lay persons under the degree of a Baron or Peer of the realm are subject to an arrest Lamb. 88. Lamb. 93. Dal. 131 294. Ecclesiasticall persons not attendant upon divine service may be arrested for the peace Lamb. ibid. Lamb. ibid. Constable or Iustice of peace coming to arrest an affrayer if he flie into another house they may in fresh suit break open the doore and take him so if he flie into another County Lamb. 134. All that come to the Sessions for publick service or upon compulsion upon complaint and examination of the matter by oath shall be freed from any arrest upon originall processe Lam. 402. Bayliffe taking above 4 pence for any arrest shall forfeit 40 shill 23. H. 6. cap. 10. Arrest of Riotters vide Riot Arrest vide Sheriffe vide Prison The officer ought to require the party to come and finde surety of the peace before he arrest him by the opinion of 5. Ed. 4. 15. Lamb. 85. Lamb. 90. If one required by the officer upon warrant to finde surety of the peace refuse the officer by vertue of his warrant may convey him to prison Lamb. 86 88. Lamb. 92. Dal. 138. All are subject to arrest under the degree of Barons or Peeres of the realm Dal. 294. Lamb. 93. A Constable taking an affrayer may not imprison him in his house but in the stocks Lamb. 133. Arraignement Arraignement is commonly a compulsory coming of one indicted of a matter touching life or such haynous offence and a pleading not guilty Lamb. 546 517. One coming in freely and indicted of an inferiour offence may be arraigned Lamb. 547. One arraigned of felony if his case will serve may plead a justification or matter in law Lamb. 547. Artificers vide Labourers Assault Assault cannot be made without the offer of some hurtfull blow or at least of some fearfull speech Lamb. 119. Lamb. 126. To rebuke a collectour with foul words so that he depart with fear without doing his office was taken for an assault Lamb. ibid. To strike at a man although he were neither hurt nor hit with the blow is an assault Lamb. ibid. Maker of an assault battery or other trespasse upon the body of another is to be fined Lamb. Servant or workman convicted by confession of two witnesses before two Justices of Peace of maliciously assuulting Master Dame or Overseer is to be imprisoned a yeare and any other corporall punishment saving life and member 5. El. cap. 4. 5 Dal. 61. Cro. 84. a. If another assault me if I may escape with my life it is not lawfull for me to beat the other Dal. 204. An attempt is made to beat a man his wife father or mother or any of his children within age he may lawfully use force to resist it and may justifie the beating of the other Dal. 151. Dal. 205. Yet by opinion of Elyot 12. H. 8. fo 2. 6. it is not lawfull except there be such perill as another is like to perish if there be no help Dal. 205. Edit 1626. Assemblie lawfull vide Unlawfull assemblie Assize of Bread and Beere Any Brewer or Baker or Tipler breaking the Assize of Bread and Ale to be fined 13. R. 2. 8. Lam. 435 459. Any officer taking fine for breach of the Assize of Bread and Ale where there ought to be a corporall punishment is to be fined 13. R. 1. 2. 8. c. Attainder One attainted of felonie may be arraigned for treason committed before or after the attainder Lam. 557 558. One attainted upon an appeal of robbery may be arraigned upon an appeal of robbery at anothers suit Lam. 558. One attainted of felonie by standing mute may after be arraigned of another felonie Lam. 558. One attainted of felonie cannot after be arraigned of another felonie so long as the first is unpardoned unlesse it be in the cases before Lam. 557. After the attainder the felons grant of goods or lands bindeth all persons except the land-lord to whom the escheat Dal. 258. Indictment is when an offence is found by the great inquest or other jury of inquirie Conviction is when the offender is found guiltie by a second jury having put himself to tryall Attainder is when after such conviction judgement is given against the offender Dalt 295. Await lying vide Way-lying Averments No man shall be received to averre or speak against a record Lam. 60. Badgers and Drovers LIcense to badgers and drovers and loaders of corn must be in open Sessions and there regictred and kept by the clerk of the Peace 5. Elis cap. 12. Lam 610. Offences against the statute of badgers and drovers may be enquired of aswell by examination of witnesses as by presentment 5. Elis cap. 12. The forfeiture due to the informer upon the statute of badgers and drovers is to be levied by Fieri facias or Capias awarded by the Justices of Peace 5. Elis cap. 12. Baylment Baylment Mainprise or Replevin is the saving or delivering a man out of prison before he hath satisfied the law so by finding sureties to answer and to be justified by the law Dal. 269. Lam. 330. Lam. 340. He that is bayled is delivered into his sucetics hands to be kept Dal. 269. Cro. 152. b. Stam. 65. a. If the sureties doubt the escape of the prisoner bayled a Justice of Peace upon prayer may discharge the sureties and commit the partie to prison Dal. 269. Cro. 153. a. 157. a. A Justice of Peace may cause the bayled to finde better sureties Dal. 269. Cro. 152. b. It is requisite to take two subsidie men for bayl especially if it be for felonie or suspicion thereof Dal. ibid. To detain a prisoner that is baylable is fineable Dal. 270. To bayl one not baylable is a negligent escape Dal. 270. Justice of Peace bayling contrary to the law or not certifying the bayl and examination of the felon is fineable by the Iustice of Goal-delivery Lam. 345. 1. 2. P. M. 13. Dal. 271. Cro. 167. Lam. 335. Where one is baylable he must offer sureties Dal. 272. For what offences a man is not baylable by a Justice of Peace by the statute of W. 3. Ed. 1. 15. Cro. 156. a. Lam. 345. 1 Abjured the realm Dal. 273. 2 Approver or appellour ibid. 3 Appealed by an approver ibid. 4 Burning a house foloniously ibid. 5 Excommunicat taken at the Bishops request ibid. 6 Felon taken with the manner ibid. 7 A known thief and defamed ibid. 8 Outlawed ibid. 9 Prison-breaker ibid. 10 Traytour to the King himself ibid. 11 Falsifier of the Kings money Dal. 274. 12 Counterfeiter of the seal ibid. 13 Attainted or convicted of felonie ibid. 14 Accessarie to two felonies if one principall be attainted Dal. 275. 15 Death of man if he be principall ibid. 16 Taken upon proces of rebellion issuing our of Chancerie or Starchamber Dal. 276. Lam. 347. 17 Arrested by proces writ bill or warrant in an action personall ibid. 18 Persons convicted of felonie praying Clergie and reprieved
length and breadth and so much for wanting of 4 pound of the weight 5. E. 6. Lamb. 443. Lamb. 470. Deceit in linen Cloth whereby it is become worse for good use is losse of Cloth fine imprisonment for a moneth 1. Eliz. 13. Lamb. 444. Lamb. 471. Offences against the statute concerning the stretching of Northern clothes to be presented by the overseers at the next Q. Sessions after the offence and there to be heard and determiued 39. Eliz. 20. Offences of the Iustices of peace in neglecting their duty by not executing of the statute of deceitfull stretching of Northern clothes to be heard and determined by I. of Assize Commission of the Peace The commission of the peace is determinable at the Pr. pleasure either by expresse word implication or death or by the presence of higher power or by occasion of another office as to be made Sheriffe Lamb. 63 68. Lamb. 66 67. Commission granted hac vice tantùm is determined after once sitting if they do not adjourn the same Lamb. 67. Lamb. 71. A new commission of the Peace hac vice tantùm will determine the old Lamb. 64. 70. Lamb. 68. A commission of the same kinde in the same limits to other commissioners without word of discharge is a revocation of the former by implication Lamb. 64. 69. Dal. 8. Crom. 189. a. Lamb. 67. A proper Iustice is made within a speciall libertie without words of prohibition the Iustice of the shire may meddle there Lamb. 64 69. Lamb. 68. The making of a new commission is no determination of the old till it be read or proclaimed at some Session or in a full county Lamb. 65 70. or at the Assizes Dal. 8. Lamb. 69. The old commission determining by a new no processe or suit hanging before the old commissioners is discontinued thereby Lamb. 66 71. Dal. 9. Cro. 189. Lamb. 69. Accession of a higher title taketh not away the authoritie of a Iustice of Peace Lamb. 66. Dal. 9. Cro. 188. a. Lamb. 70. A new commission to heare and determine fellonies determineth the old commission of the Peace but not concerning the Peace Lamb. 72. A Iustice of Peace in making justification by vertue of his office needeth not to show the commission of the Peace because the keeping thereof belongeth to the Custos Rotulorum Lamb. 387 388. Commons Commons in forrests and elsewhere must be driven yearely within 15 dayes after Michaelmas by the owner or officers on pain of 40 shil a time 22. H. 8. 13. Lamb. 466. Vide plus Horses Common Prayer If any Minister have refused to use the Common Prayer or to minister the Sacraments according to the Book of Common Prayer or wilfully standing in the same have used any other form in open prayer or in administration of the Sacraments or spoken any thing in derogation of the said book or any part thereof for the first offence it is losse of the spirituall living for a yeare and imprisonment for 6 moneths without bayl for the second deprivation and imprisonment for a yeare for the third deprivation and imprisonment all his life 1. El. cap. 2. 23. El. Lamb. 348 402. L. 417. Any having in play song or rhythme or by any open word spoken in derogation of the book of Common Prayer or any thing therein contained or having caused or maintained any Minister to say any other Common Prayer or minister Sacraments in other manner or interrupting any Minister to say open prayer or administer the Sacraments according to the said book he loseth 100 marks or 6 moneths imprisonment without bayl for the first offence and for the second 400 marks or 12 moneths imprisonment and for the third all his goods imprisonment for his life ib. Concealment vide Iurours Confession After a free confession of an indictment and submission to finde in an action at the parties suit for the same trespasse he shall not plead not guilty otherwise of a confession sub modo as when he putteth himself sub gratia Regis Lamb. 500 501 511 512. Lamb. 530. Quaere whether if he once make a sine he shall not be estopped to plead not guilty also Whether the Iust of Peace may drive the partie either to an absolute confession or to his traverse ib. The voluntarie confession of an offender against the statute 1. Jac. 9. 4. Jac. 5. before a Iustice of Peace is a conviction and after confession his oath is sufficient proof against any other offending at the same time 21. Jac. 7. Dal. 26. Edit 1626. Conjuration Conjuration of wicked spirits is felonie 5. Elis 16. 231 399. Lam. 227. Vide plus Witchcraft Conservers of the Peace Coroners are conservers of the Peace and may in some cases imprison Lam. 378 381. Lam. 131 395. Constables Every Constable at the Common law before the statute 3. Hen. 7. 3. and 1. and 2. Phil. Mar. might bail one suspected of felonie by obligation or take suretie of the Peace by obligation or commit him to prison that made an affray till he found sureties Lam. 15. Constables or other officers may lay no hands on two intending to fight till weapons drawn or offer of blow Lam. 132. Constable hurt in parting an affray may have an action against the affrayer so may any other officer but the affrayer can have none against them Lam. Const 15. Lam. 125 135. Lam. 132 133. Constable or officer presented at the Sessions for not endeavouring to part an affray being present shall deeply be sined Lam. 121 136. So if he be told of it being absent Dal. 32. contrà Cro. 146. b. Two fighting in an house the doores being shut the officers may break open the doores to see the peace kept Lam. ibid. Lam. 133. Constable taking an affrayer must imprison him in the stocks not in his house and that till he may provide to carrie him to the goal Lam. ibid. or to a Justice of Peace Dal. 28 and 30. Lam. 133 125. Constable or Justice if need be may command aid of the Kings people for pacifying an affray Lam. 126 137. Lam. 134. Constable or officer may defend himself and apprehend and imprison the partie that shall make an affray upon him Lam. ibid. Dal. 30. Crom. 147. a One Justice of Peace may command that two constables be chosen in each hundred Lam. 175 190. Lam. 186. Vide plus Affray Arrest Rogues High-constables at their pettie Sessions for an affray made in disturbance of the Court may imprison the offenders Dal. 3. edit 1626. Cook 11. 43 44. Choosing of High-constables useth to be at the Qu. Sessions if out of Sessions by the major part of the Justices of that division where they dwel and use to be sworn at the Sessions or by warrant from the Sessions Dal. 44. edit 1626. Conventicles Those are sometimes called conventicles wherein many do impart with others their meaning to kill a man or to take anothers part in all things Lam. 163 173 177. Champertie also maintenance conspiracies
Peace next inhabiting may charge the collectors of a revenue of an Hospitall upon a pain presently to account and to imploy the surplusage to the use of an Hospitall L. 556. 14. Elis Case 5. 39. Elis 18. Hospitality vide Religious house House 1 A mans house is his castle for defence D. 177. 2 It protecteth against any arrest at the suit of any subject ibid. 3 In some cases it is a priviledge against the Kings Prerogative for it hath been adjudged that Salt-peter men may not digge in a Mansion-house without the Kings consent ibid. Theeves or murderers attempting to rob or murder a man in his house he may assemble company kill any of them and forfeiteth nothing ib. He may beat him that will enter upon his possession but may not kill him Quaere if he may hire strangers to aid him or put his ordinary company in armour Dal. 177 178. Vide plus Homicide House of Correction House of Correction with implements and backsides fitting for setting on work idle persons to be erected and provided in a convenient place in every county before Michael 1611. the same to be conveyed over to such as by the greatest part of the Iustices at the Q. Sessions shall be chosen to be imployed for setting on work idle and disorderly persons on pain of 5 pound for every Iustice of Peace the one moytie to the informer the other towards the erecting of the house 7. Jac. 4. Master of the said house to be appointed by most of the Iustices of the Q. Sessions next after providing of the said house who is to set on work and moderately to correct by whipping or fettering such persons as shall be sent to him 7. Jac. 4. Constables shall appeare before the Iustices of Peace twice in the yeare and give account upon oath in writing under the hand of the minister what rogues have been apprehended and how many punished 7. Jac. 4. Master of the house of correction giving sufficient securitie for performance and continuance of his service is to have yearely such money as by most of the Iustices at Q. Sessions shall be thought meet to be paid quarterly by the Treasurer or els the master to levy it in such sort as the Treasurer may 7. Jac. 4. Constables not safely conveying to the house of correction such as by the Iustices of Peace at their meeting for the execution of the statute 7. Jac. 4. shall be sent thither to pay such fine under 40 shill as by most of the Iustices shall be assessed 7. Jac. 4. A woman having a bastard which may be chargeable to the parish for the first offence to be sent to the house of correction one yeare for the second offence to be sent to the house of correction and to remain there till she finde sureties for the good behaviour and not to offend so again 7. Jac. 4. Any able to work and threatning to runne away and leave their families upon the parish upon oath of two witnesses before two Iustices of the said division to put in sureties for discharge of the parish or to be sent to the house of correction 7. Jac. 4. Master of the house of correction quarterly at the Sessions must yeeld account of such as have been committed or is to be fined by most of the Iustices 7. Jac. 4. If any committed become troublesome to the countrey by going abroad or escape without lawfull delivery the master is to be fined by most of the Iustices at the Q. Sessions 7. Jac. 4. All penalties not limitted by the statute 4. Jac. 4. shall be payd to the Treasurer and accounted by him 7. Jac. 4. Vide plus Poore people Hunting One Justice of Peace upon information of any unlawfull hunting of Deere or Conyes by night or with painted faces or other disguising in forrest park or warren may make warrant to the Sheriffe Constable Bayliffe or other officer to take the party suspected and to bring him before him or some other Justice to examine him thereof and if he conceal the hunting or any offender with him therein the concealment is felony in the concealer but the truth confessed is but fineable at the next Q. Sessions 1. H. 7. 7. Dal. 57. L. 191. To disobey such a warrant or make rescous thereupon is felony 1. H. 7. 7. Dal. 57. The Justice of Peace that taketh examination of the offender may after the examination binde the offender to his good behaviour to the end he be forthcoming till the offence and the offenders be lawfully examined Dal. 57. Unlawfull hunting by 3 or more will grow a riot Dal. 57. Any by night or day wrongfully entring into any inclosed ground kept for keeping of Deer or Conyes and there chasing or killing of them upon conviction to be imprisoned 3 moneths without bayl and there to continue till he pay treble damages and costs to be assessed by the Iustices before whom he is convicted or pay to the party grieved 10 pound at the election of the party grieved 7. Jac. 13. and finde sureties for his good behaviour 7 yeares 3. Jac. 13. Lamb. 441. The party grieved or the Iustice of Peace upon satisfaction of the party grieved and confession of his offence and that he is sory for the same in open Sessions may release the offender of his bond for the good behaviour 3. Jac. 13. The statute 3. Jac. 13. doth not promise offenders in parks or inclosed grounds made after the statute without the Kings license 3. Jac. 13. Enquiring hearing and determining of offences against the statute 3. Jac. 13. may be made by the Iustices of Peace and Peace and Goal-delivery at the Sessions and they may award processe upon enditements informations bills of complaint or other actions wherein no essoin c. 3. Jac. 13. Any not having lands of inheritance in his own or wives right of the cleare yearly value of 10 po or for term of life of 30 po per annum or goods to his own use worth 300 po keeping Greyhound to course deer or hare except the sonne of a knight or Baron of parliament or sonne and heir of an Esquire upon conviction by confession or oath of 2 witnesses before 2 I. of P. where the offence is the party apprehended to be imprisoned 3 moneths without bayl except he presently pay to the Churchwardens where the offence was committed or party apprehended 40 shill to the use of the poore of the said parish 1. Jac. 27. Any having lands in fee simple or fee tayl of a 100 po per annum finding any not having lands of 40 po per annum nor worth 200 po in goods to use any gun bow dogs or engines for killing of deer or hare except parker or warrener or owners of either of them or other grounds inclosed for deer or conyes that shall be yearely worth 40 shill may take any their gunnes bowes engines and dogges and keep them to his own use 3. J. 13. Lay person
88. L. 315. Cro. 157. b. But it is referred to the discretion of the Justices how many or how few they will have and in what sort they shall be armed Dal. 88. Lamb. 315. Cro. 64. b. One I. of P. may take power of the county suppresse riotters and need not tarry till his fellows come Cro. 157. b. Dal. 84. Lamb. 184. Constable may take the aid of his neighbour to arrest another upon an affray Cro. 158. a. L. 134. Sheriffe upon a writ of execution returned that he could not execute it for resistance and was amerced 20 marks because he took not the power of the county Cro. 158. a. Preacher He that disturbeth a Preacher of purpose maliciously or contemptuously in Sermon-time is to be bound to his good behaviour and have 3 moneths imprisonment Lamb. 416. 1. M. c. 3. If the disturber of any preacher be arrested and brought before any Iustice of Peace upon due accusation and examination heard either by the arrester or other person he shall forthwith commit the party so taken to custody by his discretion and within 6 dayes after another Iustice joyning in examination they upon confession of the party or conviction of 2 witnesses may commit him to prison for 3 moneths 1. Mar. 4. Lamb. 195 333. Quaere if all the statute of 1. Mar. 3. be not repealed by the generall words at the latter end of the statute 1. Elis 2. Precept vide Warrant Praemunire Refusall to take the oath of the Kings supremacie the first offence is praemunire the second treason 5. Elis 1. Lam. 411. To aid comfort or maintain one that hath committed treason in using of bulls is praemunire 23. Elis 1. Lam. 411. Vide Treason To hold set forth or defend the power spirituall of any forrein Prince or person heretofore claimed used or usurped within the Kings dominions by writing printing preaching expresse deed or act maliciously or directly or to put in use or execute any thing to that end the first offence is praemunire the second treason 1. El. 1. 5. El. 1. enquirable by words of 23. El. 1. Lam. 411. He which aideth any person that putteth in ure any bull writing or instrument of absolution gotten from Bishop or See of Rome c. to the intent to uphold the authoritie of the See of Rome incurreth praemunire 13. El. 21. 23. El. 1. Lam. 413. To bring from the Bishop or See of Rome or any claiming authoritie from it Agnus Dei crosses pictures beads grains or such like superstitious things or to deliver or offer them or cause to be delivered or offered to any of the Kings subjects to use or receive them to such intent and not to apprehend the offender or within three dayes disclose him to the Ordinarie or other Iustice of Peace or within one day deliver the things received to a Iustice of Peace 13. El. 2. 23. El. 1 Lam. 414. The forfeiture in cases of praemunire upon the statute of 16. R. 2. is to forfeit his lands and tenements in fee for ever his lands in tail for his life and all his goods and chattells and to have a perpetuall imprisonment and to be out of the Kings protection Cro. 14. a. Dal. 226. but quaere if he be attainted upon the 27. of E. 3. 1. if he appeare and the day of the praemunire returned Dal. ibid. Edit 1626. A man may not kill him which is attainted in the praemunire by 5. Elis 1. but before he might for they were out of the Kings protection Cro. 15. a. One lawfully imprisoned untill the next Sessions for refusing the oath of alleagiance and there again refusing it incurres a praemunire except married women who are onely to be imprisoned without bail 3. Jac. 4. 7. Jac. 6. Not disclosing nor certifying within 24 dayes the name of him which bringeth any Agnus Dei crosses or pictures to one of the Kings Councell 13. El. 2. is praemunire Breakers of bargains contrarie to the statute of 27. H. 8. provided against usurie shall be punished as Counsellours Atturneys or Advocates in case of praemunire 27. El. 8. Delivering or sending any relief to a Iesuite Priest or other remaining in any colledge of Iesuites incurreth praemunire 27. El. 2. Presentment Presentment is a declaration of the Iurours or Officers without any bill offered before Lam. 405. It differeth from an enditement which is the verdict of the Iurours that be charged to enquire of that offence which is offered Lam. 486. What shall be a good presentment Presentment at a Sessions where the style is in the name of three and the presentment taken by two Lam. 383. Presentment where some of the Jurours be allied or of bloud to him that procureth the enditement but it is no discretion in the Justice to suffer such to be impannelled Lam. 398. Presentment where some of the Jurours be allied or of bloud Presentment of a Jurie of an hundred of an offence done in another hundred 399. Presentment where all were not sworn if the Record be that all were sworn Lam. 399. Where the declaration of the Officers of the Sessions shall have the force of a presentment A Justice of Peace upon his own knowledge of offences against the statute of 2. 3. P. M. cap. 8. 5. Elis cap. 13. of high-wayes Dal. 51. Cro. 125. b. 195. a. Searchers appointed to examine the true making of tile Constable for sundrie points in the statute of Winchester 13. E. 1. Amendment of a presentment vide Venire sacias Priests vide Jesuites Principall and Accessarie vide Accessarie Prison One committed to prison for refusing to finde sureties for the Peace shall remain there till he freely offer and finde them Lam. 93. One committed for denying to finde sureties for the Peace may not be delivered upon the death or release of the partie without help of the Sessions or goal-deliverie Lam. 93. Quaere One imprisoned till he make fine that stood whilest one was slain because he did not his best to attach the murderer Lam. 132. The Sheriffe or Goaler may imprison in his house or in the common goal at pleasure Dal 297. Cro. 169. 8. Lam. 133. Constable cannot imprison in his house but in the stocks and that but untill he may provide convenient aid to convey him to the Justice of Peace or the goal Dal. 297. Lam. 133. Just of Peace cannot commit felons to prisons which be not common goals nor make a goal of their own houses Dal. 197. Lam. 133. 5. H. 4. Justice of Peace may commit to the stocks some offenders against certain penall statutes Dal. 297. Breach of prison is the escape of a felon though not endited out of the goal stocks or possession of any keeper Lam. 229. One imprisoned upon a Capias pro fine is to be delivered upon payment thereof Lam. 574. or upon pledges by recognizances for payment thereof Prisoners Every one who is under arrest for felonie is a prisoner as well without
void 3. Jac. 5. Penalties upon the statute of 3. Jac. 5. against Recusants to be recovered in any his Majesties courts of record by action of debt bill plaint or information without â—ssoin protection or wager of law 3. Jac. 5. Married woman under Baronesse convicted of not coming to Church who doth not within three moneths after conform her self to be committed by two Justices of the Peace one being of the Quorum untill conformitie unlesse her husband pay 10 pound a moneth to the King or the third part of his lands 7. Jac. 6. The penaltie of 12 pence and of 20 pound a moneth shall be both of them payed by a Recusant convict Dal. 104. Cook 11. 63. b. Two Justices of the Peace may require a convicted Recusant of small abilitie who repaireth not to the place of his dwelling or place of his birth there to notifie himself to the Minister and Constables according to the statute of 35. Elis or afterwards remove 5 miles from the same if upon apprehension he conform not within 3 moneths to abjure the realm and assigne him his time and haven 35. El. 2. Dal. 8. The form of the oath You shall swear you shall depart this Realm of England and all other his Majesties dominions and that you shall not return hither or come again into any of his Majesties dominious without license of our soveraigne Lord the King or of his heirs so help you God Dal. 107. Stam. 119. Every such Recusant that refuseth to abjure or after abjuration doth not within the time appointed go to such haven and depart or after such abjuration returneth without his Majesties speciall license in every such case shall be adjudged a felon 35. El. 2. Dal. 108. Lam. 419. The Justices of Peace before whom such abjurations shall be made must presently cause the same to be entred at the next generall goal-deliverie in the said countie ibid. The Bishop of the diocesse or any one Justice of Peace or Minister of the parish where such convicted Recusant shall be may require his submission ibid. Justices of Peace at their Quarter Sessions may require heare and determine of all Recusants both for not coming to Church and not receiving the Sacrament according to law as J. of Assize and goal-deliverie may do and at the Sessions in which such enditement shall be taken make proclamation to render their bodies to the Sheriffe and before the next Quarter Sessions at which if the offender make not appearance of record it shall be a conviction 1. Jac. 4. Lam. 616. Regratour Regratour is he that buyeth live or dead victualls tallow or candles in the market and selleth the same there or within 4 miles â—3 El. 25. Lam. 450. Release Iustice of Peace compelleth one of his own motion to give suretie of the Peace untill a certain day he may by like discretion release it before the day Lam. 110. Dal. 146. Cro. 139. b. Partie bound generally to keep the Peace without any day limited it is for life and no man can release it Lam. 110. Dal. 146. Cro. 142. b. Recognisance is taken at the suit of 〈◊〉 to keep the Peace against him onely A may release it before the same Iustice or any other that will certifie it Lam. 110. Dal. 147. Cro. 139. b. 169. a. That release being certified at the next Quarter Sessions will discharge the partie bound of his appearance so that he shall not be called upon for his recognisance Dal. ibid. Recognisance is taken versus cunctum populum praecipuè versus A yet A may release it before any Iustice tamen quaere Lam. 110. Dal. 147. Cro. 142. b. Recognisance is taken by discretion or upon suit the King cannot release or pardon it before forfeiture Lam. 111. Dal. 147. Cro. 140. b. 141. a. The Peace being released the recognisance must not be cancelled but certified at the Sessions with the release lest peradventure the Peace was broken before the release made Lam. 111. Dal. 144. Cro. 1. Whether the good abearing taken upon complaint may be released by any speciall person quaere Lam 133. Dal. 163. Neither the Iustice of the Peace nor the partie can discharge the recognisance of the Peace by the release out of the Sessions for first the recognisance is made by the King and therefore none but the King can release or discharge it Secondly the recognisance is taken for the parties appearance and the release cannot discharge the appearance Dal. 175. The appearance is requisite notwithstanding any release made first for the safetie of the recognisance secondly that others may object in open Sessions if he have broken the Peace that he may be endited thereupon Dal. 176. F. contra Comp. 139. b. If the Iustices of Peace at the Sessions do certifie the release by this the obliged is discharged and shall not be called upon for his recognisance nor his default recorded for the principall cause of the recognisance was the keeping of the Peace the which is discharged by the release which is certified at the Sessions and then the appearance is but accessarie to the same and the intent is onely that then he should finde new suretie if the partie will not release and this is the common usage Vide plus Recognisance Forfeiture Religious houses The owner of the site of a religious house dissolved must keep a continuall house there or lose 20 nobles a moneth to be enquired of at the Quarter Sessions 27. H. 8. 22. 5. El. 2. Lam. 471. Replevin vide Bailment Rescous of a Felon Rescous is to help a prisoner to get away and if it be a felon it is felonie Lam. 229. Dal. 238 239. Rescous of a felon before arrest is no felonie otherwise after arrest Lam. 230. Dal. 229. Quaere Rescuing a prisoner going to the gallows is felonie Dal. 229. A warrant being granted by a Iustice of the Peace for unlawfull hunting of deer or conies to make rescous thereupon is felonie Dal. 57. Rescous against an officer or person authorised to execute the statute of 39. El. 4. loseth 5 pound and is to be bound to his good behaviour Dal. 101. Restitution of Possession None shall have restitution but such as are put out of house or land Dal. 171. 183. Cro. 162. b. Lam. 153. If it be found upon enquirie that any have entred or held with force contrarie to the statute 8. H. 6. 9. the Iustice of Peace may reseise and put the partie so put out in full possession Dal. 182. Cro. 161. b. The Iustice of Peace needeth not to stay or stand upon the right or title of either partie Dal. 183. Cro. 161. b. 164. a. No restitution is to be made where there was onely a possession in law Lam. 153. In a restitution it is not enough that the putting out be found unlesse the enditement do also contain in it adhuc extra tenet Dal. 183. Cro. 163. b. Lam. 153. Restitution ought to be made to none other then the partie put
There shall be no meeting assemblies or concourse of people for any sports or pastime out of their own parishes on the Lords day nor Bear-baiting Bul-baiting Interludes common playes or other unlawfull exercises within their own parishes upon forfeiture of 3 shillings 4 pence to the use of the poore upon view of one Justice of Peace confession of the partie offending or oath of one witnesse to be levied by warrant of the said Justice under hie hand and seal to the Constable and Churchwardesn in default of distresse the offender to sit in the stocks three houres The offender to be questioned within one moneth 1. Car. 1. Carryers waggoners waynmen drovers shall not travell with horse waggons carts or cattell upon Sunday upon pain of 20 shillings for every offence Neither shall any Butcher kill or sell any victuall upon Sunday on pain of 6 shillings 8 pence upon view of one Justice of Peace confession of the partie or oath of two witnesses the penaltie to be levied by the Constable or Churchwardens to the use of the poore by warrant from any Iustice of Peace by distresse or by any that will sue for the same at the Qu. Sessions in the same Countie within six moneths his reward not to be above the third part 1. Car. 1. Shewing of boots on the Sunday with intent to sell them loseth 3 shill 4 pence and the value of the boots 1. Jac. 22. Lam. 46. Supersedeas Supersedeas is sufficient though it heither name the sureties nor contain the summe wherein they are bound but it is better if it do both Lam. 96. Dalt 139. Supersedeas delivered to the officer if he urge new sureties the partie may refuse and if he be committed he may have his action Lam. 99. Dal. 139. Supersedeas out of the Chancery will discharge suretie of the Peace in the Kings Bench and either of them a precept for the peace awarded by a Iustice of Peace and an attachment lyeth against him if he surcease not and he may be imprisoned and fined for it Lam. 99. Dal. 140. Supersedeas received by a Iustice of Peace out of an higher court he should forbear to make any warrant or if one be made to send out his Supersedeas to the Sheriffe or other officer to desist to put it in execution Lam. 99 100. Supersedeas out of the Chancery is to be certified at the next Sessions together with the recognisance for the Peace if the Supersedeas do testifie that he hath found suretie in the Chancery onely unto a certain day which day it after those Sessions if the Supersedeas come to his hands after his recognisance taken Lam. 13. Dalt 140. Supersedeas for the good abearing quaere if it be granted by a Iustice of Peace Lam. 123. Dalt affirmeth it 164. Cro. 237 a. A Supersedeas made by a Iustice of Peace and returned under his seal is a sufficient record to prove a recognisance taken for the Peace and warrant to call the partie bound and if he make default to record the same Lam. 97. If a Iustice of P. will by a Supersedeas discharge a Precept for the Peace awarded by another by vertue of his office and not by Supplicavit the recognisance would be taken according to the form of the Precept Lam. 96. Dal. 139. Certiorari to remove a record is in it self a Supersedeas to the Iustice yet the partie may have a Supersedeas to the Sheriffe that he arrest him not upon the Iustices record Lam. 515. Whether the Iustice ex officio after a Certiorari ought to award their Supersedeas to stay proceeding upon their record quaere Lam. ibid. An exigent awarded against one indicted of a trespasse before the Iustices of Peace may be stayed by Supersedeas out of the Chancerie upon suretie found there to appeare the day in the Writ though he be taken upon it Lam. 326 327. So by Supersedeas granted by two Iustices of Peace one being of the Quorum testifying that he hath found sureties al. fine assidendo ibid. By one Iustice of Peace Dal. 176. Cro. 334. If a Supersedeas be directed to the Iustice of Peace and Sheriffe the Iustice to whose hands it shall be delivered may keep it and deliver the libell to the partie Dalt 140. Supersedeas granted for the Peace or good behaviour out of the Chancery or Kings Bench is void unlesse it be upon motion in open Court and upon sureties of five pounds in lands or 10 pounds in goods in subsidie Whether the partie bound sending the Supersedeas to the Sessions be discharged of his appearance there quaere Dal. 140 141. Lam. 113. Supplicavit He onely to whom the Writ of Supplicavit is delivered must execute it Dal. 153. The Iustice that receiveth the Writ may make the Warrant to the Constable or other partie and indifferent and if he refuse to finde sureties to carry him to prison Dalt 153. The partie attached can be bound onely before him that sent out the Warrant Dalt 153. The Iustice is to execute the Supplicavit as it directeth Dal. ibid. If the summes be left to discretion it is safe to take good summes Dalt ibid. After sureties taken the Iustice may make him a Supersedeas Dalt 153. The Iustice needs not return the Supplicavit nor make certificate untill a Certiorari do come to him Lam. 10. Dalt 157. Supremacie To refuse the oath of Supremacie the first offence is Praemunire the second Treason 5. Elis 1. Suretie of the Peace Suretie of the Peace is the acknowledgement of a recognisance to the King taken by a compettent Iudge of record for the keeping of the Peace Dal. 127. Every Iustice of Peace may take and command the Peace either as a Iudge or a Minister Dalt ibid. Iustice of Peace may command suretie of the Peace either of his own discretion or at the prayer of another In what cases a Justice of Peace may command suretie of the Peace by his own discretion Dal. 128 129. 1 One that maketh an affray upon the Iustice himself or an assault 2 Such as in his presence make an affray upon another or offer to strike another 3 Such as in his hearing shall threaten to kill beat or hurt another or to burn his house 4 Such as in his presence contend onely in hot words 5 Such as in his presence go or ride armed offensively or with unusuall number of servants or attendants And servants and labourers that bear any weapons contrary to the statute of 12. Ric. 2. 6 Any person by him suspected to be inclined to break the Peace 7 If the Constable bring one before him that shall threaten to kill maim or beat another 8 If the Constable bring one who in his presence attempted to break the Peace by drawn weapon striking or assaulting another 9 Whom the Constable findeth fighting or quarrelling in a house he may break open the doore and bring them before a Iustice of Peace to be bound 10 He may make his warrant
for such as have made an affray and binde them to the Peace 11 If one have received a wound he may binde the one and the other till the wound be cured and the malice over 12 Such as go or ride armed offensively to faires or markets or wear or carrie dags or pistols charged 13 Common Barretours 14 Rioters 15 Him that standeth bound to keep the Peace and hath forfeited his recognisance by breach of the Peace and will not be bound again till he be convicted and the forfeiture levied Dal. 129. Yet Crom. 141. saith that he may be bound anew if he be onely convict for breaking the Peace 16 Him that standeth bound if his sureties be insufficient Iustice of Peace is to send to prison him that refuseth to give sureties untill he finde sureties Dal. 129. Lam. 17 Iustice of Peace may cause one to be arrested to finde suretie of the Peace against another and grant a warrant for it for he might have bound him of his own authoritie Dal. 129. At the request of another he may command suretie of the Peace but must first take an oath of the partie that demandeth the Peace that he standeth in fear of his life or of some bodily hurt or to have his house burnt Dal. 130. Lam. Causes to procure suretie of the Peace 1 He that is threatned to be hurt in bodie as to be beaten wounded maimed or killed Dal. 130. 2 He that feareth another will beat wound maim or kill him Dal. 130. 3 He that feareth another will burn his house Dal. 130. 4 He that feareth that A will procure another to hurt him in his bodie or burn his house Dal. 130. 5 If a man lie in wait to beat kill or hurt another Dal. 130. Quaere if he threaten to burn his goods In what cases a man shall not have the Peace granted 1 To threaten and to imprison him Dalt 130. Lam. Crom. 135. Quaere tamen 2 Where one is in fear that a man will hurt his servant cattell or other goods Dal. 130. Crom. 138. a. 3 Because he is at variance with his neighbour Dalt 131. 4 Where there is no fear of present or future danger Dal. 131. Lam. 5 For a battery past yet a Iustice if he see cause may binde over the affrayers Dal. 131. Lam. Iustice of Peace may denie to grant suretie of the Peace if it be upon meer vexation yet if the partie will take his oath it is not safe to denie it Dal. 131. Against whom suretie of the Peace may be granted Against a Knight or any person under the degree of a Baron Dal. 133. Against any Ecclesiasticall person not doing divine Service in the Church or Churchyard or other place dedicated to God Dal. 133. One Iustice of Peace may grant the surety of the Peace against his fellow Iustice Dal. 133. One Iustice of Peace may demand the Peace against another man The wife may demand the Peace against her husband if he threaten to kill her or outragiously beat her or have notorious cause to fear it and the husband may crave the Peace against his wife Dal. 133 134. The Peace may be granted to a feme-covert or an infant under the age of 14 yeares if he have discretion to crave the Peace but they must be bound by sureties Dal. 134. A lunatick may crave the Peace and have it granted him Dal. 134. It may be granted against one attainted either of treason or of felonie Dalt 135. or convict of heresie Dal. 163. It may be had against an excommunicate person Dal. 135. and an abjured person ibid. It may be had against one attainted in Praemunire and against an alien either made denizon or living in England It may be had against one dumbe and blinde so against an impotent person Against whom the Peace cannot be granted 1 It cannot be granted against any Nobleman or Noblewoman Dal. 131. 2 Against one non sanae memoriae 3 Against one born dumbe and deaf or made blinde and deaf accidentally he may have understanding and the Peace may be granted to him or against him Dalt 163. How the suretie of the Peace is to be commanded and executed A Iustice of Peace may command the Peace by word and by writing By word The partie being present in the presence of the Iustice of Peace threatneth or maketh an assault or affray upon another or doth any other act tending to the breach of the Peace Dal. 136. Cro. 138. Lam. One demandeth the surety of the Peace being present and taketh his oath he is affrayed c. the Justice may command the other to finde surety Dal. 136. Cro. 138. b. Lam. The Justice in such cases may command the Constable or other known officer or his own servant being present to arrest such party to finde surety of the Peace and may commit to the Goal such party refusing to finde surety Dal. Cro. Lamb. ibid. By writing The Justice by precept or warrant in writing under his seal directed to some known Officer or other indifferent person containing the cause and at whose suit to the end the parties may provide the sureties and take them with them Dal. 136. Lam. The Justice may make his warrant to bring the party before him but the usuall manner is to bring the party before the same Justice or some of the Justices of the County Dal. 136 137. 288. Who may serve the Warrant vide Warrant The Constable is first to acquaint the party with the matter in the Warrant and if he refuse to go before the Justice to finde sureties he may arrest him and carry him to the Goal without carrying him to the Justice Dal. 137. Lam. If the party yeeld to finde suretie the Officer is not bound to go up and down with him but may keep him untill he can procure sureties to come to him if afterward he make resistance or offer to go away he may by his warrant carry him to the Goal and set him in the stocks till he can get ayd to convey him to the Goal Dal. 137. The arrest is not justifiable except the Officer do carry him to the Goal that refuseth to finde sureties Cro. 171. b. Dal. 138. The party may go before any other Justice if the warrant proceed ex officio to offer the sureties but cannot force the Officers to travell out of the division where they dwell Nay it is at the election of the officer to carry the party to any other Justice rather then to give the election to the delinquent Dal. 138. The party coming before the Iustice is to offer his sureties or else the Iustice is to commit him for the Iustice needeth not to command them Dal. 137. If the party refuse before the Iustice of Peace to finde sureties the Officer by the first Warrant may commit him Dal. 138. The Officer is fineable if he arrest the party and do not carry him before a Iustice of Peace if he be willing to finde sureties secondly if upon refusall they arrest him and do not carry him to the Goal Dal. 138. The party being imprisoned the Iustice of Peace may make him his libertie first if the complainant die secondly if he do enter suretie of the Peace Dal.
b. Stam. 26. An idiot lunatick dumbe and deaf person and an infant are chargeable in larcenie after the same sort as they are chargeable in homicide Dal. 237. Lam. 282. Vide Manslaughter Threatning He that shall be threatned to be hurt in his bodie to be beaten wounded impaired maimed killed may crave and have the Peace against the other Dal. 130. Lam. 82. If a man be threatned to have his house burned quaere if he may have the Peace Dal. 130. To threaten to imprison a man is no cause of the craving of the Peace for the wronged may have his action of false imprisonment his Writ de homine replegiando Dal. 130. Lam. 82 83. Quaere To enter peaceably into an house c. and put out B and presently threaten and say to B that if he do come thither again to enter he will kill him this seemeth a forcible entrie and if B come again to make his entry then if the other shall threaten to kill him if he entreth it is a forcible detainer Dal. 170. Cro. 70. b. Tile-making One Iust of P. may enquire heare and determine by his discretion as well by examination of the offender as otherwise the offence committed in tile-making and assesse the fine therein limited may appoint men skilful to be searchers Quaere tamen whether one may do it alone Lam. 193 194. Dal. 123. 17. E. 4. 4. Earth for tile is to be digged before the first of November and to be turned and stirred before the first of February following and to be tryed from stones veins chalk and not to be wrought before March following or lose double the value to the buyer 17. E. 4. 4. Lam. 468. Plain tile put to sale is to be 10 inches and an half long 6 inches and a quarter broad 3 quarters of an inch thick or lose 5 shillings a thousand 17. E. 4. 4. Lam. 468. Roof tile must be 13 inches long half inch and half quarter of an inch thick conveniently deep or lose 6 shill 8 pence an hundred ibid. Gutter tile must be 10 inches and an half long of convenient breadth depth and thicknesse or lose 2 shill an hundred ibid. Searchers of tile for every default in searching lose 10 shill ibid. Tipling The Inne-keeper Victualler or Alehouse-keeper that suffereth any to continue tipling in his house shall forfeit 10 shill 1. Jac. 9. 7. Jac. 10. 1. Car. 4. Lam. 192. Any continuing tipling in an Inne Victualling-house or Alehouse shall forfeit 3 shill 4 pence to the poore or not being able to pay the same shall sit in the stocks 4 houres 1 Jac. 9. 7. Jac. 10. 21. Jac. 10. Lam. 193. Vide Alehouses Tithes Two Justices of Peace one being of the Quorum upon complaint by any competent Judge of tithes for any misdemeanour of the defendant in a suit of tithes may cause him to be attached and committed to ward till he finde surety by recognisance to obey the sentence and processe of the Judge 27. H. 8. 20. 27. Elis 11. Dalt 113. Lam. 357. Upon complaint in writing by an Ecclesiasticall Judge that hath given definitive sentence in case of tithes against one wilfully refusing to pay the tithes or summe of money adjudged two such Justices of Peace may cause the party to be attached and imprisoned till he finde surety to perform the sentence 32. H. 8. 20. Dalt 113. Cro. 197. a Lam. 357. Toll Miller taking Toll by heap measure is to be fined 31. Ed. 1. de pistoribus Lam 461. Miller taking excessive Toll viz. more then the twentieth or twenty fourth part of the Corn according to the force of the water or by a Toll-dish not agreeing with the Kings measure or otherwise then by strike shall be grievously amerced 51. H. 3. Cro. 92. a. A Miller shall have toll of a bushell of hard Corn 3 wine pints and of a bushell of Malt but one pint if the Corn be brought to the Mill for that a Mill will grinde 3 bushels of Malt as soon as one bushell of hard Corn. Cro. 92. a. Quaere for 51. H. 3. doth not expresse so much Vide Dalt 117. Toll-gatherer for himself taking above a peny for one contract or entring the parties names and that in the same place onely where the market or fair is and between 10 of the clock in the morning and sunne setting loseth 10 shill and is to answer the party grieved 2 3. P. M. 4. Lam. 471 472. Toll-taker not knowing the seller of an horse mare c. the seller may bring one credible witnesse that will testifie he knoweth the sellers name mystery dwelling-place and there to enter them with the true price of the horse or loseth 5 pound 3. Elis 12. Cro. 19. a. Lam. 472. Any giving testimony to the toll-taker unlesse he do truely know the same loseth 5 pound ibid. Toll-taker refusing to give to the buyer or taker of such an horse c. a true note in writing of his entry the party paying 2 pence for the same loseth 5 pound ibid. Transportation Every man may transport corn it being at the prices following except it be forbidden by proclamation 1. Jac. 25. Wheat a quarter 26 shill Rye and Pease 15 shill Barley and Oats 13 shill Every subject born within the Realm when the prices of corn at the times places and havens when and where the said corn shall be brought shipped or laden exceed not the rates following may carry and transport of his own and buy to sell again in markets or out of markets and to keep or sell or carry or transport any of the said corn from the places where they shall be of such prices unto any parts beyond the seas in amity with his Majesty in English vessels or carry or sell in English vessels or carry or sell in other places within the realm except where such transportation shall be forbidden by the Kings Proclamation 3. Car. 4. Wheat a quarter 22 shill Rye Pease and Beans 20 shill Barley 16 shill Every man may transport any beer when the price of a quarter of Malt exceedeth not 16 shill 3. Jac. 11. Traverse Traverse is the denying of the chief matter in an enditement Lamb. 540. Traverse upon a forcible entry or detainer found upon presentment quaere before whom the traverse is to be made or tendred Lam. 158. Notwithstanding offer of traverse upon enquiry of a force the Justice of Peace must make the restitution by the statute of 8. H. 6. or else deliver or certifie the presentment in the Kings Bench. Lam. 158. Dalt 45. 93. 189. Traverse lyeth where one Iustice of Peace alone will take upon him to record a Riot that he seeth and the party shall not be concluded thereby Lam. 182. Traverse of an enditement of felony or treason is not usuall Lam. 541. Traverse of an enditement may be before the Iustice of Peace Lam. 542. If the Court where the presentment is cannot award processe thereof it cannot
viz. 1 He must go to the place Dal. 41. Lamb. 2 Take sufficient power of the county or of the Town and the Sheriffe also if need be aswell to arrest offenders as also for removing of the force and for conveying them to the goal Dal. ibid. Lam. 3. Arrest and remove all offenders and take their weapons and prize them for the King Dal. ibid. If the doores be shut and entrance denied he may break open the house Dal. 42. Quaere The Justice cannot arrest or remove them if he finde no force except by enquitie Dal. 42. The Justice ought to make a record of the force and either keep it by him or indent it and certifie one part either into the Kings Bench or to the Clerk of the Peace and keep the other Dal. 42. The record of the Justice is a sufficient conviction of the offender and is not traversable ibid. The Justice ought to commit immediately to the next goal those which he findeth continuing the force untill they pay their fine ibid. 91. or forfeit an â—00 pounds ibid. But such force must be in the presence or view of the Justice The Justices or some of them that see the force are the proper Judges of that offence and may assesse the fine but it must be upon every one severally Dal. 91. and is to be estreated into the Exchequer upon which assessing and estreating the partie is to be delivered Dal. 43. And so upon payment of the fine to the Justice or recognizance for payment Dal. 43. Quaere for the Sheriffe is accountable for all fines Or the Justice may record the force commit the offenders and certifie the record to the J. of Assize or to the Sessions and there the offenders fined Dal. 43. Cro. 161. a. But ought more properly to be assessed by them that record the force Dal. 91. Cro. ibid. and to be of value Or the Justice may certifie the record into the Kings Bench referre the fine thither Dal. 43. which Lambert thinketh the best course The fines must be reasonable secundum quantitatem qualitatem delicti The force ought to be inquired of in some good place or town neare where the force was Dal. 43. and that within a moneth if it be a riot 92. One Justice may enquire Dal 43. Enquirie may be though the offenders be not present or though the Justice go not to see the place where the force is Dal. 43 44. Lamb. 152. Without enquiry there can be no restitution Dal. 44 183. Cro. 161. b. 164. a. Upon enquirie making the Iustice must direct his precept to the Sheriffe to summon 24 of 40 shil a yeare land per annum Dal. 182. Upon default the Iustice may award an alias and pluries infinite till they come The Sheriffe at the day of the second precept must return 40 shill in issues upon every one at the third writ five pound and at every day after the double 8. Hen. 6. 0. 9. If any jurour have not 40 shill land yet the enditement is good for the King Quaere if there shall be restitution Dal. 182. Lam. 152. Returning of smaller issues then the statute hindreth not the enquirie Dal. ibid. Lam. ibid. Upon enquiry the Iustice may make restitution Dal. 44 182. wherein the Iustice needeth not to examine the title Dal. 183. Lamb. 156. A restitution before inquisition ibid. Cro. 161. 8. 164. â— In the enditement not onely the entry but also the putting out must be and adhuc extra tenent Lam. 153. for lack of these words no restitution can be made Dal. 44 181. Cro. 163. 8. Lam. The enditement must be good both in matter and form Dal. 183. the words manuforti or cum multitudine are necessarie ibid. The enditement must expresse the qualitie of the thing whether messuage cottage c. tenementum may extend to either and so entertain Dal. ibid. If restitution be made by a Justice upon an insufficient enditement the Kings Bench will restore the other Dal. 184. Cro. 162. a. If errour be in the enditement any two of these Justices which were at the taking of the enditement upon prayer of the partie may grant a supersedeas to stay restitution if restitution be not made Dal. 184. Cro. 165. a. But no Justice not present can grant a supersedeas ibid. The Justice may make restitution or give warrant to the Sheriffe or certifie into the Kings bench and leave the award of restitution to that Court Dal. 44 185. Lam. 156. None can grant restitution but they before whom the force was found Dal. 44 185. except the Kings Bench. None can personally restore the partie but he that took the enquirie Dal. 185. But by precept to the Sheriffe Lam. 158. After enquirie the Justice of Peace may break into the house by force and put the ejected into possession Dal. 44. If restitution be made without enquirie it is punishable in the Starrechamber Dal. 45. Restitution must onely be made to him that was put out Dal. 45 185. Restitution is to be made onely of house and land Dal. 183. but not of rent common or advowson 45. Restitution may be made notwithstanding a traverse Dal. 45. but upon tender of traverse the safest way for the Justice is to certifie the presentment into the Kings Bench. ibid. If the Justice upon complaint or notice given of a force do not remove the force record it and commit the offenders it is punishable in the Starre-chamber Dal. 45. The offenders being gone the Justice may send his warrant and commit them till they finde suretie of their good behaviour Dal. 45. If force be made by three it is a riot Dal. ibid. The proceedings upon a writ upon the statute of Northampton 2. Ed. 3. 3. 1 The Iustice of Peace to whom this writ is delivered is but a minister therein and coming to the place where the force is supposed by the writ he may cause 3 O yes and then make proclamation for silence prout Dal. 46. Cro. 72. a. b. Lam. 168. 2 Then may he reade or cause the writ to be read or declare the effect thereof 3 Then let three O yes be made and make proclamation again for the peace prout Dal. 47. Cro. 42. b. Lam. 4 Either enter and search for armour or enquire by jury ibid. All that remain after proclamation are to be imprisoned and the armour apprized ibid. If upon proclamation they depart they are not to be imprisoned The execution of the statute of Northampton without writ Every Justice of Peace may execute it ex officio without writ Dal. 47. Cro. 72. a. The difference in the manner of execution is that without writ there needeth no proclamation nor certificate into the Chancerie but the Justice may enter search commit the offenders there found apprize the armour record all what he shall do and thereout send an estreat into the Exchequer Dal. 47 48. Cro. ibid. The Justice cannot make restitution to the partie outed but
recognisance ex officio to appoint or allow the number of the sureties their sufficiency in goods and lands the summe of money and how long he shall be bound Dal. 141. Lam. 100. If a Justice of Peace be deceived in the abilitie of the sureties he may compell the partie to put in another Lam. 101. Recognisance of the Peace without expressing in the condition that it was for keeping of the Peace seemeth void Lam. 103. Dal. 142. So it is if a recognisance be that a recogniser shall not maim or beat A without expressing keeping the peace Lam. 103. Dal. 142. Recognisance comprehending no time of appearance but generally to keep the peace is good Lam. 103. Dalt 144. Recognisance for the peace upon a supplicavit is not of necessitie to be returned untill certiorari Lam. 109. Dalt 144. Recognisance taken to keep the peace against one especially quaere if it be good Lam. 104. Dal. 143. Recognisance taken ex officio may be removed by Certiorari Lam. 109. Dal. 145. Recognisance not forfeited is discharged by the death of the King the cognizer or the partie suing for it if it were against him alone Lam. 113. The sureties dying the recognisance is good against the executours Lam. 113. Recognisances taken are to be certified notwithstanding the death of the King Lam. 113. or of the recognizer or of the partie at whose suit it was granted Lam. 113. The recognisance being forfeited the Justice shall in discretion require new sureties or commit him to prison Lam. 114. Recognisance of the Peace brought into the Custos Rotulorum and not pursued may be called upon for the King by the Clerk of the Peace ibid. Justice of the Peace cannot award processe upon a forfeited recognisance but it must be certified into the higher court except recognisance for alehouses Lam. 589. Dal. 144. Cro. 167 and the cause of the forfeiture Dal. 172. Recognisances or examinations taken concerning suspects or felons are to be certified at the next generall goal-delivery 2. 3. P. M. 10. Lam. Recognisances taken by a Iustice of Peace ex officio are to be brought into the Custos Rotulorum at the next generall Sessions Lam. 109. Dal. 144. Cro. 139. a. but no pain by the statute of 3. H. 7. 1. if he do not None but the King can pardon a recognisance once forfeited Lam. 113. Reconciliation vide Treason Records Records be nothing else but memorials or monuments of things done before Judges that have credit in that behalf Lam. 63. If a record say any thing no man shall be received to averre or speak against it Lam. 63. The Judges may correct or amend any record in the term wherein the record is to be made but after they have no power at all over them Lam. 64. Dal. The record or testimonie of a Justice of Peace is in some cases of greater force then an enditement of a Iury and against it the partie shall not be admitted to traverse Lam. 65. Embezelling of a record is felonie but not to be dealt withall by a Iustice of Peace Lam. 231 549. Precepts for suretie of the Peace speciall records for conviction of forcible entries made out of the Sessions are not records of Sessions Lam. 389. Records of causes determinable at the Sessions taken by the Iustices of Assize at their goal-deliverie as Iustices of Peace are to be left with the Clerk of the Peace to be brought to the next Sessions of the Peace Lam. 391. One pleadeth a record before other Iustices by way of justification the Iustices ought to give him day to bring in the record Lam. 523. A Justice of Peace upon a Commission being convicted by oath of twelve men of embezelling wilfull rasing of an enditement or maliciously inrolling that for an enditement which was not found or changing an enditement of trespasse into an enditement of felonie loseth his office and shall be fined and imprisoned according to his offence Recusants Wilfully absenting themselves from Church 12 moneths contrary to 1. Elis 2. and convicted being of 16 yeares of age are to be bound to the good behaviour upon certificate of one Iustice of Peace to the Kings Bench 1. Elis 2. besides other penalties 23. Elis Dalt 80. Every Iustice of Peace may give notice to any person to forbear to receive or keep such as shall obstinately refuse to come to the Church by the space of a moneth 35. Elis 1. Heir of a Recusant being a Recusant at his ancestours death conforming himself and taking the oath of supremacie made 1. Elis before the Archbishop or Bishop of the Diocesse shall be free from penalties for the recusancie of his ancestour 1. Jac. 4. Heir of a Recusant being under 16 yeares at the death of his ancestour at or after 16 yeares becomes a Recusant he is not to be freed of his ancestours penalties for recusancie till conformitie as afore said 1. Jac. 4. Two parts of Popish Recusants lands being seised for payment of 20 pound a moneth the third is not to be charged with it but is to descend to his heir and the two parts to remain in the Kings hands till he be satisfied thereof both for the ancestour and heir 1. Jac. 4. Any sending his children beyond the seas out of the Kings dominions to any religious house to be instructed or strengthened in Poperie loseth 100 shill and the person so going or being there and not returning in one yeare is disabled to inherite purchase or take any lands or goods in his Majesties dominions till conformitie 1. Jac. 4. Estates in trust for benefit of any sent beyond the sea to any religious house to be instructed in Popery are void 1. Jac. 4. Forfeitures upon the statute of 1. Jac. 4. against Popish Recusants half to the King and half to the suer in any the Courts of record at Westminster by action of debt c. 1. Jac. 4. Popish Recusant conforming himself in coming to Church according to the law and after convicted for nor receiving the Sacrament once every yeare loseth for the 1 yeare 20 pound for the second yeare 40 pound for the third yeare 60 pound And if after conformitie in receiving the Sacrament he offend therein he loseth for every offence 60 pound one moytie to the King the other to the informer to be recovered in any of the Kings Courts at Westminster or before the Iudges of Assize or Iustices of the Peace at their Qu. Sessions by action of debt c. 3. Jac. 4. Lam. 418. Constables and Churchwardens or for want of them the high Constable once every yeare are to present the monethly absence of Popish Recusants from Church with the names of the servants and children above 9 yeares old or lose 20 shill for every offence and upon their conviction to have 40 shill out of their goods 3. Jac. 4. Clerk of the Peace is to record the presentment of Constables and Churchwardens for monethly absence from Church without fee or loseth 40. shill
out Dal. 183. Cro. 162. b. Dal. 183. Lam. 153. After the entring or detaining with force found the Iustice of Peace may by himself or precept to the Sheriffe under the test of himself alone restore the partie grieved to his possession Dal. 185. Lam. 156. None can make restitution but they before whom the enditement is found but the Justices of the Kings Bench either upon certificate made by the J. of P. before whom it was found of the presentment or if the said presentment or enditement be removed by Certiorari Dalt 185. Lam. 157 158. If the Sheriffe return upon a precept or writ of restitution that he cannot make restitution for resistance he shall be amerced for he may take the power of the county Dalt 185. Lam. 157. Cro. 163. b. Justice of Peace before whom the presentment was made dieth before restitution quaere whether the Justices at the Sessions can award it Lam. 155. Justices of Peace ought not to award restituion where the enditement is sufficient in law either in matter or form Dalt 183. In the enditement 1. not onely an entrie must be but also a putting out 2. the enditement must expresse the qualitie of the thing viz. whether it be messuage cottage medow pasture wood or land arable 3. it must say Et adhuc extratenent 4. Expulerunt adhuc extratenent 5. one of these two words manu forti or cum multitudine Dalt 183. Cro. 169. b. Lam. 153. If errour or insufficiencie be in the enditement taken before Justices of Peace restitution awarded any two Justices of those that were present at the taking thereof may at another Sessions or without Sessions grant a supersedeas if the Sheriffe have not made restitution before Dalt 184. Cro. 162. a. If restitution be made by Iustice upon insufficient enditement and it be removed into the Kings Bench the court will restore the partie put out by the Iustice of Peace Dalt 183 184. Cro. 168. a. 1. No restitution upon an enditement to be made if the party endited hath had the occupation or been in quiet possession three yeares together next before the day of the enditement found and his estate not ended which the partie may alledge for stay of restitution untill it be tried if the other will traverse or denie the same 31. Elis cap. 11. Dal. 188. 2 Certiorari 3 A traverse quaere Lam. 158. 4 Insufficiencie of the enditement 5 Insufficiencie of the Iurours not having 40 shill land by the yeare Quaere Iustice of Peace upon enditement found may give restitution as formerly to free-holders to tenants for yeares by copie of court guardians in Knights service tenants by elegit stat merchants or staple 21. Jac. 15. Dal. 201. Restitution of stollen goods He that hath goods stollen if the felon be thereof endited and arraigned and found guiltie thereof or otherwise attainted by reason of evidence given by the partie robbed or the owner of the goods or other by their procurement then the goods shall be restored though they never made fresh suit Dalt And the Iustices have power to award writs of restitution 21. H. 8. 11. Lam. 586. Dal. 262. Cro. 191. a. Executours shall have restitution after attainder or conviction upon evidence by their means given Dalt 262. Three are robbed restitution shall be onely to such for whose goods the felon was endited Dalt 263. Cro. 191. a. A felon stealeth from feverall men is attainted onely at the suit of one the King shall have the goods of those at whose suit he was not attainted Dal. 263. There be divers theeves and onely one principall is attainted the robbed shall have restitution Dal. 263. If the felon sold the stollen goods in market overt or in a fair no restitution except he that bought them were privy to the felony ib. Cro. 191. a No restitution of stollen goods if he know not the felon Dal. 263. No restitution if the felon leaveth the goods and escapeth and the Lord of the manour seiseth them Dal. 263. If the felon had not the goods in his possession when he fled but left them elswhere they are not waived but the owner may take them wheresoever he findeth them Dal. 263. Cook 5. Return Recognisance taken upon supersedeas ought to be returned at the next Qu. Sessions Supplicavit is to be returned into the court whence it came Lam. 107 Return of a recognisance upon a supplicavit is not of necessitie till Certiorari Lam. 109. Return of Iurours vide Iurours Vide Recognisance Release Certificate Riots Riot is where three or more persons be disorderly assembled to commit with force any unlawfull act and do accordingly execute or attempt the same Lam. 176. Dal. 192. Cro. 61. a. What assemblies shall not be said a Riot 1. Sheriffe or Bailiffe leavie people to serve the Kings writs Lam. 178. Dal. 192. 2. Constable gathereth assistance of men with weapons to part an affray Lam. 178. 3 A man threarened to be beaten in his house assembleth company with force or otherwise or threatened to be beat as he goeth to market Lam. 179. Dal. 194. Cro. 69. a. 4. Many assemble together and they know not to what end Lam. 179. Dal. 192. Cro. 61. b. 5. Many assemble at a Church-ale or at a Christmasse dinner and they suddenly fall out and fight Lam. 179. Dal. maketh quaere 193. 6. A number of women and children under the age of discretion stock together for their own cause unlesse moved by a man of discretion to do some unlawfull act Lam. 180. Dalt 196. 7. To gather meer company to carry away a piece of timber which will not be moved without a good many whereto I pretend right though in law it be anothers Lam. 178. yet if he use threatening words as to say he will have it in spight of the other or though he die for it his doing may then become a riot ibid. Dalt 195. 8. To meet to drink at an alehouse to play at football bucklers bear or bul-baiting dancing bowls cards or dice or such like disports Dalt 193. Cro. 61. b. Lam. 178. 9. To use harnesse on Midsummer day at night in London or on May-day in the counney Lam. 178. Dalt 193. Cro. 64. b. The master intending a riot taketh with him his ordinary servants who know not his intent it is no riot in the servants Lam. 179. Dalt 192. Cro. 61. b. 62. a. A Iurie falleth out and fighteth it is no riot Dal. 192. Lam. 180. If any assemble for any disports as aforesaid with intent to break the Peace and make an affray or do other outrage it seemeth to be a riot in so many as come with such intent Dalt 193. Quaere if falling out suddenly at such a meeting and then falling to take parts be a riot Dalt 193. But if by agreement they meet again and fight it is a riot ibidem Vide Crom. 61. b. Dalt 218. It can be no riot except there be an intent precedent to do
some unlawfull act with force Dal. 192. Cro. 61. a. Yet if a man go to Sessions or market with his servants in harnesse though there be no intent to commit a riot yet the manner maketh a riot Cro. 61. a. Vide 2. E. 3. cap. 4. Dalt 195. What one J. of P. is to do in case of Riots He may prevent a riot before it be done or stay it in the doing and in the doing may take and imprison the rioters and binde them to their good behaviour Dalt 84. A riot being done Iustices of Peace can neither record the riot nor make enquirie nor assesse the fine nor award processe nor meddle with it but onely as a trespasse against the Peace Dalt 84. Lam. 181. Iustices of Peace sitting in a judiciall place and seeing a riot may command them to be arrested and recorded and it concludeth the offenders Dal. 84. But a Iustice of Peace in another place seeing a riot and recording it the parties may traverse it ibid. Cro. 65. a. Every Iustice of Peace being of and in the countie having notice of any riot ought to execute the statute 13. H. 4. 7. viz. that the rioters be arrested c. and removed otherwise the next Iustices forfeit 100 pounds apiece and every other Iustice in whom there shall be default fineable in the Starre-chamber Dal. 84 85. Cro. 124. a. One Iustice of Peace may arrest rioters enforce them to finde sureties for the Peace or good behaviour or in default commit them to prison Dal. 84 85 87. Cro. 157. b. Lam. 181. A Iustice of Peace not finding the rioters come to the place may leave his servants to restrain the rioters when they come or else arrest them if they offer to break the Peace Dal. 85. Lam. 181. If the Iustice of Peace be sick he may send his servant to represse a riot or to arrest such offenders and bring them before him to finde sureties for the Peace and his command by word is sufficient Dal. 85. Cro. 64. a. 148. b. One Iustice of Peace may cause all statutes for suppressing of riots to be put in execution Dal. 85. If the riot be notorious it is not safe to stay complaint or information What two Just of Peace may do in a riot They ought to send for the Sheriffe or Undersheriffe if none of them come Dal. 86. Lam. 327. If one or two next Iustices do come and not the Sheriffe or Under-sheriffe each as come shall be excused of their fine of 100 pound Dal. 86. Lam. 327. Cro. 63. b. If one Iustice of Peace in the countie shall execute the statute of 13. H. 4. 7. it shall excuse the next Iustices Dal. 86. Lam. 326 327. Two Iustices of Peace present without the Sheriffe are fineable if they do not all which by the statute of 13. H. 4. 7. ought to be done Dal. 86. Cr. 63 The particulars which the two next Justices of Peace with the Sheriffe or Vnder-sheriffe must do upon the statute of 13. H. 4. 7. Dal. 88. 1 They must go to the place where the riot is Dal. 88. 2 They shall take the power of the county viz. all above 15 yeares of age under the degree of Barons upon pain of imprisonment fine and ransome Dal. 88. Cro. 157. Lam. 314 315. It is good to raise the power of the countie with certain information though it be false and excused or without information if when they come they finde one 88 89. Cro. 64. b. Lam. 315 316. 3 They shall arrest all such offenders or cause them to be arrested bring the force commit to prison the rioters and take away their weapons Dalt 89. Lam. 326 327. And all such as come into the companie if they be present shall be arrested imprisoned and fined as it seemeth Dal. ibid. Such as they meet coming from the place riotously arayed they may arrest and imprison but cannot record any riot done by them but after enquiry may fine them Dal. 89. Cro. 63. a. Lam. 316. The Iustices see the riot committed and the rioters escape they must record them and cannot arrest them but upon fresh suit which record must be sent into the Kings Bench that processe may come from thence Dal. 80. Lam. 318. The Iustices may grant a warrant for such as they saw escaping to be bound to the good behaviour Dalt 81. Cro. 196. a. And so they may do upon information but it is best to do it upon enquirie and so to fine them Dalt 90. In execution of the said arrest of rioters the Iustices may justifie the beating wounding or killing of any the rioters which resist or will not yeeld Dalt 90. Cro. 62. b. 158. b. Lam. 316. 4. After arrest the Iustice Sheriffe or Undersheriffe shall record the riot in writing viz. all that shall be done in their presence against law which ought to be formall and certain as time place number weapons manner c. Dalt 90. Cro. 63. a. Lam. 316 317. The form of the record vide Dalt Lam. 220. If in going to see a riot another riot happen in their presence they may record it arrest and imprison the offenders Dalt 90. Lam. 318. If the rioters make a riot upon the Iustices they may record it also Dalt 90. Iustice records a riot and upon examination it appears no riot or saw it not or there was no riot yet the parties are concluded Dalt 90. Cro. 63. a. 65. a. 130. a. Lam. 317. The Iustices are presently to commit rioters to the goal and the power of the countie ought to be aiding to the Sheriffe or Under-sheriffe Dalt 91. None may commit the rioters but the Iustices who had the view ibid. If the Iustice Sheriffe or Under-sheriffe commit to prison the offenders and do not record the riot every of them loseth 100 pound Dalt 91. Cro. 61. b. The said Justice and none other shall assesse the fine upon the offenders which by the statute of 1. H. 5. 8. ought to be of good value that thereout the charges of the Justice and other officers may be born yet must be reasonable and just Dal. 91. Cro. 61. a. Lam. 317. The fines must be imposed upon every offendor severally Dal. 91. The sine must be estreated into the Exchequer Dal. 91. and then to deliver the offender as it seemeth ibid. The J. as it seemeth may out of the fines pay the charges of the said Iustice and of the Iurie who made the enquirie for their diet and the Sheriffes fees and the Iustices Clerk who maketh up the record may have his fees out of that money or rather may take of every offender 12 pence when they pay their fines Dal. 117 118. Or the Iustice may record the riot commit the offender and after certifie the record to the Assizes Sessions or Kings Bench. Dal. 91 92. The record may be delivered at the Sessions to the Clerk of the Peace together with the residue of the money remaining of the fine Dal. 118. Where
Any killing any wainling Calves under â— yeares old to sell lose 6 shill 8 pence for every offence determnable at the Q Sessions 24. H. 8. 9. 1. Jac. 25. Lam. 453. 607. Wait-lying Lying in wait to maim or kill any other is to be fined Lam. 446. Warrants The Iustice of Peace his command by word of mouth is in some cases as strong as his precept in writing Dalt 287. As a Iustice of Peace seeing a Riot may command the Riotters to be arrested and cause them to finde sureties for their good behaviour Dalt 187. So upon affray assault threatning or any other breach of the Peace be may command the officer being present to arrest such offenders to finde suretie for the Peace Dalt 287. But for causes out of his presence one may not arrest another upon the Iustices command but by precept in writing Dalt 287. A warrant in writing must be under the Iustices hand and real or under his hand at least Dalt 287. Lam. A warrant for the Peace or good behaviour must contain the speciall matter Dalt 287. A warrant for treason murder or felony or other capitall offence and such like need not contain the speciall cause Dalt 288. Cro. 148. A warrant is better if it contain and beare the date at the place where it is made the yeare and day when it was made Dalt 188. Cro. 74. â— Iust of Peace being out of the county grantetâ— his warrant to be served in the county the officer must carry the party before some Iustice of Peace within the county Dalt 288. Lam. Iustice of Peace may make his warrant to come before himself yet upon a warrant for the Peace the usuall manner is otherwise Dal. 288. 136 137. In some cases a Justice of Peace may grant his warrant to attach the offender to be at the next Sessions of the Peace to answer his said offence Dal. 288. Justices of Peace in divers cases as the case shall require may grant their warrant for the parties neglect or other default and such warrant may be either to attach him to be at the next Sessions there to answer c. or to bring the offender before the said Iustices or any other Iustice c. who finding cause to binde him may binde him to the next Sessions to answer the said defauit Dalt 189. Vide Dal. 126. Where the statute giveth authoritie to the Iust of Peace to cause another to do a thing they have power of congruitie to grant their warrant to bring such persons before them that so they may take order therein Quaere Dalt 284 289. A Justice of Peace maketh a warrant beyond his authoritie it is not disputable by Constable or other inferiour officer but must be obeyed Lam. 65. Dalt 6 209 292. But if the Iustice make a warrant to do a thing out of his jurisdiction or in a cause wherein he is not Iudge if the officer execute the warrant he is punishable Dal. 294. Cro. 147. b. Dalt 6. Lam. 91 92. Warrant for the Peace may be directed to any indifferent person by name though he be not officer yet it is better to a known officer Lam. Dal. 290. Cro. 147. A sworn and known officer need not to shew his warrant but the servant of the Iustice must shew it if it be required Dalt 291. Lam. 89. Cro. 148. a. A warrant directed to the Constable and to a stranger joyntly and severally and executed solely by the stranger is good Dal. 291. Cro. 147. b. Warrant directed to two joyntly to arrest another may be executed by one of them Dalt 291. Lam. 89. A warrant being directed by a Iustice of Peace to the Sheriffe he may by word command any sworn or known officer under him without precept in writing Dalt 291. Lam. 89. If a Iustice of Peace his warrant be directed to the Sheriffe Bailiffe Constable Iustices servant or other to arrest one such person must serve it himself Dalt 291. Lam. 89. He to whom any warrant shall be directed must do it with all secrecie and speed Dalt 295. A known officer must if he will not shew his warrant upon arrest declare the contents of his warrant Dal. 291. Upon arrest in the Kings name the partie arrested ought to obey Dalt 291. for if he have not lawfull warrant the partie grieved may have his action of false imprisonment Dalt ibid. Another officer arresting a man doth afterwards procure a warrant this is a wrongfull arrest Dal. 291. Lam. 90 91. The officer having a warrant for the Peace or good abeating may break open the doores Dalt 29â— Cro. 170. b. One is arrested who upon promise to come again is let go and cometh not again the officer cannot arrest him by force of his former warrant except he prosecutes him with fresh suit Dalt 292. An Officer having a lawfull warrant to arrest another is resisted or assaulted by the partie or my other person the Officer may justifie the beating or hurting such person Dalt 292. Lam. 92. If any abuse the warrant as by casting it in the dirt or treading it under his feet he shall be endited and fined for it is the Kings processe Dal. 292. Cro. 149. a. Quaere whether he shall not be bound to his good behaviour Dal. 292. Before that a Iustice of Peace grant his warrant to arrest one for murder or felonie it is meet to examine the partie that requireth the warrant upon oath and to binde him to give evidence at the next Goal-deliverie Dal. 292 293. Warreners vide Forresters Watches Any Iustice of Peace may cause night watches to be kept for the arresting of nightwalkers and persons suspect be they strangers or others of evil fame Dalt 113. Watch is to be kept yearly from Ascension day till Michaelmasse in every town from sunne setting untill sunne rising Dalt 113 223. All strangers or persons suspected passing by the watching men may be examined by them and if there be cause of suspicion they may stay them if they will not obey may levie hue and cry and may justifie to beat them and may stock them till morning and if they finde no cause of suspicion deliver them but if they finde cause may deliver them to the Constable to carrie them before a Iustice of Peace Dal. 113 257. Any Iustice of Peace may cause all night-walkers strangers or others suspected especially such as sleep in day and walk in night to be arrested and such as in the night haunt any house suspected of bawderie or use suspicious companie or commit other outrages or misdemeanours and cause them to finde sureties for their good behaviour Dal. 66. Lam. 118 119. No man is compelled to watch unlesse he be an inhabitant in the town Dalt 141. edit 1626. Watermen Every Iustice of Peace within the shire next adjoyning to the river of Thames within his jurisdiction hath power upon complaint by the overseers or rulers of the watermen and wherry-men or two of them or by the
381. or when the summons is at one place and kept at another Or when the Sessions were the same time at two places and the partie appeared at one of them 384. One Justice of Peace cannot amerce his fellow for absence from the Sessions but a Justice of Assize may amerce a Justice of Peace for his absence from the Goale-deliverie Lam. 385. Clerk of the Peace Coronours Sheriffes Bayliffes of Franchises Constables of Hundreds may be amerced for default of appearance at Sessions Lam. 395. Amerciaments of Jurours for concealment vide Jurours Lam. 400 401. Appearance Recognizance taken for the Peace against all the Kings people and to appeare at the next Sessions by Supersedeas out of the Chancerie testifying suretie found there against all the Kings people for ever will discharge the appearance of the next Quarter Sessions Otherwise it is if it be but untill a day certain Lam. 106 107. Dal. 140 141. Who shall be amerced for default of appearance and who not vide Amerciaments vide Release Apparell stat repealed Appeachment vide Approvers Appeal Iustice of Peace can take no appeal of any felonie Appeal of robberie vide Attainder Apprentices One thought fit to be bound as an Apprentice upon complaint made and refusing to be bound shall be committed till he will be bound 5. Elis 4. Dal. 59. Upon complaint of an apprentice one Justice may take order betwixt his master and him and for want of conformitie in the master may binde him to appeare at the Quarter Sessions Dal. 59. and to be discharged by foure Justices If default be in the apprentice it seemeth one Justice may send him to the house of correction Dal. 60. Assent of two Justices is sufficient to the Church-wardens or overseers or the most of them to binde as apprentices the sonnes of poore parents till 24 yeares of age or their daughters till 21 yeares of age 39 Elis 3. Lam. 327. 43 Elis 2. Dal. 63. Lam. 331. Disposition of money given for putting forth apprentices and the nomination and placing of them must be by corporation and in towns not corporate by the Parson or Vicar Constable Churchwarden and Overseers for the time being or most part of them the same to be according to the will of the giver And any of the disposers forbearing and refusing to dispose of the money whereby it is not disposed shall lose 3 pounds 6 shillings 8 pence one moytie to the poore of the parish the other to the informer 7. Jac. 3. Disposers of such money given for apprentices are to take bond with two sureties of such master or masters for such money as they shall so receive for the repaiment thereof at the end of seven yeares or 3 moneths after 7. Jac. 3. Or if the apprentice die within 7 yeares then to repay the money within one yeare after such master or masters death 7. Jac. 3. The master or masters dying within 7 yeares the disposers are with the said money to put out the said apprentice to some of the said trade to serve out the residue of his 7 yeares 7. Jac. 8. Money given for putting forth apprentices is to be disposed within three moneths after receipt Ibid. None above 15 yeares old are to be placed by the disposers and those to be of the poorer sort and for want of such they may choose others of the parish next adjoyning Ibid. Disposers of money for apprentices are to accompt before two Justices next adjoyning yearely in Easter week or within â— moneth after and within 20 dayes after such accompt made must deliver all such money and bonds remaining in their hands Ibid. Breakers of trust for disposing money given for apprentices are to be examined and redressed by Commission out of Chancerie returnable within three moneths and the partie grieved by an act of the Commissioners is to be relieved upon his Bill in Chancery 7. Jac. 3. Certificate to the head-officer of citie or borough that the parents of an apprentice to a merchant mercer draper goldsmith ironmonger embroyderer or clothier may dispend 40 shill freehold must be under the hands and seals of three Justices where the land lieth 5. Elis cap. 4. Apprentice is to be discharged by foure Justices in open Sessions Dal. 60. The discharge of an apprentice is to be inrolled by the clerk of the Peace 5. Elis 4. Vide plus Labourers A master putteth his apprentice into apparell he cannot take it away though he part with his apprentice Dal. 93. edit 1626. Approvers or Appeachers Goaler keeper or under-keeper by pain compelleth his prisoner to become an appeacher of others it is felonie 14. E. 3. cap. 10. Justice of Peace can take no appeal of an approver Dal. 276. Lam. 550. One felon accuseth another before the Justice of Peace they may take his confession and reprieve him and so proceed against the other Lam. 551. Archerie The statute of Bowes is not repealed Armour Any except the kings officers and their companie doing their service riding or going armed or bringing forth in affray of the people are to be imprisoned and lose their armour 2. Elis 3. cap. 3. Dal. 30. Cro. 76. a. Justices of the Peace not looking to the execution of the statute of fearing the countrey with going or riding armed upon inquirie by the Iudges of Assize are to be by them punished 2. E. 3. cap. 3. The counterpart of the indenture of armour to be kept by the clerk of the Peace 4 5 Ph. M. The statute 4 5 Phil. Mary concerning keeping of horses and armour with the penalties thereof are repealed 1. Jac. 25. Armour and munition of a Recusant convicted being in his own possession or at his dispose other then such as shall be thought meet for the defence of his person and house by warrant of foure Iustices at the Quarter Sessions are to be seised and kept at such place as the foure Iustices at the Sessions shall appoint at the cost of the owners and they concealing or disturbing the deliverie of it lose the armour and munition and by warrant from any Iustice of Peace to be imprisoned three moneths without bail 3. Jac. 5. Recusant having his armour seised is to be charged with such armour and horse as he and others of his Majesties subjects shall be commanded to serve with at musters 3. Jac. 5. Any Iustice of Peace may arrest any except the Kings officers and such as do him service that go armed and binde them to the peace oâ— good behaviour Dal. 30. Crom. 76. a. Lam. of Const 13. A Iustice of peace may cause weapons to be taken from prisoners brought before him Dal. 30. No servant in husbandry artificer victualler or labourer shall wear sword or dagger 15. H. 2. Dal. 30. Cro. 76. Arrests An arrest is a certain restraint of a mans person depriving it of its own will and liberty and binding it to become obedient to the will of the law Dal. 294. Lamb. 87. Lamb. 93. All
bawdy-houses are to be bound to their good behaviour Dal. ibid. Bead vide Agnus Dei Bearewards vide License Beere and Beere-brewers vide Victuallers Beggers vide Rogues and poore people Blockwood vide Logwood Bloudshed Presentment of bloudshed found in the Sheriffes turn and sent to the Justices of Peace can neither be traversed before the Justices of Peace nor at the Sheriffes turn Bonds vide Recognizances Bowyers The statute not repealed of 33. H. 8 9. Brasse and Pewter Brasier nor Pewterer may exchange or sell any brasse or pewter but in open market or faire or in his house unlesse upon request of the buyer on pain of 10 pounds for each offence 19. H. 7. cap. 6. 4. H. 8. 7. and inquirable at the Sessions Lamb. 621. All working hollow wares of other lay metall then according to the assize of the lay metall wrought in London or not setling their seal on lose the wares Searchers of brasse and pewter must be appointed by the Justice of Peace at Michaelmas Sessions 19. H. 7. 6. 4. H. 8. Lamb. 622. Breach of the Peace or good behaviour What shall be accounted a breach of the Peace To threaten one to his face to beat him at whose suit he was bound Lamb. 108. Dal. 148. Cro. 136. or in his absence if he after lie inwait to do it ibid. Lamb. 115. To command or procure one to do any unlawfull act against the peace if it after be done Menacings assrayes assaults injurious and violent handlings and intreatings battery and malicious strikings imprisonment without warrant to thrust one into the water to endanger him to ravish a woman to commit felony or treason Dal. 148. Lamb. 119. Lamb. 127. A Farmer Tenant or Commoner by threats or blowes to repulse violence offered his land-lord or maior Dal. 151. Lamb. 121. Lamb. 129. What act soever is a breach of the Peace the doing thereof doth beget a forfeiture of the recognizance made for keeping of the Peace Lamb. 108. Dal. 148. Lamb. 114. What not In his absence to threaten to beat him at whose suit he was bound to the Peace Dal. 148. Threats or moderate correction of the Master Schoolmaster Goaler to those under their command of Parents to the childe within age of the Lord to his villam Dal. 148. Lamb. 127. To beat with rods a kinsman that is mad to the end to reclaym him Dal. 149 150. Lamb. 128. Constable officer or any of their company to itrike any for better execution of their office Dal. 150. Lamb. 128. By threats or blowes to repulse violence offered to ones own person wife father mother childe master Dal. 151. Preservation of his own goods Ibid. Lamb. 129. and Corm 136. b. affirm that the Master may beat him that doth assault or beat his servant but Dal. maketh a quaere of it and that a Master may onely with sword or staffe defend him 151. Pax Reg. 5. To kill or hurt one at fence play tilt Turnament or Barriers in the Kings presence or by his command De val Dal. 151. Lamb. 129. To take ones goods wrongfully if not from his person Lamb. 130. Dal. 152. is no forfeiture of his recognizance So to take away anothers ward Dal. ibid. Lamb. ibid. To trespasse in anothers corn or grasse ibid. Trespasse lyeth at the Common Law for threatning to beat one Vide plus Forfeiture It is no breach of the Peace for a private man to strike or wound another in defence of his own person from beating wounding or killing but if he may escape with his life without being wounded maimed or hurt it is not lawfull except he first flie as farre as he can Dal. 150. Cro. 137. To take a dog of any kinde or other thing of pleasure from the person of another or in his presence with force or violence amounteth to a breach of the Peace Dal. 164. edit 1626. Brewers vide Victualers Bridges A man voluntarily maketh or amendeth a bridge he is not compellable to do the same again unlesse he and his ancestours have used so to do time out of minde Dal. 34. Cro. 186. a b. It being not known who or what land is chargeable with the repairing of a decayed bridge foure Iustices one being of the Quorum may tax the inhabitants and make collectours and overseers for the repairing of it 22. Hen. 8. cap. 5. Dal. 39. edit 1626. Justice of Peace where a decayed bridge is may award processe in the Countie where the partie or land chargeable is 22. Hen. 8. 5. A bridge lying in a corporation the hundred shall not be charged therewith è converso Dal. 40. edit 1626. A bridge lying in two severall Counties either must repair his part Dal. 40. Buckstalls One suspected to have offended against the statute 19 Hen. 7. cap. 11. of deer-hayes and buckstalls c. is to be examined by two Iustices of Q. Sessions and being convicted by his own examination onely is to be imprisoned till he finde suretie for the forfeiture 19. Hen. 7. 11. Lam. 535 630. the tenth part whereof the Iustice examining shall have ibid. Buggerie The sinne of buggerie with a man or beast is felonie 25. Hen. 8. cap. 16. 5. Elis 17. Lam. 227 256 421. Bull from Rome vide Treasons Burglarie Burglarie is when one or two in the night time do break a dwelling house or a Church or the walls or gates of a citie or walled town with an intent to do felonie albeit they carrie away nothing Dal. 223. Cro. 31. a. Lam. 260 261 403. The night is from sun-setting to sun-rising ibid. Lam. 258 423 424. What act shall make a burglarie without entring into the house Putting back the leaf of a window Dal. ibid. Cro. 33. b. Lam. 262. Drawing the latch of a doore Dal. ibid. Cro. 33. b. Lam. ibid. Turning the key being on the inside cro 31. b. Dal. ibid. Lam. 262. Breaking the glasse-window and hooking out of goods ibid. Lam. 16. Making a hole in the wall and shooting one within the house Dal. 223. Cro. 31. b. Lam. 263. The doore being open to put his hand over the threshold and discharge a dag at any within Dal. ibid. Cro. 32. a. Lam. 264. They within cast out their money for fear and they without carry it away Dal. 16. Cro. 31. b. Lam. 263. Without breaking the house To set foot over the threshold with a felonious intent Dal. 224. Cro. 32. a. To come down by a chimney ibid. To come in by help of a key ibid. Cro. 31. a. Lam. 263. To enter the doores being open and the owner flying to his chamber to shove at the chamber-doore Dal. ibid. Cro. 32. b. Lam. 263. If pretending to be robbed by help of the Constable for search they rob the owner ibid. Lam. 264 If upon conspiracie with a servant the servant openeth the doore and the thief entreth Dal. 224. One entring and the rest standing about the house or not farre off ibid. Lam. 265. What place makes Burglarie Publick
as Church-walls or gates of a citie or town walled Private as a dwelling house if any be within Dal. 224. Cro. 33. a. Lam. 260 261. The familie for part of the night is abroad and in the interim the house is robbed Dal. 224. Cro. 33. a. A man hath two dwelling-houses and dwelleth sometimes at the one sometimes at the other and hath servants at both and the servants are abroad in the night the house is broken ibid. To break a chamber in a Colledge or Inne of court though no bodie is in the chamber Dal. 225. Cro. 33. a. Lam. 262. Breaking a barn or stable neare to a dwelling house to the intent to steal Dal. ibid. Cro. 32. Lam. 262. Robbing a back house Dal. ibid. To enter to ravish a woman Quaere Dal. 225. The hoste of an Inne breaking into his guests chamber to rob him Dal. 253. edit 1626. What not Entring onely with intent to beat Dal. 225. Lam. 264 265. Breaking and departing without entring Lam. 262. but it is felonie ibid. Lam. 261. it is not burglarie in one under 14 yeares of age Dal. 226. Nor in poore persons that upon hunger break and steal under the value of 12 pence Dal. ibid. Nor in naturall fools or non compos mentis ibid Burning Malicious burning of houses being dwelling-houses or barn with corn is felonie Dal. 238. Lam. 267 403. Lam. 266 424. Burning of an emptie barn in the night feloniously if it be nigh a dwelling house Dal. ibid. Lam. ibid. All burning that proceedeth of a former burning that was malicious is felonie Lam. 266 267. Burning of a stack of corn feloniously Dal. 238 Butchers Butchers vide Victuallers Butcher gashing a hide whereby it is hurt loseth 20 pence 1. Jac. 22. Lam. 462. Butchers watering any hides except in June July or August lose 3 shill 4 pence an hide ibid. Butcher or any other killing calves to sell under 5 weeks old loseth 6 shill 8 pence a calf ibid. Or killing any weanling bullock steer or heifer under the age of two yeares Lam. 453. 24. Hen. 8. 9. Butter and Cheese vide Victuals of transportation Buts Inhabitants of a town not continuing their buts as they ought are to lose for every 3 moneths 20 shill 33. Hen. 8. cap. 9. Buying and selling vide Cattell Calves and Kine ANy killing calves to sell under five weeks old lose for every one 6 shillings 8 pence 5. Elis 24. 1. Jac. 22. Any feeding in his own ground fit for milch kine wherein none hath common above 120 sheep more then for his own provision must raise one calf for every 60 sheep or lose 20 shillings a moneth for each calf and keep one milch cow for every â—0 oxen runts c. so fed if he feed above 20. And for every two milch kine must reare one calf yearly except it die upon the like pain 2. 3. P. M. 3. Elis 25. Lam. 429. Lam. 453. Offences against this statute are determinable at the quarter Sessions Captains Any Muster-masters taking reward for discharging any from service lose 10 times so much or 20 pound 2. E. 6. cap. 2. Lam. 482 483. Captains or others having the charge of men for warre keeping back part of their pay lose to their souldier treble so much as is not paid or for gain licensing any to depart lose 10 times the gain â— E. 6. Ibid. Vide plus Travelling Caps stat repealed 39 Elis 18. Castle vide Felonie Cattell Buyer of live oxen runts steers kine calves sheep lambes kids and goats if he fell them within five weeks after loseth the double 5. E. 6. cap. 14. Lam. 452. Certificate Recognizance and release of the Peace both are to be certified at the next quarter Sessions 3. H. 7. 1. but no pain by the statute to the Justice if he do not Cro. 139. a. Dal. 144. Lam. 111. One that is bound to the Peace maketh default at the day of his appearance the recognizance default of his appearance must be certified into the Exchequer Kings bench or Chancery So if it be presented that he hath broken the Peace 3. H. 7. 1. Lam. 555. Lam. 589. Sheriffe must certifie to the Justice of the next Sessions indictment lawfully found and taken at his turn or law-day 1. E. 4. 2. Clerk of the Crown must certifie the name of any that have been out lawed of felonie or Clerks convicted or attainted upon the letter of a Justice of Peace or lose 40 shillings 34. H. 8. cap. 14. Transcript of every attainder outlawrie or conviction had before the Iustice of Peace must be certified into the Kings bench by the Clerk of the Peace within 40 dayes after the attainder if it be in Term if not within 20 dayes after the beginning of the next Term on pain of 40 shillings 34. H. 8. cap. 14. Clerk of the Peace must certifie to the Ordinarie a transcript of the Clerks conviction or attainder 34. H. 8. 14. Quaere because the 18. Elis they be not delivered to the Ordinarie Lam. 554. Lam. 558. Custos Rotulorum of the Countie where one is attainted as principall of felonie upon writing of the Iustices of the Goal-deliverie or Oyer and Terminer of another Countie where one is accessarie unto the other must certifie what is done with the principall 1. E. 6. 24. Lam. 588 589. Lam. 554. Where the Iustices are to receive indictments and no power to proceed upon them they must certifie them into the Kings bench without certiorari Lam. 589. Abjuration of a seditious sectarie made in open quarter Sessions must be certified at the next Assizes unto the Iustice of Assize 35. Elis 1. Lam. 590. Presentments that goods and chattels of one attainted of felonie be in others hands it is to be certified in the Kings bench or Exchequer Lam. 590. Recognizance of an Alehouse-keeper must be certified at the next quarter Sessions after the taking or the Iustice lose 5 marks 5. E. 6. 25. Certificates of dockets of Purveyors vide Purveyors Certificate of transcripts of Records of the Sessions into the Kings bench vide Clerks of the Peace Certificate of Ryots vide Ryots Certificate of Certiorari vide Certiorari Certificate of Examinations vide Examinations Vide plus Recognizance One bound to the Peace maketh default of appearance at the next quarter Sessions the Recognizance with the Record of the default must be certified into the Chancerie Kings bench or Exchequer 3. H. 7. 1. Lam. 589. Certiorari Certiorari is to remove indictments or other Records to be fully heard where the Iustices cannot proceed or be reversed where they have proceeded erroniously Lam. 591. Lam. 556. A Certiorari issueth out of the Chancerie and the Records are removed thither and sent thither by Mittimus to any other court Lam. 591. Lam. 55. Certiorari to remove matters of the Crown need not contain the cause of the removing Certiorari out of the Chancerie hath in Cancellaria out of the Kings bench nobis mitta Dal. 368. Cro.
is felonie Lam. 226 229. 233. Escape suffered by him that receiveth a known felon is no felonie Lam. 226 230 234. Vide plus Prisoners To suffer one to escape that is arrested for an act which was not then felonie but by matter consequent fell out so to be is no felonie Lam. 234. but is fineable Dal. 241. Cro. 39. a. Lam. 230. A prisoner under arrest onely escaping the escape must first be presented before he that suffered the escape shall answer it Dal. 242. A Justice sendeth for a felon out of the goal and freeth him without bail it is felonie in the Justice Dal. ibid. Cro. 39. b. A Justice pro defectu scientiae baileth one not bailable it is but a negligent escape Dal. 242. Cro. 39. b. Offender upon his examination before a Justice confesseth the felonie who letteth him go without commitment or bail it is a voluntarie escape and so felonie in the Justice Dal. 260. Cro. 39. a. A town not walled must answer the escape of a manslayer in the day time Dal. 256. Cro. 40. b. The hundred must answer for a man slain out of the town and for insufficiencie the countie shall be charged Dal. ibid. Goaler or other officer suffereth his prisoner to go abroad for a time though the prisoner return as he was prescribed or let his prisoner go by bail or baston it is a negligent escape and fineable but Quaere for prisoners ought to be kept in salva certa custodia Dal. 240. Voluntarie escape of one arrested or committed for felonie is felonie in the goaler if for treason it is treason if for trespasse it is trespasse Dal. 241. A thief being in the custodie of the Constable doth suddenly hang drown or kill himself it is a negligent escape Dal. 270. Escheators Escheator other then those of a citie or borough that takes upon him the office not having lands in the shire of 20 pounds per annum or for life at least or that hath sold or set to farm the office to one for whom he will not answer and whose name he doth not certifie within â—0 dayes into the Exchequer shal be fined 40 pound 33. H. 8. 22. Lam. 409 414 429. Escheator taking for execution of any writ in any countie above 40 shill or 40 shill where the land is not held in capite shall be fined 40 shill 23. H. 6. 17. Lam. 410 414 430. Escheator taking above 15 shill for finding out an office not exceeding five pounds a yeare loseth 5 pounds 33. H. 8. 22. Lam. 410 415 430. Evesdroppers Evesdroppers which shall by night evesdrop mens houses are to be bound to the good behaviour Dal. 161. Evidences Justice of Peace must binde over informers for felonie to appeare and give evidence against the felon at the next generall goal-deliverie Dal. 39. Justice of Peace must binde such as declare any thing materiall to prove the felonie to appeare at the next goal-deliverie and give evidence Dal. 259 261. Examination taken by a Justice of Peace in one countie may be certified into another countie and there read and given in evidence Dal. 264. Estreats Estreats are the extracts of fines forfeitures and amerciaments made by the Clerk of the Peace by indentures the one delivered to the Sheriffe the other to the Barons of the Exchequer Lam. 59â— Lam. 548 562. Estreats of the penaltie for shooting in gunnes are to be recorded and sent into the Exchequer by the Justice that had the examination of the matter Lam. 292 295 297. Sheriffe or his minister that shall levie any of the Kings debts without shewing the partie the estreats under the Exchequer seal shall be sined and pay treble damages to the partie 24. E. 3. 9. 7. H. 4. 13. Lam. 411 416 432. He that estreateth issues of others then were chargeable or charged loseth five marks to the King 27. El. 7. Lam. 413 417 432. Examination Felon brought before a Justice must be examined before he be committed to prison and the information of those that bring him must be put in writing within two dayes after and the party bound to appeare and give evidence at the next goal-delivery 2. and 3. Ph. Mar. Lam. 196 207 212. Before the statute the examination of a felon was not warranted at the Common law for nemo tenetur prodere seipsum ibid. but the offender shall not be examined upon oath Dal. 264. Circumstances observable in examination of a felon Lam. 202 213. Dal. 260. Lam. 218. In what offences conviction shall be by examination vide the severall offences Conviction cannot be by examination onely but where the statute giveth it either by referring it to the discretion of the Justices or specially limitting it Lam. 504 515 534. Where the statute limitteth conviction to be by examination generall a Iustice of Peace may examine as well the offenders as witnesses Lam. 505 517 535. Where the examination of a Iustice of Peace is the conviction of the partie it ought to be upon oath but when it is but to inform the Jurie upon that enditement it needs not ibid. Lam. 536. Examination of witnesses is to be taken as well against as for the King Dal. 265. but Quaere whether it may be upon oath which maketh against the King Confession of an offender before a Iustice of Peace is not conviction except he confesse the same again upon his triall or arraignement Dal. 268. Extolling forrain power vide Treason Extortion Ordinarie Archdeacon Officiall Sheriffe Escheator Coroner Under-Sheriffe Bailiffe Goaler or other officer that by colour of his office taketh more then his fee or any fee or reward for expedition or unlawfully exacteth any oath or other undue thing Lam. 409 414 434. Any thing taken colore officii is extortion but virtute officii is allowable Cro. 57. b. The Sheriffe or Goaler taking any thing of a Constable for bringing a felon to the goal it is extortion 4. E. 3. 9. loseth 10 pounds Cro. a. 58. b. If the Ordinarie or his minister take any thing to allow a Schoolmaster to teach children 23. Elis 1. Cro. 58. a. The Marshall detaining a prisoner after he is discharged by the Court for any thing due to him but his fees Cro. ibid. The Ordinarie citing a lay person to appeare in the Spirituall court to depose there as a witnesse Cro. 59. b. Vide plus Fees A man prescribeth to have 4 pence of every one whose beasts are taken in his ground damage fesant being impounded and to make amends to him at his will it is extortion if he take it Cro. 58. b. To take any thing for a mortuarie contrarie to the statute 21. H. 8. 6. where the goods come not to 20 nobles besides debts or for married woman or infant or one that keeps no house or way faring man or any that is not resident where he dyed is extortion Cro. 59. a. Faires and Markets HE that keepeth a faire or market in a Church-yard shall be fined Stat. Wint.
Taking a tame beast or other thing in a park by way of robbery Marrying a second husband or wife the first living 1. Jac. 11. Multiplication of gold or silver Infected with the plague going into company contrary to command 1. Jac. 31. Wilfull poysoning if the party die within a yeare and a day after To receive relieve or maintain Popish priests Recusants refusing to abjure or return after departure Purveyour taking for the Kings house any thing above 12 pence 1 Without warrant under the great seal Vide Dal. 278. Edit 1626. 2 Buying any thing in any other manner then is contained in their warrant 3 Taking any carriage in any other manner then is comprised in their commission 4 Shall carry away any thing against the owners will without paying or agreeing for the same 5 Shall not make his provision and purveyance by the testimony and apprizement by the Constable and 4 neighbours sworn if the purveyour owner cannot agree and shall not deliver tales or indentures sealed with his seal testifying the same 6 Or shall take more victuals or carriages then he shall deliver unto the Kings house 7 Or take sheep in wooll betwixt Easter and Midsummer at small prices or more then be sufficient for the K. house and carry them to his own and shear them In every of these cases it seemeth to be felony in such purveyour their deputy and servants A charter of any subject or officer taking any thing against the owners consent and not paying presently 36. E. 3. 6. Incorrigible rogues banished the Realm and returning without license 39. E. 4. Robbing house barn or stable in the day to the value of 5 shill though no body be within 39. El. 15. no Clergie Robbing any house by day or by night any person being therein and thereby put in fear ibid. without Clergie Robbing any person in part of his dwelling any of his houshold being within ib. without Clergie To rob any Booth in faire or market any thing thereto belonging being within sleeping or waking ibid. sans Clergie Servant other then an apprentice to whom money goods or chattels c. are delivered to keep by master or masters to the value of 40 shill do go away therewith or convert them to his own use to the intent to sell the same or defraud his master or masters 21. H. 8. 7. 5. El. 10. Dal. 231. Souldiers going out of the Realm to serve a forrain Prince not having first taken the oath of alleagiance 3. Jac. 4. A gentleman or of higher degree Captain or other officer in camp going to serve a forrainer before he is bound with 2 sureties to the K. not to be reconciled to the Pope c. nor to make nor consent to any conspiracy against the K. 3. Jac. 4. Souldiers having taken presse-money not going with their Captain or being in service departing without license 18. H. 6. 19. Mariners and gunners taking presse-money to serve the King and departing without license 5. El. 5. Souldiers and mariners which settle not themselves to some good course of life but wander idlely 39. Elis 17. Souldiers and mariners landing and not having a testimoniall from some Justice of Peace neare their landing ibid. 2. Or exceeding the time limitted wilfully 14 dayes Vide 43. El. 3. that they shall be punished as rogues 3 Or forge or have forged testimoniall knowing it to be forged 4 Or being contained in service after arraignement doth depart within the yeare without the masters license 39. Elis 17. Transporting live sheep the 2 offence is felony 8. Elis 3. Ravishing a woman with force though consenting afterward 13. E. 1. 133. All abbettours in rape and principalls Dal. 248. Cro. 47. b. To ravish a harlot against her will is rape ibid. To take any maid widow or wife having lands or goods or being heire apparent to her ancestour against her will unlawfully And to receive any knowing them or to procure and abbet the same 3. H. 7. 1. Dal. Cro. ibid. To abuse a woman carnally under ten yeares of age 18. Elis 6. To take a mans wife with her husbands goods against her will or her husbands West 2. 34. Dal. 248. Cro. 35. Feloniously to take goods out of any Church or Chappel Lam. 400. A woman delivered of a bastard doth by drowning or secret burying thereof by her self or other conceal the death thereof so that it may not come to light if it were dead born or alive it is murder in the mother except she can prove by one witnesse that the childe was born dead 2. Jac. 17. To acknowledge any fine recovery deed inrolled statute recognizance bayl or judgement in the name of another not privie to the same iâ— felonie without Clergie 21. Jac. 26. Felonie of his own goods vide Theft Ferrets vide Hunting Fewell One Justice of Peace may set on the Pillorie in the next market town to the place of offence any person convicted of breaking the assize of fewell and not able to pay the forfeiture there to be at 11 of the clock on the market day with a billet or faggot bound to some part of his body Quaere whether one Justice may convict him alone 7. E. 6. 7. Lam. 184 201. Lam. 296. Fines Fine taketh his name of the Latine finis for that it maketh an end with the King for the imprisonment laid upon the offender for the offence committed against him Lam. 541. Lam. 574. Upon payment of the fine or upon pledges found a Recognizance to pay it the offender ought to be delivered Lam. ibid. The assignement of fine belongeth to the Justices before whom the conviction is lawfully had Lam. 543 576. Stander by when a man was slain is to be imprisoned till he make his fine because he did not his best to attach the murderer so of other felonies Lam. 124 135 285 288. Lam. 132 289. Fine upon a forcible entrie or detainer upon offenders convicted of Record by a Justice of Peace and by him committed to the goal shall be assessed by the same Iustice and upon bonds with sureties he may enlarge them Tamen Quaere and estreat it and send it into the Ezchequer 162. but it is best to leave the fine to the discretion of the Kings bench Lam. 150. 163. Lam. 159. Dal. 43. Upon conviction for offences where no fine certain is limitted no fine can be assessed till the offender be brought in by Capias pro fine or otherwise unlesse it be for Alehouses and high-wayes Lam. 540 554. Lam. 573. Where any statute speaketh of fine and ransome the ransome ought to be at least treble the fine Lam. 542 556 575. Where the statute maketh an offence fineable in generall terms or at the Kings will the Iustices of Peace before whom the conviction is had may assesse the fine 543 â—57 which is fittest to be done in open Sessions Lam. 544 558 576. Fines upon the statute of tyles of crossebows and of alehouses by expresse words of
or suspected to be robbers by the high-way 5 Such as are likely to commit murder homicide or other grievances to the Kings subjects in their bodies 6 Such as shall practise to poyson another 7 Against all such as be of evil name or fame generally but especially against such as are defamed in these particulars 1 Those that haunt bawdy houses 2 Suspected to keep houses of common bawderie 3 Common whoremongers and common whores 4 Night-walkers that be suspected to be pilferers 5 Evesdroppers that cast mens carts and gates into ponds and such like misdemeaners in the night such as live idlely yea fare well and go well clad having little to live on except upon examination they give good account of such their living 6 Common haunters of Alehouses or Taverns having small means to live on 7 Drunkards twice convicted 8 Messengers of theeves 9 Such as make false hue and crie 10 Cheaters and cozeners 11 Libellers 12 The putative father of a bastard 13 Unlawfull hunters in Parks after examination taken 14 Abusing of officers in executing their office as Iustice of Peace Constable or other officer of the Peace as a Iustice seeth a man break the Peace and doth charge him to keep the Peace who answereth he will not Words of contempt against a Iustice of Peace though he be not executing his office 15 Abusing a Iustice of Peace his warrant 16 He that complaineth of riot or force and the Iustices being assembled for inquiry will not prosecute 17 He that chargeth one with felonie before a Iustice and will not prosecute 18 Abusing of a supersedeas of the Peace to a wrong end By divers statutes 1 Disturbers of preachers 1. M. 3. 2 Destroyers of fish-ponds or stealers of fish after lawfull conviction 5. Elis 21. 3 Takers of hawks or hawks egges out of other mens grounds after lawfull conviction 5. Elis 21. 4 Stealers hunters or killers of Deere or Conie in Park or Warren after lawfull conviction 3. Jac. 3. All these must be bound at the Sessions 5 Popish recusant must be bound in the Kings Bench. 23. Elis 1. 6 One pardoned for felonie bound before the Sheriffe and Coroners 3. Ed. 3. 3. 7 Disturbers of the execution of the statute for rogues 39. El. 4. 8 Disturbers of the execution of the statute for the Peace 39. Elis 4. 9 She that hath had twice a bastard 7. Jac. 4. 10 Infected with the plague or having their houses infected and are unruly 1. Jac. 3. Greyhounds vide Hunting Gunnes and Gunners Gunner that departed from his Captain without license or wandring with a forged license it is felonie Lam. 427. Every person may attach an offender against the statute 133. H. 8. 6. and carrie him to a Iustice of Peace Dal. 49. And the Iustice upon examination may send him to the goal till the penaltie be paid The particulars of the statute 33. H. 8. None under 100 pound per annum may shoot in or keep a gunne dagge pistoll crossebow or stonebow None may have or use any gunne under 3 quarters of a yard in length One of a 100 pound per annum may take such gunne from the offender or any crossebow or stone-bow and may keep the bow but must break the gunne None may travell with a gunne charged or bow bent but in time of service and to the musters except he have a 100 pound per annum Dal. 49. Dal. 64. None may shoot in a gunne neare a market town but in defence of his house or person or at a But. The master may not command his servant to shoot except at a But or in warre 1 Except servingmen whose masters are enabled at a But. 2 Inhabitant of market town 3 Persons dwelling alone or neare the Sea within five miles 4 Gunmakers 5 That have Placards All persons which shoot in gunnes ought to present their names to the next Iustice of Peace and the Clerk of the Peace should record it Vide plus Hunting Hares BUying and selling of Hares vide Partridges see the statute 1. Jac. 27. in fowlers Harnesse and habiliments of warre To imbezell habiliments of warre or victuals provided for souldiers mariners or gunners is felonie 3. El. 4. Hart proclaimed vide Deere Harvest time Artificers and other persons meet to labour compellable by one Iustice of Peace or Constable and the refuser to labour in hay time or harvest to be put in the stocks two dayes and one night Lamb. 475. Hawks and hawking Unlawfull taker of Hawks egges is to have 3 moneths imprisonment there to remain till he finde sureties for the good behaviour for 7 yeares 5. El. 21. I am 446. Taking of hawks egges upon ones own grounds or anothers or any Eirer or driving them out of their covert or bearing any hawk of the breed of England called a Nyesse Goshawk Tassel Lanner Lanneret to be imprisoned a yeare and a day and lose ten pounds and the hawk 11. Hen. 7. 17. Lam. 446. Every Justice of Peace may examine the offences for hawking or hunting with spaniels in eared or codded corn and binde over the offender with sureties to the next Sessions 23. Elis 10. Dal. 50. Lam. 447. Against hawking at phesant or partridge between the first of Iuly and last of August vide 7. Jac. 11. Partridges Vide plus Larcenie Felonie Hay and Oats Inholder taking any thing for litter baking horse-bread except in town or village being a through-fare and being no citie town-corporate or market-town the same to be of assize and weight after the price of corn and grain in the market or sell horse-bread hay oats beans pease provender and all kinde of victualls both for man and beast for reasonable gain for the offence 1 Fined 2 Imprisoned for a moneth without bail 3 Stand on the pillorie without redemption of money 4 Fore judged for keeping inne again 21. Jac. 21. Hedge-breakers Breakers and cutters of hedges pales rails or fences cutters and carriers away of corn growing robbers of orehyards or gardens pullers up of fruit trees with intent to carry away cutters or spoilers of woods poles or standing trees convicted before a Iustice by confession and one witnesse upon oath are to render such damage as the Iustice shall limit and if not able to be whipped by the Constable who for default in his office is to be committed without bail till he cause it to be done 43. Elis 7. No Iustice to proceed against such trespasses for offences done to himself without instance of another ibid. The second offence is whipping 43. Elis 7. High-wayes One Iustice may cause high-wayes to markets to be enlarged and cleansed of bushes and trees 13. Elis 1. 5. Dal. 51. Every Iustice may present upon his own knowledge in open generall Sessions any highwayes insufficiently repaired or any default against the statute 2. and 3. Ph. and Mar. 8. and 5. Elis 13. and such presentment is as good as the presentment of twelve men and thereupon the Sessions may
Lord Chancellour and punished according to his desert 4. Hen. 7. 12. Lam. 330. Dal. 305. One Iustice of Peace may command fresh suit hue and cry and search to be made by officers and others after theirs robberies enjoyn watches for the arresting of suspected persons and night-walkers high-wayes to be enlarged that two Constables be chosen in every hundred forbid faires and markets in Churchyards command all between 15 and 60 to be sworn to the peace charge the Constable to arrest all such as be suspected to be draw-latches Lam. 185. Iustice of Peace taking bond in his own name and not anno Regis in a cause touching the King is to be imprisoned 33. Hen. 8. 39. Iustices of Peace at their Sessions are of equall authoritie Lam. 385. Vide Cro. 122. ann 33. The authoritie of a Iustice of Peace doth cease 1 by the Kings death 2 by the expresse will viz. by writ under the great Seal or supersedeas 3 by being left out of the commission 4 by accession of another office as being made Sheriffe or Coroner of the countie Dal. 89. Cro. 121. ann 314. Iustice of Peace must send his prisoners to the common goal Lam. 133. Dal. 30. 125. A felon is brought before a Iustice of Peace upon suspicion though it appeare to the Iustice he is not guiltie yet he may not set him at libertie but so as he may come to his triall Dal. 260 305 242. Lam. 233. Cro. 40. b. 100. b. otherwise it will prove a voluntarie escape in the Iustice for he is not to be delivered by any mans discretion Dal. 8. Lam. ut suprá A man is arrested for felonie by a Constable or other who afterwards hath knowledge that there is no such felonie done the opinion of Keble was that he might set him at libertie but if one be killed and another be arrested for suspicion though after he know the arrested is guiltlesse or was arrested for malice he ought not to set him at libertie but must be delivered by course of law otherwise it is felonie Cro. 40. What things a Justice of Peace ought to do ex officio Record a demurrer upon the evidence Lamb. 539. Give day to the partie to bring in a record that it before other Iustices which is pleaded by way of justification Lam. 534. If thinking an enditement to be void they have discharged the prisoner paying his fees yet upon change of their opinion they may stay him any time before judgement Lam. 540. Iustices of Peace ought not to suffer the King to be disadvantaged if they may lawfully prevent it Lam. 540. In absence of the Kings Atturney the Iustice of Peace may take issue with one that pleadeth a pardon that he is one of the parties excepted Lam. 540. Iustice of Peace cannot acquit felons of proclamations but if no prosecution be they are to keep them till the coming of the Iustice of goal-delivery Lam. 550. Iustice of Peace may enquire of all manner of felonies at the common law or given by any statute and of ail manner of trespasses done against the Peace of the King and of such trespasser wherein action of the case will lie for trespasse or decritz for in the end of the writ grounded upon the case is contained contra pacem nostram Cro. 8. â— One J. of Peace rebukes another neither he nor any of his fellow Justices can commit him for all are by one authoritie but if one Justice abuse another in open Sessions it seemeth the rest may binde him to the Peace Cro. 102. a. Fitz. 32 92. Defaults against the statute 3. Hen. 6. 11. for levying of wages for Knights of the shire are to be heard and determined by enquirie for the King or action for the partie before the Just of Peace Lam. 512. Labourers and Servants ONe Justice of Peace may cause all artificers and other persons meet to labour by his discretion to work by the day in hay and corn-harvest time or imprison the refusers in the stocks for two dayes and one night 5. Elis 2. Dal. 59. The Constable refusing to stock them loseth 40 shill One Justice of Peace under his hand and seal may license labourers in hay and harvest time to go into another countrey to work Dal. 59. One Justice of Peace upon complaint may compell meet persons to be bound as apprentices to husbandry or any other art c. and for refusall commit them to ward there to remain untill they be bound to serve according to the statute Dal. 53 76. 5. Elis 4. One Justice of Peace may take order betwixt the master and apprentice for want of conformitie in the master binde him over to the Qu. Sessions where foure Iustices one being of the Quorum may discharge the apprentice and if fault be in the apprentice inflict due correction Dal. 59. but if the first Iustice finde fault in the apprentice he may by 7 Jac. send him to the house of correction as an idle disorderly person Dal. 60. One Iustice of Peace may allow of the cause of putting away of a servant or of his departure within his â—…m Dal. 60. But an apprentice by 4 Iustices of Peace in open Sessions ibid. One Iustice of Peace may command vagrant persons to prison if they will not serve Dal. 63. One Iustice of Peace may make his warrant to attach a servant departing to be at the Sessions or may send him to the house of correction Dal. 77. Two Iustices of Peace upon complaint that a servant departed before the end of his term except 1 cause be allowed by one Iustice of Peace or a at the end of his term without one quarters warning before two witnesses or 3 hath refused to serv for the wages appointed according to the statute or 4 hath promised to serve accordingly and doth not may examine the matter and may commit without bail such faultie person till he be bound to serve and continue and then he is to be discharged without see to the goaler Dalt 60. Lamb. 350. Two Justices of the Peace may imprison the master for 10 dayes without bayl and the servant for 21 dayes that giveth or taketh greater wages then are allowed by statute Dal. 61. Lamb. 330. All retainer promise or payment of wages or any other thing contrary to statute and every writing and bond for the purpose is void Dal. 61. 5. Elis 4. Two Justices of Peace may imprison for a yeare or more any servant workman or labourer that doth make assault or affray upon his master or any that hath the charge or oversight of them or of the work being proved by the confession of the party or oath of two Dal. 6â— Or the Justices at the Sessions may inflict other punishment One Iustice may binde the offender to the good behaviour and so to the next Sessions Dal. 78. Edit 16â—6 Lam. 330 473. Two Iustices may compell any woman of the age of 12 and under 40. being unmarried to serve by
Jac. 22. Lam. 464. Any that putteth to sale exchangeth or otherwise departeth with any tanned leather red and unwrought being in open faire and market unlesse it be searched sealed in some open faire or market or putteth to sale any leather not searched and sealed according to the statute loseth for every hide or piece of leather 6 shillings 8 pence and for every 12 calves skinnes or sheep skinnes 3 shillings â— pence and also the hides and skinnes or their value 1. Jac. 22. Lamb. 464. Tanner putting to sale any leather insufficient or not throughly wrought and tanned or not well and throughly dryed and the same so found by the tryers appointed 1. Jac. 22. loseth so much as is insufficient Lamb. 464. He that setteth his fats in tanne-hills or other places where tho woozes or leather to be tanned in the same may take any unkinde heats or hath put any leather into warm woozes or hath tanned with warm or hot woozes forfeiteth 10 pound and is to stand in the pillorie three market dayes Jac. 22. Lamb. 464. Felling oaks meet to be barked where bark is worth timber for necessarie buildings and reparations of ships houses or mills excepted but between the first of Aprill and the last of June loseth every tree or double the value 1. Jac. 22. Lam. 464 465. Currier that currieth any leather but in his own house situate in a corporate or market town or hath curried any leather not well tanned or not throughly dryed after his wer season or hath used in such wet season any deceitfull means to corrupt the same or hath curried any outward sole leather with any other stuffe then hard tallow or lesse of that then the leather will receive or inner sole leather or upper leather but with good stuffe being fresh and not salt or hath not liquored them throughly or hath scalded or shaven too thinne or gasht in shaving or otherwise or not wrought sufficiently any leather loseth 6 shillings 8 pence and the value of every skinne marred except gashing in shaving and for such gashing double as much as the leather is impaired 1. Jac. 22. Lamb. 465. Currier that during the time that he useth currying useth the feat of a tanner cordwainer shoemaker butcher or other artificer using cutting of leather loseth 6 shill 8 pence each hide ibid. Currier refusing to currie within 8 dayes in summer and 16 dayes in winter perfectly any leather brought by any cutter of leather or his servant bringing with him good stuffe for perfect liquoring of the same loseth 10 shillings for every hide Shoemaker that maketh any boots shoes buskins startups slippers or pantofles or any part of them of English leather wet curried other then deere calves or goats skins dressed like Spanish leather but of leather well tanned and curried or well tanned onely and well sewed with thread well twisted waxed and rosined with the stitches hard drawn with hand leathers without mixing neat and calves leather in the over leather thereof or hath put into any shoes boots c. any leather made of sheep-skinnes bull-hide or horse-hide or into the upper leather of any shoes slippers or pantofles or into the nether part of boots the inner part of the shoes onely excepted any part of the wombe shank neck flank pole or cheek of any hide or into the outer sole other then the best of the ox or steer hide or into the inner sole other then the necks wombe pole or cheek or in treswels of the double soled shoes other then the flanks of any the said hides or hath put to sale any yeare between the last of September and the twentieth of April any shoes boots c. meet for any person above foure yeares old wherein hath been any dry English leather other then calves or goats skinnes dressed like Spanish leather or hath shewed for sale any of his wares upon Sunday loseth 3 shillings 4 pence for every pair and the just value 1. Jac. cap. 22. Lam. 465 466. Every lord of faire or market that doth not appoint two or three honest and skilfull men to be searchers and sealers of leather there and six honest and expert men to try the same leather loseth 40 pound Lam. 466. Such triers as do not their daties therein without delay lose 5 pound for every default Lam. 467. Searcher or sealer so appointed refusing with speed to seal good leather or allowing insufficient leather loseth 40 shillings or receiving any bribe or exacting any undue fee for execution of his office loseth for every offence 20 pound or refusing to execute the said office being duely elected loseth 10 pound Lam. 467. He that will not suffer a searcher to enter into any place to search tanned leather or wrought wares or to seize or carry away that which is insufficient or hath put away any tanned leather red unwrought without registring the same and the price thereof loseth the value of the leather Lam. 467. 1. Jac. 22. Leets Steward of a leet cannot grant suretie of the Peace unlesse it be by prescription but he may commit him to ward that shall make an affray in his presence whilest he is in execution of his office Lam. 14. He may also take presentment of an offence against the Peace ibid. Lent vide Fish-dayes Liberties and Franchises Justice of Peace may execute his authoritie within any liberties not being a countie within it self and it is good but the libertie may have their remedie against him Lam. 47 48. Dal. 21. Cro. 8. a. 181. b. 189. a. Libellers A man finding a libel against a private man must presently burn it or deliver it to some Magistrate Dal. 189 190. edit 1626. If against a Magistrate or publick person to deliver it to some magistrate that by examination the authour may be found out Dal. 190. edit 1626. Libellers it seemeth may be bound to their good behaviour as disturbers of the Peace whether they be contrivers procurers or publishers of the libels for such libelling and defamation tendeth to the raising of quarrels and effusion of bloud and speciall occasions to the breach of the Peace Dal. ibid. Libelling is by scandalous writings by book ballad epigram or ryme 2. by scandalous words as scoffes jests taunts or songs 3. by hanging up of pictures or signes of reproach neare the place where the partie traduced doth converse most as gallows cucking-stool pillorie horns or such like Dal. 189. edit 1626. Cook 5. fol. 125. Licenses Two Iustices of the Peace may license poore diseased persons to travell to the Baths for remedie of their grief so as they be provided of relief for their travell and beg not 39. Elis 4. Dal. 77. Lam. 332. 1. Jac. 25. Iustice of Peace dwelling neare where any person suffered shipwrack shall land may and ought to make a testimoniall under his hand to such persons of the landing c. and thereby to license them to passe the next direct way to their place of birth or dwelling
and limit them a convenient time for their passage Dal. 78 100. Lam. 303. 35. Elis 4. 17. 1. Jac. 25. No Iustice or Iustices of Peace as it seemeth can in any case license any poore man to wander or beg at all Dalt 78 100. Lamb. 303. 35. Elis 4. 17. Convicted for abusing of a license of transportation of victuall shall be committed for a yeare without bail or mainprise Lam. 349. Licenses for badgers drovers c. are to be granted in open Qu. Sessions 5. Elis 12. Lam. 610. Linen cloth He that causeth to be used any racking beating or casting any deceitfull liquor or other means on any kinde of linen cloth whereby it becometh deceitfull or the worse for use forfeiteth such cloth and is to have imprisonment for a moneth at the least and to be fined according to the Iustices discretion 1. Elis 12. Cro. 90. a. Lying in a way vide Way-lying Acts made 16. R. 2. 20. R. 2. 1. Hen. 4. 7. H. 4. 8. Hen. 6. Hen. 8. are repealed 3. Car. 4. Log-wood aliàs Blockwood Suspected to have offended against the statute for logwood upon information to a Iustice of Peace the suspect or his servant or workman may be called by warrant and examined by oath or otherwise to disclose the offence and the offence being discovered the offender and the examinates shall be bound over to the next goal-deliverie or Qu. Sessions and there be judged to forfeit 20 pounds and pillorie one or more market dayes or upon refusall to be bound to be committed to the goal till he will be bound 39. Elis 11. Lam. 613. Dal. 38. Any two Iustices of the Peace where any logwood shall be found in whose hands soever it shall be may cause the same to be burned 23. Elis 9. Dal. 38. Cro. 198. b. Masons THe causing of masons to congregate themselves in chapters is felonie Lam. 227. 3. Hen. 6. 1. Mainprise vide Baylment Maintainers and Embracers Maintainers and embracers of a Iurie enquiring of a riot forfeit twentie pounds and to be committed to prison and to remain according to the discretion of the Iustice 19. Hen. 7. 13. The Iustices shall sit upon the inquisition of riots with the Sheriffe or under-sheriffe and ought to certifie the names of the maintainers and embracers of a Iurie with their misdemeanours which they know by which the truth of the said riot is not found upon pain of 20 pound for every one that hath not a reasonable excuse 19. Hen. 7. 13. Cro. 199. b. Maintainers of quarrels and embracers of Iurours are to be imprisoned and bound to the good abearing 33. Hen. 8. 10. 37. Hen. 8. 7. 38. E. 3. 13. Lam. 440. Maintenance is where any man giveth or delivereth to another that is plaintiffe or defendant in any action any thing to maintain his plea or else maketh extream labour for him where he hath nothing to do therewith Embracer is he that when a matter is in triall between partie partie cometh to the barre with one of the parties having received some reward so to do and speaketh in the case privily laboureth the Iurie or standeth there to survey or overlook them thereby to put them in fear and doubt of the matter but men learned in the law may speak in the case of their clients Terms of the law Maim He that hath maimed another of any member whereby he is lesse able to fight as if a bone be taken out of the head or a bone broken in any part of the bodie or foot or hand or singer or joynt or if a foot or any member be cut or by some wound the sinews be made shrink or other member or the fingers made crooked or if an eye be put out or the fore-teeth broken or beat out or any other thing be hurt in a mans bodie by means whereof he is made the lesse fit to defend himself or offend his enemie he and his accessaries shall be grievously fined Lam. 429. Iustices of Peace cannot upon an enditernent of maim make the triall by their own view and inspection as the J. of the Kings Bench may do Lam. 532 414 10. If Iustices of Peace stand in doubt whether the hurt be a maim or not they may use the help and opinion of some skilfull Chirurgeon to consider thereof Malt. If any Bailiffe or Constable of any borough or other town shall finde any malt made contrary to the statute 2. 3. E. 6. 16. 27. Elis 14. then with the advice of any Iustice of the Peace within the shire he shall cause the same to be sold to such persons and at such reasonable prices under the common price of the market as to their discretion shall seem convenient Lam. 202. Dal. 65. 21. Jac. 28. Any two Iustices of the Peace may duely convict by two witnesses or by the parties confession any person that shall disobey the restraint of malting made in open Q. Sessions and shall commit him to prison without bail or mainprise for three dayes untill he become bound in fourtie pound to perform such restraint 39. Elis 16. Lam. 332 202. Dal. 65. The Justices of Peace or the greater part of them may in open Qu. Sessions restrain the converting of barley into malt 39. Elis 16. Lam. 613. Malt must be 3 weeks in the fat on the floore steeping and drying except in June July August and then 17 dayes or lose 20 pence for every quarter Lam. 451. Dalt 85. No insufficient malt mingled with good malt must be put to sale 2. 3. E. 6. 16. 17. Elis Lam. 452. Dal. 85. edit 1626. No malt shall be put to sale that is insufficiently troden and out of which for every quarter hath not been fanned one peck of dust ibid. Manslaughter vide Homicide Mariner Mariner coming from beyond the seas or a sea-faring man having suffered shipwrack and in want may be licensed by the next Justice of Peace to his landing to ask relief in his journey homewards 39. Elis 4. Lam. 303. Dal. 109. No fisher-man to be taken for a mariner by the Kings commission unlesse chosen by the two next Justices to the place where he is to be taken 5. Elis 5. Lamb. 359. Dal. 66. Mariner departing from his Captain without license or wandring idlely without or with a forged license knowing thereof is a felon 39. Elis 17. Lamb. 227. Any poore Mariner or Souldier coming from beyond the seas that shall repair to his place of birth c. and cannot there get work two Justices of the Peace next adjoyning may take order to set him to work and for want of work tax the whole hundred for his relief till sufficient work may be had 39. Elis 17. Dal. 109. Lamb. 359. Market overt He that is owner c. of any faire or market where horses geldings mares or foles are to be sold and doth not yearely assigne one open place where the said horses c. shall be sold and one to
to the King IF any practise to absolve perswade or withdraw any from their naturall obedience to the King or for that intent from the religion now established here to the Romish religion or to move them to promise obedience to the See of Rome or other estate or if any have been willingly so absolved or have promised such obedience it is treason 23. Elis 1. Lam. 412. Cro. 18. a. Colore officii When officers take any thing Colore officii it is taken in malans partem and is extortion and the office is but a vail to cover the fault but when it is ratione or virtute officii then it is in bonam partem Cro. 57. b. Ordinarie His Fees vide Fees The Ordinarie oweth not his attendance at the Sessions of the Peace as he doth at the goal-deliverie Lam. 395 396. Oath You shall swear that the suretie of the Peace which you require against A B is not of any malicious intent for vexation but for very fear and for the needfull preservation of your body and goods in safetie so help you God Lam. 83. Oath of the Iustice of Peace vide Dal. 10. Oath of supremacie Dal. 11. Oath of alleagiance Dal. 12. 3. Jac. 4. 7. Jac. 6. The Custos Rotulorum or any two Justices of the Peace one being of the Quorum may take the oathes of Under-sheriffes of their Countie their Bailiffes Deputies Clerks or under-officers before they shall exercise their said offices Dal. 108. Quaere if Iustices of the Peace may examine upon oath sureties of their sufficiency Dal. 142. Iustices of Peace in their Sessions may do it Cro. 194. a. Default of Under-sheriffes their Clerks Bayliffes c. in not taking their oathes for execution of their office is to be heard and determined at the Quarter Sessions 27. Elis 12. Lam. 615. Under-sheriffes Bayliffes c. doing any thing contrary to their oathes lose to the partie grieved treble damages 27. Elis 12. Lam. 433. Where the refuser of the oath of alleagiance shall incurre a Praemunire vide Pramunire Refuser of the oath of alleagiance is disabled to execute any place of judicature or office being no office of inheritance or ministeriall function or practise of the law Civill or Common or the science of Physick Surgerie or the art of Apothecarie or any liberall science 7. Jac. 6. One Iustice of Peace to whom complaint is made may commit to the goal without bayl till the next Assizes goal-deliverie or Quart Sessions any above the age of 18 yeares under a Baron or Baronesse which stand presented indicted or convicted for not coming to Church or not receiving the Communion or which by the Minister pettie Constable and Churchwarden or any two of them shall be complained of to any Iustice of the Peace and by him suspected for refusing the oath of alleagiance 7. Jac. 6. Lamb. 199 200. Two Justices of Peace one being of the Quorum may require any person of the age of 18 or above under the degree of a Baron or Baronesse to take the oath of alleagiance and on refusall to commit him to the goal without bayl till the next Assizes or Q. Sessions 7. Jac. 6. Lamb. 363. Where the examination of a Iustice of Peace is the conviction of the party there it ought to be upon oath but where it is but to inform the Iurie upon the indictment it needeth not Lamb. 536. Dal. 125. Though the statute doth not expressely say it shall be upon oath Dal. ibid. In cases of felony it seemeth convenient that the information be upon oath otherwise the examination shall not be given in evidence If the examinate die before the triall the examination may be evidence without oath many will speak coldly It is the practise of the Courts in Westminster Dal. 264. Cro. 194 a. Lamb. 213 214 215. The refusing the oath of alleagiance required by two Iustices of the Peace and the taking of the same and oath of supremacy by a conformed Recusant returning into England are to be certified at the next Q. Sessions 7. Jac. 6. Lamb. 216. The oath of alleagiance required at the Q. Sessions of such as formerly refused the same and being there tendered and refused the refusers other then Noblemen and women incurre Praemunire except women covert who are to be sent to the goal without bayl ibid. Orchyards and Gardens vide Hedgebreakers Overseers of the Poore All to whom the overseers by 43. Elis 2. may binde apprentices may take and keep them as apprentices and the overseers may with the assent of two Iustices of Peace one being of the Quorum in their respective limits where there be more then one or by assent of one Iustice of Peace where there be no more set up use and occupy any trade mysterie or occupation onely for setting poore of the parish on work wherein there are overseers 3. Car. 4. Pannell vide Iurours Pardon AT the Common Law before the statute of 13. R 2. a pardon of all felonies was good for murders and some for treason Lamb. 561. Pardon of all felonies is not good for murder or petty-treason except the pardon be with a non obstante or that murder be therein expressely mentioned Dal. 213. Cro. 21. b. But it is good for accessaries both before and after Lamb. 561. A pardon of all felonies will not discharge a man that is attainted of felony except the execution and attainder be pardoned Dal. 213. Cro. 115. Lamb. 562. Breaker of the Peace after the pardon forfeiteth the pardon and may be hanged notwithstanding his pardon Dal. 213. Cro. 115. b. The King onely can pardon treason murder or other felony or any accessary thereunto Dal. 214. Generall pardon is that which is given by act of Parliament to all men of which the Court ought of duty to give allowance though the party will not plead it nor accept the benefit thereof Lamb. 559 560. Pardon of abjuration is not good without speciall words of abjuration Lamb. 562. Quaere if a generall pardon for petty-treason avail him that is indicted of murder without the word proditoriè 560. A generall pardon coming betwixt the stroke and the death of all misdemeanors will avail for the death Lamb. 560. Quaere if a pardon of all offences except persons outlawed of murder will avail one that hath committed manslaughter and yet indicted and outlawed of murder and after the pardon reverseth the outlawry Lamb. 560. Pardon of attainder and execution for felony is not good for felony Lamb. 562. Pardon of a Goaler for escapes of felony and traitours is not good for voluntarie escapes Lamb. 562. Pardon of 2 for all felonies done by them or either of them will not serve for offences done by one of them alone Lamb. 562. Pardon must agree with the indictment in name and addition of the party and nature of the offence for a pardon of all felonies is not good for petty-treason murder nor of one attainted of felony Lamb. 561. A speciall pardon
ought to be pleaded under the great seal and a writ of allowance brought with it testifying he hath found surety for the good behaviour unlesse there be a dispensation by non obstante Lamb. 561. Prisoner pleadeth a pardon the I. of P. in absence of the Kings Atturney may joyn issue that he is one of the persons excepted Lamb. 560. He that killeth another se defendendâ— must sue to the King for a pardon Lamb. 253. He that killeth one by misadventure shall have a pardon of course without suit Lamb. 254. The manner of suing a pardon of course is If they desire to purchase their pardon they must upon their triall plead not guilty and then the speciall matter being found by verdict they shall be bayled then they must sue forth a Certiorari to certifie the record to the Lord Chancellour who shall make them a pardon of course under the great seal without suing to the King D. 217. Sta. 154. Park and Parker vide Hunting Hunters or killers of any Deere or Conyes in the night or daytime in any park or warren or in any other inclosed grounds and being thereof lawfully convicted every such offender shall suffer 3 moneths imprisonment and finde sufficient sureties for the good behaviour for the space of seven yeares or else continue in prison till he finde such sureties for the space of 7 yeares Dal. 317. 5. Elis 21. 3. Jac. 13. Ed 1626. Parson and Vicar vide Ecclesiasticall causes Partridges and Phesants Every I. of P. may examine offences against the statute of 23. Elis 10. Dal. 67. Lamb. 200. By 1. Jac. 27. he that shall shoot at kill or destroy with any gun or crosse-bow any Partridge Phesant House-dove or Pigeon with setting-dogs and nets or with any manner of nets snares engines or instruments or shall kill or destroy any partridge phesant house-dove pigeon heron mallard duck teal or any such fowl or hare or shall take or willingly destroy the egges of any phesant partridge or swan or shall trace or course any hare in the snow or take or destroy any hare with cords or such instruments or shall keep any greyhound for deere or hare or setting-dogs or nets to take phesants or partridges not having lands of inheritance of 10 pound or 30 pound per annum not having lands of inheritance for life or in goods 200 pound or be sonne of a Knight or sonne and heir apparent of an Esquire any of the said offences being proved by the parties confession or oath of two witnesses before any two Justices of Peace of the countie where the offence shall be committed or the partie apprehended shall be imprisoned for 3 moneths without bail unlesse he forthwith upon his conviction pay to the use of the poore there 20 shill for every hare fowl and egge and 40 sh for every greyhound setting-dog or nets or after three moneths imprisonment be bound with two sureties not to offend in any the said particulars which recognizances taken by two Justices of the Peace may be returned at the Quarter Sessions 1. Jac. 27. Dal. 67 68. Lam. 335. By 7. Jac. 11. proof of 1 witnesse is sufficient for the taking c. of partridges and phesants the punishment as 1. Jac. 27. Killer of partridges or phesants with hawks or dogge by colour of hawking between the first of July and the last of August upon conviction within six moneths after the offence by the confession of the partie or oath of two witnesses before two Justices of Peace is to be imprisoned one moneth without bail unlesse he pay presently to the Church-wardens and Overseers of the poore where he offended or was taken 40 shill for hawking and 20 shill for every partridge or phesant taken 7. Jac. 11. Dal. 68. Lam. 335. Taking of phesants or partridges upon another mans ground by nets or otherwise except unwillingly by trammell and there to let them go again loseth 20 shill a phesant and 10 shill a partridge 11. H. 7. 17. 23. Elis 10. Lam. 447. Hawking in corn before it be cropped without consent of the owner loseth 40 shill ibid. Taker killer or destroyer by gunnes bows setting-dogs nets or other engines of any partridge or phesant except the owner of a warten lord of a manour or having lands of inheritance in his own or his wives right of the clear yearely value of 40 pound or for life of 80 pound or goods worth 400 pound and their houshold-servants authorised by them within their own grounds in the day time onely betwixt Michaelmas and Christmasse upon conviction within six weeks after the offence committed by confession or oath of two witnesses before two Justices of Peace next the place of offence or apprehension to be imprisoned 3 moneths without bail unlesse he pay immediately unto the Churchwardens and Overseers of the poore of one of the said places 20 shill and be bound to the King by recognizance in 20 pound never to offend again the same to be certified at the next generall Quarter Sessions 7. Jac. 11. Buyer or seller of hare deer partridge or phesant except partridges or phesants bred up or brought up from beyond the seas loseth for every deer 40 sh phesant 20 sh hare or partridge 10 sh one moytie to the informer the other to the poore of the parish 1. Jac. 27. Constable by warrant from two Justices of the Peace may search the houses of any not allowed suspected to have any setting-dogs or nets for partridges and finding them may detain kill or cut in pieces any of them 7. Jac. 11. Offences against the statute of 1. Jac. 27. punished by it are not to be punished by Judges of Assize in their circuit Justices of Peace at Quarter Sessions or two Justices of the Peace out of the Sessions 1. Jac. 27. Offences punished by 7. Jac. 11. are not to be punished by any other 7. Jac. 11. Peace Every private person that shall be present at any affray assault or batterie ought to part them that fight and if he take hurt he shall have his action but if they resist him he may not hurt them Lam. 131. Dal. 28. Every man may stay the affrayers till their heat be cooled and then they may deliver them to the Constable to imprison them till they finde sureties of the Peace but they may not imprison them unlesse the one of them be in perill of death by some hurt for then any man may carry the other to the goal till it be known whether the other will live or die Lam. 131. Dal. 28. He which hath mortally hurt another flieth into anothers house any man that pursueth him with hue and crie may break open the house enter and take him Lam. 131 132. Dal. 29. Peers vide Noble personages Pedlers vide Rogues Perjurie Procuring any unlawfully to commit wilfull perjurie in any case depending in Court of Record Leet Count Baron Hundred Court or ancient demesne or hath corruptly suborned any witnesse sworn to testifie
the Justices of Peace before whom it was taken into the Kings Bench within 40 dayes after if the term open if not then the first day of the next term or every J. lose 100 pound 5. Elis 1. Printer buyer seller or bringer from beyond the sea of any Popish Primer Lady Psalters c. in any language or other superstitious books in English loseth 40 shill a book whereof one part to the King another to the informer a third to the poore of the parish where the book shall be found 3. Jac. 5. Two Justices of the Peace may search the house or lodging of a Popish Recusant or whose wife is such for Popish books and reliques and finding any unmeet for them to use must deface and burn them or being of value deface them and restore them to the owner 3. Jac. 5. Poore People Traveller with wife and children not being a rogue dyeth or runneth away the Town where that happeneth is not bound to keep them nor send them away except they become wandring rogues Lamb. 208. Resol 7. Parents able to work are to finde their children by their â—…bour and not the parish Resol 8. None is to be removed out of the Town where he dwelleth or sent to the place of birth or last habitation but a vagrant nor found by the Town except he be impotent Resol 9. Persons destitute of houses by expiration of term or servants out of service must provide houses for themselves and services Resol 9. Dal. 75. Able bodies refusing to work and no wanderers are not to be sent to the place of birth or last habitation but to the house of correction Res 10. by such a Iust of P. as may appoint overseers for the poore 43. Elis 2. Dal. 71. Lamb. 209 295. Able bodies yet idle and refusing to work having any lawfull means to live by are not to be sent to the house of correction Res 10. It is fineable to remove or put any out of the parish who are not to be put out and such may be sent back Resol 11. None may take relief at any mans doore in the parish but by the appointment of the overseers nor beg in the high-wayes in their parish Res 15. Parsons vicars farmers or owners of impropriations colemines or saleable woods are to be charged with the relief of the poore Res 18 19. In default of an assesse made by the Church-wardens Constables and Parishioners of the Tax imposed upon them at the Easter-Sessions one Iustice dwelling in the parish or if none dwell there the next adjoyning Iust may rate the assesse in default of payment may levy the same by distresse Any Iustice of Peace may imprison without bayl and make sale of the offenders goods rendring to the party the overplus and in default of such distresse any Iustice of Peace may imprison without bayl such refuser untill he pay the same 43. Elis 2. Lamb. 294 295. Dal. 110. Bishop and his Chancellour and 3 I. of P. have power to examine how money for relief of the poore appointed by the statute is bestowed and to call to account the detainers thereof 14. Elis 5. 39. Elis 34. Lamb. 336. I. of P. proved before the Iudges of Assize by 2 witnesses to be in default of examination of the statute for the poore loseth 5 pound 14. Elis 5. Lamb. 372. Parents at the Q. Sessions appointed to keep their children or children their parents and have not relieved them at their own charges lose 20 shil a moneth 39. Elis 34. Lamb. 445. In disabilitie of the parish or hundred to relieve their poore the greater part of the Iustices at the Q. Sessions may rate any other parish or hundred thereto 39. Elis 3. 43. Elis 2. Lamb. 611. Beggers children at the Q. Sessions may be bound to serve any subject in an honest calling 14. Elis 5. 18. Elis 3. Lamb. 614. Performance or not performance of so much of the statute of 14. Elis 5. for the poore as is not repealed by 39. Elis 3. or 43. Elis 2. is to be yearely examined at Easter-Sessions 14. Elis 5. Lam. 620. Overplus of the stock for maymed souldiers is to be imployed by the greater part of the Iust at the Q. Sessions to such charitable uses as are set down in the statute for the poore except by them it be reserved for future pensions 43. Elis 3. Young children the parents being dead are to be set on work and relieved by the Town where they dwelled at the death of their parents and not sent to the place of their birth Dal. 75. The Iustices may compell such as be of abilitie to take poore children apprentices and may binde such masters refusing over to the next goal-delivery so said Sr. Henry Montague at Cambridge Assizes 1618. and the statute of 43. Elis 2. seemeth to warrant as much the words whereof are to this effect It shall be lawfull for the Churchwardens and overseers or the greater part of them by the assent of 2 I. of the P. to binde any such children to be apprentices where they shall see convenient cause Dal. 92 93. or the Churchwardens or overseers with the assent of 2 such Justices may impose a competent summe of money upon such refuser for putting out such an apprentice and upon refusall to levy it upon the Justâ—… of Peace his warrant by distresse and sale of the offenders goods Dal. 93. Edit 1626. If the parents without good cause shewed refuse to suffer their children to be apprentices the Justice may binde them over to answer their contempt if the childe refuse send him to the house of correction quousque c. Dal. 93. A master putteth his apprentice into apparell he cannot take it away though he part with the apprentice Dal. 93. Edit 1626. If after the death of A another man abateth or entreth into his house forcibly before the heire of A hath gotten any actuall possession indeed the heire of A shall have no restitution because he had a possession in law onely Lam. 153. Dal. 44 185. Two Justices of Peace one being of the Quorum may send to the house of correction or goal such as imploy not themselves to work being appointed 43. Elis 2. Power of the County Information of a not is a sufficient cause to raise the power of the county though indeed there were none Lamb. 315. Dal. 88 89. Cro. 62 64. b. Power of the county is raised without knowledge or information of a riot if when they come they finde one it is lawfull and they may proceed to punish it Lamb. 316. Dal. 88 89. Cro. 62 64. b. Power of the county in suppressing a riot vide Riot The Justice of Peace Sheriffe or undersheriffe in levying power of the county may have the aid of all the Knights other temporall men under this degree that are above the age of 15 and able to travell upon pain of imprisonment fine and ransome to the King Dal.
use to make proclamation that if any will inform for the King he shall be heard Lam. 520. Proclamation annexed to the statute of 4. Hen. 7. 12. is to be read every Qu. Sessions or every Iustice present loseth 20 shill 4. Hen. 7. 12. Lam. 633. Quaere if of force now Promoters vide Informers Prophesying Prophesier with intent to make rebellion or other disturbance in the Realm being convicted thereof before the Iustice of Peace shall be imprisoned one yeare without bail for the first offence and forfeit also ten pound for the second offence imprisoned all his life and lose all his goods and chattels reall and personall to be impeached within six moneths 5. Elis 15. Lamb. 415 416. Purveyours If purveyours caterers or servants of any man but the King take any thing without the owners will or as they can agree and make present payment it is felonie Lam. 231. Dal. 246. Crom. 48. a. Purveyour shall not take cart or other provision of any Prelate or Clerk Purveyour his deputie undertaker or servant maketh purveyance without warrant of any thing above 12 pence without consent of the owner it is felonie 2. 3. P. M. cap. 6. Lam. 422. Dal. 245. Cro. 48. a. Purveyour taking any carriage in other manner then is comprised in his Commission it is felonie 36. Ed. 3. cap. 2. Lam. 423. Dal. 145. Or any purveyour without Commission under the great Seai Dal. ibid. Cro. 48. b. it is felonie Or make purveyance of goods above 12 pence without testimonie and apprizement of the Constable and foure honest men of the town and without delivering tales or indentures under his seal testifying his purveyance it is felonie Lam. 423. Dal. 245. 5. E. 3. a. 25. E. 3. 1. To take more victuals or carriages for the Kings house then he shall deliver to the same house is felonie Dal. 245. To take sheep in their wools betwixt Easter and Midsummer at small prices and to carrie them to his own houses to shear them Lam. 423. Dal. 245. 23. E. 3. 15. is felonie Quaere if the felonie of purveyours by 36. E. 3. b. be not altered by 2. 3. H. 6. 14. Purveyour taking any thing of 40 shillings or under without present payment loseth double the value of the thing taken and the Constable upon request made not aiding him to resist the purveyour so taking loseth double damages And any of the Kings officers procuring any to be arrested or vexed for such resistance loseth 20 pound 20. Hen. 6. 8. 23. H. 6. 2. Lam. 438. Purveyour taking any thing of any man to spare him is to be imprisoned two yeares pay treble damages and ransome Lam. 439. Purveyour taking corn by other measure then the stricken bushell or by any more then eight such bushels to the quarter and that hath taken carriages therefore without making ready paiment is to be imprisoned one yeare and pay 5 pound unto the King and 5 pound unto the partie 25. E. 3. 36. E. 3. 3. 1. Hen. 5. 10. Lam. 439. Purveyour of timber or his deputie causing any timber to be felled fit for barking but onely in barking time except trees for building or repairing the Kings ships or houses or having taken any profit by the lops tops or barks of any trees or having taken from the owner any more of any tree then onely the timber loseth 40 shillings for every tree Lam. 438 439. Dockets of Purveyours ought to be delivered over to the Iustice of Peace at the next generall Sessions and by the Iustice to be certified to the treasurer of the Kings houshold 2. 3. P. M. b. Lam. 614. Purveyour taking any provision for the Kings house by force of his Commission and selling away the same his first taking is extortion and he is punishable as a trespaster if not as a felon Dalt 246. Undertakers deputies servants and all other which under colour of the Kings Commission to the Kings purveyours do take any victualls against the statute are liable to the pains therein mentioned against purveyours 2. 3. Ph. M. b. Cro. 48. b. Justices of Peace are to certifie to the Treasurer of the Kings houshold the dockets of purveyours brought to their Sessions by Constables that the serving of such Commissions and the true answering of purveyances may be better examined thereby Lam. 590. 2. 3. P. M. b. Putting out of eyes Upon malice prepensed to put out any ones eyes is felonie 5. H. 4. 5. Lam. 420. Dal. 242. Cro. 49. a. Lam. 256. Quarter-Sessions vide Sessions Rape or ravishment DEflowring of a maid under ten yeares old with or without consent is felonie without clergie 18. Elis cap. 6. Lam. 256 421. Dal. 248. Cro. 47. b. Ravishing of a woman against her will without consent either before or after the fact or being with force though after she do consent is felonie without clergie West 2. cap. 34. 18. Elis 6. Lam. 256 241. Dal. 248. Cro. 47. b. To be present and aiding the ravisher is rape Lam. 258. Dal. 248. Cro. 47. b. Stam. 24. No rape where the partie deflowred conceiveth with childe Lamb. 257. Dalt 248. Crom. 47. b. Stam. 24. Deflowring of one kept as the deflowrers concubine is no rape otherwise of another mans concubine Lam. 257. Dal. 248. Cro. 47. b. Stam. 24. Force without carnall knowledge is no rape Lam. 257 258. A woman that is ravished ought presently to levy hue and cry and to complain thereof presently to some credible persons Dalt 248. Crom. 100. a. Stam. 22. To ravish a woman who consenteth for fear of death c. is ravishment for consent ought to be voluntarie and free Dal. 248. Cro. 48. a. Rates vide Taxations Records To rase a record is felonie yet if a Iudge do embezell or rase a record it is but misprision in a Iudge Dal. 243. Embezelling of any record writ returnable pannell processe or warrant of Atturney in Chancery Kings Bench Exchequer Common pleas or Treasurie is felonie in the parties their counsellours procurers or abetters Dal. 243. But it seemeth that Justices of Peace have not to do with these felonies Dal. 148. Lam. 449. Cro. 56. 8. 8. H. 6. 12. Rebellious assemblies The statutes 1. Mar. 12. and 1. Elis are discontinued Recognisance Recognisance is a bond of record testifying the recogniler to ow a certain summe of money to some other and the acknowledgement of the same is to remain of record and none can take it but onely a Judge or officer of record Dal. 284. Every recognisance taken by a Iustice of Peace must be made by these words Domino Regi upon pain of imprisonment of any person that shall take it otherwise Dal. 285 332. 33. H. 8. 29. Cro. 196. 8. Lam. 162. Dal. 142. Sureties in recognisances ought to be subsidie men and they must be two besides the partie himself Lam. 101. It is in the discretion of a Iustice of Peace if he take a
statute 39. Elis 4. to be a rogue vagabond or sturdie begger and shall cause him so whipped to be sent from parish to parish by the officers of the same the next way to the parish where such person was born if it can be known if not to the parish where such rogue last dwelt before the punishment by the space of a yeare there to labour or not being known where he was born or dwelt then to the parish through which he last passed without such punishment to whom the Justice shall under his hand and seal make a testimoniall witnessing his punishment day and place thereof and whither he is limited to travell and by what time And in case such place of birth and last dwelling be not found nor known then such person shall by the officer of such village through which he last passed without punishment be conveyed to the house of correction of the limit or to the common goal 39. Elis 4. there to remain untill such person be placed in service for one yeares continuance or not being able of bodie till such person be placed in some almes-house of that place or countie Lam. 204 205. He is an incorrigible rogue that misreports the place of his birth and is to be sent to the house of correction in the countie to which he is sent and if there be none there then to the goal untill the next Sessions so if he misreport the place of his last dwelling by the space of a yeare if it appeare not where he was born Lam. 207. Res 12. Dal. 98. Husband and wife having an house rogue about they must be sent to the town where that house is and so of an inmate Lam. 207. Res 3. Dal. 98. Wife and children under 7 yeares being vagrant are to be placed with the husband if the husband be dead then where they were born or dwelt last Lam. 227. Res 4 9 10. Dal. 98. Children vagrant above three yeares old must be sent to the place of their birth ibid. Dal. 98. Vagrant persons and parents with their children under 7 yeares of age being once placed at the place of birth of their parents or last dwelling the parents dying after or running away the children once settled must still remain there ibid. Dal. 98. Wife vagrant is to be sent to her husband though he be but a servant Lam. 208. Res 5. Dal. 98. Rogue whose place of birth or dwelling cannot be known hath wife and children under 7 yeares of age they must be sent with the husband to the place where they were last suffered to passe unpunished and the children must be relieved by the work of the parents though the parents be sent to the house of correction Lam. 208. Res 6. Rogue sent to a town and refused by the Churchwardens and Overseers to whom he is to be offered is a forfeiture of 5 pound in the refuser Lam. 210. Res 12 14. Dal. 101. Rogue sent from the place where he is taken by a generall pasport without conveying him from parish to parish is a let in the taming of rogues and a forfeiture of 5 pound Lam. 210. Res 13. Dal. 101. Rogue going with such a pasport continuing a rogue is to be punished by whipping ibid. By parents is to be understood father or grandfather mother or grandmother being able persons Lam. 210. Res 16. By children any childe or grandchilde being unable Lam. 210. Res 15. Diseased person soliving of almes and travellers to Bath or Buxton for remedie are to be licenfed thereto by two Iustices of Peace 39. Elis 4. Lam. 532. yet may not beg but must be provided of maintenance for their travell Dal. 100 97 98. Forfeiture of offences against the statute 39. El 4. upon conviction or confession by two witnesses before two Iustices of Peace may cause the same to be levied by warrant under their hands and seals by distresse and sale of the offenders goods 39. El. 4. Lam. 331. All questions growing upon the statute of rogues may be heard and determined by two Justices of Peace 39. Elis 4. Lam. 359. whereof one of the Quorum Dal. 103. Constable or tithing-man not doing his endeavour to apprehend rogues within their limits or wilfully suffering them to escape unpunished forfeiteth 20 shill for every offence the like if they do not convey them away towards their dwelling or place of birth 39. El. 4. Lam. 444. 1. Jac. 7. Dal. 102. Rescous or hindring the execution of the statute 39. Elis 4. forfeiteth 5. pound and is to be bound to his good behaviour 39. Elis 4. Lam. 444. Dal. 101. Minister of the parish not keeping a register of the testimoniall of rogues punished in his parish and conveyed thence loseth for every default 5 shill 39. Elis 4. Dal. 101. Lam. Every one is to carry to the Constable such beggers as they shall know to come to their doores for almes or lose ten shillings 1. Jac. 7. Dal. 102. Justices of Peace are to meet twice a yeare in their severall divisions for the executing of the statute 7. Jac. 4. against vagabonds and 4 or 5 dayes before by warrant to command the Constables of hundreds or towns by assistants of some of every town to make a generall privie search by night for finding and apprehending rogues to be brought before the Justices at their meeting by them and punished or sent to the house of correction 7. Jac. 4. Dal. 103. Constables at every meeting of the Just of Peace for the execution of the statute of rogues are to give an account upon oath in writing and under the hand of the Minister of the parish what rogues c. they have apprehended both in the same search and also between every meeting and how many have been punished by them or sent to the house of correction in default thereof be fined under 40 shil as by the most of the Just shall be assessed 7. Jac. 4. Dal. 103. No man is to be put out of the town where he dwells or sent to his place of birth or last habitation but onely a vagrant rogue Dalt 99. Resol 9. Lam. 209. So of them whose terms of their houses are expired and servants whose times of service are ended for they must provide themselves houses anew if they be not impotent for ever Dangerous rogues are to be banished or condemned to the gallies by the Iustices at their Qu. Sessions 39. Elis 4. Lam. Rogues by judgement of most of the Iustices of Peace in open Sessions adjudged incorrigible ought to be branded on the left shoulder with the letter R and then to be sent to their dwelling if they have none then to their last dwelling place where they dwelt for a yeare or if that cannot be known to their places of birth 1. Jac. 7. Vide plus House of Correction Robberie Robbery is a violent taking away of any goods from any mans person with intent to steal them Lam. 267. and putting him in
fear thereby though the thing taken be but to the value of an half-peny Dalt 227. Cro. 33. b. But if a felon take money from me in the high-way and shall not put me in fear it is not robberie Dal. 222. Cro. 34. b. Lam. If a thief take nothing from my person but assaulteth me whereby he getteth any thing from me it is robbery Dal. 227. As 1. I cast my purse on the ground and he taketh it away Dal. 227. Lam. 268. 2. After assault he prayeth me to give him a peny and I do so Dal. 227. 3. If upon assault I deliver my purse Dal. 227. Cro. 34. a. Lam. 267 268. 4. If flying from a thief I cast my purse into a bush and he doth after a day take it away Dal. 227. Cro. 34. b. 35. a. Lam. 268. 5. If upon assault I flie away and my hat fall and the thief carry it away Dal. 227. Cro. 35. a. 6. If a thief bid me deliver my purse without any force used and I deliver it and he finding but two shillings in it delivers it again Dal. 227. Cro. 34. b. 7. If by threats he compell me to swear to bring him money and afterward I bring him the money accordingly Dal. 228. Lam. 228. 8. In some cases it is robberie though the thief neither take it from my person nor assault me As 1. A thief taketh my goods openly in my presence against my will the fear is the like as if it had been from my person Dal. 228. Cro. 34. a. Lam. 269. 2. To take a horse or a beast out of my pasture I looking on if the felon put me in fear Dal. 228. Cro. 34. b. 3. To make it robbery the person must be put in fear Dal. 228. Cro. 34. b. 4. Two come to rob me and one acteth it being out of the sight of the other who after returneth to him it is robbery in both Dal. 228. Cro. 34. a. Lam. 270. To assault one to rob him without taking any thing is not robberie Dal. 227. Cro. 34. a. After a robbery committed the hundred must answer the losse if the robbers be not taken within 40 dayes if it be done in the division of two hundreds both hundreds the franchises within them must be answerable Dal. 128. No person robbed shall bring any action upon the statute of Hue and Cry except he be first examined within 20 dayes next before the action and brought upon his corporall oath before some one Iustice of Peace of the countie where the robberie was committed whether he doth know any of them that did the robberie upon which examination if he confesse he knoweth any of them then shall he before such action brought enter into recognisance before the said Iustice effectually to prosecute such persons by indictment or otherwise according to the due course of the laws of this Realm 27. Elis 13. Lam. 202. After robbery committed the robbed shall not recover against the hundred except 1 with all convenient speed he give notice of the robbery to some inhabitant neare to the place where the robbery was committed 2 He commence his action within a yeare and a day next after such robbery committed 3 He be examined ut suprà Dal. 104. before a Iustice of Peace The whole hundred must answer the robbery if the robber be not taken within 40 dayes and the hundred wherein defect of fresh suit is one moytie Dalt 129. Any two Iustices of Peace in the hundred one being of the Quorum may assesse all towns and parishes in the said hundred and liberties therein towards an equall contribution which money the Constable must deliver to the same Iustices within ten dayes after collection and they upon request to those to whose use it was collected Dal. 104. Cr. 197. a And the hundred shall be assessed in like sort in default of pursuit of fresh hue and cry Dal. 105 129 Robbery in a house doth not charge the hundred whether it be done in the day or in the night ibid. The hundred is discharged upon taking of any of the offenders by pursuit Dal. 109. so if the partie robbed take any of the offenders after hue and cry made Dal. ibid. Robbing a house or any out-house as a barn or stable in the day to the value of 5 shill Robbing a house by day or by night any person being therein and thereby put in fear Robbing any person in any part of his dwelling house the owner or dweller wife children or servants being in any place within the precinct of the same sleeping or waking Robbing any booth or tent in fair or market the owner his wife children or servants being in the same sleeping or waking All these are as penall as Burglarie Dal. 146. Lam. 265. 39. Elis 15. Rome vide Pope Rout. Rout is where three or more persons be disorderly assembled to commit with force whether they put in execution their purpose or no if they so do go ride or move forward after their first meeting Lam. 176. Sacriledge SAcriledge is the felonious taking of goods out of any Church or Chappell Lam. 420. Sacraments Three Iustices of Peace may take accusation by oath of two witnesses against such as deprave the Sacrament of the Supper and examine what witnesses were by and binde them all to give evidence at the day of triall and they being found guiltie shall be imprisoned and fined 1. Ed. 6. 1. Lam. 366 416. Quaere Three Iust of Peace one being of the Quorum may award against one endited upon the statute of 1. E. 6. 1. for depraving the Sacrament a Capias Exigent and Capias ut legat into any shire 1. Ed. 6. 1. Saltpeter-men Saltpeter-men cannot dig in the mansion house of any subject without his assent in regard of the danger that may happen thereby in the night time to the owner his family and goods by theeves and other malefactours Dal. 177. Cook 11. 82. Schoolmaster To keep or maintain a schoolmaster which resorteth not to Church or is not allowed by the Bishop or Ordinary of the Diocesse the maintainer forfeits ten pounds for each moneth and the schoolmaster to be imprisoned for a yeare without bail and disabled 23. Elis 1. Lam. 419. Any keeping a schoolmaster out of the Universitie except in publick Grammar-school and except in such Noblemen and Gentlemens houses as are not Recusants and licensed by the Archbishop or Guardian of the Diocesse both keeper and schoolmaster forfeits 40 sh a day 1. Jac. 4. Seditious sectaries One Justice of P. may within three moneths after the conviction of any seditious sectarie or Popish Recusant described in the statute of 34. El 1 require the submission of him to conformitie and in default of such submission may require him to abjure the Realm and if he refuse or after return without license it is felonie 35. El. 1. 2. Lam. 204. Sermon vide Preaching Servants vide Labourers and Apprentices Serving-men vide Testimoniall Sessions of the Peace
traverse the presentment as a leet of bloudshed Lam. 542. The Court may award processe ad respondendum upon an enditement and may take a traverse of it Lam. 543. Presentment of bloudshed found in the Sheriffs turn and sent to the Iustice of Peace cannot be traversed before them Lam. 542. One of the enquests presents himself it is not traversable Lam. 543. Travelling beyond the seas Officer of Ports or owner of a vessell suffering any woman or childe under 21 yeares of age except Saylers shipboyes Apprentices or Factors of Merchants in their trades to go or carying any of them beyond sea without license of the King or six of the Privie Councell under their hands such Officer of the Ports forfeiteth hâ—… office and all his goods and the master of the vessel his vessell and imprisonment without bayl for 12 moneths and loseth also all his goods 1. Jac. 4. Any subject going beyond the feas to serve any forrain State not taking the oath of alleageance before the Controller or Customer of the Port or either of their deputie or deputies before his going shall be a felon the oath by them to be registred and certified into the Exchequer once every yeare or lose 5 pound for every oath not certified 3. Ja. 4. Any Gentleman or of an higher degree or Captain or other Officer in the army before his going beyond sea to serve any forrain Prince or State must be bound by the Controller or the Customer of the Port with two sureties allowed by the Officer unto the King in 20 pound with condition not to be reconciled to the Pope nor to practise any thing against the King but knowing any thing to reveal it the same bond to be by them registred and certified into the Exchequer once every yeare or lose 5 pound for every default 3. Jac. 4. Children not being Souldiers Mariners Merchants Apprentices or Factors going beyond sea without license of the King or six of the Privie Councell whereof the principall Secretary to be one under their hands and seals shall take no benefit by descent or otherwise of any lands leases goods or chattels untill he or they being 18 yeares old or above take the oath of Alleageance before one Iustice of Peace of the County where the parents dwelt or dwell And in the mean time the next of kinne being no Popish Recusant to enjoy them till he shall conform to take the said oath of Alleageance and receive the Sacrament of the Lords Supper and then to accompt to him for the mean profits and in reasonable time to make payment thereof And the senders lose 100 pound one third part thereof to the King another to the suitour another to the poore 3. Jac. 5. Vide Transportation Traveller Innekeeper or Alehouse-keeper refusing to lodge a traveller Iustice of Peace or Constable may compell him Quaere how viz. to present the offence at the Assises or Sessions Dalt 25. Sr. James Lee delivered that the Innekeeper or Alehouse-keeper may for the same be endited fined and imprisoned or the party grieved might have his action Dalt 28. Ed. 1626. Treason Treason is a grievous offence done or committed against the King in his person the Queen his wife his children Realm or authoritie Dalt 198. As To compasse the death of the King Queen his wife or of their eldest sonne and heire or to intend any of their deaths though it be not offered Dalt 198. To deflowre the Kings wife his eldest daughter being unmarried or his eldest sonnes wife Dalt 198. To levie warre against the King in his Realm Dalt 198. To conspire to levie warre against the King Dalt 198. To conspire with a Governour of another countrey to invade the Realm Dal. 198. To kill one that is sent on the Kings message Dalt 198. To encounter in fight and kill such as be assisting to the King in his warres or come to help the King ibid. To aid the Kings enemies in his Realm Dalt 199. To counterfeit the Kings great seal signet manuall Privie-signet or Privie-Seal Dalt 199. To take an old seal and put it to a new patent quaere whether treason or misprision Dal. 199. And so of those that without authoritie set the Kings seal upon any writing or fraudulently thrust a writing amongst others to seal and so get it fealed Dal. 199. To counterfeit the Kings coin or any coin currant within the Realm Dal. 199. To bring in any false money knowing it to be false Dal. 199. If he which hath the Kings warrant to coin doth coin money in England Ireland or elswhere lesse in weight then ordinarie or coineth false metall Dal. 199. All counsellers procurers consenters or aiders of any the forenamed treasons are within purview of the statute of 25 Elis for in treason all offenders are principall ibid. To kill the Kings Chancellour Treasurer Justice in Eyre of Assise of Oyer and Terminer being in his place and doing his office is high treason Dal. 199. To extoll the authoritie of the Bishop of Rome within any of the Kings dominions and the procurers counsellers aiders and maintainers thereof the first offence is Praemunire the second treason 1. Elis 15. 5. Elis 1. Dal. 100. Lam. So to bring over any books that shall maintain set forth or defend such authoritie and the readers and hearers that shall justifie them Dalt 200. So deliverers of such books to others with allowance and liking of the same Dal. 200. So the printers and utterers of such books be all within the meaning of the statute 5. Elis 1. Dalt 201. Refusing the oath of Supremacie the first offence is Praemunire the second offence treason 5. Elis 1. Dal. 201. Lam. To obtain from Rome or by any authoritie from thence any Bull or writing to absolve and reconcile such as wil forsake their obedience to the King and yeeld it to the Pope or give or take absolution by colour of such Bull or publish or put in ure such Bull. 13. Elis 2. Dal. 201. To absolve perswade or withdraw any subject from their obedience to the King or to reconcile them to the Pope or to draw them to the Romish religion for that intent or move them to promise obedience to any other state or procure counsell or aid them that do it is Treason 23. Elis 1. 3. Jac. 4. Dalt 201. Lam. To be wilfully absolved perswaded withdrawn or reconciled to promise such obedience or to procure counsell aid and maintain the same except within six dayes after their return into the Realm they submit according to the statute 3. Jac. 4. Dalt 201. For Jesuite Priest or other Ecclesiasticall person made by authoritie from the Pope to come into or remain in any of the Kings dominions contrary to the statute 27. Elis 2. is Treason To compasse the death of an usurper of the Crown is Treason for which the offender may be arraigned in another Kings time Dalt 122. To intend to deprive depose or disinherit the King or say he