shall be assigned keepers of the Peace by the Kings Commission who together with other wise and learned in the Law shall have power to heare and determine Felonies and Trespasses done in the same Counties and to inflict punishment according to Law and reason VIII Stat. 34. E. 3.1 There shall be assigned in every County for the keeping of the Peace one Lord and three or four of the most worthy of the County with some learned in the Law who shall have power to arrest and Chastise rioters Barretors and other offenders according to the law and their owne discretions to bind people of evill fame to the good behaviour and to heare and determine felonies and trespasses done in the same County IX All generall inquiries heretofore granted within any seigniories for the mischiefes done there shall from henceforth cease and be repealed X. The fines imposed by I. of P. for trespasses shall be reasonable and just XI Stat. 42. E. 3.4 All commissions of inquirie except of Escheatorship shall be directed to the Justices of the one Bench or other to the Just of Ass or to the most worthy in the Country and to none other XII Stat. 12. R. 2.10 In every Commission there shall be but six Justices assigned who shall keep their Sess every quarter at least in pain to be punished at the discretion of the Kings Councell XIII Every Justice of P. shall have for his wages 4. s. a day and the Clerke of the P. 2. s. for so longtime as the Sessions shall last to be paid by the Sheriffe out of the Amerciaments arising at the same Sessions XIV No steward of any Lord shall be assigned in any Commission neither shall any association be made to the Justices of Peace after the first Commission XV. Judges and Serjeants at Law shall not be bound to attend the Sessions but when they may conveniently intend it XVI Stat. 13. R. 2.7 Notwithstanding the Stat. of 12. R. 2.10 which prohibits the stewards of Lords to be Justices the most sufficient Knights Esquires and Gentlemen of the Law shall be put in Commission and sworne to put in execution without favour all statutes which concern their office XVII Stat. 14. R. 2.11 There shall be 8. Justices of Peace assigned in every County XVIII Double estreats of Amerciaments at the Sessions shall be made containing the names of all the Justices there present and the number of dayes they sit and one of them delivered to the Sheriffe out of which he is to answer the Justices their wages by indenture according to which the Sheriffe shall be again allowed the wages in the Exchequer upon his accompt But no Duke Earle Baron or Baronet although he be Justice of Peace and hold Sess with the other eight shall have any wages allowed him XIX Stat. 17. R. 2.10 In every Commission of Peace two men of Law of the same County shall be assigned to goe and proceed to the deliverance of Theeves and Felons XX. Stat. 2. H. 5.4 Justices of the Peace in every Shire named of the Quorum shall be resiant within the same Shire except Lords Judges Serjeants at law the Kings Atturney and shall keep their Sessions sour times in the year viz. in the first week after Michaelmas Epiphany Easter and the translation of Saint Thomas being the third of July and more often if need require XXI Stat. 11 H. 6.6 No suit before Justices of P. shall be discontinued by a new Commission of Peace XXII Stat. 14. H. 6.4 Just of Peace in Middlesex are not compellable to keep their Sess above twice in the yeare notwithstanding the stat of 12. R. 2.10 Yet may they keep them oftner if need be at their discretions XXIII Stat. 18. H. 6.11 None except men learned in the Law or inhabiting Corporations shall be Justices of Peace unlesse their lands be worth xx l. per Annum XXIV If any be put into the Commission not having lands of that value and doe not within one moneth after his notice thereof acquaint the Lord Chancellor therewith or doe make warrant by force of such Commission he shall forfeit to the King xx l. to be divided betwixt the King and the prosecutor XXV Stat. 3. H. 7.1 Justices of P. have power to impannell an Enquest to inquire of the concealements of a former Enquest and to Assesse in open Sessions the Amerciaments of the first Enquest at their discretions XXVI Just of P. shall at the next generall Sess certifie recognisances taken for keeping of the Peace where if the party being called do not appear those Recognisances shall be certified into the Chancery Kings Bench or Exchequer XXVII Stat. 33. H. 8.10 37. H. 7. All Just of P. shall at their generall Sess endeavour amongst themselves to understand the meaning and intents of all statutes which concern vagabonds Retayners giving Liveries Signes Tokens or Badges maintenance embracery Bowstaves and Archery unlawfull games Forestallers and Regrators victuall victuallers and inholders and of all other statutes made in this present Parliament and shall then also advise amongst themselves how the same may be best put in due Execution XXVIII All processe and proceedings shall be continued from Sess to Sess And the said Justices shall in Sess have power to enquire hear and determine the breach of the said statutes as well by verdict as by any other information or Confession of the party and to make processe by Venire facias Capias Exigent under the Seal of the same Justices or two of them and also to reform panels of Jurous according to which the Sheriffe shall make his Return upon the paine limited by the Stat. of 3. H. 8.12 XXIX Stat. 1. E. 6.7 Preferment of a Justice or Commissioner to a higher dignity as to be a Duke Archbishop Marques Earle Vicount Baron Bishop Knight Judge Serjeat at Law or Sheriff shall not diminish his power 31. XXX No Suit before any Justices or Commissioners shall be discontinued by a new Commission or by the alteration of any of their names XXXI Stat. 1. M. 8. None shall be Justice of Peace during his Shrevalty notwithstanding the statute of 1. E. 6.7 XXXII Stat. 2.3 P. M. 18. A new Commission of the Peace or G. D. for the whole County shall not be a Supersedeas to a former like Commission granted to a City or towne Corporate there being no Countie XXXIII Stat. 1. E. 1. 7. Jac. 6. Every Justice of Peace ought to take the oaths of Supremacy and obedience which see in Recusants 8.88 Kidder S. Badger Kings Bench S. Poore People 15. Labourers Artificers Servants Apprentices I. STat. 21. H. 8.7 Servants that go away with or otherwise imbezill their Masters or Mistresses goods to the value of xl s. worth with an intent to steale them being put in trust therewith shall be punished as Felons II. This Act shall not extend to Apprentices nor servants under the age of eighteene years III. Stat. 2.3 E. 6.15 Artificers workmen
said Stat. of 23. El. or death no forfeiture shall insue save onely the arrerages due at the time of such submission or death XLIX The Lord Treasurer Chancellor and chiefe Baron or any two of them shall assigne a third part of the forfeitures of 20. l. a month for the reliefe and maintenance of the poore houses of Correction and maymed souldiers L. This Act shall not extend to Grants Bona side nor to continue any seisure after the death of the offender in such lands wherein he had only an estate for life or in the right of his wife LI Stat 33. El. 1. If any above sixteen yeeres of age shall be convicted to have without any just cause absented themselves above a month from Church impugne the Queenes authority in causes Ecclesiasticall or frequented Conventicles or perswaded others so to do under pretence of exercise of Religion they shall be committed to prison and there remaine till they shall conforme themselves and make such open submission as hereafter shall be prescribed And it within three months after such conviction they refuse to conforme and submit themselves being thereunto required by a Just of P. they shall in open Ass or Sess abjure the Realme and if such abjuration happen to be before Just of P. in Sess they shall make certificate thereof at the next Ass or Gaole delivery LII If such an offender refuse to abjure or go away accordingly or do returne without the Queens licence he shall be adjudged a felon and shall not enjoy the benefit of Clergy but if before he be required to abjure he make his submission the penalties aforesaid shall not be inflicted upon him LIII The forme of the submission is as followeth 1 A. B. do humbly confesse and acknowledge that I have grievously offended God in contemning ber Majesties godly and lawfull Government and authority by absenting my selfe from Church and from hearing Divine Service contrary to the godly Statuies and Lawes of this Realme and in using and frequenting disordred and unlawfull Conventicles and Assemblies under pretence of exercise of Religion And I am heartily sorry for the same and do acknowledge and testifie in my conscience that no other person hath or ought to have any power or authority over her Majesty And I do promise and protest without any dissimulation or any clour or meanes of any dispensation that from henceforth I will from time to time obey and performe her Majesties Laws and Statutes in repairing to the Church and hearing Divine Service and do my uttermost endeavour to maintaine and defend the same LIV. The Minister of the Parish where the submission is made shall presently enter the same in a Book and within ten dayes after certifie it to the Bishop of the Diocesse LV. The offender that after such submission falleth into a relapse shall take no benefit thereby LVI The forfeitures of this Act and of 23. El. 1. may be recovered by Action of debt LVII The third part of the penalties which accrue by this Act shall be bestowed as those of 29. El. 6. LVIII A Feme Covert shall not be compelled to abjure but any other offender that abjures or being required refuseth so to do shall forfeit all his goods and his lands during life howbeit here shall be no corruption of blood losse of Dower or disherison of heire LVIX Stat. 35. El. 2. Recusants above sixteen yeares of age shall within forty dayes after their conviction repaire to their usuall dwelling and not remove above five miles from thence in paine to forfeit all their goods and their lands and annuities during life And if they have no certain abode then are they to repaire to the place where they were borne or where their father or mother dwels and within twenty dayes after their arrivall there to give their names in writing to the Minister Const and H. B. which Minister is to enter them in a Book to be kept for that purpose and he together with the said Const and Head Boroughs is to certifie the same to the next Qu. Sess where the Just of Peace shall cause them to be enrolled LX. A Copyholder also shall in this case forfeit his estate during life if his estate continue so long to the Lord of the Mannor if he be no Recusant convict nor seised or possessed in trust to the use of a Recusant for then the Queene shall have the forfeiture LXI A Popish Recusant being no Feme Covert nor having lands worth 20. Marks per annum or goods worth 40. l. which within the time above limited doth not repaire to the place of his abode or doth depart above five miles thence or within three months after his arrivall there doth not make the submission hereafter following being required so to do by the Bishop a Just of P. or the Minister there shall before two Justices of the Peace or the Coroner abjure the Kingdome which abjuration shall be by the said Justices or Coroner certified in at the next Assises or G. D. LXII If such Popish Recusant depart not the Realme within the time limited by the said Justices or Coroner or returne without the Queens licence he shall be adjudged a felon without Clergy LXIII A Jesuit or Priest refusing to answer shall be committed to prison and there remaine till he will answer the questions whereupon he was before examined LXIV This Act shall not restraine a Recusant urged by Processe or summons without fraud to travell without the abovesaid limits so he returne againe in convenient time neither him that is compelled to render his body to the Sheriffe LXV If such an offender before conviction upon a Sunday or some Festivall day repaire to Church and there heare Divine Service and before the Gospell make the confession following he shall be discharged of the penalties inflected by this Act. LXVI The confession is this 1. A. B. do humbly confesse and acknowledge that I have grievously offended God in contemning her Majesiies godly and lawfull government and Authority by absenting my selfe from Church and from hearing Divine Service contrary to the godly Laws and Statutes of this Realme and I am heartily sorry for the same and do acknowledge and testifie in my conscience that the Bishop and See of Rome hath not nor ought to have any power or authority over her Majesty or within any of her Majesties Realmes or Dominions And I do promise and protest without any dissimulation or any colour or meanes of any Dispensation that from henceforth I will from time to time obey and performe her Majesties Laws and Statutes in repairing to the Church and hearing Divine Service and do my uttermost endeavour to maintains and defend the same LXVII The Minister of the Parish where such submission is made shall presently enter the same in a book and within ten dayes after certofie it to the Bishop of the Diocesse LXVIII The offender that after such submission falleth into a relapse shall take no benefit thereby
such book to be divided into three parts and imployed as aforesaid CXXIV Two Justices of Peace and all Maiors Bailiffes and head Officers have power to search the houses and lodgings of Popish Recusants convict and of every person whose wife is a Popish Recusant convict for Popish books and reliques and to burn or deface such as they shall finde in their custodie but such as are of value shall be defaced in open Sess and afterwards restored to the owner CXXV All the Armour Gunpowder and Munition of a Popish Recusant convict shall be taken from him by warrant from foure Justices of Peace at the generall Sess other then such weapons as shall be allowed unto him by the same Justices which said Armour and Munition shall be kept at the costs of such Recusant in such places where the said Justices shall appoint and shewed at every Muster as his armes together with his horse which hee shall buy provide and maintain for that purpose according to his ability as other subjects do And here the Recusant that refuseth to declare what armour or munition he hath or to deliver it to such persons as shall have power to sease it shall forfeit the same to the King and besides shall upon warrant from any Just of Peace of that County be imprisoned by the space of three moneths without baile CXXVI This Act shall not abridge Ecclesiasticall censures CXXVII Stat. 7. Ja. 6. Who shall take the oath of Obedience by whom it shall be ministred and within what time CXXVIII It shall be lawfull for any of the privie Councell or any Bishop within his Diocesse to require a Baron or Baronesse of eighteen yeers of age or above to take the said Oath And likewise for any two Justices of Peace one Quorum to require any person of the age aforesaid or above and under the degrees aforesaid to take the same Oath CXXIX If any Baron or Baronesse stand presented indicted or convicted for Recusancy three of the privie Councell whereof the Chancellor Treasurer Lord privie Seal or principall Secretary shall be one shall minister unto them the said Oath But if it be any other convicted person under those degrees or if the Minister petty Constables and Church-wardens of any parish or any two of them shall complain to any Justice of Peace of any person suspected for Recusancy then any such Justice may in either of these cases minister the said Oath and upon refusall shall commit the party to prison there to remain till the next Ass or Sess where if he again refuse to take it hee shall incurre a Praemunire except women covert who shall only be imprisoned and there remain without baile till they shall take the said Oath CXXX None refusing the said Oath shall be capable of any office of Judicature or other office being no office of inheritance or ministeriall function or to practise the common Law the civill Law Physick Surgery the art of Apothecary or any liberall science for gain CXXXI If a married woman being a convicted Recusant doe not conform within three moneths after conviction she shall be committed to prison by a privie Councellor or the Bishop of the Diocesse if she be a Baronesse but if any other of a lower degree then shall she be committed by two Justices of P. one Quorum and there shall remain till she conforme as aforesaid unlesse the husband for his wives offence will pay unto the King x. l. for every moneth or yeeld the third part of all his lands at the choice of the said husband CXXXII None shall goe himselfe or send any person whatsoever beyond sea to be trained up in Popery or any maintenance or reliefe to the party so sent or to any School or Religious house there in paine after conviction thereof to be adjudged unable to prosecute any suite in any Court of equity to be committee of any Ward executor or administrator to be uncapable of any legacy or deed of gift or of bearing Office within this Realme and besides to forfeit all his goods and chattels and his lands also during life But if hee conforme within six weeks after his return according to the Statutes in that case provided he shall not incurre the penalties aforesaid CXXXIII These offences shall be heard and determined by the Justices of the Kings Bench Assise Gaol delivery and Oyer and Termin of such Counties where the offenders did last dwell or whence they departed or where they shall be taken See Actions popular 18. Regrators See Forestallers Victuall 2. Riots Routs and unlawfull Assemblies I. Stat. 17. R. 2.8 The Sherisses and all other the Kings Officers shall supprese Riotors and imprison them and all other offending against the peace II. Stat. 13. H. 4.7 The Justices of Peace or two of them at least together with the Sheriffe or under-Sheriffe shall by the power of the County suppresse Riots Routs and unlawfull assemblies arrest the offenders and record what shall be done By which record of the said Justices and Sheriffe or under-Sheriffe the offenders shall stand convict as by the Stat. of 15. R. 2.2 in case of forcible Entries And if the offenders be departed the said Justices and Sheriffe or under-Sheriffe shall within a moneth after make enquiry thereof and heare and determine the same according to law See Force 2. III. If upon such inquiry the truth cannot be discovered in manner aforesaid then shall the said Officers within one moneth after such inquiry certifie the fact together with the circumstances thereof unto the King and his Councell which certificate of theirs shall be in the nature of a presentment by twelve whereupon the offenders shall be brought to answer and those that be found guilty shall be punished at the discretion of the King and his Councell IV. If the offenders traverse the said certificate then that together with the traverse shall be sent into the Kings Bench there to be tried V. If the Offencers upon the first precept do not appear before the Councell or in the Kings Bench a second precept shall issue forth upon which if they cannot be found or if within three weeks after Proclamation made agaist them in the next County Court after the delivery of the second precept they doe not make their appearance before the Councell in the Kings Bench or in the Chancery in vacation time upon returne of the said Proclamation they shall stand convict and attainted of the offence committed VI. Justices of Peace dwelling neerest the place where such offences shall be committed and Justices of Assise for the time they shall be in their Session in case any be then committed shall doe execution of this act in pain of 100. l. VII Stat. 2. H. 5.8 If default be found in the Justices of Peace or Assise or in the Sheriffe or under-Sheriffe touching the due execution of 23. H. 4.7 at the instance of the party grieved the Kings Commission shall go out to inquire as well of the truth
fingula praemissa secundum leges statuta Regni nostri Angliae prout in hujusmodi casu fieri consuevit aut debuit audiendum terminandum ad eosdem delinquentes quemlibet eorum pro delictis suis per fines redemptiones amerciamenta forisfacturas ac alio modo prout secundum legem consuetudinem Regni nostri Angliae aut formam ordinationum vel statutorum praedictorum fieri consuevit aut debuit castigandum puniendum Proviso semper quod si casus difficultatis super determinatione aliquorum praemissorum coram vobis vel aliquibus duobus vel pluribus vestrum evenire contigerit tunc ad judicium inde reddendum nisi in praesentia unius Justiciariorum nostrorum de uno vel de altero Banco aut unius Justiciariorum nostrorum ad Assisas in Comitatu praedicto capiendas assignatorum coram vobis vel aliquibus duobus vel pluribus vestrum minime procedatur Et ideo vobis cuilibet vestrum mandamus quod circa custodiam pacis ordinationum statutorum omnium singulorum caeterorum praemissorum disigenter intendatis ad certos dies loca quae vos vel aliqui hujusmodi duo vel plures vestrum ut praedictum est ad hoc provideritis super praemissis faciatis inquisitiones praemissa omnia singula audiatis terminetis ac ea faciatis expleatis in forma praedicta facturi inde quod ad justiciam pertinet secundum legem consuetudinem Regni nostri Angliae Salvis nobis ametciamentis aliis ad nos inde spectantibus Mandamus etiam tenore praesentium Vicecomiti nostro B. quod ad certos dies loca quae vos vel aliqui hujusmodi duo vel plures vestrum ut praedictum est ei ut praedictum est scire feceritis venire faciat coram vobis vel hujusmodi duobus vel pluribus vestrum ut dictum est tot tales probos legales homines de Balliva sua tam infra libertates quam extra per quos rei veritas in praemissis melius sciri poterit inquiri Assignavimus denique te praefatum I. C. custodem Rotulorum pacis nostrae in dicto Comitatu nostro Ac propterea tu ad dies loca praedicta brevia praecepta processus indictamenta praedicta coram te dictis sociis tuis venire facias ut ea inspiciantur debito fine terminentur sicut praedictum est In cujus rei testimonium c. Datum c. As concerning the Oath of Office Justices of Peace were at first enjoyned to take it by the Statute of 13. R. 2.7 which Statute you may hereafter see in Title Justices of Peace Clause 16. And afterwards by the Statutes of 1. Eliz 1. and 7. Jac. 6. they were also ordained to take the Oathes of Supremacie and Obedience which Oathes you shall also hereafter finde in Title Recusants 8 and 88. The Oath of Office is this that followes Yee shall sweare That as Justice of the Peace in the County of B. in all articles in the Kings Commission to you directed yee shall doe equall right to the poore and to the rich after your cunning wit and power and after the lawes and customes of the Realme and statutes thereof made And yee shall not be of counsell of any quarrell hanging before you And that yee hold your Sessions after the forme of Statutes thereof made And the issues fines and amerciaments that shall happen to be made and all forfeitures which shall fall before you yee shall cause to be entred without any concealment or imbezzelling and truely send them to the Kings Exchequer Yee shall not let for gift or other cause but well and truely you shall doe your Office of Justice of the Peace in that behalfe And that you take nothing for your Office of Justice of the Peace to be done but of the King and fees accustomed and costs limited by the Statute And yee shall not direct or cause to be directed any Warrant by you to be made to the parties but ye shall direct them to the Bailiffes of the said County or other the Kings Officers or ministers or other indifferent persons to doe execution thereof So help you God Lastly for conclusion of this Preface I conceive it not impertinent to annex thereunto the substance of two Statutes necessary to be knowne by every Iustice of Peace before he enters upon his Office the first is 2. H. 5. Stat. 2. Cap. 1. which provides That Justices of Peace shall be made of the most sufficient persons dwelling within the Counties by the advice of the Chancellour and of the Kings Counsell and that no forraine dweller shall exercise such Office except Lords Justices of Assise and chiefe Stewards of the lands and Seigniories belonging to the Duchie of Lancaster And concerning their residence in the Country see more hereafter in Title Justices of Peace 20. The other Statute is 4. H. 7. cap. 12. whereby the King commandeth all Justices of Peace diligently to exercise their Office to the end that his people by that meanes living in peace and enjoying their owne husbandry may flourish Hee also chargeth all both poore and rich that shall suffer any grievance from others wherein a Justice of Peace may intermeddle that they forthwith make complaint thereof to the next Justice of Peace and having no remedie there to the Justices of Assise if it be not long before their coming into that Country but if it be then to the Chancellour for the time being and then the King will send for the Justice so neglecting his duty and in case he shall find him guilty thereof will cause him to be put out of the Commission and otherwise punished according to his demerits c. An Alphabeticall Table by the perusall whereof the Reader may the better acquaint himselfe with the Titles contained in this Book A ABjuration 1 Actions popular 1 Ale-houses 4 Aliens 10 Almes-houses 10 Archery 10 Apprentices 12 Armour 12 Arrests 12 Arrow heads 13 Artificers 13 Assise of Ale and Beer 13 Attainders 13 B Badger 13 Bailiffes 14 Bailinent 15 Bakers 17 Barges 17 Bastardie 17 Beer 18 Bell-metall 18 Benhurst hundred 18 Bigamie 18 Boat-men 18 Books 21 Bowes 23 Brasse 23 Bridges 25 Brewers 26 Buggery 27 Burglary 27 Burning of houses c. 28 Butchers 29 Butter 29 Buts 30 Buying of Tiles 30 C Calves 30 Captains 30 Carre-men 41 Carrier 41 Cattle 41 Certificate 44 Cerciorari 44 Challenge 45 Champertie 45 Cheese 45 Citation 45 Clergie 45 Clerk of the Peace 48 Clerk of the Crowne 48 Clerk of Assise 48 Clerk of the Market 48 Cloth 48 Coine 48 Commons 48 Commissions 48 Conies 49 Conjuration 49 Conspiracie 49 Conspirators 49 Convictions 49 Cooks 49 Copper 49 Corn 49 Coroners 51 Costermongers 52 Cottages 52 Covin 53 Counterfeit letters c. 53 Counterfeiters of the Ks. seal or coin 53 Coupers 53 Crosse-bowes 54 Currier 54 Cursing 54 Custome
Customers 54 Cutpurse 54 Cutting out of tongues c. 54 Cutting of a pond head 54 D Deeds 55 Deer 55 Divine Service 55 Dying Dyers 55 Drapery 55 Drover 59 Drunkennesse 59 E Ecclesiasticall Court 60 Egyptians 61 Embracery 62 Endictments 62 Enquests 62 Escapes 62 Escheators 62 Estreats 63 Excommunicate persons 64 Extortion 64 F Faires 64 Fasting-dayes 64 Feasants 64 Felonie 65 Felons goods 67 Fighting and quarrelling 67 Fish fishers fishing 68 Fish dayes 73 Fishmongers 75 Force forcible entry 75 Forrests 77 Forestallers 77 Franchises 80 Fruiterers 80 Fuell 80 G Games 81 Gaole Gaolers 81 Gold Gold-smiths 81 Grain 82 Green wax 82 Guns 82 Gunners 85 H Habeas corpus 85 Hares 85 Hats 85 Hawkes 85 Herring 92 High-wayes 92 Holidayes 97 Horse bread 98 Horses 98 Hospitals 103 Hostlers 102 Houses of Correction 103 Huy and Crie 103 Hunters Hunting 105 I Jesuits 108 Images 108 Imbezelling of a Record 108 Imbracery 108 Indictments 108 Informations 109 Ingrossers 110 Inholders 110 Inmates 111 Inquests 111 Inrolements 111 Inventories 111 Jurors 112 Justices of Peace 113 K Kidder 119 Kings Bench 119 L Labourers 119 Lader 132 Larcenie 132 Latten 132 Leather 133 Letters of Administration 144 Liberties 144 M Mainprise 145 Maintenance 145 Malt 150 Marches 148 Mariners 149 Markets 149 Marshals of the Kings Bench 149 Marshalsie 149 Marshes 149 Masons 149 Matrimony 149 Measures 152 Millers 152 Money 152 Mortuaries 153 Murder 154 N Newes 156 O Oatmeale 156 Oathes 156 Old field dike in the Isle of Ely 156 Ordinary 156 Outlawed persons 157 Outlawries 157 P Pannell 157 Pardon 157 Parks 158 Parliament 159 Partridges 160 Paving 160 Penall Statutes 160 Perjurie 160 Petty Treason 162 Pewter 162 Physicians 162 Pillory 163 Plague 163 Playes 165 Ponds 167 Poor people 167 Poulters 172 Powdike in Norfolke 172 Poysoning 172 Presentments 172 Priests 172 Prisons Prisoners 173 Probat of Wils 175 Processe 175 Prophecies 175 Purveyors 176 Putting out of eies 188 Q Quarrelling 188 Quarter Sessions 188 R Rape Ravishment 188 Record 190 Recusants 190 Regrators 224 Riots 224 Robbery 229 Rogues 229 Rome 230 S Sacraments 230 Sacriledge 237 School-masters 237 Scotland 237 Seminary Priests 237 Servants 237 Service divine 237 Sewer 237 Sheep 238 Sheriffes 238 Shipwrights 243 Shoomaker 243 Silver 243 Skinners 243 Souldiers 243 Stabbing 244 Stewards of Lects 244 Strangers 244 Supersedeas 244 Sundayes 245 Swans 245 Swearing 245 T Tanner 246 Testimoniall 246 Tiles 246 Tinne 247 Tithes 248 Toll 248 Transportation 248 Treason 249 Trespasse 249 V Vagabonds 250 Victuall Victuallers 259 Vintners 261 Under-Sheriffe 262 Usury 262 W Wages 264 Wagoner 264 Wainman 264 Wales 264 Warrens 265 Watches 265 Watermen 266 Wax 266 Weares 266 Weights 266 Wild fowle 283 Wines 283 Witchcraft 285 Witnesse 286 Wood 286 Wooll 286 Writs 286 FINIS ERRATA Page 40. line 7. read 33. and l. 33. r. 39. p. 52. l. 5 6. r. land being free-hold and inheritance p. 56. l. 4. r. 39. El. p. 69. l. 10. r. conservators of the Statutes p. 70. l. 32. r. former pag. 88. l. 26. r. Stewards in Leets p. 103. l. 6. r. felons p. 105. l. ult r. before himselfe p. 116. l. 12. r. Banneret p. 120. l. 5. r. within like time shall p. 150. l. 11. r. of this Statute l. 12. r. after it p. 152. l. 22. r. from the King p. 163. l. 19. r. of them p. 167. l. 21. r. by two p. 225. l. 33. r. 13. H. 4. p. 236. l. 32. r. 26. p. 238. l. 20. r. by the. p. 252. l. 28. r. as shall be assigned by six or more of the privie Councell whereof the Lord Keeper c. STATUTA PACIS Or A perfect Table of all the Statutes now in force which any way concern the Office of a Justice of Peace Abjuration see Title Bailment 1. Hunters 1. Recusants 51 52 58 61 62 69. and Weights 18. Actions popular and Informations I. STat 4. H. 7. cap. 20. Recovery in an action popular by Covin shall be no bar of an action sued for the same thing bona fide II. Here the defendant attainted of collusion shall suffer two yeers imprisonment to be prosecuted within one yeer III. No release of a common person shall in this case discharge an action popular IV. Yet no collusion is in this case averrable where the point of the same action or the collusion it self hath been tried by verdict V. Stat. 18. El. 5. An Informer shall exhibite his suit in proper person and pursue it by himself or by his Atturney in Court and that by way of information or originall action and shall have no deputie and all this in pain of 10. l. and the pillory VI. A note of the time of exhibiting the Information shall be truly taken and from thenceforth it shall be accounted to be of record before which time no processe shall issue out upon it VII The Clerk that makes out the processe shall endorse the Informers name and also the statute upon which the information is grounded in pain of xl s. VIII No Jury shall appear at Westminster for a tryall upon any penall law when the offence was committed above 30. miles from Westminster except the Atturney generall for some reasonable cause require the same Clause 17 18. IX No Informer shall compound with any defendant before answer nor then but by consent of Court in pain of 10. l. and the pillory X. Where the Informer delaies or discontinues his suit or otherwise is non-suit or overthrown the Court shall assigne costs to the defendant to be immediatly levied by execution issuing out of the same Court XI Justices of Oyer and Terminer Just of Ass and Just of Peace in their Sessions have power to hear and determine these offences XII This Act shall not restraine Actions brought for maintenance Champerty buying of Titles or Imbracerie nor any certaine person or body politique to whom any forfeiture or penaltie is especially limited nor certaine officers which have lawfully used to exhibite Informations 15. and 18. XIII Stat. 31. El. 5. Informers heretofore restrained by order of any Court shall not pursue Actions popular XIV In popular Actions the offence shall be layed to be done in the Countie where indeed it was done or otherwise if the defendant traverse and disprove that point the plaintiffe shall be barred 18. XV. This Act doth not restraine officers which have lawfully used to exhibite informations nor Actions brought for Champertie buying of Titles extortion offences against the stat of 1. El. 11. concerning the light landing of Marchandize and custome of sweet wines concealing of Customes c. corrupt Usury Forestalling Regrating or Ingrossing when the penaltie shall amount to 20. l. or above For in all these cases the offence may be laid in any County 18. XVI Popular Actions where the King only hath the forfeiture shall bee commenced within two yeares where he hath onely a part and the Informer the rest within one yeare and in this last case upon
LXIX Every married woman shall be bound by this Act save only by the clause of Abjuration LXX Stat. 1. Jac. 4. All the aforesaid Statutes made in the time of Queene Eliz. shall be duely put in execution against all such as do not conforme themselves as aforesaid LXXI Where the Ancestor dies a Recusant the heire being none or conforming himselfe and taking the Oath of Supremacy before the Archbishop or Bishop of the Diocesse the lands shall be freed from all penalties LXXII If an heire within age after he shall have accomplished the age of 16. years doth still continue a Recusant his lands shall not be freed untill he do conforme and take the Oath of Supremacy as aforesaid LXXIII A third part of every Recusants lands shall remaine cleere unto him from seisure or extent and the other two parts shall remaine in the Kings hands both before and after the Recusants death untill the King shall be fully satisfied all the arrerages for the 20. l. a month according to 23. El. 1. LXXIV None shall send any child or other person under their government beyond the Seas to be instructed in the Popish Religion in paine of 100. l. and they which are so sent shall be incapable as to themselves only of any grant or Inheritance due unto them or to others for their use LXXV Ifa woman or child under the age of 21. yeares be suffered to passe the Seas without the licence of the King or of six of the Privy Councell under their hands except Saylors Ship-boyes or Merchants Factors or Apprentices the Officers of the Port shall forfeit their Offices and all their goods the Owner of the Ship his Ship and Tackle and the Master of the Ship all his goods and besides shall suffer a yeares imprisonment without Baile 119. LXXVI None out of the Universities shal keep Schoole except a Free Schoole or in some persons house that is no Recusant or by licence of the Bishop or Ordinary in paine to forfeit 40. s. a day LXXVII The forfeitures of this Act shall be divided bewixt the King and the Prosecutor LXXVIII Stat. 3. Jac. 4. A Recusant that conformes shall within one yeare after and so once every yeare at least receive the blessed Sacrament in paine to forfeit for the first yeare 20. l. for the second 40. l. and for every default after 60. l. and if after he hath received it he make default therein by the space of a whole yeare he shall forfeit 60. l. LXXIX These forfeitures may be recovered before Just of P. in Sess or in any other Court of record and are to be divided betwixt the King and the prosecuter LXXX The Church-wardens and Constables of every Parish or one of them or if there be none such then the High Constable of the Hundred there shall present once every yeer at the Generall Sessions of Peace the monethly absence from Church of every Popish Recusant and their children being above the age of nine yeers and their servants together with the age of their children as neer as they can know them in pain to forfeit respectively for every such default 20. s. which presentment the Clerk of the Peace or Town Clerk shall record without fee in pain of 40. s. LXXXI If upon such presentment being the first the Recusant be convicted the Officer that presents him shall have 40. s. to be levied by warrant upon the Recusants goods and estate as the more part of the Justices of Peace shall think fit LXXXII Just of Ass G. D. and P. have power to heare determin of all Recusants offences as well for not receiving the Sacrament according to this Act as also for not coming to Church according to former laws And likewise to make proclamation that they shall render themselves to the Sheriffe or Bailiffe of the Liberty where they are before the next Ass G. D. or Sess respectively which if they do not that default being recorded shall be taken for as sufficient a conviction of them as a tryall by verdict LXXXIII Every offender not repairing to Church as aforesaid after their first conviction shall pay into the Exchequer in such of the Terms of Easter and Michaelmas as shall happen next after such conviction the summe then due for the forfeiture of 20. l. a moneth and yeerly after that in the same Terms according to the rate of 20. l. a moneth except where the King shall be pleased to take two third parts of their lands and leases in lieu thereof or that they conform themselves and come to Church LXXXIV Every conviction shall before the end of the Term next following be certified into the Exchequer in such convenient certainty that the Court may thereupon award Processe for the seisure of all the offenders goods and two parts of his lands and leases in case the 20. l. a moneth be not paid as aforesaid LXXXV The King may refuse 20. l. a moneth and take two third parts of the Recusants lands and leases but here he shall not include the Recusants Mansion house nor demise his two parts to a Recusant or to any other for a Recusants use And the Kings lessee for his two parts shall give such security against committing of waste as by the Court of Exchequer shall be thought sufficient LXXXVI It shall be lawfull for the Bishop of the Dioccsses or two Justices of P. one Quorum out of Sess to tender the Oath hereafter following to any person eighteen yeers old or above except noble men and noble women which stands convicted or indicted of Recusancy hath not received the Sacrament twice in the yeer next before or passing thorow the Countrey and examined upon oath confesseth or at least denyeth not that he or she is a Recusant or that he or shee hath not received the Sacrament twice in the yeer next before which Bishop or Justices shall certifie the name and dwelling of the person so taking the same Oath at the next generall Sess where the Clerk of the P. or Town Clerk shall record them LXXXVII If the parties refuse to answer upon oath or to take the Oath aforesaid tendered unto them the Bishop or Justices aforesaid shall bind them over to the next Ass or Sess where if they again refuse it they shall incurre a Praemunire except women covert who in that case shall only suffer imprisonment till they take it LXXXVIII The tenour of the Oath is as followeth 1 A. B. doe truly and sincerely acknowledge professe testifie and deelare in my conscience before God and the world That our Soveraigne Lord King James is lawfull and rightfull King of this Realme and of all other his Majesties Dominions and Countries And That the Pope neither of himselfe nor by any authority of the Church or See of Rome or by any other meanes with any other hath any power or authority to depose the King or to dispose of any of his Majeslies Kingdomes or Dominions or to authorize any forrain
he may plead the Generall Issue and yet give speciall matter in evidence CIV This Act shall not abridge the Jurisdiction of Ecclesiasticall Censures CV None shall be punished for his wives offence neither shall any married woman be chargeable with any penalty or forfeiture by force of this Act. CVI. Six of the Privy Councell whereof the Lord Chancellor Lord Treasurer or Principall Secretary shall be one have power to minister the Oaths abovesaid to Noblemen being 18. yeares old and to Noblewomen also of like age and unmarried who shall take the same Oaths accordingly in paine to incurre a Praemunire Vide infra 128. CVII The Warden of the Cinque Ports or some authorized by him shall take the bond and minister the Oath aforesaid where any person passeth beyond Sea out of them of any of their members CVIII Stat 3. Jac. 5. The person that within three dayes notice shall discover to a Just of P. any that entertaines a Popish Priest or any which have heard or said Masse shall have a thrid part of the forfeiture due for the same offences if the whole exceed not 150. l. and then onely 50. l. thereof to be delivered unto him by the Sheriffe or other Officer which shall have power to levie the same CIX No convicted Recusant shall come into the Court without command from the King or warrant from the Privy Councell under their hands in paine of 100. l. to be divided betwixt the King and the Discoverer CX A Popish Recusant convicted or indicted or any person not coming to Church by the space of 3. months together which remains in London or within ten miles distance thereof shall within ten dayes after such conviction or Indictment depart from thence and also shall deliver their names in London to the Lord Maior there and in the Country to the next Just of P. in pain of 100. l. to be divided betwixt the King and the prosecutor Howbeit this clause shall not extend to Tradesmen or such as have no other habitation then in London or within ten miles distance as aforesaid CXI It shall be lawfull for a Recusant to go about his necessary occasions as farre as a license obtained from the King or from three of the Privy Councell under their hands or foure of the next Justices of Peace under their hands and seales with the assent in writing of the Bishop Lieutenant or any deputy Lieutenant of the same County shall give him leave notwithstanding the Statute of 35. El. 2. which lecence shall not be granted by the said Justices till the party hath made oath of the true reason of his journey and that he will make no causelesse stayes CXII No convicted Recusant shall practise the Common Law Civill Law Physick or Art of Apothecary or be an Officer of or in any Court or beare any Office amongst souldiers or in a Ship Castle or Fortresse in paine of 100. l. to be divided betwixt the King and the prosecutor 130. CXIII No Popish Recusant convict or whose wife is a Recusant convict shall exercise any publique Office in the Common-wealth by himselfe or his deputy unlesse he bring up his children in the true Religion together with his children servants repaire to the Church and receive the Sacrament at such times as by the Law are limited 130. CXIV A married woman being a Popish Recusant convict her husband being none that doth not conforme her selfe as aforesaid by the space of one whole yeare before her husbands death shall forfeit two third parts of her Dower or Joynture and shall be incapable of being Executrix or Administratrix to her husband and of enjoying any part of her husbands goods CXV A Popish Recusant after conviction shall be reputed to all intents as a person excommunicate untill he shall conforme go to Church receive the Sacrament and take the Oath of obedience ordained by 3. Jac. 4. Howbeit he may sue for his interest in lands not seised into the Kings hands CXVI A Popish Recusant convict which is married otherwise then in open Church and by a lawfull Minister according to the Orders of the Church of England shall not be tenant by the Counrtesie And a woman in this case shall be disabled to enjoy her Dower Joynture Widowes estate or any of her husbands goods And where the man cannot be tenant by the Courtesie he shall forfeit 100. l. to be divided betwixt the King and the prosecutor CXVII Every Popish Recusant shall within one moneth after the birth of his child cause it to be baptized by a lawfull Minister in pain to forfeit 100. l. if he out-live the moneth if not then his wife is to pay the same forfeiture which shall be divided into there parts whereof the King shall have one the prosecutor another and the poor of the parish the third CXVIII Every Popish Recusant shall be buried in the Church of Church-yard and according to the Ecclesiasticall lawes of this Realm in pain that his executor or administrator or the party that caused him to be otherwise buried shall forfeit 20. l. to be divided into three parts and disposed as aforesaid CXIX A child being no Souldier Mariner Merchant or Apprentice or Factor to a Merchant shall not be sent or go beyond sea without the licence of the King or of six of the privie Councell whereof the principall Secretary shall be one in pain to be thereby incapable to enjoy any lands or goods by descent or grant untill being eighteen yeers of age or above he take the said oath of Obedience before some Justice of Peace of the County where his parents doe or did dwell And in the mean time the next of his kin being no Popish Recusant shall enjoy the lands and goods but shall be accountable to the other in case he after conform himself as aforesaid And he that so goes out of the kingdome without licence shall forfeit 100. l. to be divided and imployed as aforesaid CXX A Popish Recusant convict shall be disabled to present to a Benefice or to grant any avoydance of a Benefice but in stead of him the Chancellor and Scholers of the Universities of Oxford or Combridge shall present within severall Counties respectively for which see the Statute at large Howbeit they shall not conferre it upon a man already Beneficed CXXI A Popish Recusant shall not be an Executor Administrator or Guardian but the next of the kin being no Recusant and unto whom the land cannot lawfully descend shall have the wardship and tuition of an heir or orphan in that case CXXII A grant of the Kings Ward to a Popish Recusant convict shall be void CXXIII None shall bring from beyond sea print sell or buy any Popish Primers Ladies Psalters Manuals Rosaries Popish Catechismes Missals Breviaries Portals Legends or lives of saints in what language soever they shall be printed or written nor any other superstitious books printed or written in the English tongue in pain to forfeit xl s. for every
paid within six weeks as aforesaid shall suffer one whole yeers imprisonment and for the third offence shall forfeit all their goods and chattels and suffer imprisonment during life XXIV Every person shall resort to their parish Church or upon let thereof to some other every Sunday and Holiday upon paine to be punished by censures of the Church and also to forfeit xii d. to be levied by the Church-wardens there for the use of the poor upon the offenders goods by way of distresse See Recusants 98. XXV Justices of Oyer and Terminer and of Ass and Maiors and head Officers of Corporations have power to hear and determine these offences unto whom the Arch-Bish or Bishop of the Diocesse may associate himself if he please Howbeit note that by the Stat. of 23. El. 1. Justices of Peace have also power to meddle therein which see in Title Recusants 27. XXVI None shall be impeached by this Act unlesse the offence be presented at the next Sessions of Oyer and Terminer or Ass after it is committed and here tryall of a Peer shall be by Peers XXVI This Act shall not restrain Ecclesiasticall jurisdiction Howbeit none shall be punished twice for one offence Sacriledge See Clergie Schoole-masters See Recusants 26 67. Scotland See Corn 1. Horses 9 10. Seminary Priests S. Recusants Servants S. Labourers Service divine S. Sacraments Sewers I. Stat. 23. H. 8.5 Commissioners of Sewers before they can have power to execute their Commission shall take the Oath ordained by this Statute before the L. Chancellour or those whom he shall depute by Dedimus for that purpose or else before the Justices of P. in Sess II. The form of the Oath is this Yee shall sweare That you to your cunning wit and power shall truly and indifferently execute the authority to you given by this Commission of Sewers without any favour affection corruption dread or malice to be borne to any manner person or persons And as the case shall require you shall consent and endeavour your selfe for your part to the best of your knowledge and power to the making of such wholsome just equall and indifferent Laws and Ordinances as shall be made and devised by the most discreet and indifferent number of your fellowes being in Commission with you for the due redresse reformation and amendment of all and every such things as are contained and specified in the said Commission And the same Laws and Ordinances to your cunning wit and power cause to be put in due execution without savour meede dread malice or affection As God you help c. III. Stat. 13. El. 9. A Commission of Sewers shall continue in force ten yeares and the orders made by their Commissioners one yeare longer during which time of one yeare the Justices of Peace of that County or six of them 2. Qu. have power to execute such Commission and Orders as fully as the Commissioners themselves unlesse in the interim a new Commission be sent forth Sheep S. Cattell Sheriffes I. Magna Charta 9. H. 3.17 No Sheriffe Constable Escheator Coroner or any other our Bailiffes shall hold Pleas of our Crowne II. Stat. 1. H. 4.11 If a Sheriffe commit extortion and be thereof attainted he shall be punished for the same at the Kings will III. Stat. 23. H. 6.10 No Sheriffe shall let to farme his County or Bailiwicks neither shall he his under-Sheriffe or any other Bailiffe returne upon Enquests any Bailiffe Coroner Steward or any servant of theirs neither shall they take any thing for arresting or for omitting to arrest save onely the fees that follow viz. for the Sheriffe 20. d. for the Bailiffe that makes the arrest 4. d. and for the Gaoler when the party is committed 4. d. Neither shall any Sheriffe under-Sheriffe Sheriffes Clerk Steward or Bailiffe of Franchise Servant Bailiffe or Coroner take above 4. d. for the Copy of a Pannell IV. Sheriffes and other Officers shall let to Baile persons by them arrested upon reasonable Sureties having sufficient within the County persons in ward by Condemnation exemption Capias utlagatum or Excommunicatum surety of Peace or committed by command of the Justices and Vagabonds refusing to serve only excepted V. The said Officers shall take no bond of any arrested person but for appearance and to themselves onely and shall not take for it more then 4. d. and bonds otherwise taken colore officii shall be void VI. Sheriffes shall make Deputies in the Kings Courts at Westminster to receive Writs to be delivered unto them VII Sheriffes under-Sheriffes Clerks Bailiffes Gaolers Coroners Stewards Bailiffes of Franchises and all other Officers which do contrary to this Act shall forfeit for every such offence treble damages to the party grieved and besides 40. l. to be divided betwixt the King and the prosecutor VIII Justices of Assise of both the Benches and of Peace have power to heare and determine these offences IX If the Sheriffe returne a Cepi Corpus or Reddidit se he shall be chargeable to have the body of the party ready at the day of returne mentioned in the Writ X. The Warden of the Fleet or of the Gaole of the Kings Palace at Westminster shall not be prejudiced by this Ordinance XI Stat. 11. H. 7.15 No Sheriffe under-Sheriffe or Shire-Clerk shall enter in the County Court any Plaint in the absence of the Plaintife or his Attourney nor above one Plaint for one cause in paine of 40. s. to be divided betwixt the King and the prosecutor XII A Justice of Peace upon complain made hath power to examine the abovesaid Officers and Plaintife concerning the premisses and finding any of the same Officers guilty shall within three months after certifie that examination into the Exchequer in paine of 40. s. upon which examination the said Officers shall be convicted to pay the abovesaid forfeiture of 40. s. without farther inquiry XIII The Defendant in the County Court shall have lawfull summons and if the Bailiffe be therein found faulty he shall forfeit 40. s. And here also examination and certificate shal be made by a Justice of Peace as aforesaid XIV Before the Sheriffe issue forth any Estreats out of the County Court two Just of P. 1. Qu. shall view them and there being two parts of them indented and sealed by the said Justices and Sheriffe one of them shall remaine with the Justices and the other with the Sheriffe and here the Officer that collects them shall make oath before the said Justices to levy no more then what is contained in them in paine of 40. s. who may be convict of that offence by the examination of one Just of P. as aforesaid XV. The Justices of P. which are to have the controllement of the Sheriffe and his Estreats shall be named at Michaelmasse Sess by the Custos Rotulorum or in his absence by the eldest of the Quorum And the said Justices of P. upon information of the party grieved may make out like Processe against the