dores Resol The Justices shall do very welto allow none but in places sit for their sâ—ituaâ—â—on and user and to moderate the number quest XXXVII A man for his quality otherwise sit to be a Constable or other officer of that nature procures himself to be the Kings Servant extraordinary and by that would excuse himself to serve in the country Resol A servant extraordinary may wel perform his ordinary service in the Country according to his quality THE IVDGES OPINIONS Concerning The Commissions by which the Iustices sit at Newgate viz. Goale-Delivery and Oyer and Terminer MDCXXXIII LONDON Printed by T. L. for M. Walbancke MDCLV THE Iustices OPINION Concerning the Commissions by which the JUSTICES sit at Newgate viz Goal-delivery Oyer and Terminer MDCXXXIII THe Justices of Goale-Delivery there may try all Prisoners in the Goale or by baile or such as being Indicted wil render themselves generally for all Felonies and also for such other offences as are particularly assigned to them by Statute The Statute of 4 Edw. 3. cap. 2. doth give them power to receive Indictments against prisoners and such as are upon bayle and to proceed to try the same viz. Indictments taken before the Justices of the peace and by equity thereof all Indictments before Coroners 3 Mar. Bro. Commission 29. saith that the Commission is Ad deliber and. Gaolas de Prison in eisdem existen but they cannot take indictments as Justices of Goal-Delivery but being Justices of the Peace they may take Indictments and then try the same or else to receive Indictments taken before Justices of the Peace but it standeth with reason that they may take Indictments against Prisoners but not against them that are at large For in as much as power to deliver the Goale is given them consequently they must have means to do so which is by Indictments Ideo quaere Howsoever it is clear they may enquire of many offences and take Indictments in such cases where power by any Statute is given to the Justices of Goale-Delivery to make enquiry of When an Indictment is taken before Juscâ—ces of Goal Delivery in such cases where they have authority by Law or St. it there the title of the Indictment is that apud Go alam deliberat tent before the Commissioners of Goal Delivery I. S. was indicted and the Record must be made up so And whereas by vertue of the Stat. 4 Ed. 3. Indictments taken before Justices of the peace or Coroner or any other against prisoners then the Entry of the Indictment is returned Memorand quod ad generalem Sessionem tent Before A. B. Iustic ad pacem in Com. M d. or London I. S. was indicted and tryed before Justices of Goal-Delivery and by vertue of the said Statute Indictments taken before Justies of the Peace in London or Middlesex and tryed before Justices of Goal-Delivery The Commission of Oyer and Terminer is ad inquirend determinand they may enquire of all the offences mentioned in the Commission allbeit the Offenders be at large But they cannot try Prisoners upon Indictments taken before any other then themselves as the Justices of Goale-delivery may by the aforesaid Stat. unless there be a speciall Commission made as it was in the case of the Earle of Leicester mentioned in Plowdens Commentaries For the ordinary Commission of Oyer and Terminer is ad inquiread audiend de eâ—minand therefore they cannot determine things unless they made enquiry first and on the other side also the Justices of Goale-Delivery may try Indictments taken before Justices of the Peace yet if one be indicted before Commissioners of Oyer and Terminer the Justices of Goale-delivery cannot try the same because the Records of the Commission of Oyer and Terminer are to be returned into the Kings-Bench 24 E. 3. 31. The Commission was and the Records of the proceeding before the Justices of Goale-Delivery are to be returned to the Custos Rotulorum of the County when the same persons are Justices of Goale-Delivery and Oyer and Terminer they may sit the same day and place and enquire by the same Jury but the Entry of the Records must be severall according as the Indictment is At the Assizes in the Countrey the Justices have their severall power as Justices of Goale-Delivery Oyer and Terminer and Justices of the Peace but when the Records are made up they must be according to the power they made election to proceed upon this is the regular and legall course But the Clerks of Assize promiscuously made Entry thereof But if a Wâ—â—t of Errour be brough they must certifie according to Law or else it were erronious and so upon a Certiorar The Sessions of peace at London may begin at Guildhall and there adjourn to Newgate if some Indictments be at Guildhall then these must be so certified if otherwise at wewgate then the Adjournment must be mentioned and that the Indictment was then taken Note that the tryall of Indictments taken before Justices of the peace of London cannot be tryed at Newgate as in nature of a Tryall before Justices of the peace of London for many of the Commissioners for Goal-Delivery are not Justices of the peace for London But in such case the Tryall must be before the Justices of Goale-Delivery as upon Indictment taken before Justices of the peace of London and in like case of Indictment taken before Justices of the peace in Middlesex But if Indictments at Newgate be originally taken before Justices of Goale-Delivery then it is considerable how the Jury sworn and impannelled to enquire at the Sessions of the peace for London or Middlesex serve to present Indictments before the Justices of Goale-Delivery at Newgate unless the custome and usage wâ—l warrant that the two several Juries sworn at the Sessions of the peace for London or Middlesex and also by the same oaâ—â— and impanelling to serve for the Grand Jury for the Com. of Gaole-delivery and Oyer and Terminer Upon conference with Mr. Keeling and the Clerks for Newgate of London and Middlesex and the clerks of Assizes and view of their severall Entries a more mature and certain resolution may be given this being in hast and without such consideration as were requisite CORONERS of their Office and of their Authority And where a man shall Approve and where not And which shall be good Appeals for Approvers and of the answers unto them And where a man shall have Sanctuary and where not And where a man may Abjure and where not NOte that the Office and Authority of a Coroner is to sit super visum corporis of them that die otherwise than by the visitation of God and to take sufficient Record of the view Also to Abjure them that ought to be Abjured and for to record that And also to Record Appeals and Accusations of Felons that approve 22 E. 3. And unlawfully to take Pleas of the Crown and to present them as it appeareth in the Stat. of VVestm the first cap. 10.
Goods see Restitution Subsidy fol. 133. Swans ibid. T TAnners see Leather 3. Testimonial see labourers Theft see Robbery Tillage see husbandry Tilemakers fol. 134. Tinkers see Vagabonds Tipling and Tiplers See Ale-houses 1. oll fol. 135. Tongues sol 136. Transportation ibid. Traverse fol. 138 Treason fol. 139. Treasurer fol. 141. Trespasse fol. 143. Trouts see Fish Turn of the Sheriff see Sheriff V VAgabonds fol. i44 Vessels see Coopers Victuals and victualers fol. i47 Vnlawful Games see playes Vndertake work and not finish see Labourers 8. Vsury fol. i48 W WAges fol. i49 Weanlings see But cher Watch and ward fol. i49 Wax fol. i50 Warren see Hunters 1 2. Weavers see Cloth 4. Weights and measures fol. i50 Wild fowle fol. i52 VVines fol. i53 VVitchcraft see Coniuration Wood fol. 154. Wool ibid. Women see Rape and Labourersie Y YArn fol. 54. 〈◊〉 Resolutions of the Iudges of Assize upon certain Questions touching parishes c. fol. i57 The Iudges opinions concerning the commissions by which the Iustices sit at Newgate c. fol. 177. Coroners of their Office and Authority c. fol. i83 In what cases a man shal have his Clergy and in what not c fol. i89 A briefe SUMMARY OF THE Laws and Statutes Of ENGLAND Alehouses and Drunkenness 1 IF any Inkeeper or any Ale-house-keeper shall suffer any person dwelling in the Towne Village or Hamlet where such Inne or Alehouse is to remaine and continue drinking there other then persons invited by Travellers accompanying them only during their necessary abode there Labouring men and Handicrafts-men for an hour at dinner time and La bourers and workmen which for following their work lodg and victuall in such houses otherthen for urgent occasions allowed by 2. Justices of the Peace he shaâ—l forfeit to the poor there for every such offence proved by two witnesses upon Oath or seen by a Justice of the Peace of that limit 10. s 1 Iac. 9. P. 6. By the Stat. of 7. Iac. 10. he shall be disabled to keep an Alehouse for 3. years after 2. Whosoever shall continue drinking in Inne or Alehouse in the town where he then dwelleth contrary to the Stat. 1 Iac. 9. before mentioned the said offence being proved or seen as aforesaid and presented within Six monthes shall sorfeit and pay to the use of the poor there within a weeke after for every such offence 3. s. 4. d. And if the offender be not able to pay the said forfeiture then he shall be set in the stocks 4. hours 4 Iac. 5. and Poult drunkenness Note that if any Alehouse-keeper shall so continue drinking in the town where he dwells he shall be disabled three years per le Stat. 4 Iac. 5. and 7. Iac. 10. 3. If any Inkeeper or Alehousekeeper c. shall utter or sell less than a full Ale quart of the best Beer or Ale for a penny and of small two quaits for a penny he shall forfeit for every such offence being proved as aforesaid 20. s. to the use of the poore there 1. Iac. 9 Peult Alehouses 7. c. But by the Stat. 7 Iac. 10. he shall be disabled 3. years Whosoever shall be drunk and thereof be lawfully convicted within Six monthes after shall forfeit and pay to the use of the poore there within one week 5. s. and if he be not able to pay it then he shall be set in the stocks six hours and if after that he shall be again convicted of the like offence then he shall be bound with two sureties in 10. l. to be from thence forth-of good behaviour 4 Iac. 5. Poulton drunkenness i 5. Note that such offenders being once punished by the Ecclesiasticall Laws shall not est soons be punished for the same offence 4 Iac. 5. P. Drunkenness 8. 5. Whosoever shall keepe Alehouse without license or contrary to the commandment of two Justices of the peace one of them being of the quorum shall be imprisoned 3. dayes without bayle and before his delivery to be bound by recognizance with two sureties not to keep Alehouse any more as the Justices shall think sit And shall be also fined by the Justices in their open Sessions for every such offence 20. l. 5 6 Ed. 6. 26. The penalty for selling Ale or Beer the persons unlicensed see Brewers 4. An Alehouse-keeper once lawfully put down cannot be allowed again but in open Sessions Juog VVarberton at Camor Assizes 1613. and Dalton 25. 26. tamen quaere 6. If a common Inkeeper or Ale-house-keeper shall refuse to lodg a traveller he ought to be suppressed Dalton 25. Archery 1. ALL persons lacking or not using Bows and Arrows according to the Stat. 33 H. 8 9. except persons excepted by the Stat. shal forfeit the several penalties imposed upon them to the King and Informer so as the suit be commenced against them within a year after See P 1. c. 2. All false makers of Arrow heads shal be punished according to the Stat. 7. H. 4. 7. 3. If the Inhabitants of every Town and place shall not make and continue their Buts as they ought to do they shal forfeit for every month 20. s 33 H. 8 9 Armour 1. IF any persons except the Kings Servants or officers in doing their service and their company aiding them in that behalf shall ride or go armed by day or night or shall bring force in affray of the Kings people before the Kings Justices or otherwise they shall lose their Armour and be imprisoned at the Kings pleasure and may also be bound to the peace or good behavionr 2 Ed. 3. 3. P. 1. 2. To imbezell the Kings Armour Ordnance or Victuals to the value of 20. s it is Felony so as the offender be impeached within a year after 31 El. 4 P. 3. 3. All the Armour Gunpowder and Munition soever of Recusants convict other than necessary weapons shall be taken from them by warrant from four Justices of the peace at their quarter Sessions and yet they shall bee charged with maintaining the same and with buying more in such sort as other Subjects are according to their ability 7 Iac. 5 and P. Recusants 75. Artificers 1. IF any Artificers Workmen or Labourers shal conspire promise or make oathes that they will do their work but at a certaine price or rate or will not finish what another hath begun or shal otherwise conspire for the order of their work Or if any butchers bakers brewers Poulterers Cooks Costermongers or Fruiterers shall conspire covenant promise ot take any oathes that they shall not sell their victuals but at certain prices every of them so ostending being lawfully convicted thereof shall forfeit for the first offence i0 l. to the King and if he do not pay the same within six dayes after conviction hee shall be imprisoned twenty dayes and have only bread and water for his sustenance and for the second offence
he shall be imprisoned without bayle till it be done 43 Eliz. 7. P. Trespass 2. 11. Every Constable and other officer that shall willingly make default in levying such money as they shall be commanded by the Warrants of any Mayor Justices of the Peace c. for the Relief of the poore infected with the Plague shall forfeit for every such oftence ten shilings to the use of the poore infected persons i Iac. 31 and P. Plague 3. 12. If any Constable or other inferiour Officer to whom it shall be given in charge by precept from any Justice of the peace within his Limits shall neglect the due correction of a Drunkard or the due levying of the penalties imposed upon such offenders where distress may be had he shal forfeit ten shillings to the use of the poor of the same Parish 4. Iac. 5. Poulton Drunkenness 2. 13. If any Ale-house-keeper shal be neglected by the Constables or Church wardens not doing their duty in levying of the penalties c. Or in default of distress shall not crucifie such default by the space of two dayes then next ensuing to the Justices within whose limits the offence shal be committed the Constables c. shall forfeit for every such default fourty shillings to the poor 1 Iac. 9. P. Ale-houses 8. 14. If constables and other head Officers shall not make due search Weekly or at the furthest once every month where unlawful Games be and execute the Statute in all things according to the purport of the same shal forfeite for every Month fourty sh 33 Hen. 8. and Poulton Players 6. 7. 8. See who shal have Forfeitures ibidem 15. If the Parson or Vicar of a Town or Parish not corporate together with the constables and Churchwarrdens collecters and Over-seers where any summe of money is or shal be given to be imployed for the binding out of poor children Apprentices or any of them shall forbear wilfully or refuse to imploy such money according to their Duties therein every of them so offending shall forfeit three pounds six shillings eight pence for every such offence the one halfe to the use of the poore and the other halfe to any that will sue 7 Iacobi 3. 19. If constables and church wardens or where there be none the chiefe Constables of the Hundred shal not once every year present the monthly absence from Church of Popish Recusants according to the Stat. of 3 Iac. 4. they shall forfeit for every default twenty shillings 3 Iac. 4. P. Recusants 41. 17. It that Constables do not see Wath duly set and kept from Sun setting till the Sun rising between Ascention day and Michaelmas day and make presentment to the Justices of the peace at their sessions of the default of watches and such as lodge Strangers for whom they wil not answer they shal be fined by the discretion of the Justices VVinch 13. Ed. 1. 5. Hen 4. 3. Poult Watch 1 2. 18. If a Constable being present at an Affray shall not do his best endeavour to part them it being presented at the Sessions he shal bee deeply fined and the Affrayer at the discretion of the Justices he may justifie the hurting of them if they resist may command assistance and imprison the Affrayors in the Stocks til they find sureties of the peace Dalton fol. 28. High Constables SEE the Constables duties in choosing Surveyors of the Highwayes Highwayes i. If the high Constable or other head officer shall not pay the money by him received for the reliefe of prisoners in the Goale at the next quarter Sessions to the persons appointed by the Justices to receive the same he shall forfeit five pound halfe to the King the other to the Prisoners El. 5. i Iac. 25. Poult Prisoners 4. If the high Constable shall not pay at every quarter Sessions to one of the Treasurers of the shire such money as the Churchwardens shal pay to him for the prisoners in the Marshalsey and Kings-bench he shall forfeit for every default 20. s 43 Eliz. 3. P. poor people 14. If the high Constables shal not pay in like manner that money which the petty Constable or churchwardens bring to him for disabled Souldiers he shall forfeit 40. s 43 El. 3. P. captains 18. See churchwardens 3. for the constables neglect herein Correction-houses 1. EVery Justice of peace in the county where there is not a conveient house of correction with convenient backsides and necessary 〈…〉 mplements shall forfeit 5. l. 7 Iac. 4. 2. The more part of the Justices may at any time of quarter Sessions give order for the erecting of houses of correction and for stocks of money and al other things necessary for the same or for the Government thereof 39 〈◊〉 E. 7. 3. Houses of correction are to be purchased conveyed or assured upon trust to such persons as by the more part of the Justices of the peace in their quarter Sessions of the peace shall bee thought fit And such Justices may at their said quarter Sessions next after such houses built and so from time to time appoint Governours or Masters thereof and may make them such allowance and maintainance as they shal think meet And if the Masters of the houses of correction shall not every Sessions yeild a true and lawful account to the Justice of the peace of all such person as they have committed to their custody or if the said persons shal trouble the Countrey by going abroad or escape from such houses of correction the most part of the said Justices in their quarter Sessions may fine the said Masters and Governors as they shall think fit 7. Iac. Coopers 1. THe prices of all Barrels Kilderkins Firkins and other vessels to be sold for Ale Beer or Sope to be uttered therein made or sold out of any City Borough or Town corporate shall be taxed by the Justices of peace or the more part of them being present in the quarter Sessions yearly after Easter at such prizes as they shal think fit and reasonable and if any Cooper shal fel any of the same above such prizes assessed and proclamation thereof made he shal forfeit for every vessel sold at a greater price three shillings four pence to the King and Informer 8. Eliz. 9. P. 1. Iust 79. 2. If any Cooper shall make his vessels for Beer or Ale of unseasonable Woood or shall not make a Beer-Barrell to contain 36. Gallons a Kilderkin for Beer 18. Gallons a Firkin fur Beer 9. Gallons and a Barrel for Ale 32. Gallons a Kilderkin for Ale 16. and a Firkin 8. Gallons of the Kings Standard And if any Cooper shal make any Vessel for Beere or ale to be sold of any greater or lesser number of Gallons than is aforesaid unless he cause it to be marked upon every such Vessel the certain number of Gallons it containeth and
he shall forfeit twenty shillings Ibid. 2. If any person having a Plow-land in Tillage or pasture keeping a draught or plough and shall not finde one waine or Cart furnished to worke eight hours every of the said dayes he shall forfeite for every of the said draughts making default ten shillings Ibid. A Plow-land is so much as one can plow in a year Dalt fol. 53. c. 3. If any of the carriages of the parish shall not be thought needful by the Surveyors to be occupied upon any of the said dayes then such person as should have sent carriage shal send for every such carriage so spared two able men to labour for that day upon paine to forfeit for every man not sent 12. d. 2. 3. P. M. 8. 5 Eliz. i3 29 Ed. 〈◊〉 P. 3. 4. If any housholder Cottager or Labourer having no Plough or draught shall not by himself or some other work eight hours of the said six dayes 〈◊〉 the highwayes he shal forfeit for every default it 〈◊〉 Ibid. P. 4. 5. Surveyors may by their discretion take other mens rubbish stones and gravel upon their grounds for amending the highwaies but must stop the pits again within one month after such diging upon pain to forfeit to the ow 〈…〉 5. Marks 5 El. i3 29. El 5. P. 5. 6. Surveyors may also turn a watâ—â— course being noysome to the highwayes into any mans ground adjoyning Ibid. P. 6. 7. If the hayes fences dikes or hedges neer adjoyning to any highway shall not be diked scoured repaired and kept low and all trees and bushes growing in the same cut down the owners shall pay for every default ten shillings 5 El. i3 i8 El. i0 P. 7. 8. If any Surveyor shall not within one month next after any offence donâ— against the meaning of these Statutes present the said offence to the next Justice of peace he shal forfeit for every offence not presented 40. s And the same Justice not certifying it at the next Sessions 5 El. 13. 29 El. 5. P. 8. 9. If any offender shall obstinately refuse to pay his forfeitures c. within 〈◊〉 dayes after lawfull demand he shal forfeit double the sum he should have payed Ibid. P. 9. 10. If any person being assessed in Subsidue to 5. l. in goods or 40s in lands â—hal not find two able men to yearly 〈◊〉 labour in the highwayes he shal be 〈◊〉 i8 El. i0 P. i2 11. VVhosoever shall occupy a plow-land in tillage or pasture lying in several parishes shall be chargeable to the making of the wayes in the parish where 〈◊〉 dwelleth i8 El. i0 P. i3 12. VVhosoever shall keep in his hands several ploughlands in severall parishes shal be charged with the repairing of the highwayes within the several parishes where the said lands lie 〈◊〉 El. i0 P. i4 13. Every person that shall occupy any Lands adjoyning to and highways where any ditching or scouring ought to be shal ditch and scour in his ground whereby to conveigh the water out of the highway upon paiâ— to forfeite for every rod not so done 12. d. 12 Eliz. 〈◊〉 P. 15. 14. Whosoever shall occupy any la 〈…〉 adjoyning to any highway leading 〈…〉 any Market town and shall cast or l 〈…〉 the scouring of any ditch into the hig 〈…〉 way and shall suffer it to lye there 〈◊〉 the space of six monthes to the anno 〈…〉 ance of the highway shall forfeite 〈◊〉 every load 12. d. 18. Eliz. 10. P 〈…〉 16. Where any soyle hath been so 〈◊〉 into the highway that there is a B 〈…〉 betweeen the said Highway and the Ditch the Surveyors and workm 〈…〉 may make Sluces to convey the wa 〈…〉 into the ditch Ibid. See 2. 3. Pl. M. 8. 18. El. 〈…〉 P. i0 ii i7 15. If any Lord of the soyle shal n 〈…〉 enlarge the highwayes from Market 〈…〉 Market so that no dike bush or Tr 〈…〉 except great be within two hundr 〈…〉 foot of each side thereof for the bett 〈…〉 preventing of Roberies and Murthe 〈…〉 he shall answer for any Felony d 〈…〉 therein and for Murther shall be fined at the kings pleasure Stat. Winche 〈…〉 13 Ed. 1. 5. and P. 18. 18. A remedy where it is not know 〈…〉 〈…〉 ho ought to make or repair Bridges 〈◊〉 H. 8. 8. 5. 1. 2. 3. 4. 5. and 〈◊〉 70. If a man of his owne accord shall â—ake or mend a Bridge this shall no â—nde him at any other time yet if he â—nd his ancestors or any Corporation 〈…〉 ave done it time out of mind although 〈…〉 ot of right yet such continuance shall 〈…〉 nd them and their heirs or successors 〈…〉 id Dalt â—ol 34. If a man make a Bridge for â—asement 〈…〉 his Mill and that decayeth the party or any other shall be charged to repair 〈…〉 is for it is no common passage Dalt 〈…〉 l. 34. Such as are chargeable to repaire 〈…〉 ridges may enter upon any other 〈…〉 ans Land or soyle adjoyning and 〈…〉 ay lay their stone time timber or 〈…〉 ther necessaries for the repairing ther 〈…〉 f and the owner of the lands shal have â—o action against them therefore be 〈…〉 use it is for the common good Dalt 〈…〉 l. 34. Horses THe Justices of peace in their 〈◊〉 ter lessions may enquire of h 〈…〉 and determine all defaults 〈…〉 offences done contrary to the Sta 〈…〉 3â— H. 8. i3 33 H. 8 5. concorning 〈◊〉 keeping and breeding of Horses see 〈…〉 3 4 5 6 7 8 9 10 ii 12. Just 47 〈…〉 Horse 〈…〉 alâ—â—s nor their accessa 〈…〉 before nor after shal not have their c 〈…〉 〈…〉 〈◊〉 Ed. 〈◊〉 33. 3â— El. 〈…〉 P. Cle 〈…〉 Concerning stealing 〈…〉 Horses See faires c. Huy and Cry 1. ALL Huy and Cry ought to be made from town to town a 〈…〉 from countrey to countrey anâ— by horsemen and footmen otherwise 〈…〉 is no lawfull pursuit 27. El. i3 p. i. 9. 2. VVhosoever shal raise Huy and Cry without cause or being raised upon good cause shal refuse to pursue and arrest Felons or such as have dangerously hurt any man shall be fined at the Kings pleasure 3. Ed. i. 9. P. i. 2. Huy and Cry shall be levied against him that will not obey the VVatch in the night VVhat the party robbed ought to do which will take any benefit by vertue of the Stat. of Huy and Cry 27 El. i3 P. 8. i0 Hunters and Hunting 1. VVHosoever shal in the night unlawfully enter c. and hunt take or kil any Conies shall suffer three monthes imprisonment pay to the party grieved treble damage and cost and be bound with sureties to be of good behaviour seven years after 3 Iac. 13. P. Forrests 9. ii 2. VVhosoever shall by night or day unlawfully enter into any Parke
impaled or other severall grounds inclosed for the keeping of Deer and there unlawfull hunt drive or chase out or take kill or slay any Deer against the will of the owner or occupier of the same shall suffer three monthes imprisonment pay to the party grieved ten pound or treble damages and costs at his election 7 Iac. 13. Quaere if he shall not be also bound to the good behaviour for seven years after according to the Stat. 3 Iac. i3 3. To hunt in the night in any Forrest Park or VVarren with Vizors or other disguisements and to conceal the same or any offender upon examination before a Iustice of the Peace or to disobey any arrest for such hunting or to make rescues thereupon is Felony but to confesse the truth is against the King but trespasse fynable by the Iustices at the next Sessions 1 Hen. 7. 7. Poult 4. Iust 16. 〈◊〉 VVhosoever committeth trespass in Parks shall make great amends to the party be three years imprisoned and bound with sureties not to commâ—â— the like offence and be also fined at the Kings pleasure VVestin i. 3. Ed. i. 22. P. Forrests 3. 3. VVhosoever having no Park c shall keep or cause to be kept any D 〈…〉 Hayes or Bustalls shall forfeite for every month tenne pound to any that will sue for it by action of debt c. The like penalty for every time for any that shall stalke or cause others to stalke with bushes or beasts at any Deer without the license of the owner i9 Hen. 7. 1i Poulton 2 3. Iust 35. 6. VVhosoever shall have or keep any grayhound for coursing of Deer or Hare or setting Dogge or Net to take Pheasants or Partridges unless he have inheritance of ten pound per annum Freehold of three pound per annum or is worth in goods two hundred pound or be the sonne of a Knight c. or son and heire of an Esquire c. shall be three monthes imprisoned unlesse he sorthwith pay to the use of the poor there 40. s i Iac. 27. and P. Pheasants 7. If any Artifycer Labourer or other Layman not having Lands or Tenements of 40. s pe annum or any Spirituall person not having Living worth i0 l. per annum shall have or keep any Grayhound Hound or other Dog to hunt or shall use Ferrets Hays Nets Harepipes Cords or other engines to take or destroy Deer Hares Conies or other Gentlemens Games he shall be imprisoned by the space of a yeare i3 R. 2. i3 P. 1. and Iust 36. And if any person not having Lands c. of the cleare yearly value oâ— 40. l. or not worth in goods 200. l. shal shoot with gun or bow at Deer or Conies or shal keep any buckstals or engins hayes gate-nets purse-nets ferrets or coniedogs except Keepers VVarrenners and owners of Parks and can make 40. s per annum of the increase of Conies every man having i00 l. per annum may seize and take and keep to his own use for ever such Guns Bows buckstalls c. 3. Iac. i3 P. F orests i0 See Pheasants 6. See Pheasants 3. See Hawking in Corn 2. Husbandry and Tillage SEE 39 El. i 2 P. i c. Iustice 44. VVhosoever shall offend against the said Statute shall forfeit 20. s for every Acre of land converted from Pasture to tillage whereof one third part to the Kings owne use one other third part to the King for relief of the poore of the Parish and one other third part to any that will sue for it 39 El. 2. P. 24. Note that no offender shall be impeached or sued by vertue of this Act unless such suit be commenced within two yeers after the offence done ibid. P. 26. Indictments and Presentments 1. ALL Indictments and Presentments ought to containe certainty and therfore most commonly five principal things be requisite in Presentments before the Iustices of the Peace 1. The Name Sirname addition of the party indicted 2. The yeer day and place in which the offence was done 3. The name of the person to whom the offence was done 4. The name and value of the things in which the offence was committed 5. The manner of the fact the nature of the offence as the manner of the Treason Murder Felony Trespass vid. Iam. fol. 487. VVhat words not necessary in Indictments See 37. H. 8. 8. P. i. Process against Inditers in another County 5 Ed. 3. 14. P. 5. Indictments of persons dwelling in forreign Counties 8 H. 6. 10. P. 3. Process upon Indictment of Felony See 25. Ed. 3. 14. p. 5. VVhere Iustices of the Peace may charge one Enquest to Indict another 3 H. 7. 1. P. Iurors 9. Iust 45. By what persons and by whom impannelled all Indictments shall be made P. Iurors 7. Indictments taken before Sheriffes in their Turns shall be delivered to the Iustices of peace of the same Shire under the pain of â—0 l. 1 Ed. 4. 2. P. Sheriffs 12. Iustices of peace may award process against them that be indicted in the Turn ibid. p. 13. Informer IF any Informer or Promoter shall compound or agree with any person for any offence against any penall Law without the order or consent of some of the courts at VVestm or shal willingly delay or discontinue his suit once commenced he shal lose 10. l. and stand on the Pillory two hours 18. El. 3. 5. 27. El. 10. P. Action popular Inholders 1 NO Inholder dwelling in any Market Town wherein is a common Baker that hath been Apprentice three seven years shal within his own house make any horse-bread nor dwelling in any other through-faire shall make it insufficiently and not of due Assize upon paine to forfeit the treble value 13. R. 2. 8. 32. H. 8. 41. P. 2. Iust 50. No Inholder or Hostler shall take any thing for Litture nor excessively for Hay nor above a halfe penny in a bushell for Oates above the common price in the Market upon pain to forfeit the quadruple value of that which he shall take more 13. R. 2. 8. 4 H. 4. 25. P. 1. and Iust 50. Inholder keeping misorder see Ale-houses 1. c. Intolements ALL Deeds to be inrolled must be inrolled within six month after the date reckoning 28. days to every moneth and must be indented Revera And if it have no date then within the six monthes after the delivery and if it be inrolled the last day of the six monthes it is good and any one Iustice of the Peace may joyn with the Clerk of the peace in taking the inrolement of an Indenture of bargaine and sale of Lands c. lying in the County where he is Iustice 27 H. 8. 16. P. 1. Jurors Juries and Enquests 1. IF any Iuror in an enquest shal take any thing to make
his presentment favourable he shall forfeit decies tantum 〈◊〉 he have not so much he shall be one yeare imprisoned 34 Ed. 3. 8. 38 Ed. 3. 12. P. 4. 2. If a Iuror be returned without an addition by which he may be known the party that returned him shall lose 5. Marks to the King and as much to the party grieved The like penalty for gathering issues when they are not due 27. El. P. 33. 3â— See more concerning Iurors P. 1. 8. c 3. Iurors to enquire of forcible entry ought to have Lands or Tenements of the clear yearly value of 40. s 8 H. 6. 9. P. 12. 4. Iurors returned to enquire of a Riot Rour or unlawfull Assembly must have Lands in that County of 20. s per annum of Freehold or 26. s 8. d. of Coppyhould ultra reprisas upon every of which the Sheriff ought to return 20. s in Issues for the fyrst day and 40. s at the second day 19. H. 7. 13. P. Riots 14. But if it be upon a Commission then the Iurors ought to have 10. l. per annum at least ibid m. P 6. Labourers 1. IF any Clothier Taylor Shoomaker Tanner Baâ—er Miller c. shall retain any servant to work in his Science or Art for less than a year the Retainer shal be void 5 El. 4. P. 1. 2. VVho are compellable to work in Handy-crafts and Husbandry ibid. P. 2. 3. 3. VVho are compellable to work in Harvest P. 13. 4. If any person shall give any wages contrary to the rates of wages of servants and Labourers appointed and proclaimed he shall be imprisoned i0 dayes without bayle and forfeit 5. l. and every person taking such wages and being thereof convicted shall be imprisoned 2i dayes without bayle 5 El. 4. P. 4. How the wages shall be rated See P. Iust 66. 5. If any person shall put away his servant before the end of the terme without a reasonable cause allowed by a Iustice of the Peace or at the end of his term without a quarters warning before given he shall forfeit 40. l. 5. El. 4. P. 5. And if any servant shall depart without such cause before the end of his term or at the end thereof without such warning given before two lawfull witnesses he shall be imprisoned without bayle till he be bound to the party to serve and continue with him ibidem P. 6. 6. If any person retained in husbandry or other the Arts before mentioned shall after his retaine expired depart out of one Country City Town or Parish to another without a Testimonial declaring his lawful departure he shall be imprisoned till he procure such Testimoniall which if he cannot do within 2i dayes after the fyrst day of his imprisonment then he shal be whipped and used as a Vaggabond ibidem P. 7. And every person which shal retain any such servant without shewing such Testimoniall shall forfeit for every such oftence 5. l. 5 El. 4. P 8. And if any such persons shall be taken with a counterfeit or forged Testimoniall he shal be whipped as a Vaggabod P. 8. 7. How long workmen shall continue at their Labour 5. El. 4. P. 9. 8. If any shall undertake work by the great and shall unlawfully depart before it be fynished he shall forfeite 5. l. to the party from whom he shall so depart and be Imprisoned a month 5. El. 4. P. i0 9. If any Servant VVorkman or Labourer wilfully and maliciously make any assault or 〈…〉 ray upon his Master or Dame or other person having the Charge of such workers or work hee shall suffer one years imprisonment or less at the discretion of the Iustices and such further punishment as they shall think fit not extending to life or limb 5. Ric. 2. P. i2 10. VVomen of the age of i2 yeares and under 40. and unmaried may be compelled to serve 5 Eliz. 4. and P. i4 11. Servants of the age of 18. yeares and not being an Apprentice going away with or converting to his owne use any Money Iewels Plate Good or Chattels of his Masters or Mistris and of his or her delivery to keep of the value of 40. s to the intent to steale the same is Felony 21 H. 8. 7. 5. El. i0 P. Stealing 1. Labourers Servants and Apprentices 12. VVhosoever shal take an Apprentice contrary to the Law shall forfeit for every Apprentice 10. l. 5 El. 4. Poulton 2. 6. 13. VVhosoever shall exercise any art or manuall occupation used 5 El. not being brought up therein as an Apprentice seaven years or shall let any to work in it which is not a workman or Iourney-man by the year or hath served as an Apprentice 7. years shall forfeit for every month 40. s 5 El. 4. P. 20. 14. If any disagreement shall be between a Master and his Apprentice which cannot be reconciled by a Iustice of the peace c. for want of conformity in the said Master then the said Iustice shall take bond of the Master to appear at the next Sessions and upon his appearance and hearing of the matter the Iustices there or four of them at the least where of one to be of the quorum may discharge the said Apprentice by writing uuder their hands and seals or punish him as by their discretions shal be thought meet 5. El. 4. P. 25. An Apprentice cannot be discharged unless by writing How and by whom any money given to any Town for binding out Apprentices shall be imployed see 〈◊〉 Iac. 3. Servants departing into another shire vide P. â—8 Labourers or Workmen conspiring for the order of their work see Artificers Larceny petty Larceny WHosoever shall feloniously take the Goods of another exceeding the value of i2 d. removed from the body or person it is Larceny a 〈…〉 and punishable by death except he be saved by his book But if the thing stolne be under the value of i2 d. it is petty Larceny and not punishable by death but he shall forfeit his goods and chattels Leather Tanner Currier SEE i Iac. 2. and P. 4. A Tanner shall not use any other Trade cutting or working Leather simul semul upon paine to forfeit the hides and skins i Iac. 22. Poulton 5. See i Iac. 22. P. 9. 3. VTho may buy rough hides or Calves skins or tanned Leather not wrought ibidem P. 6. 8. 4. If a Tanner shall raise his hides with any mixtures contrary to the Statute he shal forfeit the same hides i Iac. P. i0 5. VVhosoever shall put to sale or depart with any untanned Leather red and unwrought but in open Faire or Market in the place thereof prepared unlesse it hath been fyrst lawfully searched and sealed according to the Stat. or shall offer to put to sale
upon this Stat. must be commenced within a yeer after the offence 33 H. 8. 9. and P. 7. Players abusing the Name of God forfeit 10 l. for every offence 3 Iac. 21. and P. 6. Poore People 1. VVHo shall be Overseers of the poore of every parish and when and by whom to be chosen together with the duty of such Overseers see 43. El. 2. and Poult 1. 2. If any parish shall not be able to elieve their poore then two or more Justices of the peace whereof one to be of the Quorum dwelling in or neere the same parish or Division where such parish is shall and may tax any other of other parishes or out of any parish within the same hundred to pay such sum and sums as they shall think fit according to the intent of the Law And if the hundred be not able then the Justices of the peace or greater number of them may at their several quarter Sessions Rate any other of the parishes thereunto as they shall think fit 43 El. 2. and P. 3. 3. Whosoever shall refuse to contribute according as they be assessed shall be distrained by Warrant from any two such Justices and in default of distress shall be committed to the common-Goale without bayle til they pay the same and the arrearages 43 El. 2. and P. 4. 4. Such poore as will not work being thereunto a ppointed by the Church wardens and Overseers may be sent to the house of Correction by one or more Justices of the peace 43 El. 2. and P. 4. 5. The greater part of the Justices at their generall quarter Sessions may by the agreement of the Lord of any wast or common set up habitations there for the poore and place Tenements in the same 43 El. 2. and P. 6. 6. Whosoever shall find themselves grieved with any Selle or Tax or other thing done upon the said Statute 43 El. 2. The greater part of the Iustices at their general quarter Sessions shal take such order therein as to them shal be thought convenient which shal conclude and bind all parties 43 El. 2. P. 7. 7. If the Father Grand-father mother Grand-mother and Children being of a sufficient ability shall not relieve their poore and impotent Parents and Children in such manner as they shall be assessed by the greater part of the Justices at their general quarter sessions every of them failing therein shal forfeit for every month 20. s 43 El. 2. P. 8. 8. If a Parish lie within two Counties or part within a liberty and part without the Iustices shal deale and intermeddle only with so much of the said Parish as lyeth within their limits concerning the nomination of Over-seers c. 43 El. 2. P. 10. 9. If the Iustices of peace within their divisions shall not nominate Overseers of the poore in every parish according to the Law every of them making default shal forfeit for every such default 5. l. 43 El. 2. P. ii which shall be to the use of the poore of the same pirish and be levyed by warrant from the generall Sessions ibid. 10. How the forfeitures menmentioned shall be levyed and imployed see 43 El. 2. P. 12. 11. The Iustices of Peace or the more part of them at their generall quarter Sessions next after Easter shall rate every parish to a weekly sum not above six pence nor under a halfe penny nor the total sum of such taxation on the Parish to be above the rate of two pence for every parish in the County for reliefe of the Prisoners in the Kings Bench Marshalsey Hospitals and Alms houses in the County and shall also rate the sums to be sent to every of these places and elect a Treasurer for that purpose and punish him that refuseth 43 El. 2. P. 13 14 16. If any able person threaten to run away and leave their families behind upon the parish they shall be punished as Vagabonds 7 Iac. 4. see Vagabonde Preachers and Ministers of the Church 1. VVHosoever shall of p 〈…〉 pose malitiously and contemtuously molest or by any means hinder or misuse any Prea 〈…〉 lawfully authorised in any his open Sermon or Preaching in any Church or other place used and appointed and his aiders procurers and abettors shall be three months imprisoned and further to the next quarter Sessions and then upon his reconciliation before them shall be delivered out of prison upon sufficient bayle for his good behaviour to be taken by the said Justice for a whole year after 1 M. 3. P. 1. 2. Whosoever shall by any contemptuous words or advisedly in any otherwise deprave despise or revile the blessed Sacrament of the body and blood of Christ shall be imprisoned and fined at the Kings pieasure 1 Ed. 6. 1. 1. El. 1. P. Sacrament 1. and Justices of peace 8. 3. If any Parson Vicar or other Minister shall refuse to use the Common prayers or to Minister the Sacraments according to the book of Commyn prayer or wilfully standing in thâ— same shal use any other form in openâ— prayers or in administration of theâ— Sacraments or shall speak any thing in â—erogationâ— of the said booke or any part thereof and shall be thereof lawfully convicted shal for the first 〈…〉 ence forfeit to the King the profit of his spiritual promotion for a year and be six monthes imprisoned without Bayle and for the second offence be ipso faâ—â—o deprived of such promotion and be imprisoned a year and for the third offence to be ipso facto deprived of such promotion be imprisoned during his life But if he have no such promotion then for the first offence he shal be imprisoned a yeare without bayle and for the second offence during his life 1 El. 2 P. Sacrament 2. 3. 4. Whosoever shall in any Play Song or ryme or by any open Word speak in derogation of the said Booke or of any thing therein contained or shall cause or maintaine any Parson Vicar or Minister to say any Common prayer or to minister any Sacrament in other manner then after the said book or shall interrupt any Parson Vicar or ministers to say any open prayers or to administer any Sacrament according to the said booke and shall be thereof lawfully convicted shall forfeit to the King for the first offence 100. Marks to be payed within six weekes and in default of such payment to be imprisoâ—ed six months without bayle and for the second offence 100 Marks to be payed within the said term or to suffer imprisonment twelve monthes without bayle and for the third offence all his goods and chattles and be imprisoned during his life 〈◊〉 El. 2. P. Sacrament 4. Such offenders shal ' be indicted at the next generall Sessions after the offence committed ibid Poultâ—n 6 7. Also if such offenders shall be punished by the Ordinary and have a Testimonial thereof under his Seale they shall not be estsoons
punished by the Iustices Ibidem and Poulton 6. 7. Whosoever shall say or sing Mass and be thereof lawfully convicted shal forfeit 200. Marks and be imprisoned a year and from thence til he pay the said forfeiture and whosoever shal willingly hear mass shal forfeit â—00 marks and a years imprisonment 23 El. 1. P. Sacrament 11. If any person Vicar c. shall grant a Licence for eating Flesh to any person other than such as plainly appear to have need thereof such licence shall be void and such Parson or Vicar shall forfeit for every such License otherwise granted five markes 5 El. 5. 〈◊〉 P. Fish dayes 3. If any Parson Vicar or â—urat shall â—ake above 4. d. for entring into the church book the Licence of a sick person to eat flesh upon fish dayes it is exâ—ortion 5 El. 5. P. Fish dayes 3. If any parson c. shall take above two pence for Registring a Testimonial â—f any Servant departing from one place to another it is extortion 5 El. 4. P. Labourers 7. If the minister of every parish shal not keepe a Register-booke and there 〈…〉 enter the substance of every Testimonial made for Rogues whipped within his parish he shal forfeit for every default 5. 〈◊〉 39 El 4 and P. Vagabonds 3. The duty of parsons c. in binding oâ—â— Apprentices and in imploying of the money given to such uses 7 Iac. 3 Prison and prisoners 1. IF any keeper of prison or under-keeper shal by dares or pain compel any his prisoners to become an approver against his will he shal be adjudged a Felon 3 Ed. 3. 10. P. 2. 2. Whosoever having authority of keeping of Goale or of prisoners for felony shall certifie the names of every prisoner in his keeping and of every person to him committed for any such causes at the next generall Goale delivery in every County or Franchise where any such Goale is upon paine to forfeite to the King for every default 5 l. 3 H. 7 3. P. 3. 3. The most part of the Iustices of peace of every shire may at their generall quarter Sessions rare and tax every parish within the said shire at such reasonable summes of money for and towards the reliefe of prisoners in the common Goal of the County aforesaid as they shall think convenient by their diferotions so that the said 〈…〉 tion do not exceed above six pence 〈◊〉 eight pence by the week out of cr 〈…〉 parish 14 El. 5. P. 4. Reliefe of Prisoners in the Ma 〈…〉 sey and Kings Bench vide P. 〈◊〉 11. 4. Breaking of prison by one being in there for felony or by any under Arrest for Felony as well with 〈…〉 prison as within is Felony 1. Ed. 2. l P. 5. 5. If any Sheriffe or Bal 〈…〉 〈◊〉 willingly suffer any Prisoner for Fe 〈…〉 ny to escape or if any shall rescue s 〈…〉 a Prisoner it is Felony vide D 〈…〉 fol. 238 239. 6. A Prisoner shall be conveyed 〈◊〉 the Goale at his owne charge if he have ability if not the parish shall be charged 3 lac 10. P. 7. 8. A prisoners goods shall not be seised ill he be attained P. Sheriffes 14. Removing of prisoners see removing 9. No Iustice nor Iustices shall let to bayle any persons forbidden to be hailed by the Stature 3 Edw. 1. upon paine to be fined by Iustices of Goale-delivery 1. 2. P. M. p. Iustices of peace 106 8. No prisoner which before was outlawed nor he which hath abjured nor any approver nor he which is taken with the manner nor he that hath broken prison nor a Theefe openly defanied and known nor he which is appealed by an approver so long as the approver liveth except he be of good fame nor he which is taken for burning of a house feloniously or for false money or for counterfeiting the Kings Seale nor any excommunicate person taken at the bishops request nor hee which is taken for a manifest offence or for treason touching the King 3 Edw. 1. 15. nor he which shall confess a Felony or Manslaughter before the Iustice upon his examination vide Dalt fol. 285. where bayle is taken away by particular statutes for misdemeanors 9. Such as be indicted of Larceny by Enquests taken before Sheriffes of bayliftes by their office or of light suspition or for petty Larceny that amounteth not to the value of 12. d. if they were not guilty of some Larceny before or guilty of some receiving Felons or Theeves or of commandment or force or of aide in Felonies done or guilty of some other trespasse for which one ought not to lose life or member and a man appealed of an approver if he be no common Theefe nor defamed shal be let to bayle by sufficient sureties s Ed 1. 15. P. mainprise 2. It seemeth also by Dalton that persons taken upon suspition of burglary Robbery or Theft if they be not of evil Fame and also Accessaries may be let to bayle vide Dalton sol 274. 10. Whosoever shal with-hold prisoners baileable after they have offered sufficient baile shall pay a grievous sine to the King and whosoever shall take reward for the deliverance of such shal pay double to the prisoner and be amarced as aforesaid VV. 1. 3 Ed 1. 5. P. mainprise 6. One Iustice of the peace may baile a prisoner if it be not in case of felony or the like or except some particular Stat. shal otherwise prescribe Dalt fol. 33. No person for manslaughter or felony or suspition of either being baile able by Law shal be let to baile or mainprise by any Iustice of the peace if it be not in open sessions except it be by two Iustices of the peace at the least present together at the same time of bailement whereof one to be of the quorum who before such prisoner be bailed shall also take the examination of the prisoner and information of them that bring him of the fact and circumstances thereof in writing which together with the bailement they shal certifie under their hands at the next Gole deliverie upon paine to be fined for every offence by the Iustices of Goale delivery i 2. P. M. 13. P. Iust 106. Purveyors 1. PUrveyors shall agree for the things they take and shal shew their Commission upon pain to lose their offices 28 Ed. 1. 2. P. i. 2. If any Purveyor shall take any thing of any ma 〈…〉 〈◊〉 〈◊〉 to spare him and he therefore attained at the partied suite hee shall yeeld up to the party grieved treble damages and be two years imprisoned 36 Ed. 3. 3. P. 14. 3. If any Purveyor shal take corn by any other measure than by the striked bushel or by any other than eight such bushels to the quarter or shall take carriage thereof without making ready payment he shall forfuite to the party grieved and be one
yeare imprisoned 22 Edw. 3. 14. and 〈◊〉 16. 4. If any Purveyor of the King shall take any thing of the value of forty shillings or under without ready payment he shall pay the value to the party grieved and lose his office 2. H. 4. 14. P. 22. 5. If any Purveyors of Timber shall sel for the Kings use any Oaken Timber tree meet to be Barked but onely in barking time other than Trees for building or repairing the kings houses or ships or shall take any profit by the lops tops or Barke of any Trees taken by him or shall take from the owner any more of any tree then onely the timber of the same Tree shee shall forfeit for each c. to the party grieved 4◠〈◊〉 1 Iac. 22. P. Leather 24. 6. Purveyor sshall not fell trees growing about a mans house upon paine to forfeit to the party treble damages be imprisoned a yeare and lose his office 25 Ed. 6. P. 8. To make Purveyance without warrant 28 Ed. 1. 2. 20. R. 2. 5. P. 9. To take more Sheep before share time then be sufficient 25. Ed. 3. 15. P. 9. To make purveyance without lawful apraisement 5 Ed. 3. 2. P. 17. To take more than they deliver to the Kings house 36 Ed. 3. 4. and P. 18. To take Purveyance in other manner than is comprised in the Commission 36 Ed. 3â— 2. P. 19. Note that the Iustices of the Peace shall deliver the Dockers of purveyors to them delivered according to the Stat. 2 3. P. M. 6. P. 28. No subjects Charter shall take any thing against the owners will upon paine of imprisonment 23 H. 6. 14. P. 1. Rape 1. IF any shal Ravish a Maid Widdow or VVise above ten yeares of age against her wil though she consent after it is felony 13 Ed. 1. 34. P. 1. 2. If any shall carnally know and abuse a woman child under ten years of age though she consent before it is also Felony and without Clergy is El. 6. P. 2. 3. If any shall take a Maid VViddow or VVife having lands or goods or being heite apparent to any against her will unlawfully other than is VVard or Bondman it is felony both in him and the procurers Abettors and Receivers knowing the same 3. Hen. 7. i. Poulton VVomen 12. Recusants Iesuites 1. WHosoever shall willingly receive relieve comfort aid or maintain any Iesuite Seminary Priest knowing him to be so shal be adjudged a felon and not have Clergy 27 El. 2. and P. Iesuits 3. 2. VVhosoever shal conceale his knowledg of them and shal not within it dayes after such knowledg discover the same to some Iustice of peace or other high officer shall be fined and imprisonned at the Kings pleasure And it such Iustice or other such Officers shall not within 28. dayes after give information thereof to some of the kings privy Councel he shal forfeit â—00 marks 27. El. 2. and p. 10. 3. VVhosoever shall willingly retaine and harbour any person not repairing to some Church Chappell or usual place of Common prayer to hear divine service by the space of a month together not having a reasonable excuse other then his Father or mother not having other sufficient maintenance or the ward of any such person or any person committed to the custody of any by authority or shall retaine or keep in service fee or livery any not repairing to som church c. by the space of a month together shal forfeit for every month 10. l. 3 Iac 4. P. 51. 4. Whosoever shall keep or maintain any Schoolmaster which resorteth not to the Church nor is allowed by the bishop or Ordinary of the Diocess he shall forfeit for every month so keeping him 10. 〈◊〉 And such Schoolmaster shall be imprisoned for a year 〈…〉 without baile and be disabled c. 23 El. 〈◊〉 P. 2. 5. A Recusant not conforming himself shall abjure the Realm and the Iustices before whom such abjunation is made shal presently record the same and certifie it to the Iustices of Assize at the next Assizes after 35. Eliz. i. 〈◊〉 B. i9 The penalty for a conformed Recusant which shal not receive the Sacrament c. 3. Iac. 4. P. 40. Popish Reliques shall be defaced at the general Sessions of the peace 3 Iac. 5. P. 74. The penalty of such as come not to Church every Sunday and Holyday see Church 3. P. 50. Felony in Recusants see Poultes i9 3. Removing prisoners or Records ALL Writs of Habeas Corpus or Certiorari to remove any Record or any Prisoner out of any Goale must be signed with a Iustices hand of the same Court i. 2. P. M. i3 and Poult i. Rescues Whosoever shal disturb or hinder by Rescues or otherwise the execution of the Statute of Rogues or of the poor shall forfeit for every offence 5. l. and be Bound to the good behaviour 39 El. 4. P. Vagabonds 5. To Rescue one for Felony is Felony Dalt fol. 238 and 239. Restitution 1. IF any Felon of goods money or chattels taken from any of the kings subjects shall be indicted arraigned and found guilty thereof or otherwise attainted by reason of evidence given by the party robbed or the owner of the said goods mony or chattels or by any other by their procurement then shall such party or owner be restored thereunto and the Iustices before whom such finding guilty is shal have power to award writs of restitution thereof zi H. 8. ii P. i. vide plus Dalton i85 2. If a man pursue and take a Felon that hath stolne his goods and then taketh his goods again and suffereth the Theefe to escape he is no accessory for he may in initio agere civiliter or 〈…〉 minaliter at his pleasure tamen quaert But if he took his goods againe to favour the Felon it is Theft but quaere if it be not Felony et vide Terms of the Law fol. i8 4. If upon Huy and Crie a man do arrest a Theefe that hath stoln another mans goods and from the said Felon do take the good and so let him goe this maketh him an accessary if not principall Dalt 253. Receiving or buying stolne goods TO receive or buy stolne goods knowing they were stoln maketh not an accessary unless he receive or aide the Felon himself quaere vide Dalt ibid. If a stranger buy such goods for a valuable consideration it is less dangerous ibid. Riots Routs and unlawful Assemblies THe Justices of peace which dwel neerest in every County where riot shal be together with the Sheriffs or under sheriffs of the same County shall do execution of the Statute of Riots within a month after every one upon pain of 100. l. 13. H. 4. 7. P. 2. 5. Note that the King shall bear their costs sustained in the
execution thereof 2. H. 6. 8. P. 10. In Riots Routs and unlawfull Assemblies these circumstances are to be considered viz. 1. The number of the persons assembled 2. The intent and purpose of their meeting 3. The lawfulness or unlawfulness of the act 4. The manner or circumstance of doing it To make a Riot Rout or unlawful Assembly three persons at the least must be gathered together If three or more shall come or assemble themselves together to the intent to any unlawful act with force or violence against the person of another his possessions or goods although they after depart of their own accord without doing any yet that is unlawfull Assembly If after their first meeting they shall ride go or move forwards towards the execution of any such Act this is a Rout. And if they do execute any such thing indeed then it is a Riot 2 If any Riot Rout or unlawfull Assembly be made three or two Justices of the Peace at the least and the Sheriff or Undersheriffe shall arrest the offenders and record that which they shall finde done in their presence against the Law and such offenders shall be convicted by the Record in manner and form as it is contained in the Stat. of forcible Entries 17 R. 2. 〈◊〉 13. H. 4. 7. P. See forcible Entries 2. 3. If such offenders be departed before the comming of the said Justices and Sheriff they shall diligently enquire within a month after and the same shal hear and determin according to the Law And if the truth cannot be found then within a month next after they shall certifie before the King and his Councel of the whole fact and circumstances thereof 13. H. 4. 7. P. 2. 3. Note also that if the offenders shall traverse the matter so certified the same Certificate and Traverse shal be sent into the Kings-bench to be tryed ibidem 4. Rioters attainted of great and heynous Riots shall have one years imprisonment as the king and his councel shall think good 2 H. 5. 8. and P. 10. 5. Each man being able to travel shal help to repress riots upon paino of imprisonment and fine 2 H. 5. 8. P. 12. 6. The sheriffe having a precept directed to him shall return twenty four persons dwelling in the Shire where the Riots c. shall be committed whereof every of them shal have Land and Tenements within the said shire to the yearly value of 20. s of Charter land of freehold or 26. s 8. d. oâ— Copyhold or of both above all charges to enquire of the said riot c. and shall return upon every of them in isâ—â—res at the first day 20. s at the second day 4 〈…〉 under the pain of 20 〈◊〉 9. H. 7 13. P. 14. 7. If by reason of Maintenance or Embracery of Jurors a Riot c. is not found the Justices and Sheriff besides such certificate that they be hound to make according to the said Statute 13 H. 4. shall in the same certificate certifie the names of the Maintainers Embracers with their misdemeanours upon pain to forfeit 20. l. and imprisoned at the discretion of the Justices 19 H. 7. 13. P. 15. 8. If any persons above the number of two and under twelve being assembled shal intend unlawfully with force to murder or slay any wan or to cut or cast down any inclosure or banks of any fish ponds or to do any the deeds mentioned in the Statute hereafter named and shall not depart upon proclamation but shall attempt to do any of these things they shall be imprisoned a year without bayle and pay treble damages and costs to the party grieved 1 M. 12. 1 Eliz. 16. Poulton 20. 9. If any person being moved to make commotion or infurrection or rebellious assembly shall not within twenty four hours after disclose the same to a Justice of peace or to a Sheriffe or if any person shall stir or proeure any other to make such assembly he shall be three monthes imprisoned without bayle unless he shall be discharged by three Justices of the peace whereof one to be of the quorum of the same shire where the offence shall be commited 1 M. 12. 1 Eliz. 10. P. 24. 30. 10. The raising of unlawfull assemblies to the number of twelve or forty and not to depart within an hour being commanded by proclamation and also the relieving of any such persons is felony i M. i2 1 Eliz. i6 P. 17 i8 19. 28. 31. Robbery Theft THeft is the taking away of another mansgoods with an intent to steal them against the wil of the owner and is of two sorts Robbery and Larceny Dalt fol. 226. Robbery is the felonious taking of any thing from the person of another or in his presence against his will and putting in fear thereby and for which the offender shal suffer death without Clergy Dalton fol. 227. 3. Robbers in or near the highway shal not have Clergy how much or how little soever they take away 1. Ed. 6. 2. P. Clergy 131. Nor he which robbeth any house by day or night any person being in the same or thereby put in fear nor he which robbeth any person at any part of his dwelling the owner his wife children or servants sleeping or waking within the precinct thereof Nor he which robbeth a Tent or Booth in fair or Market the owner his wife children or servants being within the same Nor he which robbeth any dwelling house or out-house thereto used in the day time though no person were therein of the value of five shillings or above Nor he which doth feloniously take goods out of any Church or Chappell see P. Clergy 13. Rome AGainst such as maintain the Authority of the Bishop of ROME see 5 El. 1. P. 1. 2. Against such as give or take absolution by any Bulls from ROME or shall obtain or get from the said bishop any manner of bull writing or other instrument or shal bring into this Realm any tokens or things called by the name of Agnus Dei or any Crosses Pictures Beads c. and their ayders see 13. El. 2. P. 2 3 4 5. 3 Against such as withdraw any from their obedience to the King and their Ayders see 32. El. 2. Poulton 7. 8. 4. Against such as extol any forraign power c. see 1. El. 1. 5 El. 1. P. Crown 2 6 7 8. 5. Against such as depart out of the Realm to ferve any forraigne Prince 3. Iac. 4. Poult Recusants 48. Sewers 1. THe Just of peace in their quarter Sessions may administer the oath to any Commissioner of Sewers according to the Stat. 23 H. 〈◊〉 5. P. 3 4. 2. Six Justices of the peace two of them being of the quorum may for a whole year after expiration of a Commission of Sewers execute
the laws of the Commissioners of Sewers unless that a new Commission of Sewers be published within the year 13 El. 9 P. 16. Sheep 1. VVHosoever shall bring send or receive into any ship or bottom any rams sheep or lambs being alive to be conveyd out of the Kings Dominions or procure the same shal for the first offence forfe it all his goods for ever to the king and Informer and be imprisoned one year without bayle and then in some open Market in the fulness of the Market on the Market day have his left hand cut off and the same to be nailed up in the open place of such Market and for the second offence it is Felony 8 El. 3. P. 1 2 Just 15. 2. No person shall keep above 2000. sheep reckoning after sixscore to the hundred upon pain to forfeit for every sheep more 3. s 4. d. to the king and informer 25 H. 8. 13. P. 3. Just 15. Sheriffs 1. IF a Sheriff or any of his Ministers which by force of the Green Wax do levy the kings debts shall not shew to the party indebted the estreats sealed and Tor the same which is paid whereby the debt is another time demanded of the same person he shall pay to the party grieved his treble damages and make fine to the King 42. Ed. 〈◊〉 9. 〈◊〉 Estreats 2. Just 88. 2. If any Estreats of Issues hath been gathered of any person other then such as by vertue of the said Estreat was of right chargeable or charged therewith the offender shal forfeit to the King five Marks and as much to the party grieved 27 El. 7. 39 El. 18. P. Jurors 34. Just 99. 3. In every Estreats of Issues against a Juror his addition shall be put Ibidem 4. Justices appointed to oversee the Sheriffs Estreats shall be named at the generall Sessions after the Feast of Saint Michael by the Custos Retulorum or in his absence by the eldest of the Quorum 11. H. 7. 5. P. Sheriffs 18. 20. 5. Sheriffes shall make no Estreats until two Justices have made the view of them which estreats shall be indented and the Justices have one part 11 H. 7. 15. P. 14. 18. 20. 6. Sheriffs must certifie the Indictments found in their turn or Law day to the Justices of Peace at the next Sessions of the Peace in the County under the pain of 40. l. 1. of Edw. 4. 2. P. 12. The Justices shall award Processe against those which be indicted in the Sheriffes Turne Ibid. Poulten 13. Extortion in Sheriffe soe P. 5 6 c. Subsidie IF any person that ought to be set to the Subsidy shall by craft or covin escape tamation and that be proved before two Justices of the peace of the County he shall be charge d double so much as he ought to have been and be further punished at the discretion of the said Justices 7. Iac. 22. Swannes IF any person or other to his use use shal have or possess any mark or game of Swans of his own not having Freehold of five Marks per annum above all charges any other subject having Lands of that value may seize the said Swans as forfeited to the king and himself 22 Ed. 4. 6. P. 1. The penalty for taking or destroying Swans Eggs in their nest see Pheasants c. P. Hawks 3. 11 H. 7. i7 Tile-makers 1. IF tile-makers shal not dig and cast up their earth for Tile til after the first of November or shal not stir and turn it til the first of Febr. following or shal not work it before the first of March following or shall not work and try it from stones veins and chalk or shall make or put to sale any plain Tile under ten inches and a halfe in length six inches and a quarter in the breadth and halfe an inch and halfe a quarter in thickness with convenient deepness or any gutter tile under ten inches and a half in length with a convenient thickness breadth and deepness they shall lose the double value to the buyer and a fine to the king that is to say for every hundred of plain tiles five shillings for every hundred of rough tile six shillings eight pence and for every hundred of corner tiles two shillings and after that rate for more or lesser i7 Ed. 4. 4. Poult i 2 3. 2. If the Searchers appointed for the oversight of the true making of Tile shal not do their effectuall diligence therein shal lose for every default ten shillings ibidem and Poulton 5. and Just 97. Toll 1. IF any Miller shall take excessive Toll or by heaped measure he shal be grievously punished 3 Ed. i. P. 2. Toll for Horses see Faires Tongues Eyes 1. TO cut out the Tongues or put out the Eyes of any of the kings liege people out of malice prepenced is Felony 5 Hen. 4 5. P. 1. Transportation 1. THe prohibition of transporting corn is to be made by the most part of the Justices of peace at their quarter Sessions 13 El. 13. P. Corn 7. 2. Whosoever shall against proclamation thereof made transportor carry out of this Realm any Corn Graine or Mault growing or made here of Beere Butter Cheese or Wood in any vessels except to Barweck or the Marches thereof without sufficient authority or any sea-fish or Herring 〈…〉 not taken by a naturall borne Subject here or shall by any means convey 〈◊〉 willingly consent to convey any of the said things to any vessel being on the sea or any place or haven of this Realm to be transported over sea or into Scotland without sufficient authority or if any person having licence to convey any of the said things shal fraught or lade his vessel or any part thereof at any more places than one only the owner of the vessel shall lose it the owner of the victual shall lose the double value and the Master and Marriners their goods and have a years imprisonment 1 2. Ph. M. 5. 13. Eliz. 11. 13 Poulton Corn 1. Iust 27. 3. It is lawfull to transport Corn and Grain when the prizes be allowed reasonable until it be restrained again by the kings proclamation 1 Iac. 25. P. Corn 6 7 8. So may Beere be transported when Mault is not above sixteen shillings the quarter 3. Jac. 11. P. Corn 6. Traverse 1. THe liberty of Traverse is commomonly restrained to indictment of Trespasses Centempts Riots and other inferiour offences 2. To Traverse an Indictment is to take Issue upon the chiefe matter thereof which is none other to say than to make contradiction or to deny the point of the Indictment As in a presentment against A. for a Highway overflowing with water for default of scouring a ditch which he and they whose Estate he hath in certain land there have used to scoure and cleanse A. may
A briefe SUMMARY OF THE LAVVES and STATUTES OF ENGLAND So far forth as the same do concerne the Office of Justices of the Peace Sheriffs Bayliffs Constables Churchwardens and other Officers and Ministers of the Commonwealth Together with Divers other Matters not onely acceptable for their rarity but also very necessary for their great use and profit for all persons but especially for such as bear Office in this Common-wealth Collected by Nicholas Collyn of the Honorable Society of Lincolns-Inne Esquire and sometimes Reader there and an ancient Iustice of the Peace Quorum in the County of Middlesex and one of the four Pleaders of the honorable City of LONDON LONDON Printed by T. L. for Mathew VValbancke at Grayes-Inne-Gate 1655. TO THE READER THis abridgement of the Laws and Statutes following was Penned by one that was an ancient Iustice of the Peace in the Country which he did for his own convenience and ease it being more plain and ful and yet more briefe and compendious then any abridgments that are in Print and an easie Pocket-book to be carried about with facility as occasion may be offered containing in few words most plainly fully the effects meanings of al laws Statutes that concern the Iustices of the peace either in their Sessions or out of the same or that do concern the offices of Sherifs Mayors Baylifs Constables Churchwardens Overseers for the Poor Surveyors of the High-ways and al other officers and ministers of the Peace and Common-welth This manuscipt w th som others wereleft by the Author or Collector with som of his neerfriends who are redy wiling according to his mind to make the same more comon that so it may be the more useful to al officers and Magistrates that have occasion to inform thēselvs what the substance of the Law and Statuts are that so they may per form their several offices and duties in such manner as they ought to do The penner here of did it the first for his own particular use not once intending any other thing but when some of his intimate friends who bore office in the Common wealth had once the knowledg of it and had perusedit they would never be vvithout it but made more use of it for a help to their memory than of any Printed Booke whatsoever And as it was profitable to som few so it may by the publishing of it be to many more for the future THE TABLE ALehouses c. fol. 1. Abjurgation see Recusants 5. Affray see Constables 18. Agnits Dei see Rome Apprentices see Labourers 11. Archery fol. 4. Armour fol 5. Arrow-heads see Archery 2. Artificers fol. 6. Assize of Bread and drink fol 8. B BAdgers c. fol. 9. Bark fol. 10. Barator ibid. Bailment see Prisoners 7. Bakers see Assize and Artificers 1. Bastardy fol. 11. Battery see Assault Beggars see Vagabonds Bigamy see Matrimony Bowyers see Archery Brasier see Pewter Brewer fol. i3 Bridges see high wayes 16. Buckstalls see hunters 5. Buggary and Burglary fol. 14. 15 Burning of houses fol. 10. Butchers fol. 16. Buts see Archery 3. C CAlves see Butchers 5. and Milch-kine Captaines c. fol. 18. Cattle see Forestallers 5. Certiorari see Removing of prisoners c. Champertors see Maintenance 2. Chance-Medly see Manslaugh ter Church and Church-yeard fol. 20. Church wardens fol c. 22. Clergy fol 24. Clerk of the Market fol. 25 Cloth ibid Confederacy see Masons Conjuration fol. 27. Constables fol. 29. High wayes fol 36. Cooke see Butchers Correction-house fol 37 Coopers fol 38. Corn fol. 40. Coroners ibid. Cottages and Inmates fol 42 Counterfeiting Letters and Tokens fol. 43. Crosbowes see Guns Currier see Leather Cutting out tongues see tongues Cutting of a pond head see Fish 3. Cutpurse fol. 43. D DEere see Hunters Dyers see cloth Disturbing see Preachers 1. Dogs see Hunters Drunkenness see Alehouses 2 4 Ducks see Pheasants 3. E EGs of Wild fowl see Wild-fowle Egyptians see Vagabonds Eyes see Tongues Escape fol. 44 Escheators fol 45 Estreats see Sheriffes 1 2 Evesdroppers see Good-behaviour Extortion fol 46 F FAlse Tokens see Counterfeitors Faires fol. 47 Pheasants fol. 49 Ferrets see Hunters Fighting see Church Fish and Fishers fol 52 Fish dayes and eating of Flesh fol. 54. Force and forcible Entries fol. 55. Forestallers fol 56. Forgery fol. 59 Forraigne power see Rome Fowle see Pheasants 3. G GAmes see Playes Goale see Prison Goldsmith and Gilding fol. 60 Good-behaviour ibid. Grayhound see Hunters 6 Guns fol 61. H HAbeas Corpus see removing of Prisoners Hares see Pheasants 36. Harvest see Labourers 3. Hawks and Hawking fol 64. Hay and Oats see Inholder Hedge breakers see Trespasse Herons fol-66 High waies fol. 67. Horses fol. 72. Horsbread see Inholders House-Doves see Pheasants Huy and Cry fol. 72. Hunters and hunting fol. 75. Husbandry and Tillage fol 78. I IEsuits see Recusants Imbracery see Maintenance Indictments fol. 79. Informer fol. 80 Ingrosser see Forestallers Inholders fol. 81. Inmates see Cottages 3. Inrollments fol. 81. Issues see Jurors 2 Iurors fol. 82. L LAbourers and servants and Apprentices fol. 83. Larceny fol. 88. Leather ibid. Lying in wait see Assault 3. Linnen-cloth see Cloth 5. Liveries and Retainers fol. 92 Logwood see Dyers M Mayme fol. 92. Maintenance fol. 93 Manslaughter fol. 94. Mariners see Captaines 4. Masons fol. 99. Market see Faires Masse see Preachers 7. Matrimony fol 99. Malt fol. 96. Milch-kine fol. 97. Miller see Toll Minister see preachers Misprision see Treason Mortuary fol. 98. Murder see Manslaughter Musters see Captaines 2. N NEts see Fish and Hunters 6. Night-walkers see Good-behaviour Nusances see High waies 6. 7 14 O OFficers see Constables and Church wardens Ordinary fol. 100. Overseers of the poore see Church wardens P PArliament fol. 200. Park see Hunters Parson vicar c. see preacher Partridges see pheasants Perjury fol. 101. Petty Treason ibid. Petty Larceny see Larceny Pewter and Brasse fol. 102. Pigeons see pheasants 3. Plague fol. 102. Playes fol. 103. Ponds see Fish Pope see Rome Poore people fol. 104. Poysoning see Manslaughter Preacher fol. 108. Priests see Recusants Premunire see Treason Presentment see Indictments Prison and prisoners fol. 111 Promoter see Informer Prophesying see Conjuration Purveyors fol. 116. Putting out Eyes see Tongues R RApe fol. 118. Recusants fol. 110. Regrators see Forestallers Removing prisoners c. fo 121 Repaire to the Church see Church 4. Rescues fol. 121. Restitution fol. 122. Retainers see Maintenance Riots Routs c. fol. 123. Robbery fol. 128. Rogues see Vagabonds Rome fol. 129. S SAcrament see preachers 2. Salmons see Fish Schoolmaster see Recusants Seale see Weights Searcher see Leather 1. 2. c. Seed Corn see Corn. Seminaries see Recusants Servants see Labourers Setting Dogs see Hunters 6. Sewers fol. 130. Sheep ibid. Sheriffe fol. 131 Shoommaker See Leather 17 Shooting see Guns Sope vessels see Coopers Souldiers see Captains c. Spinsters and carders see cloth 4. Stock of the county see Treasurer Stolne
vessel made 3. s 4. d. to the King and the Informer 23 H. 8. 4. 2. If any Beer Brewer or Ale brewer shal sel his drink at higher prizes than shall be appointed by the Justices of the Peace c. he shall forfeit for every Barrell so sold six shillings for every Kilderkin three shillings and four pence for every Firkin two shillings for every lesser vessell twelve pence and for a greater then a Barrell tenne shillings to the King and Informer 28 Hen. 8. 4. and Poulton 2. 3. The Justices of the peace for every shire where any Ale or Beere-Brewer doth dwell out of a City Borough or Town or other place where no head officer hath any rule have power to Sess and Tax by their discretions the prices of every Barrell Kilderkin or Firkin of Ale or Beere 23 H. 8. 4. P. Just 78. 4. If any person shall by himself or otherwise directly or indirectly sell utter or deliver any Beer or Ale to any person or into the house or seller of any person that then shall sell Beer or Ale as a common Tipler without License then in force to sell Ale or beere hee shall forfeit for every barrel 6. s 4d and so after that rate for a greater or lesser vessel or quantity 4. Iac. 4. and P. Ale-houses so Buggary THe Iustices of peace may hear and determine the said offences of buggary as they do use to do in other cases of Felony and such offender shal not be admitted to his Clergy 25 H. 8. 6. 5. El. 17. P. 1. Burglary BUrglars shall not have the benefit of their Clergy 18 El. 6. But there are four speciall things which must concur to make this Felony viz. 1. The time only in the night 2. The place either publique as the Church or walls or gates of a City or walled Town or private as a dwelling house and then some body must be within at the same time Also the breaking in the night of a stable barn or other out-house adjoyning or near the dwelling house to the intent to steal is Burglary though he take nothing See Dalton 3. The manner consisteth partly in breaking of the house and partly in entring therein yet it seemeth that he that is taken in the only attempt of a Burglary shall be hanged though he make no actuall entry as to put back the leaf of a window to draw the latch of a door or turn the key in the inner side of the door to break a glass window and hook out any goods or to come down a chimney c. 4. The intent which must be either to kill or rob some person or do some other Felony See Dalton 223. Burning of Houses TO burn a dwelling house or other house parcel thereof by night or day feloniously is Felony So it is to burn a stack of Corn Feloniously So it is to burn a Barn adjoyning or near a dwelling house in the night Feloniously So it is also to burn a Barn in the day time having Corn in it though it be not adjoyning to the dwelling house Butchers 1. IF a Butcher shall buy cattel and sel the same alive he shal forfeit to the King and Informer the same cattel 3 4 Ed. 19. 1. Iac. 25. P. 2. If a Butcher or other person shall kill any Weanlings Bullock Steer or Heifer being under the age of 2. years to the intent to sell the same again whole or by retail he shall forfeit to the King and Informer for every one six shillings and eight pence 24 H. 8. 2. 1 Iac. 25. P. 2. 3. A Buther that selleth swines flesh measled or flesh dead of the morein after he shal be convicted thereof shal for the first time be grievously amerced the second time be judged to the Pillory the third time he shal be imprisoned and fined and the fourth time he shall for swear the town And in this manner it shal be done of all that oftend in like case as of Cooks c. 51 H. 3. and P. 4. 4. If a Butcher shal gash or hurr any hide of Ox Bul Steer or Cow he shall forfeit for every hide 20. d. 1 Iac. 22. Or shall water any hide except in Iune Iuly or Argust or shall put to sale any putrified 3 s 4. d. ibidem P. Leather 1. 5. No Butcher or other person shal kill any Calfe to sel being under five weeks old on pain to forfeit for every calf 6. s 8. d. 1 Iac. 22. P. Leather 2. 6. No Butcher shall be a Tanner simul semel under the pain of forfeiting 6. s 8. d. for every day 1 Iac. 22. P. ibidem 3. Butchers conspiring to sel their meat at certain prices See Artificers 1. Captains Souldiers Musters 1. IF any Souldier serving the King in his wars shal give away any horse gelding mare or harness wherewith he was set forth he shal be imprisoned till he make satisfaction 2 Ed. 6. 2. P. Just 84. 2. If any person absenting himselfe without true and reasonable cause being commanded to Muster before any Having authority for the same or not bringing with him in a readiness his best furniture of array and armour of his own person he shall be ten dayes imprisoned or pay forty shillings fine 4 5 P. M. 3. P. 12. 3. If any person authorised to muster or levy men for the Kings service in war shall take any reward for the discharge or sparing any from that service or shall not pay to his Souldiers their whole wages conduct and coat money within ten dayes after he shall receive the same or for gain hath licensed any to depart out of the service he shal forfeit for every offence ten times as much as he taketh and pay to every Souldier treble the sum withholden 4 5 P. M. 3. 2 Ed. 6. 2. P. 12. 4. Every parish shal be charged with â— weekly summe towards the reliefe of â—ouldiers and Mariners by the more â—art of the Justices of the peace in â—heir generall quarter Sessions next afâ—er Easter yearly so as no parish be raâ—ed above 10. d. nor under 2 d. and so as â—he totall summe of such taxations in aâ—y County where there shall not be above 50. parishes do not exceed the rate of six pence for every parish in the same County 43 Eliz. 3. Poulton 17. A remedy for such as refuse to pay the said taxation ibid. 5. Who shall collect the said taxation and how and when they are to dispose of it see 43 El. 3. Poulton â—18 6. The Justices of the peace shall grant reliefe in quarter Sessions to Souldiers and Mariners and may alter and revoke the same again ibid. P. 19. They may also alter and dispose of the surplusage of the stook as the most of them there shall think fit ibid. P. 24. 7. If a Souldier or Mariner shall be taken
begging or shall counterfeit a Certificate he shall for ever lose his pension and be punished as a common Rogue ibid. P. 23. 8. If a Souldier Mariner or Drummer depart from his Captain without licence it is Felony 18 H 6. 19. P. 3. 9. If a Souldier or Mariner wandeâ— abroad without a Testimoniall it is felony So it is in every one wandring 〈◊〉 a Souldier or Mariner which shal forgeâ— or counterfeit a Testimonial 39 El. 17. P. sub titulo Mariners 4 5. 10. How and by whom a Certificate of a Souldier or Mariner shal be allowed and made see 43 El. 3. P. 19. Church and Church-yard 1. IF any person shall malitiously strike with any weapon in Church or Churchyard or draw any weapon there to that intent and shall be thereof lawfully convict he shal have one of his ears cut off and if he have no ears then he shall be burned in the cheek with a letter F. and stand ipso facto Excommunicate 5 6 Ed. 6. 4. P. Fighting 4. 2. Fairs or Markets in Churchyards see Fairs 3. If any shall feloniously take goods â—â—t of any Church or Chappell it is â—â—lony and he shall not have Clergy â—â—e P. Clergy i3 4. Whosoever not having lawfull â—â—d reasonable excuse to be absent shal 〈◊〉 repair to his or her parish Church Chappell accustomed or upon let â—â—reof to some usuall place where â—â—mmon Prayer is to be used every â—â—nday and other Holyday and there â—â—erly and soberly abide during the â—â—e of such common prayer preaching â—â—other service of God and shall be â—â—ed in question within one month 〈…〉 r default shal forfeit for every de 〈…〉 t 12. d. to the use of the poor where 〈◊〉 offenders shal be resident and abi 〈…〉 g at the time of such offence com 〈…〉 ed 1 El. 2. 3. Iac. 4. P. Recusants 〈◊〉 50. 〈…〉 nd whosoever being above the age 〈…〉 6. years shal not repair to some 〈…〉 rch or chappel as aforesaid shall 〈…〉 eit for every month 20. l. to the King El. 1. P. Recusants 3. 〈…〉 nd whosoever shal keep relieve or 〈…〉 our any such person shal for se it every month i0 l. 3 Iac. 4. P. Re 〈…〉 t s 5i See Recusants Church-wardens and Overseers 1. IF the Church-wardens and O 〈…〉 seers of the poor of every 〈◊〉 rish shall not take order for 〈◊〉 ting a work or relieving their poor 〈◊〉 for assisting the inhabitants and o 〈…〉 piers of land in their parish or sh 〈…〉 not endevor to levy such Assessments 〈◊〉 shal not meet together monthly 〈◊〉 count as they ought every one mak 〈…〉 default shall forfeit for every de 〈…〉 20. s to the use of the poor 43. El. 〈◊〉 P. Poor 2. i2 And if any Church-Warden Overseer shall refuse to account 〈◊〉 Justices may commit him to p 〈…〉 without bayle till he make a true count and satisfie and pay so much upon the said account shall be re 〈…〉 ning in his hand 43 El. 2. P. 4. 2. If the Church-wardens c. s 〈…〉 not truly collect and pay over to 〈◊〉 high Constable of that Division dayes before the end of every qu 〈…〉 Sessions such money as they ough 〈…〉 pay for the relief of the prisoners i 〈…〉 Marshal sea and Kings-Bench then t 〈…〉 shal forfeit for every default i0 5. the uses in this Act comprised 43 El. 2. P. Poor i4 And they also forfeit 5. l. for not levying the money and paying the same money so taxed for reliefe of the prisoners in the common Goales of the County according to the Stat. i4 El. 5. and P. Prison 4. 3. If the Churchwardens and petty Constables shall not truly collect and pay to the high Constables of that division ten dayes before every quarter sessions such mony as they ought to pay for the relief of Souldiers and Mariners they shal forfeit for every default 20. s 43 El. 3. and P. Capt. c. i7 i8 4. If the Churchwardens or Over-seers or other officer to whom the mony forfeited by 4 Jac. for uttering Beer or Ale to Tiplers unlicensed shall be payed do not within convenient time truely bestow the same among the poor they shall forfeit double the value thereof 4 Jac. and P. Alehouses i2 i3 5. The Churchwardens duty in levying the penalties of Alehouse-keepers c. See Constables 9 Their duty in presenting the monthly absence from Church of Recusants See Constables i4 7. Their duty in chusing dayes for amending the high wayes See High-wayes i. ii 8. They forfeit 5. l. for not receiving Rogues lawfully sent unto them Their duty for binding out poore children Apprentices and imploying their mony according to the Stat. 7. Iac. 3. See constables i5 Clergy 1. IN what cases clergy is allow 〈…〉 and what not see Poulton i. c. 2. Where clergy lyeth it 〈◊〉 grantable but once to one person e 〈…〉 cept he be within holy Orders 4. H. 7 〈…〉 i3 P i6 Clark of the Market 1. IF the Clark of the Market shall take any common fine to dispence with faults or shal ride with more than six horses or tarry longer in the country than the necessity of his business requireth he shal forfeit to the King for his first offence 5. l. for the second offence 10. l. and for the third offence 20. l. 13 Ric. 2. P. 1. 2. He ought also for to have all his Weights and Measures signed according to the Standard of the Exchequer with him when he goeth to assay Weights and Measures and he nor any other shall use any other Weights or Measure iâ— Ric. 3. P. i. Cloth 1. THe Justices of peace in their severall quarter Sessions may enquire heare and determine every fault and offence made or done contrary to the act of 39 El. 20. concerning woollen cloth see P. Drapery 127 c. 43 El. i0 2. If any person shal present any cloth which is defective or faulty contrary to the Stat. 5 Ed. 6. the same cloth shal be by two Justices of the Peace cut into three equal parts where of the King shal have one the presenter one and the third they shal retain themselves 5 Ed. 6. 6. P. Drapery 29. 3. If Clothiers or other Masters shal refuse to pay such wages to their Spinsters Weavers and other workmen whatsoever as shal be assessed by the Justices of the Peace at their Sessions and shal be thereof convict they shal forfeit for every such offence ten shillings to the party grieved i Iac. 6. P. Just 66. 4. If Spinsters Carders Weavers c. shal imbezel sel or detaine any part of their Clothiers wool or yarn as wel every one of them as the buyers and the receivers thereof knowing the same to be imbezelled being convicted thereof by confession of the parry or proved by one sufficient witness upon oath before two Justices shal
2. If any person authorized to sell Wine by Retaile shall sell the same above the Prizes thereof limited by the Kings Proclamation if there have been any and shall be convicted within a yeare after he shal lose for every Galion 3. s. 4. d. and so after that rate 28 H. 8. i4 5 El. P. Just 94 95. 3. If any shall deny to sell Wines at the Prizes assessed they shall forfeit the value of the Wine so desired to be bought and the Justices may upon request enter and sel the same desired to be bought according to the prices set down and take the buyers money towards the satisfaction of the forfeiture 24 H. 8. 6. P. 3 4. VVoods IF a Lord or owner of Woods or under Woods and the Tenants or Inhabitants having common therein cannot agree in dividing the fourth of the said Wood but shall desire the aid of the Justices of the peace of the same shire where the Wood lyeth the more part of such Justices not being a kin to the said Lord or owner shall sever and set out the said fourth part of such wood 35. H 8. 17. P. 8 9. Wooll and Yarn IF any shall buy woollen Yarn and not make Cloth thereof he shal forfeit the Yarne and foursold damages and be two years imprisoned and fined 8 H. 6. 5. P Yarn 4. 2. If any shall buy wooll but of the owner of the Sheep and Tyth he shall lose the value thereof E. 4. R. 2. 4 P. 1. RESOLUTIONS OF THE IUDGES OF ASSIZE UPON Certain QUESTIONS touching Parishes c. Mich. An. Dom. MDCXXXIII LONDON Printed by T. L. for M. Walbancke MDCLV RESOLUTIONS OF THE IUDGES OF ASSIZE UPON Certain QUESTIONS touching Parishes c. Mich. An. Dom. 1633. QUEST I. VVHether the churchwardens and overseers of a parish with the assent of two Justices of Peace one being of the quorum may by the Statute of 43 E. cap. 2. or any law enforce a parishioner of the same Parish to take a child of a poore Parishâ—oner of the same Parish who is not able to keep his said Child to be an Apprentice Resol The Statute of 43 Eliz. which saith that the Churchwardens and Overseers of the parish shall put out children to be Apprentices necessarily implyeth that such as are fit must receive such Apprentices and the putting out of poor children is one of the best wayes for providing for the poor quest II. If they may then whether they must give money with him and who shall determine what summe shall be given if the party that is to take such Apprentice and the Churchwardens Overseers of the poor cannot agree thereupon Resol There is no necessity that money must be given but that must be left to the discretion of the Overseers all circumstances of age and ability considered and if they cannot agree with the party then the Justices of the peace neare adjoyning and in their defaults the Sessions of peace are to determine the controversie quest III. VVhether a Knight Gentleman Clergy-man or Yeoman or one that is a Sojourner using Husbandry Clothing Grazing or the like may be inforced to take such an Apprentice Resol Every man who by his Calling or Profession or manner of Living entertaineth and must have the use of other servants of the like quality must entertain such Apprentices wherein discretion must be guided upon consideration of all circumstances quest IIII Whether a wealthy man keeping few or no Servants nor wanting a servant but living privately may be enforced to take such an Apprentice if not then whether he may be taxed towards the putting forth of such an Apprentice Resol For the receiving of such Apprentices The Answer may be referred to the Question next before but out of doubt every such person must contribute to the charges as to other charges for the provision for the poor quest V. Whether they may enforce a parishioner of one parish to take such a child apprentice that is of another parish but within the same County or Division if the proper parish be notable to provide for the children of the parish Resol The Justices may provide Masters for them in other parishes within the same Hundred and if the Hundred be not able then out of that Hundred in the rest of the County as for the provision for the poor quest VI. If such a Parishioner may be enforced to take such an Apprentice and shal refuse to take such Apprentice but also be bound to appear at the next quarter Sessions or Assize what shal be done then Resol If any refuse let such a one be bound to the next Sessions or Assizes if he refuse to give such bond let him be sent to the Goale there to remain until he wil give such bond quest VII If such a Parishioner who refuseth to take such an Apprentice shal be bound over to the Sessions for not taking such Apprentice and when he appeareth there shal likewise refuse what shall be done unto him and what shall be done to the parents of such children who refuse to suffer their Children to be put out Apprentices themselves not being able to maintain them Resol If at the Sessions or Assizes such one refuseth to take such an Apprentice and his excuse be not allowed it is fit he be bound to the good behaviour And as it will be a good course to indict such a refuser for a contempt and thereupon to fine and imprison him if he refuse to be bound to the good behaviour let him be imprisoned till he will and the Kings book of Order directs that such be bound with good sureties at the Counsel-Board And if the Parents of such poor children do not suffer their children to be bound Apprentices or being bound to entice them away themselves not being able to maintain them let them be committed to the house of Correction Quest VIII Whether it be in the power of any generall quarter Sessions to mitigate any penalty upon a Statute Law if the party indicted shall submit himself to the fine of the Court and wave the Traverse Resol If the party be convicted or confess the fault it is not in the power of the Court to mitigate the fine in such cases where the Statute makes it certaine but if the party indicted confess his innocency yet quia noluit placi tare cum dom rege put himself up into the grace of the Court the Court may impose a moderate fine and order to forbeare the prosecution quest IX If a man be bound to appear at the Sessions and shall tender submission to the Court whether the Sessions may stay the indictment and mitigate the fine as aforesaid upon the confession of the fact Resol This is answered before in the next precedent Article quest X. If a man be convicted for being drunk tipling or keeping an unlicensed Alehouse or being licensed for suffering others to remaine tipling in his house or for swearing or for driving
Master is not bound to 〈…〉 vide for her but it is a misfortune 〈…〉 len upon the parish which they must 〈…〉 re as in other cases of casuall impo 〈…〉 cie quest XXII VVhether one being 〈…〉 vered of a Bastard-child in one pa 〈◊〉 and goeth into another parish and 〈…〉 omes vagrant and so is sent to the 〈…〉 ce of her birth her bastard-child be 〈◊〉 under the age of seven years shall setled with the mother and there 〈…〉 intained if the mother be not able to keep it not the reputed father found or whether it shall be sent to the place of its birth as being setled with the mother whether the parish where it was born shall be ordered by the two next Justices to pay a weekly sum towards the maintenance of it Resol The bastard child must be placed with the Mother so long as it is within the quality or condition of a Nurse-child and then it is fit to be sent to the place of its birth to be provided for the Mother or reputed Father not being able quest XXIII A man with his Wife and Children takes a house in one parish for a year and before the end of his term is put out of possession and after takes part of an house as an Inmate in another parish from whence he is also put out in two or three dayes and then not being able to get any dwelling they come to lye in a Barn in a third parish where the husband falls sick and the wife is delivered of another child where ought these to be setled Resol If a man or woman having an house or habitation in one parish be thrust out of possession this is an illegall unsetling which the Law forbiddeth for none must be enforced to turn Vagrants and such a one must be returned to the place where he or she was lawfull setled and the child also that was born in the time of this distraction quest XXIV Whether an Apprentice put out by the Churchwardens c according to the Statute to a Master in another parish if his Master die and leave no Executor fit to keepe an Apprentice or able to place him shall he be provided for in the parish where he was Apprentice or shall be sent back to that parish from whence he was put out Resol Servants and Apprentices are by Law setled in that parish and if they become impotent there the parish must beare the adventure after their terme or time be lawfully en 〈…〉 ed. quest XXV VVhat is accounted 〈◊〉 lawfull setling in a Parish and what 〈…〉 ot Resol This is too generall a question to receive a perfect answer to eve 〈…〉 particular case which may happen 〈◊〉 generally this is to be observed 〈◊〉 the Law unsetleth none who are 〈…〉 ully setled nor permits that to be 〈…〉 e by force or compulsion and eve 〈◊〉 one who is setled a Native House 〈…〉 lder a Sojourner an Apprentice or Servant for a month at the least with 〈◊〉 a just complaint made to remove 〈◊〉 or her shal be held to be a setling quest XXVI A rogue is taken at A. and wil not confess the place of his birth neither doth it appear otherwise but that he confesseth the last plece of his habitation to be at S. hereupon he is whipped and sent to S. at his comming to S. there the place of his birth is known to be at VV. and thereupon the Rogue confesseth it to be so whether he might without new vagrancy be sent to VV. Resol In this case it is fit to send such a Rogue to the place of his birth but this is but a mistaking and no legal setling quest XXVII If an Indictment be preferred to the grand Inquest of the quarter Sessions of the peace against one for Murder Manslaughter Robbely Felony or petty Larceny and Ignoramus found thereupon whether the said Sessions may deliver the party by proclamation or not Resol Not by Proclamation but for Petty Larceny and other petty Felonies in discretion the Goal may be delivered of them quest XXVIII If a Constable be chosen and refuse to take his Oath what shall be done And whether a Constable may make a deputy and by what means Resol The refusall or neglect to take Oath in such case is a contempt worthy of punishment and the best way is by Indictment and thereupon to fine and imprison him and the making of a deputy is rather by toleration than by Law Quest XXIX If a Constable die or remove out of his place where c. how is his place to be supplyed Resol By the Lord of the Leet if that time fell neare if otherwse by the Sessions but if that be too far off then by the next Justices quest XXX If a poor weak man be chosen Constable or Tything-man be unfit for the place how he may be removed and a fresh sworne in his roome Resol The Justices must help this and 〈…〉 f the Lord of the Leet have power to chuse a Constable or Tything-man and perform it so ill that is a just cause to seize his liberty quest XXXI If a Nurse-child a Schollar at a Grammar School or in the University prove to be impotent by sickness lameness lunacy or discovery of Felony how such persons shall be disposed Resol A Nurse-child or a Schollar at the Grammer School or in the University are not to be esteemed as persons setled there more than Travellers in their Innes but their setling is where their parents were setled or themselves were last setled Quest XXXII What proportion Parsonages or Tithes shall bear to the taxation of the poor of the Parish Resol The Parson having the Tenths or Tythes of the Parish it seemeth good and equal that he shal pay the Tenth part of the rate of the poor in that respect quest XXXIII VVhether for placing of the poor of the parish not to be removed but by consent of the parish these poor men may not be placed c. Inmates for a time Resol They may by express words of the Stature of 43 Eliz. quest XXXIV It a Parishioner or owner within a Parish do bring into the Parish without the consent of the parish a stranger of another parish which is or apparently like to be burthensome to the parish how they may ease themselves Resol By taxing such a one to the charge of the rates of the poor not having respect to his ability or the land he occupies but according to the damage and dangerhe bringeth to the parish by his folly quest XXXV For VVarding in the day time for apprehending of Rogues whether the Constable may not enlarge it Resol VVarding in the day time is of great use and must be left to the discretion of the Constables or direction of the Justices to vary according to the occasion quest XXXVI VVhether Alchouses ought to be allowed in Through-fair Towns and others in other places to be restrained onely to sel to the poore out of