Tithes I. Stat. 27. H. 8.20 If the Judge of an Ecclesiasticall Court make complaint to two Justices of Peace one Quorum of any contumacie or misdemeanour committed by a defendant in any suit there depending for matter of Tithes the said Justices shall commit the said defendant to prison there to remain till he shall find sufficient surety to be bound before them by recognisance or otherwise to give due obedience to the processe proceedings decrees and sentences of the said Court II. Stat. 32. H. 8.7 If in such a Court after sentence for Tithes the defendant appealeth the Judge there shall compell the party appellant by processe and censures ecclesiasticall to satisfie the other party his reasonable costs and in case of contumacie or disobedience upon complaint thereof two such Justices shall proceed as aforesaid Howbeit here the Judge shall take surety of the plaintife to repay the costs in case the cause passe against him Toll S. Fish 17. Transportation S. Actions popular 18. Corn Leather 58. Recusants 75. Treason S. Bailment 1. Trespasse I. Stat. 43. El. 7. If any shall be convicted by his own confession or by the testimony of one witnesse upon oath before one Justice of Peace or head Officer to have unlawfully cut and taken away any grain growing robbed any orchard or garden digged up or taken away any fruit trees broken any hedges pales or other fences cut or spoiled any woods or under-woods standing and growing or the like or to have been accessary thereunto shall for the first offence pay unto the party grieved such damages and within such time as by the said Justice or head Officer shall be appointed And in case the party offending shall not by the said Justice or Officer be thought able to discharge the said damages or shall not discharge them according to the order then shall the said offender be by them or either of them respectively committed to the Constable or other officer of the place where the offence was committed or the party apprehended to be whipped and for every other offence committed afterwards and proved as aforesaid the party offending shall receive the like punishment of whipping II. The Constable or other inferiour officer that herein refuseth or neglecteth to do his duty shall by any such Justice of Peace or head Officer be committed to prison without baile till hee whip or cause to be whipped the party offending as is above limited III. No Justice of Peace shall execute this Statute for offences done to himselfe unlesse hee be affociated with one or more Justices of Peace whom the offence doth not concerne Vagabonds Rogues 1. Stat. 39. El. 4. Justices of Peace within every County and Corporation have power in Sess to give order for the erection of houses of correction and also for the maintenance and government of the same and for the punishment of offenders which shall be thither committed II. All Scholars and seafaring men which beg All wandring persons which either beg use unlawfull games and playes faine themselves to have skill in Physiognomie Palinestry or the like or pretend to tell fortunes All persons that are or pretend to be collectors for Gaoles and Hospitals All Fencers Bearwards common Players and Minstrels wandring abroad other then such as shall be authorised by Noble-men under their hands and seales All Juglers Tinlkers Pedlers and petty chapmen wandring abroad All labourers which wander and refuse to work for wages reasnably taxed having not living otherwise to maintain themselves All persons delivered out of Gaoles which beg for their fees or otherwise do travell begging All Which wander abroad begging pretending losse by fire or otherwise And all such persons not being felons wandring and pretending themselves to be Egyptians shall be adjudged Rogues Vagabonds and sturd Beggars 16. III. If any such vagabond shall be taken begging wandring or misordering him or her selfe he or she by the appointment of any Justice of P. Constable Headborow or Tithingman there the two last being assisted by the Minister and one other of the parish shall be stripped naked from the middle upwards openly whipped till their body be bloudy and forthwith sent the next way from parish to parish by the Officers of each parish towards the place of their birth but if it cannot be known then towards the place where they last dwelt by the space of one whole yeer before such punishment and if that cannot be known then to the towne thorow which they last passed without punishment And if it cannot be discovered where they were born or last dwelt as aforesaid then are they to be conveyed by the officer there to the house of Correction or common Gaole of the County to be imployed in work or placed in some service and so to continue by the space of one yeer or in case they be not able of body that towne is to keep them till they may be placed in some Alms-house within the same County IV. After which whipping the vagabond shall have a testimoniall under the hand and seale of the said Justice Constable Head-borow Tithingman and Minister or any two of them testifying the day and place of his punishment the place to which he is to be conveyed and the time limited for his passage thither which time if by his owne default he exceeds hee shall from time to time incurre the like punishment till hee arrive at the place limited the substance of which testimoniall shall be registred by the said Minister in a book provided for that purpose in pain of v.s. V. If any such rogue seeme dangerous or will not be reformed two Justices of P. one of Quorum shall commit him to the house of Correction and if at the next quarter Sess by the more part of the Justices there he shall not be thought fit to be delivered he shall by them be banished and at the charge of that County shall be conveyed to such parts beyond the seas as shall by six or more of the privie Councell for that purpose be assigned to her Majesty her heirs and successors whereof the Lord Keeper or Treasurer to be one or otherwise adjudged to the gallies of this Realme as the said Justices shall think fit And if a rogue so banished return without licence he shall suffer as a felon to be tryed in the County where he shall be apprehended 17. VI. If a Constable Headborow or Tithingman be found negligent in the due execution of this act they shall forfeit x. s. for every default and none shall make rescous against any Officer or hinder the execution of this law in pain of v. li. and to be bound to the good behaviour 18. VII None shall transport such a rogue out of Ireland Scotland or the Isle of Man being born in any of those places in pain to forfeit xx s. to the use of the poor where he lands And if any such shall be hereafter found in England or Wales they shall suffer punishment and be
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
debate in the Kings Court without the Kings speciall Licence in paine to lose the Church and his service and that no Clerk of any Justicer or Sheriffe take part in any Suites or use fraud whereby Common right may be delayed in paine to be punished as aforesaid and more grievously if the Trespasse require it III. Stat. West 2.13 E. 1.48 The Chancellor Treasurer Justices any of the Kings Councell Clerk of the Chancery Exchequer or of any Justice or other officer or any of the Kings house Clerk or Lay shall not receive any Church or Advowson of a Church Land or Tenement in Fee by gift by purchase to farme by Champerty or otherwise so long as the same thing is in Plea nor shall take any reward thereof in pain to be punished at the Kings pleasure both the buyer and seller IV. Stat. 28. E. 1.11 None shall take upon him a businesse in Suit with an intent to have part of the things sued for neither shall any upon any such Covenant give up his right to another in pain that the taker shall forfeit to the King so much of his lands and goods as doth amount to the value of the part so purchased for such maintenance to be recovered by any that will sue for the King before the Justices before whom the Plea hangeth V. This statute shall not prohibite any to take Counsell at Law for his Fee or of his parents or next friends VI. Stat. 33. E. 1. He that shall be attainted of Champerty or Maintenance shall suffer three years imprisonment and be fined at the Kings pleasure VII Stat. 1. E. 3.14 None shall take upon him to maintain quarrels and parties in the Country to the Let and disturbance of the Common law VIII Stat. 4. E. 3.11 Justices of the Benches Justices of Assise and of nisi prius shall heare and determine maintenance Conspiracy and Champerty IX Stat. 20. E. 3.4 None shall maintain any quarrels save only their own X. Stat. 1. R. 2.4 No great officer of the King shall maintaine quarrels in the Country in pain of a Fine to be set by the King and his Councell and no other person in pain of Imprisonment and to be fined at the Kings will and if he be the Kings officer or houshold servant he shall also lose his place Stat. 1. R. 2.7 None shall give liveries for maintenance of Quarrels in paine of Fine and imprisonment XII Stat. 1. R. 2.9 All gifts or Feoffments of lands Tenements or goods for maintenance shall be void XIII Stat. 7. R. 2.15 The Statutes of 1 E. 3.14.4 E. 3.11 1. R. 2.4 9. shall be duly executed in all points XIV Stat. 4. H. 4.8 If any make forcible entry into lands by way of Maintenance the Chancellor of England shall grant a speciall Assise without suing to the King and if the Disseisor shall be attainted thereof he shall suffer one whole yeares imprisonment and restore double damages to the party grieved XV. Stat. 32. H. 8.9 All statutes which concerne Maintenance Champerty and Embracery shall be duly put in execution XVI None shall buy any pretended right or Title in any land unlesse the seller hath taken the profits thereof one whole yeare before in pain that both the buyer and seller shall each of them forfeit the value of the same land to be divided betwixt the King and the prosecutor XVII None shall unlawfully maintain any Suit or action retain any person for Maintenance Embrace Jurors or suborn witnesses to the hinderance of Justice or the procurement of perjury in pain to forfeit for every such offence x. l. to be divided betwixt the King and the prosecutor XVIII Howbeit purchasing of a pretenced Title by him that is already lawfully possessed of the thing whereunto Title is made is lawfull XIX Proclamations shall be made at the Assises of the Statutes made against Maintenance Champerty Embracery and unlawfull Retainers XX. The Offenders against this Act shall be prosecuted within one yeare See Actions Popular 12.15.18 Force 4. Marches Stat. 31. H. 6.3 They may punish such as shall unlawfully against the provision of this Statute attach men dwelling farre off to appeare in the Warden Courts of the Marches neere Scotland Mariners S. Captaines 32.35 c. Markets S. Horses 11 c. Marshalls of the Kings Bench S. Bailement 3. Marshalsey S. Poor people 15. Marshes Stat. 7. Jac. 20. Their power in recovering Marshgrounds in Norfolk and Suffolk Masons Stat. 3. H. 6.1 It shall be Felony to plot confederacies amongst Masons those which assemble upon such confederacies shall suffer Imprisonment and pay fine and ransome at the Kings pleasure Matrimony I. Stat. 7. Jac. 11. It shall be Felony for any person to marry which hath had notice that his or her former husband or wife was living within seaven yeares before II. The Triall in this case shall be in the County where the party delinquent shall be apprehended III. But this Statute shall not extend to question any for Felony where the former marriage was before the latter severed by divorce or declared void in the Ecclesiasticall Court or was made before the age of consent neither shall the breach of statute draw after Corruption of blood losse of Dower or disinherison of heire or heires Mault I. Stat. 17. R. 2.4 Mault made in the Counties of Huntington Cambridge Northampton and Bedford and brought to London for the provision of the Court and City shall be well clensed from Dust and other filth And Maiors Bailiffes and Wardens of townes and places where it is sold have power to make search and to see such defaults redressed II. Stat. 2. E. 6.10 None shall imploy lesse time in the making and drying of Mault except in the moneths of June July and August then three weekes and in these moneths lesse then seaventeen dayes nor put to sale any Mault mingled of good and bad in pain to forfeit for every quarter otherwise ordered or sold 2. s. to be divided betwixt the King and the prosecutor III. None shall put any Mault to sale before by tredding rubbing and Fanning it he shall have conveniently taken out of every quarter halfe a peck of Dust or more in paine to forfeit xx d. for every quarter otherwise sold to be divided betwixt the King and the prosecutor IV. Justices of Peace in Sessions and Stewards of Leets have power to heare and determine these offences as well by presentment of 12. men as by information of two Witnesses V. Baylisses and Constables of townes and places where faulty Mault is made or mingled as aforesaid have power to make search for it and being found with the Advise of a Justice of P. to make sale thereof at their discretions VI. None shall be punished by this Act which only maketh mault for his owne provision nor unlesse the Action be prosecuted within one yeare VII Stat. 39. El. 16. Justices of Peace in Sess have power at their discretions to restraine the
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
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
offenders as in Actions of Trespasse XVI Stat. 27. El. 12. Every under-Sheriffe before he intermeddles with his Office shall before one of the Justices of Ass or the Custos Rotulorum of the County or two Justices of Peacethere 1. Qu. take the oath of Supremacy which see in Recusants 8. and also the oath hereunder written in paine to forfeit treble damages to the party grieved if he commit any act contrary to the same oathes or either of them XVII The forme of the other oath is as followeth I A. B. shall not use or exercise the Office of under-Sheriffe corruptly during the time that I shall remaine therein neither shall or will accept receive or take by any colour meanes or devise whatsoever or consent to the taking of any manner of fee or reward of any person or persons for the Impanelling or returning of any Inquest Jurie or Tales in any Court of Record for the King or betwixt party and party above two shillings or the value thereof and such fees as are allowed and appointed for the same by the Laws and Statutes of this Realme But will according to my power truly and indifferently with convenient speed impanell all Jurors and returne all such Writ or Writs touching the same as shall appertaine to be done by my duty or Office during the time that I shall remaine in the said Office So help me God XVIII No Bailiffe of a Franchise Deputy or Clerk of a Sheriffe or under-Sheriffe shall intermeddle with their severall Offices before they have taken the said Oaths as aforesaid altering onely the termes of Office in paine to forfeit 40. l. to be divided betwixt the King and the prosecutor XIX Justices of Ass and Just of P. in Sess have power to heare and determine the defaults and offences aforesaid and upon conviction to award Processe accordingly XX. Stat. 29. El. 4. No Sheriffe under-Sheriffe Bailiffe of a Liberty or any of their Deputies shall either directly or indirectly take more for serving an extent or execution then after the rate of 12. d. for every pound under 100. l. and 6. d. for every pound above 100. l. in paine to forfeit treble damages to the party grieved and besides 40. l. to be divided betwixt the Queen and the prosecutor XXI This Act shall not extend to fees for Executions within Cities or Corporations S. Bailement 2. Indictments 5. Jurors Justices of P. 18. Ship-Wrights S. Labourers 46. Shoo-makers S. Leather Silver S. Gold Skinners S. Labourers 53. Souldiers S. Captaines Stabbing S. Clergie 18 19. Stewards of Courts S. Justices of P. 14 16 28. Strangers S. Aliens Supersedeas I. Stat. 21. Jac. 8. Processe of the Peace or good behaviour shall not issue out of the Chancery or Kings Bench but upon motion in open Court and good cause alledged upon oath which shall also be endorced upon the Writ Howbeit if that cause shall be afterwards disproved the Judge or Judges of the said Courts respectively shall commit the offender to prison till he pay the party grieved all his costs and damages II. All Writs of Supersedeas shall be void unlesse such Processe be likewise granted upon motion as aforesaid and upon such sufficient sureties as shall appeare to the Court upon oath to be Subsidie-men assessed at 5. l. lands or 10. l. goods and also unlesse the prosecution against the party for the Peace or good behaviour be bona fide And here false sureties procured for the gaining of such Writs shall be punished by the Judges III. Certioraries shall not be allowed unlesse the Indictee will become bound with sufficient sureties such as the Justices of P. in Sess shall think fit to pay to the prosecutor within one month after conviction such costs and damages as the said Justices shall assesse Sunday S. Holy-dayes Leather 32. Recusants Swans S. Hawks 7.20 Swearing Cursing I. Stat. 21. Jac. 20. If any shall sweare or curse within the hearing of a Justice of P. or shall be convicted thereof by his own confession or the evidence of two witnesses upon oath before the same Justice they shall forfeit 12. d. to the use of the poore where the offence shall be committed to be levied by the Const Churchw and Overs of the poore there upon warrant from such Justice by distresse and sale of goods And in defect of distresse if the offender be above 12. yeares old he shall upon warrant as aforesaid be set in the stocks three houres but if under then shall he be whipped by the Constable or by the Parent or Master in the Constables presence II. Here if an Officer be sued for the due execution of his Office he may plead the generall Issue and yet give speciall matter in evidence III. This offence shall be complained off and proved as aforesaid within twenty dayes after it is committed And this Act shall be read in every Church twice in the yeare upon Sunday after evening prayer Tanner S. Leather Testimoniall S. Labourers 9 10 11. Tiles I. Stat. 17. E. 4.4 Tile-earth shall be cast up before the first of November stirred and turned before the first of February and not made into Tile before the first of March And shall likewise be well tried and severed from stones malme marle and chalke II. A plaine Tile shall containe in length ten Inches and an halfe in breadth six Inches and a quarter and in thicknesse halfe an Inch and halfe a quarter at least A Roofe or Creast-Tile in length thirteen Inches and in thicknesse as before with convenient deepnesse accordingly A Gutter and Corner-Tile in length ten Inches and an halfe with convenient thicknesse breadth and deepnesse III. If any shall sell Tile otherwise made he shall forfeit to the buyer the double value thereof to be recovered by action of debt and besides shall make fine and ransome at the Kings will IV. Justices of P. shall hear and determine these defaults and offences as well at the suit of the King as of the party grieved and shall not set lesse fine upon an offender against this act then after the rate of v. s. for every thousand of plain tile vi s. viii d. for every hundred of roof-tile and ii s. for every hundred of corner or gutter-tile V. The said Justices have also authority to appoint searchers of Tile who shall diligently execute that office in paine to forfeit to the King for every default x. s. and shall have of every Tile-maker for such search after the rate of i. d. for every thousand of plain Tile ob for every hundred of roof-Tile and qu. for every hundred of corner or gutter-Tile and shall make presentment of all defaults found at the next Sess which shall be as effectuall in law as a presentment of twelve men VI. None shall put any Tile to sale before such search be made in pain to forfeit the same and the Justices of P. have also power to hear and determine the defaults of the said searchers Tinne S. Brasse
who shall have power to hear determine punish all those that shall be thereof found guilty and to command the Sheriffe to imprisō them till they shal make fine to the K. XXII The said Officers shall every yeer the next day after the feast of S. Michael deliver their estreats into the Exchequer and take for their expences a fourth part of that they can levie and shall answer the King the other three parts And the fourth part also of that they cannot levie shall be answered them in the Excheq and the other three parts shall be levied for the Kings use XXIII Stat. 25. E. 3.9 Auncell weight shall be quite put out and weighing shall be by equall balance Stat. 34. E. 3.5 XXIV Stat. 25. E. 3.10 Every measure shall be according to the Kings standard and shall be striked without heap saving the rents of Lords And the King will assigne certain Justices in every County to inquire hear and determine upon the points aforesaid and to inflict punishment according to the trespasse XXV Stat. 27. E. 3.10 There shall be one weight and one measure and none shall use any deceit in weighing commodities by an uneven tong of the balance or by putting hand foor or other touch in pain to forfeit the value of the commodities so weighed to suffer one yeers imprisonment and to be ransomed at the Kings will and the party grieved shall recover quadruple damages XXVI There shall be Justices assigned to inquire of such trespasses to do right as well at the K. suit as at the suit of the party XXVII Stat. 13. R. 2.9 There shall be one weight and measure throughout England and he that shall be convicted to have used any other shall suffer six moneths imprisonment and yeeld double damages to the party grieved XXVIII Stat. 15. R. 2.4 Eight bushels of corn striked shall be accounted a quarter as well by water as by land and none shall buy otherwise in pain to forfeit the corn or malt so bought XXIX Stat. 9. H. 5. Parl. 2.8 The Justices of P. Sheriffes Escheators and other persons to be assigned by the King shall have power by Commission to inquire of the counterfeiters of false weights and to commit them to prison and there to hold them till they shall be acquit or attainted and being anainted they shall still remain in prison till they have made fine and ransome at the discretion of the said Just who shall have power ther of to inquire hear and determine as often as to them shall seem necessary XXX Stat. 2. H. 6.11 The tun of wine shall contain 252. gallons English measure the pipe 126. gallons the barrell of Herrings or Eccles shall contain 30. gallons the butt of Salmon 84. gallons and so of other lesser vessell after the same rate XXXI None shall import or make any vessell contrary to this act in pain to forfeit the commodities therein contained to the lord of the town where they are found wherof the prosecutor shall have the fourth part XXXII Justices of P. and Maiors and Bailiffes having power to inquire of the peace have power to hear and determine these offences XXXIII Stat. 8. H. 6.5 Every Citie Borough and Town within England shall have a common balance with common weights sealed and according to the standard of the Exchequer upon the common costs of the said Citie Borough or Town in the keeping of the head Officer or Constable there in pain that the Citie for such default shall forfeit x. l. to the King the Borough v. l. every other Town xl s. 39 48. XXXIV At this balance all the inhabitants may weigh gratis but a forreiner shall for every draught under xl l. pay a farthing for a draught betwixt xl li. and an hundred an halfpenny and for a draught betwixt an hundred and a thousand a penny whereof the weights shall be maintained and the officers which attend that service rewarded at the discretion of the said inhabitants XXXV None shall buy woollen yarn unlesse he will make cloth thereof nor use weight or measure or any other thing in place thereof which is not sealed according to the standard nor set any thing to the same by way of tacking or hiding or in any other manner that may increase the measure or weight or let the balance to have his natural course upon the pain mentioned in the Statutes of 27. E. 3.10 and 13. R. 2.9 XXXVI Justices of P. Maiors Bailiffes and Stewards of Franchises have power to hear and determine these offences XXXVII Stat. 9. H. 6.8 A weigh of Cheese shall contain 32. cloves and every clove seven pound XXXVIII Stat. 11. H. 6.8 The Stat. of 1. H. 5.10 which see in Purveyors 44. and 8. H. 6.5 shall be duly put in execution XXXIX In every Citie Borough and Town there shall be a common bushell sealed and according to the standard in like manner and pain as in the said Stat. of 8. H. 6.5 is specified for a common balance 48. XL. All Ju. of P. Maiors head Officers shall have power to hear and determine the offences committed against the said Statutes by examination or inquisition and as well at the suit of the King as of the party grieved XLI The Maior of London and all other Maiors and Bailiffes in their oaths shall be charged to keep and execute all the said Statutes and shall be accountable in the Exchequer for all profits and forfeitures which shall grow due thereupon to the King XLII Stat. 1. R. 3.13 The contents of every vessel of wine and oyl And they shall not be sold untill they be gaged by an officer to be appointed by the King for that purpose XLIII Stat. 7. H. 7.4 or according to Rastal cap. 3. Measures and weights of brass shall be fent to every City and Borough there to be kept as their treasure according to which all measures and weights in every County shall be reformed XLIV The Maior or chiefe Officer of every such place shall have a speciall mark wherewith he shall seal the said measures and weights and shall take for sealing of a bushell a penny and of every other measure an halfpenny for an hundred weight a penny for half an hundred an halfpenny and for every lesser weight a farthing XLV If he refuseth or delayeth to seal them or doth any thing contrary to this act he shall forfeit xl s. to be divided betwixt the King and the party grieved and to be recovered by action of debt wherein no wager of law shall be admitted XLVI Justices of P. have power to hear and determine the said defaults XLVII Stat. 11. H. 7.4 Measures and weights of brasse shall be sent to Cities and Boroughs there especially named XLVIII Onely Cities Boroughs and Market Towns shall be enjoyned to have common balances weights and measures and all other towns shall be excused notwithstanding the Statutes of 8. H. 6.5 and 11. H. 6.8 above mentioned XLIX The Maiors and
chief Officers of the said Cities Boroughs and Market Towns which shall have delivered unto them such weights and measures sealed with the letter H. crowned or with the first letter of the name of the present King of England for the time being shall have authority and power to signe like weights and measures unto any of the Kings subjects duely requiring the same taking for the marking of every bushell only one penny L. None shall use any other weights or measures but such as are so marked LI. Maiors and chiefe Officers shall at least twice every yeer view all measures and weights within their jurisdictions and break or burn them which they finde defective and also inflict punishment upon the offenders viz. for the first offence vi s. viii d. for the second xiii s. iiii d. and for the third xx s. and besides adjudge them to the pillory LII Two Justices of Peace one Quorum have authority as well by examination as inquiry to hear and determine the defaults of Maiors and other head Officers and also of buyers and sellers contrary to this act and to set fines and amerciaments upon the offenders at their discretions and the defective weights or measures are to be forfeited and burnt LIII Eight bushels of corn raised and stricken shall be accounted a Quarter 14. l. a stone of Wooll and 26. stone a sack Howbeit this Act shall not extend to any person selling or buying by water measure within ship-board whereof every bushell shall containe five pecks raised and stricken LIV. Within the Cinque Ports the Lord Warden or his Lieutenant shall order the weights and measures LV. Stat. 12. H. 7.5 A Bushell shall containe 8. gallons of Wheat and every gallon 8. pounds of Wheat Troy weight and every pound 12. ounces and every ounce 20. sterlings or penny weights and every sterling shall weigh 32. graines of Wheat that grew in the midst of the eare of Wheat And a standard for the Kings treasury is to be made according to this Assise LVI Whereas the weights and measures sent downe to Cities and Boroughs last yeare by the Stat. of 11. H. 7.4 were found defective others more perfect shall be sent thither at the charge of the said Cities and Townes according to which all other weights and measures shall be regulated upon the paines in the said Statute contained LVII Stat. 16. Car. 19. There shall be one weight and one measure according to the standard of the Exchequer throughout the Realme and every measure of Corne shall be striked without heape LVIII Whosoever shall sell by or keep any other weight or measure whereby any thing is bought or sold after six months after this Sess of Parliament shall forfeit for every such offence 5. s. being thereof lawfully convicted by the oath of one witnesse before a Justice of P. Maior or other head Officer in their severall precincts respectively who shall have power to administer an Oath in that behalfe which said forfeiture shall be levied by the Church-wardens and Overseers of the poore or one of them where the offence shall be committed to the use of the poore there by distresse and sale of goods rendring the overplus to the party offending And in default of distresse it shall be lawfull for any Justices of P. Maior or other head Officer in their severall precincts respectively to commit such offender to prison untill he shall pay the summe so forfeited LVIX The Clerk of the Market of the King or Princes houshold and his deputies shall only execute their office within the verge and not elsewhere And head Officers of Corporations and Lords of Liberties and their deputies may execute theirs in their severall precincts as they might have done before this Act was made LX. If any of the Officers aforesaid shall seale any weight or measure which is not agreeable to the said standard or shall refuse to seale such as are agreeable thereunto the party paying only such fees for the allowance thereof as are warranted by Statute or some ancient custome they and their deputies respectively shall for every such offence forfeit 5. l. to be levied as aforesaid to the use of the poore where the offence was committed LXI If they shall take any other fine fee reward or summe of money then what are allowed by Statute or some such ancient custome for the signing or examination of any weights or measures which have beene formerly marked or sealed or shall impose any fine or amerciament without a legall triall of the offence or shall otherwise misdemean themselves in the execution of their office and shall be thereof lawfully convict they shall forfeit for the first offence 5. l. for the second 10. l. and for every other offence 20. l. to be levied as aforesaid to the use of the poore where the offence was committed LXII He that is fined or amerced by this Act shall not be again punished for the same offence by force of any former Law or Statute LXIII This Act shall not extend to the measure of Rent-corn nor to Water-measure LXIV If any Officer authorised for the execution of this Statute shall be impleaded for any act he shall do therein he shall plead the generall Issue not guilty and yet give this Statute or any other speciall matter in evidence And if he be found not guilty or the Plaintiffe be non-suited he shall recover treble costs Wild Fowle Stat. 25. H. 8.11 None shall destroy or take away the eggs of any wild Fowle in paine to forfeit for every egge of a Crane or Bustard so taken or destroyed 20. d. of a Bitter Herne or Shovelard 8. d. of a Mallard Tele or other wild Fowle 1. d. to be divided betwixt the King and the prosecutor And here Justices of P. shall have power to inquire heare and determine offences of this kind as they use to do in cases of Trespasse S. Hawks 19 20. Hunters 7. Wines I. Stat. 7. E. 6.5 None shall utter Wine by retaile in any other place then in Cities Boroughs Port Townes or Market Towns or in Gravesend Sittingborne Tuxford or Bagshot in paine to forfeit 10. l. for every day that they sell Wine otherwise II. None shall utter Wine by retaile in any City Borough or Corporation but by license of the most part of the Common-Councell Aldermen Burgesses or Communalty there under their common Seale nor in any City Borough Port towne or Market town not Corporate or in Gravesend Sitting-borne or Bagshot without licence of the Justices of P. of the County in Sess under their Seales in paine to forfeit 5. l. for every day that they sell Wine otherwise which said Officers Communalty and Justices have power to continue or change such licences at their discretions but shall not licence above two in one place in paine to forfeit 5. l. a piece except in these hereafter following in which it shall be lawfull to licence more then two viz. in London 40 York 8 Norwich 4 Westminster 3 Bristoll 6 Lincolne 3 Hull 4 Shrewsbury 3 Exeter 4 Salisbury 3 Glocester 4 Westchester 4 Hereford east 3 Worcester 3 South-hampton 3 Canterbury 4 Ipswich 3 Winchester 3 Oxford 3 Cambridge 4 Colchester 3 Newcastle 4 III. None shall sell or utter Wine by retaile to be spent in his or their mansion house or in any other place in their tenure by any colour craft or engine in paine of 10. l. IV. The abovesaid forfeitures shall be divided betwixt the King and the prosecutor V. Justices of P. within every County and Corporation in Sessions Stewards in Leets and Sheriffes in their Turnes have power to enquire by the oaths of twelve men of all offences committed against this Act in which case the forfeitures which shall thereupon grow due shall be divided betwixt the King and the poore of the Towne or place where the presentment shall be found VI. This Act shall not prejudice the liberties of either of the Universities nor charge any person offending unlesse the suit be prosecuted within a yeare S. Weights 6. Witchcraft I. Stat. 1. Jac. 12. If any shall be lawfully convicted to have used or practised the invocation or conjuration of any evill spirit or to have taken up any dead person out of their grave or any part of such person to be used in witchcraft or inchantment or to have used witchcraft wherby any person hath been killed pined or made lame they together with their accessaries shall be adjudged felons without benefit of Clergy II. If any shall be lawfully convicted to have taken upon them by witchcraft inchantment charme or sorcery to discover any place of hidden treasure or where lost or stollen goods are become or to provoke any person to unlawfull love or to destroy or impaire any cattell or goods or to hurt or destroy any person in their body although the same be not effected they shall for the first offence suffer one whole years imprisonment without bail and once in every quarter of that yeer at a Market or Fair stand upon the pillory six hours and there openly confesse the offence committed and for the second offence shall suffer as a felon without benefit of Clergy But here shall be no losse of dower or disherison of heire and in these cases a Peer being an offender shall be tryed by his Peers Witnesse S. Perjury 8. Wood. Stat. 35. H. 8.17 Two Justices of Peace appointed by the more part of the other Justices have power in a form there set down to set out between the lord of a wood and his commoners when they cannot agree the lords part which being as neer a fourth part as can be laid out the said lord or owner shall inclose or sell at his pleasure See Corns Wooll Stat. 2 3. P. M. 13. Justices of P. about Hallifax in Yorkshire have power to punish such of the inhabitants there as having bought wooll doe sell the same again in any other place and not in Hallifax or to the richer sort there or to such as sell it again and not to the poor to be wrought into yarn See Actions popular 18. Writs S. Processe Supersedeas FINIS
when the sute is wholly the Queenes the whole forfeiture shall be estreated for her use VII Justices of P. have power to heare and determine these offences in Sessions by inquisition or verdict or otherwise upon the oath of two witnesses at their discretions and to make processe thereupon VIII This Act shall not restraine Purveyors of Cities and townes corporate neither yet the Inhabitants of the Counties of Westmerland Cumberland Lancaster Chester and Yorke IX Stat. 13. El. 25. The Statute of 5. El. 12. is confirmed S. Forestallers 5.12 Bayliffes S. Sheriffes Bailement I. Stat. 3. E. 1.15 Persons outlawed and such as have abjured the Realme Provours and such as be taken with the manner Prison-breakers theeves openly defamed Appellees by Provours during the life of such Provours house-burners Counterfeiters of the Kings Seale or Coyne excommunicate persons and Traitors are not replevisable by common writ or without writ II. Persons guiltie of Larcenie by enquests taken before Sheriffes or Bailiffes or of petty Larcenie not before detected nor accessary to any felony or onely guilty of some light suspition are baileable by good sureties for which the Sheriffe shall be answerable III. Stat. 5. E. 3.8 Marshals of the Kings Bench shall not baile felons IV. Stat. 3. H 7.3 Two Justices 1. Qu. have power to let to baile persons baileable by law untill the next Quar. Sess or G.D. and shall there certifie the same in paine of 10. l. V. Stat. 1. 2. P.M. 13. None shall be let to baile which are forbidden to be bailed by 3. E. 1.15 VI. None arrested for Manslaughter or felony or suspition of the same being baileable by law shall be let to baile save only in open Sess or by two Just 1. Qu. being both present at the time of such bailement which then shall be certified together with the examination of the Prisoner and the Information of the Accusers under their owne hands at the next Gaole delivery and the said examination and Information shall be taken before the bailement VII The said Justices have power to bind by Recognisance all such as can declare any thing materiall against the Prisoner to appeare at the next Gaole delivery and shall there make certificate of the said Recognisance VIII The Justices that offend any Branch of this Act are lyable to be fined by the Justices of Gaole delivery IX This Act shall not restraine Justices within London and Middlesex to let to baile I risoners as heretofore they have used only they shall certifie their examinations Bonds and bailements at the next Gaole delivery of their Jurisdiction in paine to bee fined as aforesaid X. Every Habeas Corpus or Certiorari for the Removall of a Prisoner shall be signed by the Chiefe Justice or one of the Justices of the Court out of which the Writ issues in paine of five pounds to be forfeited by the Writer XI Stat. 2.3 P.M. 10. One accused of Manssaughter or Felony which for want of baile is to be sent to the Gaole must be examined by the Justice before he sends him thither and the Accusers must bee bound over to give in evidence against him whose Information must also be taken and committed to writing within two daies after at the farthest and all certified in at the next Gaole delivery as by the stat of 1.2 P.M. 13. is limitted upon the penaltie therein expressed Bakers S. Victuall 2.10 Weights 2 4 5 9. Barges S. Boatemen Bastardie I. Stat. 18. El. 3. The two next Justices 1. Qu. may take order as well for the punishment of the mother and reputed father of a Bastard Child as also for the reliefe of the Parish where it is borne by charging the said mother and father with the sustentation thereof by payment of mony weekly or otherwise II. If the mother or father performe not the said Justices order they shall suffer imprisonment without baile except hee she or they give securitie to performe it or else to appeare at the next Quarter Sess and also to abide the order of the greater part of the Justices there if any shall be there made if not then to performe the order made by the two Justices 5. III. Stat. 7. Jac. 4. Justices of Peace shall commit to the house of correction lewd women which have Bastards that may be chargeable to the Parish there to be punished and set on worke one whole yeere and if they offend againe they shall not be from thence enlarged without putting in good securitie not to offend so againe IV. Stat. 21. Jac. 27. It shall be murther for a mother to conceale the death of her Bastard child unlesse she can prove by one witnesse at least that it was still-borne V. Stat. 3. Car. 4. All Justices of Peace within their severall limits and Sess may doe and execute all things concerning that part of 18 Eli. 3. which concernes Bastards that by the Justices of Peace in the severall Counties are by the said statute limited to be done Beere S. Corne 1. Bell-metall S. Brasse 15. Benhurst hundred in Com. Berk. S. Hue and Crie 8. Bigamie I. Stat. 1. E. 6.12 A Bigamus being a felon shall be admitted to his Clergy as well as any other II. Stat. 1. Jac. 11. A Bigamus shall suffer death as a Felon unlesse he or she have had no notice that the husband or wife was living within seven yeares before or the Marriage severed by divorce III. This felonie shall cause no corruption of blood or losse of dower or inheritance Boatmen Watermen Barges Boats c. I. Stat. 26. H. 8.5 Justices of the Peace within the Counties of Glocester and Summerset in Sess shall bind keepers of Ferries over Severne by Recognisance with good sureties that they shall not transport any Passenger out of England into Wales or the Forrest of Deane or from thence into England before Sun rising or after Sun set unlesse such as they know and will answer for And besides the parties so offending shall thereby incurre fine and imprisonment II. Stat. 2. and 3. P. M. 16. At the first Court of Aldermen in London next after the first of March out of the Watermen betwixt Gravesend and Windsor there shall be eight chosen for overseers which shall have power to keepe good order amongst the rest III. Two Watermen shall not carry any but where one of them hath exercised that profession two yeares before that time and hath been allowed by the greater part of the said Overseers under their knowne seale in paine to be committed to one of the Counters by the said Overseers for one month or for lesse time as the offence may deserve IV. No single man which is no householder nor retained as an Apprentice or as a servant for one yeare at least shall exercise that profession betwixt the places aforesaid in paine of like imprisonment V. The Lord Maior and Aldermen of London and the Justices of Peace within the Counties adjoyning to the River of Thames upon
he shall incurre a Praemunire and for the third shall be adjudged guilty of high Treason But this offence must be prosecuted within one yeare after it is committed See 26. V. If he be a Clergy-man Beneficed upon the first conviction all his Spirituall promotions shall be void VI. If he be imprisoned for this offence committed by words onely and be not indicted for the same within six months after it is committed he shall be set at liberty VII If a Peere of the Realme happen to be guilty of this offence he shall be tried by his Peeres VIII And here for the better observance of this Law was the oath of Supremacy established in these words following I. A. B. do utterly testifie and declare in my conscience that the Queenes Highnesse is the onely supreme Governour of this Realme and of all other her Highnesse Dominions and Countries as well in all Spirituall or Ecclesiasticall things or cases as Temporall and that no forraigne Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiasticall or Spirituall within this Realme and therefore I do utterly renounce and forsake all fonaigne Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall beare faith and true Allegiance to the Queenes Highnesse her Heires and lawfull Successors and to my power shall assist and defend all Jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Queens Highnesse her Heires and Successors or united and annexed to the Imperiall Crowne of this Realme So help me God and by the Contents of this Book IX Stat. 5. El. 1. None shall maintaine the Jurisdiction of the Bishop or See of Rome within any of the Queenes dominions in paine to incurre a Praemunire X. Just of Ass and Justices of Pain Sess or any two of them 1. Qu. have power to heare and determine this offence and are to certifie such presentments into the Kings Bench within 40. dayes after they receive them if it shall be then Terme time if not then the first day of the Terme then next insuing in paine of 100. l. The Justices of the Kings Bench also as well upon such Certificate as also before themselves have power to heare and determine the same offence XI None compellable to take the oath of Supremacy by this Act or by that of 1. El. 1. which see in the Statutes at large shall refuse to take it accordingly in paine to incurre a Praemunire XII If any refuse to take the same Oath upon the second tender or being formerly convicted of maintaining the jurisdiction of the Bishop or See of Rome as aforesaid do commit the like offence the second time in both these cases they shall suffer as in case of high Treason But here there shall be no corruption of Bloud disheriting of any heire forfeiture of Dower or prejudice to the right of any save onely of the offender during his life XIII This Act shall be published every Qu. Sess by the Cl. of the P. and at every Leete by the Steward there and once every Terme in the open Hall of every Inne of Court and Chancery at such times and by such persons as shall be appointed by the Lord Chancellor or Keeper for the time being XIV None of or above the degree of a Baron shall be compellable to take this oath And here also a Peere offending shall be tried be his Peeres Provided that none shall be compellable to take this oath upon a second tender or be in danger by the refusall thereof to incurre the penalty of high Treason save only Clergy-men Officers of Ecclesiasticall Courts or such as shall not observe the Rites of Divine Service do deprave by words or writing the Rites and Ceremonies of the Church of England or do use to say or heare private Masse XV. It shall not be lawfull to slay one attainted in Praemunire S. after 26. XVI Stat. 13. El. 2. It shall be high Treason to obtaine oor put in ure any Bull of Absolution or reconciliation from the Bishop of Rome or to absolve or be absolved thereby XVII The comforters and maintatiners of such offenders shall incurre a Praemunire and their concealers misprision of Treason unlesse within six weeks they discover them to some of the Privy Councell or to one of the Presidents or Vice-Presidents of the Councels established in the North or Marches of Wales XVIII If any shall bring into any of the Queens Dominions any Agnus Dei Crosses Prictures Beads or any such vaine or superstitious thing or deliver or offer the same to any person to be used both the person so doing and the person so receiving the same shall incurre a Praemunire howbeit if the party unto whom tender thereof shall be made apprehend the pary tendring the same and carry him before the next Just of P. or not being able so to do within three dayes after discloseth his name and the place of his abode or resort unto the Ordinary or some Justice of P. within the same County or having received the same doth within one day after deliver it to some such Justice of peace then shall he not incurre any prejudice by reason of this Act. XIX A Just of P. shall disclose the offences aforesaid to the Privy Councell within 14. dayes after he shall have notice of them in paine to incurre a Praemunire XX. Here the triall of a Nobleman shall be by Peeres See after 26. XXI Stat. 23. El. 1. It shall be high Treason to have or pretend to have power or to put in practise to absolve perswade or withdraw any within the Queenes dominions from their naturall obedience to her majesty or to withdraw them for that intent from the Religion now established to the Romish Religion And them also which shall be willingly so withdrawne or reconciled as aforesaid and ther procurers and counsellors thereunto shall be adjudged guilty of the same offence XXII If any having notice of the said offences do not discover them within 20. dayes to some Just of P. or other such Officer he shall be adjudge guilty of misprision of Treason XXIII None shall say or sing Masse in paine to forfeit 200. marks to suffer one yeares imprisonment and not to be enlarged thence till that fine be paid And none shall heare Masse in paine of onw whole yeares imprisonment and 100. marks XXIV Every person not repairing to Church according to the Stat. of 1. El. 2. which see in Sacraments 24. shall forfeit 20. l. for every month they so make default and if they so forbeare by the space of twelve months after certificate thereof made by the Ordinary into the Kings Bench a Justice of Assise G. D. or Peace of the County where they dwell shall binde them with two sufficient sureties in 200 abl at least to the good behaviour from which they shall not be released untill they shall repaire to Church according to the said
yeare nor above 12. d. for making of a bond in paine to for fet 20. l. to be divided betwixt the King and the prosecutor and also to suffer six months imprisonment See Actions popular 15. Wages S. Justices of P. 13 18. Labourers 15 c. Parliament Wagoner S. Holy-dayes 2. Waine-man S. Holy-dayes 2. Wales 1. Stat. 26. H. 6. Just of P. in the Counties next adjoyning to Wales may heare and determine the felonies committed in Wales and in the Marches thereof and how they may proceed therein II. Stat. 27. H. 8.7 The said Justices may heare and determine certaine offences there mentioned of Foresters in Wales about unreasonable customes and how they are to proceed therein III. Stat. 34. H. 8.26 In this Statute is set downe by whom the Justices of P. in Wales are to be appointed how many there ought to be in every County what manner of men they ought to be and how they ought to deale in their office concerning their Sess Certificates Fees Amerciaments and Fines together with divers other matters there mentioned S. Boat-men 1. Warrens S. Hunters Watches 1. Stat. of Winchester 13. E. 1.4 In great Towns walled the gates shall be shut from Sun-set till Sun-rising and none shall lodge without the Town unlesse his Host will answer for him for which purpose the Bailiffes of Towns shall make search once every fortnight at least and if they find any suspicious persons to have been lodged against the peace they shall do right therein II. Betwixt Ascension day and Michaelmas Watch shall be kept all night from Sun-setting till Sun-rising viz. in a City with six men at every gate in a Borough with twelve men and in every Town with six or four men according to the number of the inhabitants there and if any stranger passe by them he shall be arrested till morning and if he will not obey the arrest they shall levie Huy and Crie upon him III. Stat. 5. H. 4.3 Watches shall be made upon the sea-coasts as they were wont to be and in that case the Statute of Winchester shall be observed IV. In every Commission of Peace hereafter to be made this article shall be inserted That the Justices of Peace shall have power in their Sessions to enquire of Watches and to punish them which shall be found in default according to the tenour of the said Statute Watermen S. Boatmen Wax I. Stat. 11. H. 6.12 No Wax-Chandler shall sell or put to sale any Candles or other wares made of wax at a dearer rate then that he may have only iiii d. in every pound of wares over the price of plain wax in pain to forfeit all such waxes put to sale and the value of them sold and besides to make fine to the King II. Justices of Peace Maiors Bailiffes and Stewards of Franchises have power to examine and search concerning the breach of this law and also to heare and determine the offences committed against the same Stat. 23. El. 8. Wears S. Fishing 6 26. Weights and Measures I. Magna Charta 9. H. 3.25 One measure and one weight shall be used throughout England II. Assisa Penis Cervisia 11. H. 3. A Table of the assise of Bread according to Troy weight having twelve ounces in a pound and twenty penny weight in each of those twelve ounces Price of Wheat Penny White Penny Wheaten Penny Houshold s. d. l. oun d. l. oun d. l. oun d. 19 6 1 5 7 2 2 0 2 10 19 20 0 1 4 18 2 1 6 2 9 16 20 6 1 4 10 2 0 14 2 9 0 21 0 1 4 2 2 0 2 2 8 4 21 6 1 3 14 1 11 12 2 7 8 22 0 1 3 6 1 11 0 2 6 12 22 6 1 3 0 1 10 10 2 6 0 23 0 1 2 14 1 10 0 2 5 8 23 6 1 2 8 1 9 12 2 4 16 24 0 1 2 2 1 9 2 2 4 4 24 6 1 1 16 1 8 13 2 3 12 25 0 1 1 10 1 8 6 2 3 0 25 6 1 1 5 1 7 18 2 2 10 26 0 1 1 0 1 7 10 2 2 0 26 6 1 0 15 1 7 3 2 1 10 27 0 1 0 10 1 6 16 2 1 1 27 6 1 0 6 1 6 8 2 0 12 28 0 1 0 1 1 6 0 2 0 2 28 6 0 11 17 1 5 15 1 11 14 29 0 0 11 13 1 5 10 1 11 6 29 6 0 11 9 1 5 4 1 10 17 30 0 0 11 5 1 4 18 1 10 10 30 6 0 11 1 1 4 12 1 10 2 31 0 0 10 18 1 4 6 1 9 16 31 6 0 10 14 1 4 1 1 9 8 32 0 0 10 11 1 3 16 1 9 2 32 6 0 10 8 1 3 12 1 8 16 33 0 0 10 5 1 3 6 1 8 10 33 6 0 10 3 1 3 0 1 8 4 34 0 0 9 19 1 2 15 1 7 18 34 6 0 9 16 1 2 12 1 7 12 35 0 0 9 13 1 2 8 1 7 6 35 6 0 9 10 1 2 4 1 7 0 36 0 0 9 8 1 2 1 1 6 16 36 6 0 9 5 1 1 18 1 6 10 37 0 0 9 2 1 1 14 1 6 4 37 6 0 9 0 1 1 10 1 6 0 38 0 0 8 18 1 1 7 1 5 16 38 6 0 8 15 1 1 4 1 5 11 39 0 0 8 13 1 1 0 1 5 6 39 6 0 8 11 1 0 16 1 5 2 40 0 0 8 9 1 0 12 1 4 18 40 6 0 8 7 1 0 9 1 4 14 41 0 0 8 5 1 0 6 1 4 10 41 6 0 8 3 1 0 3 1 4 6 42 0 0 8 1 1 0 0 1 4 2 42 6 0 7 19 0 11 18 1 3 18 43 0 0 7 17 0 11 16 1 3 14 43 6 0 7 15 0 11 13 1 3 10 44 0 0 7 13 0 11 10 1 3 6 44 6 0 7 12 0 11 6 1 3 3 45 0 0 7 10 0 11 4 1 3 0 45 6 0 7 8 0 11 2 1 2 17 46 0 0 7 6 0 11 0 1 2 14 46 6 0 7 5 0 10 18 1 2 10 47 0 0 7 4 0 10 1â— 1 2 7 47 6 0 7 2 0 10 13 1 2 4 48 0 0 7 1 0 10 10 1 2 1 48 6 0 6 19 0 10 8 1 1 18 49 0 0 6 17 0 10 6 1 1 16 49 6 0 6 16 0 10 4 1 1 13 50 0 0 6 15 0 10 2 1 1 10 50 6 0 6 14 0 10 0 1 1 7 51 0 0 6 12 0 9 18 1 1 4 51 6 0 6 11 0 9 16 1 1 2 52 0 0 6 10 0 9 14 1 1 0 52 6 0 6 8 0 9 12 1 0 17 53 0 0 6 7 0 9 10 1 0 14 53 6 0 6 6 0 9 8 1 0 12 54 0 0 6 5 0 9 6 1 0 10 54 6 0 6 4 0 9 5 1 0 8 55 0 0 6 3 0 9 4 1 0 6 55 6 0 6 1 0 9