Sâ—ockes and that not aboue suche a reasonable tyme as he may prouide to conuey him to the Gaolâ— till he find suertie of the Peace 3. H. 4. 9 22. E. 4. 35. And herein he differeth from a Gaoler or the Shirife who hath the charge of the Gaole for he may make a Gaole of his house and so caÌ„not a Constabe or Iustice of the Peace doe And by the Statute 5. H. 4. ca. 10. the Iustice of Peace must sende his prisoners to the common Gaole If one doe make an Affray vpon the Iustice of Peace Constable or suche other Officer he maye not onely defende him selfe but maye also apprehende the offendour and sende him to the Gaole till he wil finde suertie of the Peace 5. H. 7. 6. And the Iustice or Constable maye if néede bée commauno assistance of the Queenes people for the pacifying of an Affray 3. H. 7. 10. If he that maketh an Affray do flie into a house when the Iustice of Peace or Constable coÌ„meth to arrest him they may in fresh sute breake open the doores and take him Mar. Or if he flie thence they may make fresh sute and arrest him though it be in an other Countie by the opinion of some men 13. E. 4. 9. And it shoulde séeme by the reason of that Booke that in this case also they may breake open the doores to apprehend him because the Prince hath an interest in the matter and then a mans house shall be no refuge for him as it shoulde be in Debt or Trespas where the interest is but onelie to some particular partie Now if the Constable do arrest one that hath hurt an other and do voluntarily suffer him to Escape and then he that was hurte â—ieth thereof within the yeare and day the Constable shal make a great Fine and that to the valewe of his goodes in the opinion of some 11. H. â— 12. Stanford 35. 1. But the offence shall not have suche Relation to the stroke as to make the escape to become Felonie thereby Commentar Plowd 263. Of the breach of the Peace without a multitude or with a multitude by forcible entrie into landes or tenements c. And what one Iustice of the Peace out of the Sessions may doe therein CAP. XVIII BEfore the troublesome reign of King Richard the second it séemeth that the common Law permitted any person which had good right or title to enter into any laÌ„d to winne the possession thereof by force if otherwise he could not haue obtained it And still at this day if in a common Action or enditement of Trespassle for entring into any land the Defendant will make Title therevnto the whole matter of the Force alleadged against him wil rest altogither vpon the validitie of his Title as appeareth 7 H. 6. 13. and 40. And a man maye also at this daye retaine wyth force his owne goodes and cattailes agaynste an other 19 H. 6. 31. 9. E. 4. 18. But after the rebellious insurrecon of the velleins other of the commons whiche happned in the fourth yeare of that Kinges reigne The Parliament in 5 R. 2. cap. 7. thinking it necessarie to prouide against all occasions of any further vproare or newe breach of the Peace did ordaine among other thinges That from thenceforth none shoulde make any entrie into any landes or tenements although his entrie into the same were lawfull but onely in peaceable and easie maner and not with strong hande nor with multitude of people vpon paine of imprisonment and to be raunsommed at the Kings will But because this Statute gaue no quicke remedie in this point nor any special power therein to the Iustices of the Peace of the countrie whereas the experience of that busie time required a great deale more spéede in suppressing such disorder After that they had in 13. of that king c. 7. Stat. 1. taken order that Iustices of Peace shold be made of new in all the Counties of England of the most sufficient Knights Esquiers men of law of the same Countie And that they should be sworne to keepe put in execution all Statuts ordinaunces touching their offices The in 15 R. 2. c. 2 they caused it to be further enacted That when such forcible entrie should be made into landes or tenementes or into Benefices or Offices of the Church and complaint thereof come to any Iustice of the Peace he should take sufficieÌ„t power of the Countie and go to the place where the forcible entrie was made if he found any that held such place forciblie after such entrie made the same should be taken and put in the nexte Gaole there to abide conuicted by the Recorde of the same Iustice till they had made fine and raunsome to the King And that aswell the Shirife as all others of the Countie shoulde attende vpon the saide Iustice to go and arrest such offendours vpon pairâ—e of imprisonment and to make fine to the King Now againe for asmuch as this laste Statute did not extende to those that entred Peaceablie and then helde with Force nor against the offendors if they were remoued before the comming of the Iustices nor yet any paine therein ordained against the Sherife that did not obey the preceptes of the Iustices in this behalfe it was not onelie ordayned by a thribe Acte made 8. Hen. 6. cap. 9. That the sayde former Statutes shoulde be holden and duelye executed But it was adjoyned also thereunto That if anye from thenceforth forth shoulde make suche forcible entrie into lands tenements or other possessions or should them holde forcibly after complainte thereof made wythin the same Countie to any of the Iustices of the Peace thereby the parties greeued that the Iustice so warned should in conuenient time cause the last said Statute duely to bee executed at the costes of the sayde party And whether the perfons making suche entries were present or auoided before the Iustices comming the same Iustices or Iustice in some good towne next to the said tenements or in some other conuenient place at his discretion shoulde haue power to enquire by the people of the same countie as well of them which made suche forcible entries into landes or tenementes as of them whiche held the same with force And if it be found before any of them that any doth contrary to this Statute then the sayd Iustices or Iustice shall doe the saide landes or tenements to be reseised and shal put the partie so put out in full possession of the same And when the saide Iustices or Iustice make suche enquirie they shall directe their Precept to the Shirife commaunding him on the Kings behalfe to cause to come before them and euerie of them sufficient and indifferent persons dwelling nexte aboute the same landes or tenementes whereof â—ucrie man shall haue landes or tenementes of the cleare yerely value offourtie shillings at the least and the Shirife shall returne twentie shillings in issues vpon euerie one
of them at the firste Precept retournable and at the seconde fourtie shillings and at the thirde fiue pounde and at euerie daie after the double And euerie Shirife of Countie and Bayly of Fraunchise that shall not duely make execution of the saide Precepts shall forfaite to the King twentie poundes for euerie defaulte and shall moreouer make fine and raunsome to the King And aswell the Iustices or Iustice aforesaid as the Iustices of Assises may heare and determine such defaultes of Shirifes or Baylies aswell by Bill at the suite of the partie grieued for him selfe as for the King onely by way of Enditement and vpon suche due attaynder he whiche sueth for himselfe and for the King shall haue the one moietie of the saide twentie poundes togeather with his costes and expenses and suche Processe shal be agaynst suche so attaynted as lieth against anie person endited or sued by writte of Treapasse with force and Armes against the Peace And the Maiors Iustices of the Peace Sherifes and Baylifes that are in Cities or Bourowes hauing fraunchise shall haue like power in the articles aforesayde as the Iustices of Peace and Shirits in the Counties haue But they which kepe by force their poffessions in any lands or tenements whereof they or their auncesters or they whose estate they haue therein haue continued their possession in the same by three yeares or more shall not be endamaged by this Statute This last Statute I have the rather exemplified at large because it contayneth a full direction in this businesse yet because I have séene some other things that â—ende to some little explanation of some of the pointes of the same which be good to be considered of I thinke that they also may be well bestowed here This Statute therefore enableth any one Iustice of the Peace to deale in this matter upon occasion geuen and is made as well against such as enter with force as against those that enter Peaceablie and then holde in with force But whether the Iustice be bounde to ermine the goodnesse of his title that entreth and accordind to the same to make or deny restitution it hath bene oft times made a question which surely in mine opinion shoulde carrie no great doubt with it For séeing that the Statute 5. R. 2. cap. 7. prohibited all entries with force although they were otherwise lawfull and the Statute 15. R. 2. ca. 2. rehearsing the same geueth authoritie to euerie Iustice of Peace vpon any suche forcible entries presently to committe the offendors there found to the Caole and this Statute meaning to supplie some other defectes in the former geueth speciall remedie to the partie gréeued by the aide of the same Iustice by restoring of him to his possession againe I see not why the Iustice of Peace who perhappes shall haue but little skill in Lawe to discerne and iudge of the Litle and yet be a fitte man to suppresse all force and able enough to restore a possession shoulde be tyed to the discussing of the right or title of either of the parties And therefore 22. H. 6. 18. admitteth this case That if A. shoulde disseyse B. and B. shoulde enter agayne and put out A. by force and strong hande yet shoulde A. be restored to his possession at the handes of the Iustice of Peace although his first entire were very vnlawfull And that thereupon notwithstanding the restitution made B. may have an Assise or else may enter vpon him againe so as he doe it in peaceable manner And I doe little doubte but that a Lessée for years or a Copieholder beyng put out with force and the Lessor or Lorde disseised thereby the Lessée or Copieholder ought to haue restitution by the helpe of a Iustice of Peace upon this Statute Now whereas the wordes bée After complaint c. that dothe not alwaies inâ—orce a necessitie of Complaint by the partie grieued For if a forcible entrie bée committed the Iustice may inquire of it and also make restitution vpon any informacion or other knowledge thereof though no complaint be made vnto him by the partie gréeued as it is holden 7. E. 4. 18. Complaint It seemeth further that it should not bée altogither requisite to the punishing of the offenders by imprisonment and fine that the partie gréeued shoulde be actually put out of possession For all the saide Statutes doe specially prohibite the forcible cntrie it selfe yet to haue restitution vpon this Statute the putting out must néedes be founde also And therefore if the case be that after the death of A. a stranger entreth into his landes and holdeth the same by force against his heire before be had gotten any possession in déede the heire of A. in this case sayth Marr. shall neuer haue restitution because he neuer had any other possession than a possession in law but no actuall possession And by his opinion also If a man claimed a rent or common in lande that is so holden with such force that he can not distraine for the one nor vse the other this a force remoueable by this statute but the partie can haue no restitution here made vnto him One person alone may commit this forcible entrie so also may he be punishable for deteining of the possession by force Entring or holding with force And it séemeth that this entrie or deteyning must be with some offensâ—ue weapoÌ„s as with bowes billes swordes stones harnesse or such like yet Marr. is of opinion that if the Iustice of Peace come and finde the doores shut and they within denying him to enter this is a deteyning with force and he may thereupon commit them If it be founde that diuers persons haue made a forcible entrie to the vse and behouse of a stranger that is absent although he doth after agrée vnto it but entreth not him selfe this is no force in him for sayth 2. H. 7. 16. A forcible entrie can not be without an entring actually Enquirie The enquirie is to be of Iurours that must have landes or tenements of the yearly value of xl s by yeare at the least aboue all reprises And Marr. is of opinion that if it be not so the partie grieued may stay the restitution for that cause But how he can hinder the restitution that the Iustice of Peace is to make vpon such a verdit otherwise than by causing the record thereof to be remoued into the Kinges Benche I doe not well perceiue After the forcible entrie or the deteyning with force or both be founde by the enquest the Iustice of Peace ought either by himselfe to put the partie grieued in possession againe or els he may direct his precept to the Shirife to restore him Restitution But if that Iustice of the Peace which made the enquirie doe happen to dye before he make restitution whether the other Iustices of the Peace may at their Quarter Seassions hauing the recorde of that Enquirie deliuered vnto them award a writ of
caused to bée laden and carried in any vessel wherof any stranger borne is wholie or partlye owner or Maister anye fish victual or other thing from one Porte or Créeke of thys Kealme to anye other of the same Or if anye person haue within that time broughte into thys Kealme or anye parte thereof other than into the I le of Man or into Wales anye Wine comming out of the Dominions of Fraunce or any Tholouse Woad but onely in such vessel whereof some Subiecte of the Quéene was then owner or part owner Set price of 〈◊〉 upon Seafishe Puruciour Seafish and Herring Wine Woad in a strange bottome 5. El. ca. 5. If anye person auctorired to sel Wine by retaile haue wythin this yeare solde the same aboue the prices thereof limitted by the Quéenes Proclamation 5. Elizabeth cap. 5. Winesreâ—ayled If anye person not being the sonne of a Péere or Earron of thys Kealme nor hauing landes or profttes to the yearely value of one hundred markes or goods to one thousande markes haue kepte in his house anye vessell of Gascon Guion Frenche or Rochell Wine contayning aboue tenne Gallons to the intent to spends the same in his house 7. E. 6. ca. 5. Not aboue tenne Gallons of Wine If anye person other than by reason of age sickenesse childiug or licence haue wythin thye yeare eate flesh in Lent or vpon anye fishe daye obserued by the custome of this Kealme 2. Ed. 6. ca. 19 5. Elizab. Cap. 5. â—ate fleshe If any person haue vpon any Weditesday not falling in Christmasse wéeke or Caster wéeke eaten other than of one dishe or kinde of fleshe for the whiche also he shall then haue eaten at his table thrée ful dishes of Sea fishe of thrée kindes 5. Elizabeth cap. 5. If anye common Brewer Baker or Assise of Tippler haue broken the Assise of Breade Béere or Ale And if anye Stewarde of Leete or Officer in Markette Towne haue taken any fine for breache of the Assise of Breade or Ale in such cases where corporall punishmente is appointed Assise of Bread and Ale 13. R. 2. cap. 8. If anye person haue boughte or solde by anye vnlawfull weightes or measures or if anye person haue boughte or solde in any Citie or Market with any weight or measure that is not lawfully marked or signed 11. H. 7. 4. Weights measures Or haue bought Corne by heaped measure in anye place excepte within shipborde or haue vsed double measure the one to buy the other to sel with 15. R. 2. ca. 4 11. H. 7. ca. 4 5. E. 3. de Pistor If they of the Towne where the Bings Standerd is appointed to remain haue not their common weightes and measures signed or haue not thereby signed weightes and measures to all that haue required the same Commune weights and measures And if the heade officers of Markette Townes haue not twice yerely made view and examination of weights and measures there 11. H. 7. ca. 4. If any vessell for Béere or Ale haue bene solde or put to sale being made of vnseasonable wood or not hauing ther vpon the mark of him that made it Or if anye Barrell for Béere containe not of the Quéenes standard 36 Gallons the Kilderken 18 Gallons the â—â—rkin nine Gallons Euerie Barrell of Ale 32 Gallons the kilderkin sixtéene Gallons and euerie Ferkin Yessel for Ale Beere 8 Gallons 23. H. 8. ca. 4. If anye haue made or broughte into thys Kealme any Tunne of Wine not contayning 252. Vessels for Wine Hâ—nny Oyle Herring Eles Saln â— Gallons or Pipe not contayning 126 Gallons or Tertian not contanning 8. Gallons or Hogsheade not contayning â—3 Gallons or But of Malmesey not contayning 126. Gallon Or Barrel of Herring not containing 32. Gallons of Wine measure or Barel of Eles not cotayning two forty Gallons or Butte of Salmon not contayning 84. Gallons or any Kilderkins Lertian firkins or Kundlets but after the same rate 2. H. 6. 11 22 E. 4. ca. 2 1. R. 3. ca. 13 28. H. 8. cap. 14. If any haue made any vessel of Sope that being emptie containeth not 32. Vessels of Sope. Gallons for the Barrel 16 for the halfe Barrel and 8. for the Firkin or weight aboue 26. th the Barrel 13. th the halfe Barrel or 6. th and a halfe the Ferkin 23. H. 8. ca. 4. If any Millers haue taken toll by heaped mcasure Toll Dishe 31. E. 1. de Pistor Bracia If any Artificers Workemen or Labourers haue conspired or promised togither or made anye oathes that they will not doe their workes but at a certaine price or rate or but at certaine times or but a certaine worke in a day or that one of them shall not take vpon him to sinishe that which another hath begone Artificers conspiring 2. E. 6. 15. If anye Arrowheade smift haue not wel boiled brased hardened at the point with Stéele and marked with his marke suche heades of Arrowes and Duarrels as hée hath made Arrowhead Smithes 7 H. 4. ca. 7. If anye person during such time as he vsed the mysterie of Lanning of any Bide or skin of Dre Stéere Bul Cow Calfe red or fallow Daere Goate or Séepe haue vsed althe mysterie of a Shoemaker Curriour Butcher or of any Artificer vsing the cutting or working of such Leather Tanners If anye person haue gashed or cutte the Hyde of any Bull Oxe Stéere or Cowe whereby it is impayred or if any Lanner haue put to sale any such Hide If any person other than such as at Mithaelmasse 1559 had fréeholde of fortie pouÌ„ds by the yeare or had then any Lanhouse and did occupy tanning of Leather or hath bene an Apprentise or taught as a hyred seruaunt seuen yeres to a Lanner or hath bene wise to a Lanner or the sonne of a Lanner and broughte vp foure yeares in that Arte or the sonne or daughter of a Lanner or such as hathe married the wife or daughter of a Lanner that leste to the same hys Lannehouse and Fattes hathe tanned anye Leather or hath taken any profit by the tanning therof If anye Lanner haue suffered any hide to lye in the Limes longer than till the haire falleth off or may be taken off or haue vsed any other than Lime Culuerdug Hâ—dung colde water Wose of cold water and Okebark in his tanning or haue ouerlimed any Hides in the pits or put the in vessels before the lime be perfectly wrought out or haue suffered his Leather to be frozen with the frost or be parched wyth the Fire or the Sunne Or haue tanned any rotten Hides or wrought them negligently in the Wose or haue not renued the Wose so ofte as néede was Dr haue not suffered the Hides for vtter soale and clout leather to lye in the Wose twelue monethes and for the vpper leathers nine monethes Or hath not sufficiently tanned any Hide Or hath taned any hide of Oxe Stéere
shooting therein or haue not for euerie man childe in his house betwéene seauen yeres and seauentéene of age a Bow and two Shaftes and for euerie such being aboue seuentéene yeares a Bowe and foure Shaftes or haue not brought them vppe in Shooting If any man vnder the age of four and twentie yeares haue shotte at standing prickes or being aboue that age haue shot at any mark vnder eleuen score yards with any Prickeshaft or Flight Archerie If the inhabitants of any town haue not made and continued their Buttes as they ought to doe Buttes If any Bowier haue not for euerie Bow that he made of Ewe made also four others Bowes of apt wood to shoote in Or haue not solde his Bowes for all ages at their due prices If any straunger borne not being a Denizein haue vsed to shoote in a long bow without the Quéenes licence or haue conueyed out of hir Maiestries dominions any long Bow or Shaftes without such licence Bowiers 33. H. 8. ca. 9. If any temporal person hauing estate for life in fréeholde landes or tenements to the value of 200. ◠by yeare or vnder and not aboue 400. ◠Armour Or not being other wise charged and hauing fées annuities or copiehold lands for life to the value of 30. ◠or aboue or hauing goods to the value of 10. ◠or vpware haue not and kéepe not in a readinesse suche Horses Geldings Weapon armour and other furniture for the wars as after the proportion of his abilitie he ought by the Statute thereof made to haue and kéepe 4. 5. Phil. Mar. ca. 2. If any temporall person of full age whose wife not being diuorsed nor willingly abseting hir selfe from him doeth weare anye Gown or Peticoate of silke or any Veluet in hir kirtle or in any lyning or part of hir Gowne other thā in Cuffes or Purfles or any Frenchhoode or Bonet or Veluet with any habiliment past or edge of golde pearle or stone or any chaine of golde about hit neck or upon any hir apparell haue not founde and kepte a light Horsse furnished excepte he haue bene otherwise charged by the Statute to finde Horsse or Gelding 33. H. 8. ca. 5 4. 5. Ph. Mar. ca. 2. Horsse for apparell If the Inhabitauntes of anye Parishe Town or Borough haue not or kéepe not such common armour and furniture for the warres as hath bene appointed for them by the Commissioners thereto assigned 4. 5. Phi. Mar. ca. 2. Commune armour If anye person being generally or speciallie commaunded to Muster before anye hauing auctoritie for the same haue without true and reasonable cause absented him self or haue not brought with him in a readinesse his best furniture of array armour for his own person Musters If anye person auctorized to Muster or to leuie men for the Quéenes seruice in warre haue taken anye rewarde for the discharge or sparing of anye person from that seruice or if anye person hauing charge of meanne for warrefare haue not paide to his souldiours their whole wages conduict and cote money or haue for anye gayne licensed anye of them to depart out of the seruice 4. 5. Phil. Mar. ca. 3. Captaines If anye Souldiour seruing the Quéene in hyr warres haue giuen awaye wilfullye purloyned or pur awaye anye Horse Gelding Mare or harnesse wherewyth he was set foorth Souldiours 2. 3. E. 6. ca. 2. 4. 5. Phil. Mar. ca. 3. If any person haue conueyed solde or giuen into any place beyond the Sea out of the Quéenes dominions or to any Scottisheman to be conueyed into Scotlande any Horsse Gelding or Hare aboue tenne shillings price wythout the Queenes licence vnder hyr greate Seale or priuie Signet vnlesse it were to serue the Quéene in hir warres Couney Horsses c. 1 E. 6. ca. 5. If anye person haue putte to féede in anye Forest Chace Moore Marish Heathe Common or waste grounde within this shire where anye Mares are vsed to be kept anye stoned Horsse being aboue two yeres olde and not being fouretéene handefuls highe betwéene the lowest parte of the hoofe and the toppe of the wyther If anye such Forrest or groūds haue not bene yerelye driuen within 15. dayes after Michaelmas by the owners or officers thereto appointed Horsses and Mares for breede 32. H. 8. ca. 13. If watches haue not bene made uppon the Sea Coastes in suche places and wyth suche number of people and in such maner as it was wont to bée Sea Watch. 5. H. 4. ca. 3. The Statutes of leuying the wages of the Kinghtes of the Parliament made 23. H. 6. cap. 11. hath no gret vse Parliament Note also that these Statutes following are to bee openly published at any Sessions of the Peace viz. The Statutes 36. E. 3. cap. 2. 3. 4. shall bee proclaimed by the Iustices of Peace euerie yeare and thereof enformed the people Purueiours 23. H. 6. cap. 2. Alformer Statutes for victualers being in force shal be proclaymed two times yearely in the Sessions of Iustices of the Peace Victualers 23. H. 6. ca. 13. The Acte for Archerie 33. H. 8. ca. 9. muste bee proclaymed at the seuerall Sessions of the Peace Archerie Of the Enditementes and Presentments giuen by the Iurours and of the Matter and forine and receiuing and reiecting of them CAP. V. THe preparatiō to this Enquirie thus made let vs also looke vpon the performaunce of the same The vnderstanding or knowledge which the Iustices of the Peace do take by the trauel of these Enquirours is by the mean of their reaport put in writing and commonlye called an Enditement or Presentment betwéene the which two wordes howsoeuer they be confounded in common spéeche me thinketh that there doeth easilie appeare a certaine difference Presentmet For I take a Presentmente to bée a méere denuntiation of the Iurours themselues or of some other Officer as you shall hereafter heare wythout anye other information and an Enditemente to bée the Verdite of the Iurours grounded vppon the accusation of a thirde person So that a Presentment is but a declaration of the Iurours or Officers without any bill offered before an Enditement is their finding of a Bill of accusation to bée true Enditemet The òne séemeth to come of the Gréeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I accuse the other of the Frenche Presenter to offer vnto a man or to set beefore him But taking them as others doe lette vs consulte wyth M. Marrowe and others that wée may learne of them what things bée requisite to make a good Enditement For the Iustices of Peace ought to haue an eye vpon the Enditementes taken before them and therefore they vse to command that the Enqueste shall take no Billes but suche as the Iustices themselues hane firste perused Howbeit if the Enquest do the contrarie it is good ynoughe so long as their bils doe