Fuller Shereman and Dyer shall duely doe his labour in his occupation upon paine to yeeld to the party grieved in this behalfe his double damages 2. And that every Fuller Fuller in his Craft and occupation of fulling rowing or tazeyling of cloth shall exercise tazells and no Cardes deceiptfully empayring the same cloth upon paine to yeeld to the party grieved his double damages 3. And that every Iustice of peace for the time being of every County of this Realme throughout the same County out of Cities Burroughes and Townes where any Maior Maister Warden bailiffe or bailiffes is or be and every Maior where there is no maister and every maister where there is no Maior and every bailiffe or bailiffes where there is no Maior nor maister and every Portreve where no Maior maister bailiffe nor bailiffes is or be of every City Burgh and Towne within every such County aforesaid and every Constable of hundred where any Constable of hundred is out of every Citty Burgh and Towne where any Maior Maister Bailiffe or Bailiffes or portrives is or be And every Steward keeping or holding Wapentake or Leete of any person out of City Burgh or Towne where no Maior Maister bailiffe or bailiffes or portreves is or be shall have power and authority by this ordinance to heare and determine the Complaints of every such cloth-maker and labourer aswell for non payment of the said labourers wages as of the said forfaiture and damages by due examination of the parties in this behalfe thereupon for non payment of the said duties and forfaiture and for the said damages to commit the said offendors in this behalfe to the next gaole within the same County there to remaine till the said duties forfaitures and damages be duely paid to the said labourer or cloth-maker And also that every of the said Iustices of P. Maior Maister Warden bailiffe or bailiffes portreve and steward or Wapentake and Leete upon the information or complaint of any other person which is not grieved in this behalfe shall have power by the said authoritie within his jurisdiction to cause the party to come before him against whom such Information or complaint shall be made for offending this ordinance and to examine them in and upon the matter contained in the same information or complaint And if the party by examination or other due proofe be found guilty or defective that then the same party as often and for every time that he is so found guilty or defective shall forfeite to the King or to such person or persons which is or be intituled to have fines or amerciaments for offences done within there Iurisdiction three shillings and foure pence And that every of the said Iustices of peace and other officers aforesaid within their Iurisdiction upon every of the said Informations or complaints shall have full power to make like proces against the party upon whom any such Information or complaint as before is rehearsed shal be made to cause him personally to appeare before him thereupon to be examined as Iustices of peace have upon Information or complaint made to them for surety of the peace without any Fee or reward to be taken or had by any of the said Iustices or any other officer in this party for the execution of their offices in this behalfe Constables CHAP. 8. 1. EVery Iustice of peace may cause two Constables to be chosen in each hundred or barony And this is to be understood of the high Constables of hundreds and it is implyed of congruence that he sweare them 13. Ed. 1. ca. 6. and this seemeth to bee by vertue and force of the statute of Winchester made 13. Ed. 1. and of the first Assignavimus of the Commission of the peace 2. 13. Ed. 1. ca. 6. Note that these Constables of hundreds were first ordained by the said statute of Winchester tempore Ed. 1. And they were to make view of armour twice every yeare and to present before Iustices assigned defaults of Armour of Watches of high-waies and of Huy and Cry and also all such as lodged strangers for whom they would not answere 3. See stat 4. Ed. â— ca. 3. 10. Petie Constables in Townes and parishes were after devised for the aide of the Constables of the hundred viz. about the beginning of the raigne of K. E. 3. as appeareth by Master Lambert in his booke of the duties of Constables pag. 9. 4. The chusing and swearing of these petty Constables is reputed properly to belong to the Court Leet One Iustice yet we finde it usuall and warranted by common experience that every Iustice of Peace doth also sweare them 5. And here for the better chusing of these Constables you shall understand that the law requireth that every Constable be Idoneus homo Co. 8. 41. that is apt and fit for the execution of the said office and he is said in law to bee Idoneus who hath these three things honestie knowledge and abilitie 1. Honestie to execute his office truely without malice affection or partialitie 2. Knowledge to understand what he ought to doe 3. Ability aswell in substance or estate as in body that so he may intend and execute his office diligently and not through impotency of body or want to neglect the place 6. And if any shall be chosen Constable which is not thus inabled and qualified he may by Law be discharged of his said office and another fit man appointed in his place 7. Also by a statute made in Ireland in the fifth yeare of the Raigne of King Edward the fourth it is ordained that in every English Towne of this land that hath more then three houses holden by Tenants where no other president is be chosen by his neighbours or by the Lord of the same Towne one Constable to be president and governour of the same Towne Co. 8. 42. 5. Ed. 4. ca. 5. in Ireland in all things that pertaineth to the common rule of the same Towne as is in ordinance of night watch from Michaelmas to Easter yearely under paine of three pence every night and also to ordaine one paire of Buts for shooting within the Towne or well neare upon the Costs and labour of the said Towne under paine of two shillings from one moneth to other after the publication hereof till the Constable be made and the Buts also and that every man of the same Towne in such houre as the Constable or his Deputy of his neighbours will assigne that is betwixt threescore and sixteene yeares of age muster before the Constable or his deputy at the said Buts and shoot up and downe three times every feast day betwixt the first of March and the last day of Iuly under paine of one halfe penny for every day and that all these paines belevied of their goods or wages from moneth to moneth by the Constable to be spent in strengthning of the same Towne or otherwise in his default to be
of peace resident and dwelling within any County of this realme where such house and backside shall not be so erected and provided shall forf for his neglect Five pounds sterling and so for every yeare which shall ensue after the Feast of Saint Michael wherein the said house and backside shall not be erected and provided every such Iustice of peace as is aforesaid shall forf 5.l sterling the one moitye of the said forfeitures to be unto him or them that will sue for the same by action of debt Bill plaint or information in which suit no protection essoine or wager of law shall be admitted and the other moitie thereof to be imployed and bestowed towards the erection building procuring or providing the same houses and backsides respectively and such necessary imployments as aforesaid and by the said Act it is further ordained that the Iustices of peace in every County within this Realme or the more partie of them shall have power at any their quarter Sessions of the peace within the said County to make such orders as to them or the more part of them from time to time shall be thought fit for the raising of money upon the inhabitants of the said County for erecting or providing the said houses and for the government and ordering the said houses respectively or for stocks of money for the setting to worke such persons as shall be committed to the same or for the yearely payment of such officers as hereafter by this present Act shall bee appointed for governor or governors of the said house or houses and for such other as they shall thinke fit to be imployed therein and that the said Iustices at their said Quarter Sessions wherein they shall set such order for the raising of money as aforesaid shall then and so yearely afterwards nominate and appoint one sufficient man inhabiting in the said County to be and be called the treasurer of the receiving and paying out of such monies as shall be collected for the said houses or for the use of them and the said treasurer so elected to continue for the space of one whole yeare in this office and then to give up his charge with a due accompt of his receipts and disbursements at the quarter Sessions to be holden next after the Feast of Saint Michael every yeare in the presence of two Iustices of peace to such other as shall be from yeare to yeare successively elected treasurer and if any man chosen as aforesaid shall refuse to accept or execute the said office of treasurership that then it shall be lawfull for the Iustices of peace in their quarter Sessions or in their defaults for the Iustices of Assise at the Assises to be holden in the same County to fyne the said treasurer by their discretion the same fyne not to be under three pounds sterling which shall be levyed by sale of his goods by vertue of a warrant to be given for that and by the said Iustices to such person or persons as they shall thinke fit which fyne so levyed to be to the use and towards the maintenance of the said house of correction And it is further enacted that the Iustices of peace of every County within the realme of Ireland at their quarter Sessions of the peace to be holden for their severall Countyes next after the erecting providing or building of the said house or houses and so from time to time or the most part of them shall elect nominate and appoint at their will and pleasure one or more honest fit person or persons to be governor or master of the said house or houses so to be purchased erected built or provided which person or persons so chosen by vertue of this present Act shall have power and authority to set such Rogues Vagabonds idle and disorderly persons as shall be brought and sent unto the said house to worke and labour being able from time to time for such time as they shall continue and be remaining in the said house of correction and to punish the said Rogues Vagabonds idle and disorderly persons by putting fetters or ginnes upon them and by moderate whipping of them and that the said Rogues Vagabonds and idle persons during such time as they shall remaine in the said house of correction shall in no sort be chargeable to the Countrey for any allowance either at their bringing in or going forth or during the time of their abode there but shall have such and so much allowance as they shall deserve by their owne labour and worke And for that it is convenient that the masters and governors of the said houses of correction shall have some fit allowance and maintenance for their travaile and care to be had in the said service as also for the releiving of such as shall happen to be weake and sicke in their custody It is therefore enacted that the masters or governors of the said houses of correction shall have such summe of money paid him yearely as shall be thought meete by the most part of the Iustices of peace within the said County at their quarter Sessions of the peace the same to be paid quarterly before hand by the treasurer aforesaid during the time that the said masters or governors shall be imployed in the service the said master or governor giving sufficient securitie for the continuance and performance of the said service which if the Treasurer shall neglect or refuse to performe then the said master or governor of the said house of correction shall by warrant from any two Iustices of the peace of the said County levye such summe or summes of mony as ought to be paid to the said master or governor by distresse and sale of so much of the said treasurers goods as the said money which shall be behind doth amount unto rendring to the said treasurer the overplus if any shall remaine and in defect of such distresse it shall be lawfull for any two Iustices of peace as aforesaid to commit the said treasurer to the County gaole of the County there to remaine without baile or mainprise untill payment be had of such summes as is behind to the said master and governor provided alwayes that before any such warrant be granted for distraining of the said treasurers goods or committing of his body that it shall appeare before the said Iustices of peace either by confession of the party or by testimony of two sufficient witnesses in the presence of the treasurer that he hath so much money in his hands appertaining to the said uses as may satisfie the said masters or governor and because there shall be the more care taken by all such masters of the houses of correction that when the Countrey hath beene at trouble and charge to bring all such disorderly persons as aforesaid to their safe keeping that then they shall performe their dueties in that behalfe It is therefore enacted that if they shall not every quarter Sessions yeeld a true
c. And have in their said Commission an expresse clause ad audiendum terminandum and so are Iustices of Oyer and Terminer yet it was resolved by the Court that forasmuch as there is a Commission of Oyer and Terminer knowne distinctly by that name and the Commission of the peace is knowne distinctly by another name that the said indictment taken before the Iustices of the peace at their Sessions was not well taken and therefore it was quashed 11. The reason of this last case and Iudgement seemeth to hold in the former cases and in all other like cases where any statute doth specially give authoritie to any other distinct Court or to other Iustices or Commissioners leaving out the Iustice of peace to enquire of heare and determine or to trie felons c. there the Iustices of the peace at their Sessions cannot enquire thereof c. 12. Against servants imbeazelling or taking away the goods of their deceased maister the executors of the party deceased may have a writ directed to the Sheriffe to make open proclamation two market dayes that such offendours shall appeare in the K. Bench at a certaine day And if such writ bee returned and proclamation is thereupon made accordingly then if the said persons which should appeare by reason of the said proclamation do make default 33. H. 6. ca. 1. and do not appeare in the K. Bench at the day specifyed in the said writ they shall be attainted of felony by the statute of 33. Hen. 6. So that such offence of servants embeazelling their said masters goods beginneth first to be felony upon their default of apparance in the Kings Bench after proclamation Of which default the Iustices of peace cannot take notice for that they have not before them the record of such default or not appearing and therefore the Iu. of P. cannot inquire of such felony 13. But in the former cases if any such offendor shall be brought before any Iust of peace and charged with any such felony quare how farre the Iustice of peace is to deale or what he is to doe therein considering the Iustices of peace are no Iudges of such felonies neither have they any Iurisdiction given them by the statutes in such cases Neverthelesse I conceive it to be both serviceable and safe for the Iustice of peace not onely to examine the offence and the circumstances thereof and then to certifie those examinations to such persons as by the statute are made Iudges of the cause but also to commit such an offendour to prison 10. Caroli ca. 1â— in Ireland and to binde over the Informers to give Evidence and this I conceive to bee warranted by the statute of 10. Caroli ca. 18. in Ireland 14. Againe if a man had been feloniously stricken poysoned or bewitched in one County and after dyed thereof in another County by the common Law no Indictment could be thereof taken in either of the said two Counties for that the Iurors of the County where such party dyed could not take knowledge of the said stroke poysoning or bewitching being in a forraigne County Nor the Iurors of the County where the stroke poysoning or bewitching was committed could not take knowledge of the death in another County 10. Caroli ca. 1â— in Ireland But now by the statute of 10. Caroli ca. 19. an Indictment thereof found by Iurors of the County where the death shall happen whether it shall be found before the Coroner or before Iustices of peace or other Iustices c. shall bee good and effectuall in Law and that the Iustices of gaole delivery and Oyer and Terminer in the same County where such indictment shall bee taken shall and may proceede upon the same as if such stroke poysoning or bewitching and death had beene all in one and the same County 15. Also where Felons had robbed or stolne goods in one County and after conveyed the spoile or goods so stollen into another County to their adherents there 10. Caroli ca. 19 in Ireland who knowing of such felony received the same goods In which case although the principall were after attainted the accessary notwithstanding escaped by reason that he was accessary in another County And that the Iurors of the said other County by the common law could take no knowledge of the principall felony in the first County But now by the said statute it is enacted that where any murder or felony shall bee committed and done in one County and other persons shall be accessary in any manner to any such murder or felony in any other County That an Indictment thereof found or taken against such accessary Co. 9. 117. before the Iustices of peace or other Iustices c. in the County where such offence of accessarie shall be committed shall be good and effectuall in law And that the Iustices of Gaole delivery or Oyer and Terminer of or in such County where the offence of any such accessarie shall be committed shall write to the Custos Rotulorum where such principall shall bee attainted or convict to certifie them whether such principall bee attainted convicted or otherwise discharged of such felony And thereupon the Custos Rotulorum shall make certificate in writing under his seale to the said Iustices accordingly and then the Iustices of Gaole delivery or Oyer and Terminer shall proceed upon every such accessary in the County where such accessary became Accessary as if both the principall offence and accessary had beene committed and done in the said County where the offence of accessary was committed 16. So as by the letter of this last recited statute the jurisdiction over these last recited felonies and over such Accessaries is not committed to the Iustices of peace to proceed to the tryall of them But this authority is committed to the Iustices of gaole delivery or of Oyer and Terminer yet the Iustices of peace may examine these offences and take information against the offendors and certifie the same to the next generall gaole delivery and may bind over the Informers and commit the offendors Also the Iustices of peace may inquire thereof and take indictments against them as in other cases of felony 17. Lastly the Iustices of peace at their Sessions cannot make tryall of such as be indicted of Felonie before Coroners or before the Iustices of gaole delivery or of Oyer and Terminer unlesse the same persons scilicet the said Coroner Iustices of Gaole delivery Lamb. 530. or of Oyer and Terminer were also Iustices of peace in the same County so as the indictment may be understood to be taken by them as before Iustices of the peace For the Commission of the peace and the authority of Iustices of the peace extendeth onely to try such as stand indicted before themselves or before former Iustices of the P. or before the Sheriffe in his Tourne of the Steward in a Leete See the statute 1. Ed. 4. cap. 2. for indictments taken in the Sheriffes Tourne
Iudgement of death shall be given upon the offendor except he be saved by his booke 4. And yet if the goods stollen be to the value of ten shillings F. Cor. 451. if the Iury that passeth upon his arraignement shall finde that the goods did not exceed the value of xij d then that offence shall be taken but for Pety Larceny 5. Pety Larceny West 1. c. 15. Br. Cor. 84. 85. Pety Larceny is when the goods stollen doe not exceede the value of xij d and for this the offendor shall be imprisoned for some certaine time and after shall be whipped or otherwise punished by the discretion of the Iustices before whom he was arraigned but it is not felony of death 6. Yet may not the Iustice of peace before whom such an offendor shall be brought out of the Sessions punish by his discretion the said offendor for Pety Larceny and so let him goe but must commit him to prison or baile him to the intent he may come to his triall as in case of other felonies and if upon his triall the Iurie shall finde the goods stollen to exceede xij d in value the offendor shall have Iudgement to dye for the fault 7. Although Pety Larceny be not punishable by death 29. H. 8. 22. F. Coro 218. Br Cor. 2. 84. 85. 2â—6 yet it is a felonious taking for the indictment of Pety Larceny must be felonice cepit and he shall forfeite all his goods and Chattells for such a felony and there is no difference either in the nature of the offence or in the minde of the offendor but only in the value of the thing stollen which maketh the difference of punishment 8. If one shall steale goods to the value of 4. F. Coro 415. Stamf 24. Crom. 36. 2. d. at one time and vj.d. at another time and of iij. d at another time which together doe exceede the value of xij d and that these severall goods be all stollen from one and the same person then may they be put together in one Indictment and the offendor being thereupon arraigned and found guilty shall have judgement of death F. Coro 440. Stamf. 24. 1. 9. Againe if two or more together doe steale goods above the value of 12. d. this is felony of death in them all for the felony in them is severall though the stealing be joyntly done 10. In Larcenie two things must concurre scil to take and to carry away The manner or remove the thing taken with a purpose to steale the same for the indictment must be Cepit asportavit or cepit abduxit and yet in these words the letter is not so much to be insisted upon as the meaning and that for the better suppressing of offendours in this kinde For although by the Law in Maister Glanvils time à furto omnimodo excusatur qui initium habuerit suae detentionis per dominum illius rei yet at this day it may be felony though the offendour take not the thing but comes first unto it by delivery from the owners owne hand and so commeth lawfully to the possession As if a Taverner doe set a peece of plate before his guest to drinke in 13 Ed. 4 9. Stamf. 25. and the guest carrieth it away this is felony for the Taverner gave him no possession thereof but onely the use to drinke in it for the time Or if I deliver goods to a Carrier or other person and bargaine with him to carry them to a certaine place appointed if he carrieth them to the place and then convayeth them away fraudulently this is felony for the privity of bailement was determined when they came at the place appointed So if the Carrier shall take out parcell of the goods this is felony and likewise if the Carrier shall carry them to another place and there breaketh them up and converteth part or all to his owne use this is felony but if the Carrier shall sell or give away or otherwise imbezell the whole as he received them this is holden to be no felony because it was delivered him in the same kinde Stamf. 25. a. Cromp. 36. a. 11. And yet in this last case there is besides the delivery a bargaine and agreement to carry the goods and the delivery was only to that intent so that the property of those goods did alwayes remaine in the first owner But if A. lendeth his horse to B. being a stranger who rideth quite away with the horse this is no felony in B. by reason of the delivery And so did Sir Iohn Dodderidge Knight give direction at Cambridge Assises 1617. upon an Indictment of Felony preferred in such a case 12. If a Clothier shall deliver any Wooll or Yarne to his Carder Spinster or Weaver c. to dresse and they shall convay away imbezell or sell any part thereof this seemeth to be no felony by reason of the delivery 13. Ed 4. 9. 13. So if I deliver my goods to another to keepe and he fraudulently consumeth them or otherwise converteth them to his owne profit this is no felony because of the delivery 14. And so it seemeth if I deliver mony or goods to A. to deliver to B. and A. flyeth away with them consumeth them or converteth them to his owne use this is no felony by reason of the delivery 15. If a man delivers money to his servant to keepe Servants or plate to his Butler or vessell to his Cooke or horse to his horse keeper 13. E. 4. 10. 3. H. 7. 12. 21. H. 7. 15. or Sheepe to his Shepherd and such servant doth goe away with them this is felony by the common Law in that servant for these goods were alwayes in the master possession and kept and used by the servant to the masters behoofe But yet there was much difference of opinions herein 33. H. 8. ca. 5. in Ireland for the clearing whereof in some part a statute was in the time of King H. 8. made whereby it was provided that all and singular servants of the age of Eighteene yeares Cromp. 50. other than an Apprentice which must be understood of such as are bound by Indenture and by the name of an Apprentice to whom any money Apprentices and servants under the age of Eighteene shall be in case as they were before the making of this statute goods or Chattells c. by his or their master or mistresse shall be delivered to keepe of the value of xl.s. or above if such servant shall goe away with or shall imbezell or shall convert to his owne use any such money goods or Chattells of the said value to the intent to steale the same or to defraud his Master or Mistresse thereof it shall be felony but this must be prosecuted within one yeare after the offence 16. And now upon the construction of this stat diverse new questions and cases have since beene moved Dyer 5. As if a
Iustices of peace only or some of them that were present at the enquiry Co. 9. 11â— and when the indictment was found they only have power to make restitution except the Iustices of the Kings Bench who have a supreame authority in all cases of the Crowne 33. And therefore if the record sc the presentment of such force shall be certified by the Iustice of peace into the Kings Bench Or that the same prefentment or indictment shall be removed thither by Certiorari there the Iustice of the Kings Bench may award a writ of Restitution to the Sheriffe of the same County to restore possession to the party so expelled 34. After it shall be found by such Enquiry P.R. 14. b. that such forceible entrie or deteiner is made the Iustice of peace may breake open the house by force to reseise the same and to put the party so put out in possession againe And so may the Sheriffe doe having the Iustice warrant 35. The forme of such warrant from the Iustice of peace to the Sheriffe to make restitution you may see in the Title of warrants and presidents 36. But the Iustice of peace may not in any wise make restitution without such inquiry first had and such force thereby found And if the Iustice shall make restitution without inquiry it seemeth to be punishable in the Starchamber 37. Also this restitution ought to be made to none but to him only that was put out so that if the Father be put out by force and dyeth after inquiry and before restitution his heire shall not have restitution 38. Also such restitution must be made only where a man is put out or holden out c. of house or land and is not to be understood of a Rent Common Advowson or such like 39. Also the Iustice may make restitution notwithstanding any offer of Traverse but yet upon Traverse tendred the safest way for the Iustice of peace seemeth to be for him to deliver or certifie the presentment into the Kings Bench and so to referre the further proceedings therein to them 40. And although these statutes doe inflict no penaltie upon the Iustice of peace if they shall not execute these statutes yet if upon complaint or other notice to them given of such force they shall not at least remove the force record it and commit the offendors they are punishable in the Starchamber 41. Although the Iustice of peace ought to commit to the gaole and may fine all such as he shall see continuing the force at his comming to the place yet upon a force found by the inquiry only and not viewed and seene by the Iustice he may neither fine nor send to the gaole the said offendors by the statute of 8. H. 6. which appointeth the inquiry for the Iustice hath power by the said statute to make restitution only as saith Master Lambert Cromp. 161. b. yet Master Crompton holdeth the contrary But howsoever the Iust of P. is to remove the offendors that be present that so he may restore the other and may bind the offendors to their good behaviour and if the offendors be gone yet the Iustice may make his warrant to take the offendors and may after send them to the Gaole untill they have found sureties for their good behaviour 13. H. 4. ca. 7. 42. Note that if such forceible Entrie or detainer shall be made by three persons Cromp. 68. b. or moe then is it also a Riot and then if there be no former enquiry thereof made the two next Iustices of peace upon notice ought to inquire thereof as of a Riot by a Iury within one moneth upon paine to either of them making default to forfeite 100. l. Defaults of Sheriffes 43. Also one Iustice of peace may as it semmeth heare and determine the defaults of Sheriffes and Bailiffes in not returning sufficient Iurors whereof every one shall have lands 8. H. 6. 9. P. Iust 89. Rast 174. c. c. to the value of Forty shillings by the yeare at the least before him to inquire of such forceible Entrie or deteiner and the said Iustice of peace may proceede therein aswell by bill at the suite of the party grieved for himselfe as also by indictment only for the King And the same processe shall be made against such persons indicted or sued by Bill in this behalfe as should be made against persons indicted or sued by writ of Trespasse with force and Armes against the Kings peace 44. And though any one Iustice of peace may proceede in every of these former cases of forceible Entrie or deteiner as aforesaid yet if two or more Iustices shall joine therein together it is the better foâ— plus vident oculi quam oculus securius expediuntur negotia pluribus â—â—â—missa Co. 4. 46. 〈…〉 45. Also the Mayors and Iustices of Peace and the Sheriffes and Bailiffes of Cities and Burroughes having Franchise 8. H. 8. 9. Rast 174. d. have in the said Cities townes and Burroughes like authoritie to inquire of such Entries or putting out and in other the Articles aforesaid rising within the same as the Iust of Peace and Sheriffes in Counties and Shires have 46. The stat of Northampt. Also every Iustice of Peace to whom a writ upon the statute of North-hampton concerning the removing of a force shall bee delivered ought to execute the same writ sc hee ought to remove the force and to certifie his doings therein into the Chancerie 1. Ed. 3. 3. 47. And for that the Iustices of peace to whom this writ shall be delivered is herein but a minister and is to certifie that which he shall doe therein I will here set downe the manner how hee shall proceede to execute this writ 1. When the Iustice of Peace shall come to the place where the force is supposed by this writ he may cause three Oyes for silence to be made and then he may make Proclamation in the Kings name to this effect The Kings Majesties Iustice of Peace straightly chargeth and in his Majesties name commandeth all and every person to keepe silence whilst his Majesties writ c. be read and proclamation be thereupon made accordingly 2. Then may he read or cause to be read the writ or may declare the effect thereof 3. Then let three other Oyes be made And thereupon make proclamation againe as followeth His Majesties said Iustice doth in his Highnesse name and by vertue of his Majesties writ straightly charge and command that no manner of person of what estate degree or condition soever now being within the house of B. c. named in the said writ shall goe armed or keepe force of armour or weapon nor doe any thing there or elsewhere in disturbance of his Majesties peace or in offence of the stat made at North-hampton in the 2. yeare of King E. 3. upon paine of loosing his said armour and weapons and of imprisoning his bodie at his
ca. 9. 20. That the Iustices of peace in every County in two of their Sessions to be holden betwixt the Feast of Easter and Saint Michael shall make proclamation by their discretion after the dearth of victuals how much every Mason Carpenter Tyler and other Craftesmen workemen and labourers by the day aswell in harvest as in other times of the yeare after their degree shall take by the day with meate and drinke or without meate and drinke betweene the two Sessions aforesaid notwithstanding the statute thereof heretofore made and that every man obey to such proclamations from time to time as a thing done by statute Anno 13. Ri. 2. cap. 8. vide 33. H. 8. cap. 9. in Ireland that these proclamations must be in the next Sessions after Easter and Michaelmas 21. That no Labourer be retained to worke by the weeke not that no Labourers Carpenters Masons Tilets Plaisterers Daubers Coverers of houses nor none other Labourers shall take any hire for the holy dayes nor for the Evens of Feasts where they doe not labour but till the houre of Noone but only for the halfe day upon the paine that such Labourer Carpenter Mason Tiler Plaisterer Dauber Coverer of houses or any other Labourer that taketh contrary to this statute shall pay to the King for every time that he doth so contrary 20. s. Anno 4. H. 4. ca. 14. 22. The statute of Labourers made at Canterbury and all other good statutes of Labourers made and not repealed be firmely holden and kept and put in due execution and moreover that the Iustices of peace have power to send their writs for such fugitive Laborers to every Sheriffe of the Realme of England and to make such processes as the statute of Anno 34. Ed. 3. cap. 10. requireth to bring them before them to answere to our soveraigne Lord the King and to the parties of the contempts and Trespasses made or done against the ordinances and statutes aforesaid in like manner as the Iustices have power to send to every Sheriffe for the Theeves before them indicted And also that all the statutes and ordinances of Labourers servants and artificers before this time made and not repealed be exemplified under the great Seale and sent to every Sheriffe of the Realme thereof to make Proclamation in full County and after this Proclamation so made that every Sheriffe shall cause the same Ex-emplification to him directed to be delivered to the Iustices of the peace in his County named in the Quorum or to one of them to remaine with such Iustices which be or shall be for the better putting of the aforesaid statutes and ordinances in due execution And also that the Iustices of peace from henceforth have power to examine aswell all manner of Labourers and servants and their masters as Artificers by their oathes of all things by them done contrary to the said ordinances and statutes and upon that to punish them upon their confession after the effect of the statutes and ordinances aforesaid as though they were convict by Inquest and that the Sheriffe in every Shire of the Realme shall doe well and duely in his office in this behalfe upon paine to lose and to forfeit to our Soveraigne Lord the King Twenty pounds Anno 2. H. 5. cap. 4. 23. If any servant of husbandrie purposing to depart from his Master at the end of his Terme at the midest of his Terme or otherwise make a Covenant before with another man to serve him for the next yeare if he be in such case as the law will compell him to serve that the said servant and he which so shall make covenant with him at the middest of the said Terme or before shall give warning to the master of the said servant of the said Covenant so newly made so that the same master may provide another servant against the end of his Terme and if any covenant with any such servant be otherwise made or such warning in manner and forme aforesaid not had that the same Covenant shall be voide and that the same servant be compelled to serve his first master for the next yeare except that a lawfull cause being of a latter time require the contrary and if any person refuse to serve or labour for the wages assessed by the Iustices of peace then every Iustice of peace in their Counties shall have power at every time to call them to examination of the same and such as they shall finde defective to commit to the gaole there to remaine till they have found sufficient surety to serve and labour in forme by the law required And if any servant Artificer workman or labourer doe contrary to the premisses or deny his service occupation of labour by reason of not giving of salarie or wages contrary to these statutes that hee shall lose to the partie that will sue in this behalfe 20. s. and that the said Iustices of peace shall have power to heare and determine all manner of offences done contrary to the forme of this statute aswell at the Kings suit as at the parties And that every of the Kings leige people may have the suit against every person that shall offend in any point against this statute and the processe shall be by Attachment Capias and Exigent and that the Iustices of peace shall assesse no fyne upon any which shall be convict before them of any thing done to the contrary to any statute of Labourers or Artificers or for this cause to put him in the good grace of out Soveraigne Lord the King under three shillings foure pence And also that the Iustices of peace thorow the Realme two times every yeare shall doe openly to be proclaimed in their Sessions all the statutes of Labourers Artificers Hostlers Victualers servants and Vagabonds before this time made and not revoked with this statute Also that by colour of the Tenure of lesse lands then the husbandry of the same shall suffice to the continuall occupation of one man no man shall be excused to serve by they yeare upon the paine to be justified as a Vagabond also that Iustices of peace shall have power to take all servants retained with any person by colour of Husbandrie and not duely occupied about the same which servants ought by the law to be servants of Husbandrie to such as shall require their service and to justifie them in every point as the same Iustices have power to justifie Vagabonds 23. H. 6. ca. 13. 24. And now because the rating and assessing of the wages of Labourers Artificers and Servants by force of an Act of Parliament made in Ireland in Anno 33. H. 8. cap. 9. 33. H. 8. ca. 9. in Ireland is to be done by the Iustices of peace so as by this statute all the former statutes are altered in that particular point of wages only It will not be amisse to recite the statute verbatim which is as followeth 25. Forasmuch as prices of victuals cloth and other necessaries
for Labourers Servants at Husbandry and Artificers yearely change aswell sometime by reason of death and scarcenesse of corne and victuall as otherwise so that hard it is to limit in certaine what wages Servants at Husbandry should take by the yeare and other Artificers and Labourers by the day by reason whereof they now aske and take unreasonable wages within the land of Ireland For reformation whereof be it enacted by authority of this present Parliament that the Iustice of peace in every County within this land of Ireland yearely in their Sessions to be holden within one moneth next after the Feast of Easter and one moneth next after the Feast of Saint Michael the Archangell shall make Proclamations by their discretion having respect to such prices as victuals cloth and other necessaries then shall be at how much every Mason Carpenter Sclauter and every other Artificer and Labourer shall take by the day aswell in harvest season as any other time of the yeare with meate and drinke and how much without meate and drinke betwixt both the said Sessions And also at the Sessions to be holden next after the Feast of Easter how much every servant at Husbandry shall take by the yeare following with meate and drinke and that every of them shall obey such Proclamations from time to time as a thing made and established by Act of Parliament for a law in that behalfe upon paine of forfeiture every one of the said Carpenters Sclauters Artificers Labourers and Servants that shall take any thing contrary to the said Proclamation or Proclamations the thing so taken and imprisonment of their bodyes by the discretion of the said Iustices and that Iustices of peace at any Sessions shall enquire heare and determine the same offences and thalffendell of the said forfeiture to be to the Kings highnesse and the other halfe to him or them that shall give information of the same forfeiture and that all and every Act before this time made concerning the limitation of wages for the said Servants Artificers and Labourers be in that point only voide and of none effect within this land and this Act to endure till the next Parliament within this land to be holden 11. Eliz. ca. 5. in Ireland 26. Which statute by another Act of Parliament made in Ireland in Anno 11. Eliz. cap. 5. is made perpetuall 27. And having now set forth the statutes concerning Labourers Artificers and Servants it will be necessary for the better information of the Iustices of peace to make some exposition of the said statute of 23. Ed. 3. which is the ground of all the rest which I shall briefely doe in these eight particulars following 1. First what the common Law was concerning Labourers Artificers and Servants before the said statute 2. Secondly who are compellable to labour by the said statute of 23. Ed. 3. 3. What is a good retainer within that statute and what not 4. What be good causes for a servant to depart from his service within his Terme and what not 5. How and in what manner the master may discharge the servant apprentice or other Artificer of his service 6. Sixtly who may lawfully take a servant out of the service of his master with whom he is retained without the danger of the said statute 7. Seventhly In what cases a man may receive or retaine a servant that is formerly retained by another 8. And lastly who shall in Law be taken to be a servant within the meaning of the said statute of 23. Ed. 3. The common Law before the statutes 28. For the First by the common Law before the said statutes a Iustice of peace by the first Assignavimus of the Commission pro bono regimine might commit to prison all Idle wanderers which were able to worke and would not which had no meanes or livelyhood of their owne to remaine in prison untill they should finde surety either to betake themselves to some honest labour or else to be bound to their good behaviour and this is agreeable to the Law of God as appeares in the second Epistle of Saint Paul to the Thessalonians the third Chapter where Saint Paul giveth a commandement and a precept that if any would not worke he should not eate that is he should not eate the fruite of other mens labours but should worke and eate his owne bread and it is plaine and manifest in the kingdome of Ireland that Idlenesse hath beene the chiefe occasion of many rebellions and yet is a great occasion of the poverty of that kingdome and for the better suppressing of all such Idle living diverse good Lawes and statutes have beene enacted and made in that kingdome as namely in Anno. 25. H. 6. ca. 7. It was enacted that the Sonnes of Husbandmen and Labourers should be Labourers and travellers upon the ground as they were in old time and in all other workes and labours lawfull and honest according to their state and if it fortune that any such sonne of an Husbandman or of a Labourer doe the contrary and thereof be lawfully convicted before any Iudge of the King or Iudge of Franchise that he shall have the imprisonment of one yeare and over that he shall make fyne to the King or to the Lord of the Franchise according to the discretion of the Iudge before whom he is convicted 29. 11. Caroli c. 16. And by another staâ—ute lately made in Ireland in the eleventh yeare of the Kings Majestie that now is It is enacted that if any person or persons that hath no meanes of ability of his owne or sufficient meanes of support from his parents and kindred that shall walke up and downe the Countrey with their Fosterers or kindred and retinue with one or more Greyhound or Greyhounds or otherwise or that shall casher lodge or sesse themselves their followers their horses or their Greyhounds upon the Inhabitants of the Countrey or shall directly or indirectly exact meat drinke or money from them or shall crave any helpes in such sort as the poore people dare not deny the same for feare of some scandalous Rime or song to be made upon them or some worse inconvenience to be done them that it shall bee lawfull for every Iustice of peace of each County within the Realme of Ireland and for the Iustices of Assise in their severall Circuits to apprehend or cause to be apprehended all such person or persons and him or them to bind to their loyaltie and allegeance or allegeances or to the good behaviour as in the discretion of such Iustices shall seeme meete and to commit the said persons to the common gaole of the said County untill he or they shall finde bonds by recognisance as aforesaid with very good sureties which the Iustice of peace shall returne all and every such Bonds or Recognisances so by him to be taken at the next generall Sessions of the peace for the said County where the same shall be taken and all
be compelled to goe to the hundred where he was borne or last dwelled for the space of three yeeres within such time as shall be limited to him by one of the Iustices of peace Mayors sheriffes bailiffes or other officers where such deliverance shall be had And it is enacted that every such person so delivered shall have a letter made to him by the Clarke of the peace of the shire within the which he was delivered if he be delivered within the shire and if he bee delivered within any Towne Citie borough corporate then he to have a letter of the common Clerke of every such City borough or towne corporate where he is delivered every such letter witnessing the day of his deliverance and the place where he was delivered and before whom and the time appointed when he shall begge for his Fees and the place to the which he shall be assigned to repaire unto in case he can get no master to fall to worke where he was delivered and to every such letter the gaoler or keeper of the prison out of which the person shall be delivered shall put the seale limitted to be made as is aforesaid for the said prison and that every such letter shall be made in this wise following Dublin ss the 20. day of Iuly Anno regni regis Caroli I. S. was delivered for felony our of the gaole of D. in the said County at the Sessions holden afore A.B. and his fellowes at Sale the day and yeare aforesaid and is allowed to begge for his Fees by the space of six weekes and in case he can get no master to worke with in the said terme then he is assigned to goe directly to D. in the county of Meath wherein he saith he was borne or last dwelled by the space of three yeares and he is allowed 14. dayes next after the six weeks for his passage thither or such number of daies as to him shall bee limited by the discretion of the maker of the said letter In witnesse whereof the seale of the prison from the which hee was delivered thereunto is set and in such shires where no gaole is the sheriffe therof for the time being shall cause a seale to be engraved with the name of the shire and shall order and use the same seale to and for such persons so delivered as is aforesaid after like maner and forme as the Gaoler and keeper of the gaole is limitted and appointed to doe by this Act. And it is also enacted that every Clerke of the peace of the Shire within the which such person shall be delivered and every common Clerke of every Citie borough or towne corporate within the which any such person shall bee delivered shall make for every such person as shall be so delivered where they be such officers the said letter in forme abovesaid without any Fee taking for the same and shall deliver every such letter to the Gaoler or keeper of the prison from the which such person shall be delivered and if there be no Gaole there then to the Sheriffe of the shire where such deliverance shall be had within one day next after the end of the Sessions where any such deliverance is had upon paine to loose and forfeit for the default of every letter 12. d. to the Kings Majestie and that the Gaoler or Keeper of the prison from the which the person shall be so delivered and in case there be no Gaole then the Sheriffe of the shire where any such deliverance shall be had shall not suffer any such person to goe abroad to begge for his fees nor depart out of prison except it be to service or labour unlesse the said Gaoler or sheriffe first deliver to the said person the said letter containing his name sealed with the seale of the prison from the which he shall be delivered or else with the seale engraved with the name of the shire if there be no prison upon paine for every default to loose 12. d. to the Kings highnesse And it is enacted that if any person or persons so being delivered out of prison at any time after the said feast doe begge not having the letter aforesaid sealed in forme abovesaid or begge contrary to the tennor of the said letter that then he shall be taken ordered and whipped in every behalfe like as is above appointed for strong beggers and that to bee done and executed by such as be above limitted to doe the same upon strong beggers and in such wife and upon such paine as is above limitted for non execution of the punishment of strong beggers provided alway that it be lawfull to every person and persons being bounden by reason of any foundation or ordinance to give or distribute any money in Almes and also to every person and persons at common doles used at burials or obytes to give and dispose in Almes any money to every person and persons commīng to such Almes or Doles after like forme and manner as they have beene accustomed to doe in that behalfe before the making of this Act without any danger or penaltie of this statute any thing contained in this present statute to the contrary hereof notwithstanding provided also that it be lawfull to all masters and Governours of hospitals to lodge and harbour any person or persons of charitie or Almes according to the foundation of such hospitals and to give money in Almes in as large manner and forme as they are bounden or owen to doe any thing in this statute to the contrary hereof notwithstanding And lastly in anno 11. Caroli ca. 4. in Ireland it is ordeined for the better suppressing of Rogues Vagabonds and other idle and disorderly persons that before the Feast of Saint Michael the Archangell which shall be in the yeare of our Lord God one thousand six hundred thirty and six there shall be erected built or otherwise provided within every County of this realme of Ireland one or more fit and convenient house or houses of correction with convenient backside thereunto adjoyning together with Mils working cards and other necessary implements to set the said Rogues and other idle and disordered persons on worke the same houses to be built erected or provided in some convenient place or Towne in every County which houses shall be purchased conveyed or assured unto such person or persons as by the Iustices of peace or the more part of them in their quarter Sessions of the peace to be holden within every county of this Realme of Ireland shall be thought fit upon trust to the intent that the same shall be used and imployed for the keeping correcting and setting to worke of the said Rogues Vagabonds sturdie beggers and other idle persons And it is further enacted by the authoritie aforesaid that if the said house and houses respectively so to be erected purchased or provided shall not be erected built or otherwise provided before the said feast of Saint Michael that then every Iustice
and lawfull accompt to the Iustices of peace of all such persons as have beene committed to their custody or any of them shall be troublesome to the Countrey by going abroad or otherwise shall escape away from the said house of correction before they shall be from thence lawfully delivered that then the said Iustices shall set downe such fynes and penalties upon the said masters and governors as the most part of them in their quarter Sessions shall thinke fit and convenient and all fynes and penalties not herein before limitted shall be paid unto the treasurer and accompted for by the treasurer aforesaid and further that the said Iustices of peace of every County or any two or more of them twice in every yeare at the least and oftner if there be occasion shall assemble and meet together for the better execution of this statute and that some foure or five dayes before their assembly and meeting the said Iustices or the more part of them shall by their warrant command the Constables of every Barony Towne Parish Village and hamlet within the said County or so many of them as they in their discretions shall thinke fit which shall be assisted with sufficient men of the same places to make a generall privy search in one night within their said Barronies Townes Parishes villages and hamlets for the finding out and apprehending of the said Rogues Vagabonds wandring and idle persons and that such Rogues Vagabonds wandring and idle persons as they shall then finde and apprehend in the said search shall by them be brought before the said Iustices at their said assembly and meeting there to be examined of their idle and wandring life there to be punished according to a statute in the 33. yeare of King H. 8. in this kingdome against Vagabonds or otherwise by their warrant to be sent or conveyed unto the said house or houses of correction within the said County appointed and prefixed there to be delivered to the master or governor of the said house or to his Deputie or assignee to be set to labour and worke at which dayes and times of assembly and meeting so to be held by the said Iustices of peace the Constables of the said Barronies Parishes Townes Villages and hamlets shall then appeare before the said Iustices of peace at the said assemblies or meetings and there shall accompt and reckon upon oath in writing what Rogues Vagabonds and wandring disorderly persons they have apprehended both in the same search and also betweene every such assemblies and meetings and how many have beene by them punished or otherwise sent unto the houses of correction which if the said Constables shall neglect to performe as also to convey safely all such Rogues with all other idle or disorderly persons at the charge of the Constablewicke as by the Iustices of peace warrants shall be sent unto the houses of correction in the same County that then they shall forfeite such further fynes paines and penalties as by the said Iustices of peace or the most part of them shall be thought fit and convenient not exceeding the summe of Forty shillings for every offence And it is further enacted that all persons calling themselves schollers going about begging all idle persons going about in any Countrey either begging or using any subtill craft or unlawfull games or playes or feigning themselves to have knowledge in Phisiognomie Palmestry or other like crafty science or pretending that they can tell destinies fortunes or other like phantasticall imaginations all persons that be or utter themselves to bee proctors procurers patentgatherers or collectors for gaoles prisons or hospitals all Fencers Bearewards common players of enterludes and minstrels wandring abroad all Iuglers all wandring persons and common labourers being persons able in body using loytering and refusing to worke for such reasonable wages as is taxed and commonly given in such parts where such persons doe or shall happen to abide or dwell not having living otherwise to mainetaine themselves all persons delivered out of gaoles that begge for their fees or otherwise travell begging all such persons as shall wander abroad pretending losse by fire or otherwise all such as wandring pretend themselves to be Egyptians or wander in the habite forme or attire of counterfeit Egyptians shall be taken adjudged and deemed Rogues Vagabonds and sturdy beggers and shall sustaine such punishments as are appointed by the said statute made in the three and thirtieth yeare of King Henry the Eighth cap. 15. in this kingdome against Vagabonds or be otherwise dealt withall by sending them to the house of correction in the County where they shall be found as to the Iustices of peace of the said County or to any one or more of them shall be thought fit and for that many wilfull people finding that they have children have some hope to have reliefe from the Parish wherein they have dwelled and being able to labour and thereby to relieve themselves and their families doe neverthelesse runne away out of their Parishes and leave their families upon the Parish for remedy whereof it is enacted that all such persons so running away shall be taken and deemed to be incorrigible Rogues and endure the paines of incorrigible rogues and if either such man or woman being able to worke and shall threaten to run away and leave their families as aforesaid the same being proved by two sufficient witnesses upon oath before two Iustices of peace in the County where they dwell or whither they runne that then the said person so threatning shall by the Iustices of peace be sent to the houses of correction unlesse he or shee can put in sufficient sureties for the discharge of the Parish there to be dealt with as a sturdy and wandring Rogue and to be delivered by the said Iustices at any of their meetings or at their quarter Sessions and not otherwise And it is further enacted that if any Action of Trespasse or other suite shall happen to be attempted and brought against any person or persons for taking of any distresse making of any sale or any other thing doing by authority of this present Act the defendant or defendants in any such Action or suite shall and may either plead not guilty or otherwise make avowry cognisance or justification for taking of the said distresse making of sale or other thing doing by vertue of this Act alledging in such avowry cognisance or justification that the said distresse sale trespasse or other thing whereof the plainetiffe or plainetiffes complained was done by authority of this Act and according to the tenor purport and effect of this Act without any expressing or rehearsall of any other matter or circumstance contained in this present Act to which avowry cognisance or justification the plainetiffe shall be admitted to reply that the defendant did take the said distresse made the said sale or did any other Act of Trespasse supposed in his declaration of his owne wrong without any such cause
Twelve yeeres shall by warrant from such Iustice of Peace or head officer be set in the stocks for three whole houres but if the offendor be under the age of Twelve yeares and shal not forthwith pay the said summe of 12. d. then he or she by the warrant of such Iustice of P. or head officer shall be whipped by the Constable or parents or master in his presence And be it further enacted that if any such offendor shall commence any suite in Law against any officer or other for such distraining sale of goods whipping or setting in the stocks the defendant or defendants may pleade the generall issue and give the speciall matter in evidence to the Iury at the triall and if it be found against the plaintiffe or that the plaintiffe be non-suite the defendant or defendants shall be allowed good costs to be taxed by the Court provided neverthelesse that every offence against this law shall be complained of and proved as abovesaid within twenty dayes after the offence committed And it is also enacted that the said Act shall be read in every parish Church by the minister thereof vpon Sunday after the Evening Prayer twice in the yeare Treason CHAP. 65. BEfore the making of the statute of 25. Ed. 3. ca. 2. de prodicionibus there was great ambiguity and diuersity of opinions what offence should be adjudged Treason for clearing whereof the said statute was made whereby it is declared that these offences following should be adjudged Treason viz. 1. To compasse or Imagine the death or destruction of the King the Queene or the Prince 2. To deflowre the Queene or the eldest daughter of the King not marryed or the wife of the eldest sonne and heire of the King 3. To levie warre against the King in his Realme or to be adherent to the Kings enemies in his Realme giving them ayd or comfort in his Realme or elsewhere 4. To counterfeite the Kings great seale or privy seale or his money 5. To bring false money into this kingdome like to the Kings money knowing the same to be false to merchandise or make payment in deceit of the King and his people 6. To kill the Cancellor Treasurer or Iustices of the King of the one Bench or the other Iustices in Eire and of the Assises and all other Iustices of Oyer and Terminer being in their places doing their offices 2. All these offences are by the said statute declared to be Treasons which extend to the King and his Royall Majestie for which the King shall have the Escheate aswell of the lands holden of others as of himselfe 3. Also there be other offences by the said statute declared to be petty Treasons which doe not extend to the Kings Majestie as where the wife doth murder her husband the servant his master or the Clerke his Ordinary in which cases the chiefe Lords had the Escheates but now by a statute made in this kingdome of Ireland in 10. H. 7. ca. 21. aswell these offences of pettie Treason as also those which at the common Law were murder of malice prepensed are made high Treason both in the Actors and procurers and by a statute made in 28. H. 8. ca. 7. in Ireland all escheats for any manner of Treason are given to the King 4. By another statute made in 3. H. 5. ca. 6. It is declared that washing fyling or clipping of money shall be high Treason 5. By another statute made in 4. H. 7. ca. 16. the coyning of forraigne coyne which is permitted to passe in this Realme is Treason 6. By another statute made in Ireland in anno 13. H. 8. ca. 1. willfull burning of houses or Rickes of Corne in the field or in the Townes is made Treason 7. By another statute made in Ireland in 11. Eliz. ca. 1. for the attainder of Shane ô Neale the assuming of the name or dignity of O Neale or taking any thing by colour of that name is made Treason 8. By a statute enacted in anno 10. H. 6. ca. 3. in Ireland for Cessing of horsemen or footmen upon the Kings subjects without their good wils the offendor shall be adjudged as a traitour 9. By another statute made in Ireland in anno 18. H. 6. ca. 2. It is enacted that putting into Comricke and the granting of such Comricke or safeguard shall be Treason aswell in the giver as in the taker 10. By another statute made in Ireland in anno 10. H. 7. ca. 13. It is enacted that to cause assembly or insurrection conspiracies or in any wise to procure or stirre Irishry or Englishry to make warre against the Kings authority that is to say his Lievetenant or Deputy or Iustices or else in any manner to procure or stirre the Irishry to make warre upon the Englishry shall be high Treason 11. By another statute in Ireland made in 28. H. 8. ca. 7. It was enacted amongst other things that if any person shal malitiously wish will or desire by words or writing or by craft imagine invēt practise or attempt any bodily harme to be done to the King the Queene or their heires apparant or to deprive them or any of them of the dignity title or name of their Royall estates or publish or pronounce by expresse writing or words that the Kings Majestie is an Hereticke Schismaticke Tyrant Infidell or Usurper of the Crowne or shall rebelliously detaine or withhould from the King his heires or successors any of his or their ships ordinances artillery and other munition of warre and shall not deliver up the same within six dayes after they shall be required by Proclamation under the great seale the offendors Ayders Counsellers Consenters and Abettors shall be adjudged Traitours of high Treason 12. Having now briefely declared the statutes which are of force in this kingdome of Ireland concerning Treasons I will returne backe to the exposition of the said statute of 25. Ed. 3. de prodicionibus 13. That statute of 25. Ed. 3. doth not make any offence to be Treason which was not Treason by the common Law before neither doth it alter any offence of Treason at the common Law into a lesser offence but onely declareth the common Law in some particular cases and therefore it will be necessary to set forth what offences have beene adjudged to be Treason at the common Law both before and sithence the making of that statute 14. Treasons at the common Law I finde thus defined by Glanvill li. 14. ca. 1. cum quis itaque de morte Regis vel seditione Regni vel exercitus infamatur c. And afterward in the same chapter are these words viz. ipsum accusatum machinatum fuisse vel aliquid fecisse in mortem Regis vel seditionem Regni vel exercitus vel consensisse vel consilium dedisse vel authoritatem prestitisse c. 15. Also I finde in Bracton li. 2. Titulo de crimine lesae majestatis Treason to be thus defined videlicet Si quis ausu
command you that you together with the petty Constables of the severall Townes Parishes and Hamlets within your Barony taking sufficient assistance out of the said Townes doe make a generall privy search within every of the said severall Townes Parishes and Hamlets upon _____ at night next comming for the finding out and apprehending of all Rogues Vagabonds and wandring idle persons in or about their said severall Townes and that such as shall be found and apprehended you doe cause them to be punished in every severall Towne or Parish where they shal be so apprehended by the petty Constables of every severall Parish respectively and by them also further to be conveyed according to the statute And if any of the said Rogues shall appeare to be dangerous or incorrigible that then you cause such to be brought before me or any other of his Majesties Iustices of peace to be further dealt withall according to the statute in such cases provided dated c. Afterwards any one of these Iustices may take the examination of or proofe against such dangerous Rogues finding cause may then commit such Rogues to the gaole and from thence he may by two Iustices of peace be sent to the house of correction A warrant for a fugitive servant Iohn Cuts Knight one of the Iustices of the peace of our soveraigne Lord the King c. To the Baliffes of the Barony of C. and to T.H. Constable of M. in the County of Dublin Dublin greeting Whereas E. L. hath beene retained to serve I. T. of M. aforesaid according to the forme and effect of a statute made for servants without just cause or licence of the said I.T. hath departed from his service Therefore on the behalfe of our soveraigne Lord the King I charge and command you and every of you that immediately after sight hereof you cause the said E.L. to be delivered to his said master to serve him and if he shall refuse so to doe that then you cause him to be convayed to his Majesties gaole of the said County of Dublin there to remaine untill he shall doe the same So that you may have him before me and the rest of my fellow Iustices at the next Sessions of the peace to be holden for the said County to receive such punishment as shall be then and there inflicted upon him sealed with my seale _____ dated c. Or thus in Latine Iohannes Cutts Miles unus Iusticiar Domini Regis c. Com. Dublin Ballivis Baroniae de C. et T.H. Constabular de M. in comitatu praed salut Quia E.L. retentus in servic I.T. de M. predict sibi serviend secundum formam et effectum statuti de servientibus edit à servitio pred I.T. sine causa rationabili et licentia ipsius I. T. recessit ut dicitur ideo ex parte Domini Regis vobis et cuilibet vestrum praecipio quod praef E.L. ad praefat I.T. magistrum suum deserviend deliberar faciat West â—78 Et si hoc recusaver tunc eum gaolae Com. praedict duci faciatis quousque c. Ita quod eum habeatis coram me et socijs meis Iustic dicti Dom. Regis in Com. praed ad prox sess pacis ibid. tenend ad faciend et recipiend ea quae ei tunc et ibid. in hac parte objicientur Sigill meo sigillat dat apud Another for the same Simon Steward Knight one of the Iustices of the peace of our soveraigne Lord the King c. To the Sheriffe of the County of Dublin Dublin and also to I.B. Constable of the Towne of B. and to R.N. Bailiffe Itinerant in the same County and to every of them greeting On the behalfe of our soveraigne Lord the King I command you and every of you that you or one of you attach the bodie of W.R. of B. aforesaid Labourer so that you or one of you have him before me and the rest of my fellow Iustices of our soveraigne Lord the King in the County aforesaid at the next generall Sessions of the peace to be holden in the aforesaid County to answer aswell to our said soveraigne Lord the King as to R.C. of c. Yeoman wherefore he being lately retained in the service of the said R. at T. in the County aforesaid from the said service before the end of the terme betwixt them agreed upon without just cause or licence of him the said R. hath departed in contempt of our soveraigne Lord the King and to the great damage of him the said R. and contrary to the forme of the statute in that case provided And that you or one of you have then there this precept witnesse c. Or thus in Latine Com. Dublin Simeon Steward Miles unus Iustic c. vic Com. pred Necnon I. B. Constabular vill de B. et R. N. ballivo itineranti in eodem Com. et eorum cuilibet salutem Ex parte dicti Domini Regis vobis et cuilibet vestrum mando Cromp. 238. quod attach seu unus vestrum attach W.R. de B. pred Labourer ita quod eum habeatis seu unus vestrum habeat coram me et socijs meis Iustic dict Dom. Regis ad pacem in Com. pred conservand Necnon et assign ad prox general sessionem pacis in Com. pred tenend ad respondend tam dicto Dom. Regi quam R.C. de c. Yeoman quare in servitio ipsius R. apud T. in Com. pred nuper retentus ab eodem servitio ante finem termini inter eos concordat sine causa rationabili et licenc ipsius R. recessit in Dict. Dom. Regis nunc contemptum et ipsius R. grave damnum et contra form statut inde edit et provis Et habeatis seu unus vestrum habeat ibi tunc hoc preceptum Teste c. A warrant for one refusing to serve Roger Millisent Knight one of the Iustices of the peace of our soveraigne Lord the King c. To R.L. Bailiffe of S. in the County of Dublin Dublin greeting On the behalfe of our soveraigne Lord the King I command you that you attach the body of R.A. of S. aforesaid Labourer so that you have him before me or my fellow Iustices of the peace in the County aforesaid at the next generall Sessions of the peace to be holden in the said County to answere aswell to our said soveraigne Lord the King as to B.C. of A. c. Yeoman wherefore he the said R.A. although he were often required to serve the said B.C. in a competent service for his estate yet notwithstanding he the said R.A. hath altogether refused to serve the said B.C. in contempt of our soveraigne Lord the King and to the great damage of him the said B.C. and contrary to the forme of the statute for servants in that case lately made and provided And see that you have this warrant there witnesse c. Or thus in Latine Rogerus Millisent
such houses shall bee built and so from time to time appoint Governours or masters thereof and may make them such allowance and maintainance as they shall thinke meet And if the masters of such houses doe not every Quarter Sessions yeeld a true and lawfull accompt unto the Iustices of peace of all such persons as have beene committed to their custodie or if the said persons trouble the Countrie by going abroad or escape from such houses of Correction the most part of the said Iustices in their Quarter Sessions may Fine the said Masters and Governors as they shall thinke fit 15. In like manner by the statute of 10. Car. cap. 18. in Ireland the Iustices of peace in their open Sessions have power to enquire heare and determine the defaults of Vnder-Sheriffes Sheriffes Clerkes or the Clerkes of Under-sheriffes and the defaults of bailiffes of Franchises for not duely executing their office according to the said stat 16. So likewise by the stat made in Anno 10. Car. cap. 26. in Ireland the Iustices of peace in the Quarter Sessions with the assent of the Grand Iury have power and authority to taxe and set every inhabitant in any such County Baronie Citty Burrough Towne or Parish within the limits of their Commissions to such reasonable aide and summe of money as they shall thinke by their discretions convenient and sufficient for the new building repairing reedifying and amendment of any Bridges Causeyes and Toghers and after such taxations made the said Iustices of peace shall cause the names and summes of every particular person so by them taxed to be written in a Roll indented and shall also have power and authoritie to make two Collectors of every Baronie Cittie Burrough Towne or Parish for Collection of all such summes of money by them set and taxed which Collectors receiving the one part of the said Roll indented under the Seales of the said Iustices shall have power and authoritie to collect and receive all the particular summes of money therein contained and to distraine every such inhabitant as shall be taxed and shall refuse paiment thereof in his lands goods and chattels and to sell such distresse and of the sale thereof retaine and perceive all the money taxed and the residue if the distresse be better deliver to the owner thereof And likewise the said Iustices of the peace have power and authoritie to name and appoint two Surveyors which shall see every such Bridge Causey and Togher builded repaired and amended from time to time as often as need shall require to whose hands the said Collectors shall pay the said summes of money taxed and by them received and that the Collectors and Surveyors and every of them and their executors and administrators and the executors and administrators of them and every of them from time to time shall at the publike Sessions of the peace make a true declaration and accompt to the Iustices of peace of the Shire Citty or Towne corporate wherein they shall be appointed Collectors or Surveyors of the receipts payments and expences of the said summes of money and if they or any of them refuse that to doe that then the Iustices of peace from time to time by their discretions shall have power and authority to make processe against the said Collectors and Surveyors and every of them their executors and administrators and the executors and administrators of every of them by Attachments under their seales returneable at the generall Sessions of the peace and if they appeare then to compell them to accompt as is aforesaid or else if they or any of them refuse that to doe then to commit such of them as shall refuse toward there to remaine without baile or mainprise till the said declaration and accompt be truely made and the said Iustices have full power and authoritie to allow such reasonable costs and charges to the said Surveyors and Collectors as by their discretion shall bee thought fit and convenient 16. And likewise by another statute made in Anno 10. Carol. ca. 15. in Ireland the Iustices of peace have power in their Quarter Sessions to enquire heare and determine all and every offence and offences of plowing harrowing drawing and working with Horses Mares Gueldings Garrans and Colts by the Tayle And also of pulling the wooll from living sheepe in stead of clipping or shearing of them and to punish the offendors by Fyne and Imprisonment 17. So likewise by the statute of 33. H. 8. ca. 9. in Ireland the wages of Artificers and Labourers are to be rated twice in the yeare viz. at the Quarter Sessions next after Easter for that halfe yeare following and at the quarter Sessions next after Michaelmas for the other halfe yeare and the wages of servants which are to serve by the yeare to be rated in the Quarter Sessions next after Easter And in like manner by the statute of 13. R. 2. cap. 8. the Iustices of peace in any generall Sessions are to set rates upon victuals and to punish the victuallers which breake those Rates 18. But here M. Lambard in his fourth booke cap. 19. of the Quarter Sessions would make us to beleeve that if the quarter sessions or generall sessions of the peace be not holden at the precise times appointed by the said statute of 2. H. 5. cap. 4. but that the same be held at any other time the Iustices of peace have no power to enquire of heare determine or otherwise to intermedle with any of the matters aforesaid which are appropriated to the quarter Sessions for saith he such Sessions as are not held at the times prescribed by the said statute of 2. H. 5. are no Quarter Sessions and then all that is done before the Iustices of peace concerning the matters aforesaid in any sessions holden at any other time is coram non judice and without warrant but herein I am not of M. Lambards opinion for that the sessions named in some statutes the principall sessions in others the open Sessions and in others the generall or quarter sessions of the peace are all one and the same and are all styled by one and the same style that is generalis sessio pacis and there is not any Sessions styled by the name of Quarter Sessions although in common parlance we call them so because they are held quarterly So as those statutes which referre any thing to the principall the publick open or quarter sessions are all to be understood of that generall Sessions which is held quarterly and all those things may bee there handled although the same be not held at the precise times prescribed by the statute of 2. H. 5. as M. Lambard would have it to bee for the authority whereby the generall sessions of the peace are held is not the statute of 2. H. 5. nor any other statute but the Commission under the great seale whereby the Iustices of the peace are authorised to hold their sessions at such times and places as