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
of cattle upon the Sunday contrary to the Stat. in that case provided whether the Justice of the peace before whom he was convicted or any other Justice of the peace may discharge him of all or part of the forfeiture or punishment appointed by the Statute Resol The Justices have no such power of mitigation after conviction where the statute appoints the measure of the punishment quest XI VVhether a Constable may upon a warrant for carrying one to the house of Correction for keeping an unlicensed Alehouse upon the second conviction break open the house where the party convicted is to apprehend him Resol This question is to be advised upon it is but in generall t 〈…〉 arms and referred to be considered in the particuler where it appeareth quest XII If any woman unmarried be hired from week to week or from halfe a year to halfe a year in one parish and there is begotten with child and then goeth from thence to another parish where she is setled in servâ—ce by the space of two or three months and then is discovered that she is with child the question is whether she shall bâ— setled in the parish where she was bego 〈…〉 with child or in the parish wherein she was last setled Resol The place where such a woman was lawfully setled is the direction in this case not where she was begotten with child quest XIII If a woman servant unmarried be gotten with child and then goeth out of her Masters service before or after it is discovered that she is with child and the reputed Father be run away or is not able to free the parish whether the Master may be forced to provide for her til she be delivered and a month after Resol If the Master have legally discharged his house of such a servant he is no more bound to provide for her than any other quest XIV In case a parish consist in part of ancient Demeasne and part Geldable an Assize is made for the reliefe of maymed Souldiers Goale c. according to the Stat. of 24. Eliz. cap. 2. Whether the Tenants in ancient Demeasne shall contribute with the Geldable for the payment of this Assize Resol The Statutes do not distinguish between the ancient Demeasne and the Geldable in these cases ubi Lex non distinguit nec nos dstinguemus quest XV. VVhether an Indictment of forcible Deteinor be within the Statute of 21 Iac. 5. and not to be removed by Certiora unless the party indicted first finde sureties according to that Statute and whether the party indicted be to be bound himself or may send sureties to be bound in his absence to prosecute according to that Statute And whether an Indictment of forcible Entry c. found at a quarter Sessions and certified unto the quarter Sessions be to be removed by Cortiorar without sureties according to the Statute Resol This is fittest to be left unto the Court of Kings-Bench to whose commission and jurisdiction this is most proper quest XVI If one be convicted upon the Statute of 3 CAROL R. cap. 13. for driving of Cattle upon the Sunday through several parishes whether he shall forfeit twenty shillings to every of the said parishes or onely to one if to one then to which of them Resol This Statute gives the forfeiture but of one twenty shillings for one Sabbath day although the driving be on that day through several parishes therefore where the action is first attached and distress taken that parish shal have the benefit of the forfeiture and none other quest XVII If one who is under the age of thirty years or brought up in Husbandry or a Maid-servant brought up in any the Arts or Trades mentioned in the Statute 5 Eliz. cap. 4. and not enabled according to that statute to live at his or her own hand shall be warned by two Justices of the peace to put him or her self to service by a day prescribed by them and shall not do the same accordingly but shall after continue living at his or her own hand what course shall be taken with such a person and how punished Resol Such persons living out of service and not having visible means of their own to maintaine themselves without their labour and refusing to serve as an hired servant by the yeare may be bound over to the next sessions or Assizes and to be of good behaviour in the mean time or may be sent to the house of Correction quest XVIII Whether the Tax for the relief of the poore upon the statute of 43 Eliz. shall be made by ability or occupation of Lands or both and whether the visible ability in the parish where he lives or generall ability whatsoever And whether his Rent received in the Parish where he lives shall be accounted visible and whether he shall be taxed for them only and not for any received from other parishes Resol The lands within each parish is to be taxed to the said charges in the first place equally and indifferently but there may be an addition for the visible ability of the Parishioner according to good discretion wherein if there by any mistaking the Justice c. or the Sessions must judg between them quest XIX VVhether the Tax for the County stock Goale house of Correction is to be made by the Statute 14 Eliz. 43 Eliz. by ability and upon the Inhabitants of the parish onely or upon them or the occupiers of lands dwelling in that parish or whether such as occupy Lands in that parish and dwel in another parish shall be taxed Resol If the Statutes in particular causes give no speciall direction it is good discretion to go according to the rule for taxation for the poor quest XX. VVhether any taxes ought to be made for the charges that petty Constables and Burgholders are at for conveying of Rogues from parish to parish and relieving of them and how to be rated Resol It is fit to relieve the Constables and Tythingmen in such sort as it hath been used in severall parishes where they live quest XXI VVhether a Justice 〈◊〉 peace may discharge a servant being with child from her service allowing 〈…〉 hat as a reasonable cause that she is 〈…〉 ereby made unable to do her service â—hich otherwaies she might have done 〈…〉 d if he may discharge her whether â—e parish shall provide for her til her delivery if she cannot provide for her 〈…〉 lf and so also if her time be expired before her delivery who shall provide 〈◊〉 her after the time ended Resol If a woman being with child 〈…〉 ocure her self to be retained with a 〈…〉 aster who knoweth nothing thereof 〈…〉 ems to be a good cause to discharge 〈…〉 r from her service But if she be 〈…〉 ten with child during her service it 〈…〉 meth to be otherwise but the master neither case must turn away such a 〈…〉 vant of his own authority but if 〈…〉 r term be ended or she lawfully 〈…〉 charged the
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
give such recompence to the party grieved as the Justices shal think sit and if they be not able then to be whipped and set in the stocks near the place where the offence was committed 7 Iac. 7. 5. If any person shall wittingly use any deceitful art or means with Linnen Cloth whereby the same is made worse for the use thereof he shal forfeit his said Cloth and suffer one monthes Imprisonment at the least and pay such fine as shall be assessed by the Justices 1 Eliz. 12. P. Linnen cloth 2. Dyers and Dying THe default and punishment of Dyers 23 Eliz. 9. 39. Eliz. 11. Poul Drapery 65. Just 82 Conjuration Witchcraft Prophesying 1. WHosoever shall use Invocation or Conjuration of any evil spirit or shal consult covenant with entertain imploy feed or reward any evil Spirit for any intent or shall take up any dead man woman or child or any part of any dead person to be used in any manner of Witchcraft Sorcery Charme or Inchantment or shall use Witchcraft Inchantment Charm or Sorcery whereby any person hath been killed destroyed wasted consumed pined or lamed in his body or in any part thereof shall together with his Aiders Abettois and Councellors being Lawfully convicted suffer death as a Felon and not have the benefit of Clergy i Iac. i2 and P. 1. 2. VVhosoever shall undertake by VVitchcraft Inchantment Charm or Sorcery to tel in what place any Treasure of Gold or Silver may be sound or to the intent to provoke any person to unlawful Love or to impare or destroy any persons Goods or Cattle or to hurt any person in body although the same were not effected shaâ—l for the first offence suffer Imprisonment by the space of one whole year without Bail and once every quarter of the said yeare shall in some Market-Town on the Market or Faire day stand openly on the Pillory by the space of six hours and there openly confesse his fault and offence 1. Iac. i2 Poult 2. And for the second offence shal suffer death as a Felon and not have Clergy ibid. P. 3. 3. Whosoever shal advisedly advance publish and set forth by writing printing open speeches or deed to any other person any fantastical or false Prophesie upon Arms Fields Beasts or Badges or upon any Time Name Bloudshed or War to make thereby Rebellion dissention loss of life or other Disturbance within the Kings Dominions shal for the first offence be imprisoned a year without Bail and forfeit to the King and Informer 10. l. And for the second offence be imprisoned during life without bail and forfeit to the King and Informer all his Good and chattels 5 El. i5 and P. Prophesying Constables 1. EVery Constable ought to be Idoneus homo that is to say apt and fit for the execution of the said Office and he is idoneus who hath these three three things viz. 1. Honesty 2. Knowledg 3. Ability 1. Honesty to execute his office truly without malice affection or partiality 2. Knowleege to understand what he ought to do 3. Ability as wel in substance or estate as in body that so he may attend and execute his office diligently and not through impotency of body or want to neglect the place And if any shal be chosen constable which is not thus enabled and qualified he may be discharged Dalt s 37. 2. All constables and other Officers ought to be attendant and assisting to the Justices of Peace for the execution of the Stat. 33. 37. H. 8. concerning Retainers giving of Liveries Maintenance Embracery Bow-staves Archers unlawful Games Fore-stallers Regraters Victuallers and Innholders upon pain to be fined by the discretion of any two Justices of the peace P. Just 20. 3. If a Constable or such other Officer shal arrest one for Felony and after suffer him to escape it is Felony in such constable of whatsoever other kinde the offence be if the Officer shall by his will or negligence suffer the party to escape he shall be fined which Fine shall be equal with the value of his Goods if his fault do so require See the Duties oâ— constables f. 22. 4. If a constable or other head Officer shall be requested to resist Purveyor which refuseth to make ready payment of any Purveyance not exceeding forty shillings and he notwithstanding shal not aide and assist such ownâ—r he shal pay to the party grieved the value of the thing taken and his double damages 20 Hen. 6. 8. Poulton Purveyors 22. Just 58. 5. If the Constable or other such Officer of any Township upon request made and for the avoiding the loss of Corn or grain or Hay in the time of Harvest shal not cause all such Artificers and Labourers as be meet to Labour by his discretion to serve by the day for the moowing reaping or inning of corn or Hay according to the skill and quality of the person and such as refuse to imprison in the stocks by the space of two dayes and one night he shall forfeit 40. s 5 El. 4. P. Labourers 13. 6. If Constables and Tything-men shal not make privy search within their limits for Rogues and Vagabonds according to the Statute 7 Iac 4. Or shal not safely convey all such Rogues and idle persons at the charge of the Hundred as by the Justices Warrant shall be sent to the house of correction they shall forfeit such Fines as the Justices shall think fit not exceeding forty shillings for every such offence 7 Iac. 4. 7. If any Constable or Tything-men shal not do his best endeavour to apprehend such rogues as beg 〈…〉 bide within his limits or shal not cause them to be punished and conveyed away according to the Stat. 39 El. 4. hâ— shal forfeit for every default 20. s ibid. and i lac 7. P. Vagabonds 5. and vide P. ii how this forfeiture shal be imployed 8. If any Constable Headborough or Tythingman shall not punish and convey every Rogue and Beggar that shall be brought and set on land here from Ireland Scotland or the Isle of Man according to the Law he shal forfeit for every default i0 s 39. El. 4. P. Vagabonds 6. 9. If any Officer wil not receive a Rogue to convey him according to the Law he shall forfeit five pounds P. Vagabonds 5. And if any being a sturdy or imputent Rogue shall be sent to a Towne where he ought to be sent and shal be refused that person refusing shal forfeit 5. l. And he that is sent is to be offered to the Churchwardens and Over-seers To send Rogues by a general Pasport is a forfeiture of 5. l. 10. If any constable or other inferiour Officer shall not whippe such hedge breekers robbers of Orchards and Gardens cutting of Corn and Wood c. as shall be for that purpose committed to them by a Justice of the peace
traverse either the matter viz. that there is no Highway there or that the ditch is sufficiently scoured or otherwise he may traverse the cause viz. that he hath not the Land c or that he or they whose estate c. have not used to scoure the ditch c Treason 1. HIgh Treason called in Law Crimenlesae Majestatis is a grievous offence done or attempted against the State Royall viz. against the King in his person the Queen his Wife his Children Realm or authority c See more P. 1. c. Dalt fol. 198. Such offender shall be hanged cut down alive and quartered and shal forfeit all his lands and goods to the king yea his entayled lands and his wife shal lose her dower his blood shal be corrupted saving in certain cases vid. Dalt fol. 205. In case of Premunire the offender shal forfeit all his Lands in fee for ever and all his goods and chattels to the king but his lands whereof he hath an estate he shall forfeit only during his life and shal be imprisoned during his life ibid. Misprison is properly when one knoweth that another hath committed Treasons or Felonie but was not consenting thereto and conceales the offence Such offender for Misprison of Treason shall forfeit to the king his goods and chattels for ever the profits of his lands during his life Dalton 103. For Misprison of Felony the offender shal be onely fined ibid. Petty Treason is when wilfull Murder is committed upon any Subject by one that is in subjection and oweth faith duty and obedience to the party Murdered Vide Petty Treason fol. 82. 6. The punishment for Petty Treason is this the man so offending shall be drawn and hanged the woman shall be burned alive in case as well of petty Treason as of high Treason I Ric. 3 4. But in case of Felonies the judgement both of man and woman is to be hanged The for feiture of Petty Treason is the King shall have all his goods and for his Lands the king shall have Annum diem vastum and the Escheat thereof shall be to every Lord of his own proper fee. Treasurers THe Treasurers of the Country are to be chosen at Easter sessions by the more part of the Justices and are to be such as at the last taxation of the Subsidy next before the said election were valued and assessed at 10. l. in lands yearly or 40. l in goods and shall continue but one year and then give up their charge and account at Easter Sessions or within ten dayes after and if any Treasurer his Executors or Administrators shal fail to give up his account within the time aforesaid or shall be otherwise negligent in his charge then it shall be lawfull for the more part of the Justices in their Sessions to assess such fine upon him his Executors Administrators as in their discretions shall seem convenient so it be not under 5. l. 43 Eliz 3. P. Capt. 18. 2. The Treasurer shall assesse relief to Souldiers or Marriners upon a lawfull Certificate and shall keep a true book of computation of the mony they lent and a Register of the names of such as they give relief unto And every Treasurer returning or not accepting the Certificate brought unto him shall write and subscribe the cause of his not accepting or not allowing thereof under the said Certificate or in the back thereof And if any Treasurer shall wilfully refuse to give reliefe according to this Act the Justices in their Sâ—â—ons may fine such Treasurer by their discretions 43 El. 3. P. Captains 19 21 22. The surplusage of the stock of the more part of the Justices in their quarter Sessions be ordered distributed and bestowed upon such good and charitable uses and in such form as are limited in the Statutes made in force concerning the reliefe of the Poor and punishment of Rogues and Beggars 43 El 3. and P. Captains 24. See more P. Poor people 14 15. How the Forfeitures shal be imployed see 43 El. 3. P. Captains 26. Trespass WHosoever shall cut or unlnwfully take away any Corn or grain growing or rob any Orchards or Gardens or break or cut any hedge pailes railes or fence or dig pull up or take up any fruit 〈…〉 ree or trees in any Orchard Garden or elsewhere to the intent to take or carry the same away or shall cut or spoyle any Woods or under Woods Powles or trees standing not being Felony and their procurers and receivers knowing of the same being thereof 〈…〉 awfully convicted by the consession of the party or by the testimony of 〈…〉 e sufficient witness upon oath before 〈◊〉 Justice of the peace c. shall give the party such satisfaction as such Ju 〈…〉 ice shall appoint and within such â—ime as he shall appoint the same to be only for the first fault And if such â—ffenders shall not be thought able to give satisfaction then to be whipped â—nd also for every such offence after to 〈…〉 cceive the same punishment of whipping 23 El. 7. P. 1. A Constable refusing to punish such â—ffenders see Constables 10. P. 2. No Justice of peace c. shall execute this Statute for any of the said offences done to himself unless he be associated and assisted by one or more Justices whom the offence doth not concern 43 El. 7. P. 3. Vagabonds and Rogues SEE 39 Eliz. 4. 4. P. 2. 7. But note that that act doth not exte 〈…〉 d to any children under seaveâ— years old All common players of Enterludes and Glassmen shall be accounted rogues 1 Iac. 7. P. 2. A Servant taken with a counterfei 〈…〉 or forged Testimoniall or not procuring a Testimoniall according to the Stat. 5. El. 4. shall be taken and punished as a Rogue see P. Labourers 8. A Souldier or Marriher begging 〈◊〉 counterfeiting a Certificate shall be accounted a Rogue 34 El. 3. P. Capt. 23. And all such as wilfully go abro 〈…〉 out of houses infected with the Plagu 〈…〉 though they have no sore upon them shall be accounted Rogues and more over be bound to the good behaviour for a yeare 1. Iacob 31. Poulton Plague 4. And all able persons threatning to turn away and leave their family upon the Parish the same being proved by two sufficient witnesses upon oath before two Justices of the peace shall be punished as Rogues unless they put in sufficient sureties for the discharge of the parish 7 Iac. 4. All such able persons as shall runne away out of their parishes and leave their families upon the parish 7. Iac. 4. All such as appear to be dangerous to the inferior sort of people or otherwise be such as wil not be reformed of their Roguish kind of life by the former provision of this Act shal be sent to the house of correction or Goale of the County by two
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