execution thereof 2. H. 6. 8. P. 10. In Riots Routs and unlawfull Assemblies these circumstances are to be considered viz. 1. The number of the persons assembled 2. The intent and purpose of their meeting 3. The lawfulness or unlawfulness of the act 4. The manner or circumstance of doing it To make a Riot Rout or unlawful Assembly three persons at the least must be gathered together If three or more shall come or assemble themselves together to the intent to any unlawful act with force or violence against the person of another his possessions or goods although they after depart of their own accord without doing any yet that is unlawfull Assembly If after their first meeting they shall ride go or move forwards towards the execution of any such Act this is a Rout. And if they do execute any such thing indeed then it is a Riot 2 If any Riot Rout or unlawfull Assembly be made three or two Justices of the Peace at the least and the Sheriff or Undersheriffe shall arrest the offenders and record that which they shall finde done in their presence against the Law and such offenders shall be convicted by the Record in manner and form as it is contained in the Stat. of forcible Entries 17 R. 2. 〈◊〉 13. H. 4. 7. P. See forcible Entries 2. 3. If such offenders be departed before the comming of the said Justices and Sheriff they shall diligently enquire within a month after and the same shal hear and determin according to the Law And if the truth cannot be found then within a month next after they shall certifie before the King and his Councel of the whole fact and circumstances thereof 13. H. 4. 7. P. 2. 3. Note also that if the offenders shall traverse the matter so certified the same Certificate and Traverse shal be sent into the Kings-bench to be tryed ibidem 4. Rioters attainted of great and heynous Riots shall have one years imprisonment as the king and his councel shall think good 2 H. 5. 8. and P. 10. 5. Each man being able to travel shal help to repress riots upon paino of imprisonment and fine 2 H. 5. 8. P. 12. 6. The sheriffe having a precept directed to him shall return twenty four persons dwelling in the Shire where the Riots c. shall be committed whereof every of them shal have Land and Tenements within the said shire to the yearly value of 20. s of Charter land of freehold or 26. s 8. d. oâ— Copyhold or of both above all charges to enquire of the said riot c. and shall return upon every of them in isâ—â—res at the first day 20. s at the second day 4 〈…〉 under the pain of 20 〈◊〉 9. H. 7 13. P. 14. 7. If by reason of Maintenance or Embracery of Jurors a Riot c. is not found the Justices and Sheriff besides such certificate that they be hound to make according to the said Statute 13 H. 4. shall in the same certificate certifie the names of the Maintainers Embracers with their misdemeanours upon pain to forfeit 20. l. and imprisoned at the discretion of the Justices 19 H. 7. 13. P. 15. 8. If any persons above the number of two and under twelve being assembled shal intend unlawfully with force to murder or slay any wan or to cut or cast down any inclosure or banks of any fish ponds or to do any the deeds mentioned in the Statute hereafter named and shall not depart upon proclamation but shall attempt to do any of these things they shall be imprisoned a year without bayle and pay treble damages and costs to the party grieved 1 M. 12. 1 Eliz. 16. Poulton 20. 9. If any person being moved to make commotion or infurrection or rebellious assembly shall not within twenty four hours after disclose the same to a Justice of peace or to a Sheriffe or if any person shall stir or proeure any other to make such assembly he shall be three monthes imprisoned without bayle unless he shall be discharged by three Justices of the peace whereof one to be of the quorum of the same shire where the offence shall be commited 1 M. 12. 1 Eliz. 10. P. 24. 30. 10. The raising of unlawfull assemblies to the number of twelve or forty and not to depart within an hour being commanded by proclamation and also the relieving of any such persons is felony i M. i2 1 Eliz. i6 P. 17 i8 19. 28. 31. Robbery Theft THeft is the taking away of another mansgoods with an intent to steal them against the wil of the owner and is of two sorts Robbery and Larceny Dalt fol. 226. Robbery is the felonious taking of any thing from the person of another or in his presence against his will and putting in fear thereby and for which the offender shal suffer death without Clergy Dalton fol. 227. 3. Robbers in or near the highway shal not have Clergy how much or how little soever they take away 1. Ed. 6. 2. P. Clergy 131. Nor he which robbeth any house by day or night any person being in the same or thereby put in fear nor he which robbeth any person at any part of his dwelling the owner his wife children or servants sleeping or waking within the precinct thereof Nor he which robbeth a Tent or Booth in fair or Market the owner his wife children or servants being within the same Nor he which robbeth any dwelling house or out-house thereto used in the day time though no person were therein of the value of five shillings or above Nor he which doth feloniously take goods out of any Church or Chappell see P. Clergy 13. Rome AGainst such as maintain the Authority of the Bishop of ROME see 5 El. 1. P. 1. 2. Against such as give or take absolution by any Bulls from ROME or shall obtain or get from the said bishop any manner of bull writing or other instrument or shal bring into this Realm any tokens or things called by the name of Agnus Dei or any Crosses Pictures Beads c. and their ayders see 13. El. 2. P. 2 3 4 5. 3 Against such as withdraw any from their obedience to the King and their Ayders see 32. El. 2. Poulton 7. 8. 4. Against such as extol any forraign power c. see 1. El. 1. 5 El. 1. P. Crown 2 6 7 8. 5. Against such as depart out of the Realm to ferve any forraigne Prince 3. Iac. 4. Poult Recusants 48. Sewers 1. THe Just of peace in their quarter Sessions may administer the oath to any Commissioner of Sewers according to the Stat. 23 H. 〈◊〉 5. P. 3 4. 2. Six Justices of the peace two of them being of the quorum may for a whole year after expiration of a Commission of Sewers execute
he shall forfeit twenty shillings Ibid. plow- 2. If any person having a Plow-land in Tillage or pasture keeping a draught or plough and shall not finde one waine or Cart furnished to worke eight hours every of the said dayes he shall forfeite for every of the said draughts making default ten shillings Ibid. A plow-Plow-land is so much as one can plow in a year Dalt fol. 53. c. 3. If any of the carriages of the parish shall not be thought needful by the Surveyors to be occupied upon any of the said dayes then such person as should have sent carriage shal send for every such carriage so spared two able men to labour for that day upon paine to forfeit for every man not sent 12. d. 2. 3. P. M. 8. 5 Eliz. i3 29 Ed. 〈◊〉 P. 3. 4. If any housholder Cottager or Labourer having no Plough or draught shall not by himself or some other work eight hours of the said six dayes 〈◊〉 the highwayes he shal forfeit for every default it 〈◊〉 Ibid. P. 4. 5. Surveyors may by their discretion take other mens rubbish stones and gravel upon their grounds for amending the highwaies but must stop the pits again within one month after such diging upon pain to forfeit to the ow 〈…〉 5. Marks 5 El. i3 29. El 5. P. 5. 6. Surveyors may also turn a watâ—â— course being noysome to the highwayes into any mans ground adjoyning Ibid. P. 6. 7. If the hayes fences dikes or hedges neer adjoyning to any highway shall not be diked scoured repaired and kept low and all trees and bushes growing in the same cut down the owners shall pay for every default ten shillings 5 El. i3 i8 El. i0 P. 7. 8. If any Surveyor shall not within one month next after any offence donâ— against the meaning of these Statutes present the said offence to the next Justice of peace he shal forfeit for every offence not presented 40. s And the same Justice not certifying it at the next Sessions 5 El. 13. 29 El. 5. P. 8. 9. If any offender shall obstinately refuse to pay his forfeitures c. within 〈◊〉 dayes after lawfull demand he shal forfeit double the sum he should have payed Ibid. P. 9. 10. If any person being assessed in Subsidue to 5. l. in goods or 40s in lands â—hal not find two able men to yearly 〈◊〉 labour in the highwayes he shal be 〈◊〉 i8 El. i0 P. i2 11. VVhosoever shall occupy a plow-land in tillage or pasture lying in several parishes shall be chargeable to the making of the wayes in the parish where 〈◊〉 dwelleth i8 El. i0 P. i3 12. VVhosoever shall keep in his hands several ploughlands in severall parishes shal be charged with the repairing of the highwayes within the several parishes where the said lands lie 〈◊〉 El. i0 P. i4 13. Every person that shall occupy any Lands adjoyning to and highways where any ditching or scouring ought to be shal ditch and scour in his ground whereby to conveigh the water out of the highway upon paiâ— to forfeite for every rod not so done 12. d. 12 Eliz. 〈◊〉 P. 15. 14. Whosoever shall occupy any la 〈…〉 adjoyning to any highway leading 〈…〉 any Market town and shall cast or l 〈…〉 the scouring of any ditch into the hig 〈…〉 way and shall suffer it to lye there 〈◊〉 the space of six monthes to the anno 〈…〉 ance of the highway shall forfeite 〈◊〉 every load 12. d. 18. Eliz. 10. P 〈…〉 16. Where any soyle hath been so 〈◊〉 into the highway that there is a B 〈…〉 betweeen the said Highway and the Ditch the Surveyors and workm 〈…〉 may make Sluces to convey the wa 〈…〉 into the ditch Ibid. See 2. 3. Pl. M. 8. 18. El. 〈…〉 P. i0 ii i7 15. If any Lord of the soyle shal n 〈…〉 enlarge the highwayes from Market 〈…〉 Market so that no dike bush or Tr 〈…〉 except great be within two hundr 〈…〉 foot of each side thereof for the bett 〈…〉 preventing of Roberies and Murthe 〈…〉 he shall answer for any Felony d 〈…〉 therein and for Murther shall be fined at the kings pleasure Stat. Winche 〈…〉 13 Ed. 1. 5. and P. 18. 18. A remedy where it is not know 〈…〉 〈…〉 ho ought to make or repair Bridges 〈◊〉 H. 8. 8. 5. 1. 2. 3. 4. 5. and 〈◊〉 70. If a man of his owne accord shall â—ake or mend a Bridge this shall no â—nde him at any other time yet if he â—nd his ancestors or any Corporation 〈…〉 ave done it time out of mind although 〈…〉 ot of right yet such continuance shall 〈…〉 nd them and their heirs or successors 〈…〉 id Dalt â—ol 34. If a man make a Bridge for â—asement 〈…〉 his Mill and that decayeth the party or any other shall be charged to repair 〈…〉 is for it is no common passage Dalt 〈…〉 l. 34. Such as are chargeable to repaire 〈…〉 ridges may enter upon any other 〈…〉 ans Land or soyle adjoyning and 〈…〉 ay lay their stone time timber or 〈…〉 ther necessaries for the repairing ther 〈…〉 f and the owner of the lands shal have â—o action against them therefore be 〈…〉 use it is for the common good Dalt 〈…〉 l. 34. Horses THe Justices of peace in their 〈◊〉 ter lessions may enquire of h 〈…〉 and determine all defaults 〈…〉 offences done contrary to the Sta 〈…〉 3â— H. 8. i3 33 H. 8 5. concorning 〈◊〉 keeping and breeding of Horses see 〈…〉 3 4 5 6 7 8 9 10 ii 12. Just 47 〈…〉 Horse 〈…〉 alâ—â—s nor their accessa 〈…〉 before nor after shal not have their c 〈…〉 〈…〉 〈◊〉 Ed. 〈◊〉 33. 3â— El. 〈…〉 P. Cle 〈…〉 Concerning stealing 〈…〉 Horses See faires c. Huy and Cry 1. ALL Huy and Cry ought to be made from town to town a 〈…〉 from countrey to countrey anâ— by horsemen and footmen otherwise 〈…〉 is no lawfull pursuit 27. El. i3 p. i. 9. 2. VVhosoever shal raise Huy and Cry without cause or being raised upon good cause shal refuse to pursue and arrest Felons or such as have dangerously hurt any man shall be fined at the Kings pleasure 3. Ed. i. 9. P. i. 2. Huy and Cry shall be levied against him that will not obey the VVatch in the night VVhat the party robbed ought to do which will take any benefit by vertue of the Stat. of Huy and Cry 27 El. i3 P. 8. i0 Hunters and Hunting 1. VVHosoever shal in the night unlawfully enter c. and hunt take or kil any Conies shall suffer three monthes imprisonment pay to the party grieved treble damage and cost and be bound with sureties to be of good behaviour seven years after 3 Iac. 13. P. Forrests 9. ii 2. VVhosoever shall by night or day unlawfully enter into any Parke
impaled or other severall grounds inclosed for the keeping of Deer and there unlawfull hunt drive or chase out or take kill or slay any Deer against the will of the owner or occupier of the same shall suffer three monthes imprisonment pay to the party grieved ten pound or treble damages and costs at his election 7 Iac. 13. Quaere if he shall not be also bound to the good behaviour for seven years after according to the Stat. 3 Iac. i3 3. To hunt in the night in any Forrest Park or VVarren with Vizors or other disguisements and to conceal the same or any offender upon examination before a Iustice of the Peace or to disobey any arrest for such hunting or to make rescues thereupon is Felony but to confesse the truth is against the King but trespasse fynable by the Iustices at the next Sessions 1 Hen. 7. 7. Poult 4. Iust 16. 〈◊〉 VVhosoever committeth trespass in Parks shall make great amends to the party be three years imprisoned and bound with sureties not to commâ—â— the like offence and be also fined at the Kings pleasure VVestin i. 3. Ed. i. 22. P. Forrests 3. 3. VVhosoever having no Park c shall keep or cause to be kept any D 〈…〉 Hayes or Bustalls shall forfeite for every month tenne pound to any that will sue for it by action of debt c. The like penalty for every time for any that shall stalke or cause others to stalke with bushes or beasts at any Deer without the license of the owner i9 Hen. 7. 1i Poulton 2 3. Iust 35. 6. VVhosoever shall have or keep any grayhound for coursing of Deer or Hare or setting Dogge or Net to take Pheasants or Partridges unless he have inheritance of ten pound per annum Freehold of three pound per annum or is worth in goods two hundred pound or be the sonne of a Knight c. or son and heire of an Esquire c. shall be three monthes imprisoned unlesse he sorthwith pay to the use of the poor there 40. s i Iac. 27. and P. Pheasants 7. If any Artifycer Labourer or other Layman not having Lands or Tenements of 40. s pe annum or any Spirituall person not having Living worth i0 l. per annum shall have or keep any Grayhound Hound or other Dog to hunt or shall use Ferrets Hays Nets Harepipes Cords or other engines to take or destroy Deer Hares Conies or other Gentlemens Games he shall be imprisoned by the space of a yeare i3 R. 2. i3 P. 1. and Iust 36. And if any person not having Lands c. of the cleare yearly value oâ— 40. l. or not worth in goods 200. l. shal shoot with gun or bow at Deer or Conies or shal keep any buckstals or engins hayes gate-nets purse-nets ferrets or coniedogs except Keepers VVarrenners and owners of Parks and can make 40. s per annum of the increase of Conies every man having i00 l. per annum may seize and take and keep to his own use for ever such Guns Bows buckstalls c. 3. Iac. i3 P. F orests i0 See Pheasants 6. See Pheasants 3. See Hawking in Corn 2. Husbandry and Tillage SEE 39 El. i 2 P. i c. Iustice 44. VVhosoever shall offend against the said Statute shall forfeit 20. s for every Acre of land converted from Pasture to tillage whereof one third part to the Kings owne use one other third part to the King for relief of the poore of the Parish and one other third part to any that will sue for it 39 El. 2. P. 24. Note that no offender shall be impeached or sued by vertue of this Act unless such suit be commenced within two yeers after the offence done ibid. P. 26. Indictments and Presentments 1. ALL Indictments and Presentments ought to containe certainty and therfore most commonly five principal things be requisite in Presentments before the Iustices of the Peace 1. The Name Sirname addition of the party indicted 2. The yeer day and place in which the offence was done 3. The name of the person to whom the offence was done 4. The name and value of the things in which the offence was committed 5. The manner of the fact the nature of the offence as the manner of the Treason Murder Felony Trespass vid. Iam. fol. 487. VVhat words not necessary in Indictments See 37. H. 8. 8. P. i. Process against Inditers in another County 5 Ed. 3. 14. P. 5. Indictments of persons dwelling in forreign Counties 8 H. 6. 10. P. 3. Process upon Indictment of Felony See 25. Ed. 3. 14. p. 5. VVhere Iustices of the Peace may charge one Enquest to Indict another 3 H. 7. 1. P. Iurors 9. Iust 45. By what persons and by whom impannelled all Indictments shall be made P. Iurors 7. Indictments taken before Sheriffes in their Turns shall be delivered to the Iustices of peace of the same Shire under the pain of â—0 l. 1 Ed. 4. 2. P. Sheriffs 12. Iustices of peace may award process against them that be indicted in the Turn ibid. p. 13. Informer IF any Informer or Promoter shall compound or agree with any person for any offence against any penall Law without the order or consent of some of the courts at VVestm or shal willingly delay or discontinue his suit once commenced he shal lose 10. l. and stand on the Pillory two hours 18. El. 3. 5. 27. El. 10. P. Action popular Inholders 1 NO Inholder dwelling in any Market Town wherein is a common Baker that hath been Apprentice three seven years shal within his own house make any horse-bread nor dwelling in any other through-faire shall make it insufficiently and not of due Assize upon paine to forfeit the treble value 13. R. 2. 8. 32. H. 8. 41. P. 2. Iust 50. No Inholder or Hostler shall take any thing for Litture nor excessively for Hay nor above a halfe penny in a bushell for Oates above the common price in the Market upon pain to forfeit the quadruple value of that which he shall take more 13. R. 2. 8. 4 H. 4. 25. P. 1. and Iust 50. Inholder keeping misorder see Ale-houses 1. c. Intolements ALL Deeds to be inrolled must be inrolled within six month after the date reckoning 28. days to every moneth and must be indented Revera And if it have no date then within the six monthes after the delivery and if it be inrolled the last day of the six monthes it is good and any one Iustice of the Peace may joyn with the Clerk of the peace in taking the inrolement of an Indenture of bargaine and sale of Lands c. lying in the County where he is Iustice 27 H. 8. 16. P. 1. Jurors Juries and Enquests 1. IF any Iuror in an enquest shal take any thing to make
his presentment favourable he shall forfeit decies tantum 〈◊〉 he have not so much he shall be one yeare imprisoned 34 Ed. 3. 8. 38 Ed. 3. 12. P. 4. 2. If a Iuror be returned without an addition by which he may be known the party that returned him shall lose 5. Marks to the King and as much to the party grieved The like penalty for gathering issues when they are not due 27. El. P. 33. 3â— See more concerning Iurors P. 1. 8. c 3. Iurors to enquire of forcible entry ought to have Lands or Tenements of the clear yearly value of 40. s 8 H. 6. 9. P. 12. 4. Iurors returned to enquire of a Riot Rour or unlawfull Assembly must have Lands in that County of 20. s per annum of Freehold or 26. s 8. d. of Coppyhould ultra reprisas upon every of which the Sheriff ought to return 20. s in Issues for the fyrst day and 40. s at the second day 19. H. 7. 13. P. Riots 14. But if it be upon a Commission then the Iurors ought to have 10. l. per annum at least ibid m. P 6. Labourers 1. IF any Clothier Taylor Shoomaker Tanner Baâ—er Miller c. shall retain any servant to work in his Science or Art for less than a year the Retainer shal be void 5 El. 4. P. 1. 2. VVho are compellable to work in Handy-crafts and Husbandry ibid. P. 2. 3. 3. VVho are compellable to work in Harvest P. 13. 4. If any person shall give any wages contrary to the rates of wages of servants and Labourers appointed and proclaimed he shall be imprisoned i0 dayes without bayle and forfeit 5. l. and every person taking such wages and being thereof convicted shall be imprisoned 2i dayes without bayle 5 El. 4. P. 4. How the wages shall be rated See P. Iust 66. 5. If any person shall put away his servant before the end of the terme without a reasonable cause allowed by a Iustice of the Peace or at the end of his term without a quarters warning before given he shall forfeit 40. l. 5. El. 4. P. 5. And if any servant shall depart without such cause before the end of his term or at the end thereof without such warning given before two lawfull witnesses he shall be imprisoned without bayle till he be bound to the party to serve and continue with him ibidem P. 6. 6. If any person retained in husbandry or other the Arts before mentioned shall after his retaine expired depart out of one Country City Town or Parish to another without a Testimonial declaring his lawful departure he shall be imprisoned till he procure such Testimoniall which if he cannot do within 2i dayes after the fyrst day of his imprisonment then he shal be whipped and used as a Vaggabond ibidem P. 7. And every person which shal retain any such servant without shewing such Testimoniall shall forfeit for every such oftence 5. l. 5 El. 4. P 8. And if any such persons shall be taken with a counterfeit or forged Testimoniall he shal be whipped as a Vaggabod P. 8. 7. How long workmen shall continue at their Labour 5. El. 4. P. 9. 8. If any shall undertake work by the great and shall unlawfully depart before it be fynished he shall forfeite 5. l. to the party from whom he shall so depart and be Imprisoned a month 5. El. 4. P. i0 9. If any Servant VVorkman or Labourer wilfully and maliciously make any assault or 〈…〉 ray upon his Master or Dame or other person having the Charge of such workers or work hee shall suffer one years imprisonment or less at the discretion of the Iustices and such further punishment as they shall think fit not extending to life or limb 5. Ric. 2. P. i2 10. VVomen of the age of i2 yeares and under 40. and unmaried may be compelled to serve 5 Eliz. 4. and P. i4 11. Servants of the age of 18. yeares and not being an Apprentice going away with or converting to his owne use any Money Iewels Plate Good or Chattels of his Masters or Mistris and of his or her delivery to keep of the value of 40. s to the intent to steale the same is Felony 21 H. 8. 7. 5. El. i0 P. Stealing 1. Labourers Servants and Apprentices 12. VVhosoever shal take an Apprentice contrary to the Law shall forfeit for every Apprentice 10. l. 5 El. 4. Poulton 2. 6. 13. VVhosoever shall exercise any art or manuall occupation used 5 El. not being brought up therein as an Apprentice seaven years or shall let any to work in it which is not a workman or Iourney-man by the year or hath served as an Apprentice 7. years shall forfeit for every month 40. s 5 El. 4. P. 20. 14. If any disagreement shall be between a Master and his Apprentice which cannot be reconciled by a Iustice of the peace c. for want of conformity in the said Master then the said Iustice shall take bond of the Master to appear at the next Sessions and upon his appearance and hearing of the matter the Iustices there or four of them at the least where of one to be of the quorum may discharge the said Apprentice by writing uuder their hands and seals or punish him as by their discretions shal be thought meet 5. El. 4. P. 25. An Apprentice cannot be discharged unless by writing How and by whom any money given to any Town for binding out Apprentices shall be imployed see 〈◊〉 Iac. 3. Servants departing into another shire vide P. â—8 Labourers or Workmen conspiring for the order of their work see Artificers Larceny petty Larceny WHosoever shall feloniously take the Goods of another exceeding the value of i2 d. removed from the body or person it is Larceny a 〈…〉 and punishable by death except he be saved by his book But if the thing stolne be under the value of i2 d. it is petty Larceny and not punishable by death but he shall forfeit his goods and chattels Leather Tanner Currier SEE i Iac. 2. and P. 4. A Tanner shall not use any other Trade cutting or working Leather simul semul upon paine to forfeit the hides and skins i Iac. 22. Poulton 5. See i Iac. 22. P. 9. 3. VTho may buy rough hides or Calves skins or tanned Leather not wrought ibidem P. 6. 8. 4. If a Tanner shall raise his hides with any mixtures contrary to the Statute he shal forfeit the same hides i Iac. P. i0 5. VVhosoever shall put to sale or depart with any untanned Leather red and unwrought but in open Faire or Market in the place thereof prepared unlesse it hath been fyrst lawfully searched and sealed according to the Stat. or shall offer to put to sale
traverse either the matter viz. that there is no Highway there or that the ditch is sufficiently scoured or otherwise he may traverse the cause viz. that he hath not the Land c or that he or they whose estate c. have not used to scoure the ditch c Treason 1. HIgh Treason called in Law Crimenlesae Majestatis is a grievous offence done or attempted against the State Royall viz. against the King in his person the Queen his Wife his Children Realm or authority c See more P. 1. c. Dalt fol. 198. Such offender shall be hanged cut down alive and quartered and shal forfeit all his lands and goods to the king yea his entayled lands and his wife shal lose her dower his blood shal be corrupted saving in certain cases vid. Dalt fol. 205. In case of Premunire the offender shal forfeit all his Lands in fee for ever and all his goods and chattels to the king but his lands whereof he hath an estate he shall forfeit only during his life and shal be imprisoned during his life ibid. Misprison is properly when one knoweth that another hath committed Treasons or Felonie but was not consenting thereto and conceales the offence Such offender for Misprison of Treason shall forfeit to the king his goods and chattels for ever the profits of his lands during his life Dalton 103. For Misprison of Felony the offender shal be onely fined ibid. Petty Treason is when wilfull Murder is committed upon any Subject by one that is in subjection and oweth faith duty and obedience to the party Murdered Vide Petty Treason fol. 82. 6. The punishment for Petty Treason is this the man so offending shall be drawn and hanged the woman shall be burned alive in case as well of petty Treason as of high Treason I Ric. 3 4. But in case of Felonies the judgement both of man and woman is to be hanged The for feiture of Petty Treason is the King shall have all his goods and for his Lands the king shall have Annum diem vastum and the Escheat thereof shall be to every Lord of his own proper fee. Treasurers THe Treasurers of the Country are to be chosen at Easter sessions by the more part of the Justices and are to be such as at the last taxation of the Subsidy next before the said election were valued and assessed at 10. l. in lands yearly or 40. l in goods and shall continue but one year and then give up their charge and account at Easter Sessions or within ten dayes after and if any Treasurer his Executors or Administrators shal fail to give up his account within the time aforesaid or shall be otherwise negligent in his charge then it shall be lawfull for the more part of the Justices in their Sessions to assess such fine upon him his Executors Administrators as in their discretions shall seem convenient so it be not under 5. l. 43 Eliz 3. P. Capt. 18. 2. The Treasurer shall assesse relief to Souldiers or Marriners upon a lawfull Certificate and shall keep a true book of computation of the mony they lent and a Register of the names of such as they give relief unto And every Treasurer returning or not accepting the Certificate brought unto him shall write and subscribe the cause of his not accepting or not allowing thereof under the said Certificate or in the back thereof And if any Treasurer shall wilfully refuse to give reliefe according to this Act the Justices in their Sâ—â—ons may fine such Treasurer by their discretions 43 El. 3. P. Captains 19 21 22. The surplusage of the stock of the more part of the Justices in their quarter Sessions be ordered distributed and bestowed upon such good and charitable uses and in such form as are limited in the Statutes made in force concerning the reliefe of the Poor and punishment of Rogues and Beggars 43 El 3. and P. Captains 24. See more P. Poor people 14 15. How the Forfeitures shal be imployed see 43 El. 3. P. Captains 26. Trespass WHosoever shall cut or unlnwfully take away any Corn or grain growing or rob any Orchards or Gardens or break or cut any hedge pailes railes or fence or dig pull up or take up any fruit 〈…〉 ree or trees in any Orchard Garden or elsewhere to the intent to take or carry the same away or shall cut or spoyle any Woods or under Woods Powles or trees standing not being Felony and their procurers and receivers knowing of the same being thereof 〈…〉 awfully convicted by the consession of the party or by the testimony of 〈…〉 e sufficient witness upon oath before 〈◊〉 Justice of the peace c. shall give the party such satisfaction as such Ju 〈…〉 ice shall appoint and within such â—ime as he shall appoint the same to be only for the first fault And if such â—ffenders shall not be thought able to give satisfaction then to be whipped â—nd also for every such offence after to 〈…〉 cceive the same punishment of whipping 23 El. 7. P. 1. A Constable refusing to punish such â—ffenders see Constables 10. P. 2. No Justice of peace c. shall execute this Statute for any of the said offences done to himself unless he be associated and assisted by one or more Justices whom the offence doth not concern 43 El. 7. P. 3. Vagabonds and Rogues SEE 39 Eliz. 4. 4. P. 2. 7. But note that that act doth not exte 〈…〉 d to any children under seaveâ— years old All common players of Enterludes and Glassmen shall be accounted rogues 1 Iac. 7. P. 2. A Servant taken with a counterfei 〈…〉 or forged Testimoniall or not procuring a Testimoniall according to the Stat. 5. El. 4. shall be taken and punished as a Rogue see P. Labourers 8. A Souldier or Marriher begging 〈◊〉 counterfeiting a Certificate shall be accounted a Rogue 34 El. 3. P. Capt. 23. And all such as wilfully go abro 〈…〉 out of houses infected with the Plagu 〈…〉 though they have no sore upon them shall be accounted Rogues and more over be bound to the good behaviour for a yeare 1. Iacob 31. Poulton Plague 4. And all able persons threatning to turn away and leave their family upon the Parish the same being proved by two sufficient witnesses upon oath before two Justices of the peace shall be punished as Rogues unless they put in sufficient sureties for the discharge of the parish 7 Iac. 4. All such able persons as shall runne away out of their parishes and leave their families upon the parish 7. Iac. 4. All such as appear to be dangerous to the inferior sort of people or otherwise be such as wil not be reformed of their Roguish kind of life by the former provision of this Act shal be sent to the house of correction or Goale of the County by two
the laws of the Commissioners of Sewers unless that a new Commission of Sewers be published within the year 13 El. 9 P. 16. Sheep 1. VVHosoever shall bring send or receive into any ship or bottom any rams sheep or lambs being alive to be conveyd out of the Kings Dominions or procure the same shal for the first offence forfe it all his goods for ever to the king and Informer and be imprisoned one year without bayle and then in some open Market in the fulness of the Market on the Market day have his left hand cut off and the same to be nailed up in the open place of such Market and for the second offence it is Felony 8 El. 3. P. 1 2 Just 15. 2. No person shall keep above 2000. sheep reckoning after sixscore to the hundred upon pain to forfeit for every sheep more 3. s 4. d. to the king and informer 25 H. 8. 13. P. 3. Just 15. Sheriffs 1. IF a Sheriff or any of his Ministers which by force of the Green Wax do levy the kings debts shall not shew to the party indebted the estreats sealed and Tor the same which is paid whereby the debt is another time demanded of the same person he shall pay to the party grieved his treble damages and make fine to the King 42. Ed. 〈◊〉 9. 〈◊〉 Estreats 2. Just 88. 2. If any Estreats of Issues hath been gathered of any person other then such as by vertue of the said Estreat was of right chargeable or charged therewith the offender shal forfeit to the King five Marks and as much to the party grieved 27 El. 7. 39 El. 18. P. Jurors 34. Just 99. 3. In every Estreats of Issues against a Juror his addition shall be put Ibidem 4. Justices appointed to oversee the Sheriffs Estreats shall be named at the generall Sessions after the Feast of Saint Michael by the Custos Retulorum or in his absence by the eldest of the Quorum 11. H. 7. 5. P. Sheriffs 18. 20. 5. Sheriffes shall make no Estreats until two Justices have made the view of them which estreats shall be indented and the Justices have one part 11 H. 7. 15. P. 14. 18. 20. 6. Sheriffs must certifie the Indictments found in their turn or Law day to the Justices of Peace at the next Sessions of the Peace in the County under the pain of 40. l. 1. of Edw. 4. 2. P. 12. The Justices shall award Processe against those which be indicted in the Sheriffes Turne Ibid. Poulten 13. Extortion in Sheriffe soe P. 5 6 c. Subsidie IF any person that ought to be set to the Subsidy shall by craft or covin escape tamation and that be proved before two Justices of the peace of the County he shall be charge d double so much as he ought to have been and be further punished at the discretion of the said Justices 7. Iac. 22. Swannes IF any person or other to his use use shal have or possess any mark or game of Swans of his own not having Freehold of five Marks per annum above all charges any other subject having Lands of that value may seize the said Swans as forfeited to the king and himself 22 Ed. 4. 6. P. 1. The penalty for taking or destroying Swans Eggs in their nest see Pheasants c. P. Hawks 3. 11 H. 7. i7 Tile-makers 1. IF tile-makers shal not dig and cast up their earth for Tile til after the first of November or shal not stir and turn it til the first of Febr. following or shal not work it before the first of March following or shall not work and try it from stones veins and chalk or shall make or put to sale any plain Tile under ten inches and a halfe in length six inches and a quarter in the breadth and halfe an inch and halfe a quarter in thickness with convenient deepness or any gutter tile under ten inches and a half in length with a convenient thickness breadth and deepness they shall lose the double value to the buyer and a fine to the king that is to say for every hundred of plain tiles five shillings for every hundred of rough tile six shillings eight pence and for every hundred of corner tiles two shillings and after that rate for more or lesser i7 Ed. 4. 4. Poult i 2 3. 2. If the Searchers appointed for the oversight of the true making of Tile shal not do their effectuall diligence therein shal lose for every default ten shillings ibidem and Poulton 5. and Just 97. Toll 1. IF any Miller shall take excessive Toll or by heaped measure he shal be grievously punished 3 Ed. i. P. 2. Toll for Horses see Faires Tongues Eyes 1. TO cut out the Tongues or put out the Eyes of any of the kings liege people out of malice prepenced is Felony 5 Hen. 4 5. P. 1. Transportation 1. THe prohibition of transporting corn is to be made by the most part of the Justices of peace at their quarter Sessions 13 El. 13. P. Corn 7. 2. Whosoever shall against proclamation thereof made transportor carry out of this Realm any Corn Graine or Mault growing or made here of Beere Butter Cheese or Wood in any vessels except to Barweck or the Marches thereof without sufficient authority or any sea-fish or Herring 〈…〉 not taken by a naturall borne Subject here or shall by any means convey 〈◊〉 willingly consent to convey any of the said things to any vessel being on the sea or any place or haven of this Realm to be transported over sea or into Scotland without sufficient authority or if any person having licence to convey any of the said things shal fraught or lade his vessel or any part thereof at any more places than one only the owner of the vessel shall lose it the owner of the victual shall lose the double value and the Master and Marriners their goods and have a years imprisonment 1 2. Ph. M. 5. 13. Eliz. 11. 13 Poulton Corn 1. Iust 27. 3. It is lawfull to transport Corn and Grain when the prizes be allowed reasonable until it be restrained again by the kings proclamation 1 Iac. 25. P. Corn 6 7 8. So may Beere be transported when Mault is not above sixteen shillings the quarter 3. Jac. 11. P. Corn 6. Traverse 1. THe liberty of Traverse is commomonly restrained to indictment of Trespasses Centempts Riots and other inferiour offences 2. To Traverse an Indictment is to take Issue upon the chiefe matter thereof which is none other to say than to make contradiction or to deny the point of the Indictment As in a presentment against A. for a Highway overflowing with water for default of scouring a ditch which he and they whose Estate he hath in certain land there have used to scoure and cleanse A. may
double value 2 H 6. 14. P. 6. 2. If any Gilder shall offend against the Stat. 8. Hen. 5. concerning the gilding of mettal and other things he shal forfeit ten times the value of the thing gilt and be imprisoned a year 8. H. 5. 3. and P. 7. and Just 48. Good behaviour SUreties of the Good behaviour i chiefly granted against common Barrators common quarrellers and common Breakers and perturbers of the peace and also against Ryoters against such as lye in waite to Rob Maim or Kill or shall assault any against such as are suspected to be Robbers upon the highwaies against such as are like to commit Murther or other grievances to the kings people and also against such as be of an evil name and fame generally or in the place where they remain 2 Ed. 3. 6. 34 Ed. 3. 1. P. Just 18. Dalt fol. 16. Also against him that is suspected to have got en a Bastard Lamb. 122. Also against Evesdroppers also against night walkers and such as shall sleep in the day and go abroad in the night or use suspicious persons company or shall commit outrages c. Guns and Crosbowes 1. VVHosoever shall shoot in or keep any Gun Dag Pistol Crosbow or Stonebow or shall carry in his journey any Gun Dag or Pistol charged or Bow bent but in time of war or to or from Musters except he have in his owne or wives right 〈…〉 〈◊〉 per annum in Lands Tenements Fees Annuities or Offices shall forfeit for every offence ten pound to the King and Informer 33. Hen. 8. 6. Poulton 1. 3. 2. Whosoever shal shoot in carry keep use or hand any Gun but such as in stock and gunne shal be a yard long or in any Hagge Demihake Dag or Pistol not being three quarters of a yard long shall forfeite for every offence 10. l. 33 Hen. 8. 6. Poult 2. And every person having 100. l. per annum may seize and take away any that is shorter but must breake 〈◊〉 within twenty dayes after under penalty of 40. s He may also take away every Crosbow from any not having Lands c. as aforesaid and keep it to his own use Ibid. 3. Whosoever shal shoot in any gun c. neer to a Market town except for defence of his person or house or at a But or Bank of earth in a place convenient shal forfeite for every shoot ten pound to the King and Informer 33 H. 8. 6. And if any person under the degree of a Lord of the Parliament shal shoot in a Hand-gunne in a City or Towne at any mark upon a Church House or Dove Coat shall forfeite ten pound and be imprisoned for three monthes 2. Edw. 6. 14. Poulton 4. 4. If a Master command his Servant to shoot otherwise then is aforesaid he shal forfeit ten pound The King must commence his suite within a year after and every other person within a year after the offence was committed for any penalty or forfeiture given them by the Stat. 33 H. 8. 6. P. 5. 5. Every man may arrest an offender against this Statute and carry him before the next Iustice and such bringer shal have halfe the forfeiture 33 H. 8. 6. Poult 6. Just 45. 6. Whosoever shall shoot haile shot â—or more pellets than one at one time unless he be thereto licensed shal forfeit ten pound and be three monthes imprisoned 〈◊〉 Ed. 6. 14. P. 10 See 33 Hen. 8. 6. and P. â—7 See Pheasants Such as are licensed to keep hawkes meat may not shoot at other Fowle than are mentioned in their Licenses nor otherwise nor elsewhere than is allowed by the Stat 1 Jac. 27. and if it be not contained in their said Licenses at what Fowls they shall shoot or if any of them so licensed shal not 〈◊〉 bound 〈◊〉 twenty pound not to shoot 〈◊〉 any other Fowle then the said Licenser Plâ—câ—â—d to be void 〈◊〉 Iac. 27. 33 H. 〈…〉 6. P. 9. Pheasants 〈◊〉 Just 38. Hawks and Hawking 1. WHosoever shall hawk at destroy or kill any Pheasants Partridg with hawk or doâ— by colour of hawking between the fi 〈…〉 of July and the last of August and 〈◊〉 same be proved by the parties consession or by two sufficient witnesses upon oath before two or more Justices of the peace within six months after the offence committed shall be imprisoned for a month without bayle unlesse he forthwith pay to the use of the poore there 40. s for every such hawking at Pheasant or Partridg and 〈◊〉 s for every Pheasant or Partridg 〈…〉 â—ac ii 2. VVhosoever shall hawk or with Spannels hunt where any eared or codded Corn shal be standing and not shocked or copped shall forfeit to the owner of the same Corn 40. s 33 El. i0 P. Pheasants 4. 3. VVhosoever shal unlawfully take away any hawk or the egges of any hawke out of the woods or grounds of any other person shal pay to the party grieved treble damages suffer three months imprisonment and be bound with sufficient sureties to the good behaviour for seven years after or else to remain still in prison and the party grieved may take his further remedy for his loss and damages and may release the good behaviour before the seven years be expired 5 Eliz. zi P. i. 3. Just 34. ii H. 7. i7 4. VVhosoever shall take any Eiâ—er Falkon Goshawk Laner or Lanaret or purposely drive them out of their coverts or kil them shal for feit ten pound to king and informer And whosoever shal bear any Hawk of the breed of England called a Nesse-Goshawk Tassel-Lanner or Lannaret shal forfeit the same to the king ii H. 7. i7 P. 4 5. Just 39. 5. VVhosoever shal finde a hawke that was lost and shal not forthwith bring her to the Sheriffe of the County to be proclaimed but doth steale it or carry it away or conceale it hee shall be used as a Felon for stealing 〈◊〉 Horse 34 Edw. 3. 22. 37 Edw. 3. 1â— P. 2. Herons WHosoever shall take any Heron out of his own ground by craft or engine except it be by hawking or long Bow shall forfeit for every heron six shillings eight pence and whosoever shall take young Herons out of the nest without license of the owner of the ground shall forfeit for every Heron 10. s to the King and Informer 19 H. 7. 11. and P. 1. and Just 35. See Pheasants Highwayes 1. IF the Constables and Churchwardens of any Parish shall not yearly in Easter week chuse Surveyors for mending the Highwayes and appoint six dayes for that purpose according to the Statute they shall be fined 〈◊〉 3. P. M. 8. 29 Eliz. 5. P. 〈◊〉 2. 2. If any Surveyor refuse to take upon him the Execution of the said Office