132. a. Certiorari may command either the Record it self or the tenour of the Record Dal. 368. Cro. 13. b. Lam. 515. Certiorari is to be directed to the Iustice Lam. 545. Iustice of Peace ought upon Certiorari to remove the Record though the partie that brought the Certiorari sueth not after to have it not removed Dal. 368. Cro. 132. b. 133. Lam. 516. An indictment may be removed upon a Certiorari bearing date before the indictment was taken Dal. 369. Cro. 132. b. 164 167. b. Lam. 510. A certificate of a Certiorari ought not to omit that which did authorize the Iustice to make the Record neither ought they to certifie more then the Certiorari warranteth them Lam. 516. If the Certiorari varie from the Record the Iustice need not to certifie Dal. 368. Cro. 132. b. A Certiorari is to send up the indictment of 〈◊〉 in which others are joyntly indicted the Iustice need not make certificate of any but of A onely Dal. 368. Cro. 132. a. Lam. 517. A Iustice may without Certiorari send into the Kings bench a Recognizance of the Peace an indictment found before him or a force recorded before him Dal. 368. Cro. 132. b. 133. b. but not without Certiorari if he be put out ibid. No bills of indictment riot forcible entrie assault or batterie found at the quarter Sessions shall be removed by Certiorari unlesse it be delivered in open quarter Sessions and the indicted bound in 10 pound to the prosecutour with such sureties as the Justice shall allow to pay within one moneth such costs and damages as the said Justices shall allow otherwise the Justice to proceed to tryall 21. Jac. 8. Dal. 214. Edit 1626. Vide plus Certificate Challenge One indicted of felonie may challenge as many as he will shewing cause but without cause he may not challenge above twentie 22. H. 8. 14. Lam. 523. Lam. 554. What shall be a good challenge for a Juror That he was an indictour of him Lam. 522. Lam. 554. That he hath not lands to cleare yearly value of 40 shill Lam. ibid. In cities and boroughs that he hath no goods moveables worth 40 pound Lam. ibid. That he is not Probus Legalis as if he be attainted of felonie forgerie perjurie c. Lam. 522. Lam. 554. Champertie Champertie is when one for hope of having part of the thing in variance moveth or causeth the suit to be moved at his own cost and for it he is to be fined 33. E. 1. Lam. 441. Chancemedlie vide Homicide Chastisement vide Correction Church and Churchyard Maliciously to strike with a weapon in the Churchyard or to draw a weapon to that end is losse of one of his eares or to be marked with the letter T. 5. Ed. 6. 4. Lam. 399. Lam. 419. To keep fair or market in the Churchyard ibid. Stat. Wint. 13. Ed. 1. Lam. 419. Conviction of any upon the statute 5. Ed. 6. 4. may be by the Iustices of Peace at their quarter Sessions by verdict testimonie of two or by confession 5. Ed. 6. 4. Execution of the forfeiture upon the statute of striking in Churchyards to be awarded by the Iustice of Peace before the conviction 5. Ed. 6. 4. Churchwardens Churchwardens and Constables or one of them or where none be the Constable of the hundred must once every yeare present at the quarter Sessions the monethly absence from church of Popish recusants and the names of every of their children of 9 yeares old and above abiding with their parents and as neare as they can the age of their children and the names of such recusants servants 3. Jac. 4. Lam. 437. penaltie 20 shillings Vide Recusants Churchwardens are to gather for the prisoners vide Prisoners Churchwardens and Overseers of the poore are yearely to make account to two Iustices whereof one ought to be of the Quorum viz. 1 Of all summes received by them rated or not received 2 Of such stock as they or any of their poore have in their hands 3 What apprentices they have put out 4 What poore they have set to work or relieved 5 What poore they have suffered to wander and begge 6 If they have monethly met to take order for the poore 7 If they have assessed the inhabitants and occupiers of lands and in their parish and such as are of abilitie with indifferencie 8 If they have endeavoured to levie and gather such assessments Dal. 72 73. Defaults in any the premisses is 20 shill ibid. Churchwardens and Overseers refusing to make a true account to the Justice of all such summes of money or denying to pay the arrerages to be committed to the goal without bail till account made the arrerages paid to the new Overseers Dal. 73 Churchwardens and Constables yearely upon Tuesday or Wednesday in Easter week must call together the parishioners And first choose surveyours for the high-wayes Dal. 5â— 2 Appoint six dayes for that purpose to be before Midsummer next following ibid. 3 Give notice of the said six dayes openly in the Church the Sunday after Easter ibid. Clerk of the Peace Clerk of the Peace must be present at the Sessions to reade enditements and inâ—oll the acts of the Sessions as also to draw processe Lam. 337. Lam. 393. Clerk of the Peace must record proclamations for the rates of servants wages and inroll the discharge of apprentices 5. Elis 4. ibid. He must keep the counterpain of the Indenture of armour 4. 5. Ph. Mar. 2. And the books of licenses given to Badgers and loaders of corn 5. Elis 12. Lam. 393. And of those that are licensed to shoot in gunnes 2. Ed. 6. 12. He must certifie into the Kings bench transcript of enditements outlawries attainders and convictions had before the Justice of Peace within the time limited 34. Hen. 8. 14. Lam. 588 593. Recognizance of the Peace is brought into the Custos Rotulorum and the partie grieved will not sue it the Clerk of the Peace may call upon it for the King Lam. 394. The office of the Clerk of the Peace is in the gift of the Custos Rotulorum 37. H. 8. 1. Lam. 394. What Records the Clerk of the Peace is bound to certifie vide Certificate The Clerk of the Peace his fees vide Fees He must record presentments for not coming to Church and the certificate of not taking the oath of Alleagiance 3. Jac. 4. Lam. 393. Clerk of a Justice his fees vide Fees Clerk of the Crown what records he ought to certifie vide Certificate Clerk of the Market Clerk of the Market taking money to dispense with faults riding with more then six horses tarrying longer then is necessarie loseth for the first offence 40 shill for the second 10 pound for the third 20 pound 13. R. 2. 4. Clergie and Sanctuarie One Justice of Peace may take out of the Sanctuarie him that is abjured thither being endited of any offence punishable by death done after he is become a
ought to be pleaded under the great seal and a writ of allowance brought with it testifying he hath found surety for the good behaviour unlesse there be a dispensation by non obstante Lamb. 561. Prisoner pleadeth a pardon the I. of P. in absence of the Kings Atturney may joyn issue that he is one of the persons excepted Lamb. 560. He that killeth another se defendendâ— must sue to the King for a pardon Lamb. 253. He that killeth one by misadventure shall have a pardon of course without suit Lamb. 254. The manner of suing a pardon of course is If they desire to purchase their pardon they must upon their triall plead not guilty and then the speciall matter being found by verdict they shall be bayled then they must sue forth a Certiorari to certifie the record to the Lord Chancellour who shall make them a pardon of course under the great seal without suing to the King D. 217. Sta. 154. Park and Parker vide Hunting Hunters or killers of any Deere or Conyes in the night or daytime in any park or warren or in any other inclosed grounds and being thereof lawfully convicted every such offender shall suffer 3 moneths imprisonment and finde sufficient sureties for the good behaviour for the space of seven yeares or else continue in prison till he finde such sureties for the space of 7 yeares Dal. 317. 5. Elis 21. 3. Jac. 13. Ed 1626. Parson and Vicar vide Ecclesiasticall causes Partridges and Phesants Every I. of P. may examine offences against the statute of 23. Elis 10. Dal. 67. Lamb. 200. By 1. Jac. 27. he that shall shoot at kill or destroy with any gun or crosse-bow any Partridge Phesant House-dove or Pigeon with setting-dogs and nets or with any manner of nets snares engines or instruments or shall kill or destroy any partridge phesant house-dove pigeon heron mallard duck teal or any such fowl or hare or shall take or willingly destroy the egges of any phesant partridge or swan or shall trace or course any hare in the snow or take or destroy any hare with cords or such instruments or shall keep any greyhound for deere or hare or setting-dogs or nets to take phesants or partridges not having lands of inheritance of 10 pound or 30 pound per annum not having lands of inheritance for life or in goods 200 pound or be sonne of a Knight or sonne and heir apparent of an Esquire any of the said offences being proved by the parties confession or oath of two witnesses before any two Justices of Peace of the countie where the offence shall be committed or the partie apprehended shall be imprisoned for 3 moneths without bail unlesse he forthwith upon his conviction pay to the use of the poore there 20 shill for every hare fowl and egge and 40 sh for every greyhound setting-dog or nets or after three moneths imprisonment be bound with two sureties not to offend in any the said particulars which recognizances taken by two Justices of the Peace may be returned at the Quarter Sessions 1. Jac. 27. Dal. 67 68. Lam. 335. By 7. Jac. 11. proof of 1 witnesse is sufficient for the taking c. of partridges and phesants the punishment as 1. Jac. 27. Killer of partridges or phesants with hawks or dogge by colour of hawking between the first of July and the last of August upon conviction within six moneths after the offence by the confession of the partie or oath of two witnesses before two Justices of Peace is to be imprisoned one moneth without bail unlesse he pay presently to the Church-wardens and Overseers of the poore where he offended or was taken 40 shill for hawking and 20 shill for every partridge or phesant taken 7. Jac. 11. Dal. 68. Lam. 335. Taking of phesants or partridges upon another mans ground by nets or otherwise except unwillingly by trammell and there to let them go again loseth 20 shill a phesant and 10 shill a partridge 11. H. 7. 17. 23. Elis 10. Lam. 447. Hawking in corn before it be cropped without consent of the owner loseth 40 shill ibid. Taker killer or destroyer by gunnes bows setting-dogs nets or other engines of any partridge or phesant except the owner of a warten lord of a manour or having lands of inheritance in his own or his wives right of the clear yearely value of 40 pound or for life of 80 pound or goods worth 400 pound and their houshold-servants authorised by them within their own grounds in the day time onely betwixt Michaelmas and Christmasse upon conviction within six weeks after the offence committed by confession or oath of two witnesses before two Justices of Peace next the place of offence or apprehension to be imprisoned 3 moneths without bail unlesse he pay immediately unto the Churchwardens and Overseers of the poore of one of the said places 20 shill and be bound to the King by recognizance in 20 pound never to offend again the same to be certified at the next generall Quarter Sessions 7. Jac. 11. Buyer or seller of hare deer partridge or phesant except partridges or phesants bred up or brought up from beyond the seas loseth for every deer 40 sh phesant 20 sh hare or partridge 10 sh one moytie to the informer the other to the poore of the parish 1. Jac. 27. Constable by warrant from two Justices of the Peace may search the houses of any not allowed suspected to have any setting-dogs or nets for partridges and finding them may detain kill or cut in pieces any of them 7. Jac. 11. Offences against the statute of 1. Jac. 27. punished by it are not to be punished by Judges of Assize in their circuit Justices of Peace at Quarter Sessions or two Justices of the Peace out of the Sessions 1. Jac. 27. Offences punished by 7. Jac. 11. are not to be punished by any other 7. Jac. 11. Peace Every private person that shall be present at any affray assault or batterie ought to part them that fight and if he take hurt he shall have his action but if they resist him he may not hurt them Lam. 131. Dal. 28. Every man may stay the affrayers till their heat be cooled and then they may deliver them to the Constable to imprison them till they finde sureties of the Peace but they may not imprison them unlesse the one of them be in perill of death by some hurt for then any man may carry the other to the goal till it be known whether the other will live or die Lam. 131. Dal. 28. He which hath mortally hurt another flieth into anothers house any man that pursueth him with hue and crie may break open the house enter and take him Lam. 131 132. Dal. 29. Peers vide Noble personages Pedlers vide Rogues Perjurie Procuring any unlawfully to commit wilfull perjurie in any case depending in Court of Record Leet Count Baron Hundred Court or ancient demesne or hath corruptly suborned any witnesse sworn to testifie
Peace next inhabiting may charge the collectors of a revenue of an Hospitall upon a pain presently to account and to imploy the surplusage to the use of an Hospitall L. 556. 14. Elis Case 5. 39. Elis 18. Hospitality vide Religious house House 1 A mans house is his castle for defence D. 177. 2 It protecteth against any arrest at the suit of any subject ibid. 3 In some cases it is a priviledge against the Kings Prerogative for it hath been adjudged that Salt-peter men may not digge in a Mansion-house without the Kings consent ibid. Theeves or murderers attempting to rob or murder a man in his house he may assemble company kill any of them and forfeiteth nothing ib. He may beat him that will enter upon his possession but may not kill him Quaere if he may hire strangers to aid him or put his ordinary company in armour Dal. 177 178. Vide plus Homicide House of Correction House of Correction with implements and backsides fitting for setting on work idle persons to be erected and provided in a convenient place in every county before Michael 1611. the same to be conveyed over to such as by the greatest part of the Iustices at the Q. Sessions shall be chosen to be imployed for setting on work idle and disorderly persons on pain of 5 pound for every Iustice of Peace the one moytie to the informer the other towards the erecting of the house 7. Jac. 4. Master of the said house to be appointed by most of the Iustices of the Q. Sessions next after providing of the said house who is to set on work and moderately to correct by whipping or fettering such persons as shall be sent to him 7. Jac. 4. Constables shall appeare before the Iustices of Peace twice in the yeare and give account upon oath in writing under the hand of the minister what rogues have been apprehended and how many punished 7. Jac. 4. Master of the house of correction giving sufficient securitie for performance and continuance of his service is to have yearely such money as by most of the Iustices at Q. Sessions shall be thought meet to be paid quarterly by the Treasurer or els the master to levy it in such sort as the Treasurer may 7. Jac. 4. Constables not safely conveying to the house of correction such as by the Iustices of Peace at their meeting for the execution of the statute 7. Jac. 4. shall be sent thither to pay such fine under 40 shill as by most of the Iustices shall be assessed 7. Jac. 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 yeare for the second offence to be sent to the house of correction and to remain there till she finde sureties for the good behaviour and not to offend so again 7. Jac. 4. Any able to work and threatning to runne away and leave their families upon the parish upon oath of two witnesses before two Iustices of the said division to put in sureties for discharge of the parish or to be sent to the house of correction 7. Jac. 4. Master of the house of correction quarterly at the Sessions must yeeld account of such as have been committed or is to be fined by most of the Iustices 7. Jac. 4. If any committed become troublesome to the countrey by going abroad or escape without lawfull delivery the master is to be fined by most of the Iustices at the Q. Sessions 7. Jac. 4. All penalties not limitted by the statute 4. Jac. 4. shall be payd to the Treasurer and accounted by him 7. Jac. 4. Vide plus Poore people Hunting One Justice of Peace upon information of any unlawfull hunting of Deere or Conyes by night or with painted faces or other disguising in forrest park or warren may make warrant to the Sheriffe Constable Bayliffe 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 Q. Sessions 1. H. 7. 7. Dal. 57. L. 191. To disobey such a warrant or make rescous thereupon is felony 1. H. 7. 7. Dal. 57. The Justice of Peace that taketh examination of the offender may after the examination binde the offender to his good behaviour to the end he be forthcoming till the offence and the offenders be lawfully examined Dal. 57. Unlawfull hunting by 3 or more will grow a riot Dal. 57. Any by night or day wrongfully entring into any inclosed ground kept for keeping of Deer or Conyes and there chasing or killing of them upon conviction to be imprisoned 3 moneths without bayl and there to continue till he pay treble damages and costs to be assessed by the Iustices before whom he is convicted or pay to the party grieved 10 pound at the election of the party grieved 7. Jac. 13. and finde sureties for his good behaviour 7 yeares 3. Jac. 13. Lamb. 441. The party grieved or the Iustice of Peace upon satisfaction of the party grieved and confession of his offence and that he is sory for the same in open Sessions may release the offender of his bond for the good behaviour 3. Jac. 13. The statute 3. Jac. 13. doth not promise offenders in parks or inclosed grounds made after the statute without the Kings license 3. Jac. 13. Enquiring hearing and determining of offences against the statute 3. Jac. 13. may be made by the Iustices of Peace and Peace and Goal-delivery at the Sessions and they may award processe upon enditements informations bills of complaint or other actions wherein no essoin c. 3. Jac. 13. Any not having lands of inheritance in his own or wives right of the cleare yearly value of 10 po or for term of life of 30 po per annum or goods to his own use worth 300 po keeping Greyhound to course deer or hare except the sonne of a knight or Baron of parliament or sonne and heir of an Esquire upon conviction by confession or oath of 2 witnesses before 2 I. of P. where the offence is the party apprehended to be imprisoned 3 moneths without bayl except he presently pay to the Churchwardens where the offence was committed or party apprehended 40 shill to the use of the poore of the said parish 1. Jac. 27. Any having lands in fee simple or fee tayl of a 100 po per annum finding any not having lands of 40 po per annum nor worth 200 po 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 conyes that shall be yearely worth 40 shill may take any their gunnes bowes engines and dogges and keep them to his own use 3. J. 13. Lay person
service in his Majesties pay upon lawfull certificate thereof by the generall muster-master or receiver of the muster-rolls Treasurer or controller of the navie under his hand is to come to the Treasurer of the countie where he was prest or if he were not pressed then to the Treasurer of the countie where he was born or last dwelt 3 yeares if he be able to travell so farre or otherwise to the treasurer of the Countie where he landed by him to be relieved according to his discretion till the next Qu. Sessions at which time the more part of the Iustices may according to their discretions grant him a pension during his life being not duely revoked or altered 43. Elis 3. Treasurers are to make payment quarterly of such pensions as shall be granted by the most of the Iustices at the Q. Sessions under their hands and by them to be fined if they refuse to pay them 43. El. 3. Pensions of souldiers and mariners not having born offices are not to be above ten pound under the degree of a Lieutenant fifteen pound a Lieutenant twenty pound 43. Elis 3. Pensions are revocable or alterable at the discretion of the Iustices in the Qu. Sessions 43. Elis 3. Treasurer where any maimed souldier or mariner shall arrive upon certificate without allowance may give a testimoniall of his own allowance and convenient relief to carry him to the next County leading him to the place where the generall muster-master shall be and so may the treasurer of each Countie leading him thither and from thence to the Countie where he is to have his pension 43. Elis 3. Treasurer is to enter into a book money received and disbursed with the parties names and certificate to whom it was paid 43. Elis 3. Treasurer not allowing a certificate in the act of 43. Elis 3. expressed must endorse the cause thereof on the certificate 43. Elis 3. Souldier or mariner counterfeiteth a certificate or having a pension beggeth he shall lose his pension and be delivered a rogue 43. Elis 3. Souldier or mariner that cannot be relieved in the County where he was pressed by reason that whole taxation is imployed shall be relieved where he was born or dwelt the last three yeares at his election 43. Elis 3. Overplus of the stock for maimed souldiers is to be imployed by the greater part of Iustices at the Qu. Sessions to such charitable uses as are set down in the statute for poore except it be by them reserved for future pensions 43. Elis 3. Starre-chamber The experience of Starre-chamber is the best guide and direction for a Justice of Peace Lam. 175 Stollen goods After attainder upon evidence by the owner the stollen goods are to be restored to the owner by writ of restitution awarded by the Iustices before whom the attainder was 21. H. 8. 11. Lam. 586. Dal. 262. Cro. 191. a. Vide Restitution of stollen goods Stewards of Courts Stewards of the Sheriffes turn Leet or Pypowders cannot grant suretie of the Peace unlesse it be by prescription but every of them may commit him to ward that shall make an affray in their presence whilest they be in execution of their office which the steward in a court Baron cannot do Lam. 14. Dal. 2. Stocks of the shire The parishioners and in their default the Church-wardens and Constables are to assesse the tax imposed upon the parish by the Iustices at Easter Sessions towards the relief of the prisoners in the Kings Bench Marshalsey Hospitalls and other losses by fire c. In default of them any Justice of Peace dwelling in that parish or if none dwell there the next Justice may assesse the same and the same Iustice of Peace or any other Iustice of Peace in that limit in default of the Churchwardens and Constables may levie the same by distresse and sale of the offenders goods and in default of distresse may commit such persons without bail till they pay the same 43. Elis 2. Dal. 110. In all taxations observe these rules Dal. 110. 1 The most reasonable taxation of land is by the yearely value not the quantitie 2 He that occupieth lands in his own hands in severall parishes shall be charged in every parish propoitionably for his land there 3 The farmer shall be rated for the land and not the lessor 4 A man is not to be rated for his farm-rents for that the occupier of the lands is chargeable for the same 5 By goods in most cases a man may be rated as well as by lands but not both by goods and lands 6 A man shall be charged for goods onely in that town where the goods be at the time of assessment the Constable and major part of the parishioners upon warning given in the Church may make such taxations by law Dalt 106. Cook 5 6 7. The like may be done by the Churchwardens and the greater part of the parishioners for Church-charges Dalt ibid. If the greater part will not meet the officers and such as will meet may tax Dal. ibid. Where a man is charged by goods they must be bona notabilia Dalt 131. Vide Taxations Subsidie Upon proof before two Justices of Peace that a subsidie man by covin hath escaped taxation they shall charge him at double the value of so much as he ought to be taxed at and he shall be further punished at the discretion of the said Justices Lam. 3â—6 Suggestion vide Information Summons of the Sessions vide Sessions Sunday All persons shall resort to their parish Church or Chappel accustomed or upon reasonable let to some usuall place where Common prayer shall be used upon every Sunday and other day ordained and used to be kept holy day and then and there to be orderly and soberly during the time of Common prayer preaching or other service of God or lose 1â— pence for every offence to be ievied by the Church-wardens there to the use of the poore by way of distresse 1. Elis 2. Dal. 80 81. though he be Popish Recusant convict or not convict ibid. If any subject do not resort and repair every Sunday to some Church or Chappel or some usuall place appointed for Common prayer and there heare divine Service according to the statute 1. Elis 2. it shall be lawfull for a Iustice of Peace of that limit upon proof by confession of the partie or oath of witnesse to call the partie before him and if he or they make not a sufficient excuse to the satisfaction of the said Justice then to give warrant to the Churchwardens of the said parish under his hand and seal to levie 12 pence by distresse to the use of the poore for every default and for want of distresse to commit the offender to prison every offender to be called in question for one moneth after the offence 3. Jac. 4. Lam. 418. None punished according to the branch of the statute of 3 Jac. 4 shall be punished by 1. Elis 2. for the same offence 3. Jac. 4.
is felonie Lam. 226 229. 233. Escape suffered by him that receiveth a known felon is no felonie Lam. 226 230 234. Vide plus Prisoners To suffer one to escape that is arrested for an act which was not then felonie but by matter consequent fell out so to be is no felonie Lam. 234. but is fineable Dal. 241. Cro. 39. a. Lam. 230. A prisoner under arrest onely escaping the escape must first be presented before he that suffered the escape shall answer it Dal. 242. A Justice sendeth for a felon out of the goal and freeth him without bail it is felonie in the Justice Dal. ibid. Cro. 39. b. A Justice pro defectu scientiae baileth one not bailable it is but a negligent escape Dal. 242. Cro. 39. b. Offender upon his examination before a Justice confesseth the felonie who letteth him go without commitment or bail it is a voluntarie escape and so felonie in the Justice Dal. 260. Cro. 39. a. A town not walled must answer the escape of a manslayer in the day time Dal. 256. Cro. 40. b. The hundred must answer for a man slain out of the town and for insufficiencie the countie shall be charged Dal. ibid. Goaler or other officer suffereth his prisoner to go abroad for a time though the prisoner return as he was prescribed or let his prisoner go by bail or baston it is a negligent escape and fineable but Quaere for prisoners ought to be kept in salva certa custodia Dal. 240. Voluntarie escape of one arrested or committed for felonie is felonie in the goaler if for treason it is treason if for trespasse it is trespasse Dal. 241. A thief being in the custodie of the Constable doth suddenly hang drown or kill himself it is a negligent escape Dal. 270. Escheators Escheator other then those of a citie or borough that takes upon him the office not having lands in the shire of 20 pounds per annum or for life at least or that hath sold or set to farm the office to one for whom he will not answer and whose name he doth not certifie within â—0 dayes into the Exchequer shal be fined 40 pound 33. H. 8. 22. Lam. 409 414 429. Escheator taking for execution of any writ in any countie above 40 shill or 40 shill where the land is not held in capite shall be fined 40 shill 23. H. 6. 17. Lam. 410 414 430. Escheator taking above 15 shill for finding out an office not exceeding five pounds a yeare loseth 5 pounds 33. H. 8. 22. Lam. 410 415 430. Evesdroppers Evesdroppers which shall by night evesdrop mens houses are to be bound to the good behaviour Dal. 161. Evidences Justice of Peace must binde over informers for felonie to appeare and give evidence against the felon at the next generall goal-deliverie Dal. 39. Justice of Peace must binde such as declare any thing materiall to prove the felonie to appeare at the next goal-deliverie and give evidence Dal. 259 261. Examination taken by a Justice of Peace in one countie may be certified into another countie and there read and given in evidence Dal. 264. Estreats Estreats are the extracts of fines forfeitures and amerciaments made by the Clerk of the Peace by indentures the one delivered to the Sheriffe the other to the Barons of the Exchequer Lam. 59â— Lam. 548 562. Estreats of the penaltie for shooting in gunnes are to be recorded and sent into the Exchequer by the Justice that had the examination of the matter Lam. 292 295 297. Sheriffe or his minister that shall levie any of the Kings debts without shewing the partie the estreats under the Exchequer seal shall be sined and pay treble damages to the partie 24. E. 3. 9. 7. H. 4. 13. Lam. 411 416 432. He that estreateth issues of others then were chargeable or charged loseth five marks to the King 27. El. 7. Lam. 413 417 432. Examination Felon brought before a Justice must be examined before he be committed to prison and the information of those that bring him must be put in writing within two dayes after and the party bound to appeare and give evidence at the next goal-delivery 2. and 3. Ph. Mar. Lam. 196 207 212. Before the statute the examination of a felon was not warranted at the Common law for nemo tenetur prodere seipsum ibid. but the offender shall not be examined upon oath Dal. 264. Circumstances observable in examination of a felon Lam. 202 213. Dal. 260. Lam. 218. In what offences conviction shall be by examination vide the severall offences Conviction cannot be by examination onely but where the statute giveth it either by referring it to the discretion of the Justices or specially limitting it Lam. 504 515 534. Where the statute limitteth conviction to be by examination generall a Iustice of Peace may examine as well the offenders as witnesses Lam. 505 517 535. Where the examination of a Iustice of Peace is the conviction of the partie it ought to be upon oath but when it is but to inform the Jurie upon that enditement it needs not ibid. Lam. 536. Examination of witnesses is to be taken as well against as for the King Dal. 265. but Quaere whether it may be upon oath which maketh against the King Confession of an offender before a Iustice of Peace is not conviction except he confesse the same again upon his triall or arraignement Dal. 268. Extolling forrain power vide Treason Extortion Ordinarie Archdeacon Officiall Sheriffe Escheator Coroner Under-Sheriffe Bailiffe Goaler or other officer that by colour of his office taketh more then his fee or any fee or reward for expedition or unlawfully exacteth any oath or other undue thing Lam. 409 414 434. Any thing taken colore officii is extortion but virtute officii is allowable Cro. 57. b. The Sheriffe or Goaler taking any thing of a Constable for bringing a felon to the goal it is extortion 4. E. 3. 9. loseth 10 pounds Cro. a. 58. b. If the Ordinarie or his minister take any thing to allow a Schoolmaster to teach children 23. Elis 1. Cro. 58. a. The Marshall detaining a prisoner after he is discharged by the Court for any thing due to him but his fees Cro. ibid. The Ordinarie citing a lay person to appeare in the Spirituall court to depose there as a witnesse Cro. 59. b. Vide plus Fees A man prescribeth to have 4 pence of every one whose beasts are taken in his ground damage fesant being impounded and to make amends to him at his will it is extortion if he take it Cro. 58. b. To take any thing for a mortuarie contrarie to the statute 21. H. 8. 6. where the goods come not to 20 nobles besides debts or for married woman or infant or one that keeps no house or way faring man or any that is not resident where he dyed is extortion Cro. 59. a. Faires and Markets HE that keepeth a faire or market in a Church-yard shall be fined Stat. Wint.
viz. 1 He must go to the place Dal. 41. Lamb. 2 Take sufficient power of the county or of the Town and the Sheriffe also if need be aswell to arrest offenders as also for removing of the force and for conveying them to the goal Dal. ibid. Lam. 3. Arrest and remove all offenders and take their weapons and prize them for the King Dal. ibid. If the doores be shut and entrance denied he may break open the house Dal. 42. Quaere The Justice cannot arrest or remove them if he finde no force except by enquitie Dal. 42. The Justice ought to make a record of the force and either keep it by him or indent it and certifie one part either into the Kings Bench or to the Clerk of the Peace and keep the other Dal. 42. The record of the Justice is a sufficient conviction of the offender and is not traversable ibid. The Justice ought to commit immediately to the next goal those which he findeth continuing the force untill they pay their fine ibid. 91. or forfeit an â—00 pounds ibid. But such force must be in the presence or view of the Justice The Justices or some of them that see the force are the proper Judges of that offence and may assesse the fine but it must be upon every one severally Dal. 91. and is to be estreated into the Exchequer upon which assessing and estreating the partie is to be delivered Dal. 43. And so upon payment of the fine to the Justice or recognizance for payment Dal. 43. Quaere for the Sheriffe is accountable for all fines Or the Justice may record the force commit the offenders and certifie the record to the J. of Assize or to the Sessions and there the offenders fined Dal. 43. Cro. 161. a. But ought more properly to be assessed by them that record the force Dal. 91. Cro. ibid. and to be of value Or the Justice may certifie the record into the Kings Bench referre the fine thither Dal. 43. which Lambert thinketh the best course The fines must be reasonable secundum quantitatem qualitatem delicti The force ought to be inquired of in some good place or town neare where the force was Dal. 43. and that within a moneth if it be a riot 92. One Justice may enquire Dal 43. Enquirie may be though the offenders be not present or though the Justice go not to see the place where the force is Dal. 43 44. Lamb. 152. Without enquiry there can be no restitution Dal. 44 183. Cro. 161. b. 164. a. Upon enquirie making the Iustice must direct his precept to the Sheriffe to summon 24 of 40 shil a yeare land per annum Dal. 182. Upon default the Iustice may award an alias and pluries infinite till they come The Sheriffe at the day of the second precept must return 40 shill in issues upon every one at the third writ five pound and at every day after the double 8. Hen. 6. 0. 9. If any jurour have not 40 shill land yet the enditement is good for the King Quaere if there shall be restitution Dal. 182. Lam. 152. Returning of smaller issues then the statute hindreth not the enquirie Dal. ibid. Lam. ibid. Upon enquiry the Iustice may make restitution Dal. 44 182. wherein the Iustice needeth not to examine the title Dal. 183. Lamb. 156. A restitution before inquisition ibid. Cro. 161. 8. 164. â— In the enditement not onely the entry but also the putting out must be and adhuc extra tenent Lam. 153. for lack of these words no restitution can be made Dal. 44 181. Cro. 163. 8. Lam. The enditement must be good both in matter and form Dal. 183. the words manuforti or cum multitudine are necessarie ibid. The enditement must expresse the qualitie of the thing whether messuage cottage c. tenementum may extend to either and so entertain Dal. ibid. If restitution be made by a Justice upon an insufficient enditement the Kings Bench will restore the other Dal. 184. Cro. 162. a. If errour be in the enditement any two of these Justices which were at the taking of the enditement upon prayer of the partie may grant a supersedeas to stay restitution if restitution be not made Dal. 184. Cro. 165. a. But no Justice not present can grant a supersedeas ibid. The Justice may make restitution or give warrant to the Sheriffe or certifie into the Kings bench and leave the award of restitution to that Court Dal. 44 185. Lam. 156. None can grant restitution but they before whom the force was found Dal. 44 185. except the Kings Bench. None can personally restore the partie but he that took the enquirie Dal. 185. But by precept to the Sheriffe Lam. 158. After enquirie the Justice of Peace may break into the house by force and put the ejected into possession Dal. 44. If restitution be made without enquirie it is punishable in the Starrechamber Dal. 45. Restitution must onely be made to him that was put out Dal. 45 185. Restitution is to be made onely of house and land Dal. 183. but not of rent common or advowson 45. Restitution may be made notwithstanding a traverse Dal. 45. but upon tender of traverse the safest way for the Justice is to certifie the presentment into the Kings Bench. ibid. If the Justice upon complaint or notice given of a force do not remove the force record it and commit the offenders it is punishable in the Starre-chamber Dal. 45. The offenders being gone the Justice may send his warrant and commit them till they finde suretie of their good behaviour Dal. 45. If force be made by three it is a riot Dal. ibid. The proceedings upon a writ upon the statute of Northampton 2. Ed. 3. 3. 1 The Iustice of Peace to whom this writ is delivered is but a minister therein and coming to the place where the force is supposed by the writ he may cause 3 O yes and then make proclamation for silence prout Dal. 46. Cro. 72. a. b. Lam. 168. 2 Then may he reade or cause the writ to be read or declare the effect thereof 3 Then let three O yes be made and make proclamation again for the peace prout Dal. 47. Cro. 42. b. Lam. 4 Either enter and search for armour or enquire by jury ibid. All that remain after proclamation are to be imprisoned and the armour apprized ibid. If upon proclamation they depart they are not to be imprisoned The execution of the statute of Northampton without writ Every Justice of Peace may execute it ex officio without writ Dal. 47. Cro. 72. a. The difference in the manner of execution is that without writ there needeth no proclamation nor certificate into the Chancerie but the Justice may enter search commit the offenders there found apprize the armour record all what he shall do and thereout send an estreat into the Exchequer Dal. 47 48. Cro. ibid. The Justice cannot make restitution to the partie outed but
assesse the same though the presented be absent saving to the offender his traverse Dal. 51. Cro. 125. b. 195. a The defaults contrarie to these statutes 1 If the Constable and Churchwardens do not on Tuesday or Wednesday in Easter week choose surveyours for high-wayes 2 If six dayes be not by them then appointed for mending high-wayes before Midsummer 3 If notice be not given by them openly in the Church the sunday after Easter of the said six daies 4 If he that hath a plow-land in tillage or pasture or draught do not for every draught or plow-land send one cart with two able men to work 8 houres of every of the said six dayes 20 shill And every other parishioner having 5 pounds in goods 40 shillings in lands in the subsidie must finde every day two able men or lose 10 shillings and every cottage one or lose 12 pence a day But 18 Elis 9. he that occupieth a plow-land in severall parishes onely where he dwelleth and he which hath plow-land in severall parishes shall be charged in each town Dal. 52. Cro. 82. b. 5 If the carriages be not thought needfull by the survayours then two able men for every cart spared 6 If fences hedges and ditches next adjoyning to the high-wayes be not kept low scoured and repaired 7 If all trees and bushes growing in the high-wayes be not cut down 8 If any chosen to be survayours refuse the office or do not execute it 9 If the survayour do not within one moneth next after the offence committed present it to the next Iustice 10 If the Bailiffe or Constable who receiveth the estreats do not levie the same or make not a true account and payment of all summes levied to the Constable and Churchwardens or the Constables and Churchwardens have not imployed them upon the high-wayes If the survayours do certifie the next Justice in a moneth the Justice ought to certifie the presentment at the next Sessions If the survayours present not til after the moneth and the Justices do certifie it at the next Sessions it is not good against the offenders Two Justices one being of the Quorum may call those to whom the estreats are delivered to their account betwixt the first of March and last of Aprill and compell them to pay all such arrerages as they shall adjudge to the Constables and Churchwardens or imprison them till payment of such arrerages be made and call the survayours and Constables and Churchwardens to an account All fines at the Sessions for high-wayes shall be levied by estreats indented by the Clerk of the Peace and delivered by him within six weeks after Michaelmasse Dal. 53. The Bishops Chancellour and three Justices of Peace may examine the bestowing of any money appointed by any statute for the amending high-wayes or bridges and call to account the detainer thereof 14. Elis 5. 29. Elis 8. Lam. 366. Upon enditement for repair of bridges in high-wayes there shall be like processe as the Kings Bench useth or such as the Justice of Peace thinketh meet 22. H. 8. 5. Lam. 523. High-wayes leading from one market town to another shall neither have dike underwood or bush whereby a man may lurk to do hurt within 200 foot of one side or other if default be in the Lord and any robberie be done therein he must be answerable for it and the Lord of a park must set it 200 foot from each side from the way or a sufficient wall dike hedge or pale that the offenders cannot passe Dal. 130. Homicide Homicide is the killing of a man by a man Dal. 207. It is no difference whether the slain be alien denison or English man if he lives under the Kings protection Dal. ibid. Cro. 21. a. Lam. 237. To kill one attainted of treason or of felonie or outlawed for felonie or attainted in Premunire is felonie Dal. 207. Cro. 24. 3. Homicide is either killing himself felo de se or another Felo de se forfeiteth to the King his goods and chattels reall and personall and his debts due by speciall Dal. 208. but no lands nor bloud corrupted ibid. His goods are not forfeited till his death ibid. Infant or non compos mentis do not forfeit but a lunatick killing himself out of his lunacie doth forfeit his goods Dal. 208. Homicide of another is Voluntarie Involuntarie Voluntarie is Murder vide Murder Manslaughter Manslaughter is when two fight together upon the sudden without malice precedent and one of them doth kill the other Dal. 214. Cro. 26. a. Lam. 247. Manslaughter by Chancemedley or Se defendendo his person house goods Manslaughter by Chancemedley is felonie but may have his clergie Dal. 214. One fighting breaks his weapon a stander by lends him another whereby the other is killed it is manslaughter in the lender Dal. ibid. Cro. 26. b. Lam. 252. Two fighting on the sudden part and meet again one killeth the other it is a continued fray Dal. ibid. Cro. 23. b. 24. a. 26. Lam. 250. The servant fighting in his masters defence though there were malice in the master not told to the servant Lam. 248. so a stranger suddenly taking part Lam. 248. Two that were in malice are reconciled fall out upon new occasion and one is killed it is manslaughter onely Dal. 215. Lam. 250. Se defendendo when one killeth another in the necessarie defence of himself or his thereby to save himself or his possessions or goods or some other persons which he is bound to defend from perill and it is either against a felon as murderer or thief or a loyall subject Dal. 220. Lam. 252. Against a loyall subject if he be assailed by another man he must flie so much as he may till he be letted by some wall ditch hedge preasse of people or other impediment that his necessitie of defence may seem inevitable and he shall be committed till the time of his triall lose his goods and seek his pardon Lam. 153. Dal. 221. It is not materiall though he strike again if before he give any deadly wound he flie to the strait Neither is it materiall though there were former malice unlesse he lie in wait for the other or agree for the place of fight or strike the first stroke Lam. 253. Dal. 221. Or assaulted in his own house upon a sudden quarrell or thereby killeth him Lam. 254. but he forfeiteth his goods and must have his pardon except the assaylant came with a felonious intent to kill or robbe him Dal. 221. Cro. 28. a. Lam. 254. A man falleth to the ground there his flying to a strait is not necessarie Dal. 225. An officer or minister of Justice in executing his office being assaulted is not bound to flie Dal. 214. A servant killing him who robbed or killed his master so it be done presently or in defence of his masters person or goods if it cannot otherwise be avoided Dal. ibid. Cro. 28. a. Forrester Parker or Warrener or any in their companie killing
not having lands per annum spirituall person a benefice not above 10 po per annum keeping dogs to hunt or using ferrets c. shall be imprisoned for a yeare 13. R. E. 13. Vide Parks Hundred Hundred with the liberties therein to be equally taxed by 2 Iustices of Peace one to be of the Quorum in or near the hundred for relief of those that are robbed 27. Elis 13. Dal. 104 256. The robbed shall not have his action upon the statute of 27. Elis 13. except he first with all speed convenient give notice of the robbery to some inhabitant near the place where he was robbed 2 Commence his suit within a year next after such robbery committed 3 He being examined upon his oath within 20 dayes next before such actions brought by one Iust where the robbery was committed dwelling near 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 Iustice to prosecute the offenders effectually by enditement or otherwise by course of law Dal. 104. The hundred must answer the losse if the robbers be not taken within 40 dayes Dal. 104 256. Cro. 179. a. A man is slain out of a town and the murderer doth escape the hundred shall be charged therewith 256. Jurie of one hundred may present an offence done in another hundred Lam. 399. Hue and Crie For the apprehending of homicides burglars robbers and other felons hue and crie shall be made and every man shall follow the hue and crie and he that doth not shall be attainted to appeare before the Justice of goal-deliverie It seemeth any Iustice of Peace may binde him over by the commission Dal. 256. Cro. 179. b. Hue and crie ought to be made from town to town from countrey to countrey by horse-men and foot-men 13. Ed. 1. 12. 27. El. 13. Dal. 57. Cro. 178. b. 179. and upon committing of any robberie or felonie the officer of the town where it was done ought to send hue and crie to every town round about him Dal. 57. Cro. 178. b. Every Iustice of Peace may cause hue and crie fresh suit and search to be made upon any murder robberie theft or other felonie committed by force of the first assignavimus Dal. 39 57. Lam. 185. By a false hue and crie to enter into any house with the Constable to binde and robbe the Constable and master of the house in the night is burglarie Lam. 263. Vide plus Robberie Jesuites Seminarie Priests ANy Justice of Peace within the Countie in which any Jesuites Seminarie Priests or other Priests Deacons religious or Ecclesiasticall person shall arrive or land may within three dayes after take the submission oath and acknowledgement of him touching his obedience to the King and laws provided in cases of religion 27. El. 2. Lam. 189. Dal. 80. 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 dayes after such knowledge under the pain of fine and imprisonment the Justice within 28 dayes must give information thereof to one of the privie Councell on pain of 200 marks 27. El. 2. Lam. 198. Two Justices of Peace of the countie 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 dayes after their return take their submission under the oath of alleagiance 1. El. 27. El. 2. To receive Jesuites or Seminarie Priests contrarie to the statute is felonie 27. Elis Lam. 414. Any within three dayes after the offence committed discovering to any Justice of Peace any Recusant Seminarie or popish Priest or any Masse to have been said any of them then present there and by reason of his discoverie any offender be taken and convicted shall be freed from the danger of the offence and have the third part of the forfeiture by such offence 3. Jac. 5. Lam. 199. Dal. 81. Imprisonments vide Prison Indictments vide Enditements Information Information against a felon whether he shall be taken by oath or no is uncertain but Lam. 213 214 215. and Dal. 264. and Cro. 194. a. do best allow it by oath No proces can be awarded upon information of a private person unlesse where the statute particulatly warranteth enquirie by information at the statute of 5. Elis 4. of labourers 5. Elis 21. of taking of fish deer or hawks Information of such as bring a felon must be taken by a Iustice of Peace so much thereof as is materiall he must put in writing within two dayes after the examination Dal. 159. Lam. 212. Two inform against another in matter of felonie and do varie in their talks viz. in the day and place when and where it was committed such information is not to be credited Dal. 26. Cro. 100. The bringer of the suspected will not inform it is meet to binde him over to give evidence Dal. 262. Form of a recognizance for the informer against a felon Lam. 214 216. Informers and Promoters Informer compounding for any offence against a penall law without consent of some of the Court of Westminster or willing the delaying or discontinuing a suit loseth 40 pound and is to stand in the pillorie being convict thereof at the Quarter Sessions 18. El. 5. 27. El. 10. Lam. 439 609. Ingrosser Ingrosser is he that by any contract unlesse by grant of land or tithe buyeth corn on the ground or other dead victualls to the intent to sell them again except buyers of barley or oats to make malt or oatmeal Victuallers not forestalling Badgers and Drovers not abusing their lawfull license buyers of forrein commodities except fish salt are excepted 5. Ed. 6. 14. Elis cap. 15. 13. Elis 15. Lam. 451. Inneholder Inneholder taking any thing for litter or excessively for hay or above a half penie a bushel above the market for oats loseth foure times the value of the overplus 13. R. 1. 8. 4. H. 1. 25. Lam. 473. repealed 7. Jac. 21. Vide plus Horse-bread Inneholder or alehouse-keeper may be compelled by a Constable to lodge strangers Dal. 28. edit 1626. Inneholder that suffereth a non-inhabitant to tipple in his house shall incurre the penaltie limited 1. Jac. 9. 1. cap. 4. Innekeeper taverner victualter is within the statute Jac. 9. 4. Jac. 1. cap. 4. Inmates vide Cottages Inrolment One Iustice of Peace may joyn with the Clerk of the Peace in taking of an inrolment of an indenture of bargain and sale of lands c. lying in the same Countie 11. H. 7. 15. and is to have 12 pence if the land exceed not in value 10 shillings a yeare and if it do then 2 shill 6 pence and taking above fined 17. H. 8. 15. Lam. 196 369 393. 436. Issues The Sheriffe that gathereth other
Offences upon any statute for not going to Church or receiving the Sacrament may be heard and be determined by the Iustices of Peace at their Qu. Sessions as Iustices of Assize might before 3. Jac. 4. Lam. 617. Upon an enditement for not coming to Church or not receiving the Sacrament Iustices of the Peace at their Qu. Sessions may by proclamation command the indicted to render his bodie to the Sheriffe before the next Qu. Sessions or Assizes and in default of appearance then the same to be a sufficient conviction 3. Jac. 4. Lam. 616. Popish Recusant convicted of not coming to Church according to law shall in Easter or Michaelmasse term next after the conviction pay into his Majest receit after the rate of 20 pound a moneth and so to continue without any other enditement till he conform himself and in default of payment all his goods and two parts of his lands to be seized till conformitie leaving the mansion house to the third part 3. Jac. 4. The King seizing 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. Jac. 4. Enditements against Popish Recusants are not to be avoided for want of form untill conformitie 3. Jac. 4. Iustice of Peace may heare and determine all offences against the statute 3. Jac. 4. except treason 3. Jac. 4. Lam. 617. Attainder of felonie upon the statute of 3. Jac. 4. of Popish Recusants barreth not dower nor corrupteth bloud 3. Jac. 4. Any pursued for doing any thing warranted by the statute of 3. Jac. 4. may plead the generall issue and give the speciall matter in evidence 3. Jac. 4. Husband is not chargeable with the forfeiture of the wife upon the statute of 3. Jac. 4. for not receiving the Sacrament nor the wife after his death Popish Recusant convict coming to the court where the King or his heir apparant is without the Kings command or warrant in writing from the Councell loseth 100 pound 3. Jac. 5. the one half to the prosecuter Recusants convict or other forbearing for three moneths to heare divine service now dwelling in London or within 10 miles except tradesmen having no other dwelling are to depart within 40 dayes and if they come to dwell there within 3 moneths then to depart within 10 dayes after conviction and to deliver their names to the Maior of London or the next Justice of the countie or lose 100 pound 3. Jac. 5. the moytie to the prosecuter Every one not repairing every sunday to some usuall place appointed for Common prayer there to heare Divine service upon conviction within one moneth after default upon confession or oath of one witnesse 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 Just of Peace may levie 12 pence for every default by distresse and sale of the offenders goods in default of distresse the Justice may commit him till he pay it which is to be imployed for the poore 3. Jac. 4. Dal. 80. They which harbour within their houses any except parents or others to whose custodie they are committed or knowing the same retain in their service any absenting themselves a moneth together from Church without reasonable excuse lose 10 pound a moneth 3. Jac. 4. The King or five Lords of the privie Councell may by writing under the hands of the privie Councell license a Popish Recusant confined five miles to travell oâ—… of his compasse for such time as is contained in the license without inserting any cause 3. Jac. 5. Popish Recusant confined to five miles informing upon oath foure Iustices of Peace that he hath necessarie occasion to travell further and that he will make no causelesse delayes they with the assent of the Bishop of the diocesse Lieutenant or his deputie under their hands and seals and specifying in their license the cause and time of travell may by license under their hands and seals give libertie to him to travell forth of his compasse all other licenses to be void and any travelling without such license not having taken such oath shall forfeit as a Recusant convicted by the statute of 35. El. 2. 3. Jac. 5. Dal. 84. Lam. 365. Statute 35. El. 2. confining Popish Recusants to certain limits is hereby confirmed and the proviso for licensing them to go beyond their limits is hereby repealed 3. Jac. 5. Popish Recusants convicted are not to practise the common or civill law nor physick nor to execute any offices places or trades belonging to any of them nor to be Minister or officer in any Court nor to have any place of command or office in warre nor any office or charge in any ship castle or fortresse of the Kings on pain of an 100 pound one moytie to the King the other to him that will sue 3. Jac. 5. Popish Recusant convicted or whose wife is a Popish Recusant during recusancie not to execute any publick office or charge in the Realm Married woman being a Recusant convicted whose husband is not convicted not conforming her self according to law forfeiteth to the King two parts of her dower and joynture and is disabled to be executrix or administratrix to her husband 3. Jac. 5. Popish Recusant upon conviction is to be adjudged excommunicate to all intents except in being able to sue for or concerning his lands and leases not seised by the King 3. Jac. 5. Recusant convicted married otherwise then by a Minister lawfully authorised and according to the orders of the Church is disabled to be tenant by courtesie or in dower or by jointure or to have widows estate or frankbank or any part of her husbands goods and marrying any by whom he is not entituled to be tenant by the courtesie loseth 100 pound one moytie to the King the other to him that will sue 3. Jac. 5. Childe of a Popish Recusant not baptized according to the orders of the Church within one moneth after the birth the father or mother if he die within the moneth loseth 100 pound whereof one third part to the King another to the poore of the parish and the third to him that will sue 3. Jac. 5. Popish Recusant excommunicated buried otherwise then according to the orders of the Church his executours or administratours knowing it or causers of it lose 20 pound one third part to the King one third part to the poore of the parish and one third part to him that will sue for it 3. Jac. 5. Popish Recusant convicted during his conviction to be from the ending of that parliament disabled to grant any advoâ—…son c. or to present or nominate to any spirituall living the same to remain to the Chancellours of the Universities according to the severall shires limited in that statute so that they present none having a former benefice with cure if they do the same to be
void 3. Jac. 5. Penalties upon the statute of 3. Jac. 5. against Recusants to be recovered in any his Majesties courts of record by action of debt bill plaint or information without â—ssoin protection or wager of law 3. Jac. 5. Married woman under Baronesse convicted of not coming to Church who doth not within three moneths after conform her self to be committed by two Justices of the Peace one being of the Quorum untill conformitie unlesse her husband pay 10 pound a moneth to the King or the third part of his lands 7. Jac. 6. The penaltie of 12 pence and of 20 pound a moneth shall be both of them payed by a Recusant convict Dal. 104. Cook 11. 63. b. Two Justices of the Peace may require a convicted Recusant of small abilitie who repaireth not to the place of his dwelling or place of his birth there to notifie himself to the Minister and Constables according to the statute of 35. Elis or afterwards remove 5 miles from the same if upon apprehension he conform not within 3 moneths to abjure the realm and assigne him his time and haven 35. El. 2. Dal. 8. The form of the oath You shall swear you shall depart this Realm of England and all other his Majesties dominions and that you shall not return hither or come again into any of his Majesties dominious without license of our soveraigne Lord the King or of his heirs so help you God Dal. 107. Stam. 119. Every such Recusant that refuseth to abjure or after abjuration doth not within the time appointed go to such haven and depart or after such abjuration returneth without his Majesties speciall license in every such case shall be adjudged a felon 35. El. 2. Dal. 108. Lam. 419. The Justices of Peace before whom such abjurations shall be made must presently cause the same to be entred at the next generall goal-deliverie in the said countie ibid. The Bishop of the diocesse or any one Justice of Peace or Minister of the parish where such convicted Recusant shall be may require his submission ibid. Justices of Peace at their Quarter Sessions may require heare and determine of all Recusants both for not coming to Church and not receiving the Sacrament according to law as J. of Assize and goal-deliverie may do and at the Sessions in which such enditement shall be taken make proclamation to render their bodies to the Sheriffe and before the next Quarter Sessions at which if the offender make not appearance of record it shall be a conviction 1. Jac. 4. Lam. 616. Regratour Regratour is he that buyeth live or dead victualls tallow or candles in the market and selleth the same there or within 4 miles â—3 El. 25. Lam. 450. Release Iustice of Peace compelleth one of his own motion to give suretie of the Peace untill a certain day he may by like discretion release it before the day Lam. 110. Dal. 146. Cro. 139. b. Partie bound generally to keep the Peace without any day limited it is for life and no man can release it Lam. 110. Dal. 146. Cro. 142. b. Recognisance is taken at the suit of 〈◊〉 to keep the Peace against him onely A may release it before the same Iustice or any other that will certifie it Lam. 110. Dal. 147. Cro. 139. b. 169. a. That release being certified at the next Quarter Sessions will discharge the partie bound of his appearance so that he shall not be called upon for his recognisance Dal. ibid. Recognisance is taken versus cunctum populum praecipuè versus A yet A may release it before any Iustice tamen quaere Lam. 110. Dal. 147. Cro. 142. b. Recognisance is taken by discretion or upon suit the King cannot release or pardon it before forfeiture Lam. 111. Dal. 147. Cro. 140. b. 141. a. The Peace being released the recognisance must not be cancelled but certified at the Sessions with the release lest peradventure the Peace was broken before the release made Lam. 111. Dal. 144. Cro. 1. Whether the good abearing taken upon complaint may be released by any speciall person quaere Lam 133. Dal. 163. Neither the Iustice of the Peace nor the partie can discharge the recognisance of the Peace by the release out of the Sessions for first the recognisance is made by the King and therefore none but the King can release or discharge it Secondly the recognisance is taken for the parties appearance and the release cannot discharge the appearance Dal. 175. The appearance is requisite notwithstanding any release made first for the safetie of the recognisance secondly that others may object in open Sessions if he have broken the Peace that he may be endited thereupon Dal. 176. F. contra Comp. 139. b. If the Iustices of Peace at the Sessions do certifie the release by this the obliged is discharged and shall not be called upon for his recognisance nor his default recorded for the principall cause of the recognisance was the keeping of the Peace the which is discharged by the release which is certified at the Sessions and then the appearance is but accessarie to the same and the intent is onely that then he should finde new suretie if the partie will not release and this is the common usage Vide plus Recognisance Forfeiture Religious houses The owner of the site of a religious house dissolved must keep a continuall house there or lose 20 nobles a moneth to be enquired of at the Quarter Sessions 27. H. 8. 22. 5. El. 2. Lam. 471. Replevin vide Bailment Rescous of a Felon Rescous is to help a prisoner to get away and if it be a felon it is felonie Lam. 229. Dal. 238 239. Rescous of a felon before arrest is no felonie otherwise after arrest Lam. 230. Dal. 229. Quaere Rescuing a prisoner going to the gallows is felonie Dal. 229. A warrant being granted by a Iustice of the Peace for unlawfull hunting of deer or conies to make rescous thereupon is felonie Dal. 57. Rescous against an officer or person authorised to execute the statute of 39. El. 4. loseth 5 pound and is to be bound to his good behaviour Dal. 101. Restitution of Possession None shall have restitution but such as are put out of house or land Dal. 171. 183. Cro. 162. b. Lam. 153. If it be found upon enquirie that any have entred or held with force contrarie to the statute 8. H. 6. 9. the Iustice of Peace may reseise and put the partie so put out in full possession Dal. 182. Cro. 161. b. The Iustice of Peace needeth not to stay or stand upon the right or title of either partie Dal. 183. Cro. 161. b. 164. a. No restitution is to be made where there was onely a possession in law Lam. 153. In a restitution it is not enough that the putting out be found unlesse the enditement do also contain in it adhuc extra tenet Dal. 183. Cro. 163. b. Lam. 153. Restitution ought to be made to none other then the partie put
servants 3 Or refuseth to bail those that are bailable offering sufficient suretie 4 Or taketh any obligation by colour of his office but onely to himself and upon the name of his office and upon condition onely to appeare according to the writ or warrant 5 Or having taken for an arrest above 20 pence 6 Or above 4 pence for any obligation warrant or precept 7 Or above 4 pence for the copie of a pannell 8 Bailiffe for taking above 4 pence for making an arrest 9 Goaler taking above 4 pence of any committed to his ward upon arrest or attachment 10 Sheriffe or his ministers that shall levie any of the Kings debts without shewing the partie the estreats under the Exchequer seal shall be fined and pay trebble damages to the partie 42. El. 39. 7. H. 43. Lam. 432. 11 Sheriffe or other his minister arresting imprisoning ransoming of or levying any amerciaments by reason of any enditements or presentments made in the Sheriffes turn without processe first obtained from the Iustice of Peace or that hath not brought in such enditements and presentments to the Iustices of the Peace at the next Sessions loseth 10 pound 1. El. 4. Lam. 431. Sheriffe or any other who maketh return of any writ that returneth any Iurour without true addition of the place of his abode or within a yeare next before or without some addition by which the Iurour might be well known loseth 5 marks to the King and 5 marks to the partie 27. El. 7. Lam. 432. Sheriffe or goaler denying to receive felons by the delivery of any Constable or Township or having taken any thing for receiving such 4. E. 3. 10. Lam. 434. Sheriffe bailiffe or other officer or person refusing to pay over to the Churchwardens c. the moytie of the forfeitures by the statute of 4. Jac. against uttering of beer or ale to ale house-keepers unlicensed forfeiteth double value 4. Jac. 4. Lam. 434. Iustice of Peace being chosen Sheriffe his authoritie of I. is suspended during his Sheriffewick but after another is chosen and sworn his authoritie as a Iustice of Peace is as it was before without any new oath except he be left out of the commission Dal. 12. edit 1626. Shoes Making shoes pantofles c. contrarie to the rules prescribed in the statute loseth 3 shillings 4 pence for every paire of shoes c. and the value of 1. Jac. 22. Lam. 465. Shewing of boots c. on the sunday with intent to sell them loseth 3 shillings 4 pence and the value of them 1. Jac. 22. Lam. 466. Shooting vide Archerie Crosbows Partridges Silk vide Apparell Sope vide Vessells Souldiers Souldier serving the King by sea or land doth willingly give purloyn or put away any horse or harnesse wherewith he was set forth or taken from other souldiers was appointed to him upon complaint thereof to a Iustice of Peace he shall be committed without bail till he have made satisfaction unlesse he have been formerly punished by the Generall or other or shew forth in writing under seal the lawfull losse thereof 2. 3. E. 6. 2. Lam. 194. Souldiers passing out of the Realm to serve any forrain Prince c. not having before their passage taken the oath of alleagiance before the officer appointed thereunto is felonie 3. Jac. 4. Dalt 247. Souldier being a gentleman or of a higher degree or captain or other officer in camp passing to serve any forrain Prince c. before they be bound to the King with two sureties before the officer appointed not to be reconciled to the Pope c. or to consent to any conspiracie against the King but to disclose all conspiracies upon knowledge thereof c. it is felonie ibid. Souldier entred upon a record and having taken presse-money and that departeth without license it is felonie 1. H. 7. 1. 3. H. 8. 5. Dal. 247. or if they depart without license after they have served in the Kings warres 2. Ed. 6. 2. Dalt ibid. So of mariners and gunners that have taken presse-money to serve the King on the sea and come not unto or depart from the captain without license it is felonie 5. Elis 5. Dal. 247. In these cases following by the statute of 39. Elis 17. souldiers and mariners do become felons Dal. 247. Such which set themselves not to some lawfull course of life but wander up and down idlely not having a lawfull testimoniall if they come from beyond sea from some Iustice of Peace neare the place of their landing expressing the place and time of their landing the place to which they are to passe and a time limited for their passage or having such a testimoniall if they shall exceed the time limited To forge or counterfeit such testimoniall or to have a forged testimoniall knowing that it is forged Or being retained in service after his arraignment c. if he depart within the yeare without his Majesties license Poore souldier or mariner or sea-faring man suffering shipwrack may have a license from a Iustice of Peace next to his landing to passe to the place of his repair and may ask and receive necessary relief in his direct passage within the time limited to him 39. Elis 4. 39. Elis 17. Dal. 99 102. Lam. 303. Every parish is to be taxed to the relief of disabled souldiers by the greater part of the Iustices at their Quarter Sessions next after Easter so as no parish be above ten pence nor under two pence weekly to be paid so as the totall summe in any Countie where there shall be above 50 parishes do not exceed six pence every parish 43. Elis 3. The said taxation to be assessed within themselves and in default thereof by the Churchwardens and pettie Constables or the greater part of them in default thereof by the Iustices or Iustice of Peace dwelling in the same parish or if none be there in the parish next adjoyning 43. El. 3. In default of payment of the same assesse the Churchwardens and pettie Constables may levie it by distresse and sale c. and in their default the aforesaid Iustices or Iustice of Peace 43. El. 3. The Churchwardens and pettie Constables are to pay over their collections to the high Constable 10 dayes 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 pettie Constables forfeit 20 shillings and every high Constable 40 shillings to be levied by the Treasurer by distresse and sale for augmentation of stock 43. El. 3. Treasurer for maimed souldiers must be 10 pound in lands or 50 in goods in the subsidie and continue but for a yeare and within 10 dayes after Easter Sessions following to give account to his successour in default thereof or for other misdemeanour in his office to be fined 5 pound or above by the part of the Iustices of Peace 43. El. 3. Souldier or mariner sick or maimed by
There shall be no meeting assemblies or concourse of people for any sports or pastime out of their own parishes on the Lords day nor Bear-baiting Bul-baiting Interludes common playes or other unlawfull exercises within their own parishes upon forfeiture of 3 shillings 4 pence to the use of the poore upon view of one Justice of Peace confession of the partie offending or oath of one witnesse to be levied by warrant of the said Justice under hie hand and seal to the Constable and Churchwardesn in default of distresse the offender to sit in the stocks three houres The offender to be questioned within one moneth 1. Car. 1. Carryers waggoners waynmen drovers shall not travell with horse waggons carts or cattell upon Sunday upon pain of 20 shillings for every offence Neither shall any Butcher kill or sell any victuall upon Sunday on pain of 6 shillings 8 pence upon view of one Justice of Peace confession of the partie or oath of two witnesses the penaltie to be levied by the Constable or Churchwardens to the use of the poore by warrant from any Iustice of Peace by distresse or by any that will sue for the same at the Qu. Sessions in the same Countie within six moneths his reward not to be above the third part 1. Car. 1. Shewing of boots on the Sunday with intent to sell them loseth 3 shill 4 pence and the value of the boots 1. Jac. 22. Lam. 46. Supersedeas Supersedeas is sufficient though it heither name the sureties nor contain the summe wherein they are bound but it is better if it do both Lam. 96. Dalt 139. Supersedeas delivered to the officer if he urge new sureties the partie may refuse and if he be committed he may have his action Lam. 99. Dal. 139. Supersedeas out of the Chancery will discharge suretie of the Peace in the Kings Bench and either of them a precept for the peace awarded by a Iustice of Peace and an attachment lyeth against him if he surcease not and he may be imprisoned and fined for it Lam. 99. Dal. 140. Supersedeas received by a Iustice of Peace out of an higher court he should forbear to make any warrant or if one be made to send out his Supersedeas to the Sheriffe or other officer to desist to put it in execution Lam. 99 100. Supersedeas out of the Chancery is to be certified at the next Sessions together with the recognisance for the Peace if the Supersedeas do testifie that he hath found suretie in the Chancery onely unto a certain day which day it after those Sessions if the Supersedeas come to his hands after his recognisance taken Lam. 13. Dalt 140. Supersedeas for the good abearing quaere if it be granted by a Iustice of Peace Lam. 123. Dalt affirmeth it 164. Cro. 237 a. A Supersedeas made by a Iustice of Peace and returned under his seal is a sufficient record to prove a recognisance taken for the Peace and warrant to call the partie bound and if he make default to record the same Lam. 97. If a Iustice of P. will by a Supersedeas discharge a Precept for the Peace awarded by another by vertue of his office and not by Supplicavit the recognisance would be taken according to the form of the Precept Lam. 96. Dal. 139. Certiorari to remove a record is in it self a Supersedeas to the Iustice yet the partie may have a Supersedeas to the Sheriffe that he arrest him not upon the Iustices record Lam. 515. Whether the Iustice ex officio after a Certiorari ought to award their Supersedeas to stay proceeding upon their record quaere Lam. ibid. An exigent awarded against one indicted of a trespasse before the Iustices of Peace may be stayed by Supersedeas out of the Chancerie upon suretie found there to appeare the day in the Writ though he be taken upon it Lam. 326 327. So by Supersedeas granted by two Iustices of Peace one being of the Quorum testifying that he hath found sureties al. fine assidendo ibid. By one Iustice of Peace Dal. 176. Cro. 334. If a Supersedeas be directed to the Iustice of Peace and Sheriffe the Iustice to whose hands it shall be delivered may keep it and deliver the libell to the partie Dalt 140. Supersedeas granted for the Peace or good behaviour out of the Chancery or Kings Bench is void unlesse it be upon motion in open Court and upon sureties of five pounds in lands or 10 pounds in goods in subsidie Whether the partie bound sending the Supersedeas to the Sessions be discharged of his appearance there quaere Dal. 140 141. Lam. 113. Supplicavit He onely to whom the Writ of Supplicavit is delivered must execute it Dal. 153. The Iustice that receiveth the Writ may make the Warrant to the Constable or other partie and indifferent and if he refuse to finde sureties to carry him to prison Dalt 153. The partie attached can be bound onely before him that sent out the Warrant Dalt 153. The Iustice is to execute the Supplicavit as it directeth Dal. ibid. If the summes be left to discretion it is safe to take good summes Dalt ibid. After sureties taken the Iustice may make him a Supersedeas Dalt 153. The Iustice needs not return the Supplicavit nor make certificate untill a Certiorari do come to him Lam. 10. Dalt 157. Supremacie To refuse the oath of Supremacie the first offence is Praemunire the second Treason 5. Elis 1. Suretie of the Peace Suretie of the Peace is the acknowledgement of a recognisance to the King taken by a compettent Iudge of record for the keeping of the Peace Dal. 127. Every Iustice of Peace may take and command the Peace either as a Iudge or a Minister Dalt ibid. Iustice of Peace may command suretie of the Peace either of his own discretion or at the prayer of another In what cases a Justice of Peace may command suretie of the Peace by his own discretion Dal. 128 129. 1 One that maketh an affray upon the Iustice himself or an assault 2 Such as in his presence make an affray upon another or offer to strike another 3 Such as in his hearing shall threaten to kill beat or hurt another or to burn his house 4 Such as in his presence contend onely in hot words 5 Such as in his presence go or ride armed offensively or with unusuall number of servants or attendants And servants and labourers that bear any weapons contrary to the statute of 12. Ric. 2. 6 Any person by him suspected to be inclined to break the Peace 7 If the Constable bring one before him that shall threaten to kill maim or beat another 8 If the Constable bring one who in his presence attempted to break the Peace by drawn weapon striking or assaulting another 9 Whom the Constable findeth fighting or quarrelling in a house he may break open the doore and bring them before a Iustice of Peace to be bound 10 He may make his warrant