commission do only tend to the maintenance of justice the roote foundation and supporter of peace And whereas the King by the words of the said Commission doth appoint the persons therin named his Iustices to preserue his peace The Commission doth chiefely respect the peace and to kéepe and cause to be kept all ordinaunces and Statutes made for the conseruation of the peace and the quiet gouernment of his people These Statuts amongst many others chiefly be intended Sta. 2. E. 3. 6. 18. E. 3. 2. 34. Ed. 3. 1. the Statutes of Anno 2. Ed. 3. 18. Ed. 3. 34. Ed. 3. by which it is ordained that Iustices of peace shall haue power to heare and determine at the Kings suit all manner of felonies Why they be called Iustices of Peace and Trespasses committed against the peace in the same County and to restraine offendors riottors all other barretors and to pursue take and chasten them to imprison and punish them according to their Trespas and offence and to informe them according to the said Iustices discretion And to inquire of all those that haue béen pillers and robbers beyond the Sea and become againe and goe wandring and will not labour as they had wont to doe And to take and arrest all those which they can find by inditement or suspition and to commit them to prison Binding persons suspected to their good behauiour And to take of all those which be not of good fame in the place where they remaine sufficient suertie and maineprise of their good abearing or behauiour towards the King and his people and the other duelie to punish To the intent that the people be not by such Rioters troubled or endammaged nor the peace broken nor any passengers by the way disturbed or put in perill But the fines which Iustices shall assesse vpon any person shall be reasonable hauing regard the quantitie of the Trespas and the cause 70 So that it appeareth both by the words of the said Commission of peace A Iustice taking suertie of the peace and also by the foresaid Statutes That a Iustice of peace by vertue of his office hath authoritie to preuent the breach of the peace both by taking suertie for the kéeping of it and for the good behauiour of the offendors And that he may do either of his owne motion or discretion or els at the request or praier of an other And by his owne discretion he may cause a common Barretor Rioter or one that maketh an affray in his presence or other person to him suspected to be inclyned to the breach of the peace 9. E. 4. 3. or men menacing one to hurt or kill an other or contending in whote words to finde suertie of the peace And he may perswade one man to require the suertie of peace against an other man and he himselfe after may graunt it for it is no more then he might haue done of his owne authoritie which suertie of the peace What the suertie of the peace is is a recognizance taken by the said Iustice of peace of the partie and his suerties to the King for the kéeping of the peace And as a Iustice of peace may take this suertie of peace or suertie of good abearing as a Iudge by vertue of his office So may he doe it as a minister by force of a Supplicauit directed vnto him out of the Chauncerie Taking suerty of the peace by a Supplicauit in which case he is then only to direct his precept to compell the partie vpon the writ to finde suertie of the peace Which Supplicauit out of the Chauncerie is sometime directed to one Iustice of peace alone sometime to moe and sometime to the Shirife and sometime to him with others And then the same Iustice or Iustices of peace or Shirife must make retorne of the said writ of Supplicauit and a Certificat of his doing into the Court from whence the same was awarded And if the said Iustice of peace shall take the said Recognizance for the kéeping of the peace by vertue of his office Sta. 3. H. 7. 1 then by force of the Statute of Anno 3. H. 7. he shall certifie sende Certificat of a Recognizance or bring the same Recognizance at the next Sessions of the peace where he is or hath bin Iustice that the party so bound may be called And if the partie make default the same then there to be recorded And the same Recognizance with the record of that default shall be sent and certified into the Chauncerie the Kings Bench or into the Exchequer Suertie of good abearing And the suertie of good abearing is granted by authority of the foresaid commission of peace by the warrant of the before rehearsed statut of 34. E. 3. aswell as the suerty of peace is it is ordained for the preseruation of the peace it doth differ in nothing frō that of the peace but that there is more difficultie in the performance of it and the party bound may sooner slide into the peril danger of it The suerty of good abearing is most commonly granted in open sessions or by two or thrée Iust of P. Or vpon a Supplicauit great cause shewed proued it is granted in the Chancery or K. Bench. And though one Iustice of peace alone may grant it if he will yet it is sildom done so 9. E. 4. 3. Kel fo 41. vnles it be to preuent some great sodain imminent enormity or danger The suerty of peace is most times taken at the request of one for the preseruation of the peace chiefely against one But the suerty of good abearing is oftentimes graunted at the suit of diuers and those must be men of credit and to prouide for the safetie of many for the effect and purport thereof is that the partie bound shall demeane himselfe well in his port behauiour and company and doe nothing that may be the cause of the breach of the peace or in putting the people in feare or trouble And it is chieflie graunted against common Barretors common rioters common quarrellers common peace breakers and persons greatly defamed for resorting to houses suspected to maintaine incontinencie or adulterie and against those that be generally feared to be robbers or spoilers of the Kings people or which doe endamage disturbe trouble Articles exhibited to haue good abearing granted or put in peril passengers by the way Co. li. 4. 14. And therefore if one doe exhibit Articles to Iustices of peace against a certaine person comprehending diuers great abuses and misdemeanors not onely touching the Petitioner himselfe but many others to the intent that the same person may be bound to his good behauiour in this case the partie so accused shall not for any matter conteined in the said Articles maintaine an action vpon the case for the party or parties who exhibited the said Articles haue pursued an ordinarie course
DnÌ„i Reg. erga ipsuÌ„ dominuÌ„ Reg. cunctuÌ„ populuÌ„ suuÌ„ precipuè erga C. D. de Twyford in comÌ„ praedicto Husbandman conseruabit ideo ex parte dicti dnÌ„i regis vobis cuilibet vestruÌ„ mando quod de arrestando imprisonando seu aliqualiter molestando praedictuÌ„ A. B. ex causa pÌ„dicta Supersedeatis quilibet vestruÌ„ Supersedeat omnio Et si euÌ„ ex dict' causa non alia ceperitis seu imprisionaueritis seu aliquis vestruÌ„ ceperit seu imprisonauerit tunc à prisona illa sâ—ne dilatione deliberari faciatis Supersedeas in the Chancery for one bound in the common plaâ—e datuÌ„ apud Hilsdon c. 22. H. 6. 59. But if a man be arrested in the common place for the suertie of peace and he is lett to baile to a certaine day at which day he doth bring a Supersedias out of the Chauncerie that he hath found suerties in the Chauncery that is not alloweable because he was by baile which is an imprisonment in law and therefore the suertie in the Chauncery will not serue And it may be that the suerties in the Chancery be not sufficient and that the King and the Court was deceiued therein And yet the common place hath no authority to take suerty of peace 2. H. 7. 1. but of the peace broken before them 81 When the partie against whom the precept is awarded to find suerties for the kéeping of the peace A Recognizance for the keeping of the peace doth come before the Iustice of peace to be bound to the peace then it resteth in the discretion of the same Iustice of peace if he deale in this cause as a Iustice of peace by force of the generall commission of peace and so as a Iudge to assigne what number of suerties he will accept to be bound with the party in what summe of money the party his suerties shall be bound to allow or disallow of the sufficiencie of those suerties to limit the time how long the party shall be bound and to determine vpon some such other circumstances touching that matter But if the same Iust of peace be commanded as a minister in the erecution of the writ of Supplicauit to take the peace of any person then he must do as the writ doth direct him which sometime is to take sufficient suertie to be bound in a summe prescribed and some other time not then it resteth in his owne discretion The most vsuall maner is for a Iustice of peace to take two suerties besides the partie himselfe to be bound by Recognizance to the King viz. Domino Regi and that must alwaies be for the kéeping of the peace The forme of which Recognizance for the kéeping of the peace is as followeth viz. Memorandum qd ' nono die Augusti Anno regni dnÌ„i nostrÌ„ Regis Iacobi dei gratia c. 5. A.B. de Padburie in Comitatu pÌ„dict ' Husbandman Buck. in ê“pria persona sua venit coram me Richardo Ingols by Milite vno IusticiarioruÌ„ dicti dnÌ„i Regis ad pacem in dicto Comitatur conseruandam assignatoruÌ„ assumpsit proseipso sub poena xx li. et D.E. H.I. de C. in Comitatur praedictur Husbandmen adtunc ibmÌ„ in ê“prijs personis suis similiter venerunt manuceperunt pro praedicto A. B. viz quilibet eorum seperatim sub poena x. li. quod idem A. B. personaliter comparebit coram Iusticiarijs dicti domini Regis ad pacem ad ê“ximam generaleÌ„ Sessionem pacis in ComÌ„pÌ„dicto apud Buck. tenendam ad faciendum recipienduÌ„ quod ei per Curiam tunc ibidem iniungetur Et quod ipse interim pacem dicti dnÌ„i Regis custodiet erga ipsum dominuÌ„ Regem cunctum populuÌ„ suum praecipue versus L.M. de O. de comitatu praedict Et quod damnum vel malum aliquod corporale aut grauamen praefatur L.M. nec alicui de populo dicti domini Regis quod in laesionem aut perturbationem pacis ipsius Domini Regis seu praefati L.M. cedere valeat quouismodo non faciet nec fieri procurabit Quam quidem summam xx l' praedict ' A.B. quilibet manucaptorum praedictorum praedictas seperales summas x. l' recognouerunt se debere dicto domino Regi de terris tenementis bonis catallis suis cuiuslibet eorum ad opus dicti domini Regis fieri leuari ad quorumcunque manus deuenerunt si contigerit ipsum A.B. praemissa vel eorum aliquid in aliquo infringere inde legitimo modo conuinci In cuius rei testimonium ego pÌ„dictus Richardus Ingolsby sigillum meum apposui Datur apud Lethenborow die Anno supradict ' And the forme of the Recognizance for the good abearing is this viz. A Recognizance for the good abearing MemoranduÌ„ c. quod ipse A. B. interim se bene geret erga DnÌ„m Reg. cunctuÌ„ populuÌ„ suuÌ„ praecipuè erga L. M. Et quod ipse non inferet nec inferri ê“curabit per se nec per alios damnuÌ„ aliquod seu grauamen pÌ„fato L.M. seu alicui de populo ipsius dnÌ„i Regis de corporibus suis per insidias insultus seu aliquo alio modo quod in laesionem seu perturbationem pacis dicti dnÌ„i Regis cedere valeat quouismodo viz. vterque praedict ' D. E. et H. I. sub poena 50. librÌ„ et praedict ' A. B. sub poena 100. librÌ„ c. And this may be done by a single Recognizance in Latin with a Condition thereunto added in English for the kéeping of the peace or the good Abearing and for the day and place of the parties apparance at the Quarter Sessions 82 A Iustice of peace who vpon his owne discretion compelleth one to find suertie of the peace vntill a certaine day may vpon the like discretion release the same before that day A Releas of the suertie of peace But if a Iustice of peace do graunt the peace at the request of an other viz. at the suit of A. and that the Recognizance be taken to kéepe the peace against A. then may the same A. only releas it and none other before the same Iustice of peace or any other Iustice that will certifie the same releas before the Iustices of peace at the next quarter Sessions for that certificat being of record will discharge it which a releas by déed can not do the suertie of peace being a Recognizance and so of it selfe a record And though the Recognizance be versus cunctum populuÌ„ precipuè versus A. yet may the same A. releas it for though it may séeme populer and that others should haue equall interest therein with A. yet as it appeareth by the word precipuè it was specially taken for his safetie But though in some case a Iustice of peace may releas the suertie of the peace in some
and suffer such pains of death losses of lands goods and cattels as if they had béen conuicted of any treasons felonies robberies or other the said offences done vpon the land without benefit of Clergie or Sanctuarie Prouided alwayes that this Act shall not extend or be preiudiciall to any person or persons for taking of any victuals Taking things vpon necessitie gables ropes anchors or sayles which any such person or persons compelled by necessitie taketh of or in any ship which may conueniently spare the same so the same person or persons pay out of hand for the same victuall gables ropes anchors or sayles mony or mony worth to the value of the thing so taken or doe deliuer for the same a sufficient bill obligatorie to bée payd in forme following viz. if the taking of the same things bée on this side the straits of Marrok then to bée payd within foure monethes and it beyond the said Straits then to be paid within twelue monethes next ensuing the making of the sayd bill And that the makers of the sayd bils well and truely pay the same debt at the day to be limited within the said bills Prouidâ—d alwayes Commissions directed into the fine ports that whensoeuer any such Commission for the punishment of the offences aforesayd or of any of them shal be directed or sent to any place within the iurisdiction of the fiue Ports that then euery such Commission shall bee directed vnto the Lord Warden of the sayd Ports for the time being or to his deputie and vnto thrée or foure such other persons as the Lord Chauncellor for the time béeing shall appoint And that when any Commission shall be directed vnto the fiue Ports for the inquisition and tryall of any of the offences expressed in this Act that euerie such inquisition and tryall to be had by vertue of such Commission shall be made and had by the inhabitants in the said fiue ports or the members therof Any thing in this Act to the contrarie notwithstanding So much of this stat as concerneth the triall of treasons is altered by the stat of Anno 1. 2. P. M. 10. and the same made triable onely by the course of the common law St. 18. E. 3. 2 12 The Iustices of peace of euery county by vertue of the K. commission to them directed and by force of the stat of Anno 18. Ed. 3. be Iudges in felonie Iust of peace Iudges in felonie and haue authoritie to heare and determine felonies the words of which stat be these viz. Two or thrée of the most worthy men of counties shal be assigned kéepers of the peace by the K. commission and at what time need shall bée the same with otherwise and learned in the law shall be appointed by the K. commission to heare and determine felonies and trespasses done against the peace in the same county and to execute punishment reasonably according to law reason and the maner of the fact And the words of the kings commission which doth authorize Iustices of peace to be Iudges of Felonie and to heare and determin felonies amongst others be these viz. Iacobus Dei gratia Angliae The words of the commission of the peace Scotiae Franciae Hiberniae Rex fidei defensor c. Praedilectis A. B. C. D. E. H. c. Salutem Sciatis quod assignauimus vos quoslibet duos vel plures vestrum Quorum aliquem vestrum A. B. C. D. vnum esse volumus Iustitiarios nostros ad pacem nostram in comitatu nostro Buckingham conseruandam ad inquirendum per sacramentum proborum legalium hominum de comitatu praedicto per quos rei veritas melius sciri poterit de omnibus omnimodis felonijs transgressionibus c. ac de omnibus singulis alijs malefactis offensis de quibus Iustitiarij nostri pacis legitimè inquirere possunt aut debent per quoscunque aut qualitercunque in Comitatu praedicto factis siue perpetratis Vel quae in posterum ibidem fieri vel attemptari contigerit c. Et ad omnia singula Felonias c. indictamenta praedicta ceteraque omnia singula praemissa secundum leges statuta Regni nostri Angliae prout in huiusmodi casu fieri consueuit debuit audiendum terminandum And though it doth plainely appeare by the words of the foresayd Commission that the King doth giue authoritie to Iustices of Peace to inquire of heare and determine all manner of Felonies viz. as well of such as bée made Felonies by Statute as of such offences as were Felonies by the Common law yet because there hath béene a scruple and question moued by some that the foresaid Statute of Anno 18. Edw. 3. did meane and was to bee expounded to giue authoritie to Iustices of Peace to inquire of heare and determine those felonies onely which were at the time of the making of that Statute felonies viz. That were felonies by the Common law and not to giue them authoritie to inquire of heare and determine those offences as felonies which were made felonies by seuerall Statutes ordained sithence that time and that the Kings Commission authorised by that Statute did giue them no further authoritie than that Statute meant Therefore not to adde to the law but to satisfie euerie reader and to make that thing more plaine and perspicuous to all men which to some did séeme doubtfull the makers of the stat of anno 8. El. 3. touching the transporting of shéepe and of the stat of anno 25. H. 8. 6. ordained against buggery and of the stat of anno 18. H. 6. 19. established to punish Souldiers that depart from their Captains without licence and of the stat of an 39. El. 4. an 1. Iac. 7. touching dangerous and incorrigible rogues and of the stat prouided an 39. El. 17. against wandering souldiers and mariners and of the stat of an 22. H. 8. 11. established against the cutting downe of powdike and of the stat of an 43. El. 13. enacted against the carrying away of any persons against their wils out of Cumberland Northumberland Westmerland or the Bishopricke of Durham did by speciall words ordaine that the I. of the peace of the counties wherein any of the foresaid seuerall offences were committed should haue authoritie at their generall Quarter Sessions to inquire of heare and determine the said offences And the like authoritie was giuen by the said seuerall stat to the Iust of Assise and Iust of Gaole deliuerie to inquire of heare and determine the said offences in the counties where the same were committed within their seuerall commissions And by the stat of an 1. E. 4. it waâ— ordained That the I. of peace of euery county St. 1. E. 4. 2 shal haue authoritie and power to arraigne and deliuer all person and persons indicted or presented befor the Sherifes Vndersherifes their Clerks Bailifs or Ministers
9 And because seruants in husbandrie labourers artificers and other persons of meane degrée should take no incouragement nor occasion to breake the peace nor weare any weapons therewith to menace threaten or terrifie others Therefore by a Statute made anno 12. R. 2. it was ordained St. 12. R. 2. 12. That no seruant in husbandrie or labourer nor seruant of artificer or victualler shall beare any Buckler Dagger or Sword vpon paine of forfeiting of the same except it be for the defence of the realme in the time of warre and then by the suruey of Arraiers for the time beeing or in trauelling with their masters or on their masters businesse And Sherifes Mayors Baylifes and Constables shall haue power to arrest all offendors against this Statute and seize the said Bucklers Swords and Daggers and kéepe them vntill the Sessions of the Iustices of peace and the same shall present before the same Iustices in their Sessions together with the names of them that did beare the same But this shall not be preiudiciall to the franchises of Lords touching forfeitures due to them By the foresaid two Statutes of 2. Ed. 3. and 12. R. 2. it doth appeare that the meaning of the makers of those lawes was not onely to preserue peace to eschew quarrels but also to take away the instruments of fighting and batterie and to cut off all meanes that may tend in affraie or feare of the people Assurances made by menace 10 As menace of life and member giueth cause of an action of trespasse to him that receiueth losse or hurt thereby intituleth the king to a fine 20. Ass p. 14 28. H. 6. 8. in like sort an obligation a release or déed of annuitie made and granted by menace are voidable by the law so that the same menace be of life member or libertie viz. of some hurt to be done to his body by death maiheming or imprisonment and not to his lands or goods for if A. will menace B. that if he will not make him an obligation of xx l that then he wil disseise him of such land 7. Ed. 4. 21. 4. H. 4. 2. 39. H. 6. 51. or dispossesse or take from him such goods in this case if B. doe make and deliuer the said obligation of xx l to A. in an action of debt brought by A. against B vpon the said obligation B. shall not auoyd this obligation in respect of this menace because this menace did not tend to the hurt of the person of B. but to preiudice him in his lands or goods for the redresse and recouerie whereof the law would haue giuen B. a sufficient remedie if A. should haue done him the wrong which he menaced And he that will take an aduantage to auoid his déed by menace must in this plea expresse Fitz. Dures 13. how and in what sort the other partie did menace him viz. that he drewe his sword against him and threatened to kill him if he would not seale and deliuer such an obligation release annuitie c. If A. doe menace B. in one countie that he will kill or maihem him 33. H. 6. 24. 2. H. 5. 10. if hee doe not seale him an obligation of xx l or stand to the arbitrement of C. in a cause depending in question betweene them And after B. beeing at libertie in another countie doth seale the same obligation or doth stand to the arbitrement of C. this obligation or arbitrement is void for it shall be intended to bee done by force of the first menace And if A. doe menace B. that he wil kil him imprison maihem or beate him if he doe not make an obligation of xx l to C. 39. H. 6. 36. Co. li. 2. 9. if in this case B. do become bound by obligation to pay vnto C.xx l. in an action of debt brought vpon this obligation by C. against B. the same B. may auoid this Obligation which he made by this menace of A. though the menace was made by one man the Obligation was made to an other for that the menace was the cause of the making of this Obligation which the law doth respect and punish and not only the partie to whom the Obligation was made 11 Assault batterie be for the most part an accomplishment of that which menace did threaten a performance by déedes of that What is assault and batterie which the other forewarned by words that is to say a violent forcible abusing or attempting to abuse by blowes and stripes the person of an other contrary to the peace of the Realme and the law of the same which hath ordeined that no person shall be Iudge or reuenger of his own wrong but leaue that to the censure of the law that is alwaies readie to heare redresse euery mans iust complaints for he that doth attempt to assault or beat an other to satisfie his own turbulent spirit or to reuenge his owne priuat iniurie doth as much as in him lieth to wrest the sword of gouernmēt out of the K. hands to take from the law her equal censure in justice to make himself both Iudge executioner in his own cause because this disordered person contemning the justice of the Law hath assaulted or beaten an other without warrant of law broken thereby the peace of the realm the law hath deuised a quiet peaceable course to reduce him again to order in punishing him by an action of Trespas of assault batterie wherin being conuicted he shal satisfie the party grieued his damages pay to the K. a fine his body shal be committed to prison vntill he hath satisfied it Though the party menaced shall not haue his remedy by action of Trespas vnlesse the same menace was of life member and also that the party menaced receiued some losse or preiudice therby in his liuelyhood or estate for that the menace the hurt which the party doth receiue thereby being ioyned together do make the trespas giue cause of the action of Trespas Yet in an action of Trespas of Assault battery where it is proued found that the offendor did make an assault only as one did strike at an other with a hatchet but did make no batterie or hurt the person of any other it is otherwise for séeing assaulting doth tend to the breach of the peace 22. Ass p. 60 42. Ed. 3. 7. 40. Ed. 3. 40. 6. H. 7. 1. he that maketh an assault doth his indeuor to hurt the law doth giue to him that is assaulted an action of Trespas to recouer his damages to the K. a fine for by the assault the party assaulted is put in feare euill handled hindred of his busines And if he be diuers times assaulted 45. E. 3. 24. he may haue one action of Trespas for all those assaults shall recouer damages according to the number and grieuousnes of them And
at which sessions the said person vpon his reconciliation repentance before the said Iustices at the said sessions shall be deliuered out of prison vpon sufficient surety of his good abearing and behauiour to be then and there taken by the said Iustices for one whole yeare then next ensuing as by the discretion of the said Iustices then and there being or of the more part of them shall be thought conuenient And if the said person will not be reconciled and repent at the said quarter sessions then he shall be further committed to the said Gaole by the said Iustices there to remaine without baile or mainprise Rescuing the offendor or disturbing the arrest vntill he shall be reconciled and be penitent c. And if any person or persons of their owne authoritie willingly and vnlawfullie doe rescue any offendor so apprehended or will disturbe the said offendor to be apprehended then euery of the said Rescuers or disturbers shall suffer like imprisonment as is aforesaid and further shall pay for euery of his offences v. l. to the Quéene The punishment of the Town where the offendor dothe scape If any of the offendors aforesaid be not apprehended in time conuenient but doe escape then the said escape shall be lawfully presented before the Iustices of peace at the next quarter sessions c. and the Inhabitants of the parish where the said escape was suffred shall forfeite to the Quéene c. for euery such offence v. l. to be leuied and taken as other like amerciaments and fines be leuied vpon any village hundred or towne for the escape of any murderer or other felon for not making pursuit vpon huy and cry according to the Statute of Winchester and the statute of 3. Punishment by Ecclesiasticall laws H. 7. 1. This Act shall not extend to take away the authority and punishment of the Ecclesiasticall lawes standing in force for the punishment of any of the offences aforesaid But they shall be vsed in euerie thing as though this act had neuer ben made Whatsoeuer person offending in the premisses shal for any the offences afore recited receiue punishment of the Ordinary hauing Testimoniall thereof vnder the said Ordinaries seale shall not for the said offence eftsoones be conuicted before the Iustices Eté conuerso 27 To the intent vtterly to take away all quarreling brawling fraying and fighting openly in Churches and Churchyards by a statute made An. 5. 6. E. 6. it was ordained Sta. 5. 6. E. 6. 4 That if any person whatsoeuer doe by words only quarrell Chiding in a Church or Churchyard chide or brawle in any Church or Churchyard Then it shall be lawfull to the Ordinary of the place where the offence is done and proued by two lawfull witnesses to suspend him being a Layman ab ingressu Ecclesiae and being a clerke from the Ministration of his office so long as he thinketh méete Smiting in a Church or Churchyard according to the fault And if any person or persons shall smite or lay any violent hands vpon any other either in any Church or Churchyard then ipso facto euery person so offending shall be déemed excommunicat and be excluded from the fellowship and company of Christs congregation And if any person shall maliciously strike any person with any weapon in any Church or Churchyard Drawing or smiting with a weapon in a Church or shall draw any weapon in any Church or Churchyard to the intent to strike an other with the same weapon then euery person so offending and thereof being conuicted by verdict of xij men or by his owne confession or by two lawfull witnesses before the Iustices of assise Iustices of oyer and determiner or Iustices of peace in their sessions shall be adiudged by the same Iustices before whom such person shall be conuicted to haue one of his eares cut off And if the person or persons so offending haue none eares whereby they should receiue such punishment as is aforesaid Then he or they to be marked and burned in the chéeke with an hot yron hauing the letter F. whereby he or they may be knowne and taken for fray makers and fighters and besides that euery such person to be and stand ipso facto excommunicated as is aforesaid 28 As the law hath alwaies had a principall and most speciall regard that there should be no breach or disturbance of the peace to those persons places and tymes which be dedicated and deuoted to the seruice of God to the Ministration of his Sacraments and preaching of his worde So hath she a secondarie respect that the King the head of the Realme and chiefe fountaine of peace may haue tranquillitie and peace at the time and in the place where he doth rest and in person make his aboade whereupon by a Statute made Anno 33. H. 8. it was enacted Drawing of bloud within the Kings pallace That if any person shall maliciously strike any other person Stat. 33. H. 8. 12. whereby bloud shall be shed in any of the Kings houses or pallaces or in any other house where the Kings Maiestie his heires c. â—â—â—t be at that tyme abiding in his royall person viz. within any edifices courts places gardens orchards or houses within the Porters warde of any the houses aboue rehearsed or within any gardens priuy walkes orchards tilt-yards woodyards tennis playes cockfights bowling allies neare adioyning to any of the houses aforesaid and being part of the same or within 200. foote of the standard of any outward gate or gates of any of the said houses commonly vsed for passage from any of the houses c. and shall be thereof indicted arraigned and attainted according to the Statute in that case prouided he shall haue his right hand stricken off be imprisoned during his life and make fine to the King at his pleasure But this act nor the paines and forfaitures before rehearsed shall not extend to any Noble man or other person that shall strike his seruant within the said pallaces or houses or the limits of the same with his hand or fist or any small staffe or sticke for correction for any offence committed Nor to any of the Kings officers that in executing his office shall strike any person with his hand or fist or small staffe sticke or tipstaffe Nor to any other person that in doing seruice at any triumphe or any other time of seruice by the King or any of his Councell or other his head officers commaundement shall for the executing of his said seruice strike any person with his hand fist small staffe or sticke or any tipstaffe within the same pallace house c. although by reason of the same stroake or stroakes there happen to be any bloud shead of such person as shall be so striken except the person so stricken dye of the same stroake within one yeare next after Long time before the making of this statute King Alured ordeined a law
to the plaintife was of the plaintifes owne assault and in defence of the defendant Iustifiing in his owne defence And likewise it is a good plea in barre in an appeall of maihem for the defendant to plead the plaintifs release made vnto him after the supposed offence done of all actions personals or of all actions The plaintifes release or of all appeales or of all demaunds for in this case the plaintife is but to recouer dammages 7. H. 4. 30. 66 If an appeal of maihem be brought against diuers Execusion in appeal of maihem one of them doth appeare in court and confesse the maihem and is committed to the Marshalsea and the plaintife hath iudgement against him he can not sue against the residue vnlesse he will suffer him that hath confessed the maihem to goe at liberty for if he hath iudgement and the body of him who confessed the maihem to remaine in prison that shall be an execution for this whole maihem 67 The Sages and Iudges of the land in former ages did hold it for law An action of Trespas after an appeal of maihem that if one doe assault Fitz. Coron̄ 110. 22. Ass p. 82 beate and maihem an other and the partie maihemed doth bring an appeall of maihem against the offendor and recouer dammages against him yet after he may haue an action of Trespas of assault and battery against the same offendor and recouer dammages for his beating and the recouerie of dammages in the appeal of maihem shal be no plea in barre against the plaintife for the appeal doth only medle with the maiheming not with the beating But if the plaintife do bring an appeal of maihem in the Kings bench 43. Ass p. 39 and after apparance be nonsuit in the same and then doe bring an action of Trespas of assault and batterie for the same fact Then the defendant may plead the same appeal and nonsuit in barre against the plaintife and it is a good plea. 41. Ass p. 16 Co. Lib. 4. 43. But of late yeares viz. An̄ 31. Eliz. it was adiudged that in this and all cases when the plaintife for one wrong and iniurie is but to recouer dammages he shall not be for that cause satisfied twice for one offence And in these two actions of appeal of maihem and trespas the plaintife shall onely recouer dammages And therefore it was adiudged a good plea in barre in an appeal of maihem to plead that the plaintife had before brought an action of Trespas against the defendant of assault battery wounding and had recouered dammages therein and to auerre that the same assault batterie and wounding and this maiheming were all one offence 68 As the law hath prouided remedies to punish those who by menace Restraint of affraies by Iustices of peace assault battery imprisonment or maiheming do breake the peace So hath it alwaies had a vigilant eie by anticipation to preuent many others that would breake the peace by any of the meanes aforesaid and therefore hath from age to age appointed méet magistrates and watchmen to whose charge specially as selected Sentinels she did commit the preseruation of the peace who in times past before the raigne of King Edward the third were called Conseruators of the peace Stat. 1. E. 3. 26. and sithence they haue béen termed Iustices of peace because they be Iudges of record or otherwise they be named Commissioners of the peace because they haue and deriue their authority by the Kings Commission who him selfe being the chiefe and generall Conseruator and Preseruer of the peace throughout all his Dominions doth by his seuerall Commissions commit some particles of his authoritie touching the continuance of the peace and maintenance of certaine of his Lawes to some chiefe and select men in all the parts of the Realme whom he taketh to be the most méete men for the same in respect of their integritie wisdome learning courage and liuelyhood The forme of so much of which Commission as toucheth the Peace and good Abearing is this Iacobus c. praedilecto fideli Conciliario nostro Thomae domino Elsmere domino Cancellario nec non praedilectis A.B.C.D.E.F.G. H.I.L.M.N.O.P. c. The Commission of the Peace Sciatis quod assignauimus vos coniunctim diuisim quemlibet vestrum Iusticiarios nostros ad pacem nostram in Comitatu nostro buck conseruand ' ac ad omnia ordinationes Statuta pro bono pacis nostrae ac pro conseruatione eiusdem pro quieto regimine gubernatione populi nostri aedita in omnibus singulis suis articulis in dicto comitatu nostro tam infra libertates quam extra iuxta vim formam effectum eorundem custodiend ' custo dire faciendum Et ad omnes contra formam ordinationū vel Statutorum illorum aut eorum alicuius in comitatu praedicto delinquentes castigandū puniendum prout secundum sormam ordinationū Statutorū illorum fuerit faciendum Et ad omnes illos qui alicui vel aliquibus de populo nostro de corporibus suis vel de incendio domorū suarum minas fecerint ad sufficientē securitatem de pace vel bono gestu suo erga nos populum nostrū inueniendam coram vobis seu aliquo vestrum venire faciendum Et si huiusmodi securitatem inuenire recusauerint tunc eos in prisonis nostris quousque huiusmodi securitatem inuenirent saluo custodire faciendum Et ideo vobis cuilibet vestrum mandamus quod circa custodiam pacis ordinationum Statutorum omnium singulorum caeterorum praemissorum diligenter intendatis Et ad certos dies loca quae vos vel aliqui duo vel plures vestrū vt praedict ' est ad hoc prouideritis super praemissis faciatis inquisitiones premissa omnia singula audiatis terminetis ac ea faciatis expleatis in forma praedicta factur̄ in de quod ad Iusticiam pertinet secundū legem consuetudinem Regni nr̄i Angliae saluis nobis amerciamentis alijs ad nos inde spectantibus 69 And though there be many other offences mentioned in the said commission which the Iustices of peace are by force of the said Commission to enquire of heare and determine and to punish the offendors therin according to the lawes and Statutes of the Realme Yet as it appeareth by the words of the said commission the same hath his chiefe care and respect of the peace to the preseruation thereof And to the intent that the said Iustices or commissioners should the better remember and respect their charge and dutie they are called Iustices or commissioners of the peace and not commissioners of justice of conscience or equitie c. And so their names together with their offices and duties be in a sort written in their foreheads And the restraining or punishment of all the other offences mencioned in the said
of Iust nothing was attempted but the reformation of the mans conditions and to haue the peace and good behauiour continued The suertie of good abearing in other cases then for the peace And though this suerty of good abearing is chiefely prouided for the continuance of the peace yet by force of seuerall Statutes it is also grauntable in some other cases St. 10. E. â— 3 As if the King do graunt to any person a charter of pardon of any felony then he shall come within thrée Monthes before the Shirife and Coronors of the same Countie where the felony was done finde sixe sufficient Mainpernours for whom the said Shirife and Coronors will answere that he from thenceforth shall beare him selfe well and lawfully Sta. 1. M. 3 And if any man disturbe a Preacher in his Sermon he shall be bound to his good abearing for one yeare St. 3. Iac. 19. 5. El. 21. And he shall be bound to his good abearing for seauen yeares who doth vnlawfully hunt and steale deare or conies or take away wrongfully any haukes or haukes egges or shall vnlawfullie distroy or breake the head or damme of any pond poole moate stagne or stew whereas fish are put or shall wrongfully fish in any of them to the intent to steale or take away any of them against the will of the owner or possessor of the same not hauing lawfull authoritie so to doe And he shall be bound with two sufficient suerties in CC. Sta. 23. El. 1. l. to the good behauiour which doth absent himselfe from the Church by the space of twelue moneths c. 71 Because it appeareth by the words of the foresaid commission of peace that the said Iustices of peace shal cause al those to finde suerty of peace which doe threaten any of the Kings people to hurt them in body or to burne their houses For whom against whom the suertie of peace is to be graunted Therefore all lay persons vnder the degrée of Lords or Péers of the Realme and also Ecclesiasticall persons if they be not attendant vpon diuine seruice may be arrested to finde suerty for the peace And if the husband do threaten to kill his wife or outragiously to beate her or that she hath any notorious cause to feare that he will doe so Fitz. Nat. Bre. 80. 239. she may demaund the suertie of the peace against him and she shall haue it graunted And in like sort and for the like causes may the husband demaund suertie of the peace against his wife in which case shée her selfe shall not be bound but others shal be bound for her And a Iustice of peace vpon his owne discretion may in either of the foresaid cases grant suertie of peace And one Iustice of peace may vpon his owne discretion or at the request of an other graunt the suertie of peace against an other of his felow Iustices of peace of the same county And one Iustice of peace may demaund suertie of peace of an other of his fellow Iustices against an other man A man attainted of Treason or Felony or in a Praemunire A man attainted An Heretike A Dumb man An Enfant A Villeine or abiured or conuict of Heresie a dumbe man or an Enfant within the age of xiiij yeares may demaund ought vpon cause to haue suertie of peace And so may a Villeine haue suertie of peace against his Lord least that his Lord should maihem him the Lord may haue suertie of peace against his villein A dumbe man or an Enfant aboue the age of xiiij yeare may also be inforced to find suerties for the kéeping of the peace but then themselues are not to be bound but some others for them Or else they must be committed to prison vntill they can find suerties A Iustice of peace cannot graunt suertie of peace against a Baron of the Realme nor any other aboue the degrée of a Baron A Baron But the party who would haue the peace against him must bring him by Subpoena into the Chauncerie Fitzh Subpoena 20. there he must be bound to the peace A man that is frantike shall not haue the suertie of peace of his owne demaund A mad man because he hath not discretion to request it But a Iustice of peace vpon his own discretion may bind an other to kéepe the peace against him if he sée cause thereof Neither shall he who is a Alien borne no Denizen An Alien nor in friendship with the King the Realme haue suertie of peace graunted him 17. Ed. 4. 4. 72 If a man do threaten an other to imprison him the partie threatned shall not haue the suertie of peace against him that did so menace him Vpon what cause the suertie of peace is to be graunted for that after he is imprisoned he may haue against the other a Homine replegiando or an action of false imprisonment and recouer damages so be recompenced for his imprisonment But if one man do threaten an other to beate him the partie threatned may haue the suertie of peace against him for that beating may tend to the maiheming or killing of him which the suertie of peace might haue preuented If a man do feare that an other will kill him maihem him hurt him in bodie or burne his house or procure or cause the same to be done and will come before a Iustice of peace Fitz. Na. B. 79. take his corporall oath to that effect the Iustice of peace is to graunt him the suertie of peace against the man complained of for that may satisfie the conscience of the said Iustice that the partie doth complaine vpon méere feare and not vpon malice or vexation And though the partie against whom the peace is demaunded may séeme to the Iustice of peace to be a simple person weake féeble impotent or far vnable to incounter by force and strength with him that demaundeth the suertie of peace yet he may procure or cause the other to be slaine maihemed beaten or his house to be burned And further if the party that doth complaine and desiâ—eth the suertie of peace will sweare that he doth feare where indéed he neither doth feare nor hath cause of feare yet his oath doth therein discharge the conscience and oath of the Iustice of peace And the whole fault if any be shall be iustly imputed to the complainor 73 And whereas the words of the kings Commission be Suertie of peace inioyned by word or writing That the said Iustices of peace shal cause all those to find suertie of peace which do threaten any of the kings people to hurt them in bodie or to burne their houses It is to be obserued that in some cases a Iustice of peace may by his owne word only cause suertie of peace to be found sometime he must do it by writing As if one man do in the presence hearing
County that he will so that he dwell within a conuenient distance and not too farre from the parties owne habitation But if a Supplicauit of the peace be directed to the Iustices of the peace the Iustice to whom the writ is first deliuered shall only make the precept to apprehend the partie to find suerty of the peace and that precept shall be retornable before him only and he only shall take the suerties and only make the retorne without the others Co. lib. 5. 59 And a Iustice of peace may if he will make a warrant to the Constable to bring the partie before himselfe 5. Ed. 4. 12. 76 If a Iustice of peace doe direct his warrant to the Constable A warrant to find suertie to keepe the peace or some other to cause A.B. to finde suerties to kéepe the peace The same Constable or c. must first require the same A.B. to find suerties to kéepe the peace and if he doe refuse it then he may arrest the same A. B. for if A. B. will finde suerties then the said Constable may not arrest him because the purport of the precept is performed which is if he refuse so to doe that then he shall conuey him to the Gaole And if the Constable shall arrest A. B. after that he hath found suerties according to the precept the same A. B. may haue an action of false imprisonment against him for that he hath arrested and imprisoned him without warrant or cause And likewise if the Constable do arrest A. B. and doe not carrie him before some Iustice of peace 5. E. 4. 6. to find suerties to kéepe the peace or if he resist or refuse so to doe then if he doe not carrie him to the Gaole A.B. may haue an Action of false Imprisonment against the Constable The partie must offer his suerties And when the partie commeth to the Iustice of peace by force of a warrant he must offer suerties to the Iust of P. or else he may commit him to prison 14. H. 7. 5. for the Iust néedeth not to demaund suertie of him Suerty of the peace dieth with the king 77 The suertie of peace is discharged by the kings death 1. H. 7. 1. for the band is to obserue the peace of the King and when he is dead it is not his peace So doth the death of the recognisor so doth also the death of him at whose suit it was taken discharge the suertie of the peace if in those cases it were not forfeited before The Iustices authoritie dieth with the King And in like sort when the King by his commission doth appoint Iustices of peace and after dieth or giueth ouer his crowne the Authoritie of the same Iustices doth cease for he maketh them Iusticiarios suos and therefore when he dieth their authority endeth The suertie for the peace must be named 78 When a Iustice of peace doth take suerties for the peace 2. H. 7. 4. it is not sufficient to say that I. N. hath found sufficient suertie for the peace without naming the names of the suerties but he must name their names and surnames He that is vound to the peace must appeare c. 79 If a man doe finde suerties to kéepe the peace 39. H. 6. 26. and hath day vntill a time prefixed he must appeare the same day although he who demaunded the peace doe not appeare or otherwise he shall forfeit his band But it is otherwise where a suit is betwéene party and party and the defendant being taken by a Capias is bound to appeare vpon a day appoynted 80 When the suertie of peace is graunted against a man by a Iustice of peace he will sometime rather desire to be bound to the peace by an other Iustice then by him that graunted the same and made the warrant And therefore he may offer himselfe to become bound to the peace to some other Iustice of peace of that County if he will A Supersedeas for the peace then procure a Supersedeas from that other Iustice before whom he is bound to all other Iustices of that Countie to be discharged of any other arrest to be made of him for the law doth not require that he should be seuerall times bound for one cause And this Supersedeas is sufficient although it neither name the suertie nor contein the summes wherin they are bound but yet it is a better forme to expresse them both as the Chauncerie and Kings Bench doe And when a man doth heare of such a precept awarded or granted against him by a Iust of peace of the County where he dwelleth he may go eyther giue suertie of the peace in the K. Bench or els in the Chancery thereupon may procure a Supersedeas from the court where he is bound to restrain the Iust of peace of the County to take any suertie of peace of him And then the Iustices of peace of that County must forbeare to make any warrant for the peace against the partie and if any of them haue awarded it A precept awarded by force of a Supplicauit he must make a Supersedias to discharge it But a Iust of peace of the county by a Supersedeas cannot discharge a precept that is awarded by his felow Iust by force of a Supplicauit directed to him out of the Chancery or the K. Bench to take the suertie of peace of one resident in that County If any officer hauing a warrant from a Iust of P. to arrest a man to find suerty of the peace shall receiue a Supersedeas out of the Chancery or the Kings Bench or from any Iustice of the Kings Bench or from any Iustice of peace of that County where he is commorant to discharge the same suerty of peace wil neuertheles vrge that partie against whom the same warrant is granted to find new suertie for the peace he may refuse to giue it And if the said officer will therupon vnder the color of his warrant commit him to prison the party imprisoned may haue an action of false impris against him for the the said warrrant is discharged by as great authoritie or greater as it was made and the thing for the which it was made is effected The forme of which Supersedeas graunted by a Iustice of the peace is this viz Thomas Denton Miles Buck. vnus Iusticiariorum dn̄i Regis nunc ad pacem in Comitatu p̄dicto conseruandum assignatur Vicecomiti comitatus praedicti A Supersedeas for the peace Nec non cibus singulis Balliuis Constabularijs ceterisque dicti dn̄i Regis ministris tam infra libertates quam extra in eodem Con̄i Salutē Quia A. B. de Poundon in com̄ praedict ' Laborer venit corā me in venit sufficientē securitatur qd'ipse comparebit ad proximā generalē Sessionē pacis in com̄ praedicto tenend ' Et quod ipse interim pacē dicti
Regis nunc ad pacem in Comitatu praedicto conseruandam A precept to the Shirife to returne a Iurie to inquire of a Riot nec non ad diuersas felonias transgressiones et alia malefacta in eodem Comitatu audiendum terminandum assignati vicecomiti Comitur praedicti salutem Ex parte dicti Domini Regis tibi praecipimus firmitèr iniungentes quod non omittas ê“pter aliquam libertatem in Balliua tua quin eam ingrediaris venire facias coram nobis apud Cauluerton in Comitatu praedicto 10. die huius mensis Ianuarij 24. ê“bos legales homines Comitatur praedicti quorum quilibet habeat terras tenementa infra dictuÌ„ Comitatum liberi tenementi per chartam ad valoreÌ„ viginti solidorum aut per Copiam Rotulorum curie ad valorem 26. s. 8. d. aut de vtroque vltra omnes reprisas ad inquirendum pro dicto dnÌ„o Rege de quodam Riotto apud C. in comitatu pÌ„dicto nuper commisso vt dicitur qd'suê‘ quemlibet IuratoruÌ„pÌ„dictoruÌ„ tunc returnes in exitibus xx s. Et hoc nullatenus omittas sub pena xx.li. quam noueris te incursurum si in executione pÌ„missorum tepidus seu remissus fueris Et habeas ibi hoc praeceptum Testibus nobis pÌ„fatis H.L. W. A. quarto die Martij AnÌ„ regni dnÌ„i nostrÌ„ Regis Iacobi dei gratia c. tertio And when the Shirife hath returned his precept at a day and place then two Iustices of peace at the least without the Shirife who is not to sit vpon the Inquisition are to make enquiry by the same Iury returned the forme of which Inquisition is this Buck. Inquisitio pro Domino Rege capta apud Wynslowe in Comitatu praedicto primo die Octobris Anno Regni dicti domini nostri Regis Iacobi c. quinto coram Roberto Dormer milite Anthonio Tiringham milite adtunc Iusticiarijs dicti Domini Regis ad pacem in Comitatu praedicto conseruandam necnon ad diuersas felonias c. assignatis super sacramentum A. B. C. D. E. F. G. c. The forme of an inquisition of a Riot Qui dicunt super sacramentuÌ„ suum quod H. I. K. L. M. N. de Addington in Comitatu praedicto husbandmen c. simul cum alijs malefactoribus pacis dicti Domini Regis perturbatoribus ignotis ad numerum decem personaruÌ„ vi armis modo guerrino arraiati viz. cum gladijs Bacculis Arcubus Sagittis vicesimo die Septembris Anno quinto supradicto inter horas septimam vndecimam ante meridiem eiusdem diei domum mansionalem cuiusdam S. T. de Wynslowe praedictur fregâ—runt intrauerunt in ipsum S. T. adtunc ibidem insultum fecerunt ipsum verberauerunt vulnerauerunt maletractauerunt ita qd ' de vita cius desperabatur in magnam perturbationem pacis dicti domini Regis populi sui terrorem ac contra formam statuti de Riotis Routis illicitis congregationibus in parliamento domini Henrici nuper Regis Angliae quarti Anno regni sui decimo tertio aediti St. 13. H. 4. 7 10 By the foresaid Statute of 13. H. 4. it is moreouer established that if the truth cannot be found in maner aforesaid then within a Moneth next after the same Iustices thrée or two of them and the said Shirife Certifying a Riot or Vndershirife shall certifie before the King and his Councell of the whole fact and the circumstances thereof which certificat shall be of the same force that a presentment by twelue men is Vpon which certificat the said trespassors and offendors shall be put to aunswere and they which shall be found guilty shall be punished by the discretion of the King and his Councell And if the same trespassors and offendors do trauerse the matter so certified Trauerse of a Certificat the same certificat and trauerse shall be sent into the Kings Bench there to be tried and determined according to the order of the Law St. 13. H. 4. 7 11 The same Statute of 13. H. 4. hath also prouided that if the said trespassors and offendors do not come before the King and his Councell Proces against offendors or into the Kings Bench at the first precept then an other precept shall be deliuered to the Shirife of the Shire to take the said trespassors and offendors if they may be found and to bring them at a certaine day before the King and his Councell or into the Kings Bench And if they cannot be found the Shirife or Vndershirife shall make proclamation in his full Countie next insuing the said second precept that they shall appeare before the King and his Councell or in the Kings Bench or in the Chauncerie in the time of vacation within thrée wéekes then next following And if the offendors do not appeare as is aforesaid and the proclamation be made and returned they shall be attainted and conuicted of the Riot Assemblie and Rout aforesaid St. 13. H. 4. 7 12 By the said Statute of 13. H. 4. it was lastly enacted The forfeiture of the Iustices which do not inquire of Riots that the Iustices of peace which dwell néerest in euery County where such Riot of people shall be together with the Shirife or Vndershirife of the same Coâ—ntie And also the Iustices of assise for the time that they shall be in their Sessions in case any such Riot assemblie or Rout be made in their presence shall doe execution of this Statute euery one vpon paine of C. li. to be paied to the King as often as they shall be found in default of execution of the same Statute 13 Because it was not prouided by the foresaid Statute of 13. H. 4. A commission to inquire of the Iustices c. default that the partie grieued should haue any other remedie if default should be in the said Iustices Shirife or Vndershirife where such Riot assemblie or rout should be made nor at whose costes the same riot should be repressed neither was it limitted what punishment the parties attainted of such Riots should suffer St. 2. H. 5. 8. Therefore by an other Statute made Anno 2. H. 5. it was established That if default be found in the said two Iustices of peace or Iustices of Assise and the Shirife or Vndershirife of the Countie where such Riot assemblie or rout shall be made touching the execution that they ought to make by vertue of the said statute of 13. H. 4. and whereof the said Statute maketh mention Then at the instance of the partie grieued the kings commission shall be awarded vnder the great Seale to inquire aswell of the truth of the case and of the originall matter for the partie complaynant as of the default or defaults of the said Iustices Shirife or Vndershirife in this behalfe supposed to be directed to sufficient and indifferent
of the same that first there ought to be awarded a Venire facias against the offendors and if they do not appeare then a Capias for the words of the Statute be if they do not come before the King and his councel or into the Kings Bench at the first precept then another precept shal be deliuered to the Sherife to take the said offendors c. And this proces must be returned before the Kings councell or in the Kings Bench but if there be awarded against the offendors a Subpena or a priuie seale it shall be void St. 13. H. 4. 7 30 Notwithstanding the said Statute of 13. H. 4. The penaltie of C. l. for not executing this Statute hath inflicted a penalty of C. l. vpon the next Iustices of the county where such riot shal be committed if the execution of that Statute be not done yet if other Iustices of the same county do performe that office then the next Iustices shall be excused and the same penaltie shall be saued for the Statute doth wholy or chiefly respect that the offendors shal be arrested or disturbed their offences inquired of recorded and punished and by that meanes the peace preserued for all the Iustices of peace within the commission how farre off soeuer they dwel so that they dwel within the said countie if they haue notice of such a riot rout or vnlawfull assemblie ought to enquire of it to record it and to suppresse it or otherwise they may be fined by the Lords in the Star chamber though the penaltie of one C. l. shal be inflicted onely vpon the two next Iustices for that they are intended most likely and soonest to haue knowledge of it But if the Sherife or Vndersherife should not come to the Iustices béeing sent for to assist the same Iustices and to further the repressing of that riot and the performance of that seruice then all the said Iustices dwelling néere or remote shal be excused of the same penaltie of C. l. or any other for the said statute doth giue him equal authoritie and as it were ioyne him in commission in the copulatiue with them St. 13. H 4. 7. 31 It appeareth by the said stat of 13. H. 4. Trauerse to an Inditement of Riot that if the offendors trespassors do trauerse the matter certified by the Iustices of peace to the King his councell the same certificat and trauerse shal be sent into the K. Bench and there be tried determined according to the law And in like sort if the trespassors offendors do trauerse the matter found by Inquisition before the Iu. of peace in the countie the same Inquisition shal be sent to the Iustices of peace at the next Quarter Sessions of the same countie city borough or towne corporat hauing Iustices of Peace within themselues there the trauerse shal be tried and determined according to the Law the forme of which trauerse taken in a towne corporat is this Alià s scilicet ad Sessionem pacis tentam apud Buckingham in comitatu praedicto die Lune proximo post festum Sancte Trinitatur Anno regni dnÌ„i nrÌ„i Regis Iacobi dei gratur Angliae c. secundo coram Iohanne Nichols generoso Balliuo Burgi parochiae de Buckingham praedicta Francisco Fortescue milite Thoma Denton milite Richardo Ingolsbie milite Willihelmo Androwes milite Roberto Iohnson milite Paulo Risley armigero A trauerse to an InditemeÌ„t of riot Simone Lambard generoso alijs socijs suis Iusticiarijs dicti domini Regis ad pacem in dicto Burgo parochia conseruandam necnon ad diuersas felonias transgressiones alia malefacta in eisdem Burgo parochia perpetrata audienda terminanda assignatis per sacramÌ„ duodecem Iuratorum extitit presentatum Quod A.B.C.D.E.F. de Galcot cum diuersis alijs malefactoribus pacis dicti Domini Regis perturbatoribus modo guerrino arraiati vniti assemblati vicesimo die Maij hora quarta post meridiem eiusdem diei Anno eiusdem domini Regis nunc secundo vi armis viz. baculis gladijs pugionibus falcastris alijs armis tam inuasiuis quam defensiuis apud Prebend-end in Buckingham praedicta clausum cuiusdam L. M. vocatum Bone-hill close illicitè riotosè routosé fregerunt intrauerunt decem carractatas seni ad valenc ' quatuor librarum de bonis catallis dicti L. M. adtunc ibidem iniuste illicite ceperunt asportauerunt contra pacem dicti domini Regis contra formam statuti inde editi prouisi Per quod praeceptum fuit Iohanni Crooke subballiuo quod non omitteret propter aliquam libertatem c. quin venire faceret eosdem A.B.C.D.E.F. ad respondeÌ„dum c. Posteaque scilicet die Lune proximo post festum sancti Michaelis Archang ' anno regni domini Regis nrÌ„i Iacobi secuÌ„do coraÌ„ praefatis Iusticiarijs veneruÌ„t pÌ„dicti A.B.C.D.E.F. in proprijs personis suis habito auditu Indictamenti pÌ„dicti seperatim dicunt quod ipsi non sunt inde culpabiles Et de hoc ponunt se super patriam Et H. I. qui pro domino Rege in hac parte sequitur similiter Ideo veniunt inde Iuratur coram Iusticiarijs dicti dnÌ„i Regis ad pacem in Burgo parochia pÌ„d conseruandam assignatis c. ad Sessionem pacis apud Buck. pÌ„d die Lune proximo post Epiphaniam dnÌ„i tunc proximo futuro teneÌ„dam Et qui c. Ad recog c. Quia tam c. Idem dies datus est tam praefato H. I. qui sequitur ê“ DnÌ„o Rege quam pÌ„fatur A.B.C.D.E.F. Ad quas quidem Sessiones pacis tentas apud Buck. pÌ„d in comÌ„ pÌ„d dicto die Lune proximo post festum Epiphaniae domini Anno regni dicti Regis dnÌ„i nostri Iacobi tertio coram dicto Balliuo dictis F.F.T.D.R.I. socijs suis Iusticiarijs dicti DnÌ„i Regis ad pacem in dict' Burgo parochia conseruandam necnon ad diuersas felonias transgressiones alia malefacta in eodem Burgo parochia perpetrata audienda terminanda assignatis venerunt tam pÌ„fatus H.I. qui pro dnÌ„o Rege in hac parte sequitur quam pÌ„fatur A.B.C.D.E.F. in proprijs personis suis Et Iuratores ê‘ subballiutim Burgi parochie pÌ„d ad hoc impannellatur exacti viz. E.F. Mercer O.P. Draper c. similiter venerunt qui ad veritatur de pÌ„missis dicendam triati iurati dicunt super sacrum suum quod pÌ„d A.B.C.D.E.F. culpabiles sunt eoruÌ„ quilibet culpabilis est de transgressione contemptu riotto pÌ„d in Indictamento pÌ„d superius specificatis modo forma prout superius versus eos supponitur Ideo coÌ„cessuÌ„ est ê‘ curÌ„ ê™ pÌ„d A.B.C.D.E.F. capiantur ad satisfaciendum dicto domino Regi de finibus suis occasione transgressionis contemptus riotti
of their office or occupation Nor to any Liueries or Badges giuen in the defence of the King and his Realme Nor to the Constable or Marshal for giuing any Badge Liuerie or token for any feats of armes to bee done within this Realme Nor of any Wardens of the Marches toward Scotland for any Badge Liuerie or token by thē giuen frō Trent Northward at such time onely as shall be necessarie to leuie people for the defence of the Marches St. 7. H. 4. 14 And by the stat of anno 7. H. 4. it was ordained That no congregation or companie shall make any Liuerie of cloth or of hats at their owne costs vpon paine that euerie of the same congregation or companie shall forfeit fortie shillings except Guilds and Fraternities and also people of Artes and Sciences within Cities and Boroughes which be ordained to a good intent 13 As the wisedome of the Realme hath established from one age to another the foresaid lawes and statutes Publishing inquiring of and punishing of maintenāce for the repressing or snibbing of Champertie Embracerie buying of titles and all other sorts of Maintenance so hath she prouided trumpets to sound out and publish those laws into the ears and sinke them into the hearts of all people and secondly shee hath assigned watchmen and sentinels to sée who infringed those lawes and lastly she hath ordained Censors and Iudges to punish the offendors therein as it appeareth by the before specified statute of anno 32. St. 32 H. 8. 9 H. 8. wherby it is enacted That the Iustices of Assise shall in euerie Countie within their circuits two times in the yeare viz. in the time of their sittings for taking of Assises or deliuerie of the Gaoles cause open proclamation to be made as well of the said statute and euerie thing therin contained as also of all other statutes heretofore made against vnlawfull maintenance champertie embracerie or vnlawfull retayners to the intent that no person hearing the same should be ignorant or misconisant of the dammages and penalties therein contained And by the former rehearsed statute of anno 8. St. 8. Ed. 4. 2 E. 4. it is ordained That euerie person which will sue against any other for any offence committed contrarie to that statute or any other of the premisses viz. any other ordinance or statute before that time made against any persons for giuing or receiuing of Liueries or Badges before the Kings Iustices in his Bench before the Iustices of the Common Pleas Iustices of peace in their Sessions Iustices of Oier and Terminer and Gaole deliuerie Iustices of the countie Palantine of Lancaster and Chester and in the Court of Hexamshire and in the Court of the Bishop of Durham in the Countie Palatine of Durham shall be admitted thereunto by the discretion of the said Iudges to giue information for the king of any of the premisses committed within the iurisdiction of the same Courts And euerie Informer shall be admitted to sue for the King and himselfe action or actions vpon the same by information in any of the said Courts against as many such offendors in one Bill of Information as liketh him which Information shall be in stead of a Bill or originall writ wherein such Proces shall bee awarded as in an originall writ of Trespasse but that in the Counties Palantine of Lancaster and Chester nor in Duresme no Exigent shall be awarded vpon any information suit or proces to be made by force of this ordinance And if any be or any Outlawrie thereupon pronounced the same shal be void without any writ of Error And if any of the offendors be present in any of the said courts any of the Iustices may cōmaund him to be brought to answer to such bill vpon such information by an othe first to be taken vpon a booke by such informer before some one of the Iudges that his complaint is true without any other or further proces therein And euerie of the same Iudges within his iurisdiction may by his discretion examine euerie of the defendants vpon such information and iudge him conuict as well by examination as by triall and the King shal haue the one halfe of the forfeiture if it be not in a citie or towne corporat that hath the same by the grant of the king or c. and the informer the other halfe which also shall recouer his costs by the Iudges discretion and execution thereof as in recoueries vpon debt or trespas wherin no Essoine or Protection shall lye And the Maior Sherife Bailife or other chiefe officer of euerie citie borough towne or port within this realm hauing power to heare and determine personall pleas in the court holden before them or any of them within any such towne haue authoritie to receiue information of any person which offends in the premisses and to heare determine as wel by examination as by triall all things done concerning the same by or to the inhabitants within the iurisdictiō of the same court to put this stat for those offences prouided in execution And the King shal haue the one moitie of all penalties forfeited by the said stat and the Informer chiefe officers of such citie borough c. shall haue the other moitie equally to be diuided betwixt them And the said chiefe officers part shal be imployed to the vse the said citie borough towne or port c. And sithence the foresaid lawes statutes by one other stat ordayned an 33. Iust of peace may inquire of and punish maintenance H. 8. and confirmed an 37. H. 8. it was enacted St. 33. H. 8. 10. 37. H. 8. 7. That Iust of peace at their Quarter Sessions shal haue authoritie to inquire as wel by the othes of xij men as by information giuen to them by any person or persons of defaults contempts offences cōmitted against the lawes statutes made and prouided concerning or in any wise touching retainers giuing of liueries signs tokens or badges maintenance embracerie c. and euery of them to heare determine the said defaults offences c. And vpon any information touching the penalties or any of them to make proces by Venire fac ' one Capias an Exigēt vnder their seals against euery such person persons against whom such information or presentment shal be had for their apparance before them in their Sessions to answer to such information or presentment as shall be there made And if the person or persons so accused by information or presentment shal be conuicted vpon such information or c. by confession or verdit of xx men then the said Iust haue power to giue iudgemēt against euery such offendor so conuicted of imprisonment forfeiture of money or both of them as are limited by the said seuerall statutes for such offences whereof they are conuict and to cause execution therof to be made accordingly Why the pursuing of maintenance is left out
prices or the buying of anie dried or salted fish herring or sprats not forestalled and solde for reasonable prices or the buying of any corne fish butter or chéese by any such Badger lader kidder or carier as shall be assigned and allowed to that office or doing by thrée Iustices of Peace of the Countie where the said badger lader kidder or carier shall dwell which shall sell and deliuer in open faire or market or to any other victualler or to any other person or persons for the prouision of his or their house or houses all such corne graine butter and chéese as any such person shall buy or cause to be bought and that within one moneth next after he shall so buy any such corne graine butter or chéese so that the same shall be bought without forestalling or else that any such common prouision made or héereafter to be made without fraud or couin by any person or persons of any of the things abouesaid for any citie borough or towne corporat or for the prouision or victualling of any ship castle or fort within the kings dominions without forestalling which shall be imployed onely to that vse and purpose or the buying and prouision of any of the victualls aboue mentioned necessary for the furniture and prouision of the inhabitants or of the towne of Barwicke Holy Island or the Marches of England against Scotland which without fraud or couin shall be transported and conueied as soone as winde and weather may serue to such of the places aforesaid for the which the same shall be so prouided shall not be in any wise deemed adiudged or taken any offence contrarie to this Act. If any person or persons hauing sufficient corne and graine for the prouision of his or their owne house or houses St. 5. 6. Ed. 6. 14. and sowing of their grounds for one yeare doe buy any corne in any faire or market Buying of corne for the change of seede for the change of his or their séede and do not bring to the same faire or market the same day so much corne as he shall fortune to buy for his seede and sell the same if he can as the price of corne then goeth in the said market or faire then euery such person or persons so buying corne for séede shall forfeit and loose the double valew of the corne so bought If any person or persons shal buy any manner of oxen ronts stieres kine heifers St. 5. 6. Ed. 6. 14. calues shéepe lambs goats or kids liuing Buying and selling of cattell aliue and sell the same againe aliue vnlesse he or they do kéepe and féede the same by the space of fiue wéeks in his or their owne houses ground farme ground or else in such ground or grounds where he or they haue the herbage or common of pasture by graunt or prescription then euery person and persons so buying and selling againe shall loose the double valew of the cattell or things so bought and sold againe The moitie of all which forfeitures afore rehearsed shall be to the King and the other moitie to him or them that will sue in any of the Kings Courts of Record by B.P.A. or I. c. in the which no W.E.P. c. The Iustices of peace in euery County within this Realme or Wales at their quarter Sessions St. 5. 6. Ed. 6. 14. shall haue full power and authoritie by vertue of this Act to inquire heare and determine all and euery the defaults and offences The authoritie of Iustices of peace committed or done contrary to this Act within the County where any such Sessions shall be kept by Inquisition presentment bill or information before them exhibited by examination of two lawfull witnesses or by any of the same waies or meanes by the discretion of the said Iustices and to make processe thereupon as though they were indicted before them by Inquisition or by verdict of twelue men or more and vpon the conuiction of the offendor by information or sute of any other than the King to make extracts of the one moity of the forfeitures to be leuied to the Kings vse as they vse to doe of other fines issues and amerciaments growen in the Sessions of peace and to award execution of the other moity for the complainant or informer against the offendor by Fieri facias or Capias as the Kings Iustices at Westminster may doe and vse to doe And if any such conuiction or attainder shall héereafter happen to be at the Kings sute onely then the whole forfeitures to be extracted and leuied to the Kings vse onely Whatsoeuer person shall at anie time heereafter be punished by vertue of this Act But once punished for one offence for any thing mentioned in this Act then the same person shall not otherwise be vexed troubled sued or put to any paine or punishment for that one thing wherefore hée or they shall haue béene so punished Prouided alwaies St. 5. 6. E. 6. 14. that it shal be lawfull to euery person or persons which shal be assigned and allowed by thrée Iustices of the peace of the county where he shall dwell Transporting allowed by Iustices of peace thereunto to buy otherwise than by forestalling corne graine or cattell to be transported or carried by water from any port or place within the said Realme or Wales vnto any other port or place within the saide Realme or Dominions if he or they shall without fraud or couin shippe or imbarke the same within fortie dayes next after he or they shall haue bought the same or taken couenant or promise for the buying thereof and with such expedition and diligence as winde and weather shall serue to carrie and transport the same to such port or place as his or their cockets shall declare and there doe dis-barke vnlade and sell the same and doe bring a true certificat thereof from one Iustice of peace of the County or maior or bailife of the towne corporat where the same shall be vnladen and also of the Customer of the port where such vnlading shal be of the place and day where the saide corne or cattell shall be disbarked vnladen and solde to be directed vnto the Customer and Comptroller of the port where the same was imbarked At all times when wheate shall be commonly at the price of sixe shillings eight pence the quarter When corne may be ingrossed or vnder St. 5. 6. E. 6. 14. mault and barley at thrée shillings foure pence the quarter or vnder otes or otes maulted at the price of two shillings the quarter pease or beanes at the price of foure shillings the quarter or vnder and rie or mescelin at the price of fiue shillings the quarter or vnder all which quarters shall be intended to be of London measure then it shall be lawfull to euery person and persons not forestalling to buy ingrosse and keepe in his or their
loose forf as one attainted of felony No Clergy St. 28. E. 1. 2 23 By the statute made An. 28. Ed. 1. it was established That if any make purueyance or prizes without warrant Purueiance without warrant and do carry them away against the will of the owner he shal be arrested by the town where the prizes were made and carried to the next Gaole and if he be therof attainted he shal be punished as a felon if the value of the goods do so require St. 25. E. 3. 15 24 By the Statute of Anno 25. Edw. 3. it was ordained That no Purueyor of the kings shall take any more Shéepe Purueying of shéepe before sheare time but so many as may reasonably suffice vntill sheare time and after that time they shall take as many shorne Shéepe and not other as may reasonably suffice for the time to come And if any Taker Purueyor or Buyer take any shéepe with their Wooll betwixt Easter and the Feast of Saint Iohn Baptist praise them at a small price and send them to his house to bee shorne to his owne profite and thereof be attainted at the suit of the king or the party he shal be vsed as a Théefe or a Robber St. 5. Ed. 3. 2. 10. Ed. 3. 1. 25. E. 3. 1. 36. Ed. 3. 2. 25 By the Statutes made Anno 5. Edw. 3. 10. Edw. 3. 25. Ed. 3. 36. Ed. 3. it was enacted That the Corne Cattell other victuall Appraisement of things purueied things which shal be taken for the kings house shal be taken in such place where most plenty is and in conuenient time and no more then is néedfull for that season And if the purueyor or buyer cannot well agrée with the seller for that which hee shall néed then the same shall be praised at the very value by the Constables and foure honest men of the Townes where such taking is thereunto sworne and the praysers shall not be constrained by menace threats duresse or other villanie to set any price other then their oathes doe require but as such things doe commonly goe in the next Markets And Indentures or Tallies shall be presently made betwixt the purueyors and those from whom the goods bee taken in the presence of the said Constables and foure praysers contayning the quantitie of their takings the price and of what persons and they shal be sealed with the purueyors seales by which Indentures or Tallies satisfaction shal be made to them from whom such goods be taken And if any Taker or Purueyor do make his prouision in other manner then by foure discréet men of the Towne or doe not deliuer Tallies or Indentures with his seale as is beforesaid he shall be incontinently arrested by the Towne where such purueyance was made and brought to the next Gaole and if hee bee thereof attainted he shall be punished as a felon if the quantity of the goods doe require Taking of cariage 26 By the Statute of Anno 36. Edw. 3. St. 36. E. 3. 2 it was enacted That if any Taker or Buyer after Commission to him directed doth puruey leuie or take any carriage in other manner then is comprised in his Commission it is Felony And by the Statute of Anno 36. Edw. 3. St. 36. E. 3. 4. it was ordained That Commissions shall be awarded to enquire of Purueyors behauior and if it be found at the king or parties suit by euidence of the indictors or other manner that the Purueyors haue taken more then they haue deliuered to the kings house and that they haue not paid for that which they haue taken it is felony they shal be punished as felons Forging of euidence 27 By the Statute of Anno 5. Eliz. it was ordained St. 5. El. 14 That it shall be Felony without benefit of Clergie or Sanctuarie eftsoones to commit any of the offences prohibited by the said Statute ordained against the forging of Euidences and Writings being once before conuicted or condemned of any of the said offences by any of the waies or meanes limitted by the said statute But there shall be no corruption of blood or forfeiture of dower by reason of this felony S. Forgerie 3. c. A Rogue banished 28 By the Statute of Anno 39. Eliz. it was enacted St. 39. El. 4. That it shall be felony for any Rogue beeing by the Iustices of Peace adiudged incorrigible and dangerous and therefore banished this Realme by the Iustices in their Quarter Sessions to return again into any part of this Realme or Wales without licence or warrant so to doe which felony shall be heard and determined in that County of this Realme or Wales in which the offendor shall be apprehended St. 1. Iae. 7. And by the statute made Anno 1. Iacob such Rogues as shall be adiudged as aforesaid incorrigible or dangerous Rogues incorrigible shall also by the iudgement of the same Iustices or the more part of them then present in their open Sessions of the Peace be branded in the left shoulder with an hot burning yron of the breadth of an English shilling with a great Romane R. vpon the yron and the branding vpon the shoulder to bee so thoroughly burnt and set on vpon the skinne and flesh that the letter R. be séene and remaine for a perpetuall marke vpon such Rogue during his or her life and thereupon bée sent by the same Iustices to the place of his dwelling if he haue any if not then to the place where he last dwelt by the space of a yeare if that can be knowne by his confession or otherwise and if that cannot be known then to the place of his birth there to be placed in labour as a true subiect ought to be and after such punishment of any such Rogue as aforesaid if any Rogue so punished shall offend againe in begging or wandering contrarie to the said stat of 39. El. 4. or this present act Lex Alure di Regis Then in euery such case the party offending shal be iudged a felon shall suffer as in cases of felony without benefit of clergie the same felony to be tried in the countie where any such offendor shal be taken St. 1. Iac. 12 29 By the statute of Anno 1. Iacob 12. it was enacted Coniuration witchcraft That if any person or persons shall vse practise or exercise any inuocation or coniuration of any euill and wicked spirit or shall consult couenant with entertaine employ féed or reward any euill or wicked spirit to or for any intent or purpose or take vp any dead man woman or child out of his her or their graue or any other place where the dead body resteth or the skinne bone or any other part of any dead person to bee employed or vsed in any manner of Witchcraft Sorcerie Charme or Enchantment or shall vse practise or exercise any Witchcraft Enchantment Charme or
graine or to abate or diminish the Rents or yearely value of any Mannors Lands or Tenements or the price of any victuals corne or graine or any other thing vsuall for the sustenance of men and béeing required and commaunded by any Iustice of Peace or by the Sherife of the Countie or by the Maior Bailife or Bailifs or other head Officers of any Citie or Towne Corporat where such assembly shall bee had by Proclamation to bée made in the Quéenes name to retire or returne in peaceable manner to their places and houses from whence they came and they or any of them notwithstanding such Proclamation shall remaine or make their abode or continue together by the space of one whole houre after such commaundement or request made by Proclamation or after shall in that forcible manner doe or put in vre any of these things last before mentioned then as well euerie such abode or continuing together as euerie such act that after such commaundement or request by Proclamation had or made shall bée done practised or put in vre by any persons béeing aboue the number of twelue shall bee adiudged Felonie and the offendors therein shall be adiudged Felons and shall suffer onely execution of death as in case of Felonie If any person or persons vnlawfully and without authoritie Raising of vnlawful assemblies by some act or words by ringing of any Bell or Bells sounding of any Trumpet Drumme Horne or other instrument whatsoeuer or by firing of any Beacon or by malitious speaking or vttering of any words or making of any outcrye or by setting vp or casting of any bills or bill or writing whatsoeuer or by any other déed or act shall raise or cause to bée raysed or assembled any persons to the number of twelue or aboue to the intent that the same persons should doe or put in vre any of the acts or things abouesaid and that the persons to the number of twelue or aboue so raysed and assembled after request or commaundement had or giuen in forme aforesayd shall make their abode or continue together as is aforesayd or vnlawfully and in forcible manner perpetrate doe commit or put in vre any of the acts or things abouesayd then all and singular persons by whose speaking déed act or any other the meanes aboue specified any persons to the number of twelue shall bée raysed or assembled for the doing committing or putting in vre any of the acts or things aboue mentioned shall bée adiudged for his so speaking or doing a Felon and shall suffer execution of death as in case of Felonie Reléeuing them which be assembled If any wife or seruant of any of the same persons or any other person whatsoeuer shall willingly and without compulsion bring send deliuer or conuey any Money Harneyes Artillerie Weapons Meat Bread Drinke or other Victuall to any person or persons so being assembled as is aforesayd during such time as hée or they shall bee so assembled together in forcible manner as is aforesaid then euerie wise seruant or other person so bringing or conueying c. any of the foresayd things to the same persons so béeing assembled together in forcible manner or to any of them and not departing to their houses or dwelling places vpon request or commaundement made vnto them as is aforesaid shal be adiudged a felon and shall suffer execution of death as in case of felonie Vnlawful assembly by xl and more If any persons to the number of fortie or more shall assemble together in forcible manner vnlawfully and of their owne authoritie to the intent to execute doe or put in vre any of the things aboue specified or to do other felonious or rebellious act or acts and so shall continue together by the space of thrée houres after Proclamation shall bée made at or nigh the place where they shall bée so assembled or in some Market Towne thereunto next adioyning and after notice thereof to them giuen then euerie person so willingly assembled in forcible maner and so continuing together by the space of thrée houres after such Proclamation made and notice thereof giuen shal be adiudged a felon S. Riots c. 32. c. 32 By the Statute made Anno 39. Eliz. it was enacted St. 39. El. 17 That all idle and wandring Souldiers or Mariners Wandring souldiers and mariners or idle persons which now are or hereafter shall bée wandring as Souldiers or Mariners shall settle themselues in some seruice labour or other lawfull course of life without wandring or otherwise repaire to the places where they were borne or to their dwelling places if they haue any and there remaine betaking themselues to some lawfull trade or course of life vpon payne that all persons offending contrarie to this Act to bée reputed as Felons and to suffer as in case of Felonie without any benefit of Cleargie to bee allowed And euerie idle and wandring Souldier or Mariner which comming from his Captaine from the Seas or from beyond the Seas shall not haue a Testimoniall vnder the hand of some one Iustice of Peace of or néere the place where hee landed setting downe therein the place and time where and when hée landed and the place of his dwelling or birth vnto which he is to passe as aforesaid and a conuenient time therein limited for his passage or hauing such testimoniall shall wilfully excéed the time therein limited aboue fouretéene dayes And also as well euerie such idle and wandring Souldier or Mariner as euerie other idle person wandring as a Souldier or Mariner which shall at any time hereafter forge or counterfeit any such Testimoniall Forging a Testimoniall or haue with him or them any such Testimoniall forged or counterfeited as aforesayd knowing the same to bée counterfeited or forged in all these cases euerie such act or acts to bée Felonie and the offendors to suffer as aforesayd without any benefit of Clergie It shall and may bée lawfull for the Iustices of Assises Iustices of Gaole deliuerie and Iustices of Peace of euerie Countie and for all Iustices of Peace in Townes Corporat hauing authoritie to heare and determine Felonies to heare and determine all such offences in their generall Sessions and to execute the offendors which shall bée conuicted before them as in cases of Felonie is accustomed Except some honest person Retaining an offendor into seruice valued at the last Subsidie next before that time to tenne pounds in goods or fortie shillings in lands or else some honest Freeholder as by the sayd Iustices shall bee allowed will bee contented before such Iustices as such person shall bee arraigned of Felonie to take him or them into his seruice for one whole yeare then next following and before the sayd Iustices will bee bound in Recognisaunce of tenne pounds to bee leuied of his lands goods tenements and cattels to the vse of the King if hée kéepe not the sayd person or persons for one whole yeare and bring him
any person before made béeing by force of the foresaid statute of 11. H. 4. in shirifes and bailifes of Franchises seuerall great extortions and oppressions were done in diuers Counties of this Realme by subtilty and vntrue demeanor of shirifes and their ministers to many persons by making and returning at euery Sessions holden within the said Counties for the body of the shire names of such persons as for the singular gaine of the said shirifes and bailifes would be wilfully forsworne by the sinister labour of the said shirifes and their ministers By reason whereof by their couin and falsehood many true and substantiall persons were diuers times wrongfully indicted of Murthers Felonies and other misbehauiours to the vtter losse of their liues goods and lands and sometime also by the labor of the said shirifs great Felonies and Murthers were concealed and not presented by the said persons partially returned by the same shirifs or their ministers to the intent to compell the offendors to make fines and giue rewards to the said Shirifes and their ministers For the preuention of which enormities by a stat made Anno 3. H. 8. it was established St. 3. H. 8. 12 That all panels to be returned which bée not at the suit of any party Panels for indictments reformed by the Iustices that shall be made and put in by euery shirife and their ministers before any I. of Gaole deliuery or I. of Peace whereof one to be of the Quorum in their open Sessions to inquire for the king shal be reformed by putting to and taking out of the names of the persons which so be impanelled by euery shirife and their ministers by the discretion of the same Iustices before whom such panels shall be returned And the same Iustice and Iustices shall commaund euery shirife and their ministers in his absence to put other persons in the same panels by their discretions And the same panels so reformed by the said Iustices be good and lawfull And if any shirife or any of their ministers at any time do not returne the same panels so reformed then euery such shirife or minister so offending for euery such offence shall forfeit xx l. the one halfe to the king and the other to him or them that will sue for the same by action of Debt at the common law or Bill c. wherin no W.E. or P. shal be allowed and the kings pardon shall be no barre against the party or parties that shall sue the same 9 It is to be thought that by force of the statutes before rehearsed sufficient honest and indifferent Iurors were returned by the shirifes of Counties or that the Panels by them returned were reformed by the Iustices so that if any defect were committed in Indictments or in concealing of offences or offendors then the same was in the Iury which were charged for the body of the Shire to make inquirie for the searching forth of the truth whereof and for the punishment of the said offendors according to their demerites by a statute made Anno 3. H. 7. it was ordained St. 3. H. 7. 1 That the Iustices of peace of euery Shire of this Realme for the time being may doe to take by their discretion an enquest Enquest to inquire of concealments whereof euery man shall haue Landes and Tenements to the yearely value of forty shillings at the least to inquire of the concealements of other Enquests taken before them and before other of such matters and offences as are to bée inquired and presented before Iustices of Peace whereof complaint shall be made by Bill or Bils as well within Franchise as without and if any such concealement be found of any Enquest had or made within the yeare after the same concealement euery person of the same Enquest shall bée amerced for the same concealements by the discretion of the same Iustices of Peace the said amerciaments to bée assessed in plene Sessions 10 For as much as seuerall persons vpon great grounds of vehement suspitions as well of high Treasons petit Treasons and misprision of Treason as of Murthers were many times sent for from diuers Shires and places of this Realme and other the Kings Dominions to the Kings great charges to be examined before the Kings Councell vpon their offences to the intent that conuiction or declaration of such persons should spéedily ensue as the merits of their cases should require And albeit that after great trauaile taken in the examination of such persons it appeared to the said Councell by confession witnesse or vehement suspect that such persons were rather guilty of such offences whereof they were examined then otherwise yet neuerthelesse such offendors so examined by the course of the common Lawes of this Realme must be indicted within the Shires or places where they committed their offences and also tried by the inhabitants and fréeholders of such Shires and places although by their confessions or by sufficient witnes their offences were certainely knowne to the Kings Councell By reason whereof besides the trauaile of the Kings Counsell the King was often put to great charges in remaunding such persons to the countries where they offended there to bée indicted and tried of their offences And sometimes the inhabitants and fréeholders of the Shires or places where such offences were done were compelled to appeare out of their shires or places for such causes to their great charges for the triall or declaration of such offences And sometime by occasion of the charges for remaunding such offendors to be indicted and tryed by the course of the common Law such offendors did lye still in prison and were forgotten whereby many times by the helpe of their confederats they escaped vnpunished to the great courage and euill example of euill doers For the reformation whereof by a statute made Anno 33. H. 8. it was enacted St. 33. H. 8. 23. That if any person or persons being examined before the Kings Councell or thrée of them vpon any manner of Treasons misprision of Treasons or Murthers doe confesse any such offences or that the said Councell or thrée of them vpon such examination shall thinke any person so examined to be vehemently suspected of any Treason misprision of Treason or Murther then in euery such case by the Kings commaundement his Maiesties Commission of Oyer and Terminer vnder his great Seale shal be made by the Chancellor of England to such persons Indictments and trials where the king will and to such Shires and places as shall bée named and appointed by the Kings Highnesse for the spéedie triall conuiction or deliuerance of such offendors Which Commissioners shall haue authoritie to inquire heare and determine all such Treasons misprisions of Treasons and Murthers within the Shires and places limitted by their Commission by such good and lawfull persons as shal be returned before them by the Shirife or his ministers or any other hauing power to returne Writs and Proces for that
hide their affection in that behalfe haue signified the cause of their apprehension to bée but onely for suspition of felonie whereby the said offendors haue escaped vnpunished to the incouragement of théeues and euil doers For reformation whereof by a stat made Anno 1. 2. P. M. it was ordained St. 1. 2 P. M. 13 That no Iustice or Iustices of Peace shall let to baile or mainprise any such person or persons which for any offence Bailing of offendors by Iust of peace or offences by them or any of them cōmitted be declared not to bée repleuisable or bailed or forbiddē to be repleuied or bailed by the stat of West 1. made An̄ 3. E. 1. And furthermore that any person or persons arrested for manslaughter or felonie or suspition of manslaughter or felonie being baileable by the law shal not be let to baile or maineprise by any Iu. of Peace if it be not in open Sessions except it be by two Iu. of peace at the least whereof one to be of the Quorum and the same Iustices to be present together at the time of the said bailement or mainprise which bailement or mainprise they shall certifie in writing subscribed or signed with their owne hands at the next generall Gaole deliuerie to be holden within that countie where the said person or persons shal be arrested or suspected And the said Iu. or one of them beeing of the Quorum when any such prisoner is brought before them for any manslaughter or felonie before any bailement or mainprise shall take the examination of the said prisoner and information of them that bring him of the fact and circumstances thereof and the same or as much thereof as shal be materiall to prooue the felonie shall put in writing before they make the same bailement which said examination together with the said bailement the said Iu. shall certifie at the next generall Gaole deliuerie to be holden within the limits of their commission And euerie Coroner vpon any inquisition before him found The Coroners duty vpon an inquisition found wherby any person or persons shal be indited for murder or māslaughter or accessorie or accessories to the same before the murder or manslaughter committed shall put in writing the effect of the euidence giuen to the Iury before him being materiall And aswel the said Iu. as the said Coroner shall haue authoritie by this act to bind all such by recognizance or obligation as do declare any thing materiall to prooue the said murder or manslaughter offences or felonies or to be accessory or accessories to the same as is aforesaid to appeare at the next generall Gaole deliuerie to be holden within the county city or town corporat where the triall thereof shal be then there to giue euidence against the partie so indited at the time of his triall and shal certifie aswel the same euidence as such bond bonds in writing which he shal take together with the inquisition or inditement before him taken found at or before the time of his said triall thereof Certificat of a bond taken by a Iu. of peace to be had or made And likewise the said Iu. shall certifie all euery such bond taken before him in like maner as before is said of bailmēts and examination And in case any Iu. of peace or Quorum or Coroner shal offend in any thing contrarie to the true intent and meaning of this act then the Iu. of Gaole deliuerie of the shire citie towne or place where such offence shal happen to be committed vpon due proofe thereof by examination before them shal for euery such offence set such fine on euery of the same Iu. of peace Coroner as the same Iu. of Gaole deliuerie shall thinke méet and shall estreat the same as other fines and amerciaments assessed before Iustices of Gaole deliuerie ought to be Prouided alwaies that Iu. of Peace and Coroners within the city of London and the County of Middlesex in other Cities Boroughs and Townes corporat within this Realme and Wales shall within their seuerall iurisdictions haue authority to let to baile felons and prisoners in such manner forme as they haue bin heretofore accustomed This act or any thing therein contained to the contrary notwithstanding And also shall take examinations bonds as is aforesaid vpon euery bailement by them or any of them to be made and shall certifie euery such bailements bonds examinations by them or any of them takē or made at the next Gaole deliuery to be holdē within the shire city borough or towne where their seuerall iurisdictions extēdeth vpon like paine and forf as is before limitted in this present act 14 Because Sherifs and others did in times past let to mainprise notorious and knowne théeues being taken and imprisoned for murder and other felonies S. 3. E. 1. 15. and such as be not mainpernable contrarie to the forme of a Statute made touching those which bee repleuisable and which not and thereby such malefactors as were not repleuisable were let to mainprise And for to deliuer them deceitfully before the comming of the Iustices in Eire or other assigned for their deliuerance they procured and suborned by themselues and by their friends Iurors of the countie some they threatened And so partly for feare of the Sherifs and others which did let them to baile and partly for feare of those felons which were so let to mainprise many robberies and homicides were hidden and concealed from the Iustices of Gaole deliuerie for the preuention whereof by a Stat. made an̄ 27. E. 1. An. 27. E. 1. 3. intituled the Stat. of fines leuied it was ordained That Iustices assigned to take assises in euery countie where they take assises presently after the assises taken shall remaine both together if they be Laie And if one of them be a Clerke then one of the most discréet knights of that county being associate vnto him by the kings writ shall deliuer the Gaole in that countie aswell within liberties as without of all the prisoners according to the vsuall forme of deliuering of Gaoles Bailement of offendors by Sherifes And then the same Iustices shall inquire which sherifs and others haue let to baile any prisoners that were not repleuisable or haue offended in any thing contrarie to the Stat. of West 1. and to punish and chasten them in euery respect according to the forme of the said Statute 15 And for the causes aforesaid it was ordained by the stat of an̄ 4. E. 3. St. 4. E. 3. 2 that good and discréet persons other than of the places if they may be found sufficient shal be assigned in all the counties of England to take assises Iuries and certifications and to deliuer the Gaoles And the same Iustices shall take the assises Iuries and certifications shall deliuer the Gaoles thrice in the yeare at the least and more often if néed be And
Peace of the same Countie where such offendors shall happen to be shall vpon his or their corporall Oath before the Iustices of the Peace in the open Quarter Sessions of the same Countie where such offendors shall then bée or at the Assises and Gaole Deliuerie of the same Countie before the Iustices of the same Assises and Gaole Deliuerie abiure the Realme of England and all other the Quéenes Dominions for euer vnlesse her Maiestie shall licence the parties to returne and thereupon shall depart out of the Realme at such Hauen or Port and within such time as shall in that behalfe be assigned and appointed by the said Iustices before whom such abiuration shal be made vnlesse the same offendor bée letted or staied by such lawfull and reasonable meanes or causes as by the common lawes of this Realme are permitted and allowed in cases of abiuration for felonie And in such cases of let or stay then within such reasonable and conuenient time after as the common law requireh in case of abiuration for felony as is aforesaid And the Iustices of peace before whom any such abiuration shall happen to be made as is aforesaid shall cause the same presently to be entered of Record before them and shall certifie the same to the Iustices of Assises and Gaole deliuerie of the said Countie at the next Assises or Gaole deliuerie to be holden in the same countie And if any such offendor which by the tenour and intent of this act is to be abiured as is aforesaid shall refuse to make such abiuration as is aforesaid or after such abiuration made shal not go to such hauen and within such time as is before appointed from thence depart out of this Realme according to this present act or after such his departure shall returne or come againe into any the Qu. Realmes or Dominions without her speciall licence in that behalfe first had and obtained Then in euery such case the person so offending shal be abiudged a felon and suffer as in case of felonie without benefit of Clergie If any person or persons that shal at any time offend against this act shall before he or they be so warned or required to make abiuration according to the tenour of this act repaire to some parish Church on some sonday or other festiuall day and then and there heare diuine seruice and at Seruice time before the Sermon or reading of the gospel make publike and open submission and declaration of his and their conformity to her Maiesties lawes and statutes as in this act is hereafter declared appointed That then the same offendor shall thereupon be cléerely discharged of and from all the penalties and punishments inflicted or imposed by this act for any of the offences aforesaid Prouided that no Popish Recusant or seme couert shal be compelled to abiure by vertue of this act Prouided also that euery person that shall abiure by force of this act or refuse to abiure being thereunto required as is aforesaid shal forfeit and loose to her Maiestie all his goods and cattels and all his lands tenements and hereditaments during his life only and no longer But his wife shal not loose her dower neither shall his blood bée corrupt S. Felonie by stat 9. 17 By a statute made an̄ 35. El. 2. St 35. El. 2. intituled an act for the restraining of Popish Recusants to some certaine place of abode it is ordained Popish Recusants shall abiure the Realme That Recusants not conforming themselues to the obedience of the lawes of this realme in comming to the Church to heare diuine seruice which shall not vpon the request of two Iustices of peace or Coroner of the same countie abiure the realm and depart for the same and not returne without the Queenes licence shal be adiudged felons and suffer and loose as in case of felonie without benefit of Clergie S. Fel. by St. 10. St. 3. E. 1. 10 18 By the stat of West 1. made an̄ 3. E. 1. it is enacted Abiuration of a Trespasser That he which committeth trespasse in parkes or ponds shall abiure if hee cannot find suretie no more to doe the like offence But that abiuration is not for felonie neither shal he forfeit his lands or goods Pleading not guiltie HAuing made mention of one of the pleas which a prisoner brought to the barre to be arraigned of Treason or Felonie doth plead viz. of the Confession of the offence and shewed how many sorts of Confessions of felonie the law doth take notice of by what meanes she doth procéed against the parties confessing I am now to treat of a second or one other plea that the prisoner vpon his arraignment doth plead in his own defence which is the plea of Not guiltie For when a prisoner by an appeale or an Inditement is charged with treason or felonie he may estrange himselfe from the offence if he will and ioyne the same issue which the defendant oft times doth in an action of trespasse some other personall actions viz. he may plead and take for his issue Not guiltie This plea of not guiltie is the most common and vsual plea Pleading not guilty the most common plea. that he which is arraigned of treason or felonie hath to plead vpon an inditement or an appeale and it is the plea whereunto euery person that is arraigned shall be enforced vnlesse it be in speciall cases viz. where he hath matter of Iustification or matter in Law to plead And this plea of Not guiltie doth tend to the fact that is to the felony and therefore it receiueth great fauour in Law 7. Ed. 4. 15. 4. H. 6. 15 4. H. 7. 5. 10. H. 4. 4. 9. H. 4. 2. for the Law doth allow this plea to him who is arraigned after he hath pleaded in abatement or barre of the appeale or inditement so that his barre doe not comprehend such matter as doth confesse the felonie as a Release of the appellant or the Kings pardō And that plea he shall haue also though one of his pleas were matter in law for though those pleas doe require diuers trials 29. Ed. 3. 91. 22. E. 4. 39. 27. As p. 3 14. Ed. 4. 7 yet in fauour of life hee shall haue both those pleas as well as he shall haue when he doth plead matter triable by the Bishop or by Record viz. and moreouer not guiltie Which pleas he shall haue notwithstanding he doe not conclude moreouer not guiltie that is to say Pleading not guilty after other pleas he shall come time enough to plead not guiltie after the matter triable by the Bishop or by Record is found against him And the manner of pleading in all those cases is to plead his plea and to pray allowance thereof and ouer to the felonie not guiltie Vpon the plea of not guilty no coūcel allowed 2 Vpon this plea of onely not guiltie the partie indited shall not haue coūcell
be graunted vpon an inquiry according to the stat of West 2. So that if the abettors be not distrainable the def in an appeal shal be without any remedy And further the damages which the abettors are to pay by force of the said statute of West 2. be the dammages that the defendant hath recouered against the appellant which dammages the abettors are to pay for the defendant or for his insufficiencie or nonabilitie and not for themselues And so it may be said that they may satisfie for themselues in a writ of Conspiracie to be brought against them or otherwise their offence shal be vnpunished Conspiracy maintenable vpon acquitall in an appeale or indictment And therefore notwithstanding the said statute of West 2. a Writ of Conspiracie doth lye at this day as well where the defendant is acquited vpon an appeale as where he is acquited vpon an Indictment And accordingly there is a Writ of Conspiracie in the Register deuised for that purpose 33. H. 6. 2. 40. Ed. 3. 42 22. As p. 39 14. H. 7. 2. amongst other Writs of Conspiracie But in an appeale founded vpon an indictment if the defendant be acquite vpon the appeale he shall not haue a Writ of Conspiracie because it cannot be intended to be founded vpon malice when it is founded vpon an Indictment And likewise if an Appeale be founded vpon an Indictment although the appellant be Non-sute after declaration and the defendant be arraigned and acquite at the Kings suit yet the defendant shall not haue a Writ of Conspiracy causa qua supra 3 He against whom a Writ of Conspiracie is to be brought The indictment must be false which giueth the writ of Conspiracy must be charged that he conspired with others to indict the plaintife falsely and maliciously without any good or lawfull cause 22. As p. 77 Fi. Cōsp 21. 24. or els the Writ will not lye and therefore if by the conspiracie of two or moe one is indicted of Murther and vpon his arraignement it is found that he did kill the man in his owne defence or by misaduenture or by any other meanes which by the Law is iustifiable he shall not haue a Writ of Conspiracie for the Indictment was framed vpon good cause viz. the death of a man and neither vpon falsehood or malice and in like sort if he that is indicted or appealed of Felony doth purchase his Charter of Pardon thereof and pleadeth it he shall not haue a Writ of Conspiracie for by that pardon sued he doth in a sort confesse the committing of the felonie and so cléere the falshood or malice of any which did deuise to indite him And yet notwithstanding the obtaining of his pardon he may waiue it and plead not guiltie and then if he be acquit of the felonie he may haue his writ of conspiracie 11. H. 4. 40. 7. E. 6. Dyer 85. 28. H. 8. Dyer 28. But if the pardon be by act of Parliament he cannot waiue it for the Iustices ought to allow him his pardon without pleading of it if it be a generall pardon 33. H. 6. 2 4 If two be indited or appealed of felonie the one as principall A conspiracie doubtfull and the other as accessorie and the principall hath his charter of pardon or doth die before he be attainted the accessorie shall not haue a writ of conspiracie against the parties that sued the appeale or deuised to indite the principal and him for that it is not yet discussed but standeth indifferent whether the conspiracie were false or true 21. E. 3. 17 7. H. 4. 31. 27. Ass p. 12 30. Ass p. 21 22. Ass p. 77 5 If after a conspiracie for an inditement agréed vpon The conspirators doe become indictors to be preferred by two or more the same conspirators be sworne vpon an Enquest to enquire of felonies and they with the residue of the Enquest that be sworne with them do indict him of felony against whom they did before conspire in this case he shall not haue a Writ of Conspiracy against them because it cannot be intended false and malicious when they did it by vertue of their oathes and also did it with others besides themselues And the same Law is if after the conspirators be sworne vpon the Enquest of inquirie and haue spoken and conferred with their companions the Iustices shall remooue them from the Enquest yet in that they were once sworne and the conspiracie thereby discharged this remoouing them from the Enquest which commeth after 20. H. 6. 5. 35. shall not make them to bée againe in danger and charge of the Writ of Conspiracie And so it is of a Iustice of Peace A Iustice of peace he shall not be charged by a Writ of Conspiracy for any thing which he doth in open Sessions as a Iustice of Peace 27. Ass p. 12 12. E. 4. 18 21. E. 4. 67. 47. Ed. 3. 17. for he is a Iudge of record and sworne to execute his office duly and may informe for the kings benefit and to punish offendors as well as he can But the Law is méere contrary if one who is no Iustice of record doth it for he shal be charged by a Writ of Conspiracy if he do it with others And in like sort 35. H. 6. 14. 27. As p. 12 20. H. 6. 5. 9. H. 4. 11. 21. H. 7. Kel 81. if one doth come into the Court A giuer of Euidence and discouereth a felony and is sworn and doth giue euidence to the Enquest he shall not thereupon be charged in conspiracie if he doth not before conspire with others falsely and maliciously In a writ of Conspiracy the def pleaded that when the Iurors had taken their oathes vpon the indictment he was sworn to informe them But because an act done by him only without others cannot be said to be any conspiracy 35. H. 6. 14. 27. As p. 12 and so was no answer to that wherewith the plaintife charged him for that cause he wayued his plea and pleaded not guilty for he that is to be charged with a conspiracy must be charged in respect that he did it with others and falsely and maliciously Who be conspirators 6 And for that it might be knowne to all men whom the Law did construe to be conspirators and were worthy to be punished as conspirators Therefore there was a stat made An̄ 33. Ed. 1. which defineth them in this manner viz. St. 33 E. 1. Conspirators be they which bind themselues by oath couenant or other alliance that euery one shall helpe and maintaine others purpose falsely and maliciously to indict or to moue and maintaine suites and also that cause infants to appeale others of felony whereby they are imprisoned and much grieued and such as retaine men in the country with liueries or fées to maintaine their leud enterprises and to subuert the truth as wel the takers as the giuers
47 Arresting vpon doubt of Manslaughter 48 A Iustice of peace his Warrant to arrest a felon 49 Arresting of an offendor and committing him to the Constable 50 Imprisonment vntill he had made an Obligation 51 The seruant not chargeable for the masters offence by imprisonment 52 No imprisonment by force of a Iusticies 53 Imprisonment by force of a warrant vpon a Supplicauit 54 Arresting him that would breake the peace 55 Imprisoning of a seruant that doth assault his master 56 In what cases imprisonment is lawfull and in what not 57 Imprisonment for offences done to the Iustices of the realme 58 What is maiheming 59 How many sorts there bee of maiheming 60 Examination of a maihem by the Iustices or Surgeons 61 Where diuers appeales of maihem for one offence 62 Principall and Accessarie in maihem The iudgement in an appeale of maihem 63 Mainprise in an appeale of maihem 64 Why maihem is supposed to be done feloniously 65 Barres in an appeale of maihem 66 Execution in an appeale of maihem 67 An action of Trespas maintenable after an appeale of maihem 68 The peace preserued and affraies restrained by Iustices of Peace The commission of the peace 69 The cōmission doth chiefely respect the peace Why they be called Iustices of the peace Binding suspected persons to their good behauior 70 A Iustice of Peace may take surety of the peace What the surety of the Peace is Certificat of a Recognisance The surety of good abearing 71 For whom and against whō the surety of Peace is to be graunted 72 Vpon what causes the surety of peace is to be graunted 73 Surety of peace enioined by word or writing 74 The seruing of Proces for the peace A warrant of the peace Who may serue it without writing and who without shewing it and who not Refusing to obey the warrant 75 To which Iustice of Peace the party arrested is to be brought 76 A warrant to find sureties to keepe the peace The party must offer his sureties 77 Surety of Peace doth dye with the king The Iustices authority dyeth with the king 78 The sureties of the Peace must be named 79 Hee that is bound to the Peace must appeare at a day prefixed 80 A Supersedeas for the peace 81 Taking a Recognisance for the keeping of the peace Taking a Recognisance for the good abearing 82 A Release of the suretie of Peace The parties release of the peace The Iustices Release of the Peace 83 Causes of the breach of the Peace or good abearing 84 The Sherife Constable and seuerall other officers be conseruators of the Peace 85 Euery able person when need requireth must be a conseruator of the Peace 86 Menaces Assaults Batteries c. in some cases are punishable in the Starre-chamber Riots Routs vnlawfull and Rebellious Assemblies Fol. 24. 1 The enormity of Riots Statutes ordained to preuent forces or Riots 2 The Court of Star-chamber authority to punish Riots c. 3 What is a Riot 4 What is an vnlawfull assembly 5 What is a Rout. Rout by wearing of armour 6 Lawfull assemblies of three persons or more An assembly lawfully begun doth end riotously 7 Disturbing of Riotors 8 The Iustices and Shirifes c. shall arrest Riotors Recording of a Riot 9 Inquiry of a Riot by the Iustices c. A Precept to the Shirife to returne a Iury to inquire of a Riot The forme of an inquisition of a Riot 10 Certifying of a Riot Trauerse of a Certificat 11 Proces against offendors 12 The forfeiture of Iustices which doe not inquire of Riots 13 A Commission to inquire of the Iustices c. default 14 Vpon the Commission the Coroner shall returne the Iurie What issues shal be returned vpon the Iurors 15 Where the Sherife shall returne the Iury and not the Coroner 16 A Writ directed to inquire of Riots 17 Riots shal be inquired of at the Kings costs 18 The punishment of Riotors 19 Each man shall helpe to represse Riots 20 Baylifes of Franchises Riots in Cities and Townes corporat 21 A Iury to inquire of Riots 22 Maintenance wherby a riot is not found 23 What one Iustice of Peace may do alone in a Riot 24 The Iustices must haue notice of a Riot 25 The parties agreement no discharge of the inquisition of a Riot 26 What power of the Countie the Iustices shall vse to represse Riots 27 The Iustices record of a Riot where no trauerse thereunto 28 The credit of the Iustices Record Certificat of a Riot 29 The proces against Riotors 30 The penalty for not executing of this statute 31 A trauerse to an indictment of Riot 32 Twelue or aboue assembled to change lawes 33 Practising to destroy Parks Ponds Conduits Common or Way Destroying of Deere Conies Douehouses Fish Pulling downe houses burning stackes of corne c. 34 Raising of vnlawfull assemblies by acts or words 35 Relieuing them which bee assembled 36 Vnlawfull assemblies aboue two and vnder twelue The remedy of the party grieued 37 Raising of power to suppresse vnlawfull assemblies 38 A copiholder being required refuseth to serue the king 39 A farmer required refuseth to serue 40 Disclosing a commotion wherein one is moued 41 An able person required refuseth to serue 42 Attendance vpon a Lieutenant 43 The forme of the Proclamation 44 Hinderance of the Proclamation 45 Other mens rights saued 46 Procuring others to offend 47 Vnlawfull assemblies by xl or aboue 48 A Lieutenant shall not appoint a deputie 49 Aiding of the offendor before the offence 50 The attainder of those offences no corruption of blood Force and Forcible Entries Fol. 34. 1 Vnlawfull force is an enemie to peace There shall be no forcible entry into lands 2 The penalty of forcible entry into lands or benefices 3 Holding possession by force Feoffement of lands for maintenance An Assise or action of Trespas against a disseisor by force The authority of officers in Cities and Towns enfranchised touching force 4 A speciall Assise against a disseisor with force 5 Seuerall remedies for seuerall offences by force 6 A Precept to the Sherife to impanell a Iury. The Shirifes forfeiture for not due executing of a Precept The proces against offendors in force 7 The forme of a Precept to the shirife to impanell a Iury. 8 The forme of an inquisition of forcible entry 9 A warrant to the Shirife to make restitution 10 Restitution awarded out of the Kings bench 11 No restitution but where forces is found by inquisition 12 Where no restitution against three yeares possession Where restitution notwithstanding three yeares possession 13 A Supersedeas to stay restitution 14 Where force found and yet no restitution 15 A Mittimus to send to the Gaole such as doe hold land by force 16 A Iustice may enquire of Forcible Entries without complaint 17 In an action of forcible entry the writ must be Vi armis 18 Who may bring an action of Forcible entry 19 He that hath title entereth by force 20 Hee that
32 Pledges in Appeale of Rape 33 Within what time an Appeale shal be commenced 34 From what time the yeare shall haue relation 35 The yeare shall haue relation from the offence done 36 Within what time an appeale of Rape shal be commenced 37 In what County Appeale shal be brought 38 In what county an Appeale of Rape shal be brought 39 In what county an Appeale of Robbery shal be brought 40 Threatening in one county to bring money into another 41 Goods robbed carried into diuers Counties 42 Before whom an Appeale shal be brought 43 Remouing an Appeale out of the County 44 An Appeale before the Iustices of Gaole deliuery 45 An Appeale before the Iustices of the Kings Bench. 46 An Appeale against one bayled No Appeale against him that is let by mainprise 47 Appeale before Iustices of Peace 48 Appeale before the Constable and Marshall No Appeale in Parliament 49 Diuers Appeales for one felony 50 One onely Appeale for one Felony 51 Where diuers Appellees for one Felony 52 Two Appeals founded vpon one Felony 53 Robbery of seuerall parcels of goods 54 Where one shall answere to diuers Appeales or Indictments 55 Answere to diuers Indictments as well as to Appeales 56 He that hath his clergy shal answere to an Appeale of former offences 57 A Clarke shall answere to a former Appeale or Indictment of former offences 58 Proces in Appeale before the Coroner 59 Proces vpon an Appeale or Indictment 60 Proces against indictors in another County 61 Proces against Appellees and Indictees in forraine Counties 62 Proces vpon an Appeale remoued into the Kings Bench. 63 The party appealed must be supposed to be of a forraine countie 64 An appellee dwelling in no place certaine 65 Proces into a County Palantine 66 Proces against Principall and Accessarie 67 The Statute of West 1. extendeth onely to Appeales commenced by Bill 68 In Appeale one appeareth and others make default 69 Proces to remoue an Appeale 70 A Certiorari into the countie 71 Proces against the plaintife after an appeale remoued 72 Proces against the defendant after an appeale remoued 73 Proces against one that by the Shirifes returne escaped 74 Proces with a prouiso for the appellee 75 Proces to remoue prisoners or records 76 How the appellee shall bee led to the barre 77 Count in an Appeale An Appeale of Murther The yeare day houre time of the king and the towne materiall 78 The place where the fact was done 79 Count in an Appeale of death against three as principals The fact must be declared 80 Count in an Appeale of Robbery 81 Where in an appeale of Rape the Statute must be rehearsed in the Count and where not 82 Defence in an Appeale 83 Pleas to the Writ in Appeale 84 The forme of the Writ in an Appeale of Rape This word Rapuit materiall 85 Not two Appeales for one offence 86 Pleading of one in an Appeale brought against two 87 The plaintife in an Appeale misnamed 88 Two or three pleas to the Writ 89 Barres in Appeale Barre in Appeale of death brought by the wife 90 Barre in Appeale of death brought by the heire 91 Barre in Appeale of Rape or Robberie 92 Generall pleas in barre in Appeale 93 Barre for that the plaintife brought another Appeale 94 Barre by the plaintifes release 95 Pleading not guilty after other pleas 96 Where the king may prosecute an Appeale begun 97 No Appeale of Treason Indictments Fol. 169. 1 Commissions to Sherifes to take Indictments 2 When the Sherife shall hold his Turne An Indictment found in an vnlawfull time 3 Sherifes shall enquire by xij men at the least 4 Indictment before the Sherife shall bee by Roll indented 5 Of what sufficiencie Iurors returned in the Sherifes Turne shall be 6 Indictments taken in the Shirifes Turne shal be deliuered to the Iustices of Peace 7 Iurors in Indictments shal be returned without the denomination of any 8 Pannels for Indictments may be reformed by the Iustices 9 An Enquest to inquire of the concealement of other Enquests 10 In what case indictment and triall shall bee where the King will 11 Indictments and Trials of Treason committed out of the Realme 12 Indictment in the county of Lancaster of a forrainer 13 Indictment of a Lancashire man in a forraine County 14 Indictment for the striking or poisoning of a man in one coūtie who dieth in another Indictment of an accessary to an offence committed in another County 15 Indictments lacking these words Insidiatores viarum depopulatores agrorum 16 Words not necessary in Indictments 17 No more shall be in an Indictment then is true Felonicè or Piraticè in an Indictment 18 Where a verdict in an action of Trespas shall be an Indictment of Felony 19 The Sherifes returne is no Indictment 20 The yeare day and place necessary in an Indictment 21 An Indictment must be certaine in the matter 22 An Indictment must be certaine in the persons receiued 23 An Indictment vncertaine at what Court 24 Indictment for making of money 25 Indictment of a common theefe Indictment of the Ordinarie 26 The foresaid A. in an Indictment where none is before named 27 Indictment for the killing of a man vnknowne Indictment for the stealing of the goods of a man vnknowne 28 Indictment for the stealing of the goods of a Church or Chappell 29 An Indictment depending vpon an argument or implication 30 In an Indictment furatus est without felonicè or in Rape carnaliter cognouit without rapuit 31 An Indictment before Iustices of Peace 32 An Indictment before the Maior of London vpon sight of the body 33 Indictment of the receit of a Felon as accessarie 34 Indictment of the receit of the goods stolne and of the Felon 35 Indictments void for one purpose will serue for another 36 A prisoner discharged and after retained in prison 37 The difference between an Appeale and Indictment 38 Pleading another time acquit of the same Felony 39 Indictment of the death of a man knowne by two surnames 40 Indicted of the same mans death 41 Indicted in two counties of one offence 42 Arraigned vpon an insufficient Indictment or Appeale 43 Acquit vpon an erronious Appeale 44 Acquit vpon an Appeale brought by one that hath no right 45 Arraigned vpon an Indictment before the parties Appeale be determined 46 Acquit by battaile in an Appeale 47 A Murtherer indicted and arraigned at the Kings suit Another time acquit no plea in an Appeale but in an Indictment 48 No Indictment of Robberie vntill the Appeale bee tried 49 Pleading another time conuict of the same Felony 50 Another time attainted of the same Felony 51 The Kings Pardon obiected against the plea of another time attainted 52 Who is said attainted and who conuict of Felony Mainprise and Baile Fol. 180. 1 In what cases a prisoner is mainpernable in what not 2 The principall in Appeale of death not mainpernable 3 Where the principall let to mainprise 4 Pleading
good iustification for him though the Iustice of peace did erre in the awarding of the proces And the same law is if the Shirife doth erre in any warrant that he doth direct to the Bailife of a Libertie Arresting an offendor deliuering him to the Constable If a man do arrest an other 10. Ed. 4. 17. who he knoweth hath committed a robberie man slaughter or other felony do deliuer him to the Constable to carrie to the gaole and the Constable will set him at libertie or doth not carrie him to the gaole or that the same person arrested be rescued out of the possession or custodie of him that did arrest him yet in neither of the foresaid cases he that was arrested shall haue an action of False imprisonment against him that did arrest him for that there was no default in him that the offendor was not imprisoned according to his desert Imprisonmēt vntill he hath made an Obligation 50 An action of False imprisonment was brought for imprysoning the plaintife vntill he had made an Obligation of xl 2. Ed. 4. 19. pounds to the defendant and others vnknowen by duresse and this was adiudged maintenable for if the plaintife did not know their names he could not expresse their names for the Obligation is not the effect of this suit but the imprisonment and he shall not recouer dammages for the Obligation but for the imprisonment for that he is not yet damnified by the Obligation because when that is sued he may plead that it was made by duresse of imprysonment and so auoid it But if the action of False imprisonment be brought of an imprisonment vntil he had made a fine he shall recouer dammages for both for he is presently grieued by the fine and so is he not by the Obligation 51 If a master do imprison a man in a house 22. Ed. 4. 45. and deliuer the key of the doore of that house to his seruant The seruant not chargeable for the masters offence the partie imprysoned cannot haue an action of False imprysonment against the said seruant for the kéeping of the key But if the seruant that hath the key do know that the same partie were wrongfully imprysoned then he ought to let him go at libertie for the seruant is bound to obey his masters commaundement but in those things that be lawfull onely And if the seruant which kept the key did not know that the same partie was imprysoned in that house then vpon his plea of not guiltie he shall be excused in an action of False imprisonment brought against him by the partie imprisoned Imprisonmēt by force of a Iustices 52 If a writ of Natiuo habendo or a Iusticies be directed to the Shirif 2. H. 4. 24. he cannot iustify the impris of any man by force therof for they be but commissions to hold plea. And the bodie of a man shall not be arrested or taken but by proces awarded out of a court of record and by those Commissions the Shirises court is not made a court of record 9. Ed. 4. 30. 53 In an action of False imprisonment A warrant vpon a Supplicauit it is a good iustification for the defendant to plead that a Supplicauit came to the Shirife to apprehend the plaintife who made his warrant to the defendant to take him which he did accordingly And yet the Shirife can not giue his authority to an other to take suerty of him 5. H. 7. 6. 54 A Iustice of peace can not direct a warrant to apprehend him who hath broken the peace for he is to be punished by inditement Arresting him who would break the peace at the Kings suit or by action of Trespas of batterie at the partie grieued his suit But he may direct his warrant to apprehend him who he doth doubt meaneth to breake the peace in time to come and to bring him before himselfe or some other Iustice or else to commit him to prison for one Iustice of peace alone may doe his endeuor to preserue the peace before it be broken but being once broken it must be punished by inditement in the presence of diuers Iustices of peace or by action at the common Law Sta. 5. El. 4. 55 If any seruant woorkeman or laborer Imp. of a seruant for assaulting of his master shall wilfully or maliciously make any assault or affray vpon his master mistresse or dame or vpon any other that shall at that time haue the charge or ouersight of him or of the worke wherein he is appoynted or hired to worke and beeing thereof conuicted before any two of the Iustices of peace Maior or head officer of a towne corporat where the offence is committed or before either of the Lords Presidents of the North or Wales by the confession of the said seruant workman or laborer or by the witnesse and oath of two honest men Then euery such offendor shall suffer imprisonment by the space of one whole yeare or lesse by the discretion of two Iustices of peace if it be without a towne corporat if it be within a towne corporat then by the discretion of the Maior or head officer of the same towne corporat with two others of the discréetest persons of the same corporation at the least And if the offence shall require further punishment then to receiue such other open punishment so as it extende neyther to life or limme as the Iustices of peace in open Sessions or as the more part of them or the said maior or head officers or vj. or iiij at the least of the discréete persons of the same corporation before whom the offence shall be examined shall thinke conuenient for the qualitie of the said offence so committed 56 By which foresaid cases and many more Where imprisonment is lawfull and where not it appeareth that imprisonment is lawfull and sufficiently authorized by the Common Lawes and Statutes of this Realme in diuers respectes and for many crimes and there is by it no breach of the peace nor offence to the Law when it is inflicted by the warrant of the law for it aduaunceth as much the justice and peace of the Realme to haue offendors punished as to haue the innocent protected But the imprisonment which tendeth to the breach of the peace and the offence of the law is when one person or more vpon his or their owne authoritie eyther in reuenge of some supposed wrong receiued or in hope of a priuat gaine expected or for some other cause will of his or their owne authority imprison or arrest an other for the redresse whereof the party grieued shall haue an action of false imprisonment or an action of trespas recouer his damages And the same offendor which before did wrongfully imprison an other shall then vpon his conuiction by verdict or his owne confession be himselfe lawfully imprisoned vntill he hath paid to the king a
the land be seuerall yet their possession touching the profit thereof is ioynt And this Action is founded vpon the possession And whereas both the Statute of 1. H. 5. and 5. Eliz. doe ordaine that the partie and parties grieued shall and may at his and their pleasure haue and sue this Action of forger of false déedes in this case both the Ioyntenants and tenants in common be the parties grieued for that their land is molested troubled recouered or charged by this forged déed Fitzh Forger 5. But if there be two Ioyntenants or tenants in common of certaine land and one of them doth forge a false Release or other Déede whereby the whole land is intended to be conueied to himselfe in this case the other Ioyntenant or c. may haue an Action of forger of false déeds against his said ioyntenant or c. for that forged and false déede was made to the intent that the right or title of the forgers companion in estate should be molested troubled defeated or recouered And in this case he is the partie grieued to whose onely disherison the said forgery doth trench 21. H. 6. 4. 21 In an Action of forger of false déedes One sealeth a déed by an others commandement the Defendant pleaded that the Plaintife being seised of certaine land did couenant with a stranger to enfeoffe him of the same land whereupon the same stranger came to the defendant being a Clerk and requested him to make a déed of feoffment of the same land which he did and after by the plaintifes commaundement he sealed the same déede and after did reade the déede at the time of the liuerie and seisin which is the same forgerie and proclamation and that was adiudged a good Plea for when the defendant sealed the feoffement by the plaintifes commaundement and in his presence it was the plaintifes owne act and déede and his owne sealing and not the defendants for the plaintife did vse the defendants hand but as his instrument therein as men vnlearned doe vse an other mans hand to helpe or direct them to subscribe their names to a Deede 9. H. 6. 26. 7. H. 6. 34. 22 If the father do forge a déede and after dieth One forgeth and another doth publish and then his sonne doth find the same déede and doth pronounce publish or shew forth in euidence the same déede knowing the same to be false and forged to the intent the estate of fréehold or inheritance of any person of in or to any lands c. should be molested troubled defeated or recouered this is forgerie in the sonne and he shall be punished according to the foresaid Stat. of 5. El. And the same law is if one man do forge a déed or c. and an other man knowing thereof shall publish it to any of the intents aforesaid this is forgerie prohibited by the same statute for the same stat of 5. Eliz. is in the disiunctiue viz. if any person shall forge or publish Forgerie by antedating of a deed 23 If a man doe make a feoffement to one person of certaine land 27. H. 6. 3. and doth deliuer possession therof accordingly and after he doth make a feoffement to another person of the same land bearing date before the first feoffement but doth not deliuer it this last feoffement is not the feoffors déed But yet if hée do publish it to be his déed the first feoffée may haue an action of forger of false déeds against him for when he had made the first feoffement of the land hée then had nothing left in him of the same land And therefore when hée made the second antedated déed of that land it was a false and forged déed and then after publishing pronouncing or shewing it forth to be his déed it was with intent to molest trouble defeat recouer or charge the land of the first and lawfull feoffée and so he is punishable according to the foresaid stat of 5. El. as hée was before by the stat of 1. H. 5. 24 Though the foresaid two statutes of 1. H. 5. and 5. Eliz. were ordained to punish those who should forge any false déed or c. to the intent to molest trouble charge or recouer the right or title of any person in his lands tenements or hereditaments or to the intent that any person should claime any lease for yeares or annuitie or should forge any Obligation Bill obligatorie Release Acquitance or other discharge of any debt account action suit demaund or other thing personall yet was there no prouision in either of them to punish those who should get into their hands any money goods cattels iewels or things of any other persons by colour of a false token or forged or counterfeit letter for the redresse whereof by a statute made anno 33. H. 8. St. 33. H. 8. 1 it was enacted That if any person or persons of what estate or degrée soeuer hee or they be Getting of other mens goods by counterfeit tokens or letters shall falsely and deceitfully obtaine or get into his or their hands or possession any money goods cattels iewels or other things of any other person or persons by colour or means of any false tokē or counterfeit letter made in another mans name that then euerie such person persons so offending being thereof lawfully conuict by witnesses taken before the L. Chauncelor of England for the time being or by examination of witnesses or confession taken in the Star chamber before the K. honorable Counsel or before the Iust of Assise in their circuits for the time being or before the Iust of peace within any part of the K. dominions in their generall Sessions or by action in any of the K. courts of record shal haue suffer such correction punishment by imprisonment of his body setting vpō the pillorie or otherwise by any corporal pain except pain of death as shal be vnto him or them limited adiudged or appointed by the person and persons before whom he shal be so conuicted of the said offences or any of them Suspected persons called before the Iustices 25 As wel the Iust of Assise for the time being as also ij St. 33. H. 8. 1 Iust of peace in euerie countie whereof one to be of the Quorū shal haue power authoritie to call and conuent by proces otherwise to the said Assises or generall sessions any person or persons being suspected of any of the aforesaid offences to cōmit him or thē toward or to let him or thē to baile vntil the next Assises or general sessiōs there to be examined and further to be ordered by their discretions as is abouesayd Prouided alwayes that the Iustices of peace within euerie Citie Borough Towne and Franchise within this Realme or other the kings dominions shall haue like iurisdiction power and authoritie at their generall Sessions and otherwise to do and execute all and euerie
The penaltie for committing of wilfull periurie vnlawfull procurement sinister perswasion or meanes of any others or by their owne Act Consent or Agreement shall wilfully and corruptly commit any manner of wilfull periurie by his or their deposition in any of the Courts before mentioned or béeing examined ad perpetuam rei memoriam Then euerie person or persons offending shall for his or their said offence loose and forfeit twentie pounds to the King and the partie grieued hindered or molested by reason of any of the offences before mentioned that will sue for the same by A. B. P. or I. in any of the Kings courts of Record wherein no W. E. P. or I. shall be allowed and shall haue sixe months imprisonment without Baile or Maineprise And the oath of such person or persons so offending from thenceforth shall not bee receiued in any court of Record within England or Wales or the Marches of the same vntill such time as the iudgement giuen against the said person or persons shall be reuersed by Attaint or otherwise And vpon euery such reuersall the parties grieued to recouer his or their dammages against such person and persons as did procure the said iudgement so reuersed to be giuen against thē by action to be sued vpon his case And if the said offendor haue not any goods or cattels to the value of xx l. then he shall be set on the Pillorie in some market place within the shire citie or borough where the said offence shall be committed by the Sherife or his ministers if it be without any citie or towne corporat and if it be within any citie or towne corporat then by the head officer or officers of the same citie or c. or by his or their ministers there shall haue both his eares nailed and from thenceforth be discredited disabled for euer to be sworne in any of the courts of Record aforesaid vntill the iudgement shall be reuersed and thereupon shall recouer his dammages in manner and forme before mentioned In what courts Periurie shall be punished 23 As well the Iudge and Iudges of euery such of the said courts where any such suit is or shall be Sta. 5. El. 9. and whereupon any such periurie is or shal happen to be committed as also the Iustices of Assise and gaole deliuery in their seuerall circuits and the Iustices of the peace in euery countie within this realm or in Wales at their Quarter Sessions both within liberties and without shall haue authoritie by vertue hereof to enquire of all and euery the defaults and offences committed contrarie to this act by inquisition presentment bill or information before them exhibited or otherwise lawfully to heare and determine the same and thereupon to giue iudgement award processe and execution of the same according to the course of the lawes of this Realme Proclamatiō of this Statute 24 The Iustices of Assise of euery circuit within this Realme shal in euery countie within their circuits two times in the yeare St. 5. El. 9. viz. in the time of their sittings make open Proclamation of this Statute or of the effect thereof to the intent that no person shal be ignorant of the penalties herein contained Periurie punished in the spirituall court 25 Prouided that this Act or any thing therein contained St. 5. El. 9. shall not extend to any spirituall or Ecclesiasticall court within this Realme of England or Wales or the Marches of the same but all and euery such offendor and offendors as shall offend in forme aforesaid shall and may be punished by such vsuall and ordinarie lawes as heretofore hath bin and yet be vsed in the said Ecclesiasticall court any thing in this Act c. notwithstanding Periury punishable in the Starchāber 26 Prouided that this Act shall not extend to restraine the power or authoritie giuen by Act of Parliament made An̄ 11. H. 7. Sta. 5. El. 9. St. 11. H. 7. 25. to the Lord Chauncelor and others of the Kings Councel to examine and punish riots routs hainous Periuries and other offences which haue vsed to heare and determine such matters in the Starre-chamber at Westminster nor to restraine the power of the Lord President and Councell in the Marches of Wales or in the North nor of any other Iudge hauing absolute authoritie to punish Periurie before the making of this Statute But But they and euery of them shall procéede in the punishment of all offences heretofore punishable in such wise as they might haue done and vsed to do before the making of this Act to all purposes so that they set not vpon the offendors lesse punishment then is contained in this Act. 27 Because by the said statute of 5. Eliz. 9. there is no Ordinance made for the punishment of those Bankrupts who being sworne and examined vpon Interrogatories by Commissioners thereunto authorized shall commit Periurie Nor for the punishment of those witnesses who either by the procurement of others or by their owne consent shall commit Periurie being examined by the said Commissioners touching Bankrupts goods or debts Therefore by a statute made Anno 1. St. 1. Iac. 15. Iac. it was ordained That it shall be lawfull for the Commissioners authorized vnder the great Seale of England or the greatest part of them to take order with Bankrupts bodies lands tenemēts and hereditaments money goods cattels wares and debts to examine the said offendor or offendors vpon such interrogatories touching the lands tenements goods cattels and debts bils bonds bookes of accompt and such other things as may tend to disclose his her or their estate or the secret graunts cōueyances and eloigning of his her or their landes tenements goods money and debts as they shall thinke méet And if therein the offendor or offendors shall refuse to be examined or to answer fully to euery interrogatorie to him to be ministred by the said Commissioners or the greater part of them it shall be lawfull for the said Commissioners or the greater part of them to commit the said offendor or offendors to some strait or close imprisonment there to remaine vntill he she or they shall better conforme him or her selfe And if vpon his her or their examination it shal appeare that he she or they haue committed any wilfull or corrupt Periurie tending to the hurt or dammage of the creditors of the said Bankrupt Periury punished in Bankrupts to the value of tenne pounds of lawfull money of England or aboue the party so offending shall or may thereof be indited in any of the Kings Courts of Record and being lawfully conuicted therof shall stand vpon the Pillory in some publike place by the space of ij houres and haue one of his eares nailed to the Pillory and cut off And by the same statute of Anno 1. Iac. it is further established That if any person or persons other then the Bankrupt either by subornation vnlawfull procuremēt sinister persuasion
grainers or houses such corne of the kindes aforesaide as without fraud or couin shal be bought at or vnder the prices before expressed any thing in this Act to the contrary notwithstanding Prouided alwaies that this Act Within what time the sute shal be commenced or any thing therein contained extend not to charge any person or persons for any the offences aboue mentioned vnlesse he or they be sued for the same within two yeares next after such offence done or committed 5. 6. Ed. 6. 14. Prouided alwayes that it shall be lawfull to euery of the kings subiects now dwelling inhabiting Buying and selling of fish neere the sea or that héereafter shal dwel and inhabite within one mile of the maine Sea to buy all manner of fish fresh and salted not forestalling the same to sel the same againe at reasonable prices this Act or any thing therein contained to the contrarie in any wise notwithstanding Prouided also Drouers licenced may buy and sell cattle that it shall be lawfull to all and euery person and persons knowne to be a common Drouer or Drouers being licenced or authorized and allowed in writing by thrée Iustices of peace whereof one to be of the Quorum of the Countie or Counties where the same Drouer or Drouers shall be most abiding and dwelling to buy cattell in such Shires and Counties where Drouers haue béene wont in times past accustomably to buy cattell at their frée liberties and pleasures and to sell the same as is aforesaid at reasonable prices in common faires and markets distant from the place or places where he or they shall buy the same fortie miles at the least so that the same cattell be not bought by the way of forestalling Prouided alwaies that such licence of the Iustices of the Peace shall not endure aboue one yeare The continuance of a licence vnlesse the same be yearely renewed by so many Iustices as is aforesaid St. 5. El. 12. 12 Because since the making of the foresaid Statute of An̄ 5. 6. Ed. 6. diuers persons by their owne sute were licenced to become drouers of cattel badgers laders kidders cariers buiers or transporters of corne graine butter and chéese thereby to liue easily and to leaue their honest labour in husbandry or manuall occupations and also to inhaunce the prices of corne graine and other victualls Oppression by badgers kidders laders cariers by which meanes they oppressed the common-wealth only to procure vnto themselues both wealth and ease for the redresse whereof by a Statute made Anno 5. Eliz. it was enacted That if anie licence shall be made to any badger lader kidder or carier of corne drouer of cattell buyer or transporter of corne and graine butter or chéese otherwise than in the generall and open Quarter Sessions of the peace holden in the shire where the partie admitted doth Obseruations necessarie in all licences and by the space of thrée yeares before the Teste of his Licence hath dwelled Or other than to such person as is or hath béene married is a housholder no houshold seruant or retainer thirtie yéeres of age at the least Or to haue continuance for more than one yéere or which beareth not date the day and place where the Sessions be holden Or is not signed and sealed with the handes and seales of thrée Iustices of peace being present at the same Sessions at the least whereof one to be of the Quorum the same Licence shall be voide And the party which taketh the same shall forfeit fiue pounds And no person shall vpon the paine of the forfeiture of fiue pounds by the authoritie of such Licence buy any corne out of open faire or market to sell the same againe except he be thereunto specially licenced by expresse words in his licence The moitie of which forfeitures shall be to the Q. her heires and successors and the other moitie to him or them that will sue for the same in any of the Q. Courts of Record by B.P.A. or I. wherein no W.E.P. c. But this Act shall not extend to preiudice the liberties of any citie or towne corporat but euery of them may lawfully assigne and licence Purueiors for the prouision of the same citie or towne as they might haue done before Neither shall this Act be preiudiciall to the Inhabitants within the Counties of Westmerland Comberland Lancaster Chester Yorke or any of them but they may doe as they haue vsed to doe And the Iustices of peace in euery Countie within this Realme or Wales shall haue authoritie to inquire heare and determine all offences committed contrary to this statute by inquisition presentment bill or information before them exhibited and by examination of two lawfull witnesses and to make processe thereupon as though they were indited by inquisition or verdict c. Oppression of Printers and Stationers 13 Though by the Statute of Anno 1. R. 3. St. 1. Ri. 3. 9. licence was giuen to aliens and strangers to bring books into this Realme and to sell and retaile them at their liberties for that there were then few Printers or skilfull binders of bookes within this Realme But séeing since there haue béene and are many expert and cunning Printers and skilfull binders of bookes within this Realme who haue wholly addicted themselues to the saide trades and made it their whole or chiefe liuing and therefore to bring into this Realme anie printed bookes bound or for any stranger to bring bookes into this Realme to be by them sold by retaile were a great oppression and preiudice to the Stationers and also the same bookes would be so much the dearer and so hurtfull to others who should buy those of them Therefore by a Statute made Anno 25. Oppression by Printers or Stationers H. 8. it was ordained St. 25. H. 8. 15. That if any person resiant or inhabitant within this realme shal buy to sell againe any printed bookes brought from any parts out of the Kings obedience ready bound in boords leather or parchment hée shall forfeit for euery booke bound out of the Kings obeisance and brought into this Realme and bought by any person within the same to sell againe vj. s̄ viij d to the King and the party that wil seise or sue for the same in any of the Kings courts of Record by B.P.I. c. wherein no W.E.P. c. And if anie person inhabitant or resiant within this realme shall buy within this realme of any stranger borne out of the kings obeisance other than of denizens any printed bookes brought from any parts beyond the sea except only in grosse and not by retaile he shal forfeit for euery booke so bought by retaile vj. s̄ viij d to the King and the party that wil seise or sue for the same in any of the kings courts of Record by B.P. or I. c. wherein no W.E.P. c. The said forfeitures to be
to the next Sessions for the Peace and Gaole deliuerie next ensuing after the sayd yeare And if any such person retained depart within the yeare Departing without licēce without the licence of him that so retained him then to be indicted tried and iudged as a felon and not to haue the benefit of his Clergie 33 By a Statute made Anno 31. Elizab. St. 31. El. 4. it was established Imbeciling the K. Armor c. That if any person or persons hauing at any time hereafter the charge or custodie of any Armour Ordnance Munition Shot Powder or Habiliments of Warre of the Quéenes her heires or successors or of a Victuals prouided for the victualing of any Souldiers Gunners Mariners or Pioners shall for any lucre or gaine or wittingly aduisedly and of purpose to hinder or impeach her Maiesties seruice imbecile purloyne or conuey away any the same Armour Ordnance Munition Shot or Powder Habiliments of Warre or Victuals to the value of twentie shillings at one or seuerall times then euerie such offence shall bée adiudged Felonie and the offendor and offendors therein to be tried procéeded on and suffer as in case of Felonie The suit within a yere after the offence But none shall bée impeached for any offence against this Statute vnlesse the same impeachment bée prosecuted or begun within a yeare next after the offence done And this Act nor any attainder or attainders of any person or persons for any offence made felonie by this Act shall in any wise extend or bée interpreted to make the offendor or offendors to forfeit any lands tenements or hereditaments any longer than during his or their life or liues or to make any corruption of blood to any the heire or heires of any such offendor or offendors No corruptiō of blood or forf of dower or to make the wife of any such offendor to loose or forfeit her dower or title of dower of or in any lands tenements or hereditaments or her action or interest to the same Proofe in discharge of the offendor any thing in this Act c. notwithstanding And such person or persons as shall be impeached for any offence made felonie by this Statute shall by vertue of this Act bee receiued and admitted to make any lawfull proofe that hée can by lawfull witnesse or otherwise for his discharge and defence in that behalfe any law c. notwithstanding Cutting downe of Powdike 34 By a Statute made Anno 22. H. 8. and reuiued Anno 2. 3. St. 22. H. 8. Ph. Mar. it was ordained That euerie peruerse and malitious cutting downe and breaking vp of any part or parts of the dike called new Powdike in Marshland in the Countie of Norffolke and the broken dike otherwise called Oldfield dike by Marshland in the isle of Ely in the Countie of Cambridge or of any other banke béeing parcell of the Rinde and vttermost part of the causey of Marshland aforesaid made for the defence and saluation of the sayd countrey of Marshland at euerie time and times from henceforth committed and done otherwise than in working of the sayd bankes or dykes for the fortifying repayring and amending of the same shall bee taken reputed and adiudged Felonie And the offendors and doers of the same and euerie of them shall bée adiudged and reputed felons And the Iustices of Peace of the sayd Counties of Norffolke and Cambridge within the sayd isle at euerie of their Sessions within the same isle and Counties to be kept shall haue power to cause inquirie to bée made of euerie such offence so at any time in forme aforesayd hereafter to bée done and committed and to award like Proces against euerie of the sayd offendors with like iudgement and execution of the same if they or any of them bée found guiltie by verdict or otherwise as the sayd Iustices haue vsed to do vpon other felonies being felonie by the common law Taking the othe for the Kings title 35 By a Statute made Anno 3. Iac. 4. it was enacted St. 3. Iac. 4. That euerie subiect of this Realme that after the tenth day of Iune next comming shall goe or passe out of this Realme to serue any forreine Prince State or Potentate or shall after the sayd tenth day of Iune passe ouer the Seas and there shall voluntarily serue any such forreine Prince State or Potentate not hauing before his or their going or passing taken the othe viz. That our Soueraigne Lord King Iames is lawfull and rightfull King of this Realme c. before the officer thereunto appointed shall be a felon And if any Gentleman or person of high degrée or any person or persons which hath borne or shall beare any office or place of Captaine Lieutenant or any other place charge or office in Campe Armie or Companie of Souldiers or Conductor of Souldiers shall after go or passe voluntarily out of this Realme to serue any such forrein Prince State or Potentat before that he and they shal become bound with two such suerties as shall be allowed of by the officers by this Act limited to take the said bond vnto the K. his heires or successors in the summe of xx.l. of currant English money at the least bound not to be reconciled nor to make conspiracie with condition to the effect following he shall be a felon viz. That if the within bounden c. shal not at any time thē after be recōciled to the pope or sea of Rome nor shal enter into or consent vnto any practise plot or conspiracie whatsoeuer against the Kings Maiestie his heires and successors or any of his or their estate and estates realms and dominions but shall within cōuenient time after knowledge therof had reueale disclose to the K. Maiestie his heires and successors or some of the Lords of his or their priuie Counsell all such practises plots and conspiracies then the said Obligation to be void St. 43. El. 13 36 By the stat made Anno 43. El. it was ordained Forcible carrying any person out of Cumberland c. That whosoeuer shall at any time hereafter without lawfull authoritie take away any of the K. subiects against his or their will or wils and carrie them out of the counties of Cumberland Northumberland Westmerland and the Bishopricke of Durham or to any other place within any of the said Counties or detaine force or imprison him or them as prisoners or against his or their wills to ransome them or to make a prey or spoyle of his or their person or goods vpon deadly fewd or otherwise Or whosoeuer shal be priuie consenting aiding or assisting to any such taking detaining or carrying away of any such person or persons as aforesaid Or whosoeuer shall take receiue or carrie to the vse of himselfe or wittingly to the vse of any other any money corne cattell or other consideration commonly called Blacke mayle for the protecting or defending of him or
them or his or their lands tenements goods or chattels from such thefts spoyles and robberies as is aforesaid Or whosoeuer shall giue any such money corne cattel or other consideration called Blacke mayle for such protection as is aforesaid Or shall wilfully and of malice burne or cause to be burned or aid procure or consent to the burning of any barne or stacke of corne or grain within any of the said Counties or places aforesaid shal be of the said seueral offences or any of them indicted lawfully conuicted or shall stand mute or shall challenge peremptorily aboue the number of xx before the Iust of Assises I. of Gaole deliuerie I. of Dier and Terminer or I. of peace within any of the said counties at some of their generall Sessions within some of the said counties to be holden shal be adiudged reputed and taken to be as felons and shall suffer death without any benefit of Clergie Sanctuarie or Abiuration and shall forfeit as in case of felonie St. 1. Ed. 2. 37 By the stat of An. 1. E. 2. it was ordained in this maner viz. Touching prisoners breaking of prison Breaking of prison the K. doth will and command that none which from henceforth doth breake prison shall haue iudgement of life and member for the breaking of prison onely except the cause for which hee was taken and imprisoned do require such iudgement if he should haue been conuicted thereof according to the law and custom of the Realm though in times past it hath beene otherwise vsed ⧠Principall and Accessorie 1 HAuing treated sufficiently of Treasons Homicides and other Felonies and shewed how many of euerie of them there be I am now to write of those that be culpable therein and to declare which be the chiefe and most grieuous offendors in those crimes whoÌ„ the law doth terme adiudge Principals and which be but Abettors Procurers and Receiuers whom the law doth brand mark with the name of Accessories and which of those be Accessories before the offence committed and which after in what cases one of them shal be arrested imprisoned appealed indicted arraigned or attainted before the other and in what not when the acquital of the one shall discharge the other and when not and where the punishment of the one shal be greater than of the other and where not And in this title to begin with the greatest highest offence The law doth hold it a rule infallible 3. H. 7. 10. that in High Treason there is no Accessorie No accessorie in high treasoÌ„ for all the aduisers counsellors persuaders and assistants therein be Principals as much as if they were actors or doers so that whatsoeuer offence doth make a man Accessorie in Felonie the like maketh him Principall in High Treason But in Petit Treason there is oftentimes a Principall and an Accessorie as there is in Homicide Robberie and other Felonies Accessorie before the offence committed 2 There be two sorts of Accessories in Felonie whereof the one is Accessorie before the felonie committed and the other is Accessorie after the offence done As if one hire procure or commaund another to commit a Felonie 10. Ed. 4. 14. but is not present when the other doth it this procurer or commaunder is Accessorie before the offence committed But otherwiâ—e it is if hee bee present at the time of the felonie committed for in that case he is Principal 4. H. 7. 18. 7. H. 4. 27. And in some case one may be appealed as Principall and Accessorie in one Appeale Procurement of felonie 3 If one bée present at the death of a man 4. H. 7. 18. 13. H 7. 10. Plo. Com. 100. and moueth another to strike and kill him by this meanes hée is principall though hée did strike no stroke as well as hée that killed him For the blowes of hâ—m that did strike him bée in construction of law the blowes of him which commaunded him when hée was present for if the commaunder had sayd nothing the man slaine had not béene killed 21. Ed. 4 71. 4 If one be present at the killing of a man CoÌ„ming purposely to a manslaughter and commeth thither for that cause although he at that time doth not moue another to strike or kill him neither doth any thing yet hée shall bee adiudged principall For when diueâ—s doe come to doe an euill act Bro. Cor. 171. Kel fol. 161 Pl. Com. 98 and one alone doth it and the others bée present abetting him or readie to aid him in the fact they bée principals to all intents as fully as hée who did the act for the presence of the other is a terrour to him that was assaulted and the occasion that hée durst not defend himselfe for when one doth see his enemie and diuers of his companions comming to assault him 13. H. 7. 10. and they all doe draw their swords and doe enuiron him and one onely doth strike him so that hée dyeth thereof the others shall be adiudged as great offendors as hee who did strike him for if the others had not béene present peraduenture hée would haue desended himselfe and haue escaped for the number of the others that were present and also readie to strike him was a great feare vnto him and an abatement of his courage and a cause to make him dispaire of his defence and so the occasion of his death And though but one man gaue the blow which was the cause of his death yet the law will adiudge it the stroke of them all giuen by the hands of that one man and to bée in each degrée as penall to thâ—m all as if they all had holden their hands at one time vpon that sword or staffe and giuen him his deadly wound Fitz. Cor. 309. 5 If one béeing present at the killing of a man doth nothing A will to assist a felon but would haue aided his companion if the partie that was slaine had made any resistance Fitz. Cor. 314. 350. 433. 11. H. 4. 13. hée shall thereby bee adiudged principall For all those which come in companie in any place where any assembly is gathered that an euill fact is committed bée it Homicide Robbeâ—â—e or other Trespasse euery of them shall bée adiudged a principall actor though they stand by and doe not hurt As if one come with others to doe a dissâ—â—â—â—â— and a man is killed by another and hee therein did nothing Fitz. Cor. 314. 350. notwithstanding hee shall bee adiudged principall though hée came not to any such purpose because hée came to doe an vnlawfull act 6 If one chaunce to bée present when another is slayne In company but not consenting to a felony or when any other felonie is committed and doth not come in companie with the felons neither is of their confederacie although hée doth not make any resistance or disturbe the felon or leuie Huy and Crye yet he is
but if it be during the day light though the sunne be set the countrie shal be charged therewith for whosoeuer doth trauel during the day light is in the guard and protection of the lawe and if any doe iourney by night he doth it at his owne perill St. 13. E. 1. 4 3 For the more suretie of the countrie and spéedier defecting of offendors warding of walled towns by the said Statute of Winchester it was enacted That in great townes beeing walled the gates shal be shut from the sunne setting vntill the sunne rising and no man shall lodge in the Suburbs or any place out of the town froÌ„ nine of the clocke vntil day vnlesse his Host will answer for him And the bailifs of townes euery weeke or at the least euery fifteenth day shall mak enquirie of all persons beeing lodged in the Suburbes or in forraine places of the townes and if they find any that hath receiued any suspitious persons not kéeping the Kings peace the baylifs shall execute right and iustice therein St. 13. E. 1â—4 4 And by the said statute of Winchester it was moreouer ordained That in all townes watch shall be kept as in times past it hath beene vsed That is to say When the night watch shall begin and end from the feast of the Ascension vntill Michaelmas in euery citie sixe men shall watch at euery gate in euery Borough twelue men in euery town sixe or foure according to the number of the inhabitants of the towne and they shall watch the towne at night from the sunne setting to the sunne rising And if any stranger doe passe by them he shall be arrested vntill the morning and if no suspition be found he shall goe quit and if they find cause of suspition they shall forthwith deliuer him to the Shirife and the Shirife shall receiue him without hurt vntill he be acquited in due manner And if he will not obey the arrest Resisting of arrest they shall leuie Huy and Cry vpon him and such as kéepe the Towne shall follow with Huy and Cry with all the Towne and Townes néere and from Towne to Towne vntill he be taken and deliuered to the Shirife as is beforesaid and for the arrestments of such strangers none shall be punished And by the Statute of Anno 5. H. 4. St. 5. H. 4. 3 Iustices of Peace haue power to make inquisition in their Sessions from time to time and to punish them which be found in default after the tenour of the foresaid statute of Winchester Enlarging of high waies 5 And for the more spéedie apprehension of felons and that they may haue the lesse meanes to escape when they haue robbed or otherwise offended St. 13. E. 1. 5. by the said statute of Winchester it is further established That the highwaies leading from one Market towne to another shal be enlarged there where any wood hedges or ditches be so that there shal be no ditch wood or bush where he that doth lewdly may escape within two hundred foot of the high way on the one side and two hundred foot on the other but this Statute extendeth not to Ashes or great Trees And if any robberies be done by default of breaking downe ditches vnderwood and bushes the Lord shall answer therefore and if it be a murder the Lord shal be punished at the Kings pleasure And if the Lord be not able to cut downe the vnderwood the Countrie shall helpe him And within the kings demesne woods in forrests and without the waies shal be enlarged as before is said And if any Parke be neere vnto the high way the Lord thereof shall diminish it by the space of two hundred foot from the high way or els make such a wall ditch or hedge that offendors cannot goe forward or backeward to any hurt 6 Because it is very hard and extreame to many persons for that by the foresaid Statutes of 13. Ed. 1. 28. E. 3. 11. they do remaine charged with the penalties therein contained notwithstanding their vnabilitie to satisfie the same and though they do as much as in reason might be required in pursuing such malefactors offendors whereby both large scope of negligence is giuen to the inhabitants resiants in other hundreds counties not to prosecute the huy crie made followed brought vnto them by reason they are not chargeable for any portion of the goods robbed nor with any dammages in that behalfe giuen also great incouragement imboldening is likewise giuen to the offendors to commit daily more felonies and robberies seeing it is in a maner impossible for the inhabitants and resiants of the said hundred and franchise wherein the robberie is committed to apprehend them without the ayde of other hundreds and counties adioyning And for that also the partie robbed hauing remedie by the foresaid statutes for the recouering of his goods robbed and dammages against the Hundred wherein the robberie was committed is many times negligent and carelesse in prosecuting and pursuing the saide malefactors and offendors The Hundred charged wher fresh sute shall cease For the qualifying of all which extreamities by a statute made Anno 27. Eliz. St. 27. El. 13 it was ordained That the inhabitants and resiants of euery or any such Hundred with the franchises within the precinct thereof wherein negligence fault or defect of pursute and fresh sute after huy and crie made shall happen to be shall answer and satisfie the one moitie or halfe of all and euery summe and summes of money and dammages as shall by force and vertue of the saide Statutes viz. of 13. Ed. 1. and 28. Ed. 3. or either of them be recouered or had against or of the same Hundred with the franchises therein in which any robberie or felonie shall at any time heereafter be committed or done And the same moitie shall and may at any time héereafter be recouered by action of debt bill plaint or information in any of the Quéenes Courts of Record at Westminster by and in the name of the Clerke of the Peace for the time being of The Clerke of the Peace shall prosecute the sute or in euery such Countie within this Realme where any such robberie and recouerie by the party or parties robbed shal be without naming the Christian name or the surname of the saide Clerke of the Peace Which moitie so recouered shall be to the only vse and behoofe of the inhabitants of the said Hundred where any such robberie or felonie shall be committed or done St. 27. El. 13 7 If any Clerke of the Peace of or in any Countie within this Realme shall at any time héereafter commence or preferre any such sute action or information and shall after the same so sued commenced or preferred The Clerke of the Peace doth die or is remooued happen to die or to be remooued out of his office before recouerie and execution had yet no such
a statute made Anno 1. Ed. 4. it was ordained That vpon all Indictments and Presentments which shall bée taken before any of the Shirifes of Counties for the time béeing their Vndershirifes Clerkes Baylifes or Ministers at their Turnes or Law-daies they nor any of them shall haue power or authority to arrest attach or put in prison or to leuy any fines or amerciaments of any person or persons so indicted or presented by reason or colour of any such Indictment or Presentment taken before them or any of them or to leuy or take of any such person or persons so indicted or presented any fine or ransome But the said Shirifes vndershirifes Baylifes or Ministers shall bring present and deliuer all such Indictments and Presentments taken before them or any of them in their Turnes or Law-daies to the Iustices of the Peace Indictments taken in the shirifes Turnt shal be deliuered to the Iu. of peace at their next Session of the Peace which shal be holden in the County or Counties where such indictments and presentments shal be taken And if any of the said Shirifes Vndershirifes Clerkes Baylifes or Ministers doe not bring deliuer or present all such indictments or presentments so taken before them and euery of them in their Turnes or Law-daies as is aforesaid to such Sessions of the peace before the said Iustices then the said Shirifes Vndershirifes Clerkes Baylifes and their Ministers and euery of them which shall faile of the bringing deliuering or presenting of such Indictments or Presentments shal forfeit to the king forty pounds so often as they or any of them shall doe the contrarie And the said Iustices of peace shal haue power and authority to award proces vpon such Indictments and Presentments as the Law doth require Proces vpon Indictments awarded by I. of peace and in such like manner as if the said Indictments and Presentments had bin taken before the said Iustices of Peace in the same County or Counties and also to arraigne and deliuer all person and persons so indicted and presented before the said Shirifes Vndershirife their Clerkes Baylifes or Ministers or any of them in their Turnes or Lawdaies and to set such fine vpon euery person or persons indicted or presented of Trespas as it shall séeme good to their discretions And the Estreats of the same fines and amerciaments shall be inrolled and by Indenture deliuered to the said Shirifes Vndershirifs Clerks or Ministers or to some of them to the vse and profit of him which was shirife of the County at the time of the taking of such indictments or presentments And if any of the said Shirifes Vndershirifes Clerkes Bailifes or ministers shall cause to be arrested attached or put in prison or shall cause to be raised or taken any fine or ransome or leuy any amerciament of any person or persons so indicted or presented by reason or colour of any such indictment or presentment before him taken at his foresaid Turne or Law-day before they haue proces from the said Iustices of Peace or Estreats deliuered out of the said indictments or presentments so brought deliuered or presented vnto them then the shirifes which doe so shall forfeit an hundred pounds wherof the one moitie shal be imployed towards the expences of the kings house and the other to the party or parties that shal be endaÌ„maged And he or they shal haue an action of Debt at the common law and like proces as is vsed in an action of Debt at the common law wherein the defendants shal not be essoined wage their law Indictments in London nor haue any protection But this Ordinance shall not extend or be preiudiciall to the shirifes of the city of London touching indictments or presentments to be taken before them in the said city Neither shall this ordinance extend or be preiudiciall to any person or persons that haue graunt of any fines or other amerciaments by any letters patents of the king or of any of his progenitors or predecessors bearing date before the x. day of December next after the beginning of this Parliament being An. Dom. 1461. B This statute doth giue authority to Iustices of peace to award proces vpon all indictments taken in the shirifes Turne when they be brought and deliuered vnto them But yet it is alwaies intended That those Indictments shal be lawfull The shirife inquiring of things not inâ—uirable in 〈◊〉 Turne and containe matter whereof the Shirife hath iurisdiction in his Turne and power to make inquirie For if the Shirife in his Turne will make inquiry of the statute of Liueries 4. E. 4. 31. 8. E. 4. 5. or indict one who did feloniously rauish a woman or such other matters which be not inquirable in the shirifes Turne although he wil bring the indictments before the Iu. of peace and deliuer them according to the foresaid stat of 1. Ed. 4. yet they ought not to award proces vpon them for they were taken coram non iudice and so void 7 And for that Enquests were sometimes taken without being duly returned by the shirife of such persons as were outlawed before Iustices of Record and of some such as were fled to sanctuary for Felony or Treason to haue refuge by whom sometimes not only offendors were indicted but also seueral of the kings liege people not guilty by the conspiracie abbetment and false practise of others for their owne speciall aduantage and priuat gaine for the auoiding whereof there was a statute made Anno 11. H. 4. which doth enact St. 11. H. 4. 9 That no indictment shal be made by any such persons but by enquests of the kings liege people as it hath bin vsed in the time of the kings progenitors duly returned by shirifes or bailifes of Franchises without any maner of denomination before made to the said shirife or bailifes of Franchises by any person of the names of those who shal be impanelled by him Iurors in indictments shal be returned by the shirife without denomination vnlesse it be by the officers of the said shirifes or bailifes of Franchises knowne or sworne thereunto and other ministers to whom it appertaineth by the law of England to make the same And if any indictment be made in any point to the contrary the same shal be void reuoked and of no force According to this statute some haue béen discharged of their Indictments B. because certaine of the Indictors were before that outlawed of Felony This statute of Anno 11. H. 4. is altered by the next statute of Anno 3. H. 8. for so much onely as doth concerne denomination to be made by the Iustices 11. H. 4. 40. St. 3. H. 8. 12. for the reformation of Panels returned before them by the Shirifes when the said Iustices will haue the same Panels reformed But for all the residue it continueth in force 8 The whole authority of returning of Enquests to make Indictments without the denomination of
owner is not there knowne which owner peraduenture for feare wil not claime the goods as his owne or who it may be is dwelling in another Countie farre distant from the place where the goods were stollen so that the country where the goods were stollen doth neither know his name or sirname And therefore for the K. aduantage and for to print a greater terror into the hearts of malefactors to commit such hainous crimes such Indictments bee allowed good And yet a man being indicted for stealing of the coat of a dead man vnknowne Fitz. Indict 27. the Indictment was not allowed for it was holden that the executors of the dead shal haue this coat or the Ordinarie or else it shal be deliuered to the church or otherwise be imployed to charitable vses Quaere differentiam 28 If a man be indicted Quod bona Capellae in custodia c. The goods of a chappell or church aut bona domus ecclesiae tempore vacationis felonicè furatus est c. this is a good Indictment 7. E. 4. 14. 9. E. 4. 33. And yet in this case there is no owner here but because the propertie can be in no other neither can it be otherwise done for that cause the Indictment is allowed to be good 29 An Indictment the force whereof doth depend vpon an argument An indictmeÌ„t depending vpon an argument or implication or implication 2. Ed. 3. 1. Fitz. Indict 8. is not good As if one be indicted Quod felonicè abduxit vnum equum he did feloniously lead away a horse this is not a good Indictment without saying felonicè cepit abduxit viz. that he feloniously tooke and led him away Co. li. 4. 42. 44. for it may be that the horse was lent him so he led him away in which case then it is no felonie and yet in these words felonicè abduxit is implied that he did steale the horse 18. E. 4. 10. 30 If an Indictment be Quod furatus est vnum equum viz. Furatus est without felonicè that hee did steale one horse and saith not felonicé this is a void indictment though felonicè be implied in these words furatus est And in like sort it is if a man be indicted of a rape 9. Ed. 4. 26. and the indictment is quod eam carnalitèr cognouit without vsing the word rapuit this is no good indictment and yet carnalitèr cognouit is an argument of a rape though it may be that he did carnally know her by her owne will and consent 9. Eliz. Dyer 261. 13. Eliz. Dyer 304. and so not rauish her And in an indictment of murder if these words be in the indictment ex malitia praecogitata voluntarié felonicè interfecit not this word murdrauit it shall not be adiudged a murder Murdrauit but homicide 31 If an indictment of felonie be found before A.B. Iust of peace Indictment before I of peace without making mention of any commission that they haue to heare determine felonies this is no good indictment St. 18. E. 3. 2 for by the stat of an 18. E. 3. they haue power by commission to heare determine felonies and not by vertue of their office only and yet it is to be implied that all Iust of peace by force of their commission 5. E. 6. Di. 69 haue authoritie to heare and determine felonies And they haue authoritie to inquire of murder for that it is felonie â—2 E. 4. 12 32 If one be indicted vpon the sight of the body before the Maior of London Maior of LoÌ„don Coroner without adding thereunto this word Coronatore this is no good indictment and yet he that is Maior of London is alwayes Coroner so by implication it may be taken But such an indictment is not good which must haue an argument or implication 33 If one be indicted as accessorie for the receit of a felon Indictment of the receit of a felon as accessorie 2. H. 6. 42. there must in the indictment mentioÌ„ be made of the maner of the felony that the party indicted knowing the principal to haue committed such a felony did feloniously receiue him But it is otherwise if a man receiue one attainted of felony in the same county where the felony was committed for in that case 8. E. 4. 3. if he be indicted of the receit of the felon Indictment of the receit of one attainted of felonie mention néed not be made of the maner of the felony because it is sufficient that the party attainted of felony was receiued though the attainder be erronious séeing it is not lawfull for any to receiue him for euery person is bound to take notice of this attainder which is in the same countie where he dwelleth But it is otherwise Fi. Cor. 377 if the attainder were in a forein county for there none be bound to take knowledge therof but the inhabitants of the same county and therefore in that case notwithstanding the attainder mention ought to be made of the maner of the felony Receit of the goods stolne and felon 34 It is no good indictment of an accessory to say 25. Ed. 3. 3â— 27. Ass p. 69 9. H. 4. 1. that the said accessory did receiue the goods stoln without affirming that he receiued the felon also for he is not accessory to a felony which doth receiue goods stolne only except he doth also receiue the felon S. Principall Accessorie 14. 17. Indictments void to one purpose will serue for another 35 Although in the cases aforesaid the indictments be void touching felony 18. E. 4. 10. 2. H. 7. 7. 6. H. 7. 4. yet diuers of them shall serue as indictments of trespas to cause the partie offending to make a fine specially such indictments that do not want any certaintie but only words which make the offence felony And in those indictmeÌ„ts which do want certainty the Iust may award a Scire fac ' against the indictors to amend that which wanteth And so may the Iust of the K. Bench 8. H. 5. 8. if the indictment be taken in the same county where the said bench is sitting Or otherwise if the indictment were taken before the sherife coroner or Iust of peace 2. E. 3. 1. 18. the court may direct a writ to the said sherife coroner or Iust of peace to know if they haue any other indictment before them A prisoner discharged retained in prison 36 If the court vpon the arraignmeÌ„t of a prisoner Fitz. Indict 27. doth discharge him of the indictment paying his fées because at that time they do think the indictment to be insufficient yet if after at another day or time they alter their opinion then they may send to the gaoler charge him that the prisoner shal not depart forth of prison but stand
take reward of any who will fréely licence all persons to prosecute their right giue full eare to the widowes complaint further the cause of the orphan and fatherlesse and suffer none that hée can helpe to receiue wrong who will not feare the countenance of the mightie nor disdaine the basenesse of the poore whom neither hatred fauor or priuat affection will moue but without respect of persons will yéeld to each wight that which his cause requireth who will remember and neuer forget that God hath endowed him with knowledge and vnderstanding Ecclesiast 17 that he hath made a couenant with him to shew him what true iustice and iudgement is that all his actions bée continually in Gods sight and that euerie moment from heauen the King of Kings doth behold them And finally who duely respecting both the commissions which he hath receiued from God and his prince will so indifferently temper iustice with mercie towards the poore prisoner standing trembling before him at the barre as he will hope for mercie when himselfe shall make his last and great account before the God of iustice and mercie 2 Whereas diuers antient Prerogatiues and Authorities of iustice appertaining to the Crown of this Realm were seuered and taken from the same by sundrie gifts of the Kings Progenitors Kings of this Realme to the great diminution of the royall estate of the same and to the hindrance and delay of iustice St. 27. H. 8. 25. for the reformation whereof by a Statute made Anno 27. H. 8. it was enected That no person or persons of what estate condition None shall make Iustices but the King or degree soeuer they bée shall haue any power or authoritie to make any Iustices of Eyre Iustices of Assise Iustices of Peace or Iustices of Gaole deliuerie but that all such Officers and Ministers shall bée made by Letters Patents vnder the Kings great Seale in the name and by authoritie of the King and his heires Kings of this Realme in all Shires Counties Counties Palantine and other places of this Realme Wales and the Marches of the same or in any other his Dominions at their pleasure and wills in such maner and forme as Iustices in Eyre c. bée commonly made in euerie Shire of this Realme Any graunts vsages Acts of Parliament or other thing notwithstanding The Iudge vpon the arraignment of a Péerâ—e of the Realme 3 When a Péere of the Realme and Lord of the Parliament 1. H. 4. 1â— 13. H. 8. 13. 10. Ed. 4. 6. is to be arraigned vpon any Treason or Felonie whereof he is indicted and whereunto he hath pleaded not guiltie the King by his letters patents shall assigne some noble and sage Lord of the Parliament to bee high Steward of England for the day of his arraignement who before the same day shall make a Precept to his Serieant at Armes that is appointed to serue him during the time of his Commission to warne to appeare before him xviij or xx Lords of the Parliament vpon the same day c. S. Triall 2. 4 Where Treasons Misprisions of Treasons Murders Manslaughters and other malicious strikings by reason whereof blood hath béen shed against the K. peace were often committed within the limits of the Kings palace or house or other houses where his Maiestie was abiding in his royall person which offences when they be done be best knowne by his Highnesse Officers of his houshold and by his seruants of his Checke roll And if his Maiesty shall happen to remoue from such his palace or house or other house where such offences were done before the tryall and determination thereof then such offences might not lawfully be tryed heard and determined by and before the sayd Officers but bée remitted to bée tryed and determined by the order of the Common law by reason whereof the punishment of the sayd offendors in such cases hath beene long time delayed and sometime their offences forgotten and not remembred and so they escaped vnpunished For the redresse whereof by a Statute made Anno 33. H. 8. it was enacted St. 33. H. 8. 12. That all Treasons Misprisions of Treasons Murders Manslaughters Bloudsheds and other malitious strikings by reason whereof bloud shall be shed against the Kings peace which shall bée done within any the Palaces or houses of the King or his heires or within any other house or houses at such time as his Maiestie shall bée then abiding in his royall person shall bee inquired of tryed heard and determined within any of the Kings houses or other house where his Maiestie shall bée abiding Iudge of treasons and felonies committed in the K. house before the Lord Steward of the Kings houshold and in his absence before the Treasorer and Comptroller of the K. houshold and Steward of the Marshalsey for the time beeing or two of them whereof the Steward of the Marshalsey to bee one by vertue of their offices without any Commission or other authoritie to them giuen And whether the King shall bée remooued from the house where such offences shall bée done or not before they be inquired of heard and determined yet such offences shall be inquired of tryed heard and determined before the Kings Officers of his houshold before named or two of them by the Inquisition and verdict of his houshold seruants in his Checke roll at such Palace or house where his Maiestie shall bée at any time abiding in manner and forme as is hereafter expressed The two Clerkes Comptrollers Clerkes of the Checke and Clerkes Marshals for the time being of the K. houshold or one of them vpon a Precept to them or any of them made by the Lord Steward or in his absence by the said Treasorer and Comptroller of the Kings houshold and the said Steward of the Marshalsey or by two of them whereof the sayd Steward of the Marshalsey to be one shall haue power to summon warne and returne the names of twentie foure persons being yeomen officers of the Kings sayd houshold in the sayd Checke roll to inquire of such Treasons Misprisions of Treasons Murders Manslaughters and other malitious strikings by reason whereof bloud shall bée shed against the Kings peace before the sayd Lord Steward and in his absence before the sayd Treasorer Comptroller and Steward of the Marshalsey or before two of them at the least whereof the Steward to bée one And it shall bee lawfull to the sayde Lord Steward and in his absence to the sayd Treasorer Comptroller and Steward of the Marshalsey aforesayd or two of them whereof the sayd Steward to bée one before whom such Returnes shall bée so made as is aforesayd to cause such number of the sayd foure and twentie persons so returned aboue the number of twelue persons as to him or them shall séeme expedient to inquire of such Treasons Misprisions of Treasons Murders Manslaughters or other malitious strikings by reason whereof bloud shal bée shed against the Kings peace
thing and things in all points as other Iustices of Assise in their circuits or Iustices of peace in the Counties by vertue of this Act be limited and appointed to do and execute for the punishment and correction of like offendors as beforesaid is limited Sauing to the partie grieued by such deceit such remedie by way of action The remedie of the partie grieued or otherwise of for the same money goods cattels iewels or other things so obtained as he might haue had if this Act had neuer bin made Any thing in this Act c. notwithstanding 26 Forgerie of writings hath béene alwayes so hatefull in this realme that our law-makers haue pursued the practisers therof with sharpe and bitter punishment though in some cases the same was not put in vse to molest or euict any man of his land lease annuitie debt account action suit or other demaund nor to get into his hands any others goods cattels or iewels but only to escape the ordinance and censure of the law As by a statute made anno 5. Eliz. it is established St. 5. El. 7. That no person retained in husbandry or in certain inferior arts or faculties in the said statute mentioned shal depart out of one citie towne or parish into another nor out of the Lathe Rape Wapentake or Hundred nor out of the County or Shire where he last serued to serue in another Citie Towne Forging of a testimoniall c. vnlesse he haue a Testimoniall of the said Citie or town corporat from whence he departed or of the Constable or other officer c. And if any such person shall be taken with any counterfeit or forged testimoniall then he shal be whipped as a vagabond ⧠Periurie Subornation of witnesses Truth tried by the othes of men 1 THe Law of the Realme desirous to trie out truth in all causes called in question before her to the end she might procéed in iudgement and execute iustice accordingly hath in all ages prooued it to bee the best meanes to search out this truth by the othes of honest lawful and indifferent persons intending that the man who doth professe God to bee his Creator Redéemer and Sanctifier and hopeth to be saued by his blood when hee doth come in the presence of that God and his people and doth aduisely sweare that he will declare the trueth according to his knowledge in that matter in question as God shall help him which is to say as he will expect the blessing of God in this life and eternall saluation in the life to come is void of all partialitie and priuat affection in all respects to be credited and will tell the whole truth and nothing but the truth And therefore an othe is aptly termed Sacramentum a holy band or sacred tie or godly vow The credit of an othe some do call it firmamētum veritatis the foundation ground of truth and some other vinculum pacis a meane of the knot or lincke of peace And if it be taken and found by a whole Iurie consisting vpon twelue persons or aboue it is called veredictum viz. a presentment of truth And others doe hold it a ceremonie instituted by God wherein himselfe is a partie and therefore he will see it verified or sharply punished Wée know that the proofe of most of our acts déeds and writings doe depend vpon the othes of others and whatsoeuer men do for their owne particular account most certaine is altogether in most cases vncertaine vnlesse it may be iustified by the othes of others As if one doe commit murder rape burglarie robberie or other offence whatsoeuer and it be denied and cannot be prooued by the othe of some other the offendor shall escape vnpunished for it And likewise if a man do buy land of another if the feoffor doe make him a déed of feoffement thereof do seale and deliuer it and giue him possession and after will denie it vnlesse it can be prooued by the othe of some other the feoffée shall loose his land and money And so it is of leases annuities releases acquitances obligations bargaines contracts couenants promises offences entries disseisins and other matters in fait if they be denied trauersed and called in question the proof and validitie of them doth depend wholly vpon the othes and testimonie of others And there is no case so plaine which commeth in question betweene partie and partie but one of the parties to the sute may pleade such a plea as shall come to be tried by the othes of others 2 Therefore as the Lawe doth reuerently respect the othes of men What sorts of persons are to be deposed taketh her intelligence of matters in fait from them doth cleaue leane vnto them and giueth such credite and approbation vnto them that shée doth found and build her iudgements in most cases of greatest importance vpon them So shée retaineth a vigilant and carefull eye that those othes be taken by men of sinceritie of life and maturitie of iudgement persons not stained with Periurie or other gréeuous or foule offences men indifferently affected and such as will in swearing respect the trueth of their knowledge and not the face of the person for if shée espie any of those defects in him she doth either wholly reiect his othe or else shée giueth little or no credite vnto it and further inflicteth condigne punishment vpon him according to his desert Mag. Char. 9. H. 3. 29. 3 And because the King himselfe at his Coronation is sworne that iustice shall be solde deferred or denied to no man nor that any man shall be condemned but by lawfull triall and euery of his Iudges be sworne that hée shall doe equall Lawe and execution of iustice to all the Kings Subiects Sta. 18. Ed. 3 rich and poore without hauing regard to any person All the parties to the execution of iustice sworne Therefore the law hath deuised that those Iudges before whome any cause is called in question and is brought to an issue shall be informed of the trueth of that issue by the othes and verdict of twelue Iurors who are impannelled returned and sworne to trie that issue to the end the same Iudges may ground their iudgement thereupon and so doe equall iustice to the parties according to their oathes and also that the saide Iurors shall be ascertained of the veritie of the fact by the Othes of witnesses or other euidences that they may giue their verdict thereupon according to their Othes And séeing those Iurors being the greatest number of persons that be vsually sworne for the furtherance and execution of iustice be returned by the Shiriffe of the Countie where the cause dependeth in question his vndershirife or the Bailife of some Libertie or for some default in them by the Coroners Therefore the Lawe hath further ordained that the saide Shiriffe Vndershiriffe or c. shall be indifferent persons of themselues and also deale vprightly