannot do Lamb. 14. Dal. â— 10 H. 6. c. 7. Br. Leet 36. Stock of the shire The parishioners and in their default thâ— Churchwardens and Constables are to asseâ— the tax imposed upon the parish by the Justices at Easter Sessions towards the relief of thâ— prisoners in the Kings Bench Marshalseâ— Hospitals and other losses by fire c. In default of them any Justice of Peace dwellinâ— in that parish or if none dwel there thâ— next Justice may assess the same and the samâ— Justice of Peace or any other Justice of Peacâ— in that limit in default of the Churchwardeâ— and Constables may levy the same by distreâ— and sale of the offenders goods rendring tâ— the party the overplus and in default of distress may commit such persons without batill they pay the same 43 El. c. 2 Dal. 139. In all taxations observe these rules Daâ— ibid. 1. The most reasonable taxation of land iâ— by the yearly value not the quantity 2. He that occupieth lands in his owâ— hands in several parishes shall be charged iâ— every parish proportionably for his lanâ— there 3. The farmer shall be rated for the land and not the lessor 4. A man is not to be rated for his farmâ—â—s for that the occupier of the lands is argeable for the same By goods in most cases a man may be raâ—â— as well as by lands but not both by goods â—â—d lands 6. A man shall be charged for goods only that town where the goods be at the time assessment the Constable and major part the Parishioners upon warning given in Church may make such taxations by law 5 67 Br. Quin. 4. 6. Dal. 140. The like may be done by the Churchwarâ—â—ns and the greater part of the Parishioners â—â—r Church charges Dal. ibid. If the greater part will not meet the offiâ—â—rs and such as will meet may tax Dal. ibid. Where a man is charged by goods they â—ust be bona notabilia Dal. 140. Vide Taxation Subsidy Upon proof before two Just of Peace that subsidy-man by covin hath escaped taxaâ—â—on they shall charge him at double the â—alue of so much as he ought to be taxed at â—â—d he shall
child and the reputed father be run away or is not able to free the Parish whether the Master may be enforced to provide for her till she be delivered and for a month after Resol If the Master hath legally discharged his house of such a servant he is no more bound to provide for her then any other 14 Q. In case a Parish consist part of ancient Demesn and part of Guildable an Assise is made for the relief of the maimed Souldiers the Gaol c. according to the stat 24 Eliz. c. 2. whether the tenants in ancient Demesn shall contribute with the Guildable for the paiment of the Assise Resol The Statute doth not distinguish between the ancient Demesn and the Guildable in these cases ubi lex non distinguit ibi nec nos distinguimus 15 Q. Whether an Indictment of forcible detainer be within the Statute of 1 Iac. cap. 5. not to be removed by Certiorari unless the party indicted first finde sureties according to that Statute and whether the party indicted be to be bound in his absence to prosecute according to that Statute and whether an indictment of forcible entry c. found at a private Sessions be to be removed by Certiorari without sureties according to that Statute Resol This is fittest to be left unto the Court of Kings-Bench to whose Commission and jurisdiction this is most proper 16 Q. If one be convicted upon the Statute of 3 Car. R. cap. 13. for driving of Cattel on the Sunday through several Parishes whether he forfeit 20 shill to every of the said Parishes or onely to one if to one then to which of them Resol This Statute giveth the forfeiture but to one 20 shill for one Sabbath day Although the driving of that day be through divers Parishes Therefore where the action is first attached and the distress first taken that Parish shall have the benefit of the forfeiture and not the other 17 Q. If one who is under the age of 30 years and brought up in husbandry or a maid-servant or brought up in any of the Arts or trades mentioned in the Statute of 5 Eliz. cap. 4. and not enabled according to that Statute to live at his or her own hand shall be warned by two Justices of the P. to put him or her self in service by a day prescribed by them and shall not do the same accordingly but shall after continue living at his or her own hand what course shall be taken with such a person and how punished Resol Such persons being out of service and not having visible means of their own to maintain themselves without their labour and refusing to serve as an hired servant by the year may be bound over to the next Sessions or Assises and to be of the good behaviour in the mean time or may be sent to the house of Correction 18 Q. Whether the tax for the relief of the poor upon the Stat. of 43 Eliz. shall be made by ability or occupation of lands or both or whether the visible ability in the Parish where he lives or general ability wheresoever whether his rent received within the Parish where he lives shall be accompted visible ability and whether he shall be taxed of them only and for any Rents received from other Parishioners and what shall be said visible ability Resol The land within each Parish is to be taxed to the charges in the first place equally and indifferently but there may be an addition for the personal visible ability of the Parishioner within that Parish according to good discretion wherein if there be any mistaking the Sessions c. or the Justice must judge between them 19 Q. Whether shops salt-pits sheds profits of a Market c. be taxable to the poor as well as lands Cole-mines c. expressed in the Statute 43 Eliz. Resol All things which are real and a yearly revenue must be taxed to the poor 20 Q. Whether the tax for the County stock Gaol and house of Correction is to be made by the Stat. of 14 Eliz-ca 43. by ability and upon the inhabitants of the Parish only or upon them or the occupiers of lands dwelling in that Parish or whether such as occupy lands in that Parish and dwell in another Parish shall be taxed Resol If the Statute in particular cases give no special direction it is good discretion to go according to the rate of taxation for the poor but when the Statutes themselves give directions follow that 21 Q. Whether any taxes ought to be made for the charges that pety-Constables and Borshoulders are at in conveying rogues from Parish to Parish and relieving them and how to be rated Resol It is fit to relieve the Constable and Tithing-men in such sort as it hath been used in the several places where they live 22 Q. Whether a Justice of Peace may discharge a servant being with child from her service allowing that as a reasonable cause that she is thereby made unable to do the service which otherwise she might have done and if he may discharge her whether that Parish shall provide for her till her delivery if she cannot provide for her self and so also if her time be expired before her delivery who shall provide for her after her time ended Resol If a woman being with child procure her self to be retained with a master who knoweth nothing thereof it is a good cause to discharge her from his service And if she be begotten with child during her service it is all one but the Master in neither case must turn away such a servant of his own authority But if her term be ended or she lawfully discharged the Master is not bound to provide for her but it is a misfortune faln upon the Parish which they must bear as in other cases of casual impotency 23 Q. Whether being delivered of a bastard child in one Parish and goeth into another with her child and becomes vagrant and so is sent to the place of her birth her bastard child being under the age of seven years shall be setled with the mother and there maintained if the mother be not able nor the reputed father known found or whether it shall be sent to the place of its birth or being setled with the mother whether the Parish where it was born shall be ordered by the two next Justices to pay a weekly summe towards the maintenance of it Resol The Bastard child must be placed with the mother so long as it is within the quality or condition of a Nurs-child which shall be till seven years of age and then it is sit to be sent to the place of its birth to be provided for the mother or reputed father not being able And the Parish where the child is born shall not be forced to contribute to the charge as long as the mother lives and the child be under seven years old 24 Q. A man with his wife and children takes an house