not to remove them â—am 145. To take a man being out of his house and â—mprison him and in the mean time to send â—nother peaceably to enter is no force Lam. â—46 Dal. 201. He that only agreeth to a forcible entry made to his use is only disseisor Dal. 204. What shall be said a forcible detainer Forcible detainer is of lands and tenements not of the person Lam. 146. Dal. 201. If entry be peaceable and the detainer forcible it is punishable except quiet possession had been had for three years Dal. ibid. To deny a Justice of Peace to enter upon supposal of a forcible detainer is forcible detainer though it be but by one person and no weapons shewed Dal. ibid. P. R. 41. Lam. 145. Cro. 70. b. nu 40. If the Justice enter and findeth any armed or any armour or unusual weapons lying by them or finde more then the ordinary family Lam. 145. Dal. 202. To enter peaceably and after to bring in more weapons or use the weapons found in the house to defend his possession or place some with weapons in an house adjoyning ready to assail the enterers Lam. 145. Dal. 202. The disseiser forestalleth the way of the disseised with force so that he dare not come near Dal. 202. Lam. 145. Cro. 69. b. nu 26. To keep cattel by force where he hath no common the Justice may imprison and fine but not make restitution Dal. ibid. Cro. â—â— P. R. 39. To detain a house morgaged by force frâ—â— the morgager is forcible detainer Dal. â—0â— What is forcible detainer by wordâ— To enter peaceably and after to threâ—â— to kill the disseised if he come again Dâ—â— 202. Lam. 146. It seemeth to amount to a forcible detaineâ— to threaten to maim beat or do bodily huâ—â— to the disseised if he come again Dal. ibid for that death may ensue upon such beating or hurt What is no forcible detainer One entreth peaceably into a house and finding armour or weapons doth not remove them Lam. 145. What is not force able detainer by word To threaten to burn his house or spoile his goods to deny to open the doors to deny to go out Dal. 202. What is forcible detainer of rent The tenant resisteth so forcibly that the owner cannot distrain for his rent nor use his common of pasture Dal. 203. Lam. 146. Cro. 70. a. nu 27. P. R. 39. The tennant forestalleth the way by force and arms or threatneth him that hath the rent or common that he dareth not distrain or use his common ibid. The tenant maketh rescuous of the distress â—h force and arms Dal. ibid. Cro. 69. a. â— 26. â—n these cases of rent or common the Justice â—â— remove the force record it upon view imâ—on and fine but can award no restitution â— ibid. What persons may make a force One alone if it be with offensive weapons â— turbulent behaviour to the affray of oâ—rs Dal. â—03 Lam. 143. An infant of the age of 18. Dal. ibid. Cro. 69. â—nd so he may though he be under 18. A feme covert may by her own act make â—rcible entry or detainer and she may be â—prisoned and fined but the fine cannot be â—ied on the husband Dal. 204. Consent If one command or counsel others to a â—ce and be present though he do nothing â— is a principal Dal. 204. but if absent a disâ—â—er Divers enter one only committeth force â— are guilty ibid. Cro. 22. a. nu 15. 24. b. nu â— 34. b. nu 15. Lam. 143. Who cannot be put out The King cannot be disseised therefore an â—dictment upon the statute 8 H. 6. for the â—â—g is not good neither can the Kings Farâ—â— preser a Bill of Endictment upon the said â—ute but must have an Information in the â—chequer Dal. 205. Cro. 69. a. nu 13. Where one may hold with force Where one hath peaceably entred and afâ—â— continued in quiet possession without intâ—â—ruption for 3 years together Lam. 159. Dâ—â— 210. 211. and may hire strangers to maintaâ—â— his possession and have his company in â—â—mour Dal. ibid. Cro. 71. a. b. but he may not â—sist the Justice of Peace that cometh to vieâ— Upon inditement of forcible holding tâ— plea of three years lawful possession next â—â—fore avoideth imprisonment fine and reâ—â—tution Dal. 211. But it holdeth not 1. If the entry were forcible though tâ— holding peaceable 2. If the holding were forcible thouâ— the entry peaceable 3. If a disseiser have continued peaceaâ— 3 years Quaere if he shall be helped by 8 6. or 31 El. c. 11. If a disseiser have forcibâ— continued his possession 20 years he mâ— be endicted upon 8 H. 6. the Justices mâ— make restitution 14 H. 7. c. 28. Lam. 160. Dâ—â— 211. Cro 71. a. nu 49. 4. If the possession of 3 years have been iâ—â—errupted Cro. 71. a. Lam. 162. Dal. 211. A disseiser quietly holdeth 3 years aâ— after the disseisee entreth or maketh claiâ— the disseiser re-entring cannot hold wiâ—â— force for he is in upon a new disseising Dal. 212. A lawful possessor after twenty years pâ—session is outed he can neither re-enter â—â— hold with force ibid. What force is lawful Force used by the Kings Officers for the â—è execution or advancement of justice or â— the judgment of the law as 1. To pursue apprehend and carry to priâ—n offenders in treason felony or other â—eat crimes 2. A Sheriff or his Officers to apprehend â— virtue of the Kings Writ 3. A Justice removing unlawful entries or â—lding of possessions and repressing rioters â—al 208. 4. Justice Sheriff Constables or Coroners â—ay use force in apprehending or imprisonâ—g such as in their presence attempt to disâ—rb or break the Peace 5. It is lawful by force to break open â—â—ors to arrest offenders within if the Officer â—â—nnot otherwise enter Note that the Officer is first to signifie the cause of his comming before he attempt to break open the doors Dal. 209. as First for treason felony or suspition of feâ—â—ny Cro. 170. b. 2. Where one hath dangerously wounded â—â—other Cro. 131. a. 3. An affray being in the house Cro. 146. b. 4. Upon a forcible entry or detainer found â—â— inquisition Dal. 208. 5. Upon a Capias utlegatum in personal actâ—on or Capias pro fine directed to the Sheriff â—ro 170. b. 6. Upon Warrant or Process for attaching a â— Popish Recusant excommunicate 3 Jac. c. 4. 7. Upon Warrant for the Peace or good behaviour Dal. 209 333. but Cro. 176. b. maketh a Quaere 8. Upon recovery in a real action or ejectione firmae but not to execute the Kings Process upon the body or goods of any person â— the suit of any subject Dal. 209. 9. In cases where the King is party ibid. Forcible defence is lawful 1. For every man to keep his house to himself his family and goods as his castle as well for defence against injury as for his repose Vide plus Houses Dal. 209. 2. In defence of husband
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
keeping of any Deer or Conies c. or be Keepers or Warreners any person having in lands 100 li. by year in fee or for life may take from such offender such Guns Bows or Cross-bows and keep them to his own use 3 Jac. c. 13. Dal. 65. Curriers vide Leather Customer vide Corn. Custos Rotulorum Custos Rotulorum hath the custody of tho Records and of the Commâ—ssion and ought tâ— see that they be brought to the Sessions Lam 387. Custos Rotulorum is alwayes a Justice of the Quorum Lam. 387. Custos Rotulorum alone cannot summon a Sessions seeing that he hath no more authority in that behalf then any of his fellows hath Lam. 382. Taking of the goods of another to the value of 12 d. from his person into his own possession without assault or fear is felony without Clergy 8 El. c. 4. Lam. 270. Dal. 262. and Lam. 422 566. But it will not amount to felony unto death unless the thing taken be of the value of twelve pence Lam. 270. Dal. Quaere The thief must have an actual possession of the thing severed from the person of the owner Lam. 271. Dal. 262. Cro. 35. a. nu 17. Cutting out of tongues Cutting out of tongues and putting out of eyes is felony if it be done of set purpose 5 H. 4. c. 5. Lam. 420. Cutting of a Pond head Destroying of the head or damme of any pond moat stew or several pit wherein fishes are put by the owner thereof or wrongfully fishing in any of the same to the intent to take away the fish against the owner will 5 El. c. 21. Lam. 446. See 3 Jac. c. 13. he is to suffer imprisonment and to be bound to his good behaviour for seven years Deer and Deer-hayes JUstices of Peace may not receive an indictment for killing a Hart proclaimed for the jurisdiction of it belongeth to the Justices of the forrest 21 H. 7. c. 30. Lam. 505. One convicted of unlawful taking or kiling of Deer must pay treble damages to the party three months imprisonment and after to remain there till he put in sureties for the good behaviour for seven years 5 El. c. 21. 3 Jac. c. 13. Lam. 571. To sell or buy to sell any Deer Hare Partridge or Phesant except house-Patridge or Phesant or brought from beyond the Seas loseth for every Deer 40 shill every Hare or Patridge 10 shill and every Phesant 20 shill 1 Jac. c. 27. Vide plus Hunting and Buckstalls Demurrer If one indicted demurreth upon the evidences the Justices ought to record it La. 539. Deputy A Judge cannot make a Deputy Lam. 64. Divine Service Any above the age of sixteen years that repaireth not faithfully and diligently to his Parish Church or Chappel accustomed or upon some reasonable lett to some usual place where Common Prayer is to be used upon every Sunday and other Holidaies and hath not there orderly and soberly abiden during the time of such Common Prayer Preaching or other service of God loseth 12 pence for every offence to be levied by the Church-wardens to the use of the poor of the said Parish and to be punished by the censures of the Church 1 El. c. 2. It is lawful for one Justice of Peace in the limit division or liberty where the offender dwelleth in not coming to Church according to 1 El. c. 2. upon proof of default by confession of the party or oath of witnesses to call the party before him and for want of sufficient excuse proof thereof to the satisfaction of the said Justice the said Justice may give his warrant to the Church-warden of the said Parish under his hand and seal to levy 12 pence for every default by distress and in default thereof to commit the offender to prison till paiment made 3 Jac. c. 4. Vide plus Recusants and Sunday Dogs vide Hunting Partridges Drovers vide Badgers Dier vide Cloth Drunkenness Any Justice of Peace upon his own view confession of the party or proof of one witness upon oath hath power to convince any person of drunkenness 21 Jac. 7. Any within six moneths after the offence committed lawfully convicted of drunkenness loseth 5 shill to be paid after conviction to the Church-wardens of the Parish where the offence shall be committed and refusing and neglecting to pay the same to be by warrant from the Just convicting levied on his goods if he be unable to be set into the stocks six hours and upon conviction of the second offence to be bound with sureties in ten pound to his good behaviour 4 Jac. c. 5. and for want of sureties to be sent to the Goal If the officer charged is negligent in levying or in correcting he loseth 10 shillings to be levied and disposed as the penalty it self 4 Jac. c. â— Church-wardens to be accountable to the use of the poor for the penalties by them received upon the statute of drunkenness ibid. Constables Church-wardens and Tithingmen in their oaths for their office are to swear to present offences against the statute of drunkenness 4 Jac. 5. Offences against the statute of drunkenness to be inquired after and presented before the Justices of Assise or Justices of Peace at their Sessions and proceeded upon ordinary indictment ibid. Offenders against the statute of drunkenness not to be twice punished for the same offence ibid. Ecclesiastical causes and persons ECclesiastical persons are subject to arrest for the Peace unless they be attendant on Divine service Lam. 93. Dal. 166. Vide plus Treason Eggs of wild-fowl Eggs of any wild-fowl usually eaten taken from the place where they were layed or destroyed betwixt the first of March the last of June one years imprisonment and lose after a rate for each egge viz. Egges of crane or bustard 20d bittern heron or shovelack 8 d. mallard teal and other wild-fowl one peny 25 H. 8. c. 11. 3 E. 6. c. 7. Lam. 453. To take away the egges of any hawk out of the woods or ground of any other person three months imprisonment and bound to his good behaviour for seven years 5 El. c. 21 Lam. 446. To take or cause to be taken upon his own or other mens grounds the egges of any falcon goshawk lanner or swan one year and a daies imprisonment and fine 11 H. 7. cap. 17. Lam. ibid. Taker or willing destroyer of egges of Partridge Phesant or Swan upon conviction by confession or oath of two witnesses before two Justices of Peace where the offence or apprehension is to be imprisoned three months unless he pay to the Church-wardens of the Parish in one of the places to the use of the poor 20 shillings 1 Jac. c. 27. Vide plus Partridges Phesants and Fowlers Egyptians One Justice of Peace may within one moneth after the arrival seize all the goods of any outlandish persons calling themselves Egyptians that shall come into the Realm or company with them or disguise themselves like them and keep to his own
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
party robbed take any of the thieves after Hue and Cry made it excuseth the hundred Dal. ibid. Cro. 179. b. He which is robbed shall not have his action where one of the felons is taken but if there be no Hue and Cry the village shall be amerced though one of the felons be taken Cro. 179. b. Vide plus Hue and Cry Hue and Cry For the apprehending of homicides burglars robbers and other felons hue and cry shall be made and every man shall follow the hue and cry and he that doth not shall be attached to appear before the Justices of Goal-delivery It seemeth any Justice of Peace may bind him over by the commission Dal. 299. Cro. 179. b. Hue and Cry ought to be made from town to town from country to country by horsemen and foot-men 13 Ed. 1. c. 12. 27 El. c. 13. Dal. 75. Crâ— 178. b. 179. a. b. otherwise it is no lawful pursuit to arraign a felon Upon committing of any robbery or felony the officer of the town where it was done ought to send hue and cry to every town round about him Dal. 75. Cro. 178. b. nu 2. Every Justice of Peace may cause hue and cry fresh suit and search to be made upon any murder robbery theft or other felony committed by force of the first assignavimus Dal. 49 75. Lam. 185. By a false hue and cry to enter into any house with the Constable to binde and rob the Constable and master of the house in the night is burglary Dal. 257. Cro. 32. b. nu 24. Lam. 263. Vide plus Robbery The inhabitants of any hundred either within the county wherein the robbery was done or in any other county wherein default shall be of fresh suit after hue and cry made shall satisfie the moiety of such mony as shall be recovered against the hundred where the robbery was done Dal. 132. In levying hue and cry it is necessary to give notice of the thing stollen as horse c. of the colour and special marks so of the thieves person apparel c. to search suspected places and to take suspitious persons and bring them before a Justice of Peace to â—e â—xamined â—ro 178. b. If any raise hue and cry without cause be shall be attached for disturbing the Peace Cro. 179. a. Jesuites and Seminary Priests ANy Justice of Peace within the County in which any Jesuite Seminary Priests or other Priests Deacons religious or Ecclesiastical person shall arrive or land may within three daies after take the submission oath and acknowledgement of him touching his obedience to the King and laws provided in cases of religion 27 Eâ— c. â— Lam. 198. Dal. 104. Every one understanding that any such Priest c. shall be within any of the Kings dominions ought to discover the same to some Justice or other superiour officer within ten daies after such knowledge under the pain of fine imprisonment and the Justice within 28 daies must give information thereof to one of the privy-Councel on pain of 200 marks 27 El. c. 2. Lam. 198. Dal. 104. Two Justices of Peace of the County where any of the Kings Subjects that are no Jesuites c. brought up in any Colledge of Jesuites or in Seminaries shall arrive within six moneths after proclamation made to that end may within two daies after their return take their submission under the oath of supremacy 1 El. c. 2. 27 El. 2. To receive Jesuites or Seminary Priests contrary to the statute is felony Lam. 414. 27 El. c. 2. Any within three daies after the offence committed discovering to any Just of Peace any Recusant Seminary or Popish â—riest or any Mass to have been said any of them then present there if by reason of his discovery any offender be taken and convicted he shall be freed from the danger of the offence have the third part of the forfeiture by such offence 3 Jac. c. 5. Lam. 199. Dal. 106. Imprisonments vide Prison Indictments vide Enditements Information Information against a felon whether if shall be taken by oath or no is uncertain but Lamb. 213 214 215. Dal. 307. Cro. 194. a. nu 5. do best allow it by oath so do divers Judges in their circuits No process can be awarded upon information of aâ—private person unless where the statute particularly warranteth inquiry by information as the stat of 5 El. c. 4. of labourers 5 El. c. 21. of taking of fish deer or hawks Information of such as bring a felon must be taken by a Justice of Peace so much thereof as is material he must put in writing within two daies after the examination Lame 212. 2 3 Ph. Mu. c. 10. Dal. 303. Two inform against another in matter of felony and do vary in their tales viz. in the day and place when and where it was committed such information is not to be credited Dal. 303. Cro. 100. a. The bringer of the suspected will not inform it is meet to bind him over to give evidence Dal. 206. Form of a recognizance for the informer against a felon Lam. 214 216. It is not necessary in an information for the King to recite the statute upon which the Bill is framed but to say contra formam statuti in hujusmodi casu editi provisi Cro. 104. b. nu 50 53. Informers and Promoters Informer compounding for any offence againg a penal law without consent of some of the Courts of Westminster or willingly delaying or discontinuing a sult loseth 10 liand is to stand in the pillory being convict thereof at the Quarter Sessions 18 El. c. 5. 27 El. c. 10. Lam. 439 609. the same to be heard at the Quarter Sessions All actions for any offences against any penal statute shall be commenced in the County only where the offence was committed and upon the defendants pleading Nihil debet or Not guilty the plaintiff must prove 1. the offence 2. to be done in the county 21 Jac. c. 4. No officer shall receive file or enter of record any information Bill c. untill the informer hath taken his oath before some Judge of that court that the offence was done in the same county within a year before the information or suit 21 Jac. c. 4. Ingrosser Ingrosser is he that by any contract unless by grant of land or tithe buyeth corn on the ground or other dead victuals to the intent to sell them again except buyers of barley or oats to make malt or oat-meal Victuallers not forestalling Badgers Drovers not abusing their lawful licence buyers of forein commodities except fish salt are excepted 5 Ed. 6. c. 14. 5 El. c. 12. 13 El. c. 25. Lam. 451. In-holder In-holder taking any thing for litter or excessively for hay or above a half penny a bushel above the market for oats loseth four times the value of the overplus 13 R. 2. c. 8. 4. H. 4. c. 25. Lam. 473. repealed by 21. Jac. c. 21. Vide plus
be resiant within the County â—here he is Justice of the Quorum 2 H. 5. c. â— Cro. 122. a. nu 34. Justice of Peace was put out of Commisâ—ion in Camera Stellata for that he refused to â—ake surety of the peace of one that came â—efore him who offered to find surety of the peace for that the Justice which granted the warrant was not his friend and thereupon would not go before him to be bound Cro. Jurisd of Courts 31. b. One Just of Peace upon his view of forcible detainer may record the same by 15 R. 2. c. 2. but in case of Riot or Rout c. there must be two Justices of Peace with the Sheriff or Under Sheriff 13 H. 4. c. 7. Cro. 61. b. nu 9. Justice of Peace commandeth one upon pain of 10 li. by his precept to be at the next Quarter Sessions and he appeareth not No Scire facias shall go forth more then iâ— there had been a Subpoena but it seemeth that he shall be attached to be at the next Sessions upon an accompt Cro. 123 a. nu 9. An affray is made within a Corporate Town whilest the Sessions be held there â— and that Town hath Justices within it self â— the Justices of Peace shall not intermedlâ— there but otherwise it is at the Assizes Cro. 146. b. Laboures and Servants ONe Justice of Peace may cause all artificers and other persons meet to labouâ— by his discretion to work by the day in haâ— and corn-harvest time or imprison the refusers in the stocks for two daies and one night 5 El. c. 4. Dal. 77. Lam. 475. The Constable refusing to stock them loseth 40. shill One Justice of Peace under his hand and â—eal may licence labourers in hay and harâ—est time to go into another country to work Dal. ibid. One Justice of Peace upon complaint may â—ompel meet persons to be bound as apprenâ—ices to husbandry or any other art c. and â—or refusal commit them to ward there to remain untill they be bound to serve according â—o the statute Dal. 77. 5 El. c. 4. One Justice of Peace may take order beâ—wixt the master and apprentice for want of â—onformity in the master bind him over to â—he Q. Sessions where four Justices one being of the Quorum may discharge the apprenâ—ice and if fault be in the apprentice inflict â—ue correction Dal. 78. but if the first Justice find fault in the apprentice quaere if he may â—y 7 Jac. c. 4. send him to the house of Corâ—ection as an idle disorderly person Dal. 78. One Justice of Peace may allow of the cause of putting away of a servant or of his deparâ—ure within his term Dal. 79. 5 Eliz. c. 4. But an apprentice must be discharged by four Justices of Peace in open Sessions ibid. One Justice of Peace may command vagrant persons to prison if they will not serve Dal. 81. One Justice of Peace may make his Warâ—ant to attach a servant departing to be at â—he Sessions or may send him to the house of Correction Dal. 78. Two Justices of Peace upon complaint that â— servant departed before the end of his term â— except 1. cause be allowed by one Justice of Peace or 2. at the end of his term without one quarters warning before two witnesses or 3. hath refused to serve for the wages appointed by proclamation according to the statute or 4. hath promised to serve accordingly and doth not may examine the matter and may commit without bail such faulty person till he be bound to serve and continue and then he is to be discharged without see to the Goaler Dal. 79. Lam. 330. Two Iustices of the Peace may imprison the master for 10 daies without bail and the servant for 21 daies that giveth or taketh greater wages then are allowed by stat Dal. 80. Lam. 330. and the master loseth 5 li. 5 El. c. â— All retainer promise or paiment of wages or any other thing contrary to statute and every writing and bond for the purpose is void 5. El. c. 4. Dal. 79. Two Iustices of Peace may imprison for a year or less any servant workman or labourer that doth make assault or affray upon his master or any that hath the charge or oversight of them or of the work being proveâ— by the confession of the party or oath of two Dal. 79. Or the Iustices at the Sessions may inflict other punishment One Iustice may binde the offender to the good behaviour and so to the next Sessions Dal. 79. Lam. 330. 473. Two Iustices may compel any woman of the age of 12 and under 40 being unmarried to serve by the year week or day for such wages as they shall think meet or commit her to ward till she be bound Dal. 80. Lam. 330 331. The retainer of any to serve in the arts of â—loathing Wooll-weaver Tucker Fuller Cloath-worker Sheerman Dier Hosier Tailer Shoomaker Tanner Pewterer Baker Brewer Glover Cutler Smith Farrier Curâ—ier Sadler Spurrier Turner Capper Hatmaker Felt-maker Bowyer Fletcher Arrowâ—ead-maker Butcher Cook or Miller for â—ess then a year is void 5 El. c. 4. Lam. 473. Dal. 79. No person shall interupt deny let or disturb any free or rough Mason Carpenter Bricklayer Plaisterer Joyner Hard-hewer Sawyer Tiler Pavier Glasier Lime-burner Brick-maker Tile-maker Plumber or Labourers born in the Realm or any Denizon to work in any of the said crafts in any City Borough or Town Coporate with any that will retain him or them though they do not inhabit or be free there upon pain of 5 pound the one moiety to the King the other to the informer 5 Ed. 6. c. 15. Any unmarried or under thirty years and married are compellable to serve in any of the said arts or to be imprisoned untill they will serve 5 El. c. 4. upon request of any person using the said trades except the person be lawfully retained with some other or have 40 shillings per annum in lands or 40 pound in goods or some farm in tillage Lam. 473. Dal. 79. None retained in husbandry to depart at his time into any other limit town or parish without testimonial on pain of 21 daies imprisoment and to be whipped if then he brings none and receiver of such loseth 5 li. Lam. 474. Dal. 85. Labourers not working so many hours as they ought lose 1 d. an hour Lam. 474. 5 El. c. 4. Servant falling sick or non potens corpore the master may put him away nor abate his wages Dal. 84. Any taking work by great and departing unlawfully before the work be finished loseth 5 li. and is to be imprisoned for a moneth Lam. 474. 5 El. c. 4. Any taking an apprentice contrary to order of law or exercising an art not being apprentice therein 7 years loseth 10 li. 5 E. â— 4. Lam. 475. Cro. 83. a. Servant departing into another shire is indicted for it in the County whence he departed the Justices of Peace may award a Capias to the
or market-town or hath curried any leather not well tanned or not throughly dried after his wet season or hath used in such wet season any deceitful means to corrupt the same or hath curried any outward sole-leather with any other stuff then hard tallow or less of that then the leather will receive or inner loose-leather or upper leather but with good stuff being fresh and not salt or hath not liquored them thoroughly or hath scalded or shaven too thin or gasht in shaving or otherwise or not wrought sufficiently any leather loseth six shillings eight pence and the value of every skin marred except gashing in shaving and for such gashing double as much as the leather is impaired 1 Iac. cap. 22. Lam. 465. Currier that during the time that he useth â—urrying useth the fear of a tanner cord wainer shoemaker butcher or other artificer using cutting of leather loseth 6 shillings 8 pence each hide ibid. Currier refusing to curry within 8 daies in summer and 16 daies in winter perfectly any leather brought by any outter of leather or his servant bringing with him good stuff for perfect liquoring of the same loseth 10 shillings for every hide Shoemaker that maketh any Boots Shoes Buskins Startups Slippers or Pantofles or any part of them of English leather wet curried other then Deer Calves or Goats-skins dressed like Spanish leather but of leather well tanned and curried or well tanned onely and well sewed with thred well twisted waxed and rosined with the stitches hard drawn with hand leathers without mixing neat and calves leather in the over-leather thereof or hath put into any shoes books c. any leather made of sheep-skins bull-hide horse-hide or into the upper-leather of any shoes slippers or pantofies or into the neather part of boots the inner part of the shoes onely excepted any part of the womb shank neck flank pole or cheek of any hide or into the outer sole other then the best of the oxe or steer hide or into the inner sole other then the necks womb pole or cheek or in treswels of the double-soled shooes other then the flanks of any the said hides or hath put to fale any year between the last of September and the twentieth oâ— April any shoes boots c. meet for any person above four years old wherein hath been any dry English leather other theâ— calves or goats-skins dressed like spanish leather or hath shewed for sale any of his ware upon Sunday loseth 3 shill 4 pence for every pair and the just value 1 Iac. cap. 22. Lam 465 466. Every Lord of fair or market that doth not appoint and swear yearly two or threâ— honest and skilful men to be searcheâ—â— and sealers of leather there and siâ— honest and expert men to try the samâ— leather loseth 40 pound Lam. 466. Sucâ— triers as do not their duties therein with out delay lose 5 pound for default Lam 467. Searcher or sealer so appointed refusinâ— with speed to seal good leather or allowinâ— insufficient leather loseth 40 shill or receiving any bribe or exacting any undue fee foâ— execution of his office loseth for every offencâ— 20 pound or refusing to execute the said office being duly elected loseth 10 pound Lam 467. He that will not suffer a searcher to enteâ— into any place to search tanned leather or wrought wares or to seize or carry away that which is insufficient or hath put away any â—anned leather red and unwrought without â—egistring the same and the price thereof loseth the value of the leather Lam. 467. 1. Jac. cap. 22. Leets Steward of a leet cannot grant surety of the Peace unless it be by prescription but he may commit him to ward that shall make an affray in his presence whilest he is in execution of his office or bind him to the peace or to his good behaviour Lam. 14. He may also take presentment of an offence against the peace ibid. In every leet or market there ought to be a pillory and tumbrel and for want thereof the Lord of the leet or market shall make a fine to the King Dal. 151. Cro. 149. Lent vide Fish-daies Liberties and Franchises Liberties and Franchises be such which have return of Writs and not such as are Counties of themselves as London York Norwich c. not towns which have by grant of the Kings Justices of Peace so that no other Justice do intermeddle Cro. 8. a. nu 30. Dal. 23. 2 3 P. M. c. 18. Justice of Peace may execute his authority within any liberties not being a County within it selfe and it is good but the liberty may have their remedy against him Lam. 47 48. Dal. 23. Cro. 8. a. nu 30. 181. b. 189. â— Libellers A man finding a Libel against a private man must presently burn it or deliver it â—â— some Magistrate Dal. 195. If against a Magistrate or publick person to deliver it to some Magistrate that by examination the author may be found out Dal. ibid. Libellers it seemeth may be bound to their good behaviour as disturbers of the peace whether they be contrivers procurers or publishers of the libels for such libelling and defamation tendeth to the raising of quarrels and effusion of bloud and special occasions to the breach of the peace Dal. 194. Libelling is by scandalous writings by book ballad epigram or rhime 2. by scandalous words as scoffs jests taunts or songs 3. by hanging up of pictures or signs of reproach neer the place where the party traduced doth converse most as gallows Cucking stool pillory horns or such like Dal. 194 Cook 5. fol. 125. Licenses Two Justices of the Peace may licence poor diseased persons to travel to the Baths for remedy of their grief so as they be provided of relief for their travel and beg not 39 El. c. 4. Dal. 101. Lam. 332. 1 Iac. c. 25. Justice of Peace dwelling neer where any person having suffered ship wrack shall land may and ought to make a testimonial under his hand to such persons of the landing c. and thereby to licence them to pass the next direct way to their place of birth or dwelling and limit them a convenient time for their passage Dal. 100 127. Lam. 303. 39 El. c. 4. 39. El. c. 17. 1 Iac. c. 25. No Justice or Justices of Peace as it seemâ—th can in any case licence any poor man to wander beg at all Dal. 101 127. Lam. 303. â—9 El. c. 4. 17. Convicted for abusing of a licence of transportation of victual shall be committed for a year without bail or mainprise Lam. 349. 1 2 P. M. c. 5. Licences for badgers drovers c. are to be granted in open Quarter Sessions by three Justices of Peace whereof one of the Quorum and shall not endure above a year unless the same be yearly renewed 5 6 Ed. â— 14. 5 El. c. 12. Lam. 610. Vide Badgers Linnen cloth He that causeth to be used any racking beating or casting any deceitful
the â—ounty to suppress rioters and need not tarâ—y till his fellows come Cro. 157. b. Dal. 110. Lam. 181. Constable may take the aid of his neighbour to arrest another upon an affray Cro. â—58 a. Lam. 134. Sheriff upon a writ of execution returned â—hat he could not execute it for resistance and was amerced 20 marks because he took â—ot the power of the county Cro. 158. a. Lam. â—57 Dal. 216. Preacher He that disturbeth a Preacher of purpose maliciously or contemptuously in Sermon-time is to be bound to his good behaviour have three months imprisonment Lam. 416. 1 M. c. 3. If the disturber of any Preacher be arrested and brought before any Justice of Peace upoâ— due accusation examination heard either by the arrester or other person he shall forthwith commit the party so taken to custody by his discretion and within six daies after another Justice joyning in examination theâ— upon confession of the party or conviction oâ— two witnesses may commit him to prison for three months Lam. 195 333. 1 Mar. c. 3. Quaere if all the statute of 1 Mar. 3. be noâ— repealed by the general words at the latteâ— end of the statute 1 Eliz. c. 2. Dalt 103 104. Sir Nich. Hides opinion cited that it was wholly repealed Precept vide Warrant Praemunire Refusal to take the oath of the Kings supremacy the first offence is praemunire thâ— second treason 5 El. c. 1. Lam. 411. 23 El. c. 1 To aid comfort or maintain one that hath committed treason in using of bulls is praemâ—nire 23 El. c. 1. Lam. 413. Vide Treason To hold set forth or defend the power spiritual of any forein Prince or person heretofore claimed used or usurped within thâ— Kings dominions by writing printing preaching express 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. c. 1. 5 El. c. 1. enquirable by words of 23 El. c. 1. Lam. 411. He which aideth any person that putteth in â—ure any bull writing or instrument of absolution gotten from the Bishop or See of Rome c. to the intent to uphold the authority of the See of Rome incurreth praemunire 13 El. c. 2. 23 El. c. 1. Lam. 413. To bring from the Bishop or See of Rome or any claiming authority 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 wear in any wise or receive them to such intent and not to apprehend the offender or within three daies disclose him to the Ordinary or other Justice of Peace or within one day deliver the things received to a Justice of Peace 13 El. c. 2. 23 El. c. 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 chattels and to have a perpetual imprisonment and to be out of the Kings protection Cro. 14. a. Dal. 234 235. But quaere if he be attainted upon 27 of E. 3. 1. if he appear at the day of the praemunire returned Dal. ibid. Br. Praemunire 6. Coo. 11. 34. Instit. 129. 130. at large A man may not kill him which is attainted in the praemunire by 5 El. c. 1. but before he might for they were out of the Kings protection Cro. 15. a. b. One lawfully imprisoned untill the next Sessions for refusing the oath of Allegeance and there again refusing it incurres a praemunire except married women who are onely to be imprisoned without bail 3 Jac. c. 4. 7 Jac. cap. 6. Just of P. not disclosing nor certifying within 14 daies the name of him which bringeth any Agnus Dei crosses or pictures to one of the Kings Councel 13 El. c. 2. is pramunire Lam. 195 372. Broakers of bargains contrary to the statute of 37 H. 8. c. 9. provided against usury shall be punished as Councellors Attorneys or Advocates in case of praemunire 39 El. c. 18. 13 El. cap. 8. Delivering or sending any relief to a Jesuite Priest or other remaining in any Colledge of Jesuites incurreth praemunâ—re 27 Elâ—z cap. 2. Presentment Presentment is a declaration of the Jurors or Officers without any bill offered before Lam. 485. It differeth from an indictment which is the verdict of the Jurors 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 Jurors be â—llied or of blood to him that procureth the â—ndictment but it is no discretion in the Juâ—tices to suffer such to be impanelled Lam. â—98 Presentment of a Jury of an hundred of an offence done in another hundred Lam. 399. Constable presents a fault at the Sessions which belongeth to his office which is allowed by the Enquest it is good otherwise it shall not serve for an Endâ—ctment Cro. 25. b. Constables Churchwardens Aleconners Sides men may present all offences contrary to 4 Jac. c. 5. Presentment where all were not sworn if â—he Record be that all were sworn Lam. â—99 Where the declaration of the Offiâ—ers 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. c. 8. 5 El. c. 13. of high-waies Dal. 67. Cro 125 b. 195. a. nu 5. Searchers appointed to examine the true making of tile 17 Ed. 4 c. 1. Lam. 508. Constable for sundry points in the statute of Winchester 13 Ed. 1. Lam. ibid. Amendment of a presentment vide Vâ—nire facias Priests vide Jesuites Principal and Accessary vide Accessary Imprisonment is the putting of a person from his liberty unto the custody of the Law to answer to that which shall be objected Lamb. 228. Dal. 343. A man is in prison so long as he is in sighâ— of his Gaoler though he break away Dal. 276. No man shall commit another to prison except he be a Judge of Record Dal. 344. Constable imprisoning a suspect for felony may lock the stocks and put irons on him and in conveying him to the Justice or gaol may pinion him or otherwise make him sure that he cannot escape Dal. 350. One committed to prison for refusing to find sureties for the peace shall remain there till he freely offer and find them Lam. 93. Dal. 171. One committed for denying to find sureties for the peace may not be delivered upon the death or release of the party without help of the Sessions or gaol-delivery Lam. 93. Quaere One was imprisoned till he made fine for that he stood by whilest one was slain because he did not his best to attach the murderer
â—â—de not remain with the Iustices of Peace Cro. â— ibid. Recusants Wilfully absenting themselves from Church â— 2 moneths contrary to 1 El. c. 2. and conviâ—ted being of 16 years of age are to be bound â—o the good behaviour upon certificate of â—ne Justice of Peace to the Kings Bench 1 El. â— besides other penalties 23 El. Dal. 104. Every Justice 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 together 35 Eliz. cap 1. Heir of a Recusant being a Recusant at his Ancestours death conforming himselfe and taking the oath of supremacy made 1 Eliz. before the Archbishop or Bishop of the Diocess shall be free from penalties for the recusancy of his ancestour 1 Jac. c. 4. Heir of a Recusant being under 16 years at the death of his ancestour at or after 16 years becomes a Recusant he is not to be freed of his ancestours penalties for recusancy till conformity as aforesaid 1 Jac. cap. 4. Two parts of Popish Recusants lands being seised for the paiment of 20 li. 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. cap. 4. Any sending his children beyond the seaâ— out of the Kings dominions to any religious house to be instructed or strengthened in Popery loseth 100 pounds and the person so going or being there and not returning within one year and submitting is disabled to inherit purchase or take any lands oâ— goods in his Majestie dominions till conformity 1 Iac. cap. 4. Estates in trust for benefit of any sent beyond the sea to any religious house to be instructed in Popery are void 1 Iac. c. 4. Justice of Peace not certifying at the next Q. Sessions the oaths taken of any reconciled to the See of Rome upon his submission returning into the Realm doth forfeit 40 pounds 3 Jac. c. 5. Lam. 633. Forfeitures upon the statute of 1 Jac. c. 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. c. 4. Popish Recusant conforming himself in coming to Church according to the law and after convicted for not receiving the Sacrament once every year loseth for the first year 20 pound for the second year 40 pound for the third year 60 pound And if after conformity in receiving the Sacrament â—he offend therein he losetâ— for every offence 60 pound one moity to the King the other â—o the informer to be recovered in any of â—he Kings Courts at Westminster or before the â—udges of Assize or Justices of the Peace at â—heir Quarter Sessions by action of debt c â— Jac. c 4. Lam. 418. Constables and Churchwardens or for want of them the high Constable once every â—ear are to present the monethly absence of â—opish Recusants from Church with the â—ames of the servants and children above â—ine years old or lose 20 shillings for every â—ffence upon their conviction to have 40 â—hill out of their goods 3 Iac. c. 4. Lam. 616. Clark of the Peace is to record the Presentment of Constables and Church wardens for â—onthly absence from Church without fee â—1 loseth 40 shill 3 Iac. c. 4. Offences upon any statute for not going to Church or receiving the Sacrament may be heard and determined by the Justices of Peace at their Quarter Sessions as Justices of Assize might before 3 Iac. c. 4. Lam. 617. Upon an indictment for not coming to Church or not receiving the Sacrament Justices of the Peace at their Qu. Sessions may by proclamation command the indicted to render his body to the Sheriff before the next Qu. Sessions or Assizes and in default of appearance then the same to be a sufficient conviction 3 Iac. c. 4. Lam. 616. Popish Recusant convicted of not coming to Church according to law shall in Easter or Michaelmas term next after the conviction pay into his Majesties receit after the rate of 20 pound a month and so to continue without any other indictment till he conform himself and in default of payment all his goods and two parts of his lands to be seised till conformity leaving the mansion-house to the third part 3 Iac. c. 4. The King seising two parts may not let it to any Recusant nor for their use and the lessee must give security to the King not to commit waste 3 Iac. c. 4. Indictments against Popish Recusants are not to be avoided for want of form until conformity 3 Iac. cap. 4. Justices of Peace may hear and determine all offences against the statute 3 Iac. c. 4. except treason 3 Iac. c. 4. Lam. 617. Attainder of felony upon the statute of 3 Iac. c. 4. of Popish Recusants barreth not dower nor corrupteth bloud 3 Iac. c. 4. Any pursued for doing any thing warranâ—ed by the statute of 3 Iac. c. 4. may plead the â—eneral issue and give the special matter in â—vidence 3 Iac. c. 4. Husband is not chargeable with the forfeiâ—ure of the wife upon the statute of 3 Iac. c. 4. â—r not receiving the Sacrament nor the wife â—fter his death Popish Recusant convict coming to the Court where the King or his heir apparent â—s without the Kings command or warrant â—n writing from the Councel loseth 100 li. â— Iac. c. 5. the one half to the prosecutor Recusants convicted or other forbearing â—or three months to hear divine service now â—welling in London or within ten miles exâ—ept tradesmen having no other dwelling â—re to depart within forty daies and if they â—ome to dwell there within three months â—hen to depart within ten daies after conviction and to deliver their names to the Maior of London or the next Justice of the County or lose 100 pound 3 Iac. c. 5. the moiety to â—he prosecutor Every one not repairing every Sunday to some usual place appointed for Common-prayer there to hear divine service upon conviction within one month after default upon consession or oath of one witness one Justice of Peace may call the offender before him and if he cannot satisfie the Justice by excuse for his absence the Churchwardens by warrant from the Justice of Peace may levy 12 pence for every default by distress and sale of the offenders goods and in default of distress the Justice may commit him till he pay it which is to be imployed for the poor 3 Iac. c. 4. Dal. 105. Coke 11. 61. b. They which harbour within their houses any except parents or others to whose custody they are committed or knowing the same retain in their service any absenting themselves a month together from Church without reasonable excuse lose ten pound a month 3 Iac. c. 4. The King or five Lords of the Privy Councel may by writing under the hands
supersedeas if the Sheriff have not made restitution before Dal. 214. Cro. 162. a. If restitution be made by Justices upon an insufficient indictment and it be removed into the Kings Bench the Court will restore the party put out by the Justice of Peace Dal. 215. Cro. 168. a. Causes to stay restitution 1. No restitution upon an Indictment to be made if the party indicted hath had the occupation or been in quiet possession three years together next before the day of the indictment found and his estate not ended which the party may alledge for stay of restitution until it be tried if the other will traverse or deny the same 31 Eliz. cap. 11. Dal. 219. 2. Certiorari 3. A traverse quaere Lam. 158. 4. Insufficiency of the indictment 5. Insufficiency of the Jurors not having 4â— shill land by the year Dal. 218. Lam. 152 Cro 165. b. Quaere Justice of Peace upon indictment found may give restitution as formerly to free-holders to tenants for years by copy of Couâ—â— guardians in Knights-service tenants by Eâ—git stat Merchants or Staple Dal. 207. 21 â—â—â— c. 15. The disseisee outeth the desseisor by forcâ— the desseisor shall be restored Lam. 148. Dâ—â— 217. Upon traverse the Justice may stay resttution Dal. ibid. The disseisee entreth peaceably and keepeth out the disseisor by force the disseisoâ— shall not be restored because the disseisoâ— had the younger title But the disseisee shaâ—â— be imprisoned and fined because he helâ— with force Cro. 162. b. 164. b. Dal. 217. The disseisee entreth quietly upon thâ— disseisor and so abide together divers daies then the disseisee putteth out the disseisoâ— by force the disseisor shall not be restored Dal. 217. Cro. 163. a. b. Wife children and servants do preserve possession but cattel on the ground do not Dal. ibid. Cro. 164. b. Two are in possession by several titles iâ— one house the law judgeth him in possessioâ— who hath the best right to the possession As A. enters wrongfully upon B. and botâ— do continue in the house afterwards F. puâ— out A. with force A. shall not be restored for A. never gained possession by his entry Dal. 217. Cro. 163. b. ' Two are joynt-tenants or tenants in common whereof one forcibly putteth the other out of possession Quaere what a Just of Peace may do therein for that his entry and possession is lawful Dal. 217. Pax regis 39. Restitution of stoln goods He that hath goods stoln if the felon be â—hereof indicted and arraigned and found â—uilty thereof or otherwise attained by reaâ—on of evidence given by the party robbed â—r the owner of the goods or other by their â—rocurement then the goods shall be restored â—â—ough they never made fresh suit Dal. 306. â—â—o 191. a. Lam. 586. And the Justices have power to award writs â— restitution 21 H. 8. c. 11. Lam. 586. Cro. â—1 a. Br. Restitution 22. Dal. 306. Executors shall have restitution after atâ—inder or conviction upon evidence by â—â—eir means given Dal. 306. Three are robbed restitution shall be oneâ—â— to such for whose goods the felon was inâ—â—cted Dal. 306. Cro. 191. a. A felon stealeth from several men is attainâ—d only at the suit of one the King shall â—ave the goods of those at whose suit he was â—ot attainted Dal. 306. There be divers thieves and onely one â—rincipal is attainted the robbed shall have â—â—stitution Dal. 307. If the felon sold the stoln goods in market â—vert or in a fair no restitution except he that bought them were privy to selony ibid Cro. 191. a. No restitution of stolen goods if he know not the felon Dal. 307. No restitution if the felon leaveth thâ— goods and escapeth and the Lord of thâ— Manour seiseth them Dal. 307. If the felon had not the goods in his posseâ—sion when he fled but left them elswhere they are not waived but the owner mâ—â— take them wheresoever he findeth them â—â— 5. 109. Dal. 307. A man had his horse stoln and so he puâ—lished it but knew not who stole it so thâ— he could not indict him c. It seemeth thâ— he shall not have his horse again for it wâ— his folly to publish that it was stoln â—â— he might have demanded it as lost Aâ— when he knew who took his horse might afterwards indict him Cro. 191. b. Return Recognizance taken by the Justice of Peaâ— ex officio ought to be returned at the next â—â— Sessions Lam. 109. Dal. 173. Cro. 139. a. Sâ—plicavit is to be returned into the Coâ— whence it came Lam. 107. Dal. 177. Return of a Recognizance upon a Supplâ—vit is not of necessity till Certiorari Lam. 10 Return of Jurors vide Jurors Vide Recognizance Release Certcate Riots Riot is where three or more persons disorderly assâ—mbled to commit with foâ— any unlawful act and do accordingly execute or attempt the same Lam. 176. Cro. 61. a. nu 2. Dal. 221. Three or more enter into land with force c. where their entry is lawful it is a riot Dal. 226. Cro. 64. a. nu 49. What Assemblies shall not be said a Riot 1. Sheriff or Bailiff levy people to serve the Kings Writs Lam. 178. Dal. 223. 2. Constable gathereth assistance of men with weapons to part an affray Lam. 178. 3. A man threatned to be beaten in his house assembleth company with force otherwise of a threatning to be beat as he goeth to market Lam. 179. Dal. 224. Cro. 64. a. nu 42. 4. Many assemble together and they know not to what end Lam. 179. Cro. 61. b. nu 7. Dal. 222. 5. Many assemble at a Church-ale or at a Christmas dinner and they suddenly fall out and sight Lam. 179. Dalâ— maketh quaere 223. 6. A number of women and children under the age of discretion flock together for their own cause unless moved by a man of discretion to do some unlawful act Lamb. 180. Dal. 226. 7. To gather meet company to carry away a piece of timber which will not be moved without a good many whereto I pretend right though in law it be anothers I am 178. yet if he use threatning words as to say he will have it in spight of the other or though he die for it his doing may then become a riot Dal. 225. Lam. ibid. 8. To meet to drink at an ale-house to play at foot-ball bucklers bear or bull-baiting dancing bowls cards or dice or such like disports Dal. 223. Lam. 178. Cro. 61. b. nu 7. 9. To use harness on Midsummer-day at night in London or on May-day in the countrey Lam. 178. Cro. 64. a. nu 43. Dal. 223. The master intending a riot taketh with him his ordinary servants who know not his intent it is no riot in the servants Lam. 179. Cro 61. b. 62. a. nu 13. Dal. 222. A Jury falleth out and fighteth it is no riot Dal. 222. Lam. 180. If any assemble for any disports as aforesaid with intent to break the peace and make an
other shall assess the fine upon the offenders which by the statute of 1 H. 5. c. 8. ought to be of good value that thereout the charges of the Justices and other officers may be born yet must it be reasonable and just Dal. 116. Lam. â—17 Cro. 161. a. nu 45. The fines must be imposed upon every offender severally Dal. 117. Co. lib. 11. 43 44. The fine must be estreated into the Excheâ—uer Dal. 117 and then to deliver the offenâ—er as it seemeth ibid. The Justices as it seemeth may out of the â—ines pay the charges of the said Justices â—nd of the Jury who made the enquiry for â—heir diet and the Sheriffs fees and the Juâ—ices Claâ—k who maketh up the record may â—ave his fees out of that money or rather â—ay take of every offender 12 pence when â—hey pay their fines Dal. 119. Or the Justices may record the riot commit the offender and after certifie the recordto the Assizes Sessions or Kings Bench Dal. 11â— The record may be delivered at the Sessions to the Clark of the Peace together with the residue of the money remaining of the fine Dal. 119. Where the Justices of Peace are remiss in punishing the rioters the Lords in the Star-chamber may do often assess greater fines for the same riot Dal. 120. Cro. 63. a. nu 30. 7. If the riot was not committed in the presence of the Justices or the rioters gone before their coming two Justices at least within one moneth next after must enquire thereof by a Jury returned by the Sheriff and record the riot being found which is to remain with one of the said Justices Dal. 117. Lam. 321. The form of such enquiry vide Dal. 402. Lam. 329. Enquiry shall not be unless the rioters be gone Dal. 117. It is not necessary that one of the Justices of Peace be of the Quorum Dal. 118. Cro. 62. b. nu 25. The enquiry may be made at any time after the moneth but if it be not within the moneth the Justices are in danger to lose 100 pound yet if the Jury be charged within the moneth and have day after to give up the verdict the statute is not broken Dal. 118. Lam. 322. At the enquiry the Sheriff or Under-sherif must be present but then as Ministers onely Dal. 118. Lam. 321. The Justices assemble to enquire within the moneth the parties agree and the Justices dismiss there upon the Jury the Justices shall be fined though none will solicite the Inquest or give evidence to the Jury for the Justices ought to proceed ex officio seeing some of the Jury may have knowledge of the riot and they ought to make proclamation if any will give evidence Dal. 118. Lam. 322. If at the parties request the Justices dismiss the Jury without enquiry they are sineable in the Star Chamber to the King Dal. 118. P. R. 29. The Justices may bind to the good behaviour the parties complaining of the riot who caused them to meet and will not prosecute for the King but have agreed it Dalton 118. Though the Justices go not to see the riot yet they may enquire within a month after Lam. 321. 8. After enquiry had and the riot found the Justices have power to hear and determine the same viz. First to make out process against the offenders under their own test Secondly to assess the fine Thirdly to commit till they have paid the fine Fourthly to deliver them after paiment of their fine or sareties taken by recognizance or otherwise they may receive their traverse if the matter will serve and dismiss them Dal. 119. Lam. 323. Br. Impris 100. But the Justices should send such Indictment or inquisition to the next Quarter Sessions or into the Kings Bench together with the said traverse there to be tried P. R. 30. Dal 119. 9. If the riot upon enquiry cannot be found the Justices and Sheriff must certifie into the Star-Chamber or Councel-Board or Kings Bench the whole fact and circumstance with the names of the offenders sub poena Dal. 120. Lam. 323 324. Praemunire Br. 1. The certificate must be made within a moneth after the enquiry or else it is of no force Dal. 121. Lam. 344. Though two Justices with the Sheriff see the riot yet two other Justices may make the enquiry and they all together or the first two or last two with the Sheriff or Under-sheriff may make the certificate Dal. 121. Lam. 325. Where the several certificates be made or certificate and enquiry do disagree the best for the King shall be preferred Dal. 121. Lam. 325. If the Jury find but some guilty the Justices may certifie the rest Dal. 121. Lam. 325. Any material thing left out in the inquisition may be supplied in the certificate Dal. 121. Quaere if after enquiry and before certificate the Sheriff die or one of the Justices be put out of Commission whether a certificate can be made Dal. 121. Vide Lam. 326. Upon the certificate of two Justices and the Sheriff the Lord Chancellour may grant a Capias to attach the offenders Dal. 121. Lam. 313 Upon default of the Justices and Sheriff in not executing the statute 13 H. 4. c. 7. the party grieved may have a Commission out of the Chancery to enquire of the riot as also of the Justices and Sheriffs default Dalton 121. Also the Lord Chancellour may send his writ to the Justices and Sheriff to execute the statute of 13. H. 4. c. 7. Dal. 121. The Justices and other officers shall do their offices at the Kings charge in going carrying and returning in doing of their said offices by paiment thereof to be made by the Sheriff for the time being by Indenture betwixt him and the said Justices and other officers aforesaid to be made of the paiment thereof whereof the Sheriff upon his account in the Exchequer shall be allowed 2 H. 5. c. 8. The Sheriff is to return 24 whereof every one hath lands and tenements within the same shire of 20 s. per ann of charter lands or 26 s. 8 d. of copyhold or of both ultra reprisas and must return for issues upon every one at the first day 20 s. at the second 40 s. if they do not appear and be sworn the first day And the Sheriff or Under-sheriff not returning persons sufficient loseth for every one 20 li. to the King 19 H. 7. cap. 13. If the riot rout or unlawful assembly be not found by the Jury by reason of any maintainance or embracery of the Juries the Justice Sheriff or Under-sheriff besides such certificate to be made by 13 H. 4. shall in the same certificate certifie the names of the maintainers or embracers upon pain of every Justice Sheriff or Under-sheriff 20 li. if they have not reasonable excuse which certificate shall be of force as if the matter therein found were found by the verdict of twelve men And every maintainer and embracer forfeiteth twenty pound and to be committed to ward
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