Justices of the shire may meddle there Lam. 68 69. The making of a new commission is no determination of the old till it be read or proclaimed at some Session or in a full County or at the Assizes Dal. 11. Lam. 69. The old commission determining by a new no process or suit hanging before the old commissioners is discontinued thereby Dal. 12. Cro 189. a. Lam. 69. Accession of a higher title taketh not â—way the authority of a Justice of Peace Dal. 9. Cro. 188. a. Lam. 70. A new commission to here and determine felonies determineth the old commission of the Peace but not concerning the Peace Lam. 72. Brook Commission 8. A Justice of Peace in making justification by virtue of his office needeth not to shew the commission of the Peace because the keeping thereof belongeth to the Custos Rotulorum Lam. 387 388. Cro. 120. b. nu 13. By 17 R. 2. c. 10. in every commission of the Peace two men of law amongst others are to be assigned viz. to proceed to the deliverance of felons Dal. 50. Two were joynt commissioners and it is presented that one onely sat and fined the Countrye and it was held void But if one sit and it is recorded that it is done before both it is good So of Justices of Peace Cro. 121. a. nu 19. 189 a. for averment shall not be taken against the act of the Justices or Commissioners Cro. 189. a. A Justice cannot be made by writ but by commission but may be discharged by writ which is in nature of a Supersedeas Brook Commis nu 18 If the Justices in Fire after Proclamation made do come into the Country and sit there by vertue of their authority then ceaseth the power of the Commissioners of Peace And so likewise if the Kings Bench should remove into the County Lam. 71. vide Cro. 188. b. 189. a. Brook Commiss nu 18. But Lambert maketh a Quaere for that Justices of Nisi prius do ordinarily bring a Commission of Oier and Determiner Lam. 71. and yet no determination of the Commission of Peace And Brook Commis 8. and Cro. 188. b. Vn novel Commission de oyer terminer felonies determine le ancient Com. del P. quant al Oyer c. felonies mes nemy quant al Peace Et issint vide Commis determine in part remain pur le remnant Commons Commons in Forests and elsewhere must be driven yearly within 15 daies after Michaelmas by the owner or officers on pain of 40 shillings a time 32 H. 8. c. 13. Lam. 483. Vide plus Horses If any Minister have refused to use the Common Prayer or to minister the Sacraâ—ents according to the Book of Common â—rayer in such order and form as is mentionâ—d in the said Book or wilfully standing in â—he same have used any other form in open â—rayer or in administration of the Sacraâ—ents or spoken any thing in derogation of â—he said B. or any part thereof for the first â—ffence it is loss of his spirituall living for a â—ear and imprisonment for six moneths â—ithout bail for the second deprivation and â—mprisonment for a year for the third deâ—rivation and imprisonment all his life 1 El. â— 2. 23 El. c. 1. Lam 417. Any having in play song or rhyme or by my open word spoken in derogation of the â—ook of Common Prayer or any thing thereâ—â— contained or having caused or maintained â—ny Minister to say any other Common Prayâ—r or minister Sacraments in other manner â—r interrupting any Minister to say open â—rayer or administer the Sacraments accorâ—ing to the said Book he loseth 100 Marks â—r six moneths imprisonment without Bail â—or the first offence and for the second 400 Marks or twelve moneths imprisonment and â—or the third all his goods and imprisonâ—ent for his life ibid. Concealment vide Jurors Confession After a free confession of an indictment and submission to fine in an action at the paâ—ties suit for the same trespass he shall â—â— plead Not guilty otherwise of a confessioâ— Jub modo as when he putteth himself â—â— gratia Regis Lam. 530. Quaere whether if he once make a fine â—â— shall not be estopped to plead Not guilty Alâ— whether the Justice of Peace may drive tâ—â— party either to an absolute confession or â— his traverse ibid. The voluntary confession of an offender against the statute 1 Jac. c. 9. 4 Jac. c. 5. beforâ— a Justice of Peace is a conviction and afteâ— confession his oath is sufficient proof againâ—â— any other offending at the same time 21 Jac c. 7. Dal. 26. Conjuration Conjuration of wicked spirits is felony 5 El. c. 16. Lam. 227. Vide plus Witchcraft 1 Jac. c. 12. Conservers of the Peace Coroners are Conservers of the Peace and may in some cases imprison Lam. 395. Constables are Conservers of the Peacâ— within their limits Dal. 2. Lam. 14. Constables Every Constable at the Common law before the statute 3 H. 7. c. 3. 1 2 P. M. c. 13. might bail one suspected of felony by obligation or take surety of the Peace by obligation or commit him to prison that made an affray till he found sureties Lam. 15. Constables or other Officers may lay no hands on two intending to fight till weapons drawn or offer of blow Lam. 132. Constable hurt in parting an affray may have an action against the affrayer so may any other officer but the affrayer can have none against them Lam. 132 133. Constable or Officer presented at the Sessions for not endeavouring to part an affray being present shall deeply be fined Lam. 133. Not so if he be told of it being absent Dal. 33. at quaere contra Cro. 146. b. Two fighting in a house the doors being shut the Officers may break open the doors to see the peace kept Lam. 133. Constable taking an affrayer must imprison him in the stocks not in his house and that till he may provide to carry him to the Goal Lam. ibid. or to a Justice of Peace Lam. 133. Dal. 33 35. Constable or Justice if need be may command aid of the Kings people for pacifying an affray Lam. 134. Constable or Officer may desend himself and apprehend and impâ—ison the party that shall make an affray upon him Lam ibid. Dal. 35. Cro. 147. a. One Justice of Peace may command that two Constables be chosen in each Hundred Lam. 186. Vide plus Affray Arrest Rogues High-Constables at their petty Sessions for an affray made in disturbance of the Court may imprison the offenders Dal. 3. Cook 11 43 44. Chusing of High-Constables useth to be at the Quarter Sessions if out of Sessions by the major part of Justices of that division where they dwell and use to be sworn at the Sessons or by warrant from the Sessions Dal. 46 Vide plus Prison Conventicles Those are sometimes called Conventicles wherein many do impart with others theâ— meaning to kill a man or to take another part in all things Lam. 173.
Champerty also maintenance conspiracieâ— confederacies giving of liveries other theâ— to menial servants and officers be containeâ— under the word Conventicles Lam. ibid. Conies vide Hunting Corn. Certificate of one Justice of Peace joyneâ— with the Customer of the place of unladinâ— and selling of corn grain or cattel carried bâ— water from one place to another of thâ— Realm unto the Customer and Controller oâ— the place where the same was imbarked iâ— sufficient upon the statute of forestalling 5 Eâ— 6. c. 14. 13 El. c. 25. One having sufficâ—ent corn buying seed without bringing so much as he buyeth to seâ— the same day as the Market goeth losetâ— double 5 Ed. 6. c. 14. Lam. 451. Vide plus Transportation Cutter and carriers away of corâ— Vide Hedge breakers Coroners Coroners ought to certifie their inquisitions at the general Goal-delivery and not at the Sessions 1. 2 P. M. 13. Lam. 395. Coroners being parties to the exigents and Judges of the outlawry ought to be present at the Sessions ibid. Coroners are Conservers of the Peace and may in some cases commit men to prison ib. Coroners may be convicted of offence against the statute of 1 H. 8. c. 7. by examination of witnesses and touching extortion or not executing their offices before a Justice of Peace Cro. 130. b. Lam. 434. Coroners fees vide Fees Cottages Any erecting or converting any dwelling to be used as a cottage for dwelling unless he lay four acres of his own free-hold inheritance lying near to the said cottage to be continually manured therewithall so long as that cottage shall be inhabited forfeiteth ten pounds except in a City corporate or market Town or ancient Borough or being the dwelling-house of workers in minerals coalmineâ— 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 sailers or men of manual 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 poor lame sick aged or impotent person shall dwell or hath been decreed to continue for a dwelling by the Justices of Assise or of the Peace in open Assises or Quarter Sessions 31 El. c. 7. 39 El. cap. 3. 43. El. c. 2. Lam. 476. 35 El. c. 6. for continuing the cottage 40 shill a moneth None to maintain or uphold any cottage not having four 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 El. c. 7. except it be by order of the Justices at the Quarter Sessions with leave of the Lord of the waste at the charge of the Parish Hundred or County 39 El. c. 3. 43 El. c. 2. Lam. 611. Offences against the stat of cottages and in mates are to be heard and determined at the Quarter Sessions 31 El. c. 7. Lam. 614. and a decree may be made at the Quarter Sessions for continuance of a cottage that hath not four acres of land ibid. A Decree may be made at the Quarter Sessions for the continuance of a cottage that hath not four acres of land And the Justices may enquire hear and determine of cottages and inmates against the statute of 31 El. c. 7. Lam. 614. County A Justice of Peace in one County pursuing a selon into another County where he is taken he shall be committed to the Goal of the County where he was taken Dal. 297 298. Cozeners and Cozenage Any falsly and deceitfully getting into his possession money or goods of other mens by colour of false privy tokens of counterfeit letters and convicted thereof at the Quarter Sessions by examination of witnesses shall suffer any corporal punishment except death 33 H. 8. c. 1. Cro. 83. a. 130. b. Dal. 48. Lam. 442 535 569 690. Two Justices of Peace one being of the Quorum may bind over to the next Sessions any such suspected person or may imprison or bail them until the next general Sessions Dal. 48. One Justice of Peace as it seemeth may binds Cheaters to their good behaviour so to the Assises or Sessions or send them to the house of Correction Dal. 48. Crosses vide Agnus Dei Cross-bows and Hand-guns Every person may attach an offender against the statute 33 H. 8. c. 6. and carry him to the next Justice of Peace in the same County Dal. 65. The Justice upon due consideration may send the offender to the Goal till he have paid the penalty of the statute of 33 H. 8. c. 6. sâ— 10. li. The particulars of the said Statute 1. None under an 100 pounds per annum may shoot in or keep gun dag pistol cross-bow or stone-bow 2. 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 pounds per annum may seize the gun must break it or lose 40 shillings if he break it not within twenty daies Lam. 296. 480. but may keep the cross-bow or stone-bow Dal. 65. 3. No person not having an 100 pounds per annum may carry in his journy any gun charged or bow bent but onely in time and service of war or going to the musters 4. None may shoot in a gun near to a market-Town but in defence of his house or person or at a But. 5. 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 serving-men whose masters are inabled by statute 2. Inhabitants of market Towns 3. Dwellers alone or near the Sea-side 4. Gun makers or Gun-sellers 5. Those that have placards may shoot according to their placards Dal. 65 66. Any under the value of 100 pounds per annum licensed to shoot in Cross-bow or Hand-gun is to present his name to the next Justice by him to be presented and recorded at the next Quarter Sessions or else the Justice to lose 20 shillings 2 Ed. 6. c. 14 Lam. 301. Quaere if this be now in use Any licensed at Quarter-Sessions to shoot â—n Hand-gun or birding-piece for Hawks-meat is to shoot only at fowl not prohibited â—nd to be bound in 20 li. 1 Jac. c. 27. Any two Justices of Peace may commit to â—he Goal for three moneths any that shoot with gun or bow at any Patridge Phesant house-Dove Mallard or at such fowl or at â—ny Hare 1 Jac. c. 27. If any person not having lands c. of the yearly value of 40 li. or not worth in goods 200 li. shall use any gun bow or cross-bow to kill any Deer or Conies except such person shall have any ground inclosed used for the
El. 25. Lam. 336. EXP. Accountant for mony levied for the goal to build it goeth into another County the Justices of Peace where the goal is may send an attachment for him unto another shire 23 H. 8. c. 2. 25 H. 8. c. 5. 5 El. c. 24. Lam. 525. EXP. Goaler suffereth a prisoner to go abroad out of his sight and he returneth not again it is an escape Cro. 39. b. nu 5. Goaler refuseth to receive one arrested for felony the Town must keep him till the Goal delivery Dal. 348. 349. Cro. 172. a. but the Goaler denying to receive such shall be punished by the Justices of Goal-delivery ibid. Goaler shall take no sees of any servant carpenter mason nor other labourer committed for refusing to serve on pain of 10 li. to the King and 100 shill to the party 34. F. 3. c. 9. Cro. 185. a b. Glass-men Glass-men of honest life may travel without begging within the County by licence of three Justices under their hands and seals one being of the Quorum 39 Eâ— c. 4. but by 1 Jac. c. 7. they are made rogues and so to be punished Goldsmith Goldsmith or worker of gold must work a fine silver or gold in allay as the sterling and set his mark on it or forfeit the double value 2 Hen. 6. c. 14. Lam. 467. None to gild any thing or any mettal but silver except spurs of Knights and appare's of Barons or above upon pain of ten times the value and a years imprisonment 8. H. 5. c. 3. Lam. 467. Good abearing Good abearing may be granted upon discretion and that by one Justice out of the Sessions yet better not to command it but upon special cause seen to themselves or upon suit of others and those very honest and seldome for one cause alone and not by one Justice only Lam. 120. Dal. 101. Good behaviour may be granted by special Writ out of the Chancery Custodibits pacis vice comiti eorum cuilibet upon the statute of 34 Ed. 3. 1. Lam. 117. Dal. 192. For what causes it is grantable Dalt 192. 1. Against common barrettors quarrelers and disturbers of the Peace 2. Rioters 3. Liers in wait to rob 4. Generally feared or suspected to be robbers by the High-way 5. Such as are likely to commit murder homicide or other grievances to the Kings subjects in their bodies 6. Such as shall practise to poison another 7. Against all such as be of evil name or fame generally but especially against such as are defamed in these particulars 1 Those that haunt bawdy-houses 2. Suspected to keep houses of common bawdery 3. Common whoremongers and common whores 4. Night-walkers that be suspected to be pilferers 5. Evesdroppers that cast mens carts and gates into ponds and such like misdemeaners in the night such as live idly yet fare well and go well clad having little to live on except upon examination they give good account of such their living 6. Common haunters of Alehouses or Taverns having small means to live on 7. Drunkards twice convicted 8. Messengers of thieves 9. Such as make false hue and cry 10. Cheaters and Couzeners 11. Libellers 12. The putative father of a bastard 13. Unlawful hunters in Parks after examination taken 14. Abusing of officers in executing their office as a Justice of Peace Constable or other officer of the Peace as a Justice seeth a man break the Peace and doth charge him to keep the Peace who answereth he will not Words of contempt against a Justice of Peace though he be not executing his office 15. Abusing a Justice of Peace his warrant 16. He that complaineth of riot or force and the Justices being assembled for enquiry will not prosecute 17. He that chargeth one with felony before a Justice and will not prosecute 18. Abusing of a Supersedeas of the Peace to a wrong end By divers Statutes 1. Disturbers of Preachers 1 M. c. 3. 2. Destroyers of fish-ponds or stealers of fish after lawful conviction 5 El. c. 21. 3. Takers of hawks or hawks eggs out of other mens grounds after a lawful conviction 5 El. c. 21. 4. Steelers hunters or killers of Deer or Cony in Park or Warren after a lawful conviction 3 Jac. c. 13. All these must be bound at the Sessions 5. Popish recusants must be bound in the King Bench 23 El. c. 1. 6. One pardoned for felony is to be bound before the Sheriff and Coroners 10 Ed. 3. c. 3. 7. Disturbers of the execution of the statute for rogues 39 El. c. 4. 8. Disturbers of execution of the statute for the poor 39 El. c. 4. 9. She that hath had twice a bastard 7 Jac. cap. 4. 10. Infected with the plague or having their houses infected and are unruly 1 Jac. c. 31. Greyhounds vide Hunting Guns and Gunners Gunner that departed from his Captain without licence or wandring with a forged licence it is felony Lam. 427. Every person may attach an offender against the statute 33 H. 8. c. 6. and carry him to a Justice of Peace Dal. 65. And the Justice upon examination may send him to the goal till the penalty be paid The particulars of the Stat. 33 Hen. 8. None under 100 pound per annum may shoot in or keep a gun dag pistol cros-bow or stone-bow None may have or use any gun under three quarters of a yard in length One of 100 pound per annum may take such gun from the offender or any cros-bow or stone-bow may keep the bow but must break the gun None may travel with a gun charged or bow bent but in time of service and to the musters except he have 100 pound per annum Dal. 65. None may shoot in a gun near a Market-Town but in defence of his house or person or at a But. The master may not command his servant to shoot except at a But or in War 1. Except Serving-men whose masters are enabled at a But. 2. Inhabitant of Market-town 3. Persons dwelling alone or near the Sea within five miles 4. Gun-makers 5. Those that have Placards All persons which shoot in guns other then such as have 100 pound per annum ought to present their names to the next Justice of P. and the Clark of the Peace should record it Dal. 66. maketh quaere if it be in use The Sheriff or any of his officers may carry guns dags or other weapons offensive or defensive for the execution of their office notwithstanding the statute of 33 Hen. Câ—k 5 72. Dal. 66. Any two Justices may commit for three months such as shoot with gun or bow at any partridge phesant house-dove mallard or any fowl or at any hare unless he pay 20 shillings 1 Jac. c. 27. Dal. 66. Vide Hunting Partridges Hares IF any have traced killed or destroyed any Hare in the snow he loseth 6 shill 8 pence for each Hare 14 H. 8. c. 10. Lam. 447. Buying selling of Hares vide Partridges See that Sâ—at 1 Jac. c.
the death of a man â—ust find and apprize the Deodand It behoâ—eth the Town to see it forth coming for the â—heriff shall be charged with the price and â—all levy the same on the Town Dal. ibid. â—tam 21. If the slain be under 14 years of age noâ—ing is forfeited as a Deodand Dal ibid. Stam. â—1 c. Homicide by necessity is Commanded Tolerated Commanded An officer doth execution after judgement according to his warrant it is not properly homicide but justice Lam. 234. Dal. 252. If the officer doth not observe order of law it is felony in the officer Dal. ibid. Lam. 240. Stam. 13. If a stranger not lawfully deputed put to death one condemned to die it is felony Dal. ibid. Lam. ibid. It is not lawful for the Judge who codemned him to be put to death ibid. Tolerated One warranted to arrest one indicted â—â— felony upon resistance killeth him Dal. ibid. Lam. 234. Every private person upon hue and cry tâ— take a felon if he resist and will not yield may kill him ibid. Conducters of a felon to the Gaol upoâ— resistance or flight may kill him Dal. 253 Lam. 234. A prisoner in the Gaol attempteth to eâ—cape and striketh the Gaoler he killeth thâ— prisoner it is not felony ibid. Rioters forcible enterers or detainers thâ— shall resist the Justice of Peace or other thâ— Kings officers will not yield themselves being slain it is no felony Cro. 23. b. nu 2â— 30. b. 158. b. Lam. 235. Dal. 253. If an officer by virtue of the Kings proceâ—â— arresting one for debt or trespass is resistâ—â— and killeth the resister it hath been taken â— be no felony Dal. 253. Cro. 24. a. 30. b. Quaeâ— Cok. lib. 4. fol. 40. 41. To kill a true man in defence of house lands or goods is homicide by necessity Dal. 254. In all these former cases there must be inevitable necessity that the offender could not be taken without killing Dal. 253. Horses and Mares Any Justice may hear and take the claim of the owner of any horse c. which was stollen within six months after the sail thereof the proof to be made by two witnesses upon oath within forty daies next ensuing the said claim Dal. 73. Lam. 203. 31. Eliz. c. 12. The Justice of Peace may minister an oath to the buyer what money he paid bonâ fide so as the right owner repaying his mony may have his horse again Dal. ibid. Owner officer or ruler of any fair is to appoint an open place for sale of horses c. and a sufficient person to take toll or lose forty shillings for every fault and answer the party grieved 2 3 P. M. c. 4. Lam. 471. The sale of every horse not being according to the stat in every point is void Dal. 73. Lam. 472. 1. The horse must be one hour at the least in the place of the open fair 2. All the parties to the bargain being in â—he fair must come with the horse to the book-keeper 3. The book-keeper must take perfect knowledge of the seller and of the voucher of the Christian name surname mystery and place of dwelling 4. The voucher must know the seller indeed and declare to the book-keeper the Christian name surname mystery and dwelling as well of himselfe as of the seller 5. The book-keeper must make a true and perfect entry of the sellers name and place of dwelling c. and of the true price forfeiture 31 El. c. 12. Every contract for a stollen horse out of the fair is void though it be after booked Dal. 74. A sale in open market shall not take away the owners property the buyer knowing that it was anothers Dal. ibid. All horses and all other goods are to be sold in such a place or shop as is commonly used for the selling of goods of the same kind to alter the property Dal. ibid. A thief selleth a stollen horse by a false name and is so entred in the toll-book such mis-naming maketh the sale void against the owner Dal. 74. Horse-bread Inholder in a corporate or market Town where there is a common baker that hath been an apprentice therein seven years may not make horse-bread within his house 32 H. 8. 41. 21. Jac. c. 21. Inholder or ostler in a thorow fair Town being no City town corporate or market town being a baker and one that hath been an apprentice therein seven years may make horse-bread within his house 21 Jac cap. 21. The horse-bread must be sufficient lawful and of due assize according to the price oâ— corn 21 Jac. 21. Penalty 1. Fine 2. Imprisonment for a month without bail 3. Stand in the Pillory without redemption of money 4. Forejudged for keeping Inne again 21 Jac. c. 21. Vide Inne-holder Hospital The Bishop and his Chancellour with two Justices of Peace next inhabiting may charge â—he collectors of a revenue of an Hospital upon a pain presently to account and to imploy the surplusage to the use of the Hospital Lam. 356. 14. Eliz. c. 5. 39 El. c. 18. Hospitality vide Religious house House 1. A mans house is his castle for defence Dal. 209. 2. It protecteth against any arrest at the suit of any subject ibid. 3. In some cases it is a privilege against the Kings Prerogative for it hath been adjudged that Salt-peter men may not digge in a Mansion-house without the owners consent ibid. Coke lib. 11. fol. 82. Thieves or murderers attemping to rob or murder a man in his house he may assemble company and kill any of them and forfeiteth nothing ibid. He may beat him that will enter upon hâ—s possession but may not kill him Quaere if he may hire strangers to aid him or put his ordinary company in armour Dal. 209. 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 Michaelmas 1611. the same to be conveyed over to such as by the greatest part of the Justices at the Quarter-Sessions shall be chosen to be imployed for setting on work idle and disorderly persons on pain of 5 li. for every Justice of Peace the one moiety to the informer the other towards the erecting of the house â— Jac. c. 4. Master of the said house to be appointed by most of the Justices at the Quarter 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 lac c. 4. Master of the house of correction giving sufficient security for performance and continuance of his service is to have yearly such money as by most of the Justices at the Q. Sessions shall be thought meet to be paid quarterly by the Treasurer or else the master to levy it in such sort as the Treasurer may 7 Jac. c. 4. Constables shall appear before the Justices
Horse-bread In-holder or Alehouse-keeper may be compelled by a Constable to lodge strangers Dal. 28. In-holder that suffereth a non-inhabitant to tipple in his house shall incur the penalty limited 1 Jac. c. 9. 1 Car. c. 4. In-keeper Taverner Victualler is within the statute 1 Jac. 9. c. 4. Jac. c. 5. 1 Car. c. 4. Inmates vide Cottages Inrolement One Justice of Peace may joyn with the Clark of the Peace in taking an inrolement of an indenture of bargain and sale of lands c. lying in the same county and either of them is to have 12 d. if the land exceed not in value 40 shill a year and if it do then 2 shill 6 pence a piece and taking above fined 27 H. 8. c. 16. Lam. 196 369 393 436. Issues The Sheriff that gathereth other estreats of issues then of right are due forfeiteth 5 marks to the King as much to the party 27 El. c. 7. Cro. 201. a. Lam. 432. Forfeitures of issues by â—urors are to be levied by records of execution awarded by the Justices of Peace 27 Eliz. c. 7. Lam. 585. Judgement Ambiguity arising in judgement betwixt the Justices of Peace they shall forbear to proceed till the Judges come but if they will proceed the judgement is not void but must be reversed Lam 568. the commission it self Where the statute appointeth a punishment there judgement must be according to the statute Lam. 570. Upon trespass riots and such other offences where no forfeiture is prescribed judgement is to be taken and ransomed Lam. 570. Vide plus the several offences Juglers vide Licence Jurors Jurors both for enquiry and trial ought to be Probi legales homineâ— Lam. 396. What persons may not be Jurors and being Jurors make presentments void unless there be twelve besides 1. Attainted in conspiracy 2. Attaint 3. Decies tantum 4. Subornation of perjury 5. Concealment they be not probi their presentment void unless 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. Felony c. ibid. 11. Women 12. Infants under 14 years of age 13. Aliens 14. Clergy-men ibid. Jurors must be inhabitants or free-holders within the County to the value of 40 s. per annum but in Cities and Boroughs to the value of forty shill in goods Lam. 396 397. Jurors for trial of an indictment within the County Palatine of Lancaster must have 5 pound per annum ib. Juror 70 years old or decrepit returned by the Sheriff must serve if the Just will but he may sue the Sheriff upon the Statute of Westminister 2. c. 38. Lam. 397. Juror exempted by Charter with these words Licet tangat nos is to be discharged upon his appearance but he ought to shew it to the Sheriff ibid. When there is want of sufficient Jurors no exemption can discharge ibid. Presentment is good though some of the Jurors be allied to him that procureth the presentment but it is no discretion in the Justices to suffer any such to be impanelled Lam. 398. If the particular Juries 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. Jury of one hundred may present an offence done in another hundred Lam. 399. Justices may command the Sheriff to alter the panel he refusing forfeiteth 20 pound ibid. 3 H. 8. c. 12. All the Jurors must be sworn otherwise â—heir presentments are void but the Record â—eing that all the Jurors were sworn the preâ—ntments are good though all be not sworn â—am 399. Juror after he is sworn upon cause may be â—emoved by the Justices Lam. 400. Jury after swearing adjourned to another â—ime may be then sworn again ibid. Jurors of enquiry must be twelve but there â—ay be more and it is best to have them odd Lam. 400. If twelve Jurors do agree the residue canâ—ot gain-say ibid. Juries of enquiry ought not to be commitâ—ed to a keeper not kept without victuals nor â—arried out of the town but may be adjourned to another place to give up their verdict Lam. 400. Jurors which do wilfully conceal offences presentable and which be complained of by bill may be enquired of by persons whereof every one may dispend forty shill per annum and such concealment being found within a year after every Juror shall be amerced in open Sessions 3 Hen. 7. c. 1. Lam. 400 401. Jurors that discover what they have done are to be fined Lam. 402. Juror taking any thing to make a favourable presentment shall be imprisoned and ransomed Lam. 441. Cro. 84. a. 5 Ed. 3. c. 10. No Juror to be returned without an addition whereby he may be known 27 El. c. 7. Lam. 432. Vide plus Challenge Justices of the Peace Justices of the Peace were created 1 El. 3. c. 15. Dal. 6. Lam. 20. Justice of Peace is Judge of Record Dal. 7. Cro. 120. a. nu 1. Lam. 62. He may take a recogniz of Peace which none can do but a Judge of Record Dal. 8. Lam. 186. Crom. 196. a. num 1. His warrant is not disputable by the Constable but it is to be understood when the Just of Peace hath jurisdiction of the cause Dal. 8. Cro. 147. b. Lamb. 65 91. His testimony 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-waies Dal. 9. Lam. 65. The authority granted to the Justices of P. by commission doth determine by death of the King or at the Kings pleasure As to be discharged by Writ under the great Seal 2. By Supersedeas 3. By granting a new commission and knowledge thereof Dal. 11. rom 188. a. Lam. 69. 2. By publishing the new commission at Assizes or Sessions or any County Court 3. By holding open Sessions by virtue of the new commission Dal. 11. Cro. 188. a. Lam. 69. 4. By accession of another office as being Sheriff or Coroner of the County Cro. 121. nu 13 14. but so doth not the addition of a greater name of dignity as Knight Serjeant at Law Cro. 188. a. Exercising the office of a Just of Peace before oath taken is fineable Dal. 15 352. Justice of Peace hath not authority but in the County where he is Justice Dal. 23. Justice of Peace is not to meddle with offences done out of the County except some statute enable him or some matter of Peace or Felony Dal. 23. Cro. 120. b. nu 12. Justice of Peace is not to intermeddle in any City or Corporation which have their proper Justices Dal. 23. Crom. 8. a. nu 30. 181. b. 189. a. Lam. 47. Cro. 121. a. nu 20. 1 2 P. M. c. 18. Justices of P. ought not to execute their offices in their own case Dal. 352. Cro. 68. a. nu 4. Yet
a Justice of Peace being assaulted may commit the offender to prison Cro. 68. a. Lam. 134. Dal. 352. So Crompt thinketh that a Justice of Peace may record a forcible entry made upon his â—own possession and commit the offender Cro. 67. b. 68. a. nu 4. 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 bind him to his good behaviour Dal 195. Justice of Peace must proceed by the prescript of the commission and statute Dal. 20. Where the statute referreth the trial c. 10 the Justice of Peace his discretion it seemeth he may examine upon oath Dal. 22 155. One Justice of Peace ought not to bind one to appear at the Q Sessions to answer his fault committed against a penal law except the statute of Labourers Lam. 187. Dal. 339. Every Justice of Peace is a conservatour of Rivers within his County Lam. 189. Justice of Peace not giving remedy to the party grieved in a cause that may be heard determined and executed by him upoâ— complaint to the Judges of Assize or the Lorâ— Chancellour is to be put out of commission bâ— the Lord Chancellour and punished accoâ—ding to his desert 4 H. 7. c. 12. Lam. 370. Crâ— 120. b. nu 6. Dal. 353. One Justice of Peace may command fresâ— suit hue and cry and search to be made by officers and others after thefts robberies injoyn watches for the arresting of suspecteâ— persons and night-walkers high-waies to bâ— enlarged that two Constables be chosen in every Hundred forbid Fairs and Markets iâ— Church-yards command all between 15 anâ— 60 to be sworn to the peace charge the Constable to arrest all such as be suspected to bâ— draw-latches wasters or robbers of men Lam. 185. Justices of Peace taking bond in his own name and not Domino Rigi in a cause touching the King is to be imprisoned 33 Hen. 8. c 39. Lam. 102 143. Justice of Peace at their Sessions are of equaâ— authority Lam. 385. Vide Cro. 122. a. nu 33. Justice of Peace must send his prisoner to thâ— common gaol Lam. 133. 5 H. 4. c. 10. A felon is brought before a Justice of Peacâ— upon suspition though it appear to the Justicâ— he is not guilty yet he may not set him at liberty but so as he may come to his trial Lam 233. Dal. 279 304 353. Cro. 40. b. nu 20. otherwise it will prove a voluntary escape iâ— the Justice for he is not to be delivered bâ— any mans discretion Dal. 8. Lam. ut supra A man is arrested for felony by a Constable or other who afterwards hath knowledge that there is no such felony done the opinion of Kâ—ble Comsby and Serjeant Frowick was that he might set him at liberty but if one be killed and another be arrested for suspition â—hough after he know the arrested is guiltâ—ess or was arrested for malice he ought not â—o set him at liberty but must be delivered by course of law otherwise it is felony Cro. 40. nu 20. b. Justice of Peace dwelleth or is in another county he cannot cause one to be brought before him out of the county where he is Justice into another county Dal. 23. Cro. 120. b. nu 12. What things Justices of Peace ought to do ex officio Record a demurrer upon the evidence Lam. 539. Give day to the party to bring in a Record that is before other Justices which is pleaded by way of justification Lam. 539. 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. Justices 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 Justices of P. may take issue with one that pleadeth a pardon that he is one of the parties excepted Lam. 540. Justices of Peace cannot acquit felons by proclamations but if no prosecution be theâ— are to keep them till the coming of thâ— Justices of gaol-delivery Lam. 550. Justices of P. may enquire of all manner oâ— felonies at the common law or given by any statute and of all manner of trespasse done against the peace of the King and of such trespasser wherein action of the case will lie â—â—â— trespass or deceit for in the end of the Wriâ— grounded upon the case it is contained contrâ— pacem nostram Cro. 8. a. nu 25. Justice of Peace shall be punished for conspiring with another to indict a stranger aâ— the Sessions but not for a thing done by hiâ— in Sessions as a Judge Cro. 122. a. nu 32. One Justice of Peace rebukes another neither he nor any of his fellow Justices can commit him for all are by one authority anâ— therefore hath no remedy if the King will noâ— remove him but if one Justice abuse anotheâ— in open Sessions it seems the rest may bind him to the Peace Cro. 122. a. nu 33. 134. b Lam. 385. Defaults against the statute 3 Hen. 6. c. 11. â—oâ— levying of wages for Knights of the shire arâ— to be heard and determined by enquiry foâ— the King or action for the party before thâ— Just of Peace Lam. 512. Justice of P. needs not to shew his commission by which he is made Justice when he justifieth the doing of any thing as a Justice for he is Justice of Record and the commission remaineth with the Custos rotulorum of the said County and he is called by the commission in open Assizes and Sessions Cro. 120. b. nu 13. Lam. 387. Justice of Peace hath a Record in his hands and is discharged of his office he cannot certifie the same without a Writ of Certiorari although he be made Justice afterwards Cro. 121. a. nu 15. 132. a. Justice of Peace may have his action of the Case against him that calleth him False Justice of the Peace It seemeth also that he may be indicted for they may enquire of all trespasses where a man may have his action of the Case Cro. 121. a. nu 21. 122. a. nu 29. Quicquid Justiciarius fecerit de Recordo â—gnoranter pro defectu scientiae non erit pro â—o punitus Sicut accidit de Seneschallo libertaâ—is Abbatis de Crowland qui colore libertatis de Infangthefe judicavit hominem mori contra â—egem pro eo libertas seisita fuit in manus Regis nulla poena Seneschallo Cro. 121. b. nu 24. â—usticiarius non potest puniri pro re per ipsum â—acta judicialiter sed Officiarii ut Vicecomes alli Officiarii be Recordo erunt puniti Cro. 122. a. nu 28. Justice of Peace certifieth into the Kings Bench that such a man broke the peace in â—is presence the party shall be put to his â—ne without any Traverse to the same Cro. â—32 a. Justice of Peace who is of the Quorum â—ught to
be resiant within the County â—here he is Justice of the Quorum 2 H. 5. c. â— Cro. 122. a. nu 34. Justice of Peace was put out of Commisâ—ion in Camera Stellata for that he refused to â—ake surety of the peace of one that came â—efore him who offered to find surety of the peace for that the Justice which granted the warrant was not his friend and thereupon would not go before him to be bound Cro. Jurisd of Courts 31. b. One Just of Peace upon his view of forcible detainer may record the same by 15 R. 2. c. 2. but in case of Riot or Rout c. there must be two Justices of Peace with the Sheriff or Under Sheriff 13 H. 4. c. 7. Cro. 61. b. nu 9. Justice of Peace commandeth one upon pain of 10 li. by his precept to be at the next Quarter Sessions and he appeareth not No Scire facias shall go forth more then iâ— there had been a Subpoena but it seemeth that he shall be attached to be at the next Sessions upon an accompt Cro. 123 a. nu 9. An affray is made within a Corporate Town whilest the Sessions be held there â— and that Town hath Justices within it self â— the Justices of Peace shall not intermedlâ— there but otherwise it is at the Assizes Cro. 146. b. Laboures and Servants ONe Justice of Peace may cause all artificers and other persons meet to labouâ— by his discretion to work by the day in haâ— and corn-harvest time or imprison the refusers in the stocks for two daies and one night 5 El. c. 4. Dal. 77. Lam. 475. The Constable refusing to stock them loseth 40. shill One Justice of Peace under his hand and â—eal may licence labourers in hay and harâ—est time to go into another country to work Dal. ibid. One Justice of Peace upon complaint may â—ompel meet persons to be bound as apprenâ—ices to husbandry or any other art c. and â—or refusal commit them to ward there to remain untill they be bound to serve according â—o the statute Dal. 77. 5 El. c. 4. One Justice of Peace may take order beâ—wixt the master and apprentice for want of â—onformity in the master bind him over to â—he Q. Sessions where four Justices one being of the Quorum may discharge the apprenâ—ice and if fault be in the apprentice inflict â—ue correction Dal. 78. but if the first Justice find fault in the apprentice quaere if he may â—y 7 Jac. c. 4. send him to the house of Corâ—ection as an idle disorderly person Dal. 78. One Justice of Peace may allow of the cause of putting away of a servant or of his deparâ—ure within his term Dal. 79. 5 Eliz. c. 4. But an apprentice must be discharged by four Justices of Peace in open Sessions ibid. One Justice of Peace may command vagrant persons to prison if they will not serve Dal. 81. One Justice of Peace may make his Warâ—ant to attach a servant departing to be at â—he Sessions or may send him to the house of Correction Dal. 78. Two Justices of Peace upon complaint that â— servant departed before the end of his term â— except 1. cause be allowed by one Justice of Peace or 2. at the end of his term without one quarters warning before two witnesses or 3. hath refused to serve for the wages appointed by proclamation according to the statute or 4. hath promised to serve accordingly and doth not may examine the matter and may commit without bail such faulty person till he be bound to serve and continue and then he is to be discharged without see to the Goaler Dal. 79. Lam. 330. Two Iustices of the Peace may imprison the master for 10 daies without bail and the servant for 21 daies that giveth or taketh greater wages then are allowed by stat Dal. 80. Lam. 330. and the master loseth 5 li. 5 El. c. â— All retainer promise or paiment of wages or any other thing contrary to statute and every writing and bond for the purpose is void 5. El. c. 4. Dal. 79. Two Iustices of Peace may imprison for a year or less 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 proveâ— by the confession of the party or oath of two Dal. 79. Or the Iustices at the Sessions may inflict other punishment One Iustice may binde the offender to the good behaviour and so to the next Sessions Dal. 79. Lam. 330. 473. Two Iustices may compel any woman of the age of 12 and under 40 being unmarried to serve by the year week or day for such wages as they shall think meet or commit her to ward till she be bound Dal. 80. Lam. 330 331. The retainer of any to serve in the arts of â—loathing Wooll-weaver Tucker Fuller Cloath-worker Sheerman Dier Hosier Tailer Shoomaker Tanner Pewterer Baker Brewer Glover Cutler Smith Farrier Curâ—ier Sadler Spurrier Turner Capper Hatmaker Felt-maker Bowyer Fletcher Arrowâ—ead-maker Butcher Cook or Miller for â—ess then a year is void 5 El. c. 4. Lam. 473. Dal. 79. No person shall interupt deny let or disturb any free or rough Mason Carpenter Bricklayer Plaisterer Joyner Hard-hewer Sawyer Tiler Pavier Glasier Lime-burner Brick-maker Tile-maker Plumber or Labourers born in the Realm or any Denizon to work in any of the said crafts in any City Borough or Town Coporate with any that will retain him or them though they do not inhabit or be free there upon pain of 5 pound the one moiety to the King the other to the informer 5 Ed. 6. c. 15. Any unmarried or under thirty years and married are compellable to serve in any of the said arts or to be imprisoned untill they will serve 5 El. c. 4. upon request of any person using the said trades except the person be lawfully retained with some other or have 40 shillings per annum in lands or 40 pound in goods or some farm in tillage Lam. 473. Dal. 79. None retained in husbandry to depart at his time into any other limit town or parish without testimonial on pain of 21 daies imprisoment and to be whipped if then he brings none and receiver of such loseth 5 li. Lam. 474. Dal. 85. Labourers not working so many hours as they ought lose 1 d. an hour Lam. 474. 5 El. c. 4. Servant falling sick or non potens corpore the master may put him away nor abate his wages Dal. 84. Any taking work by great and departing unlawfully before the work be finished loseth 5 li. and is to be imprisoned for a moneth Lam. 474. 5 El. c. 4. Any taking an apprentice contrary to order of law or exercising an art not being apprentice therein 7 years loseth 10 li. 5 E. â— 4. Lam. 475. Cro. 83. a. Servant departing into another shire is indicted for it in the County whence he departed the Justices of Peace may award a Capias to the
or market-town or hath curried any leather not well tanned or not throughly dried after his wet season or hath used in such wet season any deceitful means to corrupt the same or hath curried any outward sole-leather with any other stuff then hard tallow or less of that then the leather will receive or inner loose-leather or upper leather but with good stuff being fresh and not salt or hath not liquored them thoroughly or hath scalded or shaven too thin or gasht in shaving or otherwise or not wrought sufficiently any leather loseth six shillings eight pence and the value of every skin marred except gashing in shaving and for such gashing double as much as the leather is impaired 1 Iac. cap. 22. Lam. 465. Currier that during the time that he useth â—urrying useth the fear of a tanner cord wainer shoemaker butcher or other artificer using cutting of leather loseth 6 shillings 8 pence each hide ibid. Currier refusing to curry within 8 daies in summer and 16 daies in winter perfectly any leather brought by any outter of leather or his servant bringing with him good stuff for perfect liquoring of the same loseth 10 shillings for every hide Shoemaker that maketh any Boots Shoes Buskins Startups Slippers or Pantofles or any part of them of English leather wet curried other then Deer Calves or Goats-skins dressed like Spanish leather but of leather well tanned and curried or well tanned onely and well sewed with thred well twisted waxed and rosined with the stitches hard drawn with hand leathers without mixing neat and calves leather in the over-leather thereof or hath put into any shoes books c. any leather made of sheep-skins bull-hide horse-hide or into the upper-leather of any shoes slippers or pantofies or into the neather part of boots the inner part of the shoes onely excepted any part of the womb shank neck flank pole or cheek of any hide or into the outer sole other then the best of the oxe or steer hide or into the inner sole other then the necks womb pole or cheek or in treswels of the double-soled shooes other then the flanks of any the said hides or hath put to fale any year between the last of September and the twentieth oâ— April any shoes boots c. meet for any person above four years old wherein hath been any dry English leather other theâ— calves or goats-skins dressed like spanish leather or hath shewed for sale any of his ware upon Sunday loseth 3 shill 4 pence for every pair and the just value 1 Iac. cap. 22. Lam 465 466. Every Lord of fair or market that doth not appoint and swear yearly two or threâ— honest and skilful men to be searcheâ—â— and sealers of leather there and siâ— honest and expert men to try the samâ— leather loseth 40 pound Lam. 466. Sucâ— triers as do not their duties therein with out delay lose 5 pound for default Lam 467. Searcher or sealer so appointed refusinâ— with speed to seal good leather or allowinâ— insufficient leather loseth 40 shill or receiving any bribe or exacting any undue fee foâ— execution of his office loseth for every offencâ— 20 pound or refusing to execute the said office being duly elected loseth 10 pound Lam 467. He that will not suffer a searcher to enteâ— into any place to search tanned leather or wrought wares or to seize or carry away that which is insufficient or hath put away any â—anned leather red and unwrought without â—egistring the same and the price thereof loseth the value of the leather Lam. 467. 1. Jac. cap. 22. Leets Steward of a leet cannot grant surety of the Peace unless it be by prescription but he may commit him to ward that shall make an affray in his presence whilest he is in execution of his office or bind him to the peace or to his good behaviour Lam. 14. He may also take presentment of an offence against the peace ibid. In every leet or market there ought to be a pillory and tumbrel and for want thereof the Lord of the leet or market shall make a fine to the King Dal. 151. Cro. 149. Lent vide Fish-daies Liberties and Franchises Liberties and Franchises be such which have return of Writs and not such as are Counties of themselves as London York Norwich c. not towns which have by grant of the Kings Justices of Peace so that no other Justice do intermeddle Cro. 8. a. nu 30. Dal. 23. 2 3 P. M. c. 18. Justice of Peace may execute his authority within any liberties not being a County within it selfe and it is good but the liberty may have their remedy against him Lam. 47 48. Dal. 23. Cro. 8. a. nu 30. 181. b. 189. â— Libellers A man finding a Libel against a private man must presently burn it or deliver it â—â— some Magistrate Dal. 195. If against a Magistrate or publick person to deliver it to some Magistrate that by examination the author may be found out Dal. ibid. Libellers it seemeth may be bound to their good behaviour as disturbers of the peace whether they be contrivers procurers or publishers of the libels for such libelling and defamation tendeth to the raising of quarrels and effusion of bloud and special occasions to the breach of the peace Dal. 194. Libelling is by scandalous writings by book ballad epigram or rhime 2. by scandalous words as scoffs jests taunts or songs 3. by hanging up of pictures or signs of reproach neer the place where the party traduced doth converse most as gallows Cucking stool pillory horns or such like Dal. 194 Cook 5. fol. 125. Licenses Two Justices of the Peace may licence poor diseased persons to travel to the Baths for remedy of their grief so as they be provided of relief for their travel and beg not 39 El. c. 4. Dal. 101. Lam. 332. 1 Iac. c. 25. Justice of Peace dwelling neer where any person having suffered ship wrack shall land may and ought to make a testimonial under his hand to such persons of the landing c. and thereby to licence them to pass the next direct way to their place of birth or dwelling and limit them a convenient time for their passage Dal. 100 127. Lam. 303. 39 El. c. 4. 39. El. c. 17. 1 Iac. c. 25. No Justice or Justices of Peace as it seemâ—th can in any case licence any poor man to wander beg at all Dal. 101 127. Lam. 303. â—9 El. c. 4. 17. Convicted for abusing of a licence of transportation of victual shall be committed for a year without bail or mainprise Lam. 349. 1 2 P. M. c. 5. Licences for badgers drovers c. are to be granted in open Quarter Sessions by three Justices of Peace whereof one of the Quorum and shall not endure above a year unless the same be yearly renewed 5 6 Ed. â— 14. 5 El. c. 12. Lam. 610. Vide Badgers Linnen cloth He that causeth to be used any racking beating or casting any deceitful
where such riot or rout shall be to do exâ—â—ution of the Statute under pain of 100 li. â— any other Justice that be not next unto â—e place shall execute the Statute it will exâ—use the next because all have power alike â—y the first part of the Stat. Lam. 326 327. Dal. 111. P. R. 30. Night-walkers vide Watches Noble Personages A Noblemans promise to keep the Peace hath been held sufficient Dal 165. Lam. 81 82. A Justice of Peace may not grant warrant of the Peace against a Lord of the Parliament Dal. 165. Nor against a Dutchess Countess or Baroness for they are Peers of the Realm and shall be tried by their Peers and have the same priviledges that Dukes Earls and Barons have Dal. 166. Dutchess Countess or any Noble by birth marrieth with a Gentleman she loseth not her name of dignity but if she be made noble onely by marriage and her husband dying marry a Gentleman she loseth herdignity Câ—o. 110. a. Dal. 166. Vide Clergy that a Nobleman may have his Clergy for any felony except wilfull murder and poisoning None are noble under the degree of a Baron Lam. 539. Non sanae memoriae There be three sorts of persons Non sanae memoriae or non compotes mentis Dal. 248. 1. A natural fool who is so from his birâ—h 2. He that was once of sound memory and after by sickness 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 Nusance Every man may in a peaceable manner assemble a meet company to do any lawful thing or to remove or cast down any common Nusance Dal. 224. Cro. 66. a nu 64. One is indicted of Nusance and acknowledgeth it infinite distress shall go to the Sheriff to remove it and he shall not be received to his fine till the Sheriff return that it is removed Cro. 186. a. Obedience to the King IF any practice to absolve perswade or withdraw any from their natural 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 Sâ—e of Rome or other estate or if any have been willingly so absolved or have promised such obedience it is treason 23 El. c. 1. Lam. 412. Cro. 18. a. Colore Officii When officers take any thing Colore officii â— is taken in malam partem and is extortion â—nd the office is but a veil to cover the fault â—ut when it is ratione or virtute officii then it â—â— in bonam partem Cro. 57. b. nu 2. Ordinary His Fees vâ—de Fees The Ordinary oweth not his attendance at â—he Sessions of the Peace as he doth at the goal-delivery Lam. 395 396. The Court may allow Clergy in strictness of Law though the Ordinary or his deputy be not there Cro. 118. b. nu 44. Stam. 13. a. A felon adjuged to be hanged in failing to read may in favour of life have the benefit of Clergy at the Gallows By which it appeareth that the Ordinaries presence is not of necessity But this is intended where the felon is adjudged in the Kings Bench not at the Assizes for their commission endeth with their Sessions but before Justices of Peace it seemeth he may have his Clergy at the Gallows for their Commission continueth and may allow Clergy without an Ordinary Cro 116. a. nu 54 56. Stam. 132. b. yea oâ—e reprieved may pray his Clergy at the next Assizes Cro. ibid. nu 59. The Judges are Judges of the Clerks reading and not the Ordinary For if the Ordinary say that he readeth and cannot he shall be hanged and the Ordinary fined Cro. 119. a. nu 49. Vide plus Clergy â—xtortion Oath You shall swear that the surety of the Peace which you require against A. B. is not of any malicious intent for vexation but for very fear and for the needful preservation of your body and goods in safety so help you God Lam. 83. Oath of the Justices of P. vide Dal. 13. Oath of Supremacy Dal. 14. Oath of Constables and Churchwardens is to be enlarged vide Tiplers Oath of Allegeance Dal. 15. 3. Jac. cap. 4. 7 Jac. c. 6. The Custos Rotulorum or any two Justices of of Peace one being of the Quorum may take the oaths of Under-sheriffs of their County their Bailiffs Deputâ—es Clarks or under officers before they shall exercise their said offices Dal. 138. See 27 El. c. 12. the form of the Oath Quaere if Justices of the Peace may examine upon oath sureties of their sufficiency Dal. 171. Justices of Peace in their Sessions may do it Cro. 194. a. Br. imprisonment 18. Default of Under-sheriffs their Clarks Bailiffs c. in not taking theâ—r oaths for execution of their office is to be heard and determined at the Quarter-Sessions 27 Eliz. c. 12. Lam. 6 15. Under-sheriffs Bailiffs c. doing any thing contrary to their oaths lose to the party grieved treble damages 27 El. c. 12. Lam. 433. Where the refuser of the oath of Allegeance shall incurre a Praemunire vide Piaemunire Refuser of the oath of Allegeance is disabled to execute any place of judâ—cature or office being no office of inheritance or ministerial function or practice of the Law Civil or â—ommon or the science of Physick Surgery â—r the art of Apothecary or any liberal â—ience 7 Iac. c. 6. One Justice of Peace to whom complaint is â—ade may commit to the gaol without bail â—ll the next Assizes gaol-delivery or Quessions any above the age of 18 years under Baron or Baroness which stand presented â—dicted or convicted for not coming to â—hurch or not receiving the Communion â—r which by the Minister pety-Constable and â—hurch-warden or any two of them shall be â—mplained of to any Justice of the Peace and â—y him suspected may by such Justice be required to take the oath of allegeance and may be committed without bail till the next Assizes for refusing the oath of allegeance Iac. c. 6. Lam. 199. Dal. 82. 107. Two Justices of the Peace one being of the Quorum may require any person of the age of â—8 or above under the degree of a Baron or â—aroness to take the oath of allegeance and â—n refusal to commit him to the gaol without â—ail till the next Assizes or Quarter Sessions Iac. c. 6. Lam. 363. Where the examination of a Justice of P. is â—he conviction of the party there it ought to â—e upon oath but wheâ—e it is but to inform â—he Jury upon the indictment it needeth not â—am 536. Dal. 159. Though the statute doth â—ot expresly say it shall be upon oath Dal. â—â—id In cases of felony it seemeth convenient â—â—at the information be upon oath otherwise â—â—e examination shall not be given in eviâ—ence For If the examinate die before the trial the examination may be evidence without oath many will
speak coldly It is the practice of the Courts in Westminster Dal. 307 308. Cro. 194. a. nu 5. Lam. 213 214 215. Br. Examination 32. The resusing the oath of allegeance required by two Justices 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 Qu. Sessions 7 Iac. c. 6. Lam. 362 363 616. The oath of allegeance being required â— the Q. Sessions of such as formerly refused thâ— same and being there tendred and refused the refusers other then Noblemen and women incur Praemunire except women covert whâ— are to be sent to the gaol without bail Lam ibid. Orchards and Gardens vide Hedge-breakers Overseers of the Poor Overseers for the poor for every parish are to be nominated yearly in Faster week oâ— within a month after by two Just of P. onâ— being of the Quorum under their hands anâ— seals dwelling in or neer the Parish 43 El. c. 2. Lam. 360. Dal. 91. Overseers and Church-wardens with two such Justices may set to work children of such as are not able to keep them and aâ—â— married and unmarried which have noâ— means to maintain them and may raiseâ— weekly stock or otherwise by taxation of every inhabitant and dispose thereof ibid. Overseers and Church-wardens not letted by sickness or other just excuse allowed by two such Justices shall meet monthly in the Church upon Sunday after Evening Prayer to consult about ordering of the poor or forfeit 20 shillings a piece 43 El. cap. 2. Any finding himselfe grieved with the taxation made by the Overseers c. or by the Justices may have remedy at the Quarter Sessions 43. El. c. 2. In disability of the parish the two Justices may tax any other parish within the Hundred If the Hundred be not sufficient the greater part of the Justices of Peace in other Sessions may rate other parishes 43 Eliz. cap. 2. Overseers and Churchwardens either present or subsequent may by warrant of two such Justices levy all sums and arrearages of any refuser by distress and sale of his goods In default of distress two such Justices may commit him without bail till paiment made 42. El. c. 2. Overseers may be committed till they do account 43 El. c. 2. All to whom the overseers by 43 El. 2. may â—ind apprentices may take and keep them as â—pprentices and the overseers may with the â—ssent of two Justices of Peace one being of â—he Quorum in their respective limits where â—here be more then one or by assent of one Justice of Peace where there be no more â—et up use and occupy any trade mystery or â—ccupation onely for setting poor of the parish on work wherein they are overseers 3 Car. c. 4. Vide Poor Pannel Vide Jurors Pardon AT the Common Law before the statute of 13 R. 2. stat 2. c. 1. a pardon of all selonies was good for murders and so for pety treasons Lam. 561. Pardon of all felonies is not good for murder or pety treason except the pardon be with a non obstánte or that murder be therein expresly mentioned Dal. 246. Cro. 21. b. nu 7. But it is good for accessaries both before and after A pardon of all felonies will not discharge a man that is attainted of felony except the execution and attainder be pardoned Cro. 115. a. nu 1. Lam. 562. Dal. 245. Breaker of the peace after the pardon forfeiteth the pardon and may be hanged notwithstanding his pardon Cro. 115. b. nu 16. Dal. 247 The King only can pardon treason murder or other felony or any accessary thereto Dal. 247. General 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 Lam. 559. 560. Cro. 115. b. nu 13. Pardon of abjuration is not good without special words of abjuration Lamb. 562. Quaere if a general pardon for pety treaâ—on availe him that is indicted of murder â—ithout the word proditoriè Lam. 560. A general pardon coming betwixt the â—roke and the death of all misdemeanors â—ill avail for the death Lam. 560. Quaere if a pardon of all offences except persons outlawed of murder will avail one that hath committed manslaughter and yet â—â—dicted and outlawed of murder and after â—e pardon reverseth the outlawry Lam. 60. Cro. 116. b. nu 17. Pardon of attainder and execution for feâ—ony is not good for felony without words to â— pardon the felony it self Lam. 562. Pardon of a Goaler for escapes of felony â—nd traitors is not good for voluntary â—scapes Lam. 562. Pardon of two for all felonies done by â—hem or either of them will not serve for ofâ—ences done by one of them alone Lam. 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 pety treason murder nor for one attainted of felony Lam. 561. A special pardon ought to be pleaded under the great Seal and a writ of allowance brought with it testifying he hath found surety for the good behaviour unless there be a dispensation by non obstante Lam. 561. Prisoner pleadeth a pardon Justice of Peace in absence of the Kings attorney may joyn issue that he is one of the persons excepted Lam. 540. Stam. 103. He that killeth another se defendendo needs not sue to the King for a pardon Stam. 15. â— Lam. 253. He that killeth one by misadventure shall have a pardon of course without suit Sâ—â—â— 16. Stat. of Glo. c. 9. in both cases the gooâ—â— are forfeited The manner of suing a pardon of course iâ— If they desire to purchase their pardon they must upon their trial plead not guilty and then the special matter being found by verdict they shall be bailed then they muâ—â— sue forth a Certiorari to certifie the record â—â— the Lord Chancellour who shall make theâ— a pardon of course under the great seal without suing to the King Stam. 15. Dal. 250. Park and Parker Hunters or killers of any Deer or Conies â—â— the night or day-time in any park or warren or in any other inclosed grounds and being thereof lawfully convicted every such offender shall suffer three months imprisonment and find sufficient surety for the goâ—d behaviour for the space of seven years or elsâ— continue in prison till he find such sureties for the space of seven years and pay trebble damages or if it be for deer 10 li. to the party grieved at his election 5 El. c. 21. 7 Jac. c. 13. Dal. 326. Vide Hunting Parson and Vicar vide Ecclesiastical causes Every Justice of P. may examine offences aâ—â—inst the Statute of â—3 Eliz. cap. 10. for taâ—â—ng of partridges and phesants in the night and binde the offenders by recognizance with good surety to appear at the next Quarter Sessions c. And after
upon the statute â— perjury to be awarded by the J. of the P. â—â—â—ore whom the conviction was Lam. 585. Committing of perjury upon answer to â—ill of complaint is not within the statute â— 5 Eliz. but for a false deposition upon examination upon interrogatories Crom. 18. b. nu 3. If any give false evidence upon a bill of endictment at the Sessions it is held he shall not be punished by the statute of 5 Eliz. fâ—â— that the King is not named in the said stat Cro. 18. b. nu 5. If an officer take other fees then are allowed and incident to his office he commâ—tteth perjury Cro. 57. b. nu 7. A man is attainted of perjury the Kinâ— pardons and restores him Quaere if his testimony shall be allowed against a prisoner for Once forsworn ever forlorn Cro. 100. â— Dal. 305. Petty-treason The wilful killing or joyning in killing oâ— the husband by the wife the master or â—â—stresâ— by the servant the Ordinary by hâ— clark is petty-treason 25 E. 3. c. 2. Lam. 24â— 246. Dal. 236. Cro. 19. b. nu 1. The child maliciously killeth the father â— mother it is petty-treason though the fathâ—â— or mother at the same time give neithâ—â— meat drink nor wages to the said chilâ— but it is petty treason in the said child in â—â—spect of the duty of nature violated Dal. 23 Cro. 19. b. But Lam. saith it is not treason â— the child if the father give it not meat nâ— drink as to a servant Lam. 245. and do thâ— business for it is as a servant 21 E. 3. 17. â—â— formeistre by Lam. opinion The son or daughter in lâ—w kill the fathâ—â— or mother in law with whom they dweâ—â— and do service and have meat and drink â—â— petty treason though such child take no â—ages but the inditement shall be by the â—ame of servant Dal. 237. Judgement in petty-treason is a man is to â—e drawn and hanged if a woman both in â—igh treason and petty-treason to be drawn â—nd burned Lam. 570. Dal. 237. The forfeiture for petty-treason is the King â—â—all have all his goods and for his lands â—nnum diem vastum and the escheat â—â—ereof shall be to every lord of his proper â—e Dal. 238. No clergy is allowed in case of petty-treaâ—â—â— Dal. 237. Pewter vide Brass Physician One neither Physician nor Chirurgion taâ—eth upon him to cure a sick or wounded â—an who dieth under his hand it was felony â—ntil 34 H. 8. c. 8. Lam. 240. Dal. 243. But if a smith or other having skill onely â— curing and dressing dâ—seases of horses or oâ—er cattel shall take upon him cutting or letâ—ng blood or such like cure of a man â—ho dieth thereof it seemeth to be felony â—al 243. Pictures brought from Rome vide Agnus Dei Plays and Players vide Unlawful games vide Rogues Head-officers and Justices 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 is houses infected within the said corporation or priviledged place 1 Jac. cap. 31. Lam. 337. Corporation or priviledged place not being able to relieve the persons infected therein upon certificate of the head officer or Justices of Peace or two of them to the two nexâ— Just of the Peace the said two Justices may assess and tax the inhabitants of the county within 5 miles of the corporation at a weekly tax for the relief of them 1 Jac. c. 31. Lam. 337. There being no Justice of Peace in the corporation or the infection being in a hamlet the two next Justices of the county may assess the inhabitants of the county within five miles of the place infected for thâ— reasonable relief thereof 1 Iac. c. 31. Lam. 338. The taxes upon refusal to be raised by warrant of the head-officers or Justices upon the goods of the refuser or upon defaulâ— of goods returned the party by anotheâ— warrant to be imprisoned till he make payment thereof with the arrerages 1 Jac cap. 31. Taxes made for the relief of places infected are to be certified at the next Q. Sessions anâ— there to be continued enlarged or extendeâ— to other parts of the County or determineâ— â—â— the greater part of the Justices 1 Iac. c. 31. â—am 609. Taxes levied of the county for the relief of â—â— infected corporation are to be disposed by â—e head-officer and Justices of the corporaâ—on or two of them and if there be no Juâ—ce then by the Justices assessors 1 Iac. â— p. 31. Officers negligent in levying of the taxes â—se ten shillings to be employed as the taxes â— Iac. c. 31. Watchmen not to be impeached for hurtâ—g those infectious persons that being comâ—anded to keep in will in offering to come â—rth resist the watchmen 1 Iac. c. 31. Any infectious person commanded to keep â—â— goeth abroad and keepeth company haâ—ing an infectious sore uncured it is felony â—ithout corruption of blood or forfeiture of â—oods if without sore to be punished as a â—agabond by 39 El. and bound to his good â—ehaviour for a year 1 Iac. c. 31. Officers of a corporation and Justice of the â—eace in the county may respectively apâ—oint swear and direct searchers watchers â—nd buriers of infected persons and places â— Iac. c. 31. Lam. 197. One Justice of Peace may command persons dwelling in infected houses to keep in and if they go abroad violently enforce them 1 Iac. c. 31. Lam. 197. Cro. 122. b. nu 39. Dal. 90. Plaints in Court One Justice of Peace may upon complaint â—xamine the Sheriff or Under Sheriff and Plaintiff concerning the taking and entring of plaints in their County-Court and books against the statute or any Bailiff of the Hundred for not warning the defendant in such a plaint according to his precept from the Sheriff or Under-Sheriff and if he thereby find them faulty that shall stand for a sufficient conviction and attainder without further enquiry or examination and these examination the Justice must certifie into the Exchequer within a quarter of a year on pain of forfeiture of 40 shill for every default 11 H. 7. 15. Lam. 201. Dal. 137. Sheriff entring plaints in any mans name that is not present in Court nor hath any sufficient attorney or deputy loseth 40 shill Lam. 431. So if he enter more plaints then the plaintiff supposeth he hath cause of action for 11. H. 7. c. 15. Lam. 431. Pond and Pond-heads vide Fish Poisoning vide Murder Pope To extol the power of the â—ope by writing cyphering printing preaching or any speech open deed or act advisedly holden or stood with to extol or defend the power of the Bishop of Rome or of his See heretofore claimed and usurped within this Realm or to abet procure counsel aid or comfort such is treâ—son for the second offence for the first offence Praemunire Dal. 231. Lam. 411. â—â— El.
c. 1. Presentment at the Quarter Sessions for exâ—olling the power of the Pope of Rome must â—e certified by the Justices of Peace before whom it was taken into the Kings Bench â—ithin 40 daies after if the term open if â—ot then the first day of the next term or eâ—ery Justice lose 100 pound 5 El. c. 1. Popish books Printer buyer seller or bringer from beâ—ond the sea of any Popish primer Lady-â—alters c. in any language or other superâ—â—itious books in English loseth 40 shill a â—ook whereof one part to the King another â—o the informer a third to the poor of the paâ—ish where the book shall be found 3 Ia. c. 5. Two Justices of the Peace may search the â—ouse or lodging of a popish Recusant or â—hose wife is such for popish books and reâ—ques and finding any unmeet for them to â—se must deface and burn them or being of â—alue deface them and restore them to the â—wner 3 Iac. c. 5. Poor people Traveller with wife and children not being â—rogne dieth or runneth away the Town â—here that happeneth is not bound to keep â—hem where they die nor send them away â—ut only in charâ—ty except they become â—andring rogues Lam. 208. Resol 7. Parents able to work are to finde their chilâ—â—en by their labour and not the Parish Reâ—â—l 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. 99. Able bodies yet idle 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 Resol 10. by such Justice of Peace as may appoint overseers for the poor 43 El. c. 2. Lam. 209 295. Dal. 99. Able bodies yet idle and refusing to work having any lawful means to live by are not to be sent to the house of correction Resol 10. Lam. ibid. Dal. 97. It is fineable to remove or put any out oâ— the parish who are not to be put out and such may be sent back Resol 11. Dal. 98. None may take relief at any mans door in the parish but by the appointment of the overseers nor begge in the high-waies in their parish Resol 15. Parsons vicars farmers or owners of impropriations cole-mines or saleable woods are to be charged with the relief of the poor Resol 18 19. Bishop and his Chancellour and three Justices of Peace have power to examine how money for the relief of the poor appointed by the statute is bestowed and to call to account the detainers thereof 14 Eliz. c. 5. 39 Eliz. c. 18. Lam. 366. Justice of Peace proved before the â—udges of Assize by two witnesses to be in default about the execution of the statute for the poor loseth 5 li. 14 El. c. 5. Lam. 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 shill a moneth Lam. 445. 39 El. cap. 3 4. In disability of the parish or hundred to relieve the poor the greater part of the Justices at the Qu. Sessions may rate any other parish or hundred thereto 39 El. c. 3. 43. El. c. 2. Lam. 611. Beggars children at the Qu. Sessions may be bound to serve any subject in an honest calling 14 El. c. 5. 18. El. c. 3. Lam. 614. Performance or not performance of so much of the statute of 14 El. c. 5. for the poor as is not altered by 39 Eliz. c. 3. or 43. El. c. 2. 1 Iac. c. 25. is to be yearly examined at Faster Sessions Lam. 620. Overplus of the stock for maimed souldiers is to be imployed by the greater part of the Justices at the Q. Sessions to be such charitable uses as are set down in the statute for the Poor except by them it be reserved for future pension 43 El. c. 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. 96. The Justices may compel such as be of ability to take poor children apprentices and may binde such masters refusing over to the next goal-delivery so said Sir Henry Mountague at Cambridge Assizes 1618. and the statute of 43 El. c. 2. seemeth to warrant as much the words whereof are to this effect It shall be lawful for the Churchwardens and Overseers or the greater part of them by the assent of two Justâ—ces of the Peace to bind any such children to be apprentices where they shall see convenient cause Dal. 93. or the Churchwardens or Overseers with the assent of two such Justices may impose a competent summe of money upon such refuser for putting out such an apprentice and upon refusal to levy it upon the Justice of Peace his warrant by distress and sale of the offenders goods Dal. 93. If the Parents without good cause shewed refuse to suffer their children to be apprentices the Justices may binde them over to answer their contempt if the child refuse send him to the house of correction quousque c. Dal. 93. A master putteth his apprentice into apparel he cannot take it away though he part with the apprentice Dal. 96. Two Justices of Peace one being of the Quorum may send to the house of correction or gaol such as imploy not themselves in work being appointed 43 El. c. 2. Possession actual and in Law If after the death of A. another man abateth or entreth into his house forcibly before the heir of A. hath gotten any actual possession indeed the heir of A. shall have no restitution because he had a possession in law onely Lam. 153. Dal. 217. Information of ariot is a sufficient cause to â—aise the power of the county though indeed â—here were none Lam. 315. Dal. 114. Cro. 62. â— nu 22. 64. b. nu 49. Power of the county is raised without â—nowledge or information of a riot if when â—hey come they finde one it is lawful and â—hey may proceed to punish it Lam. 316. Dal. â—14 Cro. 62. b. nu 20. Power of the county in suppressing a riot â— de Riot The Justices of Peace Sheriff or Undeâ—heriff in levying power of the County may â—ave the aid of all the Knights and other â—emporal men under that degree that are aâ—ove the age of 15. and able to travel upon â—ain of imprisonment fine and ransome to â—he King Dal. 113. Lam. 315. Cro. 157. b. But it â—s referred to the discretion of the Justices how â—any or how few they will have and in what â—ort they shall be armed Dal. 113. Lam. 315. Cro. 64. b. nu 49. One Justice of Peace may take power of
the â—ounty to suppress rioters and need not tarâ—y till his fellows come Cro. 157. b. Dal. 110. Lam. 181. Constable may take the aid of his neighbour to arrest another upon an affray Cro. â—58 a. Lam. 134. Sheriff upon a writ of execution returned â—hat he could not execute it for resistance and was amerced 20 marks because he took â—ot the power of the county Cro. 158. a. Lam. â—57 Dal. 216. Preacher He that disturbeth a Preacher of purpose maliciously or contemptuously in Sermon-time is to be bound to his good behaviour have three months imprisonment Lam. 416. 1 M. c. 3. If the disturber of any Preacher be arrested and brought before any Justice of Peace upoâ— due accusation examination heard either by the arrester or other person he shall forthwith commit the party so taken to custody by his discretion and within six daies after another Justice joyning in examination theâ— upon confession of the party or conviction oâ— two witnesses may commit him to prison for three months Lam. 195 333. 1 Mar. c. 3. Quaere if all the statute of 1 Mar. 3. be noâ— repealed by the general words at the latteâ— end of the statute 1 Eliz. c. 2. Dalt 103 104. Sir Nich. Hides opinion cited that it was wholly repealed Precept vide Warrant Praemunire Refusal to take the oath of the Kings supremacy the first offence is praemunire thâ— second treason 5 El. c. 1. Lam. 411. 23 El. c. 1 To aid comfort or maintain one that hath committed treason in using of bulls is praemâ—nire 23 El. c. 1. Lam. 413. Vide Treason To hold set forth or defend the power spiritual of any forein Prince or person heretofore claimed used or usurped within thâ— Kings dominions by writing printing preaching express 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. c. 1. 5 El. c. 1. enquirable by words of 23 El. c. 1. Lam. 411. He which aideth any person that putteth in â—ure any bull writing or instrument of absolution gotten from the Bishop or See of Rome c. to the intent to uphold the authority of the See of Rome incurreth praemunire 13 El. c. 2. 23 El. c. 1. Lam. 413. To bring from the Bishop or See of Rome or any claiming authority 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 wear in any wise or receive them to such intent and not to apprehend the offender or within three daies disclose him to the Ordinary or other Justice of Peace or within one day deliver the things received to a Justice of Peace 13 El. c. 2. 23 El. c. 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 chattels and to have a perpetual imprisonment and to be out of the Kings protection Cro. 14. a. Dal. 234 235. But quaere if he be attainted upon 27 of E. 3. 1. if he appear at the day of the praemunire returned Dal. ibid. Br. Praemunire 6. Coo. 11. 34. Instit. 129. 130. at large A man may not kill him which is attainted in the praemunire by 5 El. c. 1. but before he might for they were out of the Kings protection Cro. 15. a. b. One lawfully imprisoned untill the next Sessions for refusing the oath of Allegeance and there again refusing it incurres a praemunire except married women who are onely to be imprisoned without bail 3 Jac. c. 4. 7 Jac. cap. 6. Just of P. not disclosing nor certifying within 14 daies the name of him which bringeth any Agnus Dei crosses or pictures to one of the Kings Councel 13 El. c. 2. is pramunire Lam. 195 372. Broakers of bargains contrary to the statute of 37 H. 8. c. 9. provided against usury shall be punished as Councellors Attorneys or Advocates in case of praemunire 39 El. c. 18. 13 El. cap. 8. Delivering or sending any relief to a Jesuite Priest or other remaining in any Colledge of Jesuites incurreth praemunâ—re 27 Elâ—z cap. 2. Presentment Presentment is a declaration of the Jurors or Officers without any bill offered before Lam. 485. It differeth from an indictment which is the verdict of the Jurors 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 Jurors be â—llied or of blood to him that procureth the â—ndictment but it is no discretion in the Juâ—tices to suffer such to be impanelled Lam. â—98 Presentment of a Jury of an hundred of an offence done in another hundred Lam. 399. Constable presents a fault at the Sessions which belongeth to his office which is allowed by the Enquest it is good otherwise it shall not serve for an Endâ—ctment Cro. 25. b. Constables Churchwardens Aleconners Sides men may present all offences contrary to 4 Jac. c. 5. Presentment where all were not sworn if â—he Record be that all were sworn Lam. â—99 Where the declaration of the Offiâ—ers 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. c. 8. 5 El. c. 13. of high-waies Dal. 67. Cro 125 b. 195. a. nu 5. Searchers appointed to examine the true making of tile 17 Ed. 4 c. 1. Lam. 508. Constable for sundry points in the statute of Winchester 13 Ed. 1. Lam. ibid. Amendment of a presentment vide Vâ—nire facias Priests vide Jesuites Principal and Accessary vide Accessary Imprisonment is the putting of a person from his liberty unto the custody of the Law to answer to that which shall be objected Lamb. 228. Dal. 343. A man is in prison so long as he is in sighâ— of his Gaoler though he break away Dal. 276. No man shall commit another to prison except he be a Judge of Record Dal. 344. Constable imprisoning a suspect for felony may lock the stocks and put irons on him and in conveying him to the Justice or gaol may pinion him or otherwise make him sure that he cannot escape Dal. 350. One committed to prison for refusing to find sureties for the peace shall remain there till he freely offer and find them Lam. 93. Dal. 171. One committed for denying to find sureties for the peace may not be delivered upon the death or release of the party without help of the Sessions or gaol-delivery Lam. 93. Quaere One was imprisoned till he made fine for that he stood by whilest one was slain because he did not his best to attach the murderer
Lam. 132. The Sheriff or gaoler may imprison in his house or in the common gaol at pleasure Dal. 347. Quaere Cro 169. b. Lam. 133. Constable cannot imprison in his house but in the stocks and that but until he may provide convenient aid to convey him to the Justice of Peace or to the Gaol Dal. 348. Lam. 133. Just of Peace cannot commit felons to prisons which be not common gaols nor make gaol of their own houses Lam. 133. 5 H. 4. c. â—0 Cook 9. 119. b. 23 H. 8. c. 2. Dal. 347. Justice of Peace may commit to the stocks â—ome offenders against certain penal statutes Dal. 347. Breach of prison is the escape of a Felon â—hough not indicted out of the gaol stocks â—r possession of any keeper Lamb. 229. Dal. â—75 One imprisoned upon a capias pro fine is to â—e delivered upon payment thereof Lam. 574. â—r upon pledges by Recognizance for payment thereof Lamb. ibid. Prisoners Every one who is under arrest for felony â—s a prisoner as well without prison as in the â—tocks in the high-way or in the possâ—ssion of him that arrested or hath the keeping of him Dal. 275 343. To break prison is felony being committed for felony Lam. 228 424. It is no matter whose prison is broken whether the Kings or other persons whether it be common or private gaol or the Constables house or others house who hath the custody of him for felony Dalt 275. Stam. 31. Rescous to help a prisoner commâ—tted for felony to get away is felony Lam. 229 424. If an officer or other whatsoever by his wilfull default suffer a prisoner to escape it is felony Lam. 229 424. Prison-breach is to escape out of the stocks or out of any mans possession Lam. 229. A Constable voluntarily suffereth a thief to drown himself it is felony in the Constable Dal. 276. but if the thief kill hang or drown himself it is a negligent escape Dal. Ibid. Prisoner of sufficient ability shall bear his own charges and of them that shall be appointed to guard him to the gaol and he refusing the Constable of the parish where he dwelleth by warrant from the Justice that committed him may levy the same by distress and sale of his goods after apprizement by four of the parish the overplus to be delivered to the owner 3 Jac. c. 10. Prisoner not of ability and those that guard him to have their charges from the place of apprehension to the gaol born by the parish where he is apprehended the same to be equally taxed by the Constables and Church wardens and two or three of the Inhabitants and allowed by the Justice of Peace 3 Jac. c. 10. Any lawfully taxed for the charge of bringing a prisoner to the gaol and refusing to pay it to the Constable or other officer of the parish by warrant from the Justice of P. that committed him may levy the same by distress and after apprizement by four of the parish sale of the goods giving the owner the overplus 3 Jac. c. 10. Defendant in any action of a distress taken by force of the statute of 3 Jac. c. 10. may plead not guilty and give the special matter in evidence and upon recovery or non-suit shall have treble damages 3 Iac. c. 10. Prisoners discharged by Justices of Peace who take the indictment to be void may be stayed if they change their opinion before â—udgement Lam. 540. A man outlawed for felony is imprisoned amongst traitors and breaking prison setteth them loose this is rescous of a traitor and treason Cro. 35. a. nu 5 6. Privy Sessions vide Sessions Process Process hath the name because it proceedeth or goeth out upon former matter either original or judicial Lam. 519. Suggestions and informations whether by word or writing are but to stir up the Justices to commend the cause to the Inquest and not to award process upon them Lam. 509. unless it be in certain causes where it is especially given them by statute ibid. Authority to make process upon endictments is given to the Justices by words of their commission or by implication where the power of hearing and determining is given by their commission Lam 520. Process ought alwaies to be in name of the King with Non omittas c. with Teste of any two Justices under their hands sitting in Court Lam. 520. Dal. 412. No process plea or suit is to be discontinued by making a new commission of the Peace 11. H. 6. c. 6. 1 Ed. 6. c. 7. Lam. 520 See the end of 1 E. 6. c. 7. Process upon all endictments of trespass against the Peace or upon special statute is Venire facias and if he be thereupon returned sufficient then a Distringas Infinitè if he be returned Nihil habet then Capias alias pluries Exigent Lamb. 522 523. Dal. 412. Process upon the stat of unlawful games liveries maintenance archery c. Venire facias Capias Exigent 33 H. 8. c. 10. Quaere if it be not repealed by 37 H. 8. c. 7. Lam. 523. Process upon the statute of Victuals at tachments Capias Exigent Lam. 523 524. Process upon depraving the Sacrament is two Capias Exigent Capias utlegatum and may be sent by any three Justices into any shire one being of the Quorum Lam. 524. Justice of Peace may award process into a forein county against an accountant for money levied for making a gaol 25 H. 8. c. 5 5 El. c. 24. Lam. 525. Justices of Peace where the servant departed may award a Capias to the Sheriff of the shire whereinto he departed returnable before themselves 5 El. c. 4. So where a decaied bridge is in one county and the party or land chargeable do lie in another county Lam. 525. 22 H. 8. c. 5. One indicted of treason or trespass in one county is imprisoned in another the Justices may award Habeas Corpus to remove him before themselves Lam. 526. Process upon indictment of felony may be sent into any forein county 5 E. 3. c. 11. Lam. 527. Process upon indictment of felony is two Capias and an Exigent 23 E. 3. cap. 14. Lam. 528. Indictment of treason felony or trespass in one county nameth the indicted to be of another the first process shall goe into the county where he is indicted the second to the county where he is named to be returnable â—hree months after and if he be not to be found there then that Sheriff to make proâ—lamation at two County Courts before the â—eturn that he appear before the Justices of â—he County where the indictment is at the lay in the Capias and if he appear not an Exigent to be awarded 8 H. 6. c. 10. Lamb. 525 â—26 The two Justices of the Peace which have â—he over-sight of the Sheriffs books and of the â—merciaments upon suggestion may make process as in an action of trespass against the offenders of that stat to answer before them â— 1 H. 7. c. 15. Lam. 360.
â—â—de not remain with the Iustices of Peace Cro. â— ibid. Recusants Wilfully absenting themselves from Church â— 2 moneths contrary to 1 El. c. 2. and conviâ—ted being of 16 years of age are to be bound â—o the good behaviour upon certificate of â—ne Justice of Peace to the Kings Bench 1 El. â— besides other penalties 23 El. Dal. 104. Every Justice of Peace may give notice to any person to forbear to receive or keep such as shall obstinately refuse to come to the Church by the space of a moneth together 35 Eliz. cap 1. Heir of a Recusant being a Recusant at his Ancestours death conforming himselfe and taking the oath of supremacy made 1 Eliz. before the Archbishop or Bishop of the Diocess shall be free from penalties for the recusancy of his ancestour 1 Jac. c. 4. Heir of a Recusant being under 16 years at the death of his ancestour at or after 16 years becomes a Recusant he is not to be freed of his ancestours penalties for recusancy till conformity as aforesaid 1 Jac. cap. 4. Two parts of Popish Recusants lands being seised for the paiment of 20 li. a moneth the third is not to be charged with it but is to descend to his heir and the two parts to remain in the Kings hands till he be satisfied thereof both for the ancestour and heir 1 Jac. cap. 4. Any sending his children beyond the seaâ— out of the Kings dominions to any religious house to be instructed or strengthened in Popery loseth 100 pounds and the person so going or being there and not returning within one year and submitting is disabled to inherit purchase or take any lands oâ— goods in his Majestie dominions till conformity 1 Iac. cap. 4. Estates in trust for benefit of any sent beyond the sea to any religious house to be instructed in Popery are void 1 Iac. c. 4. Justice of Peace not certifying at the next Q. Sessions the oaths taken of any reconciled to the See of Rome upon his submission returning into the Realm doth forfeit 40 pounds 3 Jac. c. 5. Lam. 633. Forfeitures upon the statute of 1 Jac. c. 4. against Popish Recusants half to the King and half to the suer in any the Courts of Record at Westminster by action of debt c. 1 Jac. c. 4. Popish Recusant conforming himself in coming to Church according to the law and after convicted for not receiving the Sacrament once every year loseth for the first year 20 pound for the second year 40 pound for the third year 60 pound And if after conformity in receiving the Sacrament â—he offend therein he losetâ— for every offence 60 pound one moity to the King the other â—o the informer to be recovered in any of â—he Kings Courts at Westminster or before the â—udges of Assize or Justices of the Peace at â—heir Quarter Sessions by action of debt c â— Jac. c 4. Lam. 418. Constables and Churchwardens or for want of them the high Constable once every â—ear are to present the monethly absence of â—opish Recusants from Church with the â—ames of the servants and children above â—ine years old or lose 20 shillings for every â—ffence upon their conviction to have 40 â—hill out of their goods 3 Iac. c. 4. Lam. 616. Clark of the Peace is to record the Presentment of Constables and Church wardens for â—onthly absence from Church without fee â—1 loseth 40 shill 3 Iac. c. 4. Offences upon any statute for not going to Church or receiving the Sacrament may be heard and determined by the Justices of Peace at their Quarter Sessions as Justices of Assize might before 3 Iac. c. 4. Lam. 617. Upon an indictment for not coming to Church or not receiving the Sacrament Justices of the Peace at their Qu. Sessions may by proclamation command the indicted to render his body to the Sheriff before the next Qu. Sessions or Assizes and in default of appearance then the same to be a sufficient conviction 3 Iac. c. 4. Lam. 616. Popish Recusant convicted of not coming to Church according to law shall in Easter or Michaelmas term next after the conviction pay into his Majesties receit after the rate of 20 pound a month and so to continue without any other indictment till he conform himself and in default of payment all his goods and two parts of his lands to be seised till conformity leaving the mansion-house to the third part 3 Iac. c. 4. The King seising 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 Iac. c. 4. Indictments against Popish Recusants are not to be avoided for want of form until conformity 3 Iac. cap. 4. Justices of Peace may hear and determine all offences against the statute 3 Iac. c. 4. except treason 3 Iac. c. 4. Lam. 617. Attainder of felony upon the statute of 3 Iac. c. 4. of Popish Recusants barreth not dower nor corrupteth bloud 3 Iac. c. 4. Any pursued for doing any thing warranâ—ed by the statute of 3 Iac. c. 4. may plead the â—eneral issue and give the special matter in â—vidence 3 Iac. c. 4. Husband is not chargeable with the forfeiâ—ure of the wife upon the statute of 3 Iac. c. 4. â—r not receiving the Sacrament nor the wife â—fter his death Popish Recusant convict coming to the Court where the King or his heir apparent â—s without the Kings command or warrant â—n writing from the Councel loseth 100 li. â— Iac. c. 5. the one half to the prosecutor Recusants convicted or other forbearing â—or three months to hear divine service now â—welling in London or within ten miles exâ—ept tradesmen having no other dwelling â—re to depart within forty daies and if they â—ome to dwell there within three months â—hen to depart within ten daies after conviction and to deliver their names to the Maior of London or the next Justice of the County or lose 100 pound 3 Iac. c. 5. the moiety to â—he prosecutor Every one not repairing every Sunday to some usual place appointed for Common-prayer there to hear divine service upon conviction within one month after default upon consession or oath of one witness 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 Justice of Peace may levy 12 pence for every default by distress and sale of the offenders goods and in default of distress the Justice may commit him till he pay it which is to be imployed for the poor 3 Iac. c. 4. Dal. 105. Coke 11. 61. b. They which harbour within their houses any except parents or others to whose custody they are committed or knowing the same retain in their service any absenting themselves a month together from Church without reasonable excuse lose ten pound a month 3 Iac. c. 4. The King or five Lords of the Privy Councel may by writing under the hands
of the Privy Councel licence a Popish Recusant confined five miles to travel out of his compass for such time as is contained in the licence without inserting any cause 3 Jac. cap. 5. Popish Recusant confined to five miles informing upon oath four Justices of Peace that he hath necessary occasion to travel farther and that he will make no causses staies they with the asseâ—t of the Bishop of the Diocess Lieutenant or his Deputy under their hands and seals and specifying in their licence the cause and time of travel may by licence under their hands and seals give liberty to him to travel forth of his compass all other licences to be void and any travelling without such licence not having taken such oâ—th shall forfeit as a Recusant convicted by the statute of 35 Eliz. cap. 2. 3 Iac. cap. 5. Dal. 109. Lam. 365. and any one of the four Justices may minister the oath 3 Iac. cap. 5. Lam. 296. Statute 35 El. c. 2. confining Popish Recusants to certain limits is hereby confirmed and the proviso for licensing them to goe-beyond their limits is hereby repealed 3 Jac. cap. 5. Popish Recusants convicted are not to practise the common or civil law not 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 fortress of the Kings on pain of 100 pound one moiety to the King the other to him that will sue 3 Jac. cap. 5. Popish Recusant convicted or whose wife is a Popish Recusant during recusancy not to execute any publick office or charge in the Realm 3 Iac. c. 5. Married woman being a Recusant convicted whose husband is not convicted not conforming her selfe according to law forfeiteth to the King two parts of her dower or joynture and is disabled to be executrix or administratrix to her Husband 3 Iac. c. 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 Iac. cap. 5. Recusant convicted married otherwise then by a minister lawfully authorized and according to the orders of the Church is disabled to be tenant by courtesie or in dower or by joynture or to have widows estate or frank-bank or any part of her husbands goods and marrving any by whom he is not intituled to be tenant by the couâ—tesie loseth 100 pound one moiety to the King the other to him that will sue 3 Iac. c. 5. Child 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 poor of the parish and the third to him that will sue 3 Iac. c. 5. Popish Recusants not excommunicated buried otherwise then according to the orders of the Church his executors or administrators knowing it or causers of it lose 20 pound one third part to the King one third part to the poor of the parish and one third part to him that will sue for it 3 Jac. c. 5. Popish Recusant convicted during his conviction to be from the ending of that Parliament disabled to grant any advowson c. or to present or nominate to any spiritual living the same to remain to the Chancellors of the Universities of Oxford and Cambridge according to their several 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. c. 5. Penalties upon the statute of 3 Jac. c. 5. against Recusants to be recovered in any his Majesties Courts of Record by action of debt bill plaint or information without essoin protection or wager of law 3 Iac. cap. 5. Marrâ—ed woman under Baroness convicted of not coming to Church and of not receiving the Communion who doth not within three months after conform her selfe to be committed by two Justices of the Peace one being of the Quorum until conformity unless her husband pay 10 pound a month to the King or the third part of his lands 7 Iac. â— 6. The penalty of 12 pence and of 20 l. a month shall be both of them paid by a Recuâ—ant convict Dal. 106. Cro. 11. 63. b. Two Justices of the Peace may require a convicted Recusant of small ability who repaireth not to the place of his dwelling or place of his birth there to notifie himselfe to the Minister and Constables according to the statute of 35 Eliz. or afterwards removeth five miles from the same if upon apprehension he conform not himselfe within three months to abjure the Realm and assigne him his time and haven 35 El. c. 2. Dal. 109. The form of the Oath Tou 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 dominions without licence of our Soveraign Lord the King or of his heirs so help you God Dal. 109. Stam. 119. Every such Recusant that refuseth to absure or after abjuration doth not within the time appointed go to such haven and depart or after such abjuration returneth without his Majesties special licence in every such case shall be adjudged a selon 35 El. c. 2. Dal. 109. Lam. 419. 1 Iac. c. 25. The Justice of P. before whom such abjurations shall be made must presently cause the same to be entred of Record before them and certifie it at the next general gaol-delivery in the said county ibid. The Bishop of the Diocess or any one Just 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 inquire hear and determine of all Recusants both for not coming to Church and not receiving the Sacrament according to law as Justice of Assize and gaol-delivery may do and at the Sessions in which such Indictment shall be taken make proclamation to render their bodies to the Sheriff and before the next Q. Sessions at which if the offender make not appearance of Record it shall be a conviction 3 Iac. cap. 4. Lam. 616. Popish Recusant convicted is disabled to be executor administrator or guardian the guardianship to go to the next of kin to whom the land should not come being no Recusant and he to accompt to the heir as the case shall require 3 Iac. cap. 5. Recusants armour gun-powder and munition by warrant of four Justices of the P. at their general Sessions shall be taken from them other then necessary weapons allowed by the said Justices for their defence and kept at the Recusants costs where the Justices shall appoint And the Recusant refusing to tell what armour he hath or disturbing the delivery
thereof forfeiteth the armour and is to be imprisoned for three months without bail 3 Iac. c. 5. La. 617 618. Regrator Regrator is he that buyeth live or dead victuals tallow or candles in the market and â—elleth the same there or within 4 miles â—3 El. c. 25. Lamb. 450. 5. Ed. 6. c. 14. 5. El. c. 12. Release Just of P. compelleth one of his own motion â—o give surety of the peace untill a certain day â—â—e may by like discretion release it before â—he day Lam. 110. Cro. 139. b. nu 16. Dal. 179. Party bound generally to keep the peace without any day limited it is for life and no man can release it Lam. 110. Dal. 179. Cro. 142. â—â— Brook Peace 17. Recognizance is taken at the suit of A. to keep the peace against him onely A. may reâ—ease it before the same Justice or any other that will certâ—fie it Lam. 110. Dal. 179. Cro. â—39 b. nu 10. 169 a. That release being cerâ—ified at the next Quarter Sessions will disâ—harge the party bound of his appearance so â—hat he shall not be called upon for his recogâ—â—zance Dal. ibid. Cro. 139. b. nu 15. Recognizance is taken versus cunctum poâ—â—lum praecipuâ— versus A. yet A. may release it before any Justice tamen quaere Lam. 110. Cro. 142. b. Bro. Peace 17 Dalt 180. Recognizance is taken by discretion or upon suit the King cannot release or pardon it before forfeiture Lam. 111. Cro. 140. b. 141. a. Dal. 180. The peace being released the recogniz must not be cancelled but certified at the Sessions with the release lest peradventure the peace was broken before the release made Lam 111. Dalt ibid. Cro. 139. b. nu 16. 169. a. Whether the good abearing taken upon complaint may be released by any special person Quaere Lam. 123. Dal. 197. Neither the Justice of the Peace nor the party can discharge a recognizance of the Peace by the release out of the Sessions for first the recognizance is made to the King and therefore none but the King can release oâ— discharge it Secondly the recognizance iâ— taken for the parties appearance and the release cannot discharge the appearance Dalt 180. Brook Peace 17. The appearance is requisite notwithstanding any release made first for the safety of the recognizance secondly that others may object in open Sessions if he have broken the Peace that he may be indicated thereupon Dal. 180. E contra Cro. If the Justice of Peace at the Sessions do certifie the release by this the obliged is discharged and shall not be called upon for his recognizance nor his default recorded for the principal cause of the recognizance 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 accessary to the same and the intent is onely that then he should finde new surety if the party will not release and this is the common usage Cro. 139. nu 15. Vide plus Recognizance Forfeiture Religious Houses The owner of the site of a religious house dissolved in yearly value under 200 pound must keep a continual house there or lose 20 nobles a moneth to be enquired of and determined at the Quarter-Sessions 27 H. 8. c. 22. 5 El. c. 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 felony Lam. 229. Dal. 274 275. Rescous of a felon before arrest is no felon other wise after arrest Lam. 230. Dal. 276. Quaere Stam. 31. Rescuing a prisoner going to the gallows is felony Dal. 276. A warrant being granted by a Justice of the Peace for unlawful hunting of Deer or Conies to make rescous thereupon is felony Dal. 75. Rescous against an officer or person authorized to execute the statute of 39 El. c. 4. loseth 5 pound and is to be bound to his good behaviour Dal. 128. If a stranger take one out of prison with the prisoners assent if he be in for felony it is felony by the common law in the rescuer and he is a principal by the statute De prisonam frangentibus Cro. 38. a. nu 2. One is in the stocks for suspition of felony and is let out by a stranger it is felony although the party who escaped is not indicted Cro. 35. a. nu 3. Restitution of Possession None shall have restitution but such as are put out of house or land Dal. 214. Cro. 162. b. Lamb. 153. If it be found upon enquiry that any have entred or held with force contrary to the statute 8 H 6. c. 9. the Justice of Peace may re-seise and put the party so put out in full possession Cro. 161. b. Dal. 214. but the puttinâ— out must first be found Lam. 152. Cro. ibid. The Justice of Peace needeth not to stay oâ— stand upon the right or title of either party Dal. 214. Cro. 164. a. No restitution is to be made where there was only a possession in law Lam. 153. Dal 217. In a restitution it is not enough that thâ— putting out be found unless the indictment dâ— also contain in it adhuc extra tenet Dal. 214 Cro. 163. b. Lam. 153. Restitution ought to be made to none other then the party put out Dal. 214. Cro. 162 b. Lam. 153. After the entring or detaining with forcâ— found the Justice of Peace may by himselfâ— or precept to the Sheriff under the test oâ— himselfe alone restore the party grieved to hiâ— possession Dal. 216. Lam. 156. None can make restitution but they before whom the Indictment is found but the Justices of the Kings Bench either upon certificate made by the Justice of Peace before whom iâ— was found of the presentment or if the said presentment or indictment be removed by Certiorari Dal. 216. Lam. 157 158. If the Sheriff return upon a precept or wriâ— of restitution that he cannot make restitutioâ— for resistance he shall be amerced for he may take the power of the county Dal. 216. Lam. 158. Câ—o. 163. b. Justice of Peace before whom the presentment was made dieth before restitution quare whether the Justices at the Sessions can award it Lam 157. Justices of Peace ought not to award restitution where the indictment is insufficient in Law either in matter or form Dalton 215. In the indictment 1. not only an entry must be but also a putting out 2. the Indictment must express the quality of the thing viz. whether it be messuage cottage meadow pasture wood or land arable 3. it must say Et adhuc extra tenent 4. Expuleâ—â—nt adhuc extra tenent 5. one of these two words manu forti or cum multitudine Dal. 214 215. Cro. 169. b 163. b. Lam. 153. If error or insufficiency be in the Indictment taken before Justices of Peace and restitution awarded any two Justices of those that were present at the taking thereof may at another Sessions or without Sessions grant a
affray or do other outrage it seemeth to be a riot in so many as come with such intent Dal. 223. Quaere if falling out suddenly at such a meeting and then falling to take parts be a riot Dal 223 224. But if by agreement they meet again and fight it is a riot ibid. Vide Dal. 224. Cro. 61. b. nu 12. It can be no riot except there be an intent precedent to do some unlawful act with force Dal. 222. Cro. 62. a. nu 13. Yet if a man go to Sessions or market with his servants in harness though there be no intent to commit a riot yet the manner maketh a riot Cro. 61. a. Vide 2 E. 3. cap. 3. Dal. 225. What one Justice of Peace 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 bind them to their good behaviour Dalt 109. Lam. 181. A riot being done Justices of Peace can neither record the riot nor make enquiry nor assess the fine nor award process nor meddle with it but only as a trespass against the peace or upon the statute of Northampton of forcible entry Dal. 110. Lam. 181. Justices of Peace sitting in a judicial place and seeing a riot may command them to be arrested and record it and it concludeth the offenders Dal. 110. Cro. 65. nu 54. Lam. 385. But a Justice of Peace in anoâ—her place seeing a riot and recording it the parties may traverse it ibid. Cro. 65. a. nu 53. Lam. 386. Every Justice of Peace being of and in the county having notice of any riot ought to have a care to execute the statute 13 H. 4. c. 7. viz. that the rioters be arrested c. and removed otherwise the next Justices forâ—eit an hundred pound a piece and every other Justice in whom there shall be default fineable in the Star-Chamber Dal. 110. Cro. 124. a. nu 22. One Justice of Peace may arrest rioters enforce them to find sureties for the peace or good behaviour or in default commit them to prison Dal. 112. Cro. 157. b. Lam. 181. A Justice 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. 110. Lam. 181. Br. Peace 7. If the Justice of Peace be sick he may send his servant to repress a riot or to arrest such offenders and bring them before him to find sureties for the peace and his command by word is sufficient Dal. 110. Cro. 64. a. nu 45. 148. b. One Justice of Peace may cause all statuts for suppressing of riots to be put in execution Dal. 111. If the riot be notorious it is not safe to stay complaint or information Dal. 111. What two Justices of Peace may do in a Riot They ought to send for the Sheriff or Under-sheriff if none of them come Dalt 112. Lam. 327. If one or two next Justices do come and not the Sheriff or Under sheriff such as come shall be excused of their fine of 100 pound Dal. 111. Lam. 327 Cro. 63. b. nu 35. If one Justice of Peace in the county shall execute the statute of 13 H. 4. c. 7. it shall excuse the next Justices Dal. 112. Lam. 326 327. Two Justices of Peace present without the Sheriff are fineable if they do not all which by the statute of 13 H. 4. c. 7 ought to be done Dal. 112 Lam. 327. If two Justices of Peace without the Sheriff or Under-Sheriff See persons committing a Riot they may cause them to be arrested and record it Lam. 319. Quaere The particulars which the two next Justices of Peace with the Sheriff or Vnder-Sheriff must do upon the statute of 13 H. 4. c. 7. Dal. 113. 1. They must go to the place where the riot is Dal. 113. 2. They shall take the power of the county viz. all above 15 years of age under the degree of Barons upon pain of imprisonment fine and ransome Dal. 114. Cro. 157. b. Lam. 314 315. It is not good to raise the power of the county without certain information and knowledge yet they may do it upon information though it be false and be excused or without information if when they come they find one Dal. 114. Lam. 315 316. Cro. 64. b. nu 49. 3. They shall arrest all such offenders or cause them to be arrested and remove the force commit to prison the rioters and take away their weapons Dal. 114. Lamb. 316 317. And all such as come into the company if they be present shall be arrested imprisoned and fined as it seemeth Dal. 115. Such as they meet coming from the place riotously arraied they may arrest and imprison but cannot record any riot done by them but after enquiry may fine them Dal. 114. Lam. 316. Cro. 63. a. nu 32. The Justices see the riot committed and the rioters escape they must record it and cannot arrest them but upon fresh suit which record must be sent into the Kings Bench that process may come from thence Dal. 115. Lam. 318. The Justices may grant a warrant for such as they saw escaping to be bound to the good behaviour Dal. 115. Cro. 196. a. nu 27. And so they may do upon information but it is best to do it upon inquiry and so to fine them Dal. 115. In execution of the said arrest of rioters the Justices may justifie the beating wounding or killing of any the rioters which resist or will not yield Dal. 115. Lam. 316. Cro. 62. b. nu 20. 158. b. 4. After arrest the Justices Sheriff or Under sheriff shall record the riot in writing viz. all that shall be done in their presence against law which ought to be formal and certain as time place number weapons manner c. Dal. 119. Cro. 63. a. nu 31. Lam. 316 317. The form of the record v de Dal. 401. La. 220. If in going to see a riot another riot happen in their presence they may record it arrest and imprison the offenders Dal. 115. Lam. 318. If the rioters make a riot upon the Justices they may record it also Dal. 115. Justices record a riot and upon examination it appears no riot or saw it not or there was no riot yet the parties are concluded Dal. 116. Cro. 63. a. nu 33 65. a. nu 56 130. a. Lam. 317. 5. The Justices are presently to commit rioters to the goal and the power of the county ought to be aiding to the Sheriff or Under-sheriff Dal. 116 117. None may commit the rioters but the Justices who had the view Dal. 116. If the Justices and Sheriff or Under-sheriff commit to prison the offenders and do not record the riot every one of them loseth 100 pound or do record the riot and do not commit the offenders Dal. 117. Cro. 61. â— nu 10. 6. The said Justices and none
time in the year v. z. the first week after S. Michael the Epiphany the clause of Easter after the translation of S. Thomas the Martyr which is J. July 2 H. 5. c. 4. Lam. 597. The Easter Sessions by 33. H. 8. c. 10. anâ— to be holden the Tuesday next after Low Sunday Lam. 605. Justices of Peace shall hold their Sessâ—ons four times in the year viz. Once within the Octaves of the Epiphany the second in the second week of Lent the third between the Feasts of Pentecost and St. John Baptist the fourth within the Octaves of St. Michael 36 Ed. 3. c. 12. Cro. 123. b. nu 16. Where Crompton noteth that by 12 R. 2. c. 10. it is ordained that the Quarter Sessions should be held every quarter of a year at the least and three daies if need be by which it appeareth that the usual day is not of necessity so it be kept within a quarter of a year Cro. ibid. By the statute 2 H. 5. c. 4. Justices of Peace shall keep their Sessions four times in the year viz. in the first week after S. Michael in the first week after the Epiphany in the first week post claus Paschae and in the first week after the Translation of St. Thomas the Martyr which is the 7 of July and oftner if need be Cro. 123. b. nu 17. Cro. 123. b. nu 18. saith that upon the stat of 17 R. 2. c. 9. which permitteth to keep Sessions so oft as is expedient in Kent they keep their Sessions at other times then the times appointed by 2 H. 5. c. 4. and that it is good The place where the Sessions are to be holden is aâ—bâ—trable 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 County lawâ—ully 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 Lam. 384. At a general Sessions all matters enquirable by Justices of Peace either by their Commission or by statute ought to be given in charge otherwise at a special Sessions Lam. 623. and may be held three dayes 606. 12 R. 2. c. 10. Two sorts of men owe their ordinary attendance at the Qu. Sessions viz. officers and ministers of the Court and Jurors of the County Lam. 386. Officers are the Custos Rotulorum where he ought to attend by himself or his deputy Lam. 327. The Clark of the Peace Lam. 393. The Sheriff Lam. 395. The Coroners Lam. 394. Ministers as Bailiffs of Franchises Constables of Hundreds the Ordinary Lamb. 395. Jurors for enquiry and trial Lam. 396. The Justices of Peace if need require may keep a special Sessions by virtue of their commission or by the statute 2 H. 5. c. 4. Lam. 623. Summons of a special Sessions is for the most part for some special enquiry and not to the general service of the commission Lam. 623. All matters within the commission or statute may at a special Sessions of the Peace be given in charge yet they are at liberty to give in charge either all or any of them Lam. 623 624. If two Justices of the Peace one being of â—he Quorum make a precept to the Sheriff for the holding a Sessions at such a place and day and to return a Jury before them other Justices cannot by their Supersedeas to the Sheriff inhibit him Cro. 122. b. but the King by his writ of Supersedeas may discharge it ibid. A man is bound to appear before a Justice of Peace within forty daies after in the mean time a general Sessions is kept he ought to appear before the Justices at the Sessions Cro. 123. a. nu 8. A Justice commands one on pain of 10 li. by his precept to appear 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 Cro. 123. a. nu 9. All that come to the Sessions for publick service or upon compulsion upon complaint and examination of the matter upon oath shall be freed from any arrest upon Original process Lam. 402. Cro. 190. b. Justice of Peace may record a force if he be disturbed in coming to the Sessions so that he dare not go to the Sessions and they shall be convicted by that record Cro. 190. b. Sewers Commission of Sewers being expired six Justices of Peace two being of the Quorum may for one year after execute the laws of Commissioner of Sewers unless a new be published 13 El. c. 9. Sheep To transport sheep beyond the seas without licence or to procure the same is felony for the second offence 23 H. 8. c. 16. 8 Eliz. c. 3. Lam. 227 425. Any bringing sending or receiving into any bottomâ— any sheep alive out of the Kings dominions or procuring the same loseth his goods is to be imprisoned for a year and then in open market to lose his left hand 8 Eliz. c. 3. Lam. 456 457. Any keeping at one time above 2000 sheep of all sorts against the purport of the statute loseth 3 shill 4 pence for every sheep above 2000. 28 H. 8. c. 13. Sheriff The Custos Rotulorum or eldest of the Quorum in his absence is to appoint at Michaelmas-Sessions two Justices of Peace whereof one of the Quorum to have the oversight and controlement of the Sheriff Under-sheriff their officers and deputies and of their books and amerciaments in their County Courts and either of these two Justices or one Justice of the Peace may examâ—ne the Sheriff or Under-sheriff and plaintiff concerning the taking and entring plaints in their Courts and books against the statute 11 H. 7. c. 15. Dal. 136. Lam. 201 295 600. The particulars are Dal. 137. Lam. 431. 1. If any plaints be entred in their books in any mans name the plaintiff or sufficient Attourney not being in Court 2. If the Plaintiff find not pledges to pursue his plaint viz. such as are known in that County 3. If they enter more plaints then one for one trespass or contract 4. If they enter more plaints then the plaintiff supposeth he hath cause of action for against the defendant If upon examination the Justices 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 Justices must certifie the examination to the Exchequer within a quarter of a year on pain of 40 shill Dal. 137. The like for Bailiffs of Hundreds in not warning the defendants to appear Dalt ibid. Sheriff shall make no estreats to levy their Sheriffs amerciaments untill the two Justices have had a view and oversight of the books the said estreats shall be indented betwixt the
151. Lam. 461. The penalty is 3 shill 4 pence for each one Victuals and Victualler If Butcher Fishmonger Inholder Tipler Brewer Baker Poulterer and other seller of victual do sell at unreasonable rates and not for moderate gain they lose double value Lam. 454. 23. E. 3. c. 6. 13. R. 2. c. 8. Brewer selling drink at higher prices then have been appointed by the Justice of Peace loseth after the rate of 6 shill a barrel 23 H. 8 c. 4. Lam. 455. Conspiracy or oath taken or promise made by Butchers Bakers Brewers Poulterers â—ooks Fruiterers or any mystery or any of them not to sell but at prices agreed between them the first offence 10 pound or 20 daies imprisonment the second 20 pound or Pillory the third 40 pound or lose an ear 2 Ed. 6. c. 15. Lam. 455. To sell swines flesh mezelled or flesh that died of the murrain or other corrupt victual Stat. de pistoribus cap. 7. 51 H. 3 Lam. 455. is fineable Any except victualerâ— in their houses buying to sell again by retail butter or â—heese unless it be in open Fair or Market loseth double value 3 Ed. 6. cap. 21. 14. El. cap. 11. 27 Eliz. cap. 11. Lam. 456. 1 Jac. cap. 25. Process upon the statute of 23 H. 6. c. â—3 against victuallers is attachment Capias and Exigent Brewer or other selling of ale or beer unto any unlicensed Ale-house-keeper other then for necessary provision for his own house-hould loseth after the rate of 6 s. 8 d. a barrel one moiety to the poor the other to the informer to be heard and determined at the Quarter Sessions 4 Jac. c. 4. Lam. 460. The officer levying the penalty of 4 Jac. cap. 4. and not delivering the moiety to the Churchwarden or Overseers of the poor or not distributing it within convenient time after receipt forfeiteth the double to be recovered as the penalty 4 Jac. c. 4. Victualler is within the statute 1 Jac. c. 9. 4 Jac. c. 5. 1 Car. c. 4. Vide Transportation Ale-houses Tipling Under-Sheriff Custos Rotulorum or two Justices of Peace one to be Quorum may give unto under-sheriffs before they exercise their office the oaths of 1 Eliz. of Supremacy and 27 Eliz. c. 12. touching their office so of their Deputies and Clarks or any other medling with returning of writs or execution of process into any Court of record So Bailiffs any of them executing their offâ—ce before such oaths taken lose 40 pound 27 El. c. 12. Lam. 356 432 433. Undersheriff or his Clark or deputy doing any thing against their oath lose treble damages to the party Lam. 433. Unlawful games Every Justice of Peace may enter into any common place where any playing at dice tables cards bowls coits cails tennis casting the stone footbal or other unlawful game now invented and hereafter to be invented shall be suspected to be used and may arrest the keeper of every such place and may imprison them until they finde sureties by recognizance no longer to use such house game play alley or place 33 H. 8. c. 9. Lam. 191. Dal. 64. Cro. 79. a. 131. a. 196. a. 197. b. Lam. 349 479. Justice of Peace may arrest and imprison such players till they be bound no more to play at such game Lam. 192. Cro. 172. a. b. Lam. 349 479. Dal. 63. Artificer of any occupation or any husbandman apprentice labourer servant at husbandry journeyman servant of artificer mariner fisherman waterman or serving man other then of a Nobleman or of him that may dispend 100 l. by the year playing within the precinct of his masters house shall not play out of Christmas at any unlawful game or in Christmas out of the house or presence of his master 33 H. 8. c. 9. Lam. 479. 20 shill every time Quaere if other games besides those prohibited 33 H. 8. c. 9. be unlawful as the morrice other open dances bear-baitings common-plaies fencings which seem to be prohibited by 39 El. cap. 4. Dal. 63 1 Car. c. 1. All offences against the statute of unlawful games may be heard and determined at the Qu. Sessions Assises or Leet within which they shall happen Lam. 614. Vide plus Sunday Unlawful Assemblies An unlawful assembly is of the company of three or more persons disorderly coming together forcibly to commit an unlawful act as to beat a man or enter upon his possession or the like Lam. 175. Dal. 221. P. R. 25. Cor. 61. a. nu 3. First an unlawful assembly it is onely to meet to such a purpose though they willingly depart without doing any thing Secondly after meeting to move forward toward the executing of such act whether it be done or no is a Rout. Thirdly to execute such a thing is a Riot Dal. ibid. Lam. 175 176. Cro. 61. a. nu 3. In an unlawfull assembly Rout or Riot two things are common and must concur 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 actual and express violence to affright peaceable men or imbolden light and busie bodies by their examples Lam. 176 177. There be three degrees of feditious riotous assemblies the first from three to twelve the second of twelve or more the third of forty and upward Lam. 183. 1. El. c. 17. Justice of Peace may at his discretion assemble subâ—ects to take such and may take them and shall be unpunished for hurting maiming or killing them if they make resistance La. 184. Justice of Peace is to take the declaration of any person that being moved to such an assembly will within 24 hours 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 year loseth treble value of the monies wares merchandise and other things so lent bargained sold exchanged or shifted 21 Iac. cap. 17. Scriveners taking above five shllings for procuring 100 pound and for a bond above 12 pence forfeit 20 pound ib. Utlawry Offenders against the Peace for conspiracies and of Routs in presence of the Justice or in affray of the people being indicted thereof if they be not brought in by attachment or distress for insufficiency are to be outlawed 8 Ed. 3. c. 5. Lam. 522. After Utlawry the Justices of P. can award no process but must certifie the Utlawry into the Kings Bench Lam. 521 522. One outlawed of felony before Justices 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 Justices cannot write to the Captain or County Lam. 552. Wages RAtes of wages of servants and labourers are to be made by the Justices of Peace at Faster Qu. Sessions and by them to be ingrossed in parchment under their hands and seals and after it shall be lawful for the Sheriff of the said
County to cause proclamation to be made of the several rates so rated in so many places of their several authorities as to them shall seem convenient and as if the same had been set down printed by the Lord Chancellour or Keeper after declaration thereof to the Kings Majesty and certificate thereof into the Chancery 39 El. c. 12. 1 Jac. c. 6. Any giving wages contrary to the rates appointed and proclaimed loseth 5 pound 5 El. c. 4. 1. Jac. c. 6. Lam. 474. Every Justice of Peace not having lawful excuse testified by oath of one that is in subsidy 5 pound c. that shall not assemble at Easter Sessions or within 6 weeks after to rate the wages of servants c. shall lose 10 pound 5 Eliz. cap. 4. Lam. 632. Any having authority by 5 Eliz. c. 4. to rate wages may rate the wages of labourers weavers spinsters and of any working by day week moneth or year or by great 1 Iac. cap. 6. No penalty for not certifying the rates of wages into the Chancery according to the statute of 5 El. c. 4. if they be duly proclaimed 1 Iac. c. 6. Rates of wages ingrossed in parchment are to be kept by the Custos Rotulorum if in a Corporation amongst the records thereof â— Iac. c. 6. Any two Justices of Peace may imprison without bail the master for ten daies for givâ—ng and the servant workman or labourer for 21 daies for taking greater wages then are â—ssessed by the Justices of Peace and proclamation thereof made in that county 5 El. c. â—4 Dal. 80. Every retainer promise or paiment of wages or other thing whatsoever contrary to the true meaning of 5 El. c. 4. and every writing and bond for that purpose is utterly void Dal. 80. Justice of Peace may have his action of debt against the Sheriff for his wages at the Sessions Cro. 177. a. nu 23. Justices of Peace shall be paid their wages out of the fines and amerciaments of the same â—essions and they ought to assess the fines in the Court and then the Clark shall indent the estreats betwixt the Justices and the Sheriff and the Justices shall put their names thereto to the end the Sheriff may know to whom to pay wages and levy the same to pay to the Justices whereupon the Sheriff shall be allowed the same upon his accompt in the Exchequer 14 R. 2. c. 11. Lam. 628. Cro. 177. a. nu 30. Wainlings Any killing any Wainling Calves under two years old to fell lose 6. shill 8 pence for every offence determinable at the Quarter Sessions 24 H. 8. cap. 9. 1 Iac. cap. 25. Lam b. 453 607. Lying in wait to maim or kill any other to be fined Lam. 446. Warrants The Justice of Peace his command by woâ— of mouth is in some cases as strong as his prâ—cept in writing Dal. 336. As A Justice of Peace seeing a Riot may coâ—mand the Rioters to be arrested and caâ— them to finde sureties for their good behavâ—our Dal. 336. So upon affray assault threatning or aâ— other breach of the Peace done in his prâ—sence he may command the officer being prâ—sent to arrest such offenders to finde sure for the peace Dal. 336. But for causes out of his presence one mâ— not arrest another upon the Justices commanâ— but by precept in writing Dal. ibid. Br. Peâ—â— 7. A warrant in writing must be under tâ— Justices hand and seal or under his hand â— least Dal. 336. Lam. 85 88. But it is better under seal Dal. 337. A warrant for the peace or good behavâ— our must contain the special matter Dal. 33â— La. 87. but it is better under his seal Dalt 33â— A warrant for treason murder or felony â— other capital offence and such like need nâ— contain the special cause Cro. 148. a. Dal. 33â— A warrant is better if it contain and beâ— the date at the place where it is made the yeâ— and day when it was made Cro. 174. a. Dal. â—â— am 88. Justice of Peace being out of the County granteth his warrant to be served in the â—â—nty the officer must carry the party beâ—e some Justice of Peace within the County â— ibid. Lam. 91. The County written in the margent of â—e warrant albeit it be not expressed in the â—arrant and in Com. praedicto shall have reâ—tion to the County set in the margent â—â— 102. b. nu 29. Justice of Peace may make his warrant to â—e before himselfe yet upon a warrant for â— Peace the usual manner is otherwise Co. 5. â— Dal. 170 338. â—n some cases a Justice of Peace may grant warrant to attach the offender to be at the â—â— Sessions of the Peace to answer his said â—ence Dal. 338. Justice of Peace may grant his warrant aâ—ainst one that hath broken the peace or â—mmitted misdemeanors against the peace â— finde sureties for the peace or good beâ—aviour Dal. 34 162 165 338. Justices of Peace in divers cases as the case â—ll require may grant their warrant for the â—ies neglect or other default and such â—trant may be either to attach him to be at â—â— next Sessions there to answer c. or to â—â—g the offender before the said Justices or â—y other Justice c. who finding cause to â—â—d him may bind him to the next Sessions answer the said default Vide Dal. 338 â—0 Where the statute giveth authority to Justiâ—â— of Peace to cause another to do a thing â—â—ey have power of congruity to grant their â—â—ant to bring such persons before them that so they may take order therein Quâ— Dal. 338. A Justice of Peace maketh a warrant â— yond his authority it is not disputable Constable or other inferiour officer but â—â— be obeyed Lam. 65. Dal. 8 242 342. But if the Justice make a warrant to doâ— thing out of his jurisdiction or in a caâ— wherein he is not a Judge if the officer eâ—â—cute the warrant he is punishable Dal. 3â— Cro. 147. b. Dal. 8. Lam. 91 92. Warrant for the Peace may be directed any indifferent person by name though hâ— not officer yet it is better to a known officâ— Dal. 340. Cro. 147. a. Lam. 88. A sworn and known Officer need not shew his warrant but the servant of the stice must shew it if it be required Dal. â—â— Lam. 89. Cro. 148. a. A warrant directed to the Constable â— to a stranger joyntly and severally and eâ—â—cuted solely by the stranger is good Cro. â—â— b. Dal. 340. Warrant directed to two joyntly to arâ— another may be executed by one of the Dal. 340. Lam. 89. A Just of P. may make his warrant to Sheriff to attach one to bring him to Sessions to finde surety of the Peace 136. a. A warrant being directed by a Justiceâ— Peace to the Sheriff he may by word coâ—mand any sworn or known officer unâ—â— him without precept in writing Dal. 3â— Lam. 89. If a Justice of Peace his warrant be dire â—â—rected to the Sheriffs Bailiff
village iâ— parochia de A. and not of the parish onely But if there be but one village there the name of the parish onely or the name of the village onely or of the village in such a parish is sufficient And so if there be divers hamlets Cro. 102. a. nu 16. In an Enditement Si sit de pecunia numerata exprimere debet numerum genus pecuniae si massa rudis tum valorem si formata tum qualitatem pretium si sit panus tunc colorem pretium numerum ulnarum si animal tunc genus pilum pretium quòd felonâ—cè cepit illud contra pacem Cro. 103. a. nu 35. Stam. 81. Enquiry Justices of Peace may onely enquire and can proceed no further as in 1. Certain offences against the Supremacy 23 El. c. 1. 2. Treasons and misprisions of treason made by the 23 El. c. 1. 3. Offences against the statute of false rumours against the King 23 El. c. 1. Enquiry of a forcible entry vide Forcible entry Enquiry by presentment vide Presentment Enquiry by examination vide Examination Enquiry by information vide information Escapes Constable arresteth one that hath hurt aâ—other and voluntarily suffereth him to esâ—ape and he that was hurt dieth thereof within a year and a day the Constable shall make a fine to the value of his goods but it â—s no felony Lam. 134. To suffer a felon wilfully to escape is felony but a negligent escape is onely to be fined 1 R. 3 c. 3. Lam. 440. Dal. 276. Wilfull escape of one arrested for larceny man slaughter per infortunium se defendendo is not felony if the act were not felony at the time of the escape Lam. 230. Dal. 278. Crom. 39. a. nu â— Wilfull escape by the gaoler or keeper of a felon is felony in the gaoler not in the felon if the escape be caused by a stranger it is felony Lam. 229. Dal. 278. Escape suffered by him that receiveth a known felon is no felony Lam. 230. Dal. ib. but shall be accessary for that he was not arrested Cro. 39. a. nu 4. Vide plus Prisoners A prisoner under arrest onely escaping the escape must first be presented before he that suffered the escape shall answer it Dal. 278. A Justice sendeth for a felon out of the gaâ—â— and freeth him without bail it is felony iâ— the Justice Dal. ibid. A Justice pro defectu scientiae baileth one not bailable it is but a negligent escape Cro. 39. b. nu 4. Dal. 279. Offender upon his examination before a Justice confesseth the felony who letteth him go without commitment or bail it is a voluntary escape and so felony in the Justice Cro. 39. a. nu 7. 44. a. Dal. 304. A Town not walled must answer the escape of a manslayer in the day time 1 Cro. 40. b. nu 1. Dal. 299. The hundred must answer for a man slain out of the Town and for insufficiency the County shall be charged Dal. ibid. Gaoler 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 bast on it is a negligent escape and fineable But quaere for prisoners ought to be kept in salva arcta custodia Dal. 277. Cro. 39. b. nu 5. A Constable voluntarily suffereth a thief to drown himselfe this is felony in the Constable But if the thief without the assent of the Constable kill hang or drown himselfe it is a negligent escape in the Constable Dal. 276. Voluntarily escape of one arrested or committed for felony is felony in the Gaoler if for treason it is treason if for trespass it is trespass Dal. 278. Escheators other then those of a City or Borough that takes upon him the office not having lands in the Shire of twenty pounds per annum or for life at least or that hath sold or set to farm the office or made a deputy for whom he will not answer and whose name he doth not certifie within 20 daies into the Exchequer shall be fined 40 pound â—2 E. 4. c. 9. Lam. 429. Escheator taking for execution of any writ â—n any County above forty shillings or forty â—hillings where the land is not held incapite â—hall be fined forty pound 23 H. 6. c. 17. Lam. â—30 Escheator taking above 15 shillings for finâ—ing an office not exceeding five pounds a year loseth forty pound 33 H. 8. cap. 22. Lam. 430. Evesdroppers Evesdroppers which shall by night evesdrop mens houses are to be bound to the good behaviour Dal. 191. Evidences Justices of the Peace must binde over informers for felony to appear and give evidence against the felon at the next general Goal-delivery Dal. 49. Justices of the Peace must binde such as declare any thing material to prove the felony to appear at the next Goal-delivery and give evidence Dal. 303. If he which giveth evidence of felony to a Just of Peace against another will not be bound to give evidence at the Assises he shall be committed or bound to his gooâ— behaviour Cro. 102. b. nu 26. Dal. 25. Examination taken by a J. of P. of one couâ—ty may be certified into another county anâ— there read and given in evidence Dal. 303. Estreats Estreats are the extracts of fines forfeitures and amerciaments made by the Clarâ— of the Peace by indentures the one delivereâ— to the Sheriff the other to the Barons of the Exchequer Lam. 581. Estreats of the penalty for shooting in guns are to be recorded and sent into the Exchequer by the Justice that had the examinatioâ— of the matter Lamb. 297. Sheriff or his minister that shall levy anâ— of the Kings debts without shewing the party the estreats under the Exchequer seal shall be fined and pay treble damages to the party 42 E. 3 c. 9. 7 H. 4. c. 3. Lam. 432. He that estreateth issues of others then such who were chargeable or charged loseth five Marks to the King and as much to the party 27 El. c. 7. Lam. 432. Examination Felon brought before a Justice must be examined before he be committed to Prison the information of those that bring him must be put in writing within two daies after and the party bound to appear give evidence at the next Goal-delivery 2 3 P. M. c. 10. Lam. 212. Dal. 49 303. Before the statute the examination of a felon was not warranted at the Common law for nemo tenetur prodere seipsum but the offender shall not be examined upon oath Dal. 307. Circumstances observable in examination of a felon Lam. 218. Dal. 303. Cro. 98. a. In what offences conviction shall be by examination vide the several 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 limiting it Lam. 534. Where the statutes limit conviction to be by examination general a Just of Peace may examine
No process is to be awarded by the Justiâ—es after outlawry but they are to certifie the â—utlawry into the Kings Bench Lam. 521 522. Process upon informations must be such â—s the statute whereupon they are grounded doth appoint Lam. 528. The Sheriff or his minister that hath arrested or caused any fine ransome or a merciament to be levied by reason of indictment or presentment at the Sheriffs turn or law-day without process from the Justices loseth 40 pound 1 E. 4. c. 2. Lam. 431 521. Informations made in the Sessions that an alehouse keeper hath done any thing whereby he hath forfeited his recogniz the Justices of P. may award process against him to shew cause why he should not forfeit his recognizance Lam. 524. but quaere what process Lam. 524. Process cannot be awarded by the Justiceâ— of Peace upon any forfeited recognizance except ale-houses but they must certifiâ— them to the higher Courts Lam. ibid. Proclamation Justices of Peace cannot acquit felons by Proclamation or without sufficient acquital anâ— if they cannot indict them they must remain till the gaol-delivery Lam. 549 550. The form of Proclamations to remove â— force upon a writ upon the statute of Northbampton vide Lam. 168 169. Dal. 61 62 Constable if any affray be dangerous may make proclamation Lam. 132. Dal. 33. maketh a quaere One Justice of Peace may make a proclamation in the Kings name to stay a riot Lam. 183. Quaere for the statutes 1 M. 12. 1 El. cap. 19. are expired Justices of Peace at every Sessions use to make proclamation that if any will inform for the King he shall be heard Lam. 520. Proclamation annexed to the statute of 4 H. 7. c. 12. is to be read every Q. Sessions or every Justice present loseth 20 shill 4 H. 7. 12. Lam. 633. Quaere if of force now Promoters vide Informers Prophesying Prophesier with intent to make rebellionâ— dissention loss of life or other disturbance â—n the Realm being convicted thereof before the Justices of Peace shall be imprisoned one year without bail for the first offence and forfeit also ten pound for the second offence imprisoned all his life and lose all his goods and â—hattels real and personal and to be impeachâ—d within six months 5 El. c. 15. Lam. 415 â—16 Purveyors If purveyors caterers or servants of any â—an but the King take any thing without â—he owners will or as they can agree and â—ake present paiment it is felony Lam. 231. Dal. 282. Cro. 48. a. Purveyor shall not take cart or other proâ—ision of any Prelate or Clerk Purveyor his deputy undertaker or serâ—ant maketh purveyance without warrant â—f any thing above 12 pence without conâ—â—nt of the owner it is felony 2 3 P. M. â—6 Lam. 422. Dal. 286. Cro. 48. a. Purveyor taking any carriage in other â—anner then is comprised in his commission is felony 36 Ed. 3. cap. 2. Lam. 423 Dal. â—86 Or any purveyance without commission â—nder the great Seal Dal. ibid. Cro. 48. b. it is â—â—lony Or make purveyance of goods above 12 â—ence without testimony and apprizment of â—â—e Constable and four honest men of the own and without delivering tales or Indenâ—ures under his seal testifying his purveyâ—nce it is felony Lam. 423. Dal. 286. Quaere if it be but of the value of 40 shill â—r under Quaere by whom the apprizement â—hall be made and between whom the Indenâ—ures shall be made Dal. 287. To take more victuals or carriages for the Kings house then he shall deliver to the same house is felony Dal. 287. To take sheep in their wools betwixt Easter and Midsummer at small prices and tâ— carry them to his own house to shear them Lam. 423. Dal. 286. 23 E. 3. cap. 15. is felony Quaere if the felony of purveyours by 36. E 3. c 6. be not altered by 23 H. 6. 1 2. Purveyour taking any thing of the value oâ— 40 shillings or under without present paiment loseth double the value of the thiâ— taken and the Constable upon request made not aiding him to resist the purveyour â—â— taking loseth double damages And any of the Kings officers procurinâ— any to be arrested or vexed for such resâ—stance loseth 20 pound 20 H. 6. c. 8. 2â— H. 6. c. 2. Lam. 439. Purveyour taking any thing of any man tâ— spare him is to be imprisoned two years paâ— treble damages and ransome Lam. 439. Purveyour taking corn by other measurâ— then the stricken bushel or by any morâ— then eight such bushels to the quarter anâ— that hath taken carriages therefore withoâ—â— making ready paiment is to be imprisoneâ— one year and pay five pound unto the Kiâ—â— and 5 pound unto the party 25 E. 3. c. 1. 3â— E. 3. c. 3 1 H. 5. c. 10. Lam. 439. Purveyor of timber or his deputy causinâ— any timber to be felled fit for barking bâ— only in barking time except trees for building or repairing the Kings ships or houses oâ— having taken any profit by the lops tops oâ— barks of any trees or having taken from the owner any more of any tree then onely the timber loseth 40 shill for every tree Lam. 438 439. 1 Jac. c. 22. Dockets of Purveyours ought to be deliverd over to the Justices of Peace at the next general Sessions and by the Justices to be certified to the Treasurer of the Kings houshold 2 3 P. M. c. 6. Lam. 614. Purveyour taking any provision for the Kings house by force of his commission and â—elling away the same his first taking is extorâ—ion and he is punishable as a trespasser if not â—s a felon Dal. 287. Undertakers deputies servants and all oâ—her which under colour of the Kings Commission to the Kings Purveyors do take any victuals against the statute are liable to the pains therein mentioned against purveyours 2 3 P. M. c. 6. Cro. 48. b. Justices of Peace are to certifie to the Treaâ—urer of the Kings houshould the dockets of purveyours brought to their Sessions by Constable that the serving of such Commissions and the true answering of purveyance may be better examined thereby Lam. 590. 2 3 P. M. c. 6. Upon malice prepensed to put out any ones eyes is felony 5 H. 4. c. 5. Cro. 49. a. Lam. 256 420. Dal. 280. Quarter-Sessions vide Sessions Rape or Ravishment DEflowring of a maid under ten years oâ— with or without consent is felony wiâ—â—out Clergy 18 El. c. 6. Lam. 256 421. Dâ—â— 290. Cro. 47. b. Ravishing of a woman against her wâ— without consent either before or after â—â— fact or being with force though after â—â— do consent is felony without Clergy Weâ—â— c. 34. 18 El. c. 6. Lam. 256 241. Cro. 47. b. Dâ—â— 290. To be present and aiding the ravisher rape Lam. 258. Cro. 47. b. Stam. 24. Dal. 29 No rape where the party deflowered concâ—â—veth with child Lam. 257. Dal. 289. Cro. â—â— b. Stam. 24. Deflowering of one kept as the deflowerâ—â—