he shall be imprisoned without bayle till it be done 43 Eliz. 7. P. Trespass 2. 11. Every Constable and other officer that shall willingly make default in levying such money as they shall be commanded by the Warrants of any Mayor Justices of the Peace c. for the Relief of the poore infected with the Plague shall forfeit for every such oftence ten shilings to the use of the poore infected persons i Iac. 31 and P. Plague 3. 12. If any Constable or other inferiour Officer to whom it shall be given in charge by precept from any Justice of the peace within his Limits shall neglect the due correction of a Drunkard or the due levying of the penalties imposed upon such offenders where distress may be had he shal forfeit ten shillings to the use of the poor of the same Parish 4. Iac. 5. Poulton Drunkenness 2. 13. If any Ale-house-keeper shal be neglected by the Constables or Church wardens not doing their duty in levying of the penalties c. Or in default of distress shall not crucifie such default by the space of two dayes then next ensuing to the Justices within whose limits the offence shal be committed the Constables c. shall forfeit for every such default fourty shillings to the poor 1 Iac. 9. P. Ale-houses 8. 14. If constables and other head Officers shall not make due search Weekly or at the furthest once every month where unlawful Games be and execute the Statute in all things according to the purport of the same shal forfeite for every Month fourty sh 33 Hen. 8. and Poulton Players 6. 7. 8. See who shal have Forfeitures ibidem 15. If the Parson or Vicar of a Town or Parish not corporate together with the constables and Churchwarrdens collecters and Over-seers where any summe of money is or shal be given to be imployed for the binding out of poor children Apprentices or any of them shall forbear wilfully or refuse to imploy such money according to their Duties therein every of them so offending shall forfeit three pounds six shillings eight pence for every such offence the one halfe to the use of the poore and the other halfe to any that will sue 7 Iacobi 3. 19. If constables and church wardens or where there be none the chiefe Constables of the Hundred shal not once every year present the monthly absence from Church of Popish Recusants according to the Stat. of 3 Iac. 4. they shall forfeit for every default twenty shillings 3 Iac. 4. P. Recusants 41. 17. It that Constables do not see Wath duly set and kept from Sun setting till the Sun rising between Ascention day and Michaelmas day and make presentment to the Justices of the peace at their sessions of the default of watches and such as lodge Strangers for whom they wil not answer they shal be fined by the discretion of the Justices VVinch 13. Ed. 1. 5. Hen 4. 3. Poult Watch 1 2. 18. If a Constable being present at an Affray shall not do his best endeavour to part them it being presented at the Sessions he shal bee deeply fined and the Affrayer at the discretion of the Justices he may justifie the hurting of them if they resist may command assistance and imprison the Affrayors in the Stocks til they find sureties of the peace Dalton fol. 28. High Constables SEE the Constables duties in choosing Surveyors of the Highwayes Highwayes i. If the high Constable or other head officer shall not pay the money by him received for the reliefe of prisoners in the Goale at the next quarter Sessions to the persons appointed by the Justices to receive the same he shall forfeit five pound halfe to the King the other to the Prisoners El. 5. i Iac. 25. Poult Prisoners 4. If the high Constable shall not pay at every quarter Sessions to one of the Treasurers of the shire such money as the Churchwardens shal pay to him for the prisoners in the Marshalsey and Kings-bench he shall forfeit for every default 20. s 43 Eliz. 3. P. poor people 14. If the high Constables shal not pay in like manner that money which the petty Constable or churchwardens bring to him for disabled Souldiers he shall forfeit 40. s 43 El. 3. P. captains 18. See churchwardens 3. for the constables neglect herein Correction-houses 1. EVery Justice of peace in the county where there is not a conveient house of correction with convenient backsides and necessary 〈…〉 mplements shall forfeit 5. l. 7 Iac. 4. 2. The more part of the Justices may at any time of quarter Sessions give order for the erecting of houses of correction and for stocks of money and al other things necessary for the same or for the Government thereof 39 〈◊〉 E. 7. 3. Houses of correction are to be purchased conveyed or assured upon trust to such persons as by the more part of the Justices of the peace in their quarter Sessions of the peace shall bee thought fit And such Justices may at their said quarter Sessions next after such houses built and so from time to time appoint Governours or Masters thereof and may make them such allowance and maintainance as they shal think meet And if the Masters of the houses of correction shall not every Sessions yeild a true and lawful account to the Justice of the peace of all such person as they have committed to their custody or if the said persons shal trouble the Countrey by going abroad or escape from such houses of correction the most part of the said Justices in their quarter Sessions may fine the said Masters and Governors as they shall think fit 7. Iac. Coopers 1. THe prices of all Barrels Kilderkins Firkins and other vessels to be sold for Ale Beer or Sope to be uttered therein made or sold out of any City Borough or Town corporate shall be taxed by the Justices of peace or the more part of them being present in the quarter Sessions yearly after Easter at such prizes as they shal think fit and reasonable and if any Cooper shal fel any of the same above such prizes assessed and proclamation thereof made he shal forfeit for every vessel sold at a greater price three shillings four pence to the King and Informer 8. Eliz. 9. P. 1. Iust 79. 2. If any Cooper shall make his vessels for Beer or Ale of unseasonable Woood or shall not make a Beer-Barrell to contain 36. Gallons a Kilderkin for Beer 18. Gallons a Firkin fur Beer 9. Gallons and a Barrel for Ale 32. Gallons a Kilderkin for Ale 16. and a Firkin 8. Gallons of the Kings Standard And if any Cooper shal make any Vessel for Beere or ale to be sold of any greater or lesser number of Gallons than is aforesaid unless he cause it to be marked upon every such Vessel the certain number of Gallons it containeth and
Goods see Restitution Subsidy fol. 133. Swans ibid. T TAnners see Leather 3. Testimonial see labourers Theft see Robbery Tillage see husbandry Tilemakers fol. 134. Tinkers see Vagabonds Tipling and Tiplers See Ale-houses 1. oll fol. 135. Tongues sol 136. Transportation ibid. Traverse fol. 138 Treason fol. 139. Treasurer fol. 141. Trespasse fol. 143. Trouts see Fish Turn of the Sheriff see Sheriff V VAgabonds fol. i44 Vessels see Coopers Victuals and victualers fol. i47 Vnlawful Games see playes Vndertake work and not finish see Labourers 8. Vsury fol. i48 W WAges fol. i49 Weanlings see But cher Watch and ward fol. i49 Wax fol. i50 Warren see Hunters 1 2. Weavers see Cloth 4. Weights and measures fol. i50 Wild fowle fol. i52 VVines fol. i53 VVitchcraft see Coniuration Wood fol. 154. Wool ibid. Women see Rape and Labourersie Y YArn fol. 54. 〈◊〉 Resolutions of the Iudges of Assize upon certain Questions touching parishes c. fol. i57 The Iudges opinions concerning the commissions by which the Iustices sit at Newgate c. fol. 177. Coroners of their Office and Authority c. fol. i83 In what cases a man shal have his Clergy and in what not c fol. i89 A briefe SUMMARY OF THE Laws and Statutes Of ENGLAND Alehouses and Drunkenness 1 IF any Inkeeper or any Ale-house-keeper shall suffer any person dwelling in the Towne Village or Hamlet where such Inne or Alehouse is to remaine and continue drinking there other then persons invited by Travellers accompanying them only during their necessary abode there Labouring men and Handicrafts-men for an hour at dinner time and La bourers and workmen which for following their work lodg and victuall in such houses otherthen for urgent occasions allowed by 2. Justices of the Peace he shaâ—l forfeit to the poor there for every such offence proved by two witnesses upon Oath or seen by a Justice of the Peace of that limit 10. s 1 Iac. 9. P. 6. By the Stat. of 7. Iac. 10. he shall be disabled to keep an Alehouse for 3. years after 2. Whosoever shall continue drinking in Inne or Alehouse in the town where he then dwelleth contrary to the Stat. 1 Iac. 9. before mentioned the said offence being proved or seen as aforesaid and presented within Six monthes shall sorfeit and pay to the use of the poor there within a weeke after for every such offence 3. s. 4. d. And if the offender be not able to pay the said forfeiture then he shall be set in the stocks 4. hours 4 Iac. 5. and Poult drunkenness Note that if any Alehouse-keeper shall so continue drinking in the town where he dwells he shall be disabled three years per le Stat. 4 Iac. 5. and 7. Iac. 10. 3. If any Inkeeper or Alehousekeeper c. shall utter or sell less than a full Ale quart of the best Beer or Ale for a penny and of small two quaits for a penny he shall forfeit for every such offence being proved as aforesaid 20. s. to the use of the poore there 1. Iac. 9 Peult Alehouses 7. c. But by the Stat. 7 Iac. 10. he shall be disabled 3. years Whosoever shall be drunk and thereof be lawfully convicted within Six monthes after shall forfeit and pay to the use of the poore there within one week 5. s. and if he be not able to pay it then he shall be set in the stocks six hours and if after that he shall be again convicted of the like offence then he shall be bound with two sureties in 10. l. to be from thence forth-of good behaviour 4 Iac. 5. Poulton drunkenness i 5. Note that such offenders being once punished by the Ecclesiasticall Laws shall not est soons be punished for the same offence 4 Iac. 5. P. Drunkenness 8. 5. Whosoever shall keepe Alehouse without license or contrary to the commandment of two Justices of the peace one of them being of the quorum shall be imprisoned 3. dayes without bayle and before his delivery to be bound by recognizance with two sureties not to keep Alehouse any more as the Justices shall think sit And shall be also fined by the Justices in their open Sessions for every such offence 20. l. 5 6 Ed. 6. 26. The penalty for selling Ale or Beer the persons unlicensed see Brewers 4. An Alehouse-keeper once lawfully put down cannot be allowed again but in open Sessions Juog VVarberton at Camor Assizes 1613. and Dalton 25. 26. tamen quaere 6. If a common Inkeeper or Ale-house-keeper shall refuse to lodg a traveller he ought to be suppressed Dalton 25. Archery 1. ALL persons lacking or not using Bows and Arrows according to the Stat. 33 H. 8 9. except persons excepted by the Stat. shal forfeit the several penalties imposed upon them to the King and Informer so as the suit be commenced against them within a year after See P 1. c. 2. All false makers of Arrow heads shal be punished according to the Stat. 7. H. 4. 7. 3. If the Inhabitants of every Town and place shall not make and continue their Buts as they ought to do they shal forfeit for every month 20. s 33 H. 8 9 Armour 1. IF any persons except the Kings Servants or officers in doing their service and their company aiding them in that behalf shall ride or go armed by day or night or shall bring force in affray of the Kings people before the Kings Justices or otherwise they shall lose their Armour and be imprisoned at the Kings pleasure and may also be bound to the peace or good behavionr 2 Ed. 3. 3. P. 1. 2. To imbezell the Kings Armour Ordnance or Victuals to the value of 20. s it is Felony so as the offender be impeached within a year after 31 El. 4 P. 3. 3. All the Armour Gunpowder and Munition soever of Recusants convict other than necessary weapons shall be taken from them by warrant from four Justices of the peace at their quarter Sessions and yet they shall bee charged with maintaining the same and with buying more in such sort as other Subjects are according to their ability 7 Iac. 5 and P. Recusants 75. Artificers 1. IF any Artificers Workmen or Labourers shal conspire promise or make oathes that they will do their work but at a certaine price or rate or will not finish what another hath begun or shal otherwise conspire for the order of their work Or if any butchers bakers brewers Poulterers Cooks Costermongers or Fruiterers shall conspire covenant promise ot take any oathes that they shall not sell their victuals but at certain prices every of them so ostending being lawfully convicted thereof shall forfeit for the first offence i0 l. to the King and if he do not pay the same within six dayes after conviction hee shall be imprisoned twenty dayes and have only bread and water for his sustenance and for the second offence
the laws of the Commissioners of Sewers unless that a new Commission of Sewers be published within the year 13 El. 9 P. 16. Sheep 1. VVHosoever shall bring send or receive into any ship or bottom any rams sheep or lambs being alive to be conveyd out of the Kings Dominions or procure the same shal for the first offence forfe it all his goods for ever to the king and Informer and be imprisoned one year without bayle and then in some open Market in the fulness of the Market on the Market day have his left hand cut off and the same to be nailed up in the open place of such Market and for the second offence it is Felony 8 El. 3. P. 1 2 Just 15. 2. No person shall keep above 2000. sheep reckoning after sixscore to the hundred upon pain to forfeit for every sheep more 3. s 4. d. to the king and informer 25 H. 8. 13. P. 3. Just 15. Sheriffs 1. IF a Sheriff or any of his Ministers which by force of the Green Wax do levy the kings debts shall not shew to the party indebted the estreats sealed and Tor the same which is paid whereby the debt is another time demanded of the same person he shall pay to the party grieved his treble damages and make fine to the King 42. Ed. 〈◊〉 9. 〈◊〉 Estreats 2. Just 88. 2. If any Estreats of Issues hath been gathered of any person other then such as by vertue of the said Estreat was of right chargeable or charged therewith the offender shal forfeit to the King five Marks and as much to the party grieved 27 El. 7. 39 El. 18. P. Jurors 34. Just 99. 3. In every Estreats of Issues against a Juror his addition shall be put Ibidem 4. Justices appointed to oversee the Sheriffs Estreats shall be named at the generall Sessions after the Feast of Saint Michael by the Custos Retulorum or in his absence by the eldest of the Quorum 11. H. 7. 5. P. Sheriffs 18. 20. 5. Sheriffes shall make no Estreats until two Justices have made the view of them which estreats shall be indented and the Justices have one part 11 H. 7. 15. P. 14. 18. 20. 6. Sheriffs must certifie the Indictments found in their turn or Law day to the Justices of Peace at the next Sessions of the Peace in the County under the pain of 40. l. 1. of Edw. 4. 2. P. 12. The Justices shall award Processe against those which be indicted in the Sheriffes Turne Ibid. Poulten 13. Extortion in Sheriffe soe P. 5 6 c. Subsidie IF any person that ought to be set to the Subsidy shall by craft or covin escape tamation and that be proved before two Justices of the peace of the County he shall be charge d double so much as he ought to have been and be further punished at the discretion of the said Justices 7. Iac. 22. Swannes IF any person or other to his use use shal have or possess any mark or game of Swans of his own not having Freehold of five Marks per annum above all charges any other subject having Lands of that value may seize the said Swans as forfeited to the king and himself 22 Ed. 4. 6. P. 1. The penalty for taking or destroying Swans Eggs in their nest see Pheasants c. P. Hawks 3. 11 H. 7. i7 Tile-makers 1. IF tile-makers shal not dig and cast up their earth for Tile til after the first of November or shal not stir and turn it til the first of Febr. following or shal not work it before the first of March following or shall not work and try it from stones veins and chalk or shall make or put to sale any plain Tile under ten inches and a halfe in length six inches and a quarter in the breadth and halfe an inch and halfe a quarter in thickness with convenient deepness or any gutter tile under ten inches and a half in length with a convenient thickness breadth and deepness they shall lose the double value to the buyer and a fine to the king that is to say for every hundred of plain tiles five shillings for every hundred of rough tile six shillings eight pence and for every hundred of corner tiles two shillings and after that rate for more or lesser i7 Ed. 4. 4. Poult i 2 3. 2. If the Searchers appointed for the oversight of the true making of Tile shal not do their effectuall diligence therein shal lose for every default ten shillings ibidem and Poulton 5. and Just 97. Toll 1. IF any Miller shall take excessive Toll or by heaped measure he shal be grievously punished 3 Ed. i. P. 2. Toll for Horses see Faires Tongues Eyes 1. TO cut out the Tongues or put out the Eyes of any of the kings liege people out of malice prepenced is Felony 5 Hen. 4 5. P. 1. Transportation 1. THe prohibition of transporting corn is to be made by the most part of the Justices of peace at their quarter Sessions 13 El. 13. P. Corn 7. 2. Whosoever shall against proclamation thereof made transportor carry out of this Realm any Corn Graine or Mault growing or made here of Beere Butter Cheese or Wood in any vessels except to Barweck or the Marches thereof without sufficient authority or any sea-fish or Herring 〈…〉 not taken by a naturall borne Subject here or shall by any means convey 〈◊〉 willingly consent to convey any of the said things to any vessel being on the sea or any place or haven of this Realm to be transported over sea or into Scotland without sufficient authority or if any person having licence to convey any of the said things shal fraught or lade his vessel or any part thereof at any more places than one only the owner of the vessel shall lose it the owner of the victual shall lose the double value and the Master and Marriners their goods and have a years imprisonment 1 2. Ph. M. 5. 13. Eliz. 11. 13 Poulton Corn 1. Iust 27. 3. It is lawfull to transport Corn and Grain when the prizes be allowed reasonable until it be restrained again by the kings proclamation 1 Iac. 25. P. Corn 6 7 8. So may Beere be transported when Mault is not above sixteen shillings the quarter 3. Jac. 11. P. Corn 6. Traverse 1. THe liberty of Traverse is commomonly restrained to indictment of Trespasses Centempts Riots and other inferiour offences 2. To Traverse an Indictment is to take Issue upon the chiefe matter thereof which is none other to say than to make contradiction or to deny the point of the Indictment As in a presentment against A. for a Highway overflowing with water for default of scouring a ditch which he and they whose Estate he hath in certain land there have used to scoure and cleanse A. may
traverse either the matter viz. that there is no Highway there or that the ditch is sufficiently scoured or otherwise he may traverse the cause viz. that he hath not the Land c or that he or they whose estate c. have not used to scoure the ditch c Treason 1. HIgh Treason called in Law Crimenlesae Majestatis is a grievous offence done or attempted against the State Royall viz. against the King in his person the Queen his Wife his Children Realm or authority c See more P. 1. c. Dalt fol. 198. Such offender shall be hanged cut down alive and quartered and shal forfeit all his lands and goods to the king yea his entayled lands and his wife shal lose her dower his blood shal be corrupted saving in certain cases vid. Dalt fol. 205. In case of Premunire the offender shal forfeit all his Lands in fee for ever and all his goods and chattels to the king but his lands whereof he hath an estate he shall forfeit only during his life and shal be imprisoned during his life ibid. Misprison is properly when one knoweth that another hath committed Treasons or Felonie but was not consenting thereto and conceales the offence Such offender for Misprison of Treason shall forfeit to the king his goods and chattels for ever the profits of his lands during his life Dalton 103. For Misprison of Felony the offender shal be onely fined ibid. Petty Treason is when wilfull Murder is committed upon any Subject by one that is in subjection and oweth faith duty and obedience to the party Murdered Vide Petty Treason fol. 82. 6. The punishment for Petty Treason is this the man so offending shall be drawn and hanged the woman shall be burned alive in case as well of petty Treason as of high Treason I Ric. 3 4. But in case of Felonies the judgement both of man and woman is to be hanged The for feiture of Petty Treason is the King shall have all his goods and for his Lands the king shall have Annum diem vastum and the Escheat thereof shall be to every Lord of his own proper fee. Treasurers THe Treasurers of the Country are to be chosen at Easter sessions by the more part of the Justices and are to be such as at the last taxation of the Subsidy next before the said election were valued and assessed at 10. l. in lands yearly or 40. l in goods and shall continue but one year and then give up their charge and account at Easter Sessions or within ten dayes after and if any Treasurer his Executors or Administrators shal fail to give up his account within the time aforesaid or shall be otherwise negligent in his charge then it shall be lawfull for the more part of the Justices in their Sessions to assess such fine upon him his Executors Administrators as in their discretions shall seem convenient so it be not under 5. l. 43 Eliz 3. P. Capt. 18. 2. The Treasurer shall assesse relief to Souldiers or Marriners upon a lawfull Certificate and shall keep a true book of computation of the mony they lent and a Register of the names of such as they give relief unto And every Treasurer returning or not accepting the Certificate brought unto him shall write and subscribe the cause of his not accepting or not allowing thereof under the said Certificate or in the back thereof And if any Treasurer shall wilfully refuse to give reliefe according to this Act the Justices in their Sâ—â—ons may fine such Treasurer by their discretions 43 El. 3. P. Captains 19 21 22. The surplusage of the stock of the more part of the Justices in their quarter Sessions be ordered distributed and bestowed upon such good and charitable uses and in such form as are limited in the Statutes made in force concerning the reliefe of the Poor and punishment of Rogues and Beggars 43 El 3. and P. Captains 24. See more P. Poor people 14 15. How the Forfeitures shal be imployed see 43 El. 3. P. Captains 26. Trespass WHosoever shall cut or unlnwfully take away any Corn or grain growing or rob any Orchards or Gardens or break or cut any hedge pailes railes or fence or dig pull up or take up any fruit 〈…〉 ree or trees in any Orchard Garden or elsewhere to the intent to take or carry the same away or shall cut or spoyle any Woods or under Woods Powles or trees standing not being Felony and their procurers and receivers knowing of the same being thereof 〈…〉 awfully convicted by the consession of the party or by the testimony of 〈…〉 e sufficient witness upon oath before 〈◊〉 Justice of the peace c. shall give the party such satisfaction as such Ju 〈…〉 ice shall appoint and within such â—ime as he shall appoint the same to be only for the first fault And if such â—ffenders shall not be thought able to give satisfaction then to be whipped â—nd also for every such offence after to 〈…〉 cceive the same punishment of whipping 23 El. 7. P. 1. A Constable refusing to punish such â—ffenders see Constables 10. P. 2. No Justice of peace c. shall execute this Statute for any of the said offences done to himself unless he be associated and assisted by one or more Justices whom the offence doth not concern 43 El. 7. P. 3. Vagabonds and Rogues SEE 39 Eliz. 4. 4. P. 2. 7. But note that that act doth not exte 〈…〉 d to any children under seaveâ— years old All common players of Enterludes and Glassmen shall be accounted rogues 1 Iac. 7. P. 2. A Servant taken with a counterfei 〈…〉 or forged Testimoniall or not procuring a Testimoniall according to the Stat. 5. El. 4. shall be taken and punished as a Rogue see P. Labourers 8. A Souldier or Marriher begging 〈◊〉 counterfeiting a Certificate shall be accounted a Rogue 34 El. 3. P. Capt. 23. And all such as wilfully go abro 〈…〉 out of houses infected with the Plagu 〈…〉 though they have no sore upon them shall be accounted Rogues and more over be bound to the good behaviour for a yeare 1. Iacob 31. Poulton Plague 4. And all able persons threatning to turn away and leave their family upon the Parish the same being proved by two sufficient witnesses upon oath before two Justices of the peace shall be punished as Rogues unless they put in sufficient sureties for the discharge of the parish 7 Iac. 4. All such able persons as shall runne away out of their parishes and leave their families upon the parish 7. Iac. 4. All such as appear to be dangerous to the inferior sort of people or otherwise be such as wil not be reformed of their Roguish kind of life by the former provision of this Act shal be sent to the house of correction or Goale of the County by two