Sâ—ockes and that not aboue suche a reasonable tyme as he may prouide to conuey him to the Gaolâ— till he find suertie of the Peace 3. H. 4. 9 22. E. 4. 35. And herein he differeth from a Gaoler or the Shirife who hath the charge of the Gaole for he may make a Gaole of his house and so caÌ„not a Constabe or Iustice of the Peace doe And by the Statute 5. H. 4. ca. 10. the Iustice of Peace must sende his prisoners to the common Gaole If one doe make an Affray vpon the Iustice of Peace Constable or suche other Officer he maye not onely defende him selfe but maye also apprehende the offendour and sende him to the Gaole till he wil finde suertie of the Peace 5. H. 7. 6. And the Iustice or Constable maye if néede bée commauno assistance of the Queenes people for the pacifying of an Affray 3. H. 7. 10. If he that maketh an Affray do flie into a house when the Iustice of Peace or Constable coÌ„meth to arrest him they may in fresh sute breake open the doores and take him Mar. Or if he flie thence they may make fresh sute and arrest him though it be in an other Countie by the opinion of some men 13. E. 4. 9. And it shoulde séeme by the reason of that Booke that in this case also they may breake open the doores to apprehend him because the Prince hath an interest in the matter and then a mans house shall be no refuge for him as it shoulde be in Debt or Trespas where the interest is but onelie to some particular partie Now if the Constable do arrest one that hath hurt an other and do voluntarily suffer him to Escape and then he that was hurte â—ieth thereof within the yeare and day the Constable shal make a great Fine and that to the valewe of his goodes in the opinion of some 11. H. â— 12. Stanford 35. 1. But the offence shall not have suche Relation to the stroke as to make the escape to become Felonie thereby Commentar Plowd 263. Of the breach of the Peace without a multitude or with a multitude by forcible entrie into landes or tenements c. And what one Iustice of the Peace out of the Sessions may doe therein CAP. XVIII BEfore the troublesome reign of King Richard the second it séemeth that the common Law permitted any person which had good right or title to enter into any laÌ„d to winne the possession thereof by force if otherwise he could not haue obtained it And still at this day if in a common Action or enditement of Trespassle for entring into any land the Defendant will make Title therevnto the whole matter of the Force alleadged against him wil rest altogither vpon the validitie of his Title as appeareth 7 H. 6. 13. and 40. And a man maye also at this daye retaine wyth force his owne goodes and cattailes agaynste an other 19 H. 6. 31. 9. E. 4. 18. But after the rebellious insurrecon of the velleins other of the commons whiche happned in the fourth yeare of that Kinges reigne The Parliament in 5 R. 2. cap. 7. thinking it necessarie to prouide against all occasions of any further vproare or newe breach of the Peace did ordaine among other thinges That from thenceforth none shoulde make any entrie into any landes or tenements although his entrie into the same were lawfull but onely in peaceable and easie maner and not with strong hande nor with multitude of people vpon paine of imprisonment and to be raunsommed at the Kings will But because this Statute gaue no quicke remedie in this point nor any special power therein to the Iustices of the Peace of the countrie whereas the experience of that busie time required a great deale more spéede in suppressing such disorder After that they had in 13. of that king c. 7. Stat. 1. taken order that Iustices of Peace shold be made of new in all the Counties of England of the most sufficient Knights Esquiers men of law of the same Countie And that they should be sworne to keepe put in execution all Statuts ordinaunces touching their offices The in 15 R. 2. c. 2 they caused it to be further enacted That when such forcible entrie should be made into landes or tenementes or into Benefices or Offices of the Church and complaint thereof come to any Iustice of the Peace he should take sufficieÌ„t power of the Countie and go to the place where the forcible entrie was made if he found any that held such place forciblie after such entrie made the same should be taken and put in the nexte Gaole there to abide conuicted by the Recorde of the same Iustice till they had made fine and raunsome to the King And that aswell the Shirife as all others of the Countie shoulde attende vpon the saide Iustice to go and arrest such offendours vpon pairâ—e of imprisonment and to make fine to the King Now againe for asmuch as this laste Statute did not extende to those that entred Peaceablie and then helde with Force nor against the offendors if they were remoued before the comming of the Iustices nor yet any paine therein ordained against the Sherife that did not obey the preceptes of the Iustices in this behalfe it was not onelie ordayned by a thribe Acte made 8. Hen. 6. cap. 9. That the sayde former Statutes shoulde be holden and duelye executed But it was adjoyned also thereunto That if anye from thenceforth forth shoulde make suche forcible entrie into lands tenements or other possessions or should them holde forcibly after complainte thereof made wythin the same Countie to any of the Iustices of the Peace thereby the parties greeued that the Iustice so warned should in conuenient time cause the last said Statute duely to bee executed at the costes of the sayde party And whether the perfons making suche entries were present or auoided before the Iustices comming the same Iustices or Iustice in some good towne next to the said tenements or in some other conuenient place at his discretion shoulde haue power to enquire by the people of the same countie as well of them which made suche forcible entries into landes or tenementes as of them whiche held the same with force And if it be found before any of them that any doth contrary to this Statute then the sayd Iustices or Iustice shall doe the saide landes or tenements to be reseised and shal put the partie so put out in full possession of the same And when the saide Iustices or Iustice make suche enquirie they shall directe their Precept to the Shirife commaunding him on the Kings behalfe to cause to come before them and euerie of them sufficient and indifferent persons dwelling nexte aboute the same landes or tenementes whereof â—ucrie man shall haue landes or tenementes of the cleare yerely value offourtie shillings at the least and the Shirife shall returne twentie shillings in issues vpon euerie one
to the intent they shoulde lye open or voide or to haue any Common or may there Or to destroy the Déere or Conies in any Parke or Warrien or Douehouses or Fish in Poole or pond or to cut down any houses Barnes miles or Eayes or to burne any stake of corne or graine or other vsuall sustacke of men and being commaunded by the Shirife or any Iustice of Peace of the Shire or by the maior Shirif Iustice of Peace or Balifes of the Citie Borough or Corporate towne where the assmbly was by proclamation in the Queenes name to depart to their houses haue notwithstanding continued togither one houre after or haue after that forciblie attempted to do any such thing Rebellious assemble And if any person haue bnlawfully by ringing of Bel sounding of Trumpet Drumme Norne or other instrument or by firing of Beacon or by malitious speach or Outcrie or by setting up or casting any writing or by any other acte raised or caused to be raised twelve person or aboue in suche manner and to anysuche intent as is aforesayd and they being commanded by proclamation as before haue neverthlesse continued togeather one houre after or haue afterwarde attempted forcible to doe any of the sayde things And if any the wife or seruaunt of any the sayd assembled persons or if any other person haue willingly and without compulsion delinered or conuyed money harness weapon or victuall to any of the sayd person assembled during their aboave togeather as before And if any person haue hindred or hurte any that did proclaim or ment to proclaime as before and if any the parties so assembled knowing of that hindrance or procuring it haue neuerthelesse afterwarde committed or put in dre anye the things aforesayde And if any persons to the number of fortie or moe haue so assembled to the intent to doe anye the sayed things or anye other Felonious or Rebellious acte and haue continued togeather thrée houres after such Proclamation made at or nigh the place of assemblye or in some market Towne next avioyning and notice to them thereof giuen 1. Mar. Parl. 1. cap. 12 1. Elizab. cap. 17. If anye Souldiour entred a Souldiour of Recorde and hauing taken parte of the Quéenes wages or any Marnier or Gunner hauing taken prest wages to serue the Quéene on the Sea haue not accordingly gone to his Captaine unlesse he were letted by notorious sickness or other impediment from God or haue departed from his Captaine without his licence vnder his scale Souldiour Mariner er Gunner departing 18. H. 6. ca. 19 2. 3. E. 6. ca. 2 4. 5. Phil. Mar. ca. 3 5. Eliz. ca. 5. If any Straungers calling them selues or being commonly called Egiptians haue remained in the Realme one moneth And if any person being 14. yeres of age which hath bene séene or found in the fellowship of such Egiptians or which hath disguisedhim selfe like to them haue remained here or in Wales by the â—pace of one moneth either at one time or at severall times 1. 2. Phil. Mar. ca. 4 5. E 1 z ca. 20. Egiptians If any bagabond or Roge haue after 60. dayes next atter his marking through the eare or â—udâ—ement to be so marked fallen againe to Rogish life being then 18. yeares dlue or aboue And if any such Roge being upon his sayd seconde conuiction taken into seruice for two yeares haue departed within those two yearses against the will of him that by Recognusance tooke him into seruice And if any Roge being conuicted in the seconde begrée haue at any time after bene conuicted of Rogish life 14. Elizab. ca. 5 18. Elizab. cap. 3. Roges There can be none accessaries to these two last felonies Note that some felonies be here omitted either because there is none vse of them nowe or else for that they before particular places as The felonie of proouisours 13. R. 2. Stat. 2. ca. 3. The felony of Woolles Woolsellers 18. H. 6. c. 15. and certain felonies in the Statues of the Staple 27. E. 3. whereof I doubr The felonie of Powdike 22. H. 8. ca. II 2. 3. Phill. Mar. ca. 19. Itseemeth alfo by the 25. E. 3. c. 2. that there is a felonie for riding armed c. which I thinke is not contructed now If any perons haue commaunded counsailed waged or procured to be committed any Petit treason Murder Manslaughter Rape Robberie Burglarte or other the felonies aforesaid Accessaries before If any person knowing the sayd felons haue receiued comforted aided abetted or fauoured them before their attainuer or after Accessaries after Hitherto offelonies and their Accessaries in lay causes If any person haue mayhemed an other of any member whereby he is the lesse able to fight as by putting out his eye striking of his hand finger or foote beating out his fore-teeth or breaking his skull Mayheme And of their Accessories If any haue committed unlawfull assult beating wounding or such like trespasse against the bodie of any man Or haue with force against the law taken the goods of an other or haue done any trespasse in the lands of an other Trespasses Commission of the Peace If any Ordinarie Archdeacon Officiall Shirife Eschaetor Corner Vndershirife Baylife Gaoler or other officer haue by colour of his office or for doing his office taken a greater or more excessiue rewarde or Fée than belongeth to him or haue taken any Fée or rewarde for expedition in doing his office or haue vnlawfully exacted anie Dathe or other vndue thing Commission of the Peace If any Eschaetor other than of suche a Citie Eorowe or Towne as hath auctoritie to make Eschaetors within themselves by letters Patets of the Quéene or hir Progenitors haue taken vppon him that office in this Shire or occupied it by him selfe or an other and had not then in this Shire Landes Tenements or Rents for life at the least of xx â—â— by yeare or haue solde or sette to ferme that office or made any deputies for whome he will not answare and whose names hép hath not certified within 20. dayes after into the Escheaquer 12. E. 4. 9. Eschaetor Or if any Eschaetor hath taken for the execution of any Diem clausit exiremum or other Writte in one Countie aboue fourtie shillings in all or that xl shillings where the landes are not founde to beholden in Capite 23. H. 6. ca. 17 Fitzh 143. Or hath taken for the finding of any Office of landes not excéeding fiue pounde by yeare aboue fiftéene shillings in all for all the thinges thereof 33. H. 8. ca. 22. If any Shirife haue letten his Countie Shirifes and their Ministers c. or any his Bailywikes Hundreths or Wapentakes or haue returned in any pannelles any Bailifes Officers or their seruaunts or seruauntsseruaunts or haue refused to lette to bayle vpon sufficient suerties any person being in his custodie bicause of any action personal
Roges Giuingreliefe to Roges Disturbing of the execution of the law against Roges 14. El. ca. 5 18. El. cap. 3. If any persons to the number of thrée or aboue haue bene riotously assembled to beate any man to enter upon a possession or to dos any such vnlawfull acte haue done it in déede or attempted to doe it Dr haue bene assembled togither in Rowtes for any common quarrell or otherwise vnlawfully against the Quéenes Maiesties Peace Riots Kouts vnlawfull assemblies Commussion vunder the name of Conuenticles If any persons above the number of two and vnder xij being assembled haue intended vnlawafull with force to murder or stea any of the Quéenes subiects Dr to cut or cast vowne any inclosure or bankes of any fishe pond or conduit head or pipe or to do any the Déedes mentioned in vnlawfull assemblies before and haue not departed vppon proclamation but haue attempted to doe any of those things Rebelliouâ— assemblies Or if any person being moued to make any rebellious assemblie haue not within 24. houres after disclosed the same to a Iustice of the Peace or to the Shirife Dr if any person haue stirred or procured any other to make such assemblis 1. Mar. parl 1. ca. 12 1. El. ca. 17. If any haue lyen in awaite to mayheme or kill any other Lying in awaite Commossion If any haue entered in to landes or possessions with force or entering peaceably haue bolden the same with force Forcible entries If any person haue vnlawfully broken or destroyed the heade or damme of any pond mote stem or severall pitte wherein fishes are put by the owner therof or haue wrongfully slshed in any of the same to the intent to take away the fishe against the owners will Dr haue wrougfully entered into any Parke or other ground before this Statute inclosed or after this Statute by the iicence of the Prince to be inclosed and bsed for kéeping of Déere and haue wrongfully hunted oriuen out hurt or killed any Daere there Dr if any person haue vnlawfully taken away any Hawke or the eggs of any Hawke out of the woodes or groundes of any other person Cut pond head fishe hunt Deere take Hawkes or their eggs 5. El. ca. 21. If any person haue taken or caused to bée taken vppon his owne or other mens grounde the egges of any Falcon Goshawke Lannar or Swanne or haue taken any Cirer Falcon Goshawke Tercell Lanner or Lanneret or haue purposely 〈◊〉 them out of thier Couertes or haue borne any Hawke of the bréede of England called a Niesse Goshawke Tasset Lanner or Lameret Take Hawkes egges take Hawkes or driuc them away 11 H. 7. ca. 17. If any Artisicer Labourer or other Lay man not hauing lands or tenements of forty shillings by yeare or any sprituall person not aduaunced to ten poundes liuing by the yeare haue kept greyhound hound or other dogge to hunte or vsed firrets nets or other engines to take or destroye Déere Hares Coâ—es or other gentiemans game Dogges actts firrets 13. R. 2. 13. If any person haue traced killed and destroied any Hare in the snowc Trace hare 14. H. 8. ca. 10. If any person whatsoever haue taken or killed any phesants or Partriches with any maner of nette or other deuise whatsoever vpon the fréehold of any other without speciall licence or in the night time except it were vnwillingly by lowbelling or tramelling who also did then there presently let them goe againe Dr if any person haue hawked or with his spaniels hunted in any grounde not being his owne where any corne or graine did then growe or before it was shocked or copped without the consent of the owner of such corne or graine Take phefants or partriches Hauking in corne II. H. 7. ca. 17 23. El. ca. 10. If any person haue by him selfe or an other sold any marchandizes or wares so any other and haue within thrée monethes next after that by him selfe or by any other bought the same or any part thereof againe uppon a lesser price knowing them to bée the same Dr if any person haue by any corrupt bargaine mortgage or other meanes taken in gayne abouc the rate of ten pounds for the hundred for one whole yeares forbearance and so after that rate for more or lesse Vsurie 37. H. 8. ca. 9 13. El. ca. 8. If any haue within these two yeares forstalled regrated or ingrossed vnlawfully A Forstaller is he that buyeth or causeth to bee bought or maketh courract or promise for the hauing or buying of any victuall or wares comming by land or water towards any faire or market to be solde or comming from beyonde the Seâ— towards any Citie port Hauen Creeke or Roade of this Realme to be folde before the same shall be in the Faire or Market Citie Port or Hauen ready to be solde Or that by any meanes maketh motion to any person for enhauncing the price of the same Or that doth ' disswade moue or stirre any person Forstallers Regrators Ingrossers Forstaller comming to the Market or Faire to forbeare to bring any of the same to any Faire Market Citie Port or Hauen to besolde A Regrator is he that regrateth or getteth into his possession in any Faire or Market any corne wine sishe butter cheese candles tallowe sheepe lambes calues swine pigges geese capons hennes chickens pigeons conies or other deade victuall whatsoeuer brought to any Faire or Market to be solde and selIeth the same againe in any Faire or Market keps there or within foure miles thereof Regrasâ—â— An Ingrossor is he that ingrosseth or getteth into his handes by buying contract or promise taking other than by demise lease or grauÌ„t of land or of tithe any corne growing in the sieldes or other corne or graine butter cheese sishe or other dead victuall with in England to the intent to sell the same againe Ingrossorâ— But such as buye barlye or oates without forstalling turne the same into malte or oatemeale and sell it againe and such victualler of all fortes as buy victuall without forstalling and sell it by retail againe and Badgers and Drouers being lawfully licenced and not abusing their licences are excepted So be all buyers of wines oyles spices and other forrein victualls brought from beyond Sea hither except fishe and salte onely 6. Ed. 6. cap. 14 5. Elizab. cap. 12 13. Elizab ca. 25. If any person haue within these two yeares bought corne in any Fayre or Market for chaunge of his séede hauing then sufficient for his house and for sowing his groude for a yeare and did not bringe this ther if he might so much as he did so buye and did not the same day sell it after the price then going Seede corne 5. E. 6. ca. 14. If any person haue within these two yeares bought Dxen konts Stéeres kyen Heyfares Calues Shéepe Lambes Goates or Byddes liuing and solve any of the same
Touchyng the abyding places and collections for the poore there is no generall order taken in the Shire of Kent 14. Elizab. cap. 5. Poore If the Churchwardens of any Parish haue not euery Sonday leuied the money for reliefe of the prisoners in the Gaole and one in euery Quarter payd it to the Constable of the Hundred Or if that Constable haue not at euery Quarter Sessions payed ouer the same to the Collectour thereto appointed Or if such Collectour haue not wéekly distributed the same for reliefe of the said prisoners 14. Elizab. cap. 5. Prisoners releeued As touching stocks and store of c. for the working poore or houses of correction for the ydle poore c. little is done in this Shire as yet but for the most parte left to the Parishes Poore setto worke 18. Elizab. ca. 3. If any person aboue sire yeres of age except Maydens Ladies Gentlewomen Nobles Knights Gentlemen of twetie marks by yeare in lands and their heires and such as haue borne Office of Worship haue not worne vpon the Sonday and Holiday except it be in the time of his frauaile out of the Citie Towne or Hamlet where hée dwelleth vpon his head one Cap of wooll knit thicked and dressed in Englande and onely dressed finished by some of the trade of Cappers 13. Eliz cap. 20. Cappes If any man borne within the Quéenes dominions except it be the sonne and heire apparant of a Knight or the sonne of one of higher degrée or suche as may dispende twentie pounds in lands by yearre or reuenues rr poundes in landes by yeare or reuenues for life or bée worth two hundreth poundes in goodes or haue béene head Officer in anye Citie Borough or Towre Corporate or bée the Quéenes seruaunt in ordinarie and wearing hir liuerie haue worne anye manner of Silke in or vppon his Hat Bonet Nightcappe Girdle Scabbarde Hose Shooes or Spurre leathers And if any person knowing anye seruant of his to offend herein haue not within fourtéene dayes nexte after such knowledge put him out of seruice if he were no Apprentice or hyred seruaunt and if he were then if he haue not put him awaye at the end of his terme or if hauing putte him awaye therefore he have retained him againe within one yeare nexte after that offence 1. 2. Phil. Mar. cap. 2. Silke The Statute of Apparell made 24. H. 8. cap. 13 is not thoughte altogither so méete for this time as it may appeare by some Proclamations Published If any Bridges in the high wayes béeing out of the Cinque Portes and members thereof bée broken or decayed to the annoyance of Passengers and if yea then what Hundred Citie Towne Parishe or person certaine or bodie politique ought of right to repaire or amende the same 22. H. 8. cap. 5. Bridges If the Constables and Churchwardens of anye Parishe haue not in Easter wéeke called their parishioners togither and appointed ouerséers of the works for amendment of the high wayes leading to anye Market or haue not appointed the fire daies for that worke and if any suche ouerséers haue refused that charge Highwayes If any person hauing a Plowe lande in tillage or pasture or kéeping a draught or Plowe have not found thereto one Waine or Cart furnished to worke eight houres euerie of the saide dayes Or if any other person béeing assessed in Subsedie to fiue pounds in goods or forty shillings in lands have not likewise founde two able men Or if any other housholder or Cotager have not by him selfe or an other so wrought euerie of the same daies If the Hedges Ditches Trées and Bushes in and on eache side of any suche high waye bée not kepte lowe scowred and cutte dowene by the owners of the groundes adioyning If anye such ouerséer haue not within one moneth after any of the said offences done presented the same to the next Iustice of the Peace And if any person occupying lande adioyning to anye suche high waye haue caste the scowring of anye ditche thereof into the high may If any Ouerséers Constables or Church-wardens haue not leuied the forfaitures for the offences aforesayde and employed them upon their saide high wayes and accoaâ—â—ed thereof 2. 3. Phil. Mar. cap. 8 5. Eâ—zab cap. 13 18. Elizab. ca. 9. If anye person haue for lucre mainâ—â—â—ned or place of bowling coyting closhe caâ—les tennis dicing tables carding shoue-groate or any other game prohibited by anye former Statute as footeball and casting of the stone or any other vnlawfull â—â—me game now inuented If any Artificer of anye occupation or any husbandman Apprentice Labourer seruaunt at Husbandrie Iorneyman or any seruaunt of Artificer or anye Mariner Fisherman Waterman or Seruingman other than of a Noble man or of him that may dispend one hundred pounds by yere playing within the precinct of his Maisters house haue played out of the Christmasse at any of the sayde unlawfull games or in the Christmasse out of the house or presence of their Maister 33. H. 8. ca. 9 vide 12. R. 2. ca. 7. 8. 10. Vnlawful gaâ—â—â— If any person haue shot in vsed or kept any Handgun but such as is in stocke and Gun one yarde long or any Hagbut or Demyhake not being 3. quarters of a yard loÌ„g Crossebowes and Gunnes If any person not hauing one hundreth poundes reuenue by the yeare haue carried in his iourney anye Crossebowe bent or Gun charged vnlesse it bée to the Musters If anye person haue shotte at large other than at a Butte or Banke of earth in place conuenient at any thing with any Gunne in any Citie Borrough or Market Town or within a quarter of a mile of anye of the or haue commaunded hys seruaunt to shoote in Crossebow or Gunne at any thing other then a Butte or Banke of earth Or if anye person not hauing a hundreth poundes by peare or not dwelling within fiue miles of the Sea coaste or not dwelling in a house two furlongs distant from anye Citie Borough or Towne doe kéepe or haue in his house any Crossebow 33. H. 8. c. 6. If any person having a hundreth poundes by yeare and hauing seised any Crossebowe or Gun by vertue of this Acte haue not broken the same in pieces within 20. dayes next after such seisuret ibid. If any Merchaunt Straunger being of any Countrie from whence Bowestaues haue bene sent into this lande haue not for euerie Tunne weight of burde that hys vessel contayneth brought hyther foure Bowstaues 12. Edward 4 cap. 2 33. Henrie 8. ca. 10 37. H. 8. ca. 7. and for euerie Butte of Malmesie tenne Bowstaues 1. R. 3. ca. 11. If anye man being the Quéenes Subiect and not hauing reasonable cause or impediment and being within the age of firtie yeares except spirituall men Iustices of the one Bench or other Iustices of Assise Barons of the Escheaquer haue not a long Bow and Arrowes readie in his house or haue not vsed
he and they whose estate he hath in the Manor of Dale haue bene Conseruatours within the Hundred of Sale either all the yeare or onlie at one certaine time of the yeare And as hée may prescribe in the power it selfe so also may he in the maner of the exercise of the same as that they haue vsed to take the Suertie of Peace by obligation pledge or Caution so also in the maner of the Processe therefore as to Distreigne and to sell the distresse Mar. But all this is to be doubted of because that in the opinion Of Brian and Pigot 21. E. 4. 67. 22. E. 4. 35. the Maior of Dale cannot prescribe to be a Conseruatour or to commaunde Suertie of the Peace to commit to prison for an affraie in his presence vntill such suertie be found Furthermore euen as the shirifes were auntientlie chosen and as the Coroners yet bée So also certaine persons were wont to be elected Conseruatours of the Peace in the full Countie before the Shirife and of this kinde I my selfe haue séene certaine Recordes in Rotul patent de Anno. 5. E. 1. running in this course By ElectioÌ„ First a Writte to the Shirife of Norfolke commaunding him to choose in his ful CouÌ„tie unum homâ—nem de probioribus potentioâ—â—bus Comitatus sâ—â— in custodem pacis Then an other Writte directed Balliuis fidelibus of the same Countie giuing vnto theÌ„ notice of the former Writte to the ende as it séemeth that the Bailies should warne the men of the Countie and that they should appeare at the Countie Court to make the Election And lastlie to the Conseruatour elected this Writte following Edwardus dei gratia Rex Angliae Dominus Hyberniae dux Aquitaniae dilecto fideli suo Iohannt le Bretun Salutem CuÌ„vicecomes noster Norfolc et coÌ„munitas eiusdem comitatus elegerit vos in Custodem pacis nostrae ibidem vobis mandamus quod ad hoc diligenter intendatis prout idem vicecomes vobis scirifaciet exparte nostra donec aliud inde praeceperimus In cuâ—us rei c. Datum per manum venerabilis patris F. Bathon Wellen. Episcopi Cancellarij nostri apud Cest secundo die Septemb. Annoregni nostri quinto Touching the conseruation of the Peace by Tenure of Land M. Marrow putteth this case If the King graunt vnto a man landes to holde of him by Kinghtes seruice and to be a Conseruatour of the Peace in a Countie he is a Conseruatour by Tenure agreably wherevnto saith an Inquisition founde at Chester An. 4. E. 2. after the death of one Vrianus de Sancto Petro inter alia thus By Tenure Touching the ... Quòd idem Vrianus tenuit de Domino Rege in capite in dominico suo vt de feodo die quo obyt Medietatem Seriantiae pacis per seruitium inueniendi decem serutentes pacis ad Custodiam pacis in Cestr pro qua quideÌ„ custodia antecessores sui percipere solebant xxx â— per annum ad scaccarium Cestr pro Mantellis dictorum decem seruientum c. These sortes and some others which M. Marrow reciteth and whiche I wanting Recordes to warrant them do omitte I cal Ordinarie Conseruatours of the Peace bycause thier auctoritie was then Ordinarie alwayes one and the same wel ynough knowen Extraordinarie conseruatours But the Extraordinarie Conseruatour as he was endowed with an higher power so was he not ordinarilie appointed but in the times of greate troubles onlie much like as the Lieutenaunts of shires are now in our dayes And he had the charge to defende the coasts and Countrey both from forraine and inwarde enemies and might commaund the Shirife and all the Shire to aide and assiste him as it may well appeare by this Patent remayning of Record in the Tower Rotul Patent de An. 49. H. 3. made by that king or rather in his name by Simon the Earle of Leicester whose prisoner he then was Rex Iohanni de Plesset salutem Cùm nuper de consilio Magnatum qui sunt de consilio nostro constunerimus vos custodem pacis nostrae in comitatu Northumb. ac vos tam landabiliter circumspecte in officio illo gesseritis quod probitatem ac diligentiam vestram merito duximus recommendandam adhuc necesse sit sicut intelleximus quod ad tuitionem partium illarum conseruationem pacis nostrae èìdem officio intendatis vobis de consilio Magnatum praedictorum mandamies firmiter iniungentes quatenus omnem diligentiam quam poteritis adhibeatis ad pacem nostram conseruandam in partibus praedictis in forma qua vobis aliâs iniuÌ„ximus MaÌ„dauimus enim Vic nostro Northumb. quod quotiens opus fuerit à vobis fuerit requisitus cum toto posse sui comit vobis ad hoc assistat Nolumus autem quod praetextu huius maÌ„dati nostri de aliquibus quae ad officium vic pertinent vos intromittatis quo minus vic de exitibus eiusdem comit nobis plenè respondere valeat ad Scaccarium nostrum Teste Rege apud Westmonast xj die February Anno Regni sui quadragesimo nono And sundrie the like Patents were at the same time also made as to Iobn de la Haye to be Conseruatour of Kent and of the Sea coastes there to Ralph Baslet of Dravâ—on to be Conseruatour of Staffordshire and so to others for other Counties Of the first ordaining of the Wardeins and Iustices of the Peace by Statute Lawe CAP. IIII. After suche time as Queene Isabell contending with hir husband King Edwarde the second was retourned ouer the Seas into England accompanied with hir Son Prince Edward called afterward the thirde King of that name and with Sir Roger Mortymer and such others of the Englishe Nobilitie as had for the indignation of the King fledde ouer the Seas vnto hir She soone after gotte into hir handes the person of the olde King partlie by the assistaunce of the Henâ—lders that the brought with hir and partlie by the aide of such other hir friends as the found readie here and immediatelye caused him by forced patience to surrender his Crowne to the young Prince And then also for as muche as it was not without cause feared that some attempte would be made to rescue the imprisoned King order was taken that he should be canueyed secreatelie and by night watches from house to house and from Castle to Castle to the ende that his fauourers should be ignorant what was become of him Yea and then withall it was ordained by Parliament in the life time of that deposed King and in the varie first entrie of his sonnes raigne 1. E. 3. ca. 15 That in euerie Shire of the Realme good man and lawful which were no maintainers of euill nor Barrettours in the Countrey should bee assigned to keepe the peace which was as much as to say that in euerie Shire the King himselfe should place speciall eyes and watches ouer the common people that
seale in the name and by the auctoritie of the King and his heires Kings of the Realme in all Shires Counties Palatine and other places within his dominions So that now againe al Iustices of the Peace at this day except the Archbishop of Yoke and the Bishops of Durham and Elâ—e their temporall Chauncelours for the time being whiche are seuerallie by that verie Parliament auctorised to be Iustices of the Peace within the libertie of Hexam the Byshopricke of Durham and the I le of Elte and except the Iustices of Peace within the Countie Palatine of Lancaster which also are by prouision in the same Statute to be made vuder the Kings vsual seale of the same Ducâ—â—e be ordained by the meane of the greate Seale and ministerie of the L. Chauncelour that hath the charge of the same but yet so that some of them be made by Letters Patents vpon speciall sute to the Queene and by hir bill assigned and other some by Commission of CoÌ„mune Cource that resteth in the dispensation of the L. Chauncelour Two sortes of Iustices of the peace They of the firste sorte be of some called Indiciall Iustices and Iustices of themselues for that the Queene can not discharge them at hir will and pleasure but they are to continue and to enioy Inrisdiction so far foorth as their Patent of graunt doth enable them Mar. By graunt And therefore if the Queene do graunt vnto aÌ„maÌ„ to be a Iustice of the Peace during his life within a certaine precinct without any further wordes he shall continue such a Iustice during his life and shall haue al that power that a Wardein or Conseruatour of the Peace had and perhaps such power also as is gyuen so a Iustice of the Peace by expresse wordes in any Statute but the shal not haue all that power which is ordinarily giuen so the Commissioners of the Peace by their Commission Mar The Maiors and other heade officers of manie Cities corporate Townes be Iustices of this kinde at thys daye by grauntes of the Queene hyr progenitors Those other Iustices of the Peace which deriue their power from the Commission be called Commissioners of the Peace and doe differ from the other in this point speciallie that they be Iustices during onely the Queenes life and in hir life during only hir owne will and pleasure as you shall hereafter see at large By Commission These as I said bée now at thys day appointed by discretion of the Lord ChauÌ„celour but whether the King himselfe did at the firste nominate them as he did those whiche were made by Graunt or else did leaue the choice of them to the Lord Chauncelour alone or to him and others it hath some shew of question CoÌ„missioners of the Peace appointed by the Lord Chauncelor It is true that in the Parliament holde at Canterburte 12. R. 2. ca. 2. which happened shortlie after that Michael de la pole had bene remoued from that place and after the troublesome Parliamente of the eleauenth yeare of that kings raigne It was enacted that the Chauncelour Treasorer and keeper of the priuie Scale the Steward of the kings house the kings Chamberlaine the Clerke of the Rolles now called Master of the Rolles the Iustices of both Benches the Barons of the Escheaquer and others that shoulde be called to the naming of the Iustices of the Peace Shirifes Eschactors Customers Controllers and other officers should be sworn to doe the same faithfullie and without affection But whether the meaning of that Statute were that they all should be continually present togither at the nomination of all suche officers and whether that Statute were made but for that busy time only it may well be doubted For againe vppon fault founde as it shoulde séeme that the Commissioners of the Peace were made of persons insufficient and dwelling in forraine CouÌ„ties it was enacted 2. H. 5. Parl. 2. ca. 1. that from thencefoorth they should be assigned by the aduise of the Chauncelor of the kings Counsel which wordes may be taken to sounde as though they hadde bene named before by the Lord Chauncelor alone yet may they indifferentlye be extended either so adioine the aduise of the kings counsell to the Chauncelour or the aduise of them both vnto the king him selfe This is out of al dout that 18. H. 6. ca. II. did take order that vpon knowledge giuen to the Chauncelour of England by any appointed to be a Iustice of Peace that he had not lands to the value of twentie pound by years the Chauncelor himselfe should put an other sufficiente in his place And for want of sfficient men hauing lands of that value learned in the Law and good gouernaunce that the Chauncelour of England for the time being shold haue power by his discreation to put into the Commission other discrete persons learned in the Lawe thoughe they had not landes to that value And albeit this credite were here giuen vnto him in these particular cases onlie yet it may wel be thought that he had bene before and shoulde be afterwarde trusted with the choice of all the Commissioners of the Peace generallie where of there is greate presumption also euen vpon the Statute 3. E. 6. ca. 1. that mentioneth that the nomination of the Custos Rotulorum being a verie speciall Iustice of the Peace hadde of long time before belonged to the Office of the Chauncelour till vpon some occasion it was take from him by the Statute of 37. H. 8 ca. 1. and therefore was then restored to him againe VVhat manner of men the Commissoners of the Peace ought to bee CHAP. VI. IN the choice of the Wardeins and Iustices of the Peace the Statute lawes haue respecte to the manners and abilitie or liuelihoode of them all and to the skil and learning of such as are speciallie selected and therefore named of the Quorum For Gardeins of the Peace ought to bee good men and lawfull no maintainers of euill nor Barretours in the Countrey or as some Bookes haue it no mainetainers of euill Barretours in the Countrey 1. E. 3. ca. 15. Men of the beste reputation Meultz vailantz most substantiall or of moste valour shall be assigned keepers of of the Peace 18. E. 3. ca. 2. 17. R. 2. ca. 9. In euerie Countie for safegarde of the Peace shal be assigned one Lord and with him three or foure of the Mieultes vanees most valiant men of the Countie togither with some Sages of the lawes 34. E. 3. ca. 1. And after some troubles in the time of K. Richard 2. it was enacted that none shal be made Iustice of the Peace for any gift brocage fauour or affection nor any which sueth by himselfe or any other priuilie or openly to be a Iustice of the Peace shall bee admitted to that office 12. R. 2. ca. 2. And of some special policie the also enacted ca. 10 of the same parliamet that no Steward of any
Lord should be assigned in the Commission of the Peace 12. R. 2. ca. 10. Yet in the Parliament of the next year ca. 7. it was ordered that notwithstanding that clause of the former Statute Iustices of the Peace should then bee made of newe in all places of the most sufficient Knightes Esquires and men of law Againe Iustices of the Peace especiallye those of the Quorum from hencefoorthe shall be made of the most sufficient persons dwelling in the Countie without taking any others dwelling in forraine Counties except the Lords Iustices of both Benches Iustices of Assise the chiefe Baron the chiefe Stewards of the duchie of Lancaster the Seriants and the kings Attorney 2. H. 5. Parl. 2. ca. 1. Lastly for that contrarie to these former Statutes men of smal substaunce had crept into the Commission whose pouertie made them both couetous contemptible a newe law was published to this effect following None shal be assigned Iustice of the Peace if he haue not landes or tenementes to the value of twentie pounds by the yeare And if any be otherwise appointed he shal within a moneth after notice of the Commission and vnder the paine of twentie pounds and to be put out of the Commission giue knowledge of his not hauing such lands or tenements to the Lord Chauncelour who shall put an other person sufficiente in his place And the like paine is if he sit or make warrant or anye precepte by force of the Commission But this extendeth not to Cities Boroughes or Townes that be CouÌ„ties of themselues or that haue Iustices of Peace dwelling in them by Commission or graunt of the king Nor to such Counties where there be not men sufficient hauing landes or tenements to the value aforesaid learned in the lawe and of good gouernaunce naunce for then other discrete persons learned in the Lawe maye by the Lorde Chauncelour bee putte in the Commission 18. H. 6. ca. 11. Now although this portion of twentie pounds a yeare be not at this day in account aunswerable to the charge and countenance fitte for a Iustice of the Peace yet who knoweth not that at the making of this Lawe it was farre otherwise And I do not doubt but as the rate of all things is greatlye risen since that time so is there also good care taken that none he nowe placed in the Commission whose liuinges be not increased according to the same proportion And thus our Parliaments entending to make the Iustice of peace an able Iudge doe require that he come furnished with thrée of the principall ornamentes of a Iudge that is to saye with Iustice Wisedome and Fortitude for to that summe the words Good Learned Valiant do wel amounte And aboue all that he loue feare God aright without whiche he can not bée â—â—ounted Good at all How manie Commisioners of the Peace there ought to be in each Countie CAP. VII THE number of the Wardeins of the peace was not limitted untill that the Statute 18. E. 3. ca. 2. ordenined that there shuld be two or thrée in each Countie And bycause it was founde within a few years experience that this number suffised not for the gouernaunce of the Countrie therefore by an Acte made 34. E. 3. ca. 1. it was further prouided that in euerie Shire one Lorde and with him thrée or foure of the Best in the Countie and some learned in the Lawes shoulde be assigned for kéeping of the Peace and to restraine offendors In execution of whiche Statute there was amongst many other one Commission for Kent awared 35. E. 3. to Robert Herle Iohn Cobham Roger Northwood Ralph Ireningham Thomas Lodelowe Robert bert Vintar Iohn Barry and Thomas Hartrege But as it falleth out many times that euill examples doe followe of good lawes So here it came to passe that whilest the Parliament prouided an increase of Officers to restraine offendors ambition so multiplied the number of those Iustices that it was after warde high time to make a contrarie lawe to diminish them And therefore by the Statutes 12. R. 2. ca. 10. and 14. R. 2. ca. II. it was prohibited that there should not bée any moe than sire Iustices of the Peace in any Commission besides the two Iustices of Assise and certaine Lordes that were assigned in the Parliament itselfe And for the better restrainte of the increase of them in time to come it was also then further enacted that no Assotiation shoulde bée made to the Iustices of Peace after their firste Commission 12. R. 2. Ca. 10. Which lawe although it bée not abrogated till this day yet it was loÌ„g since cluded by making of newe Commissions that had more new Iustices thrust in to them And truelie it séemeth to me that togither with the like ambitious desire of bearing rule in some the growing number of the Statute lawes committed from time to time to the charge of the Iustices of the Peace hath bene the cause that they also are nowe againe increased to the ouerflowing of each Shire at this day Verie many Iustices of Peace at this day For if Hussey the chiefe Iustice 1. H. 7. 3 thought that it was ynough to loade all the Iustices of the Peace of those dayes wyth the execution onelie of the Statutes of Winchester Westminster for Robberies and Felonies the Statute of Forcible entries the Statutes of Labourers Vagaboundes Liueries Maintenaunce Embracerie and Shirifes Then how many Iustices thinke you many now suffise without breaking theyr backes to beare so manie not loades but Stacks of Statutes that haue since that time bene laide vppon them To dispute whether it be better to haue manye or few Iustices of the Peace in each Shire if all putte in were able for the place is a noble question worthie of a higher consideration and therefore it becommeth not mée to enter into it Iustices of Peace be ouerladen with Statutes The forme of the Commission of the Peace CHAP. VIII For as much as al the auctoritie and power of the Commissioners of the Peace floweth out of theyr Commission and the Statutes as it were out of two Principall springs or fountaines it is nowe time to vnfolde the Commission it selfe and to sée what is contained in it Two fountaines of the power of Iustices of the Peace ELizabetha Deigratia Angliae Franciae Hiberniae Reginae fidei defensor c. Praedilecto fideli Edmundo Cantuar. The saluâ—â—tion Archiepiscopo c. Necnon praedilectis Thomae Bromley militi domino CaÌ„cellario Willihelmo domino Burghley Thesauriario c. saluté SCIATIS quòd assignauim'vos coniuÌ„ctim et diuisim adpacem nostraÌ„ ac ad Statuta ordinationes apud Winton Northampton Westmonasterium pro oonseruatioâ—e pacis ciusdem Necnon ad ordinationes ibidâ— apud Cantabrigiam de venatoribuu operarys artificibus seruitoribus hostellarys mendicantiê° vegabundis alys hominiê° mendicaÌ„tiê° qui se nominant Trauailing men Et similiter ad Statuta ordinationes
of them at the firste Precept retournable and at the seconde fourtie shillings and at the thirde fiue pounde and at euerie daie after the double And euerie Shirife of Countie and Bayly of Fraunchise that shall not duely make execution of the saide Precepts shall forfaite to the King twentie poundes for euerie defaulte and shall moreouer make fine and raunsome to the King And aswell the Iustices or Iustice aforesaid as the Iustices of Assises may heare and determine such defaultes of Shirifes or Baylies aswell by Bill at the suite of the partie grieued for him selfe as for the King onely by way of Enditement and vpon suche due attaynder he whiche sueth for himselfe and for the King shall haue the one moietie of the saide twentie poundes togeather with his costes and expenses and suche Processe shal be agaynst suche so attaynted as lieth against anie person endited or sued by writte of Treapasse with force and Armes against the Peace And the Maiors Iustices of the Peace Sherifes and Baylifes that are in Cities or Bourowes hauing fraunchise shall haue like power in the articles aforesayde as the Iustices of Peace and Shirits in the Counties haue But they which kepe by force their poffessions in any lands or tenements whereof they or their auncesters or they whose estate they haue therein haue continued their possession in the same by three yeares or more shall not be endamaged by this Statute This last Statute I have the rather exemplified at large because it contayneth a full direction in this businesse yet because I have séene some other things that â—ende to some little explanation of some of the pointes of the same which be good to be considered of I thinke that they also may be well bestowed here This Statute therefore enableth any one Iustice of the Peace to deale in this matter upon occasion geuen and is made as well against such as enter with force as against those that enter Peaceablie and then holde in with force But whether the Iustice be bounde to ermine the goodnesse of his title that entreth and accordind to the same to make or deny restitution it hath bene oft times made a question which surely in mine opinion shoulde carrie no great doubt with it For séeing that the Statute 5. R. 2. cap. 7. prohibited all entries with force although they were otherwise lawfull and the Statute 15. R. 2. ca. 2. rehearsing the same geueth authoritie to euerie Iustice of Peace vpon any suche forcible entries presently to committe the offendors there found to the Caole and this Statute meaning to supplie some other defectes in the former geueth speciall remedie to the partie gréeued by the aide of the same Iustice by restoring of him to his possession againe I see not why the Iustice of Peace who perhappes shall haue but little skill in Lawe to discerne and iudge of the Litle and yet be a fitte man to suppresse all force and able enough to restore a possession shoulde be tyed to the discussing of the right or title of either of the parties And therefore 22. H. 6. 18. admitteth this case That if A. shoulde disseyse B. and B. shoulde enter agayne and put out A. by force and strong hande yet shoulde A. be restored to his possession at the handes of the Iustice of Peace although his first entire were very vnlawfull And that thereupon notwithstanding the restitution made B. may have an Assise or else may enter vpon him againe so as he doe it in peaceable manner And I doe little doubte but that a Lessée for years or a Copieholder beyng put out with force and the Lessor or Lorde disseised thereby the Lessée or Copieholder ought to haue restitution by the helpe of a Iustice of Peace upon this Statute Now whereas the wordes bée After complaint c. that dothe not alwaies inâ—orce a necessitie of Complaint by the partie grieued For if a forcible entrie bée committed the Iustice may inquire of it and also make restitution vpon any informacion or other knowledge thereof though no complaint be made vnto him by the partie gréeued as it is holden 7. E. 4. 18. Complaint It seemeth further that it should not bée altogither requisite to the punishing of the offenders by imprisonment and fine that the partie gréeued shoulde be actually put out of possession For all the saide Statutes doe specially prohibite the forcible cntrie it selfe yet to haue restitution vpon this Statute the putting out must néedes be founde also And therefore if the case be that after the death of A. a stranger entreth into his landes and holdeth the same by force against his heire before be had gotten any possession in déede the heire of A. in this case sayth Marr. shall neuer haue restitution because he neuer had any other possession than a possession in law but no actuall possession And by his opinion also If a man claimed a rent or common in lande that is so holden with such force that he can not distraine for the one nor vse the other this a force remoueable by this statute but the partie can haue no restitution here made vnto him One person alone may commit this forcible entrie so also may he be punishable for deteining of the possession by force Entring or holding with force And it séemeth that this entrie or deteyning must be with some offensâ—ue weapoÌ„s as with bowes billes swordes stones harnesse or such like yet Marr. is of opinion that if the Iustice of Peace come and finde the doores shut and they within denying him to enter this is a deteyning with force and he may thereupon commit them If it be founde that diuers persons haue made a forcible entrie to the vse and behouse of a stranger that is absent although he doth after agrée vnto it but entreth not him selfe this is no force in him for sayth 2. H. 7. 16. A forcible entrie can not be without an entring actually Enquirie The enquirie is to be of Iurours that must have landes or tenements of the yearly value of xl s by yeare at the least aboue all reprises And Marr. is of opinion that if it be not so the partie grieued may stay the restitution for that cause But how he can hinder the restitution that the Iustice of Peace is to make vpon such a verdit otherwise than by causing the record thereof to be remoued into the Kinges Benche I doe not well perceiue After the forcible entrie or the deteyning with force or both be founde by the enquest the Iustice of Peace ought either by himselfe to put the partie grieued in possession againe or els he may direct his precept to the Shirife to restore him Restitution But if that Iustice of the Peace which made the enquirie doe happen to dye before he make restitution whether the other Iustices of the Peace may at their Quarter Seassions hauing the recorde of that Enquirie deliuered vnto them award a writ of
vnà cum posse comitatus tui sinecesse fuerit accedas ad mesuagium caetera premissa aceadem cum pertinentijs reseisiri facias prafatum C. D. ad in plenam possessionem suam inde prout ipse ante ingressum praedict fuer at restitui mitti facias iuxtra formam dicti statuti de ingressibê° manu forti factis editi prouisi hoc nullatenus omittas periculo incuÌ„bente Teste me prafato c I will now come to the performance of the promise which I made coÌ„cerning the statute of Northampton for that also is now of late dayes chiefly put in vre for the punishment of Forcible Cntries The execution of a Writ vpon the Statute of Northam That Law in effecte for this purpose is thus No man whatsoeuer except the Kings seruants and Ministers in his presence or in executing his precepts or their Offices and such as shall assistthem and except it be vpon crye or proclamation made for armes to keepe the Peace that in places where such actes do hape be so hardy to come before the kings Iustices or other his Ministers doing theyr offices with force and armes Nor bring any force in affray of the Countrie nor goe nor ride armed by night or by day in faires or Markets or in presence of the Iustices or other ministers nor in my place elsewhere vpon paine to forfeite his Armoure to the King and his bodie to prison at the Kings pleasure 2 E. 3. ca. 3. Vpon this Statute he that is put out or holden out of his land with force vseth to have at this day a Writ directed out of the Chauncerie eyther to the Shirife onely as M. Fitz in his Nat. Br. Fol 249. rehearseth it for I finde if not in the Register of Writs or else Custodibus pacis ac Vicecomiti coruÌ„ cuiliber as the common maner is commanding that Proclamation be made upon this Statute and that if any bée afterward found offending against the same that then they shall be committed to Prison there to remaine vntill that some other commaundement be given concerning them and that their armour and weapon shall be prised and the same aunsweared to the vse of the Ruéene But forasumuch as that Iustice of Peace to whome this Writ shall be delivered is to make execution of the same as a Minister onelie and is to Certifie hys dwing therein I thinke good to lend him these few helps towards it At his comming to the place where the force is supposed by this Writ he may cause the Oyes for silece to be made with this or such an other Proclamation The Queenes Maiesties Iustice of hir Peace straightly chargeth and in hir Maiesties name commaundeth all and euerie person to keepe silence whilest hir Maiesties Writ vpon the Statute made at Northampton in the 2. years of King E. 3. hir noble Progenitour deliuered to the saide Iustice be read and Proclamation be thervpon made accordingly Then may he reade the Writ as declare the effect thereof in English After that let the Oyes bée made againe and therevpon may this Proclamation follow Hir Maiesties said Iustice doth in hyr Highnesse name and by vertue of hir sayde Writte straightlye charge and commaunde that no manner of person of what estate degree or condition soeuen nowe being wythin the house of B. c. named in the said Writ shall goe armed nor keepe force of armour or weapon nor doe any thing there or elsewhere in disturbaÌ„ce of hir Maiesties Peace or in offence of the said Statute vpon the paines of loosing his said armour weapon of imprisoning of his bodie at hir Maiesties pleasure God saue the Qucene This done the Iustice may enter and search whyther there be any force of armor or weapon worne or borne againste this Proclamation or otherwise he may enquire thereof by a Iurie for so the Writ it selfe doth warrant him to do and if any such be sounde he ought to imprison the offendors and to seise and praise the armoure and weapon so fouÌ„d with them But if vpoÌ„ the Proclamation made they do depart in peaceable maner then hath he no warrant by the Writ to commit them to prison And what weapons be offensiue in the case of this Statute he shall the better discerne if he take with him these fewe lines drawen oute of M. Bractons Booke Fol. 162. where he speaketh of the like violent disseisine shus Est euam vis armata non solum si quis venerit cum telis verumetiam omnes illos dicimus armatos qui habent cum quo nocere possunt Telorum autem appellatione amnia in quibus singuli homines nocere possunt accipiuntur Sed si quis venerit sine armis in ipsa concertatione ligna sumpserit fustes aut lapides talis dicetur vis armat a. Si quis autem venerit cuÌ„ armis armis tamen ad deijciendum non vsus fuerit et deiecerit vis armata dicitur esse facta Sufficit enim terror armorum vt videatur armis detecisse But nowe let me shew him a Forme of Certificat or returne of this Writ into the Chauncerie and then make an ende Vpon the Writte it selfe these words may bée Endorsed Executio istius Brcuis patet in quadam Scedula eidem Breui consuta And the Scedule may bée thus EGo Wilhelmus Lambarde vnus IusticiarioruÌ„ pacis Dominae Reginae in comitatu Kanciae certifico in Cancellariam dictae Dominae Reginae quod virtute istius Breuis mihi primo deliberati publicè proclamari ex parte dictae Dominae Reginae feci apud B. cuius in dicto Breut sit mentio tali die c prout in dicto Breui praecipitar Et quod quidam A. C. D. E. de F. in comitatu praedicto Laborers praedictam proclamatioâ—e paruipendentes post proclamationem sic factaÌ„ armatiiuerunt ac armatam potentiam duxeruÌ„t scilicet duas galeas vnum arcum decem sagittas duos gladious totidem pugiones in perturbationem pacis dictae Do. Reginae ac terrorem popule sus necnon in contemptum Statuti in dicto Breui specificats manifestum Ac proinde dict A. C. D. E. vna cum armataris fuis arrestaui ac seisiui corum corpora adproximam prisonaÌ„ dictae Dom. Reginae in comitatu praedict duci feci ibidem moratura donec aliud à dicta Dom. Regiâ—â— Proipsorum deliberatione habouero in maÌ„datis Armatur as etiam corum praedict appretiari feci per A. B. C. D. E. F. de B. praedict Yeomen ad hoc iuratos qui dicunt quod praedictae duae galeae valent x. s Et quod dict arcus 10. sagittae valent vj. s Et quod gladij praedict valent xx s Et quod dictae pugiones vgalent v. s sic quod armaturae praedict valent in tot xlj s de quibus paratus sum respondere secundum tenorem dicti Breuis In cuitus rei
or bicause of Enditement in trespasse and not beyng in for any condemnation execution vtlawrie excommunication suertie of the Peace or commaundement of any Iustice or for beyng a vagabound Or haue taken any Obligation by colour of his office but onely to him seife vpon the name of his office and vpon condition onely to appeare according to the Writte or Warrant Or haue taken for an arrest aboue twentie pence Or if he or any other minister haue taken any thing for making of any Returne or Pannell or aboue foure pence for the copie of a Pannell aboue foure pence for the saide Obligation or for any warrant or precept Or anie Baily aboue foure pence for making any arrest or the Gaoler aboue foure pence vppon the committing to his warde of any person arrested or attached 23. H. 6. ca. 10. If any Shitife or other his minister haue arrested or imprisoned or caused any fine or raunsome or amerciament to ' bee leauied of any person by reason of any priditment or presentment made in the Shirifes turne or lauway witout processe from the Iustices of peace for the same first obtained Dr haue not brought in such enditmets and presentments to the Iustices of the Peace at their next Sessions Shirifes arresting or leauying fine for Enditements in his turne 1. E. 4. ca. 2. If any Shirife or any his ministers haue entered into his booke any plaintes in any mans name not being present in the Court either in his owne person or by sufficient and honest Attourney or Deputie Fr haue entred anye moe plaintes than the plaintise supposeth that he hath cause of action for or haue leaused the Shire amerciaments without booke endensed betwene them and two Iustices of the Peace Dr if the Baylie of the Hundred haue made default in warning or executing any warrant against any Desendant in the Shirifes Court Shirifes entring of plaintes and leauying amercements Bailie seruing warrant 11. H. 7. ca. 15. If any Shirife or his minister haue leauied any the debtes of the â—uéene without shewing to the parties the Cstreates of the same vnder the Seale of the Creates Shirifes must shew the Estreats vnder the Eschequer seale 42. E. 3 ca. 9. If any Shirife or Gaoler have denied to receaue felons by the deliuerie of any Cons tables or towneshippes or haue taken any thing for receiuing of such Shirife and Gaoler 4. E. 3. Ca. 10. In liberties the Baylifes Stewards and other ministers there haue like fées and punis hmentes for extortion as Shirifes and their minister haue out of liberites 27. H. 8. cap. 24. Fees in liberties If any Corner haue refused to doe his office vpon the views of a beade body by misadventure without taking any fée therefore Coroner â— H. 8. ca. 7. or haue taken vpon the view of the bodie of a man flayne or murdered aboue thirtéene shillings foure pence of the goods of the flaier or murderer if he had goods or otherwise of the towne where he was flaine in the day time and was suffered to escape 3. H. 7. ca. 1. If any Didinary or his Scribe or Register haue taken moe or greater fées for the probate of a Testament or for Letters of administration than he ought to take that is to say fire pence for the Scribe for writing the probate of a Testamente that shall be brought written in parchment and likewise fire pence for the Administration where the goods of the Testator or Intestate be not aboue fiue poundes Ordinary If the goods be avoue fius pounds and not aboue fortie poundes then two shillings fire pence for the Drbinarie â— twelue pence for the Scribe If they excéede fortie pouds then two thillings fire pence for the Drdinarie and two shillings fixe pence to the Scribe or else one penny for euery ten lines at ten inches length at the Scribes election the like shall be giuen for euerie copie of a Testament or Inuentarie or else after the rate of lines as before 21. H. 8. ca. 5. If the Drdinarie haue cited any man to beare witnesse in the Spirituall Court Dr haue exacted any Dth in any cause other than Testamentarie or Matrimoniall If any Parson Vicar or Curate haue taken aboue iiâ— pence for entring in the Church booke the licence of a sicke peron to eate sleth vpon the Wednesdayes 5. Elizab. ca. 5 Dr aboue two pence for registring of a Testime niall of any seruaunt departing from one place to an other Parson Vicar Curate 5. Elizab. ca 4. Quaere If the taking of Mortuaries or corps pres ets against the Stature 25. H. 8. C. 6. be extortioÌ„ or no. If the Clearke of the Peace haue taken aboue twelue pence for the inrolling of the bargaine and sale of any lande not excéeding fortie shillings by the yere or aboue two shillings fire pence if the lande excéede that value by the yeare 27. H. 8. ca. 16. Clearke of the Peace Dr if the Clearke of the Peace haue taken aboue two shillings in all for any licence and Recognusance of a Badger Drouer Kidder or Lader and for the registring therof 5. Eliz. ca. 12 Dr haue sake aboue twelue pence for a Recognusance of him that tabath a Roge into his seruice for one yeare 14. Elizab. ca. 5. If the Clearke of any Iustice of Peace haue taken aboue twelue pence for any Recognus ance of an Alehouse kéeper or Tippler 5. E. 6. ca. 25 If the Clearke of the market hath taken any commen fine to dispence with 〈◊〉 hath ridde with â—â—oe than fire horses or hath taried longer in the countrie than the necessity of his businesse required Clearke of the market 13. R. 2. ca. 4. If any Officer haue in any Toâ—vne taken Stauage or Shewage the is to say any thing for the shewing of wares or Marchaundise that be truely custonied to the Queene before 19. H. 7. ca. 8. If the Maior of this Towne of Maidstone and so of other Townes in other Shires haue taken aboue f. 〈◊〉 for sealing a Bushell measure or aboue ob for any other measure or aboue f. D. for sealing C. weight or aboue ob for halse C. weight or aboue a farthing for a my lesse weight 7. H. 7. ca. 3 11. H. 7. ca. 4. Sundrie other sees of Officers there be as of Alnageours Gaugeors Sergeaunts at Aimes and whereof there is not so common vse therefore I omit them If any Purueyour of the Quéenes Maiesties haue taken any thing of the value of fortie shillings or vnder without ready payment therefore made If any Constable or Borsholder haue not vpon request made assisted the owners to refist the purueyours so taking And if any of the Quéenes Officers haue procured any to be arrested or vered for such resistance 20. H. 6. ca. 8. Purueyours If any Purueyour haue taken or selled any timber trées méete to be backed but onely in barking time except it were for the