to the King IF any practise to absolve perswade or withdraw any from their naturall obedience to the King or for that intent from the religion now established here to the Romish religion or to move them to promise obedience to the See of Rome or other estate or if any have been willingly so absolved or have promised such obedience it is treason 23. Elis 1. Lam. 412. Cro. 18. a. Colore officii When officers take any thing Colore officii it is taken in malans partem and is extortion and the office is but a vail to cover the fault but when it is ratione or virtute officii then it is in bonam partem Cro. 57. b. Ordinarie His Fees vide Fees The Ordinarie oweth not his attendance at the Sessions of the Peace as he doth at the goal-deliverie Lam. 395 396. Oath You shall swear that the suretie of the Peace which you require against A B is not of any malicious intent for vexation but for very fear and for the needfull preservation of your body and goods in safetie so help you God Lam. 83. Oath of the Iustice of Peace vide Dal. 10. Oath of supremacie Dal. 11. Oath of alleagiance Dal. 12. 3. Jac. 4. 7. Jac. 6. The Custos Rotulorum or any two Justices of the Peace one being of the Quorum may take the oathes of Under-sheriffes of their Countie their Bailiffes Deputies Clerks or under-officers before they shall exercise their said offices Dal. 108. Quaere if Iustices of the Peace may examine upon oath sureties of their sufficiency Dal. 142. Iustices of Peace in their Sessions may do it Cro. 194. a. Default of Under-sheriffes their Clerks Bayliffes c. in not taking their oathes for execution of their office is to be heard and determined at the Quarter Sessions 27. Elis 12. Lam. 615. Under-sheriffes Bayliffes c. doing any thing contrary to their oathes lose to the partie grieved treble damages 27. Elis 12. Lam. 433. Where the refuser of the oath of alleagiance shall incurre a Praemunire vide Pramunire Refuser of the oath of alleagiance is disabled to execute any place of judicature or office being no office of inheritance or ministeriall function or practise of the law Civill or Common or the science of Physick Surgerie or the art of Apothecarie or any liberall science 7. Jac. 6. One Iustice of Peace to whom complaint is made may commit to the goal without bayl till the next Assizes goal-deliverie or Quart Sessions any above the age of 18 yeares under a Baron or Baronesse which stand presented indicted or convicted for not coming to Church or not receiving the Communion or which by the Minister pettie Constable and Churchwarden or any two of them shall be complained of to any Iustice of the Peace and by him suspected for refusing the oath of alleagiance 7. Jac. 6. Lamb. 199 200. Two Justices of Peace one being of the Quorum may require any person of the age of 18 or above under the degree of a Baron or Baronesse to take the oath of alleagiance and on refusall to commit him to the goal without bayl till the next Assizes or Q. Sessions 7. Jac. 6. Lamb. 363. Where the examination of a Iustice of Peace is the conviction of the party there it ought to be upon oath but where it is but to inform the Iurie upon the indictment it needeth not Lamb. 536. Dal. 125. Though the statute doth not expressely say it shall be upon oath Dal. ibid. In cases of felony it seemeth convenient that the information be upon oath otherwise the examination shall not be given in evidence If the examinate die before the triall the examination may be evidence without oath many will speak coldly It is the practise of the Courts in Westminster Dal. 264. Cro. 194 a. Lamb. 213 214 215. The refusing the oath of alleagiance required by two Iustices of the Peace and the taking of the same and oath of supremacy by a conformed Recusant returning into England are to be certified at the next Q. Sessions 7. Jac. 6. Lamb. 216. The oath of alleagiance required at the Q. Sessions of such as formerly refused the same and being there tendered and refused the refusers other then Noblemen and women incurre Praemunire except women covert who are to be sent to the goal without bayl ibid. Orchyards and Gardens vide Hedgebreakers Overseers of the Poore All to whom the overseers by 43. Elis 2. may binde apprentices may take and keep them as apprentices and the overseers may with the assent of two Iustices of Peace one being of the Quorum in their respective limits where there be more then one or by assent of one Iustice of Peace where there be no more set up use and occupy any trade mysterie or occupation onely for setting poore of the parish on work wherein there are overseers 3. Car. 4. Pannell vide Iurours Pardon AT the Common Law before the statute of 13. R 2. a pardon of all felonies was good for murders and some for treason Lamb. 561. Pardon of all felonies is not good for murder or petty-treason except the pardon be with a non obstante or that murder be therein expressely mentioned Dal. 213. Cro. 21. b. But it is good for accessaries both before and after Lamb. 561. A pardon of all felonies will not discharge a man that is attainted of felony except the execution and attainder be pardoned Dal. 213. Cro. 115. Lamb. 562. Breaker of the Peace after the pardon forfeiteth the pardon and may be hanged notwithstanding his pardon Dal. 213. Cro. 115. b. The King onely can pardon treason murder or other felony or any accessary thereunto Dal. 214. Generall pardon is that which is given by act of Parliament to all men of which the Court ought of duty to give allowance though the party will not plead it nor accept the benefit thereof Lamb. 559 560. Pardon of abjuration is not good without speciall words of abjuration Lamb. 562. Quaere if a generall pardon for petty-treason avail him that is indicted of murder without the word proditoriè 560. A generall pardon coming betwixt the stroke and the death of all misdemeanors will avail for the death Lamb. 560. Quaere if a pardon of all offences except persons outlawed of murder will avail one that hath committed manslaughter and yet indicted and outlawed of murder and after the pardon reverseth the outlawry Lamb. 560. Pardon of attainder and execution for felony is not good for felony Lamb. 562. Pardon of a Goaler for escapes of felony and traitours is not good for voluntarie escapes Lamb. 562. Pardon of 2 for all felonies done by them or either of them will not serve for offences done by one of them alone Lamb. 562. Pardon must agree with the indictment in name and addition of the party and nature of the offence for a pardon of all felonies is not good for petty-treason murder nor of one attainted of felony Lamb. 561. A speciall pardon
confederacies and giving of liveries other then to meniall servants and officers be contained under the word conventicles Lam. ibid. Conies vide Hunting Corn. Certificate of one Justice of Peace joyned with the customer of the place of unlading and selling of corn grain or cattell carried by water from one place to another of this Realm unto the customer and controller of the place where the same was imbarked is sufficient upon the statute of forestalling 5. Ed. 6. 14. 13. Elis 25. One having sufficient corn buying seed without bringing so much as he buyeth to sell the same day as the market goeth loseth double 5. Jac. 46. 427 433. Lam. 450. Vide plus Transportation Cutter and carryers away of corn vide Hedge-breakers Coroners Coroners ought to certifie their inquisitions at the generall goal-delivery and not at the Sessions 1. and 2. Ph. Mar. 12. Lam. 378 380 395. Coroners being parties to the exigents and Judges of the outlawrie ought to be present at the Sessions ibid. Coroners are conservers of the Peace and may in some cases commit men to prison ibid. Coroners may be convicted of offence against the statute of 1. Hen. 8. 7. Lam. 413 517. Lam. 434. touching extortion or not executing their offices before a Justice of Peace Cro. 130. Coroners fees vide Fees Cottages Any erecting or converting any dwelling to be used as a cottage for dwelling unlesse he lay foure acres of his own free-hold inheritance lying neare to the said cottage to be continually manured therewithall so long as that cottage shall be inhabited except in a citie corporate or market town or ancient borough or being the dwelling house of minerals coal-mines quarries of stone or slate makers of brick tile lime or coal not being above a mile from the works and onely used for the habitation of such workmen or for saylers or men of manuall occupation for the making furnishing or victualling of ships and being within a mile of the sea at the side of some navigable river or a cottage for the keeper of forrests chase warren or park or cottage for a common herdsman or shepherd of any town or wherein any poore lame sick aged or impotent person shall dwell or hath been decreed to continue for a dwelling by the Justices of Assize or of the Peace in open Assizes or Qu. Sessions 31. Elis 7. 39. Elis 3. 43. Elis 2. Lam. 499 456. Lam. 476. None to maintain or uphold any cottage not having foure acres to it except as before ibid. Owner or occupier of a cottage must not suffer more housholds then one to dwell in a cottage 31. Elis 7. except it be by order of the Justice at the Q. Sessions with leave of the Lord of the waste at the charge of the parish hundred or countie 39. Elis 3. 43. Elis 2. Lam. 573 589 611. Offences against the statute of cottages and inmates are to be heard and determined at the Q. Sessions 31. El. 7. Lam. 575 589 614. and a decree may be made at the Q. Sessions for continuance of a cottage that hath not foure acres of land ibid. Countie A Justice of Peace in one Countie pursuing a felon into another Countie where he is taken he shall be committed to the goal of the Countie where he was taken Cozeners and Cozenage Any falsly and deceitfully getting in possession money or goods of other mens in colour of false privy tokens or counterfeit letters and convicted thereof at Q. Sessions by examination of witnesses shall suffer any corporall punishment except death 33. Hen. 8. 1. Lam. 420. 426 505 516 536 550 572 588. Cro. 83. a. 130. b. Two Justices of Peace one being of the Quorum may binde over to the next Sessions any such suspected person or may imprison or bail them untill the next generall Sessions Dal. 37. One Justice of Peace as it seemeth may binde threatners to their good behaviour so to the Assizes or Sessions or send them to the house of correction Dal. 48. Edit 1626. Crosses vide Agnus Dei Crossebows and hand-guns Every person may attach an offender against the statute 33. Hen. 8. 6. and carrie him to the next Justice of Peace in the same countie Dal. 49. The Justice upon due consideration may send the offender to the goal till he have paid the penaltie of the statute of 33. Hen. 8. 6. The particulars of the said Statute None under an 100 pounds per annum may shoot in or keep gun dag pistol crossebow or stonebow No person may shoot in carry keep use or have any gun under three quarters of a yard in length if it be shorter every one having an 100 pound per annum may seize the gun and must break it or lose 40 shill if he break it not within twentie dayes Lam. 454 462. but may keep the crossebow or stonebow Dal. 49. No person not having an 100 pound per annum may carrie in his journey any gun charged or bow bent but onely in time and service of warre or going to the musters None may shoot in a gun near to a market town but in defence of his house or person or at a but. The master may not command the servant to shoot except at a but or bank of earth or in warre Exceptions out of the Statute 1 Shooting at a but or bank of earth by servingmen whose masters are inabled by statute 2 Inhabitants of market towns 3 Dwellers alone or neare the sea-side 4 Gunmakers or gunsellers 5 Those that have placards may shoot according to their placards Dal. 49 50. Any under the value of 100 pound per annum licensed to shoot in crossebow or hand-gun is to present his name to the next Justice by him to be presented and recorded at the next Qu. Sessions or else the Justice to lose 20 shillings 2. Ed. 6. 14. Lam. 296 299. Quaere if this be now in use Lam. 330. Any licensed at Q. Sessions to shoot in hand-gun or birding-piece for hawks meat is to shoot onely at fowl not prohibited and to be bound in 20 pound 1. Jac. 27. Any two Iustices of Peace may commit to the goal for 3 moneths any that shoot with gunne on bow at any Partridge Phesant house Dove Mallard or at such fowl or at any Hare 1. Jac. 27. Currier vide Leather Customer vide Corn. Custos Rotulorum Custos Rotulorum hath the custodie of the Records and of the Commission and ought to see that they be brought to the Sessions Lam. 371 373. Lam. 387. Custos Rotulorum is alwayes a Iustice of Quorum Lam. 371 372. Custos Rotulorum alone cannot summon a Sessions seeing that he hath no more authoritie in that behalf then any of his fellows hath Lam. 367. Lam. 382. Cutpurse Taking of the goods of another to the value of 12 pence from his person into his own possession without assault or fear is felonie without Clergie 18. Elis 4. Lam. 267 271 401 405 534 547. Lam. 270. Dal. 229. But it
is felonie Lam. 226 229. 233. Escape suffered by him that receiveth a known felon is no felonie Lam. 226 230 234. Vide plus Prisoners To suffer one to escape that is arrested for an act which was not then felonie but by matter consequent fell out so to be is no felonie Lam. 234. but is fineable Dal. 241. Cro. 39. a. Lam. 230. A prisoner under arrest onely escaping the escape must first be presented before he that suffered the escape shall answer it Dal. 242. A Justice sendeth for a felon out of the goal and freeth him without bail it is felonie in the Justice Dal. ibid. Cro. 39. b. A Justice pro defectu scientiae baileth one not bailable it is but a negligent escape Dal. 242. Cro. 39. b. Offender upon his examination before a Justice confesseth the felonie who letteth him go without commitment or bail it is a voluntarie escape and so felonie in the Justice Dal. 260. Cro. 39. a. A town not walled must answer the escape of a manslayer in the day time Dal. 256. Cro. 40. b. The hundred must answer for a man slain out of the town and for insufficiencie the countie shall be charged Dal. ibid. Goaler or other officer suffereth his prisoner to go abroad for a time though the prisoner return as he was prescribed or let his prisoner go by bail or baston it is a negligent escape and fineable but Quaere for prisoners ought to be kept in salva certa custodia Dal. 240. Voluntarie escape of one arrested or committed for felonie is felonie in the goaler if for treason it is treason if for trespasse it is trespasse Dal. 241. A thief being in the custodie of the Constable doth suddenly hang drown or kill himself it is a negligent escape Dal. 270. Escheators Escheator other then those of a citie or borough that takes upon him the office not having lands in the shire of 20 pounds per annum or for life at least or that hath sold or set to farm the office to one for whom he will not answer and whose name he doth not certifie within â—0 dayes into the Exchequer shal be fined 40 pound 33. H. 8. 22. Lam. 409 414 429. Escheator taking for execution of any writ in any countie above 40 shill or 40 shill where the land is not held in capite shall be fined 40 shill 23. H. 6. 17. Lam. 410 414 430. Escheator taking above 15 shill for finding out an office not exceeding five pounds a yeare loseth 5 pounds 33. H. 8. 22. Lam. 410 415 430. Evesdroppers Evesdroppers which shall by night evesdrop mens houses are to be bound to the good behaviour Dal. 161. Evidences Justice of Peace must binde over informers for felonie to appeare and give evidence against the felon at the next generall goal-deliverie Dal. 39. Justice of Peace must binde such as declare any thing materiall to prove the felonie to appeare at the next goal-deliverie and give evidence Dal. 259 261. Examination taken by a Justice of Peace in one countie may be certified into another countie and there read and given in evidence Dal. 264. Estreats Estreats are the extracts of fines forfeitures and amerciaments made by the Clerk of the Peace by indentures the one delivered to the Sheriffe the other to the Barons of the Exchequer Lam. 59â— Lam. 548 562. Estreats of the penaltie for shooting in gunnes are to be recorded and sent into the Exchequer by the Justice that had the examination of the matter Lam. 292 295 297. Sheriffe or his minister that shall levie any of the Kings debts without shewing the partie the estreats under the Exchequer seal shall be sined and pay treble damages to the partie 24. E. 3. 9. 7. H. 4. 13. Lam. 411 416 432. He that estreateth issues of others then were chargeable or charged loseth five marks to the King 27. El. 7. Lam. 413 417 432. Examination Felon brought before a Justice must be examined before he be committed to prison and the information of those that bring him must be put in writing within two dayes after and the party bound to appeare and give evidence at the next goal-delivery 2. and 3. Ph. Mar. Lam. 196 207 212. Before the statute the examination of a felon was not warranted at the Common law for nemo tenetur prodere seipsum ibid. but the offender shall not be examined upon oath Dal. 264. Circumstances observable in examination of a felon Lam. 202 213. Dal. 260. Lam. 218. In what offences conviction shall be by examination vide the severall offences Conviction cannot be by examination onely but where the statute giveth it either by referring it to the discretion of the Justices or specially limitting it Lam. 504 515 534. Where the statute limitteth conviction to be by examination generall a Iustice of Peace may examine as well the offenders as witnesses Lam. 505 517 535. Where the examination of a Iustice of Peace is the conviction of the partie it ought to be upon oath but when it is but to inform the Jurie upon that enditement it needs not ibid. Lam. 536. Examination of witnesses is to be taken as well against as for the King Dal. 265. but Quaere whether it may be upon oath which maketh against the King Confession of an offender before a Iustice of Peace is not conviction except he confesse the same again upon his triall or arraignement Dal. 268. Extolling forrain power vide Treason Extortion Ordinarie Archdeacon Officiall Sheriffe Escheator Coroner Under-Sheriffe Bailiffe Goaler or other officer that by colour of his office taketh more then his fee or any fee or reward for expedition or unlawfully exacteth any oath or other undue thing Lam. 409 414 434. Any thing taken colore officii is extortion but virtute officii is allowable Cro. 57. b. The Sheriffe or Goaler taking any thing of a Constable for bringing a felon to the goal it is extortion 4. E. 3. 9. loseth 10 pounds Cro. a. 58. b. If the Ordinarie or his minister take any thing to allow a Schoolmaster to teach children 23. Elis 1. Cro. 58. a. The Marshall detaining a prisoner after he is discharged by the Court for any thing due to him but his fees Cro. ibid. The Ordinarie citing a lay person to appeare in the Spirituall court to depose there as a witnesse Cro. 59. b. Vide plus Fees A man prescribeth to have 4 pence of every one whose beasts are taken in his ground damage fesant being impounded and to make amends to him at his will it is extortion if he take it Cro. 58. b. To take any thing for a mortuarie contrarie to the statute 21. H. 8. 6. where the goods come not to 20 nobles besides debts or for married woman or infant or one that keeps no house or way faring man or any that is not resident where he dyed is extortion Cro. 59. a. Faires and Markets HE that keepeth a faire or market in a Church-yard shall be fined Stat. Wint.
onely remove the force ibid. Lam. 162. Of causes to stay granting of restitution vide Dal. 187. Forfeitures of a recognizance taken for the Peace Whatsoever is a breach of the peace the same is a forfeiture of the recognizance Dal. 148 as 1 To threaten a man to his face to beat or kill another Dal. 148. Cro. 136. b. Lam. 115. but not if he be absent ibid. 2 To strike at or offer to strike at a man though he hit him not 3 All affrayes malicious and violent striking or other misintreatings of the person of another Dal. 148. Lam. 127. 4 To go with companie or weapons unusuall Dal. ibid. Cro. 137. a. Lam. 126. 5 To command or procure another to break the Peace and if it be done in deed Dal. 148. Lam. 115. Cro. 137. a. 6 Imprisoning or arresting another without warrant Dal. 148. Lam. 127. To thrust one into the water whereby he is in danger of drowning To ravish a woman against her will To commit burglatie robberie murder manslaughter or do any treason against the person of the King Dal. 149. Lam. 127. To be riotously assembled The act that breedeth the forfeiture of a recognizance of the Peace must be done unto the person of another Dal. 149. Of a recognizance vide recognizance vide plus breach of the Peace and Fines One committed for pettie larcenie and convicted thereof shall forfeit his goods Lam. 273. Dal. 230. Cro. 36. b. Forfeitures upon statutes vide Severall statutes Forgerie Second forgerie of deeds concerning anothers land after a former conviction is felonie 5. El. 14. but not enquirable by the Iustice of Peace Lam. Dal. 244. Cro. 56. b. Forrain Plea One indicted of pettie treason â—…rder or other felonie pleadeth a forrain Plea triable by Jurie it shall be tried before the Iustices before whom he was indicted and by the jurours of the same Countie 22. H. 8. 14. 32. H. 8. 3. Lam. Forrester killeth any man in his office making resistance it is justifiable 21. E. 1. Forestalling and Forestallers Forestaller is he that buyeth or contracteth for any victuals or wares before they come to the market faire or port or moveth the partie to the price or not to bring them to the market faire or port Lam. 450. Forestaller convicted before the Iustice of Peace at the quarter Sessions by examination of two witnesses or presentment for forestalling for the offence shall 1 Lose the goode and be imprisoned 2 moneths without bail or mainprise 2 For the second lose double the goods and be imprisoned for 6 moneths 3 For the third lose all his goods stand in the pillorie and be imprisoned during the kings pleasure 5. E. 6. 4. Lam. 570. The moytie of the forfeiture upon the statute of forestallers due unto the partie is to be levyed by Fieri facias or Capias to be awarded by the Iustice of Peace Lam. 584. Fowlers and Fowling Shooter taker or destroyer by gunnes bows setting dogs nets or other engines of any Phesant Partridge Pigeon Heron Mallard Duck Teal Wigeon Growse Heathcock Mooregame or such fowls upon conviction by confession or oath of two witnesses before two Iustices of Peace where the offence or apprehension is to be imprisoned 3 moneths without bayl unlesse he pay to the Churchwardens of one of the places to the use of the poore 20 shillings for every Phesant and also for every egge of Phesant Partridge or Swan taken or destroyed or after one moneth of his commitment become bound with two sureties in recognizance of 20 pound never to do the like the same recognizance to be returned to the quarter Sessions 1. Jac. 27. Lam. 334. Dal. 67. Vide Partridges and Phesants Games vide Unlawfull games Goal Goaler GOaler or Sheriffe may make a goal of his own house so cannot a constable not Iustice of Peace Lam. 133. Dal. 129. Goaler suffers a felon to go at large and he escapes it is felonie in the goaler not in the prisoner Lam. 229. Dal. 239. P. R. 147 149. Goaler by hard and cruell custodie compells his prisoner to become an approver it is felonie 14. E. 3. 17. Lam. 231 420. Dal. 244. Cro. 49. a. Goaler killeth â—n unruly prisoner which doth assault him it is no felonie Lam. 235. Goaler by hard usage killeth his prisoner it is murder Lam. 240. Goaler that taketh above 4 pence upon commitment of any prisoner arrested or attached forfeiteth 40 pounds Lam. 23. H. 6. cap. 10. Goaler or Sheriffe refusing to take a felon delivered by Constables or Township or taking any thing for receiving is to be fined 4. E. 3. 10. Lam. 434. Six Iustices may in sundry shires take order for the common goal whereof the Sheriffes shall have the custodie and to which murdeâ—… and felons c. shall be sent and may perform many incidents thereto by the statute 23. H. 8. cap. 2. 13. Elis 25. Lam. Accountant for money levied for the goal to build it goeth into another countie the Iustice of Peace where the goal is may send an attachment for him unto another shire 33. H. 8. cap. 5. 5. Elis 24. Lam. 525. Goaler suffereth a prisoner to go abroad out of his sight and he returneth again it is an escape 240. Cro. 39. b. Goaler refuseth to receive one arrested for felonie the town must keep him till the goal-deliverie Dal. 289. Cro. 172. a. but the goaler denying to receive such shall be punished by the Iustices of goal-delivery ibid. Goaler shall take no fees of any servant carpenter mason nor other labourer committed for refusing to serve on pain of 10 pound to the King and 100 shill to the partie 34. E. 3. 9. Cro. 185. a. b. Glassemen Glassemen of honest life may travell without begging within the countie by license of 3 Iustices under their hands and seals one being of the Quorum 39. E. 24. but by 1. Jac. 7. they are made rogues and so to be punished Goldsmith Goldsmith or worker of gold must work as fine silver or gold in allay as the sterling and set his mark on it or forfeit the double value 2. H. 6. 14. Lam. 467. Nonâ—â—o gild any thing or any metall but silver except spurres of Knights and apparell of Barons or above on pain of 10 times the value and a yeares imprisonment 8. H. 5. 3. Lam. 467. Good abearing Good abearing may be granted upon discretion and that by one Iustice of the Sessions yet better not to command it but upon speciall cause seen to themselves or upon suit of others and those very honest and seldome for one cause alone and not by one Iustice onely Lam. 120. Dal. 159. Good behaviour may be granted by speciall writ out of the Chancerie Custodibus pacis vicecomiti eorum cuilibet upon the statute of 34. Ed. 3. 1. Lam. 117. Dal. 159. For what causes it is grantable Dal. 160. 1 Against common barrettours quarrellers and disturbers of the Peace 2 Rioters 3 Lyers in wait to rob 4 Generally feared
Peace next inhabiting may charge the collectors of a revenue of an Hospitall upon a pain presently to account and to imploy the surplusage to the use of an Hospitall L. 556. 14. Elis Case 5. 39. Elis 18. Hospitality vide Religious house House 1 A mans house is his castle for defence D. 177. 2 It protecteth against any arrest at the suit of any subject ibid. 3 In some cases it is a priviledge against the Kings Prerogative for it hath been adjudged that Salt-peter men may not digge in a Mansion-house without the Kings consent ibid. Theeves or murderers attempting to rob or murder a man in his house he may assemble company kill any of them and forfeiteth nothing ib. He may beat him that will enter upon his possession but may not kill him Quaere if he may hire strangers to aid him or put his ordinary company in armour Dal. 177 178. Vide plus Homicide House of Correction House of Correction with implements and backsides fitting for setting on work idle persons to be erected and provided in a convenient place in every county before Michael 1611. the same to be conveyed over to such as by the greatest part of the Iustices at the Q. Sessions shall be chosen to be imployed for setting on work idle and disorderly persons on pain of 5 pound for every Iustice of Peace the one moytie to the informer the other towards the erecting of the house 7. Jac. 4. Master of the said house to be appointed by most of the Iustices of the Q. Sessions next after providing of the said house who is to set on work and moderately to correct by whipping or fettering such persons as shall be sent to him 7. Jac. 4. Constables shall appeare before the Iustices of Peace twice in the yeare and give account upon oath in writing under the hand of the minister what rogues have been apprehended and how many punished 7. Jac. 4. Master of the house of correction giving sufficient securitie for performance and continuance of his service is to have yearely such money as by most of the Iustices at Q. Sessions shall be thought meet to be paid quarterly by the Treasurer or els the master to levy it in such sort as the Treasurer may 7. Jac. 4. Constables not safely conveying to the house of correction such as by the Iustices of Peace at their meeting for the execution of the statute 7. Jac. 4. shall be sent thither to pay such fine under 40 shill as by most of the Iustices shall be assessed 7. Jac. 4. A woman having a bastard which may be chargeable to the parish for the first offence to be sent to the house of correction one yeare for the second offence to be sent to the house of correction and to remain there till she finde sureties for the good behaviour and not to offend so again 7. Jac. 4. Any able to work and threatning to runne away and leave their families upon the parish upon oath of two witnesses before two Iustices of the said division to put in sureties for discharge of the parish or to be sent to the house of correction 7. Jac. 4. Master of the house of correction quarterly at the Sessions must yeeld account of such as have been committed or is to be fined by most of the Iustices 7. Jac. 4. If any committed become troublesome to the countrey by going abroad or escape without lawfull delivery the master is to be fined by most of the Iustices at the Q. Sessions 7. Jac. 4. All penalties not limitted by the statute 4. Jac. 4. shall be payd to the Treasurer and accounted by him 7. Jac. 4. Vide plus Poore people Hunting One Justice of Peace upon information of any unlawfull hunting of Deere or Conyes by night or with painted faces or other disguising in forrest park or warren may make warrant to the Sheriffe Constable Bayliffe or other officer to take the party suspected and to bring him before him or some other Justice to examine him thereof and if he conceal the hunting or any offender with him therein the concealment is felony in the concealer but the truth confessed is but fineable at the next Q. Sessions 1. H. 7. 7. Dal. 57. L. 191. To disobey such a warrant or make rescous thereupon is felony 1. H. 7. 7. Dal. 57. The Justice of Peace that taketh examination of the offender may after the examination binde the offender to his good behaviour to the end he be forthcoming till the offence and the offenders be lawfully examined Dal. 57. Unlawfull hunting by 3 or more will grow a riot Dal. 57. Any by night or day wrongfully entring into any inclosed ground kept for keeping of Deer or Conyes and there chasing or killing of them upon conviction to be imprisoned 3 moneths without bayl and there to continue till he pay treble damages and costs to be assessed by the Iustices before whom he is convicted or pay to the party grieved 10 pound at the election of the party grieved 7. Jac. 13. and finde sureties for his good behaviour 7 yeares 3. Jac. 13. Lamb. 441. The party grieved or the Iustice of Peace upon satisfaction of the party grieved and confession of his offence and that he is sory for the same in open Sessions may release the offender of his bond for the good behaviour 3. Jac. 13. The statute 3. Jac. 13. doth not promise offenders in parks or inclosed grounds made after the statute without the Kings license 3. Jac. 13. Enquiring hearing and determining of offences against the statute 3. Jac. 13. may be made by the Iustices of Peace and Peace and Goal-delivery at the Sessions and they may award processe upon enditements informations bills of complaint or other actions wherein no essoin c. 3. Jac. 13. Any not having lands of inheritance in his own or wives right of the cleare yearly value of 10 po or for term of life of 30 po per annum or goods to his own use worth 300 po keeping Greyhound to course deer or hare except the sonne of a knight or Baron of parliament or sonne and heir of an Esquire upon conviction by confession or oath of 2 witnesses before 2 I. of P. where the offence is the party apprehended to be imprisoned 3 moneths without bayl except he presently pay to the Churchwardens where the offence was committed or party apprehended 40 shill to the use of the poore of the said parish 1. Jac. 27. Any having lands in fee simple or fee tayl of a 100 po per annum finding any not having lands of 40 po per annum nor worth 200 po in goods to use any gun bow dogs or engines for killing of deer or hare except parker or warrener or owners of either of them or other grounds inclosed for deer or conyes that shall be yearely worth 40 shill may take any their gunnes bowes engines and dogges and keep them to his own use 3. J. 13. Lay person
estreats of issues then of right are due forfeiteth 5 marks to the King as much to the partie 27. Elis 7. Lam. 32. Forfeitures of issues by jurours are to be levyed by Records of execution awarded by the Iustice of Peace 27. Elis 7. Lam. 585. Judgement Ambiguitie arising in judgement the Iustice of Peace shall forbear to proceed till the Iudges come but if they will proceed the judgement is not void but must be reversed Lam. 568. Where the statute appointeth a punishment there judgement must be according to the statute upon trespasse riots and such other offences where no forfeiture is prescribed judgement is to be taken and ransomed Lamb. 510. Vide plus the severall offences Iuglers vide License Jurours Iurours both for enquirie and triall ought to be Probi legales homines Lam. 396. What persons may not be jurours and being jurours make presentments void unlesse there be twelve besides 1 Attainted in conspiracie 2 Attaint 3 Decies â—antùm 4 Subornation of perjurie 5 Concealment c. and their presentment void unlesse there be twelve besides them that are not blemished Lam. 396. 6 Outlawed 7 Abjured 8 Condemned in a Praemunire 9 Attainted of treason 10 Felonie c. ibid. 11 Women 12 Infants under 14 yeares of age 13 Aliens 14 Clergie-men ibid. Iuroure must be inhabitants or freeholders within the Countie to the value of 40 shillings per annum but in Cities and Boroughs to the value of 40 shill in goods 369 397. Iurours for triall of an indictment within the Countie Palatine of Lancaster must have 5 pound per annum ibid. Iurour 70 yeares old or decrepit returned by the Sheriffe must serve if the Iustice will but he may sue the Sheriffe upon the statute of Westminster 2. 38. Lam. 397. if he be exempted by Charter Lam. ibid. Iurour exempted by Charter with these words Licet tangat nos is to be discharged upon his appearance but he ought to shew it to the Sheriffe ibid. When there is want of sufficient Iurours no exemption can discharge ibid. Presentment is good though some of the Iurours he allyed to him that procureth the presentment but it is no discretion in the Iustice to suffer any such to be impannelled Lam. 398. If the particular jurours for the hundred cannot be supplied by those of the hundred it is better to take Tales de circumstantibus of other hundreds then to be renewed with a Tales from Sessions to Sessions Lam. 398. Jurie of one hundred may present an ofâ—…nce done in another hundred Lam. 399. Iustices may command the Sheriffe to alter the pannell and he refusing forfeiteth 10 pound ibid. 3. H. 8. 12. All the jurours must be sworn otherwise their presentments are void but the Record being that all the jurours were sworn the presentments are good though all be not sworn Lam. 399. Iurour after he is sworn upon cause may be removed by the Iustice Lam. 400. 20. H. 6. 5. Iurie after swearing adjourned to another time may be then sworn again ibid. Iurours of enquirie must be 12 but there may be more and it is best to have them odde Lam. 400. ibid. If 12 jurours do agree the residue cannot gainsay ibid. Iuries of enquirie ought not to be committed to a keeper nor kept without victuals nor carried out of the town but may be adjourned to another place to give up their verdict Lam. 400. Iurours which do carefully conceal offences presentable and which be complained of by bill may be enquired of by persons whereof every one may dispend 40 shillings per annum and such concealment being found within a yeare after every jurour shall be amerced in open Sessions 3. H. 7. 2. Lam. 400 401. Iurours that discover what they have done are to be fined Lam. 402. Iurour taking any thing to make a favourable presentment shall be imprisoned and ransomed Lamb. 441. Cro. 84. a. No jurour to be returned without an addition whereby he may be known 27. Elis 7. Vide plus Challenge Justices of the Peace Iustices of Peace were created 1. Ed. 6. 3. 16. Dal. 4. Lamb. 20. Iustice of Peace is Iustice of Record Dal. 415. Cro. 120. a. Lam. 62. He may take a recognizance of Peace which none can do but a Iudge of Record Dal. 6. Lam. 186. Cro. 196. His warrant is not disputable by the Constable Dal. 6. Lam. 65. Cro. 147. b. but it is to be understood when the Iustice of Peace hath jurisdiction of the cause Dal. 6 292. Cro. 147. b. Lam. 65 91. His testimonie in some cases is of as great force and in some cases greater then an indictment of 12 men upon oath as in the cases of force riots presentments of high-wayes Dal. 6. Lam. 65. The authoritie granted to Iustice of Peace by commission doth determine by oath of the King at the Kings pleasure As to be discharged by wiâ—… under the great seal 2 By Supersedeas 3 By granting a new commission and knowledge thereof Dal. 8. Cro. 188. a Lamb. 77. 2 By publishing the new commission at Assizes or Sessions or any countie court 3 By holding open Sessions by vertue of the new commission Dal. 8. Cro. 188. a. Lam. 69. Exercising the office of a Justice of Peace before oath taken is fineable Dal. 11 304. Justice of Peace hath not authoritie but in the countie where be is Justice Dal. 21. Justice of Peace is not to meddle with offences done out of the countie Dal. 16. Cro. 120. b. except some statute enable him or some matter of Peace or Felonie Dal. 21. Justice of Peace is not to intermeddle in any citie or corporation which have their proper Justices Dal. 21. Cro. 8. a. 181. b. 189. 2. Justices of Peace ought not to execute their offices in their own case Dal. 304. Cro. 68. a. Yet a Justice of Peace being assaulted may commit the offender to prison Dal. 128 304. Cro. 68. a. Lam. 134. So Crompt thinketh that a Justice of Peace may record a forcible entry made upon his own possession and commit the offender Cro. 67. b. 68. a. Justice of Peace chargeth one that maketh an assault or affray to keep the Peace who answereth he will not the Justice of Peace may binde him to his good behaviour Dal. 162. Iustice of Peace must proceed by the prescript of the commission and statute Dal. 18. Where the statute referreth the triall c. to the Iustice of Peace his discretion it seemeth he may examine upon oath Dal. 20 121. One Iustice of Peace ought not to binde one to appeare at the Qu. Sessions to answer his fauit committed against a penall law except the statute of Labourers Lam. 187. Every Iustice of Peace is a conservatour of rites within his countie Lam. 18 9. Iustice of Peace not giving remedie to the partie grieved in a cause that may be heard determined and executed by him upon complaint to the Iudges of Assize or the Lord Chancellour is to be put out of commission by the
Lord Chancellour and punished according to his desert 4. Hen. 7. 12. Lam. 330. Dal. 305. One Iustice of Peace may command fresh suit hue and cry and search to be made by officers and others after theirs robberies enjoyn watches for the arresting of suspected persons and night-walkers high-wayes to be enlarged that two Constables be chosen in every hundred forbid faires and markets in Churchyards command all between 15 and 60 to be sworn to the peace charge the Constable to arrest all such as be suspected to be draw-latches Lam. 185. Iustice of Peace taking bond in his own name and not anno Regis in a cause touching the King is to be imprisoned 33. Hen. 8. 39. Iustices of Peace at their Sessions are of equall authoritie Lam. 385. Vide Cro. 122. ann 33. The authoritie of a Iustice of Peace doth cease 1 by the Kings death 2 by the expresse will viz. by writ under the great Seal or supersedeas 3 by being left out of the commission 4 by accession of another office as being made Sheriffe or Coroner of the countie Dal. 89. Cro. 121. ann 314. Iustice of Peace must send his prisoners to the common goal Lam. 133. Dal. 30. 125. A felon is brought before a Iustice of Peace upon suspicion though it appeare to the Iustice he is not guiltie yet he may not set him at libertie but so as he may come to his triall Dal. 260 305 242. Lam. 233. Cro. 40. b. 100. b. otherwise it will prove a voluntarie escape in the Iustice for he is not to be delivered by any mans discretion Dal. 8. Lam. ut suprá A man is arrested for felonie by a Constable or other who afterwards hath knowledge that there is no such felonie done the opinion of Keble was that he might set him at libertie but if one be killed and another be arrested for suspicion though after he know the arrested is guiltlesse or was arrested for malice he ought not to set him at libertie but must be delivered by course of law otherwise it is felonie Cro. 40. What things a Justice of Peace ought to do ex officio Record a demurrer upon the evidence Lamb. 539. Give day to the partie to bring in a record that it before other Iustices which is pleaded by way of justification Lam. 534. If thinking an enditement to be void they have discharged the prisoner paying his fees yet upon change of their opinion they may stay him any time before judgement Lam. 540. Iustices of Peace ought not to suffer the King to be disadvantaged if they may lawfully prevent it Lam. 540. In absence of the Kings Atturney the Iustice of Peace may take issue with one that pleadeth a pardon that he is one of the parties excepted Lam. 540. Iustice of Peace cannot acquit felons of proclamations but if no prosecution be they are to keep them till the coming of the Iustice of goal-delivery Lam. 550. Iustice of Peace may enquire of all manner of felonies at the common law or given by any statute and of ail manner of trespasses done against the Peace of the King and of such trespasser wherein action of the case will lie for trespasse or decritz for in the end of the writ grounded upon the case is contained contra pacem nostram Cro. 8. â— One J. of Peace rebukes another neither he nor any of his fellow Justices can commit him for all are by one authoritie but if one Justice abuse another in open Sessions it seemeth the rest may binde him to the Peace Cro. 102. a. Fitz. 32 92. Defaults against the statute 3. Hen. 6. 11. for levying of wages for Knights of the shire are to be heard and determined by enquirie for the King or action for the partie before the Just of Peace Lam. 512. Labourers and Servants ONe Justice of Peace may cause all artificers and other persons meet to labour by his discretion to work by the day in hay and corn-harvest time or imprison the refusers in the stocks for two dayes and one night 5. Elis 2. Dal. 59. The Constable refusing to stock them loseth 40 shill One Justice of Peace under his hand and seal may license labourers in hay and harvest time to go into another countrey to work Dal. 59. One Justice of Peace upon complaint may compell meet persons to be bound as apprentices to husbandry or any other art c. and for refusall commit them to ward there to remain untill they be bound to serve according to the statute Dal. 53 76. 5. Elis 4. One Justice of Peace may take order betwixt the master and apprentice for want of conformitie in the master binde him over to the Qu. Sessions where foure Iustices one being of the Quorum may discharge the apprentice and if fault be in the apprentice inflict due correction Dal. 59. but if the first Iustice finde fault in the apprentice he may by 7 Jac. send him to the house of correction as an idle disorderly person Dal. 60. One Iustice of Peace may allow of the cause of putting away of a servant or of his departure within his â—…m Dal. 60. But an apprentice by 4 Iustices of Peace in open Sessions ibid. One Iustice of Peace may command vagrant persons to prison if they will not serve Dal. 63. One Iustice of Peace may make his warrant to attach a servant departing to be at the Sessions or may send him to the house of correction Dal. 77. Two Iustices of Peace upon complaint that a servant departed before the end of his term except 1 cause be allowed by one Iustice of Peace or a at the end of his term without one quarters warning before two witnesses or 3 hath refused to serv for the wages appointed according to the statute or 4 hath promised to serve accordingly and doth not may examine the matter and may commit without bail such faultie person till he be bound to serve and continue and then he is to be discharged without see to the goaler Dalt 60. Lamb. 350. Two Justices of the Peace may imprison the master for 10 dayes without bayl and the servant for 21 dayes that giveth or taketh greater wages then are allowed by statute Dal. 61. Lamb. 330. All retainer promise or payment of wages or any other thing contrary to statute and every writing and bond for the purpose is void Dal. 61. 5. Elis 4. Two Justices of Peace may imprison for a yeare or more any servant workman or labourer that doth make assault or affray upon his master or any that hath the charge or oversight of them or of the work being proved by the confession of the party or oath of two Dal. 6â— Or the Justices at the Sessions may inflict other punishment One Iustice may binde the offender to the good behaviour and so to the next Sessions Dal. 78. Edit 16â—6 Lam. 330 473. Two Iustices may compell any woman of the age of 12 and under 40. being unmarried to serve by
the yeare week or day for such wages as they shall think meet or commit her to ward till she be bound Dal. 61. Lamb. 330 331. The retainer of any to serve in the arts of clothing Wooll-weaver Tucker Fuller Clothworker Sheerman Dyer Hosier Taylor Shoemaker Tanner Pewterer Baker Brewer Glover Cutler Smith Farrier Currier Sadler Spurrier Turner Bowyer Fletcher Arrowhead-maker Butcher Cook or Miller for lesse then a yeare is void 5. Elis 4. Lamb. 473. Any unmarried or under thirty yeares and married me compellable to serve in any of the the said arts or to be imprisoned untill they will serve 5. Elis 4. upon request of any person using the said trades except the person be lawfully retained with some other or have 40 shill per annum in lands or 10 pound in goods or some farm in tillage Dal. 60. Lamb. 473. None retained in husbandry to depart at his time into any other limit without testimony on pain of 20 dayes imprisonment and to be whipped if then he brings none and receiver of such loseth 5 pound Lamb. 474. Dal. 64. Labourers not working so many houres as they ought lose a peny an houre Lamb. 474. Servant falling sick or non potens corpore the master may not put him away nor abate his wages Dal. 83. Any taking work by great and departing unlawfully before the work be finished loseth 5 po and is to be imprisoned for a moneth Lamb. 474. Any taking an apprentice contrary to order of law or exercising an art not being apprentice therein 7 years loseth 10 pound 5. Elis 4. 5. Lamb. 475. Servant departing into another shire is indicted for it in the county whence he departed the Justice of Peace may award a Capias to the Sheriffe of that shire whereunto he departed returnable before themselves 5. Elis 4. Lamb. 525. The sufficiency of the cause of the masters putting away of his servant or the servants departing from his master within his term must be proved at the Q. Sessions Lamb. 610. Houshold servant spoileth the goods of his deceased master and after proclamation in the Kings Bench maketh default of appearance there it is felony but not enquirable by the Justice of Peace 33. H. 6. 1. Lamb. 281 548. A man not able nor sufficient to keep a servant doth retain a servant such retainer is void Dal. 63. Retainer of a servant in husbandry without expressing any term shall be for one year Crom. 184. Dal. 64. it is according to the statute 5. Elis 4. One retaineth a servant for 40 dayes and afterwards another retaineth him for a year the first retainer is void Cro. 184. a. Dal. 64. A servant cannot be discharged by his master without his own agreement or for some cause allowed by a Justice of Peace Dal. 64. An apprentice cannot be discharged by his master but by writing for an apprentice cannot be but by writing Dal. 64 62. Cro. 184. b. 185. b. A servant put away shall have his proportionall wages for the time he served but it must be by the help of a Justice of Peace Dal 64. A servant of his own accord departing from his service loseth all his wages Dal. 64. A servant refusing to do his service it is a departure in law though he stay still with his master Dal. 64. Detaining of wages or of meat and drink is good cause of departure but to be allowed by a Justice of Peace Dal. 64 65. Cro. 185. a. A woman married after she is retained must serve out her time Cro. 184. b. Dal. 63. No servant in husbandry artificer or victualler nor any labourer shall carry any buckler dagger or sword on pain to forfeit the same but for defence of the realm or travelling with their master or about their masters businesse 12. R. 2. b. Cro. 185. b. Any two Justices of Peace may give their consents with the Churchwardens and overseers or to the greater part of them to binde as apprentices the children of poore parents till the age of the man-childe of 24. and of the woman till 21. 39. Elis 3. Lamb. 331 327. 43. Elis 2. Dal. 63. Retainer according to statute though no wages be spoken of is good and shall have wages according to the proclamation Dal. 61. Retainer not being according to statute is void except it be by Indenture Dal. 81 82. Retainer upon condition is good Dal. 82. Retainer without expressing in what office is good Dal. 82. Retainer for life is good Dal. 82. Retainer for a yeare to serve when he shall be required is not good Dal. 82. By retainer the servant is presently in service though he come not into his masters service indeed Dal. 82. The executour the master dying must pay wages to the servant hired according to statute not otherwise except it be by Indenture Dal. 83. Larceny Larceny is the felonious and fraudulent taking another mans personall goods removed from his body and person without his will to the end to steal them Lamb. 271. P. R. 129. Personall goods are Wholly anothers Dead Alive His own yet also a party in another Dead goods In their own nature chattels as money plate houshold-stuffe Lam. 273. wooll severed from the sheeps backs to take the skinne and leave the bodie the flesh of tame or wilde fowl or beast 275. goods of the Church parish or of an unknown person 276. Once no chattels and made chattels by the owner as mowed corn mowed hay wood felled apples gathered c. 273 276. Alive Tame as horses beasts sheep swine pullen 273 274. Wilde made tame by Art Restraint of libertie By art as A tame deer by common law 275. By statute a falcon tarcelet lanner lanneret lost without bringing it to the Sheriffe to be proclaimed 274. By restraint of their libertie as young pigeons young herons young hawks out of their nests fish in a trunk stew or pond 274. A mans own goods Where he hath given a speciall propertie to another as by bailment pawning c. and feloniously taketh it again 277. Where one coming lawfully to the possession by lending altereth the propertie as by melting of borrowed plate and the lender taketh the metall feloniously 277. In what goods larcenie cannot be commited In goods of Profit Pleasure Goods of profit as where is An owner and they are Reall Personall No owner as treasure trove wrecked strayed Lam. 276. Reall are Distinct from the freehold as charter of land or award Lam. 275. Annexed to the freehold as apples on the tree a tree growing lead from a house or from a Church Lam. 276. Personall as wilde things using their wildenesse as pigeons flying hawks not reclaimed fishes in the river Lam. 274. Dal. 234. phesants partridges hares conies herons swans or deer that are abroad Lam. 275. Goods of pleasure as dogs apes parrats finging birds a diamond rubie or other stone not set in gold or silver Lam. 275. Larcenie is Grand larcenie Pettie larcenie Grand larcenie is where the thing stollen is
23. b. 27. a. One stabbed not having weapon drawn 1. Jac. 4. To kill an officer known in executing processe Dal. ibid. To kill an unknown officer if he shew his warrant and if an officer hath the Kings writ or lawfull warrant though it be erronious and slain in executing it is murder Dal. 209. Lam. 240. To kill any magistrate or minister of justice in executing his office or in keeping the Peace Dal. 209 210. Cro. 25. b. A rioter killeth an officer or an assistant coming to suppresse a riot Dal. 210. Cro. 23. b. it is murder in all the rioters A constable parting an affray or any of his company coming to aid him although it was suddenly and in the night Dal. 210. Cro. 25. a. A thief killing a true man in resisting is murder of malice prepensed Dal. 210. Cro. 21. a. Lam. 241. 1 A man carried his sick father into the frost whereby he died Dal. 210. Lam. 240. 2 An harlot hid her childe and covered it with leaves and a Kite strook it and killed it Dal. 210. Lam. 240. 3 The owner knoweth his beast to be accustomed to hurt and doth not tie him up and after the beast killed a man Lam. 239. In these three cases voluntas reputabitur pro facto for it sheweth that they had a will to hurt and the will doth amount to malice Dal. 210. and so to murder One having malice against another assaulteth that other and after flyeth to the wall and then killeth that other it is murder Lam. 239. One condemned to die is killed by a private person without warrant or by the officer contrary to the judgement it is murder Lam. 240. Prisoner killed by his goaler by over hard keeping it is murder One commandeth his servant to beat a man who beateth him so that he dieth thereof it is murder in the commander Dal. 212. murder in both Lam. 24. if it be in the commanders presence Many come to do an unlawfull act and one in doing thereof killeth a man it is murder in all although they did but look on Dal. 212 249. Cro. 22. a. 24. b. Lam. 241. Stam. 40. If they be not present yet if they be in the same house or upon the same ground it is murder in all Dal. 212. Cro. 25. a. Lam. 241. All present and aiding abetting or comforting another to do murder are principalls Dal. 171. 213 249. Cro. 22. a. Lam. 243. Two appoint the field and meet and bring companie with them and one of them is slain it is murder in all that came Dal. 213. Murder is intended to one and he killeth another it is murder Lam. 243. Dal. 212. A woundeth B in fight and after they meet suddenly and fight if B kill A it is murder for it is intended malice upon the former hurt but if A kill B it is but manslaughter for the hurt did appease his former malice Dal. 211. Lam. 251 238. Two in suit meet and quarrell and the defendant killeth the plaintiffe quaere if it be murder Dal. 211. Two fight upon malice and one of them killeth one that came to part them it is murder in both Dal. 212. Lam. 242. The owner rebuked one stealing his pears who killed the owner it was adjudged murder Dal. 212. Cro. 24. a. Lam. 241. Poisoning of another wilfully whereby he dieth is and was murder by the common law Dal. 211. The partie poisoned must die within a yeare and a day after receiving of the poison Dal. 213. After the beating or hurting another to make murder or other homicide the yeare and the day is reckoned from the stroke given Dal. 213. Cro. 25. b. An appeal hath relation to the death ibid. A woman delivered of a bastard endeavouring privately either by drowning or by secret burying to conceal the death thereof as that it may not come to light whether it were born alive or dead but be concealed shall suffer death as in case of murder except she make proof by one witnesse that the childe was born dead Justices of Peace may take Enditements of murder as of murder Lam. 493. Musters Convicted before the Justice of Peace for offence against the statute of musters shall be imprisoned 10 dayes without bail unlesse he pay the forfeiture being 40 shill which is for absence without reasonable excuse or not shewing his best furniture being commanded 4 5 P. M. 3. Lam. 349 482. The partie that sueth upon the statute of musters is to recover the forfeiture belonging unto him by action or bill of debt ibid. Lam. 583. Name THe names and sirnames of the partie indicted must be certainly expressed and if the indictment be of an accessarie in felonie the name of the principall must be set down also Lam. 488. Nets vide Hunting Partridges and Phesants News Contriver speaker or teller of false or counterfeit news whereof discord c. may arise betwixt the King and his Nobles or any other false news lies or other false things of Prelates Dukes Earls and Barons c. whereof discord and slander may arise within the Realm shall be imprisoned till he finde out the authour and if he cannot finde him shall be punished by the advice of the Councel West 1. E. 3. 4. 2. R. 2. 5. 12. R. 2. 11. 1. 2. P. M. 3. Next Justice Where the 13 H. willeth the Justice of Peace most nigh in every Countie where such riot or rout shall be to do execution of the statute under pain of 100 pound if any other Justice that be not next unto the place shall execute the statute it will excuse the next because all have power alike by the first part of the stat Lam. 326 327. Dal. 8. 6. P. R. 30. Night-walkers vide Watches Noble Personages A Noblemans promise to keep the Peace hath been held sufficient Dal. 131. Lam. 81 82. A Iustice of Peace may not grant warrant of the Peace against a Lord of the Parliament Dal. 132. Nor against a Dutchesse Countesse or Baronesse for they are Peers of the Realm and shall be tryed by their Peers and have the same priviledges that Dukes Earls and Barons have Dal. 132 133. Dutchesse Countesse or any noble by birth marrieth with a gentleman she loseth not her name of dignitie Cro. 110. a. Dal. 133. Quaere Vide Clergie that a Nobleman may have his Clergie for any felonie except wilfull murder and poysoning Non sanae memoriae There be 3 sorts of persons Non sanae memoriae or non compotes mentis 1 A naturall fool who is so from his birth 2 He that was once of sound memory and after by sicknesse hurt or other accident or visitation of God loseth it 3 A lunatick qui gaudet lucidis intervallis and sometimes is of good understanding and sometimes is not compos mentis Nusans Every man may in a peaceable manner assemble meet company to do any lawfull thing or to remove or cast down any common nusans Dalt 194. Cro. 66. a. Obedience
in perpetuam rei memoriam or if any have upon such procurement or by his own act wilfully committed such perjurie the procurer shall forfeit 40 pound and if not worth so much half a yeares imprisonment without bail stand upon the pilloâ—ie for one houâ—e and disabled for a witnesse for ever after The perjured 20 pound and six moneths imprisonment and ever disabled for a witnesse and if not worth 20 pound to have his eares nailed to the pollorie 5. Elis 9. 14. Elis 11. 1. Jac. 25. Lam. 416. Cro. 18. a. b. This offence to be heard and determined in the Sessions Lam. 609. Execution of the forfeiture upon the statute of perjurie to be awarded by the Justices of the Peace before whom the conviction was Lam. 505. Committing of perjurie upon answer to a bill of complaint is not within the statute of 5. Elis 1. but for a false deposition upon examination upon interrogatories Cro. 18. b. If any give false evidence upon a bill of enditement at the Sessions it is held he shall not be punished by the statute of 5. Elis for that the King is not named in the said statute Cro. 16. b. Pettie-treason The wilfull killing or joyning in killing of the husband by the wife the master or mistris by the servant the Ordinary by his clerk is pettie-treason 25. E. 3. 2. Lam. 245 246. Dal. 204 205. Cro. 19. b. The childe maliciously killeth the father or mother it is pettie-treason though the father or mother at the same time give neither meat drink nor wages to the said childe but it is treason in the said childe in respect of the dutie of nature violated Dal. 205. Cro. 19. b. But Lam. saith it is not treason in the childe if the father give it not meat nor drink as to a servant Lam. 245. and do their businesse for it is as a servant The sonne or daughter in law kill the father or mother in law with whom they dwell and do service and have meat and drink it is pottie-treason though such childe take no wages but the enditement shall be by the name of servant Dal. 205. Judgement in petty-treason is a man is to be drawn and hanged if a woman both in high-treason and pettie-treason to be drawn and burned Dal. 206. Lam. 570. The forfeiture for pettie-treason is the King shall have all his goods and for his lands Annum diem vastum and the escheat thereof shall be to every lord of his proper fee. Dal. 206. No clergie is allowed in case of pettie-treason Dal. 212. Pewter vide Brasse Physician One neither Physician nor Chirurgeon taketh upon him to cure a sick or wounded man who dioth under his hand it was felonie 34. H. 8. Lam. 240. Dal. 211. But if a smith or other having skill onely in curing and dressing diseases of horses or other cattell shall take upon him cutting or letting bloud or such like cure of a man who dieth thereof it seemeth to be felonie Dal. Pictures brought from Rome vide Agnus Dei Playes Players vide Unlawfull games vide Rogues Plague Head-officers and Iustices of Peace in a corporation or in a priviledged place or two of them may set a weekly tax on the inhabitants of the corporation or priviledged place or liberties thereof for the reasonable relief of persons infected or dwelling in houses infected within the said corporation or priviledged place 1. Jac. 31. Lamb. 337. Corporation or priviledged place not being able to relieve the persons infected therein upon certificate of the head-officer or Iustices of Peace or two of them to the two next Iustices of the Peace may assesse and tax the inhabitants of the countie within five miles of the corporation at a weekly tax for the relief of them 1. Jac. 31. Lamb. 337. There being no Iustice of Peace in the corporation or the infection being in a hamlet the two next Iustices of the countie may assesse the inhabitants of the countie within five miles of the place infected for the reasonable relief thereof 1. Jac. 31. Lam. 338. The taxes upon refusall to be raised by warrant of the head-officers or Iustices upon the goods of the refuser or upon default of goods returned the partie by another warrant to be impleaded till he make payment thereof with the arrerages 1. Jac. 31. Taxes made for the relief of places infected are to be certified at the next Qu. Sessions and there to be continued enlarged or extended to other parts of the countie or determined by the greater part of the Iustices 1. Jac. 31. Lam. 609. Taxes levied of the countie for the relief of an infected corporation are to be disposed by the head-officer and Iustices of the corporation or two of them and if there be no Iustice then by the Iustices assessors 1. Jac. 31. Officers negligent in levying of the taxes lose 10 shill to be imployed as the taxes 1. Jac. 31. Watchmen not to be impeached for hurting those infectious persons that being commanded to keep in will in offering to come forth resist the watchmen 1. Jac. 31. Any infectious person commanded to keep in goeth abroad and keepeth companie having an infectious sore uncured is felonie without corruption of bloud or forfeiture of goods if without sore to be punished as a vagabond by 39. Elis and bound to his good behaviour for a yeare 1. Jac. 31. Officers of a corporation and Iustices of the Peace in the countie may respectively appoint swear and direct searchers watchers and triers of infected persons and places 1. Jac. 31. Lam. 197. Plaints in Court One Justice of Peace may upon complaint examine the Sheriffe or Undersheriffe and plaintiffe concerning the taking and entring of plaints in their countie Court in bonks against the statute or any bayliffe of the hundred for not warning the defendant in such a plaint according to his precept from the Sheriffe or Undersheriffe and if he thereby finde them faulty that shall stand for a sufficient conviction and attainder without further enquiry or examination and these examinations the Justice must certifie into the Exchequer within a quarter of a yeare on pain of forfeiture of 40 shill for every default 11. Hen. 7. 15. Lam. 201. Dalt 107. Sheriffe entring plaints in any mans name that is not present in Court nor hath any sufficient Atturney or deputie loseth 40 shill So if he enter more plaints then the plaintiffe supposeth he hath cause of action for 11. Hen. 7. cap. 1. Lam. 431. Pond and Pond-heads vide Fish Poysoning vide Murder Pope To extoll the power of the Pope by writing printing preaching or any speech open deed or act advisedly holden or of his See hereto fore claimed and usurped within this Realm or to abbet procure counsel aid or comfort such is treason 5. Eliz. 1. Lam. 411. for the second offence for the first offence Praemunire Dalt 200. Preseâ—…ment at the Quarter Sessions for extolling the power of the Pope of Rome must be certified by
the Justices of Peace before whom it was taken into the Kings Bench within 40 dayes after if the term open if not then the first day of the next term or every J. lose 100 pound 5. Elis 1. Printer buyer seller or bringer from beyond the sea of any Popish Primer Lady Psalters c. in any language or other superstitious books in English loseth 40 shill a book whereof one part to the King another to the informer a third to the poore of the parish where the book shall be found 3. Jac. 5. Two Justices of the Peace may search the house or lodging of a Popish Recusant or whose wife is such for Popish books and reliques and finding any unmeet for them to use must deface and burn them or being of value deface them and restore them to the owner 3. Jac. 5. Poore People Traveller with wife and children not being a rogue dyeth or runneth away the Town where that happeneth is not bound to keep them nor send them away except they become wandring rogues Lamb. 208. Resol 7. Parents able to work are to finde their children by their â—…bour and not the parish Resol 8. None is to be removed out of the Town where he dwelleth or sent to the place of birth or last habitation but a vagrant nor found by the Town except he be impotent Resol 9. Persons destitute of houses by expiration of term or servants out of service must provide houses for themselves and services Resol 9. Dal. 75. Able bodies refusing to work and no wanderers are not to be sent to the place of birth or last habitation but to the house of correction Res 10. by such a Iust of P. as may appoint overseers for the poore 43. Elis 2. Dal. 71. Lamb. 209 295. Able bodies yet idle and refusing to work having any lawfull means to live by are not to be sent to the house of correction Res 10. It is fineable to remove or put any out of the parish who are not to be put out and such may be sent back Resol 11. None may take relief at any mans doore in the parish but by the appointment of the overseers nor beg in the high-wayes in their parish Res 15. Parsons vicars farmers or owners of impropriations colemines or saleable woods are to be charged with the relief of the poore Res 18 19. In default of an assesse made by the Church-wardens Constables and Parishioners of the Tax imposed upon them at the Easter-Sessions one Iustice dwelling in the parish or if none dwell there the next adjoyning Iust may rate the assesse in default of payment may levy the same by distresse Any Iustice of Peace may imprison without bayl and make sale of the offenders goods rendring to the party the overplus and in default of such distresse any Iustice of Peace may imprison without bayl such refuser untill he pay the same 43. Elis 2. Lamb. 294 295. Dal. 110. Bishop and his Chancellour and 3 I. of P. have power to examine how money for relief of the poore appointed by the statute is bestowed and to call to account the detainers thereof 14. Elis 5. 39. Elis 34. Lamb. 336. I. of P. proved before the Iudges of Assize by 2 witnesses to be in default of examination of the statute for the poore loseth 5 pound 14. Elis 5. Lamb. 372. Parents at the Q. Sessions appointed to keep their children or children their parents and have not relieved them at their own charges lose 20 shil a moneth 39. Elis 34. Lamb. 445. In disabilitie of the parish or hundred to relieve their poore the greater part of the Iustices at the Q. Sessions may rate any other parish or hundred thereto 39. Elis 3. 43. Elis 2. Lamb. 611. Beggers children at the Q. Sessions may be bound to serve any subject in an honest calling 14. Elis 5. 18. Elis 3. Lamb. 614. Performance or not performance of so much of the statute of 14. Elis 5. for the poore as is not repealed by 39. Elis 3. or 43. Elis 2. is to be yearely examined at Easter-Sessions 14. Elis 5. Lam. 620. Overplus of the stock for maymed souldiers is to be imployed by the greater part of the Iust at the Q. Sessions to such charitable uses as are set down in the statute for the poore except by them it be reserved for future pensions 43. Elis 3. Young children the parents being dead are to be set on work and relieved by the Town where they dwelled at the death of their parents and not sent to the place of their birth Dal. 75. The Iustices may compell such as be of abilitie to take poore children apprentices and may binde such masters refusing over to the next goal-delivery so said Sr. Henry Montague at Cambridge Assizes 1618. and the statute of 43. Elis 2. seemeth to warrant as much the words whereof are to this effect It shall be lawfull for the Churchwardens and overseers or the greater part of them by the assent of 2 I. of the P. to binde any such children to be apprentices where they shall see convenient cause Dal. 92 93. or the Churchwardens or overseers with the assent of 2 such Justices may impose a competent summe of money upon such refuser for putting out such an apprentice and upon refusall to levy it upon the Justâ—… of Peace his warrant by distresse and sale of the offenders goods Dal. 93. Edit 1626. If the parents without good cause shewed refuse to suffer their children to be apprentices the Justice may binde them over to answer their contempt if the childe refuse send him to the house of correction quousque c. Dal. 93. A master putteth his apprentice into apparell he cannot take it away though he part with the apprentice Dal. 93. Edit 1626. If after the death of A another man abateth or entreth into his house forcibly before the heire of A hath gotten any actuall possession indeed the heire of A shall have no restitution because he had a possession in law onely Lam. 153. Dal. 44 185. Two Justices of Peace one being of the Quorum may send to the house of correction or goal such as imploy not themselves to work being appointed 43. Elis 2. Power of the County Information of a not is a sufficient cause to raise the power of the county though indeed there were none Lamb. 315. Dal. 88 89. Cro. 62 64. b. Power of the county is raised without knowledge or information of a riot if when they come they finde one it is lawfull and they may proceed to punish it Lamb. 316. Dal. 88 89. Cro. 62 64. b. Power of the county in suppressing a riot vide Riot The Justice of Peace Sheriffe or undersheriffe in levying power of the county may have the aid of all the Knights other temporall men under this degree that are above the age of 15 and able to travell upon pain of imprisonment fine and ransome to the King Dal.
88. L. 315. Cro. 157. b. But it is referred to the discretion of the Justices how many or how few they will have and in what sort they shall be armed Dal. 88. Lamb. 315. Cro. 64. b. One I. of P. may take power of the county suppresse riotters and need not tarry till his fellows come Cro. 157. b. Dal. 84. Lamb. 184. Constable may take the aid of his neighbour to arrest another upon an affray Cro. 158. a. L. 134. Sheriffe upon a writ of execution returned that he could not execute it for resistance and was amerced 20 marks because he took not the power of the county Cro. 158. a. Preacher He that disturbeth a Preacher of purpose maliciously or contemptuously in Sermon-time is to be bound to his good behaviour and have 3 moneths imprisonment Lamb. 416. 1. M. c. 3. If the disturber of any preacher be arrested and brought before any Iustice of Peace upon due accusation and examination heard either by the arrester or other person he shall forthwith commit the party so taken to custody by his discretion and within 6 dayes after another Iustice joyning in examination they upon confession of the party or conviction of 2 witnesses may commit him to prison for 3 moneths 1. Mar. 4. Lamb. 195 333. Quaere if all the statute of 1. Mar. 3. be not repealed by the generall words at the latter end of the statute 1. Elis 2. Precept vide Warrant Praemunire Refusall to take the oath of the Kings supremacie the first offence is praemunire the second treason 5. Elis 1. Lam. 411. To aid comfort or maintain one that hath committed treason in using of bulls is praemunire 23. Elis 1. Lam. 411. Vide Treason To hold set forth or defend the power spirituall of any forrein Prince or person heretofore claimed used or usurped within the Kings dominions by writing printing preaching expresse deed or act maliciously or directly or to put in use or execute any thing to that end the first offence is praemunire the second treason 1. El. 1. 5. El. 1. enquirable by words of 23. El. 1. Lam. 411. He which aideth any person that putteth in ure any bull writing or instrument of absolution gotten from Bishop or See of Rome c. to the intent to uphold the authoritie of the See of Rome incurreth praemunire 13. El. 21. 23. El. 1. Lam. 413. To bring from the Bishop or See of Rome or any claiming authoritie from it Agnus Dei crosses pictures beads grains or such like superstitious things or to deliver or offer them or cause to be delivered or offered to any of the Kings subjects to use or receive them to such intent and not to apprehend the offender or within three dayes disclose him to the Ordinarie or other Iustice of Peace or within one day deliver the things received to a Iustice of Peace 13. El. 2. 23. El. 1 Lam. 414. The forfeiture in cases of praemunire upon the statute of 16. R. 2. is to forfeit his lands and tenements in fee for ever his lands in tail for his life and all his goods and chattells and to have a perpetuall imprisonment and to be out of the Kings protection Cro. 14. a. Dal. 226. but quaere if he be attainted upon the 27. of E. 3. 1. if he appeare and the day of the praemunire returned Dal. ibid. Edit 1626. A man may not kill him which is attainted in the praemunire by 5. Elis 1. but before he might for they were out of the Kings protection Cro. 15. a. One lawfully imprisoned untill the next Sessions for refusing the oath of alleagiance and there again refusing it incurres a praemunire except married women who are onely to be imprisoned without bail 3. Jac. 4. 7. Jac. 6. Not disclosing nor certifying within 24 dayes the name of him which bringeth any Agnus Dei crosses or pictures to one of the Kings Councell 13. El. 2. is praemunire Breakers of bargains contrarie to the statute of 27. H. 8. provided against usurie shall be punished as Counsellours Atturneys or Advocates in case of praemunire 27. El. 8. Delivering or sending any relief to a Iesuite Priest or other remaining in any colledge of Iesuites incurreth praemunire 27. El. 2. Presentment Presentment is a declaration of the Iurours or Officers without any bill offered before Lam. 405. It differeth from an enditement which is the verdict of the Iurours that be charged to enquire of that offence which is offered Lam. 486. What shall be a good presentment Presentment at a Sessions where the style is in the name of three and the presentment taken by two Lam. 383. Presentment where some of the Jurours be allied or of bloud to him that procureth the enditement but it is no discretion in the Justice to suffer such to be impannelled Lam. 398. Presentment where some of the Jurours be allied or of bloud Presentment of a Jurie of an hundred of an offence done in another hundred 399. Presentment where all were not sworn if the Record be that all were sworn Lam. 399. Where the declaration of the Officers of the Sessions shall have the force of a presentment A Justice of Peace upon his own knowledge of offences against the statute of 2. 3. P. M. cap. 8. 5. Elis cap. 13. of high-wayes Dal. 51. Cro. 125. b. 195. a. Searchers appointed to examine the true making of tile Constable for sundrie points in the statute of Winchester 13. E. 1. Amendment of a presentment vide Venire sacias Priests vide Jesuites Principall and Accessarie vide Accessarie Prison One committed to prison for refusing to finde sureties for the Peace shall remain there till he freely offer and finde them Lam. 93. One committed for denying to finde sureties for the Peace may not be delivered upon the death or release of the partie without help of the Sessions or goal-deliverie Lam. 93. Quaere One imprisoned till he make fine that stood whilest one was slain because he did not his best to attach the murderer Lam. 132. The Sheriffe or Goaler may imprison in his house or in the common goal at pleasure Dal 297. Cro. 169. 8. Lam. 133. Constable cannot imprison in his house but in the stocks and that but untill he may provide convenient aid to convey him to the Justice of Peace or the goal Dal. 297. Lam. 133. Just of Peace cannot commit felons to prisons which be not common goals nor make a goal of their own houses Dal. 197. Lam. 133. 5. H. 4. Justice of Peace may commit to the stocks some offenders against certain penall statutes Dal. 297. Breach of prison is the escape of a felon though not endited out of the goal stocks or possession of any keeper Lam. 229. One imprisoned upon a Capias pro fine is to be delivered upon payment thereof Lam. 574. or upon pledges by recognizances for payment thereof Prisoners Every one who is under arrest for felonie is a prisoner as well without
prison as in the stocks in the high-way or in the possession of him that arrested or hath the keeping of him Dal. 239. To break prison is felonie being committed for felonie Lam. 229 424. Rescous to help a prisoner committed for felonie to get away is felonie Lam. 229 424. If an officer or other whatsoever by his wilfull default suffer a prisoner to escape it is felonie Lam. 229 424. Prison-breach is to escape out of the stocks or out of any mans possession Lam. 229. Unlawfully to utter a device to set a prisoner at libertie endited of treason concerning the Kings person is felonie Lam. 403. expired Churchwardens are to levie money for the relief of prisoners and to pay it to the high Constable quarterly who is to pay it to the collectour at the Quarter Sessions and he is to distribute it weekly any making default lose 5 pound 14. Elis 5. Lam. 475. Prisoner of sufficient abilitie shall bear his own charges and of them that shall be appointed to guard him to the goal and he refusing the Constable of the parish where he dwelleth by warrant from the Justice that committed him may levie the same by distresse and sale of his goods after apprizement by foure of the parish the overplus to be delivered to the owner 3. Jac. 10. Prisoner not of abilitie and those that guard him to have their charges from the place of apprehension to the goal born by the parish where he is apprehended the same to be equally taxed by the Constables and Churchwardens two or three of the inhabitants and allowed by the J. of P. 3. Jac. 10. Any lawfully taxed for the charge of bringing a prisoner to the goal and refusing to pay it Constable or other officer of the parish by warrant from the Iustice of Peace that committed him may levie the same by distresse and after apprizement by foure of the parish sale of the goods giving the owner the overplus 3. Jac. 10. Default in action for a distresse taken by force of the statute of 3. Jac. 10. may plead not guiltie and give the speciall matter in evidence and upon recoverie or non-suit shall have treble damages 3. J. 10. Prisoners discharged by Iustices of Peace who take the enditement to be void may be stayed if they change their opinion before judgement Lam. 540. Privie Sessions vide Sessions Processe Processe hath the name because it proceedeth or goeth out upon former matter either originall or judiciall Lam. 519. Suggestions and informations whether by word or writing are but to stirre up the Iustices to commend the cause to the Inquest and not to award processe upon them Lam. 509. unlesse it be certain causes where it is especially given them by statute ibid. Authoritie to make processe upon enditements is given to the Iustices by words of their commission or by implication where the power of hearing and determining is given by their commission Lam. 520. No processe plea or suit is to be discontinued by making a new commission of the Peace 11. H. 6. Ed. 6. 2. Lam. 520. Processe upon all enditements of trespasse against the Peace or upon speciall statute is Venire facias and if he be thereupon returned sufficient then a Distringas infinâ—…è if he be returned nihil habet then Capias alià s pluries Exigent Lam. 522 523. Processe upon the statute of unlawfull games liveries maintenance archerie c. Venire facias Capias Exigent 33. H. 8. 10. Quaere it not repealed by 37. H. 8. 7. Lam. 523. Processe upon the statute of victualls attachments Capias Exigent Lam. 523 524. Processe upon depraving the Sacrament is two Capias Exigent Capias ut legatum and may be sent by any three Justices into any shire Lam. 524. Justices of Peace may award processe into a forrein county against an accountant for money levied for making a goal 23. H. 8. 5. Elis 4. Lam. 6. 25. Iustices of Peace where the servant departed may award a Capias to the Sheriffe of the shire whereinto he departed returnable before themselves 5. Elis 4. So where a decayed bridge is in one countie and the partie or land chargeable in another countie 32. H. 6. 5. Lam. 525. One indicted of treason or trespasse in one countie is imprisoned in another Iustices may award Habeas corpus to remove him before themselves Lam. 526. Processe upon indictment of felonie may be sent into any forrein countie 5. E. 3. 11. Lam. 528. Processe upon indictment of felony is two Capias and an Exigent 23. E. 3. 14. Lam. 527. Enditement of treason felonie or trespasse in one countie nameth the endited to be in another the first processe shall go into the countie where he is indicted the second to the countie where he is named to be returnable three moneths after and if he be not to be found there then that Sheriffe to make proclamation at two Countie Courts before the Iustices of the countie when the indictment is at the day in the Capias and if he appeare not an Exigent to be awarded 8. H. 6. 10. Lam. 525 526. The two Iustices of the Peace which have the oversight of the amerciaments upon suggestion may make processe as in the trespasse against the offenders of that statute to answer before them 11. H. 7. 15. Lam. 360. No processe is to be awarded by the Iustice after outlawrie but they are to certifie the outlawrie into the Kings Bench. Lam. 523 524. Processe upon informations must be such as the statute whereupon they are grounded do appoint Lam. 528. The Sheriffe or his minister that hath arrested or caused any fine ransome or amerciament to be levied by reason of indictment or presentment at the Sheriffes turn or law day without processe from the Iustice loseth 40 pound 1. E. 4. 2. Lam. 45. Informations made in the Sessions that an alehouse keeper hath done any thing whereby he hath forfeited his recognizance the Iustice of Peace may award processe against him to shew cause why he should not forfeit his recognizance Lam. â—… but quaere what processe Processe cannot be awarded by the Iustice of Peace upon any forfeited recognizance except alehouses but he must certifie them to the higher Courts Lam. ibid. Iustices of Peace where the servant departed may award a Capias to the Sheriffe of the shire whereinto he departed returnable before themselves 5. Elis 4. Lam. 525. Proclamation Justices of Peace cannot acquit felons by proclamations or without sufficient requitail and if they cannot endite them they must remain till the goal-delivery Lam. 549 550. The form of proclamations to remove a force upon a writ upon the statute of Northampton vide Lam. 168 169. Dal. 46 47. Constable if any affray be dangerous may make proclamation Lam. 132. Dalton makes quaere 28. One Justice of Peace may make a proclamation in the Kings name to stay a riot Lam. 183. Quaere for the statute 1. M. 12. d. 1. Elis are expired Iustices of Peace at every Sessions
Offences upon any statute for not going to Church or receiving the Sacrament may be heard and be determined by the Iustices of Peace at their Qu. Sessions as Iustices of Assize might before 3. Jac. 4. Lam. 617. Upon an enditement for not coming to Church or not receiving the Sacrament Iustices of the Peace at their Qu. Sessions may by proclamation command the indicted to render his bodie to the Sheriffe before the next Qu. Sessions or Assizes and in default of appearance then the same to be a sufficient conviction 3. Jac. 4. Lam. 616. Popish Recusant convicted of not coming to Church according to law shall in Easter or Michaelmasse term next after the conviction pay into his Majest receit after the rate of 20 pound a moneth and so to continue without any other enditement till he conform himself and in default of payment all his goods and two parts of his lands to be seized till conformitie leaving the mansion house to the third part 3. Jac. 4. The King seizing two parts may not let it to any Recusant nor for their use and the lessee must give security to the King not to commit waste 3. Jac. 4. Enditements against Popish Recusants are not to be avoided for want of form untill conformitie 3. Jac. 4. Iustice of Peace may heare and determine all offences against the statute 3. Jac. 4. except treason 3. Jac. 4. Lam. 617. Attainder of felonie upon the statute of 3. Jac. 4. of Popish Recusants barreth not dower nor corrupteth bloud 3. Jac. 4. Any pursued for doing any thing warranted by the statute of 3. Jac. 4. may plead the generall issue and give the speciall matter in evidence 3. Jac. 4. Husband is not chargeable with the forfeiture of the wife upon the statute of 3. Jac. 4. for not receiving the Sacrament nor the wife after his death Popish Recusant convict coming to the court where the King or his heir apparant is without the Kings command or warrant in writing from the Councell loseth 100 pound 3. Jac. 5. the one half to the prosecuter Recusants convict or other forbearing for three moneths to heare divine service now dwelling in London or within 10 miles except tradesmen having no other dwelling are to depart within 40 dayes and if they come to dwell there within 3 moneths then to depart within 10 dayes after conviction and to deliver their names to the Maior of London or the next Justice of the countie or lose 100 pound 3. Jac. 5. the moytie to the prosecuter Every one not repairing every sunday to some usuall place appointed for Common prayer there to heare Divine service upon conviction within one moneth after default upon confession or oath of one witnesse one Justice of Peace may call the offender before him and if he cannot satisfie the Justice by excuse for his absence the Churchwardens by warrant from the Just of Peace may levie 12 pence for every default by distresse and sale of the offenders goods in default of distresse the Justice may commit him till he pay it which is to be imployed for the poore 3. Jac. 4. Dal. 80. They which harbour within their houses any except parents or others to whose custodie they are committed or knowing the same retain in their service any absenting themselves a moneth together from Church without reasonable excuse lose 10 pound a moneth 3. Jac. 4. The King or five Lords of the privie Councell may by writing under the hands of the privie Councell license a Popish Recusant confined five miles to travell oâ—… of his compasse for such time as is contained in the license without inserting any cause 3. Jac. 5. Popish Recusant confined to five miles informing upon oath foure Iustices of Peace that he hath necessarie occasion to travell further and that he will make no causelesse delayes they with the assent of the Bishop of the diocesse Lieutenant or his deputie under their hands and seals and specifying in their license the cause and time of travell may by license under their hands and seals give libertie to him to travell forth of his compasse all other licenses to be void and any travelling without such license not having taken such oath shall forfeit as a Recusant convicted by the statute of 35. El. 2. 3. Jac. 5. Dal. 84. Lam. 365. Statute 35. El. 2. confining Popish Recusants to certain limits is hereby confirmed and the proviso for licensing them to go beyond their limits is hereby repealed 3. Jac. 5. Popish Recusants convicted are not to practise the common or civill law nor physick nor to execute any offices places or trades belonging to any of them nor to be Minister or officer in any Court nor to have any place of command or office in warre nor any office or charge in any ship castle or fortresse of the Kings on pain of an 100 pound one moytie to the King the other to him that will sue 3. Jac. 5. Popish Recusant convicted or whose wife is a Popish Recusant during recusancie not to execute any publick office or charge in the Realm Married woman being a Recusant convicted whose husband is not convicted not conforming her self according to law forfeiteth to the King two parts of her dower and joynture and is disabled to be executrix or administratrix to her husband 3. Jac. 5. Popish Recusant upon conviction is to be adjudged excommunicate to all intents except in being able to sue for or concerning his lands and leases not seised by the King 3. Jac. 5. Recusant convicted married otherwise then by a Minister lawfully authorised and according to the orders of the Church is disabled to be tenant by courtesie or in dower or by jointure or to have widows estate or frankbank or any part of her husbands goods and marrying any by whom he is not entituled to be tenant by the courtesie loseth 100 pound one moytie to the King the other to him that will sue 3. Jac. 5. Childe of a Popish Recusant not baptized according to the orders of the Church within one moneth after the birth the father or mother if he die within the moneth loseth 100 pound whereof one third part to the King another to the poore of the parish and the third to him that will sue 3. Jac. 5. Popish Recusant excommunicated buried otherwise then according to the orders of the Church his executours or administratours knowing it or causers of it lose 20 pound one third part to the King one third part to the poore of the parish and one third part to him that will sue for it 3. Jac. 5. Popish Recusant convicted during his conviction to be from the ending of that parliament disabled to grant any advoâ—…son c. or to present or nominate to any spirituall living the same to remain to the Chancellours of the Universities according to the severall shires limited in that statute so that they present none having a former benefice with cure if they do the same to be
void 3. Jac. 5. Penalties upon the statute of 3. Jac. 5. against Recusants to be recovered in any his Majesties courts of record by action of debt bill plaint or information without â—ssoin protection or wager of law 3. Jac. 5. Married woman under Baronesse convicted of not coming to Church who doth not within three moneths after conform her self to be committed by two Justices of the Peace one being of the Quorum untill conformitie unlesse her husband pay 10 pound a moneth to the King or the third part of his lands 7. Jac. 6. The penaltie of 12 pence and of 20 pound a moneth shall be both of them payed by a Recusant convict Dal. 104. Cook 11. 63. b. Two Justices of the Peace may require a convicted Recusant of small abilitie who repaireth not to the place of his dwelling or place of his birth there to notifie himself to the Minister and Constables according to the statute of 35. Elis or afterwards remove 5 miles from the same if upon apprehension he conform not within 3 moneths to abjure the realm and assigne him his time and haven 35. El. 2. Dal. 8. The form of the oath You shall swear you shall depart this Realm of England and all other his Majesties dominions and that you shall not return hither or come again into any of his Majesties dominious without license of our soveraigne Lord the King or of his heirs so help you God Dal. 107. Stam. 119. Every such Recusant that refuseth to abjure or after abjuration doth not within the time appointed go to such haven and depart or after such abjuration returneth without his Majesties speciall license in every such case shall be adjudged a felon 35. El. 2. Dal. 108. Lam. 419. The Justices of Peace before whom such abjurations shall be made must presently cause the same to be entred at the next generall goal-deliverie in the said countie ibid. The Bishop of the diocesse or any one Justice of Peace or Minister of the parish where such convicted Recusant shall be may require his submission ibid. Justices of Peace at their Quarter Sessions may require heare and determine of all Recusants both for not coming to Church and not receiving the Sacrament according to law as J. of Assize and goal-deliverie may do and at the Sessions in which such enditement shall be taken make proclamation to render their bodies to the Sheriffe and before the next Quarter Sessions at which if the offender make not appearance of record it shall be a conviction 1. Jac. 4. Lam. 616. Regratour Regratour is he that buyeth live or dead victualls tallow or candles in the market and selleth the same there or within 4 miles â—3 El. 25. Lam. 450. Release Iustice of Peace compelleth one of his own motion to give suretie of the Peace untill a certain day he may by like discretion release it before the day Lam. 110. Dal. 146. Cro. 139. b. Partie bound generally to keep the Peace without any day limited it is for life and no man can release it Lam. 110. Dal. 146. Cro. 142. b. Recognisance is taken at the suit of 〈◊〉 to keep the Peace against him onely A may release it before the same Iustice or any other that will certifie it Lam. 110. Dal. 147. Cro. 139. b. 169. a. That release being certified at the next Quarter Sessions will discharge the partie bound of his appearance so that he shall not be called upon for his recognisance Dal. ibid. Recognisance is taken versus cunctum populum praecipuè versus A yet A may release it before any Iustice tamen quaere Lam. 110. Dal. 147. Cro. 142. b. Recognisance is taken by discretion or upon suit the King cannot release or pardon it before forfeiture Lam. 111. Dal. 147. Cro. 140. b. 141. a. The Peace being released the recognisance must not be cancelled but certified at the Sessions with the release lest peradventure the Peace was broken before the release made Lam. 111. Dal. 144. Cro. 1. Whether the good abearing taken upon complaint may be released by any speciall person quaere Lam 133. Dal. 163. Neither the Iustice of the Peace nor the partie can discharge the recognisance of the Peace by the release out of the Sessions for first the recognisance is made by the King and therefore none but the King can release or discharge it Secondly the recognisance is taken for the parties appearance and the release cannot discharge the appearance Dal. 175. The appearance is requisite notwithstanding any release made first for the safetie of the recognisance secondly that others may object in open Sessions if he have broken the Peace that he may be endited thereupon Dal. 176. F. contra Comp. 139. b. If the Iustices of Peace at the Sessions do certifie the release by this the obliged is discharged and shall not be called upon for his recognisance nor his default recorded for the principall cause of the recognisance was the keeping of the Peace the which is discharged by the release which is certified at the Sessions and then the appearance is but accessarie to the same and the intent is onely that then he should finde new suretie if the partie will not release and this is the common usage Vide plus Recognisance Forfeiture Religious houses The owner of the site of a religious house dissolved must keep a continuall house there or lose 20 nobles a moneth to be enquired of at the Quarter Sessions 27. H. 8. 22. 5. El. 2. Lam. 471. Replevin vide Bailment Rescous of a Felon Rescous is to help a prisoner to get away and if it be a felon it is felonie Lam. 229. Dal. 238 239. Rescous of a felon before arrest is no felonie otherwise after arrest Lam. 230. Dal. 229. Quaere Rescuing a prisoner going to the gallows is felonie Dal. 229. A warrant being granted by a Iustice of the Peace for unlawfull hunting of deer or conies to make rescous thereupon is felonie Dal. 57. Rescous against an officer or person authorised to execute the statute of 39. El. 4. loseth 5 pound and is to be bound to his good behaviour Dal. 101. Restitution of Possession None shall have restitution but such as are put out of house or land Dal. 171. 183. Cro. 162. b. Lam. 153. If it be found upon enquirie that any have entred or held with force contrarie to the statute 8. H. 6. 9. the Iustice of Peace may reseise and put the partie so put out in full possession Dal. 182. Cro. 161. b. The Iustice of Peace needeth not to stay or stand upon the right or title of either partie Dal. 183. Cro. 161. b. 164. a. No restitution is to be made where there was onely a possession in law Lam. 153. In a restitution it is not enough that the putting out be found unlesse the enditement do also contain in it adhuc extra tenet Dal. 183. Cro. 163. b. Lam. 153. Restitution ought to be made to none other then the partie put
out Dal. 183. Cro. 162. b. Dal. 183. Lam. 153. After the entring or detaining with force found the Iustice of Peace may by himself or precept to the Sheriffe under the test of himself alone restore the partie grieved to his possession Dal. 185. Lam. 156. None can make restitution but they before whom the enditement is found but the Justices of the Kings Bench either upon certificate made by the J. of P. before whom it was found of the presentment or if the said presentment or enditement be removed by Certiorari Dalt 185. Lam. 157 158. If the Sheriffe return upon a precept or writ of restitution that he cannot make restitution for resistance he shall be amerced for he may take the power of the county Dalt 185. Lam. 157. Cro. 163. b. Justice of Peace before whom the presentment was made dieth before restitution quaere whether the Justices at the Sessions can award it Lam. 155. Justices of Peace ought not to award restituion where the enditement is sufficient in law either in matter or form Dalt 183. In the enditement 1. not onely an entrie must be but also a putting out 2. the enditement must expresse the qualitie of the thing viz. whether it be messuage cottage medow pasture wood or land arable 3. it must say Et adhuc extratenent 4. Expulerunt adhuc extratenent 5. one of these two words manu forti or cum multitudine Dalt 183. Cro. 169. b. Lam. 153. If errour or insufficiencie be in the enditement taken before Justices of Peace restitution awarded any two Justices of those that were present at the taking thereof may at another Sessions or without Sessions grant a supersedeas if the Sheriffe have not made restitution before Dalt 184. Cro. 162. a. If restitution be made by Iustice upon insufficient enditement and it be removed into the Kings Bench the court will restore the partie put out by the Iustice of Peace Dalt 183 184. Cro. 168. a. 1. No restitution upon an enditement to be made if the party endited hath had the occupation or been in quiet possession three yeares together next before the day of the enditement found and his estate not ended which the partie may alledge for stay of restitution untill it be tried if the other will traverse or denie the same 31. Elis cap. 11. Dal. 188. 2 Certiorari 3 A traverse quaere Lam. 158. 4 Insufficiencie of the enditement 5 Insufficiencie of the Iurours not having 40 shill land by the yeare Quaere Iustice of Peace upon enditement found may give restitution as formerly to free-holders to tenants for yeares by copie of court guardians in Knights service tenants by elegit stat merchants or staple 21. Jac. 15. Dal. 201. Restitution of stollen goods He that hath goods stollen if the felon be thereof endited and arraigned and found guiltie thereof or otherwise attainted by reason of evidence given by the partie robbed or the owner of the goods or other by their procurement then the goods shall be restored though they never made fresh suit Dalt And the Iustices have power to award writs of restitution 21. H. 8. 11. Lam. 586. Dal. 262. Cro. 191. a. Executours shall have restitution after attainder or conviction upon evidence by their means given Dalt 262. Three are robbed restitution shall be onely to such for whose goods the felon was endited Dalt 263. Cro. 191. a. A felon stealeth from feverall men is attainted onely at the suit of one the King shall have the goods of those at whose suit he was not attainted Dal. 263. There be divers theeves and onely one principall is attainted the robbed shall have restitution Dal. 263. If the felon sold the stollen goods in market overt or in a fair no restitution except he that bought them were privy to the felony ib. Cro. 191. a No restitution of stollen goods if he know not the felon Dal. 263. No restitution if the felon leaveth the goods and escapeth and the Lord of the manour seiseth them Dal. 263. If the felon had not the goods in his possession when he fled but left them elswhere they are not waived but the owner may take them wheresoever he findeth them Dal. 263. Cook 5. Return Recognisance taken upon supersedeas ought to be returned at the next Qu. Sessions Supplicavit is to be returned into the court whence it came Lam. 107 Return of a recognisance upon a supplicavit is not of necessitie till Certiorari Lam. 109. Return of Iurours vide Iurours Vide Recognisance Release Certificate Riots Riot is where three or more persons be disorderly assembled to commit with force any unlawfull act and do accordingly execute or attempt the same Lam. 176. Dal. 192. Cro. 61. a. What assemblies shall not be said a Riot 1. Sheriffe or Bailiffe leavie people to serve the Kings writs Lam. 178. Dal. 192. 2. Constable gathereth assistance of men with weapons to part an affray Lam. 178. 3 A man threarened to be beaten in his house assembleth company with force or otherwise or threatened to be beat as he goeth to market Lam. 179. Dal. 194. Cro. 69. a. 4. Many assemble together and they know not to what end Lam. 179. Dal. 192. Cro. 61. b. 5. Many assemble at a Church-ale or at a Christmasse dinner and they suddenly fall out and fight Lam. 179. Dal. maketh quaere 193. 6. A number of women and children under the age of discretion stock together for their own cause unlesse moved by a man of discretion to do some unlawfull act Lam. 180. Dalt 196. 7. To gather meer company to carry away a piece of timber which will not be moved without a good many whereto I pretend right though in law it be anothers Lam. 178. yet if he use threatening words as to say he will have it in spight of the other or though he die for it his doing may then become a riot ibid. Dalt 195. 8. To meet to drink at an alehouse to play at football bucklers bear or bul-baiting dancing bowls cards or dice or such like disports Dalt 193. Cro. 61. b. Lam. 178. 9. To use harnesse on Midsummer day at night in London or on May-day in the counney Lam. 178. Dalt 193. Cro. 64. b. The master intending a riot taketh with him his ordinary servants who know not his intent it is no riot in the servants Lam. 179. Dalt 192. Cro. 61. b. 62. a. A Iurie falleth out and fighteth it is no riot Dal. 192. Lam. 180. If any assemble for any disports as aforesaid with intent to break the Peace and make an affray or do other outrage it seemeth to be a riot in so many as come with such intent Dalt 193. Quaere if falling out suddenly at such a meeting and then falling to take parts be a riot Dalt 193. But if by agreement they meet again and fight it is a riot ibidem Vide Crom. 61. b. Dalt 218. It can be no riot except there be an intent precedent to do
some unlawfull act with force Dal. 192. Cro. 61. a. Yet if a man go to Sessions or market with his servants in harnesse though there be no intent to commit a riot yet the manner maketh a riot Cro. 61. a. Vide 2. E. 3. cap. 4. Dalt 195. What one J. of P. is to do in case of Riots He may prevent a riot before it be done or stay it in the doing and in the doing may take and imprison the rioters and binde them to their good behaviour Dalt 84. A riot being done Iustices of Peace can neither record the riot nor make enquirie nor assesse the fine nor award processe nor meddle with it but onely as a trespasse against the Peace Dalt 84. Lam. 181. Iustices of Peace sitting in a judiciall place and seeing a riot may command them to be arrested and recorded and it concludeth the offenders Dal. 84. But a Iustice of Peace in another place seeing a riot and recording it the parties may traverse it ibid. Cro. 65. a. Every Iustice of Peace being of and in the countie having notice of any riot ought to execute the statute 13. H. 4. 7. viz. that the rioters be arrested c. and removed otherwise the next Iustices forfeit 100 pounds apiece and every other Iustice in whom there shall be default fineable in the Starre-chamber Dal. 84 85. Cro. 124. a. One Iustice of Peace may arrest rioters enforce them to finde sureties for the Peace or good behaviour or in default commit them to prison Dal. 84 85 87. Cro. 157. b. Lam. 181. A Iustice of Peace not finding the rioters come to the place may leave his servants to restrain the rioters when they come or else arrest them if they offer to break the Peace Dal. 85. Lam. 181. If the Iustice of Peace be sick he may send his servant to represse a riot or to arrest such offenders and bring them before him to finde sureties for the Peace and his command by word is sufficient Dal. 85. Cro. 64. a. 148. b. One Iustice of Peace may cause all statutes for suppressing of riots to be put in execution Dal. 85. If the riot be notorious it is not safe to stay complaint or information What two Just of Peace may do in a riot They ought to send for the Sheriffe or Undersheriffe if none of them come Dal. 86. Lam. 327. If one or two next Iustices do come and not the Sheriffe or Under-sheriffe each as come shall be excused of their fine of 100 pound Dal. 86. Lam. 327. Cro. 63. b. If one Iustice of Peace in the countie shall execute the statute of 13. H. 4. 7. it shall excuse the next Iustices Dal. 86. Lam. 326 327. Two Iustices of Peace present without the Sheriffe are fineable if they do not all which by the statute of 13. H. 4. 7. ought to be done Dal. 86. Cr. 63 The particulars which the two next Justices of Peace with the Sheriffe or Vnder-sheriffe must do upon the statute of 13. H. 4. 7. Dal. 88. 1 They must go to the place where the riot is Dal. 88. 2 They shall take the power of the county viz. all above 15 yeares of age under the degree of Barons upon pain of imprisonment fine and ransome Dal. 88. Cro. 157. Lam. 314 315. It is good to raise the power of the countie with certain information though it be false and excused or without information if when they come they finde one 88 89. Cro. 64. b. Lam. 315 316. 3 They shall arrest all such offenders or cause them to be arrested bring the force commit to prison the rioters and take away their weapons Dalt 89. Lam. 326 327. And all such as come into the companie if they be present shall be arrested imprisoned and fined as it seemeth Dal. ibid. Such as they meet coming from the place riotously arayed they may arrest and imprison but cannot record any riot done by them but after enquiry may fine them Dal. 89. Cro. 63. a. Lam. 316. The Iustices see the riot committed and the rioters escape they must record them and cannot arrest them but upon fresh suit which record must be sent into the Kings Bench that processe may come from thence Dal. 80. Lam. 318. The Iustices may grant a warrant for such as they saw escaping to be bound to the good behaviour Dalt 81. Cro. 196. a. And so they may do upon information but it is best to do it upon enquirie and so to fine them Dalt 90. In execution of the said arrest of rioters the Iustices may justifie the beating wounding or killing of any the rioters which resist or will not yeeld Dalt 90. Cro. 62. b. 158. b. Lam. 316. 4. After arrest the Iustice Sheriffe or Undersheriffe shall record the riot in writing viz. all that shall be done in their presence against law which ought to be formall and certain as time place number weapons manner c. Dalt 90. Cro. 63. a. Lam. 316 317. The form of the record vide Dalt Lam. 220. If in going to see a riot another riot happen in their presence they may record it arrest and imprison the offenders Dalt 90. Lam. 318. If the rioters make a riot upon the Iustices they may record it also Dalt 90. Iustice records a riot and upon examination it appears no riot or saw it not or there was no riot yet the parties are concluded Dalt 90. Cro. 63. a. 65. a. 130. a. Lam. 317. The Iustices are presently to commit rioters to the goal and the power of the countie ought to be aiding to the Sheriffe or Under-sheriffe Dalt 91. None may commit the rioters but the Iustices who had the view ibid. If the Iustice Sheriffe or Under-sheriffe commit to prison the offenders and do not record the riot every of them loseth 100 pound Dalt 91. Cro. 61. b. The said Justice and none other shall assesse the fine upon the offenders which by the statute of 1. H. 5. 8. ought to be of good value that thereout the charges of the Justice and other officers may be born yet must be reasonable and just Dal. 91. Cro. 61. a. Lam. 317. The fines must be imposed upon every offendor severally Dal. 91. The sine must be estreated into the Exchequer Dal. 91. and then to deliver the offender as it seemeth ibid. The J. as it seemeth may out of the fines pay the charges of the said Iustice and of the Iurie who made the enquirie for their diet and the Sheriffes fees and the Iustices Clerk who maketh up the record may have his fees out of that money or rather may take of every offender 12 pence when they pay their fines Dal. 117 118. Or the Iustice may record the riot commit the offender and after certifie the record to the Assizes Sessions or Kings Bench. Dal. 91 92. The record may be delivered at the Sessions to the Clerk of the Peace together with the residue of the money remaining of the fine Dal. 118. Where
The Sessions of the P. is an assembly of any two or more Just of P. one being of the Quorum at a certain day place within the limits of their Commission appointed to enquire by a Iury or otherwise to take knowledge and thereupon to heare and determine according to their power of causes within the Commission and statute referred to their charge Lam. 278. Sessions held without summons are good but then none shall lose any thing for default of appearing Lam. 380 381. Summons of the Sessions is usually by precept written to the Sheriffe and by him to be returned at the Sessions Lam. 381 385. Precept for summoning the Sessions may be made by any two Just of Peace one being of the Quor but not the Custos Rotulorum alone and summons cannot be discharged by Supersedeas of all the other Justices but by Supersedeas out of the Chancerie Lam. 382 383. Sessions held by one Iustice of Peace is not good although it were summoned by two and styled by their names but by two sufficient Iustices it is good though it be styled by the name of three Lam. 383. Quarter Sessions are to be held foure times in the yeare viz. the first week after S. Michael the Epiphanie the clause of Easter after the translation of S. Thomas the martyr which is 2 Iuly 2. Hen. 5. 4. Lam. 597. The Easter Sessions by 33. Hen. 8. cap. 10. are to be holden as arbitrable and therefore though by summons they be to be kept in one place yet they may be kept in another but then there can be no amerciament for default of appearance Lam. 383 384. Two Sessions at one time for one Countie lawfully summoned at two places both are good and appearance at one shall excuse default of appearance at the other and presentments taken before either of them shall be good 384. At a generall Sessions all matters enquirable by Iustices of Peace either by their Commission or by statute ought to be given in charge otherwise a speciall Sessions Lam. 623. and may be held three dayes 606. Two sorts of men ow their ordinarie attendance at the Qu. Sessions viz. officers and ministers of the Court and Iurours of the Countie Lam 386. Officers are the Custos Rotulorum where he ought to attend by himself or his deputie 387. The Clerk of the Peace 393. Iurours for enquirie and triall 396. The Iustices of Peace if need require may keep a speciall Sessions by vertue of their Commission or by the statute 2. Hen. 4. 5. Lamb. 623. Summons of a speciall Sessions is for the most part for some speciall enquirie and not to the generall service of the commission Lam. 623. All matters within the commission or statute may at a speciall Sessions of the Peace be given in charge yet they are at libertie to give in charge either all or any of them Lam. 623 624. If two Iustices of the Peace one being of the Quorum make a precept to the Sheriffe for the holding a Sessions at such a place and day and to return a Iurie before them either Iustice can by their Supersedeas to the Sheriffe inhibite him Cro. 126. b. but the King by his writ of Supersedeas may discharge it ibid. A man is bound to appeare before a Iustice of Peace within fourty dayes after in the mean time a generall Sessions is kept he ought to appeare before the Iustice at the Sessions Cro. 123. a. nu 18. A Iustice commands one on pain of 10 pound by his precept to appeare at the next Sessions and he doth not no Scire facias shall go against him more then upon a Sub poena but it seemeth he may be attached upon a contempt Sewers Commission of sewers being expired 6 Iustices of Peace two being of the Quorum may for one yeare after execute the laws of Commissioners of sewers unlesse a new be published 13. El. cap. 9. Sheep To transport sheep beyond the seas without license or to procure the same is felonie the second offence 23. H. 8. 16. 8. Elis 3. Lam. 227 425. Any bringing sending or receiving into any bottome any sheep alive out of the Kings dominions or procuring the same loseth his goods is to be imprisoned for a yeare and then in open market to lose his left hand 8. Elis 3. Lam. 456 457. Any keeping at one time above 2000 sheep of all sorts against the purport of the statute loseth 4 shil 4 pence for every sheep above 2000. 28. Hen. 8. b. 13. Sheriffe The Custos Rotulorum or eldest of the Quor in his absence is to appoint at Michaelmasse Sessions two Justices of Peace whereof one of the Quorum to have the oversight and controlment of the Sheriffe Under-sheriffe their officers and deputies and of their books and amerciaments in their county Courts and either of these two Iustices or one Iustice of the Peace Lam. 201. may examine the Sheriffe or Under-sheriffe and plaintiffe concerning the taking and entring plaints in their Courts and books against the statute 11. Hen. 7. 15. Dal. 107. Lam. 201 295 600. The particulars are Dal. 107. Lam. 131. 1. If any plaints be entred in their books in any mans name the plaintiffe or sufficient Atturney not being in Court 2. If the plaintiffe finde not pledge to pursue his plaint viz. such as are known in that countrey 3. If they enter more plaints then one for one trespasse or contract 4. If they enter more plaints then the plaintiffe supposeth he hath cause of action for against the defendant If upon examination the Iustices finde any default it shall stand for conviction without further enquiry or examination and they forfeit 40 shill to the King and to the informer for every default and the Iustices must certifie the examination to the exchequer within a quarter of a yeare on pain of 40 shill Dalt 107. The like for bailiffes of hundreds in not warning the defendants to appeare Dal. 118. Sheriffe to make once a yeare estreats to levie their shire-amerciaments until the two Iustices have had a view and oversight of the books and the said estreats shall be indented betwixt the said Iustices and Sheriffe or Under-sheriffe under their seals Dal. ibid. The said two Iustices or one of them may examine the defaults of collectours of shire-amerciaments whose finding of default is a sufficient conviction and forfeiture of fourtie shillings prou◠contrá The said Iustices upon information of the party grieved may make like processe as in action of trespasse against the Sheriffe c. to appeare then to answer the said information or suggestion Dalt 108. Sheriffe ought to be at the Sessions to return his precept and keep the prisoners Lam. 395. In these cases following the Sheriffe c. did forfeit 40 pounds and treble damages to the partie grieved 23. Hen. 6. 16. Lam. 430 431. 1. Sheriffe that letteth his Bailywicks or any of his hundreds 2 Or returneth in any pannels any bailiffes officers servants or servants
servants 3 Or refuseth to bail those that are bailable offering sufficient suretie 4 Or taketh any obligation by colour of his office but onely to himself and upon the name of his office and upon condition onely to appeare according to the writ or warrant 5 Or having taken for an arrest above 20 pence 6 Or above 4 pence for any obligation warrant or precept 7 Or above 4 pence for the copie of a pannell 8 Bailiffe for taking above 4 pence for making an arrest 9 Goaler taking above 4 pence of any committed to his ward upon arrest or attachment 10 Sheriffe or his ministers that shall levie any of the Kings debts without shewing the partie the estreats under the Exchequer seal shall be fined and pay trebble damages to the partie 42. El. 39. 7. H. 43. Lam. 432. 11 Sheriffe or other his minister arresting imprisoning ransoming of or levying any amerciaments by reason of any enditements or presentments made in the Sheriffes turn without processe first obtained from the Iustice of Peace or that hath not brought in such enditements and presentments to the Iustices of the Peace at the next Sessions loseth 10 pound 1. El. 4. Lam. 431. Sheriffe or any other who maketh return of any writ that returneth any Iurour without true addition of the place of his abode or within a yeare next before or without some addition by which the Iurour might be well known loseth 5 marks to the King and 5 marks to the partie 27. El. 7. Lam. 432. Sheriffe or goaler denying to receive felons by the delivery of any Constable or Township or having taken any thing for receiving such 4. E. 3. 10. Lam. 434. Sheriffe bailiffe or other officer or person refusing to pay over to the Churchwardens c. the moytie of the forfeitures by the statute of 4. Jac. against uttering of beer or ale to ale house-keepers unlicensed forfeiteth double value 4. Jac. 4. Lam. 434. Iustice of Peace being chosen Sheriffe his authoritie of I. is suspended during his Sheriffewick but after another is chosen and sworn his authoritie as a Iustice of Peace is as it was before without any new oath except he be left out of the commission Dal. 12. edit 1626. Shoes Making shoes pantofles c. contrarie to the rules prescribed in the statute loseth 3 shillings 4 pence for every paire of shoes c. and the value of 1. Jac. 22. Lam. 465. Shewing of boots c. on the sunday with intent to sell them loseth 3 shillings 4 pence and the value of them 1. Jac. 22. Lam. 466. Shooting vide Archerie Crosbows Partridges Silk vide Apparell Sope vide Vessells Souldiers Souldier serving the King by sea or land doth willingly give purloyn or put away any horse or harnesse wherewith he was set forth or taken from other souldiers was appointed to him upon complaint thereof to a Iustice of Peace he shall be committed without bail till he have made satisfaction unlesse he have been formerly punished by the Generall or other or shew forth in writing under seal the lawfull losse thereof 2. 3. E. 6. 2. Lam. 194. Souldiers passing out of the Realm to serve any forrain Prince c. not having before their passage taken the oath of alleagiance before the officer appointed thereunto is felonie 3. Jac. 4. Dalt 247. Souldier being a gentleman or of a higher degree or captain or other officer in camp passing to serve any forrain Prince c. before they be bound to the King with two sureties before the officer appointed not to be reconciled to the Pope c. or to consent to any conspiracie against the King but to disclose all conspiracies upon knowledge thereof c. it is felonie ibid. Souldier entred upon a record and having taken presse-money and that departeth without license it is felonie 1. H. 7. 1. 3. H. 8. 5. Dal. 247. or if they depart without license after they have served in the Kings warres 2. Ed. 6. 2. Dalt ibid. So of mariners and gunners that have taken presse-money to serve the King on the sea and come not unto or depart from the captain without license it is felonie 5. Elis 5. Dal. 247. In these cases following by the statute of 39. Elis 17. souldiers and mariners do become felons Dal. 247. Such which set themselves not to some lawfull course of life but wander up and down idlely not having a lawfull testimoniall if they come from beyond sea from some Iustice of Peace neare the place of their landing expressing the place and time of their landing the place to which they are to passe and a time limited for their passage or having such a testimoniall if they shall exceed the time limited To forge or counterfeit such testimoniall or to have a forged testimoniall knowing that it is forged Or being retained in service after his arraignment c. if he depart within the yeare without his Majesties license Poore souldier or mariner or sea-faring man suffering shipwrack may have a license from a Iustice of Peace next to his landing to passe to the place of his repair and may ask and receive necessary relief in his direct passage within the time limited to him 39. Elis 4. 39. Elis 17. Dal. 99 102. Lam. 303. Every parish is to be taxed to the relief of disabled souldiers by the greater part of the Iustices at their Quarter Sessions next after Easter so as no parish be above ten pence nor under two pence weekly to be paid so as the totall summe in any Countie where there shall be above 50 parishes do not exceed six pence every parish 43. Elis 3. The said taxation to be assessed within themselves and in default thereof by the Churchwardens and pettie Constables or the greater part of them in default thereof by the Iustices or Iustice of Peace dwelling in the same parish or if none be there in the parish next adjoyning 43. El. 3. In default of payment of the same assesse the Churchwardens and pettie Constables may levie it by distresse and sale c. and in their default the aforesaid Iustices or Iustice of Peace 43. El. 3. The Churchwardens and pettie Constables are to pay over their collections to the high Constable 10 dayes before every Quarter Sessions and the high Constables at every Quarter Sessions are to pay it over to the Treasurer ibid. If any of them make default then the Church-wardens or pettie Constables forfeit 20 shillings and every high Constable 40 shillings to be levied by the Treasurer by distresse and sale for augmentation of stock 43. El. 3. Treasurer for maimed souldiers must be 10 pound in lands or 50 in goods in the subsidie and continue but for a yeare and within 10 dayes after Easter Sessions following to give account to his successour in default thereof or for other misdemeanour in his office to be fined 5 pound or above by the part of the Iustices of Peace 43. El. 3. Souldier or mariner sick or maimed by
Clerks or any other â—…edling with returning of writs or execution of processe into any Court of record So of Bayliffes any of them executing their office before such oaths taken lose 40 pound 17. Elis 12. Lam. 356. 431. 433. Undersheriffe or his Clerk or deputy doing any thing against their oath lose treble damages to the party Lam. 433. Unlawfull Games Every Iustice of Peace may enter into any common place where any playing at dice tables cards bowls coâ—…s cayls tennis casting the stone football or other unlawfull game now invented or hereafter to be invented shall be suspected to be used and may arrest the keeper of every place and may imprison them untill they finde sureties by recognizance no longer to use such house gaâ—…e play alley or place 33. H. 8 9. Lam. 191. Dalt 4â— Cro. 79. 131. a. 196. a. 197. b. Lam. 349. 479. Iustice of Peace may arrest and imprison such players till they be bound no more to play at such game Lamb. 192. Dalt 48. Cro. 172. a. b. Lam. 349. 479. Artificer of any occupation or any husbandman apprentice labourer servant at husbandry journey-man servant of artificer mariner fisherman waterman or servingman other then of a Nobleman or of him that may dispend 100 pound by the yeare playing within the precinct of his masters house shall not play out of Christmasse at any unlawfull game or in Christmasse at any unlawfull game or in Christmasse out of the house or presence of his master 33. H. 8. 9. 12. R. 2. 7. 10. Lam. 479. 17 shill 8 pence every time Quaere if other games besides those prohibited 33. H. 8. 9. he unlawfull as the morrice other open dances bearbaytings common playes which seem to be prohibited by 39. Elis 4. Dalt 48 49. All offences against the statute of unlawfull games may be heard and determined at the Quarter Sessions Assizes or leet within which they shall happen Vide plus Sunday Unlawfull assemblies An unlawfull assembly is of the company of 3 or more persons disorderly coming together forcibly to commit an unlawfull act as to beat a man or to enter upon his possession or the like Lam. 275. Dalt 191. Cro. 68. b. P. R. 25. First An unlawfull assembly it is onely to meet to such a purpose though they willingly depart without doing any thing Secondly after meeting to move forward towards the executing of such act whether it be done or no is a Rout. Thirdly to execute such thing is a Riot Dalt 191. Lam. 175 176. In an unlawfull assembly Rout or Riot two things are common and must concurre first that three persons at least be gathered together secondly that their being together breed some apparent disturbance of the peace either by speech shew of armour turbulent gesture or actuall and expresse violence to affright peaceable men or imbolden light and busie bodies by their examples Lam. 176 177. There be three degrees of seditious and riotous assemblies the first from three to twelve the second of 12 or more the third of 40 and upward Lam. 183. 1. Elis 17. Iustice of Peace may at his discretion assemble subjects to take such and may take them and shall be unpunished for hurting maiming or killing them if they make resistance Lam. 184. Iustice of Peace is to take the declaration of any person that being moved to such an assembly will within 24 houres after reveal the same Lam. ibid. Vide Forcible Entry Riots Usury Corruptly to contract for more then 8 pound in the hundred for forbearance for one yeare loseth treble value of the moneys wares merchandise and other things so lent bargained sold exchanged or shifted 21. Jac. 17. Scriveners taking above 5 shill for procuring 100 pound and a bond 12 pence forfeit 20 pound ibid. Utlawry Offenders against the Peace for conspiracies and of Routs in presence of the Iustice or in affray of the people being indicted thereof if they be not brought in by attachment or distresse for insufficiencie are to be outlawed 1. Ed. 3. 5. Lam. 522. After Utlawry the Iustice of Peace can award no processe but must certifie the Utlawry into the Kings Bench. Lam. 521 522. One Utlawry of felony before a Iustice of Peace doth appear and saith he was in the Kings service beyond sea under-such a Captain or in prison in such a County the Iustice cannot write to the Captain or County Marrow Lam. 552. Wages RAtes of wages of servants and labourers are to be made by the Iustices of Peace at Easter Q. Sessions and by them to be ingrossed in parchment under their hands and seals and after it shall be lawfull for the Sheriffe of the said county to cause proclamation to be made of the severall rates so rated in so many places of their severall authorities as to them shall seem convenient and as if the same had been set down by the Lord Chancellour or Keeper after declaration thereof to the Kings Majest and certificate thereof into the Chancery 1. Jac. 6. 5. Elis 4. 39. Elis 12. Any giving wages contrary to the rates appointed and proclaimed loseth 5 pound 5. Elis 4. 1. Jac. 6. Lam. 474. Every Iustice of Peace not having lawfull excuse testified by oath of one that is in subsidy 5 pound c. that shall not assemble at Easter-Sessions to rate the wages of servants c. shall lose 10 pound 5. Elis 4. Lam. 632. Any having authoritie by 5. Elis 4. to rate wages may rate the wages of labourers weavers spinsters and of any working by day week moneth or yeare or by great 1. Jac. 6. No penalty for not certifying the rates of wages into the Chauncery according to the statute of 5. Elis 4. if they be daily proclaimed 1. Jac. 6. Rates of wages ingrossed in parchment are to be kept by the Custos rotulorum if in a corporation amongst the records thereof 1. Jac. 6. Any two Iustices of Peace may imprison without bayl the master for 10 dayes for giving and the servant workman or labourer for taking greater wages then are assessed by the Iustices of Peace and proclamation thereof made in that county 5. Elis 4. Dalt 611. Every retainer promise or payment of wages or other thing whatsoever contrary to the true meaning of â— Elis 4. and every writing and bond for that purpose is utterly void Dal. 61. Iustice of Peace may have his action of debt against the Sheriffe for his wages at the Sessions Cro. 177. a. Iustices of Peace shall be paid their wages out of the fines amerciaments of the same Sessions and they ought to assesse the fines in the Court and then the Clerk shall indent the estreats betwixt the Iustices and Sheriffe and the Iustices shall put their names thereto to the end the Sheriffe may know to whom to pay wages and levy the same to pay to the Iustice whereupon the Sheriffe shall be allowed the same upon his accompt in the exchequer 14. R. â— 11. Cro. 177. Lam. 58. Wainlings
Any killing any wainling Calves under â— yeares old to sell lose 6 shill 8 pence for every offence determnable at the Q Sessions 24. H. 8. 9. 1. Jac. 25. Lam. 453. 607. Wait-lying Lying in wait to maim or kill any other is to be fined Lam. 446. Warrants The Iustice of Peace his command by word of mouth is in some cases as strong as his precept in writing Dalt 287. As a Iustice of Peace seeing a Riot may command the Riotters to be arrested and cause them to finde sureties for their good behaviour Dalt 187. So upon affray assault threatning or any other breach of the Peace be may command the officer being present to arrest such offenders to finde suretie for the Peace Dalt 287. But for causes out of his presence one may not arrest another upon the Iustices command but by precept in writing Dalt 287. A warrant in writing must be under the Iustices hand and real or under his hand at least Dalt 287. Lam. A warrant for the Peace or good behaviour must contain the speciall matter Dalt 287. A warrant for treason murder or felony or other capitall offence and such like need not contain the speciall cause Dalt 288. Cro. 148. A warrant is better if it contain and beare the date at the place where it is made the yeare and day when it was made Dalt 188. Cro. 74. â— Iust of Peace being out of the county grantetâ— his warrant to be served in the county the officer must carry the party before some Iustice of Peace within the county Dalt 288. Lam. Iustice of Peace may make his warrant to come before himself yet upon a warrant for the Peace the usuall manner is otherwise Dal. 288. 136 137. In some cases a Justice of Peace may grant his warrant to attach the offender to be at the next Sessions of the Peace to answer his said offence Dal. 288. Justices of Peace in divers cases as the case shall require may grant their warrant for the parties neglect or other default and such warrant may be either to attach him to be at the next Sessions there to answer c. or to bring the offender before the said Iustices or any other Iustice c. who finding cause to binde him may binde him to the next Sessions to answer the said defauit Dalt 189. Vide Dal. 126. Where the statute giveth authoritie to the Iust of Peace to cause another to do a thing they have power of congruitie to grant their warrant to bring such persons before them that so they may take order therein Quaere Dalt 284 289. A Justice of Peace maketh a warrant beyond his authoritie it is not disputable by Constable or other inferiour officer but must be obeyed Lam. 65. Dalt 6 209 292. But if the Iustice make a warrant to do a thing out of his jurisdiction or in a cause wherein he is not Iudge if the officer execute the warrant he is punishable Dal. 294. Cro. 147. b. Dalt 6. Lam. 91 92. Warrant for the Peace may be directed to any indifferent person by name though he be not officer yet it is better to a known officer Lam. Dal. 290. Cro. 147. A sworn and known officer need not to shew his warrant but the servant of the Iustice must shew it if it be required Dalt 291. Lam. 89. Cro. 148. a. A warrant directed to the Constable and to a stranger joyntly and severally and executed solely by the stranger is good Dal. 291. Cro. 147. b. Warrant directed to two joyntly to arrest another may be executed by one of them Dalt 291. Lam. 89. A warrant being directed by a Iustice of Peace to the Sheriffe he may by word command any sworn or known officer under him without precept in writing Dalt 291. Lam. 89. If a Iustice of Peace his warrant be directed to the Sheriffe Bailiffe Constable Iustices servant or other to arrest one such person must serve it himself Dalt 291. Lam. 89. He to whom any warrant shall be directed must do it with all secrecie and speed Dalt 295. A known officer must if he will not shew his warrant upon arrest declare the contents of his warrant Dal. 291. Upon arrest in the Kings name the partie arrested ought to obey Dalt 291. for if he have not lawfull warrant the partie grieved may have his action of false imprisonment Dalt ibid. Another officer arresting a man doth afterwards procure a warrant this is a wrongfull arrest Dal. 291. Lam. 90 91. The officer having a warrant for the Peace or good abeating may break open the doores Dalt 29â— Cro. 170. b. One is arrested who upon promise to come again is let go and cometh not again the officer cannot arrest him by force of his former warrant except he prosecutes him with fresh suit Dalt 292. An Officer having a lawfull warrant to arrest another is resisted or assaulted by the partie or my other person the Officer may justifie the beating or hurting such person Dalt 292. Lam. 92. If any abuse the warrant as by casting it in the dirt or treading it under his feet he shall be endited and fined for it is the Kings processe Dal. 292. Cro. 149. a. Quaere whether he shall not be bound to his good behaviour Dal. 292. Before that a Iustice of Peace grant his warrant to arrest one for murder or felonie it is meet to examine the partie that requireth the warrant upon oath and to binde him to give evidence at the next Goal-deliverie Dal. 292 293. Warreners vide Forresters Watches Any Iustice of Peace may cause night watches to be kept for the arresting of nightwalkers and persons suspect be they strangers or others of evil fame Dalt 113. Watch is to be kept yearly from Ascension day till Michaelmasse in every town from sunne setting untill sunne rising Dalt 113 223. All strangers or persons suspected passing by the watching men may be examined by them and if there be cause of suspicion they may stay them if they will not obey may levie hue and cry and may justifie to beat them and may stock them till morning and if they finde no cause of suspicion deliver them but if they finde cause may deliver them to the Constable to carrie them before a Iustice of Peace Dal. 113 257. Any Iustice of Peace may cause all night-walkers strangers or others suspected especially such as sleep in day and walk in night to be arrested and such as in the night haunt any house suspected of bawderie or use suspicious companie or commit other outrages or misdemeanours and cause them to finde sureties for their good behaviour Dal. 66. Lam. 118 119. No man is compelled to watch unlesse he be an inhabitant in the town Dalt 141. edit 1626. Watermen Every Iustice of Peace within the shire next adjoyning to the river of Thames within his jurisdiction hath power upon complaint by the overseers or rulers of the watermen and wherry-men or two of them or by the