recognisance ex officio to appoint or allow the number of the sureties their sufficiency in goods and lands the summe of money and how long he shall be bound Dal. 141. Lam. 100. If a Justice of Peace be deceived in the abilitie of the sureties he may compell the partie to put in another Lam. 101. Recognisance of the Peace without expressing in the condition that it was for keeping of the Peace seemeth void Lam. 103. Dal. 142. So it is if a recognisance be that a recogniser shall not maim or beat A without expressing keeping the peace Lam. 103. Dal. 142. Recognisance comprehending no time of appearance but generally to keep the peace is good Lam. 103. Dalt 144. Recognisance for the peace upon a supplicavit is not of necessitie to be returned untill certiorari Lam. 109. Dalt 144. Recognisance taken to keep the peace against one especially quaere if it be good Lam. 104. Dal. 143. Recognisance taken ex officio may be removed by Certiorari Lam. 109. Dal. 145. Recognisance not forfeited is discharged by the death of the King the cognizer or the partie suing for it if it were against him alone Lam. 113. The sureties dying the recognisance is good against the executours Lam. 113. Recognisances taken are to be certified notwithstanding the death of the King Lam. 113. or of the recognizer or of the partie at whose suit it was granted Lam. 113. The recognisance being forfeited the Justice shall in discretion require new sureties or commit him to prison Lam. 114. Recognisance of the Peace brought into the Custos Rotulorum and not pursued may be called upon for the King by the Clerk of the Peace ibid. Justice of the Peace cannot award processe upon a forfeited recognisance but it must be certified into the higher court except recognisance for alehouses Lam. 589. Dal. 144. Cro. 167 and the cause of the forfeiture Dal. 172. Recognisances or examinations taken concerning suspects or felons are to be certified at the next generall goal-delivery 2. 3. P. M. 10. Lam. Recognisances taken by a Iustice of Peace ex officio are to be brought into the Custos Rotulorum at the next generall Sessions Lam. 109. Dal. 144. Cro. 139. a. but no pain by the statute of 3. H. 7. 1. if he do not None but the King can pardon a recognisance once forfeited Lam. 113. Reconciliation vide Treason Records Records be nothing else but memorials or monuments of things done before Judges that have credit in that behalf Lam. 63. If a record say any thing no man shall be received to averre or speak against it Lam. 63. The Judges may correct or amend any record in the term wherein the record is to be made but after they have no power at all over them Lam. 64. Dal. The record or testimonie of a Justice of Peace is in some cases of greater force then an enditement of a Iury and against it the partie shall not be admitted to traverse Lam. 65. Embezelling of a record is felonie but not to be dealt withall by a Iustice of Peace Lam. 231 549. Precepts for suretie of the Peace speciall records for conviction of forcible entries made out of the Sessions are not records of Sessions Lam. 389. Records of causes determinable at the Sessions taken by the Iustices of Assize at their goal-deliverie as Iustices of Peace are to be left with the Clerk of the Peace to be brought to the next Sessions of the Peace Lam. 391. One pleadeth a record before other Iustices by way of justification the Iustices ought to give him day to bring in the record Lam. 523. A Justice of Peace upon a Commission being convicted by oath of twelve men of embezelling wilfull rasing of an enditement or maliciously inrolling that for an enditement which was not found or changing an enditement of trespasse into an enditement of felonie loseth his office and shall be fined and imprisoned according to his offence Recusants Wilfully absenting themselves from Church 12 moneths contrary to 1. Elis 2. and convicted being of 16 yeares of age are to be bound to the good behaviour upon certificate of one Iustice of Peace to the Kings Bench 1. Elis 2. besides other penalties 23. Elis Dalt 80. Every Iustice of Peace may give notice to any person to forbear to receive or keep such as shall obstinately refuse to come to the Church by the space of a moneth 35. Elis 1. Heir of a Recusant being a Recusant at his ancestours death conforming himself and taking the oath of supremacie made 1. Elis before the Archbishop or Bishop of the Diocesse shall be free from penalties for the recusancie of his ancestour 1. Jac. 4. Heir of a Recusant being under 16 yeares at the death of his ancestour at or after 16 yeares becomes a Recusant he is not to be freed of his ancestours penalties for recusancie till conformitie as afore said 1. Jac. 4. Two parts of Popish Recusants lands being seised for payment of 20 pound a moneth the third is not to be charged with it but is to descend to his heir and the two parts to remain in the Kings hands till he be satisfied thereof both for the ancestour and heir 1. Jac. 4. Any sending his children beyond the seas out of the Kings dominions to any religious house to be instructed or strengthened in Poperie loseth 100 shill and the person so going or being there and not returning in one yeare is disabled to inherite purchase or take any lands or goods in his Majesties dominions till conformitie 1. Jac. 4. Estates in trust for benefit of any sent beyond the sea to any religious house to be instructed in Popery are void 1. Jac. 4. Forfeitures upon the statute of 1. Jac. 4. against Popish Recusants half to the King and half to the suer in any the Courts of record at Westminster by action of debt c. 1. Jac. 4. Popish Recusant conforming himself in coming to Church according to the law and after convicted for nor receiving the Sacrament once every yeare loseth for the 1 yeare 20 pound for the second yeare 40 pound for the third yeare 60 pound And if after conformitie in receiving the Sacrament he offend therein he loseth for every offence 60 pound one moytie to the King the other to the informer to be recovered in any of the Kings Courts at Westminster or before the Iudges of Assize or Iustices of the Peace at their Qu. Sessions by action of debt c. 3. Jac. 4. Lam. 418. Constables and Churchwardens or for want of them the high Constable once every yeare are to present the monethly absence of Popish Recusants from Church with the names of the servants and children above 9 yeares old or lose 20 shill for every offence and upon their conviction to have 40 shill out of their goods 3. Jac. 4. Clerk of the Peace is to record the presentment of Constables and Churchwardens for monethly absence from Church without fee or loseth 40. shill
the statute may not be altered Lam. 545 559 578. Fines must be reasonable and just according to the qualitie of the offence 34. E. 3. 1. Lam. 544 558 577. After one is taken by a Capias pro fine the iustices of Peace are to assesse the fine by their discretion and to deliver the partie Lam. 541 554 574. Fines of rioters vide Riots Fines of Brewer Baker Tipier vide Assize of bread Fish Stealers of fish out of ponds and curters of ponds heads are to be bound to the good behaviour and 3 moneths imprisonment 5. El. 21. Lam. 12â— 424 429 446. If any cast nets into waters by which the frie of fish may be taken or take Salmons betwixt the nativitie of Marie and S. Martin or young Salmons betwixt the midst of April and Midsummer one Iustice may punish them for the first offence by burning their nets and engines for the second by three moneths imprisonment for the third by one yeares imprisonment and for any of them by fine at the discretion of the Iustice 17. R. 2. 9. Lam. 134 179 430 436 557. Lam. 190 454 576. Forfeitures upon the statute 3. Jac. 12. Where any offence is committed in destroying the spawn or brood of sea-fish a fine may be levied by distresse and sale of the offenders goods by warrant from one Justice of Peace to the Constables or Churchwardens 3. Jac. 12. He that shall be preaching teaching writing or shall notifie upon open speech that the eating of fish or forbearing of flesh upon any dayes now usually observed for fish-dayes is for necessitie of salvation of souls or is the service of God otherwise then other publick laws be shall be punished as spreaders of false news are and ought c. 5. El. 5. 2. Jac. 25. Lam. 442. Any publishing that eating of flesh on fish-dayes is necessarie to salvation or otherwise then as a politick law is to be imprisoned 5. El. 5. Lam. 425 426 442. Any except aged sick with childe or licensed eating flesh in Lent or on fish-dayes loseth 20 shill and one moneths imprisonment 5. El. 5. 27. Elis 11. Lam. 433 458. Taverners inkeepers common tabling-house tipler or alehouse-keeper offending against the statutes 5. El. 5. and 2. Jac. 29. Against killing dressing and eating of flesh is to lose the flesh and the penaltie of 5. Elis 5. which is 5 pounds 1. Jac. 29. Lam. 458. Forfeiture upon the stature 1. Jac. 29. for eating of flesh except such as be taken by the Justice of Peace Maiors Bailiffes head-officers or Constables are to be equally divided betwixt the King and the informer 1. Jac. 29. License granted to sick persons to eat flesh on fish-dayes shall be no warrant for them to eat beef mutton veal pork or bacon 1. Jac. 29. Butcher or other though licensed killing in Lent to sel any ox beef hog calf or mutton except three dayes next before Easter or oxen or beef for victualling of ships loseth the meat or value 1. Jac. 29. Justice of Peace or head-officer of corporations or Constables of towns may in Lent search victuallers houses suspected of dressing flesh and finding any flesh beef hog calf or mutton may seise on it and give it to the poore 1. Jac. 29. Flax. Forfeiture due to the informer upon the statute and hemp to belevied by what processe the Justice will 24. H. 8. 4. Lam. 550 565 584. Flesh vide Fish-dayes Forrain power vide Treason Forrain plea vide Triall Force Force is two-fold Every trespasse in judgement of law is a force and the action may be Quare vi armis Dal. 166. Lam. 141. That which is properly force is either Manu forti or Multitudine Manu forti is violence offered to the person of another by deed or word Dal. 166. By deed as actuall violence or to be furnished with offensive weapons not usually born ibid. Any thing which a man taketh in his hand to throw it at another may be said to be armour Cro. 74. b. Multitudine when there be two or three in a companie or more Dal. 167. Forcible entrie Forcible entry must be an actuall entry Dal. 168 If one or more come weaponed especially with weapons unusually worn and violently enter into an house or land Dal. 167. Lam. 134 135 145 147 Much more being entred if he or they offer violence or fear of harm to any in possession or drive any out of possession Dal. ibid. Lam. 142. Many come to do a force and one onely useth force all are guiltie Dal. 172. Lam. 134 143 146. To enter peaceably and forcibly to put out another Dal. ibid. Lam. ibid. To enter peaceably and after to offer violence threatnings or fear of harm to one in possession with intent to get him out though he get him not out Dal. ibid. Lamb. ibid. Who shall be said to enter with force Entring peaceably and saying they will hold although they die for it Dal. 167. Lam. 146. To enter peaceably with weapons not usually born by them to house open or grounds Dal. ibid. The Master entring with moe servants then usuall ibid. A trespasse made manu forti or cum multitudine though it be but to cut or take away another mans corn grasse or goods or fell or crop wood or to do any other trespasse though the partie be not put out of possession yet it seemeth forcible entry punishable by the statutes but otherwise if the entry be peaceable yet it is disseising with force Dal. 167 168. Lam. 133 143 145. To enter peaceably and after entry by force or violence to cut corn grasse wood c. or carry away anothers goods is force Dal. 168. Cro. 70. To distrain for rent due or not due with force doth countervail a force Dal. ibid. Lam. 144 Divers enter where the entrie is not lawfull and all save one demean themselves peaceably and one onely entreth with force or after entrie useth force it is forcible entry in all Dal. 172. Cro. 22. a. 24. b. 34. b. Lam. 143. In all these cases of trespasse onely the Iustice of Peace may as it seemeth remove the force and upon view imprison and fine Forcible entrie by words To enter peaceably and then to offer by threatning to kill the dissesse if he reenter Dal. 168. What is not force To enter by fair means his entry being lawfull and perswade them within to come out and the doore being open or shut by the latch to enter without combating or offensive weapons or other violence Dal. 168. To enter peaceably and quietly getting other out and quietly to hold it Dal. ibid. To enter peaceably into a house and finding armour or weapons not to remove them Lam. 145. To take a man being out of his house imprison him and in the mean time to send another peaceably to enter is no force Dal. 169. Lam. 146 He that onely agreeth to a forcible entry made to his use Forcible detainer Forcible detainer is of lands and tenements not of
88. L. 315. Cro. 157. b. But it is referred to the discretion of the Justices how many or how few they will have and in what sort they shall be armed Dal. 88. Lamb. 315. Cro. 64. b. One I. of P. may take power of the county suppresse riotters and need not tarry till his fellows come Cro. 157. b. Dal. 84. Lamb. 184. Constable may take the aid of his neighbour to arrest another upon an affray Cro. 158. a. L. 134. Sheriffe upon a writ of execution returned that he could not execute it for resistance and was amerced 20 marks because he took not the power of the county Cro. 158. a. Preacher He that disturbeth a Preacher of purpose maliciously or contemptuously in Sermon-time is to be bound to his good behaviour and have 3 moneths imprisonment Lamb. 416. 1. M. c. 3. If the disturber of any preacher be arrested and brought before any Iustice of Peace upon due accusation and examination heard either by the arrester or other person he shall forthwith commit the party so taken to custody by his discretion and within 6 dayes after another Iustice joyning in examination they upon confession of the party or conviction of 2 witnesses may commit him to prison for 3 moneths 1. Mar. 4. Lamb. 195 333. Quaere if all the statute of 1. Mar. 3. be not repealed by the generall words at the latter end of the statute 1. Elis 2. Precept vide Warrant Praemunire Refusall to take the oath of the Kings supremacie the first offence is praemunire the second treason 5. Elis 1. Lam. 411. To aid comfort or maintain one that hath committed treason in using of bulls is praemunire 23. Elis 1. Lam. 411. Vide Treason To hold set forth or defend the power spirituall of any forrein Prince or person heretofore claimed used or usurped within the Kings dominions by writing printing preaching expresse deed or act maliciously or directly or to put in use or execute any thing to that end the first offence is praemunire the second treason 1. El. 1. 5. El. 1. enquirable by words of 23. El. 1. Lam. 411. He which aideth any person that putteth in ure any bull writing or instrument of absolution gotten from Bishop or See of Rome c. to the intent to uphold the authoritie of the See of Rome incurreth praemunire 13. El. 21. 23. El. 1. Lam. 413. To bring from the Bishop or See of Rome or any claiming authoritie from it Agnus Dei crosses pictures beads grains or such like superstitious things or to deliver or offer them or cause to be delivered or offered to any of the Kings subjects to use or receive them to such intent and not to apprehend the offender or within three dayes disclose him to the Ordinarie or other Iustice of Peace or within one day deliver the things received to a Iustice of Peace 13. El. 2. 23. El. 1 Lam. 414. The forfeiture in cases of praemunire upon the statute of 16. R. 2. is to forfeit his lands and tenements in fee for ever his lands in tail for his life and all his goods and chattells and to have a perpetuall imprisonment and to be out of the Kings protection Cro. 14. a. Dal. 226. but quaere if he be attainted upon the 27. of E. 3. 1. if he appeare and the day of the praemunire returned Dal. ibid. Edit 1626. A man may not kill him which is attainted in the praemunire by 5. Elis 1. but before he might for they were out of the Kings protection Cro. 15. a. One lawfully imprisoned untill the next Sessions for refusing the oath of alleagiance and there again refusing it incurres a praemunire except married women who are onely to be imprisoned without bail 3. Jac. 4. 7. Jac. 6. Not disclosing nor certifying within 24 dayes the name of him which bringeth any Agnus Dei crosses or pictures to one of the Kings Councell 13. El. 2. is praemunire Breakers of bargains contrarie to the statute of 27. H. 8. provided against usurie shall be punished as Counsellours Atturneys or Advocates in case of praemunire 27. El. 8. Delivering or sending any relief to a Iesuite Priest or other remaining in any colledge of Iesuites incurreth praemunire 27. El. 2. Presentment Presentment is a declaration of the Iurours or Officers without any bill offered before Lam. 405. It differeth from an enditement which is the verdict of the Iurours that be charged to enquire of that offence which is offered Lam. 486. What shall be a good presentment Presentment at a Sessions where the style is in the name of three and the presentment taken by two Lam. 383. Presentment where some of the Jurours be allied or of bloud to him that procureth the enditement but it is no discretion in the Justice to suffer such to be impannelled Lam. 398. Presentment where some of the Jurours be allied or of bloud Presentment of a Jurie of an hundred of an offence done in another hundred 399. Presentment where all were not sworn if the Record be that all were sworn Lam. 399. Where the declaration of the Officers of the Sessions shall have the force of a presentment A Justice of Peace upon his own knowledge of offences against the statute of 2. 3. P. M. cap. 8. 5. Elis cap. 13. of high-wayes Dal. 51. Cro. 125. b. 195. a. Searchers appointed to examine the true making of tile Constable for sundrie points in the statute of Winchester 13. E. 1. Amendment of a presentment vide Venire sacias Priests vide Jesuites Principall and Accessarie vide Accessarie Prison One committed to prison for refusing to finde sureties for the Peace shall remain there till he freely offer and finde them Lam. 93. One committed for denying to finde sureties for the Peace may not be delivered upon the death or release of the partie without help of the Sessions or goal-deliverie Lam. 93. Quaere One imprisoned till he make fine that stood whilest one was slain because he did not his best to attach the murderer Lam. 132. The Sheriffe or Goaler may imprison in his house or in the common goal at pleasure Dal 297. Cro. 169. 8. Lam. 133. Constable cannot imprison in his house but in the stocks and that but untill he may provide convenient aid to convey him to the Justice of Peace or the goal Dal. 297. Lam. 133. Just of Peace cannot commit felons to prisons which be not common goals nor make a goal of their own houses Dal. 197. Lam. 133. 5. H. 4. Justice of Peace may commit to the stocks some offenders against certain penall statutes Dal. 297. Breach of prison is the escape of a felon though not endited out of the goal stocks or possession of any keeper Lam. 229. One imprisoned upon a Capias pro fine is to be delivered upon payment thereof Lam. 574. or upon pledges by recognizances for payment thereof Prisoners Every one who is under arrest for felonie is a prisoner as well without