Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	find_v	party_n	surety_n	2,047	5	11.2266	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80293	The Compleat justice. Being an exact and compendious collection out of such as have treated of the office of justices of the peace, but principally out of Mr. Lambert, Mr. Crompton, and Mr. Dalton. / Now amplified and purged from sundry errors which were in former impressions thereof. ; Whereunto are added the resolutions of the judges of assises in the year 1633. ; Together with a compendious charge to be given at the quarter-sessions, not in print till this year 1661.		1661 (1661)	Wing C5644A; ESTC R174206	192,009	409

oath shall be freed from any arrest upon originall process Lam. 402. Bailiff taking above 4 pence for any arrest shall forfeit 40 li. 23 H. 6. ca. 10. 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. 31. Lam. 90. Dal. 166. If one required by the officer upon warrant to finde surety of the peace resuse the officer by virtue of his warrant may convey him to prison Lam. 92. Dal. 171. In all criminall causes where one incurreth loss of member or of life every man may arrest him whether he have warrant or not Dal. 344. But where a private man arresteth any in the cases aforesaid he ought to deliver him to the constable or some officer Dal. 348. When a felony is committed 1. any man that suspects another may arrest him 2. or if there be common fame that he committed the felony 3. or if he be prosecuted with hue and cry 4. or if he be in company of the offenders 5. or he apparantly go about to commit a felony Dal. 345. vide Cro. 99. b. A man is slain or a felony committed and an innocent party is arrested for the same he cannot be delivered but by order of law Cro 40. b. n. 20. Dal. 279 304. Lam. 233. A Constable taking an affraier may not imprison him in his house but in the Stocks Lam. 133. Vide Riot Sheriff Prison Arraignment Arraignment is commonly a compulsory coming of one indicted of a matter touching life or such hainous offence and a pleading not guilty Lam 546. One coming in freely and indicted of an inferiour offence may be arraigned Lam. ●47 One arra●gned of felony if his case will serve may plead a justification or matter in law Lam 547. And the Court shall assigne him councell Cro. 110. nu 5. He that is arraigned of felony shall have leave to bring him into the Court who sold the thing to him and the Court shall assign him councell Cro. 110. a nu 3. Artificers vide Labourers Assault Assault cannot be made without the offer of some hurtful blow or at least of some fearful speech Lamb. 26. To rebuke a collector with foul words so that he depart with fear without doing his office was taken for an assault Lamb. ib. To strike at a man although he were neither hurt nor hit with the blow is an assault Lamb. ibidem Maker of an assault battery or other trespass upon the body of another is to be fined Servant or workman convicted by confession of two witnesses before two Justices of Peace of maliciously assaulting Master Dame or Overseer is to be imprisoned a year and any other corporal punishment saving life and member 5 Eliz. cap. 4 5. Dal. 80. Cro 84. a. If another assault me if I may escape with my life it is not lawful for me to beat the other Dal. 210. 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. 210. Yet by opinion of Ely●t 12 H. 3. fol. 2. b. it is not lawful except there be such peril as another is like to perish if there be no help Dal. 184. 210. A man taketh away my goods which are in my possession I may take them again with force Cro. 65. b. nu 60 61. 137 a. Dal. 181. But I must first lay my hands on him and disturb him and if he will not leave then I may beat him rather then he shall have my goods Dal. ibid. Assembly unlawful vide Unlawful Assembly Assize of Bread and Beer Any Brewer or Baker or Tipler breaking the Assize of Bread and Ale to be fined 13 R. 2. cap. 8. Lamb. 459. Any officer taking fine for breach of the Assize of Bread and Ale where there ought to be a corporal punishment is to be fined 13 R. 2. cap. 8. Lamb. 459. Attainder One attainted of felony may be arraigned for treason committed before or after the attainder Lamb. 557 558. One attainted upon an appeal of robbery may be arraigned upon an appeal of robbery at anothers suit Lamb. 558. One attainted of felony by standing mute may after be arraigned of another felony Lam. 558. One attainted of felony cannot after be arraigned for another felony so long as the first is unpardoned unless 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 they escheat Dal. 303 Indictment is when an offence is found by the great Inquest or other Jury of inquiry Conviction is when the offender is found guilty by a second Jury having put himself to trial Attainder is when after such conviction judgement is given against the offende● Dal. 304. A wait lying vid Way-laying Averments No man shall be received to aver or speak against a record Lam. 63. Badgers and Drovers LIcence to Badgers and Drovers and Loaders of corn must be in open Sessions and there registred and kept by the Clerk of the Peace 5 El. c. 12. Lam. 610. Offences against the statute of Badgers and Drovers may be enquired of as well by examination of witnesses as by presentment 5 El. 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 Justice of Peace 5 El. cap. 12. Clark of the Peace must make and write all Licences made to Badgers Laders and Drovers and keep a book to register the same and the recognizance taken before the Justices of Peace which recognizance must be That they shall not do any thing contrary to the statute 5 Ed. 6 c. 14. provided against forestallers and therein write the names and surnames and places of the licensed with a brief entry of the licence day time and place where it was granted and bring the same to every Sessions taking for the licence xii d. for the recognizance viii d. and for registring iv d. 5 El. cap. 12. Bailment Bailment 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 Lam 340. Dal. 312. He that is bailed is delivered into his sureties hands to be kept Cro. 152. b. nu 6. Stum. 65. a. Dal. 312. I the sureties doubt the escape of the prisoner bailed a Justice of Peace upon prayer may discharge the sureties and commit the party to prison Dal. 312. Cro. 153. a. nu 13. 157. a. A Justice of Peace may cause the bailed to find better sureties Cro. 152. b. nu 4. Dal. 312. It is requisite to take two Subsidy-men for bail especially if it be for felony or suspicion thereof Dal. 313. To detain a prisoner that is bailable is fineable Dal. 313. To bail one not bailable

given by ancient laws and statutes viz. 4 pence for paiment of every summe forfeiteth 6 shillings 8 pence 33 H. 8. c. 39. 7 E. 6. c 1. Cro. 58. a. nu 9. Taking above 4 pence for impounding one distress loseth 5 pound to the party grieved besides such mony as he shall take above the summe of four pence 1 2 P. M. c. 12. ibid. A man attainted of trespass cometh in gratis and findeth surety for his fine he shall pay no fees to the Sheriff or Goaler Cro. 176. a. nu 6. so of him that is indicted before Justice of Peace and is committed till he pay his fine The officer is to take nothing of him against whom process is granted to come before a Justice of Peace to finde surety for the Peace Cro. 176. a. nu 8. Fees for a Justice of Peace are ut dicitur Cro. 176. a. nu 9. For a recognisance for the peace 2 s. For a recognizance to bail a prisoner 2 s. For a Supersedeas of the peace 2 s. For a warrant of the Peace under seal 2s For a release of the Peace 2 s. For a warrant which concerneth not the the Peace 4 d. For the recognizance of an Alehouse-keeper 12 d. Cro. nu 10. 5 E. 6. c. 25. Vide plus Dal. 385. Felo de se A man that kills himself either with a meditated hatred against his own life or out of distraction or other humour is felo de se and forfeiteth his goods real and personal chattels to the King and debts due upon specialty and also upon simple contract or without specialty Cro. 4. 95. a. Dal. 240. Two fighting the one of them falleth on the ground draweth his knife the other falling upon him doth also fall on the knife and is slain he is in a sort felo de se Dal. 274. Cro. 28. a. nu 7. Pax. reg 122. b. Stat. 16. a. An infant or non Compos mentis killing himself doth not forfeit but a lunatick doth Dal. ibid. Lam. 247. All his goods shall be forfeited which he had at the time of the blow given but not till his death be presented found of record Dal. ib. He forfeiteth no lands nor is his blood corrupted Dal. ibid. The enquiry of felo de se belongs to the Coroner but if the Coroner cannot have sight of his body as being cast into the sea or secretly buried the Justices of P. may inquire thereof and a presentment before them intituleth the King to his goods Dal. ibid. Cro. 5. 110. b. Felony Felonies are either by the Common law Statute law By the Common law all kind of homicide not warranted Burglary Theft Burning of houses Rescous and Escapes Dal. 238. Vide their several titles Felonies by Statute The Kings sworn servant conspiring to destroy the King or any Lord of the Realm or any sworn to the Kings Councel or the Steward Treasurer or Controller of the Kings houshold 3 H. 7. c. 14. Dal. 275. Breaking of Prison by one being therein for felony or a prisoner for felony 1 E. 2. de prisonam frangent Dal. ibid. And if he escape going to the Goal Cromp. 40. b. If under arrest for felony or suspicion whether in the Goal or out it is breaking of prison though he be not indicted of felony Cro. 38. a. nu 1 P. R. 147. A stranger breaketh the prison or openeth the stocks or makes rescous of one imprisoned or arrested for felony who escapeth it is felony in them both Dal. 275. Cro. 38. a. nu 1. Quaere if a stranger disturb the arresting of a felon Dal. ibid. Fitz. Just. P. fol. 114. Lam. 229. Rescuing a Prisoner going to execution is felony Dal. ibid. Goaler Constable or other having a prisoner under arrest for felony voluntarily suffereth him to escape it is felony only in him that suffereth the escape Dal. ibid. Lam. 229. If the prisoner escape by negligence of his keeper it is felony onely in the prisoner Dal. ibid. Escape before arrest is no felony but the officer may be endited and fined Dal. 276. Lam. 230. Cro. 39. a. nu 5. Buggery with mankind or beast Burning of houses or stacks of corn Congregations and confederacies holden by Masons Cutting out of tongues or putting out eyes Cutting Powdike or bank in Marsh-land Conjuration or invocation of evil spirits 1 Iac. 12. Consultation with an evil spirit c. Vide 1 Iac. 12. Embezeling the Kings ordnance armour c. to the value of 20 shill though at several times 31 El. 4. Dal. 287. Embezeling of any record writ c. 8 H. 6. c. 12 Dal. ibid. These two belong not to Iustices of the P. Rasing of a record is fineable at the Kings will c. 8 R. 2. c 4. These two belong not to Iustices of the P. Forging of evidences c. the second time 5 El. c. 14. Gaoler enforcing his Prisoner to become an approver Hawks embezelled and not brought to the Sheriff Hawks concealed or stollen from the owner Hunting Deer or Conies in the night and upon examination concealing the offence or disobeying the arrest for such offence Taking a tame beast or other thing in a park by way of robbery Marrying a second husband or wise the first living 1 Iac. c. 11. Multiplication of gold or silver Infected with the plague going into company contrary to command 1 Iac. c. 31. Willful poisoning if the party die within a year and a day after To receive relieve or maintain Popish Priests Recusants refusing to abjure or return after departure Purveyor taking for the Kings house any thing above twelve pence 1. Without warrant under the great seal vide Dal. 284. 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 purveyance by the testimony and apprizement of the Constable and four neighbours sworn if the purveyor and owner cannot agree and shall not deliver Tales or Indentures sealed with his seal touching the same 6. Or shall take more victuales or carriages then he shall deliver unto the Kings house 7. Or take sheep in wool betwixt Easter and Midsummer at small prices or more then be sufficient for the Kings house and carry them to his own and shear them In every of these cases it seemeth to be felony in such purveyor their deputy and servants A Chater of any subject or officer taking any thing against the owners consent not paying presently 36 E. 3. c. 6. 7 R. 2. c. 8. 23 H. 6. c. 14. Dal. 287. Cro. 48. a. Incorrigible Rogues banished the Realm and returning without licence 39 El. c. 4. Robbing house barn or stable in the day to the value of 5 shillings though no body be within 39 El. c. 15. no Clergy Robbing any house by day or by

of Peace twice in the year and give account upon oath of writing under the hand of the minister what rogues have been apprehended and how many punished 7 Iac c. 4. Constables not safely conveying to the house of Correction such as by the Justices of Peace at their meeting for the execution of the Statute 7 Iac. c. 4. shall be sent thither ●o pay such fine under forty shillings as by most of the Justices shall be assessed 7 Iac. c. 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 year for the second offence to be sent to the house of correction and to remain there as aforesaid till she finde sureties for the good behaviour and not to offend so again 7 Iac. c. 4. Any able to work and threatning to run away and leave their families upon the Parish upon oath of two witnesses before two Justices of the said division to put in sureties for discharge of the Parish or to be sent to the house of correction 7 Iac. c. 4. Master of the house of correction quarterly at the Sessions must yield account of such as have been committed or is to be fined by most of the Justices 7 Iac. c. 4. If any committed become troublesome to the countrey by going abroad or escape without lawful delivery the Master is to be fined by most of the Justices at the Q. Sessions 7 Iac. c. 4. All penalties not limited by the statute 4 Iac. 4. shall be paid to the Treasurer and accounted by him 7 Iac. c. 4. Vide plus Poor people Hunting One Justice of Peace upon information of any unlawful hunting of Deer or Conies by night or with painted faces or other disguising in forrest park or warren may make warrant to the Sheriff Constable Bailiff 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 Quarter Sessions 1 H. 7 c. 7. Lam. 191. Dal. 180. To disobey such a warrant or make rescous thereupon so that execution of that warrant be not had is felony 1 H. 7. c. 7. Dal. 75. The Justice of Peace that taketh examination of the offender for unlawful hunting in parks c. may after the examination bind the offender to his good behaviour to the end he be forth-coming till the offence and the offender be lawfully examin'd Da. 75. 76. Unlawfully hunting by three or more will prove a riot Dal. 76. Any by night or day wrongfully entring into any inclosed ground kept for keeping of Deer or Conies and there chasing or killing of them upon conviction to be imprisoned three months without bail and there to continue till he pay treble damages and costs to be assessed by the Justices before whom he is convicted or pay to the party grieved ten pound for Deer at the election of the party grieved 7 Iac. c. 13. and find sureties for his good behaviour for seven years 3 Iac. c. 13. 7 Iac. c. 13. Lam. 449. The party grieved or the Justices of Peace upon satisfaction of the party grieved and confession of his offence and that he is sorry for the same in open Sessions may release the offender of his bond for the good behaviour 3 Iac. c. 13. The statute 3 Iac. c. 13. doth not punish offenders in parks or inclosed grounds made after the statute without the Kings licence 3 Iac. c. 13. Enquiring hearing and determining of offences against the Statute 3 Iac. c. 13. may be made by the Justice of Peace and Goal-delivery at the Sessions and they may award process upon indictments informations bills of complaint or other actions wherein no essoin c. 3 Iac. c. 13. Any not having lands of inheritance in his own or wives right of the clear yearly value of 10 li. or for term of life of 30 li. per annum or goods to his own use worth 200 li. keeping Greyhound to course Deer or Hare except the son of a Knight or Baron of Parliament or son and heir of an esquire upon conviction by confession or oath of two witnesses before two Justices of Peace where the offence is committed the party apprehended to be imprisoned three months without bail except he presently pay to the Churchwardens where the offence was committed or party apprehended 40. shill to the use of the poor of the said Parish 1 Iac. c. 27. Any having lands in fee-simple or fee tail of 100 li. per annum finding any not having lands of 40 li. per annum nor worth 200 li. 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 conies that shall be yearly worth 40 shill may take any their guns bows engines and dogs and keep them to his own use 3 Jac. c. 13. Lay person not having in lands 40 s. per annum spiritual person a benifice not 10 li. per annum keeping dogs to hunt or using ferrets c. shall be imprisoned for a year 13 R. 2. c. 13. Vide Parks Hundred Hundred with the liberties therein to be equally taxed by two Justices of Peace one to be of the Quorum in or neer the hundred for relief of those that are robbed 27 Eliz. c. 13. Dal. 132 299. The robbed shall not have his action upon the statute of 27 Eliz. c. 13. except he first with all speed convenient give notice of the robbery to some inhabitant neer the place where he was robbed 2. Commence his suit with in a year next after such robbery committed 3. He being examined upon his oath within 20 daies next before such actions brought by one Justice where the robbery was committed dwelling neer to the hundred if he knew the robbers or any of them If he knew any of the robbers before such action he shall be bound before the said Justice to prosecute the offenders effectually by indictment or otherwise by course of law Dal. 131. The hundred must answer the loss if the robbers be not taken within 40 daies Dal. 131 299. Cro. 179. a. Vide Robbery A man is slain in the day time out of a town and the murderer doth escape the hundred shall be charged there with 299 Jury of one hundred may present an offence done in another hundred Lam. 399. Robbery in a house doth not charge the hundred though it be in the day-time Dal. 133. Robbery in the night doth not charge the hundred yet if it be by day-light though before sun-rising or after sun-setting the hundred shall answer it Dal. 133 Coke l. 7. fol. 6. If upon pursuit the offenders or any of them be taken the hundred shall not be charged Dal. 133. If the

the ●ounty to suppress rioters and need not tar●y till his fellows come Cro. 157. b. Dal. 110. Lam. 181. Constable may take the aid of his neighbour to arrest another upon an affray Cro. ●58 a. Lam. 134. Sheriff upon a writ of execution returned ●hat he could not execute it for resistance and was amerced 20 marks because he took ●ot the power of the county Cro. 158. a. Lam. ●57 Dal. 216. Preacher He that disturbeth a Preacher of purpose maliciously or contemptuously in Sermon-time is to be bound to his good behaviour have three months imprisonment Lam. 416. 1 M. c. 3. If the disturber of any Preacher be arrested and brought before any Justice of Peace upo● due accusation examination heard either by the arrester or other person he shall forthwith commit the party so taken to custody by his discretion and within six daies after another Justice joyning in examination the● upon confession of the party or conviction o● two witnesses may commit him to prison for three months Lam. 195 333. 1 Mar. c. 3. Quaere if all the statute of 1 Mar. 3. be no● repealed by the general words at the latte● end of the statute 1 Eliz. c. 2. Dalt 103 104. Sir Nich. Hides opinion cited that it was wholly repealed Precept vide Warrant Praemunire Refusal to take the oath of the Kings supremacy the first offence is praemunire th● second treason 5 El. c. 1. Lam. 411. 23 El. c. 1 To aid comfort or maintain one that hath committed treason in using of bulls is praem●nire 23 El. c. 1. Lam. 413. Vide Treason To hold set forth or defend the power spiritual of any forein Prince or person heretofore claimed used or usurped within th● Kings dominions by writing printing preaching express deed or act maliciously or directly or to put in use or execute any thing to that end the first offence is praemunire the second treason 1 El. c. 1. 5 El. c. 1. enquirable by words of 23 El. c. 1. Lam. 411. He which aideth any person that putteth in ●ure any bull writing or instrument of absolution gotten from the Bishop or See of Rome c. to the intent to uphold the authority of the See of Rome incurreth praemunire 13 El. c. 2. 23 El. c. 1. Lam. 413. To bring from the Bishop or See of Rome or any claiming authority from it Agnus Dei crosses pictures beads grains or such like superstitious things or to deliver or offer them or cause to be delivered or offered to any of the Kings subjects to use or wear in any wise or receive them to such intent and not to apprehend the offender or within three daies disclose him to the Ordinary or other Justice of Peace or within one day deliver the things received to a Justice of Peace 13 El. c. 2. 23 El. c. 1. Lam. 414. The forfeiture in cases of Praemunire upon the Statute of 16 R. 2. is to forfeit his lands and tenements in fee for ever his lands in tail for his life and all his goods and chattels and to have a perpetual imprisonment and to be out of the Kings protection Cro. 14. a. Dal. 234 235. But quaere if he be attainted upon 27 of E. 3. 1. if he appear at the day of the praemunire returned Dal. ibid. Br. Praemunire 6. Coo. 11. 34. Instit. 129. 130. at large A man may not kill him which is attainted in the praemunire by 5 El. c. 1. but before he might for they were out of the Kings protection Cro. 15. a. b. One lawfully imprisoned untill the next Sessions for refusing the oath of Allegeance and there again refusing it incurres a praemunire except married women who are onely to be imprisoned without bail 3 Jac. c. 4. 7 Jac. cap. 6. Just of P. not disclosing nor certifying within 14 daies the name of him which bringeth any Agnus Dei crosses or pictures to one of the Kings Councel 13 El. c. 2. is pramunire Lam. 195 372. Broakers of bargains contrary to the statute of 37 H. 8. c. 9. provided against usury shall be punished as Councellors Attorneys or Advocates in case of praemunire 39 El. c. 18. 13 El. cap. 8. Delivering or sending any relief to a Jesuite Priest or other remaining in any Colledge of Jesuites incurreth praemun●re 27 El●z cap. 2. Presentment Presentment is a declaration of the Jurors or Officers without any bill offered before Lam. 485. It differeth from an indictment which is the verdict of the Jurors that be charged to enquire of that offence which is offered Lam. 486. What shall be a good Presentment Presentment at a Sessions where the style is in the name of three and the presentment taken by two Lam. 383. Presentment where some of the Jurors be ●llied or of blood to him that procureth the ●ndictment but it is no discretion in the Ju●tices to suffer such to be impanelled Lam. ●98 Presentment of a Jury of an hundred of an offence done in another hundred Lam. 399. Constable presents a fault at the Sessions which belongeth to his office which is allowed by the Enquest it is good otherwise it shall not serve for an End●ctment Cro. 25. b. Constables Churchwardens Aleconners Sides men may present all offences contrary to 4 Jac. c. 5. Presentment where all were not sworn if ●he Record be that all were sworn Lam. ●99 Where the declaration of the Offi●ers of the Sessions shall have the force of a Presentment A Justice of Peace upon his own knowledge of offences against the statute of 2 3 P. M. c. 8. 5 El. c. 13. of high-waies Dal. 67. Cro 125 b. 195. a. nu 5. Searchers appointed to examine the true making of tile 17 Ed. 4 c. 1. Lam. 508. Constable for sundry points in the statute of Winchester 13 Ed. 1. Lam. ibid. Amendment of a presentment vide V●nire facias Priests vide Jesuites Principal and Accessary vide Accessary Imprisonment is the putting of a person from his liberty unto the custody of the Law to answer to that which shall be objected Lamb. 228. Dal. 343. A man is in prison so long as he is in sigh● of his Gaoler though he break away Dal. 276. No man shall commit another to prison except he be a Judge of Record Dal. 344. Constable imprisoning a suspect for felony may lock the stocks and put irons on him and in conveying him to the Justice or gaol may pinion him or otherwise make him sure that he cannot escape Dal. 350. One committed to prison for refusing to find sureties for the peace shall remain there till he freely offer and find them Lam. 93. Dal. 171. One committed for denying to find sureties for the peace may not be delivered upon the death or release of the party without help of the Sessions or gaol-delivery Lam. 93. Quaere One was imprisoned till he made fine for that he stood by whilest one was slain because he did not his best to attach the murderer

thereof forfeiteth the armour and is to be imprisoned for three months without bail 3 Iac. c. 5. La. 617 618. Regrator Regrator is he that buyeth live or dead victuals tallow or candles in the market and ●elleth the same there or within 4 miles ●3 El. c. 25. Lamb. 450. 5. Ed. 6. c. 14. 5. El. c. 12. Release Just of P. compelleth one of his own motion ●o give surety of the peace untill a certain day ●●e may by like discretion release it before ●he day Lam. 110. Cro. 139. b. nu 16. Dal. 179. Party bound generally to keep the peace without any day limited it is for life and no man can release it Lam. 110. Dal. 179. Cro. 142. ●● Brook Peace 17. Recognizance is taken at the suit of A. to keep the peace against him onely A. may re●ease it before the same Justice or any other that will cert●fie it Lam. 110. Dal. 179. Cro. ●39 b. nu 10. 169 a. That release being cer●ified at the next Quarter Sessions will dis●harge the party bound of his appearance so ●hat he shall not be called upon for his recog●●zance Dal. ibid. Cro. 139. b. nu 15. Recognizance is taken versus cunctum po●●lum praecipu● versus A. yet A. may release it before any Justice tamen quaere Lam. 110. Cro. 142. b. Bro. Peace 17 Dalt 180. Recognizance is taken by discretion or upon suit the King cannot release or pardon it before forfeiture Lam. 111. Cro. 140. b. 141. a. Dal. 180. The peace being released the recogniz must not be cancelled but certified at the Sessions with the release lest peradventure the peace was broken before the release made Lam 111. Dalt ibid. Cro. 139. b. nu 16. 169. a. Whether the good abearing taken upon complaint may be released by any special person Quaere Lam. 123. Dal. 197. Neither the Justice of the Peace nor the party can discharge a recognizance of the Peace by the release out of the Sessions for first the recognizance is made to the King and therefore none but the King can release o● discharge it Secondly the recognizance i● taken for the parties appearance and the release cannot discharge the appearance Dalt 180. Brook Peace 17. The appearance is requisite notwithstanding any release made first for the safety of the recognizance secondly that others may object in open Sessions if he have broken the Peace that he may be indicated thereupon Dal. 180. E contra Cro. If the Justice of Peace at the Sessions do certifie the release by this the obliged is discharged and shall not be called upon for his recognizance nor his default recorded for the principal cause of the recognizance was the keeping of the Peace the which is discharged by the release which is certified at the Sessions and then the appearance is but accessary to the same and the intent is onely that then he should finde new surety if the party will not release and this is the common usage Cro. 139. nu 15. Vide plus Recognizance Forfeiture Religious Houses The owner of the site of a religious house dissolved in yearly value under 200 pound must keep a continual house there or lose 20 nobles a moneth to be enquired of and determined at the Quarter-Sessions 27 H. 8. c. 22. 5 El. c. 2. Lam. 471. Replevin vide Bailment Rescous of a Felon Rescous is to help a prisoner to get away and if it be a felon it is felony Lam. 229. Dal. 274 275. Rescous of a felon before arrest is no felon other wise after arrest Lam. 230. Dal. 276. Quaere Stam. 31. Rescuing a prisoner going to the gallows is felony Dal. 276. A warrant being granted by a Justice of the Peace for unlawful hunting of Deer or Conies to make rescous thereupon is felony Dal. 75. Rescous against an officer or person authorized to execute the statute of 39 El. c. 4. loseth 5 pound and is to be bound to his good behaviour Dal. 128. If a stranger take one out of prison with the prisoners assent if he be in for felony it is felony by the common law in the rescuer and he is a principal by the statute De prisonam frangentibus Cro. 38. a. nu 2. One is in the stocks for suspition of felony and is let out by a stranger it is felony although the party who escaped is not indicted Cro. 35. a. nu 3. Restitution of Possession None shall have restitution but such as are put out of house or land Dal. 214. Cro. 162. b. Lamb. 153. If it be found upon enquiry that any have entred or held with force contrary to the statute 8 H 6. c. 9. the Justice of Peace may re-seise and put the party so put out in full possession Cro. 161. b. Dal. 214. but the puttin● out must first be found Lam. 152. Cro. ibid. The Justice of Peace needeth not to stay o● stand upon the right or title of either party Dal. 214. Cro. 164. a. No restitution is to be made where there was only a possession in law Lam. 153. Dal 217. In a restitution it is not enough that th● putting out be found unless the indictment d● also contain in it adhuc extra tenet Dal. 214 Cro. 163. b. Lam. 153. Restitution ought to be made to none other then the party put out Dal. 214. Cro. 162 b. Lam. 153. After the entring or detaining with forc● found the Justice of Peace may by himself● or precept to the Sheriff under the test o● himselfe alone restore the party grieved to hi● possession Dal. 216. Lam. 156. None can make restitution but they before whom the Indictment is found but the Justices of the Kings Bench either upon certificate made by the Justice of Peace before whom i● was found of the presentment or if the said presentment or indictment be removed by Certiorari Dal. 216. Lam. 157 158. If the Sheriff return upon a precept or wri● of restitution that he cannot make restitutio● for resistance he shall be amerced for he may take the power of the county Dal. 216. Lam. 158. C●o. 163. b. Justice of Peace before whom the presentment was made dieth before restitution quare whether the Justices at the Sessions can award it Lam 157. Justices of Peace ought not to award restitution where the indictment is insufficient in Law either in matter or form Dalton 215. In the indictment 1. not only an entry must be but also a putting out 2. the Indictment must express the quality of the thing viz. whether it be messuage cottage meadow pasture wood or land arable 3. it must say Et adhuc extra tenent 4. Expule●●nt adhuc extra tenent 5. one of these two words manu forti or cum multitudine Dal. 214 215. Cro. 169. b 163. b. Lam. 153. If error or insufficiency be in the Indictment taken before Justices of Peace and restitution awarded any two Justices of those that were present at the taking thereof may at another Sessions or without Sessions grant a

be further punished at the dis●●etion of the said Justices Lam. 336. Dal. 141. Suggestion vide Information Summons of the Sessions vide Sessions Sunday All persons shall diligently and faithfully ●esort to their Parish Church or Chappel accustomed or upon reasonable let to som● usual place where Common prayer shall b● used upon every Sunday and other day ordained and used to be kept holy-day and th●● and there to abide orderly and soberly during the time of common-prayer preaching or other service of God or lose twelve penc● for every offence to be levied by the Church-wardens there to the use of the poor by way of distress 1 El. cap. 2. Dal. 105. though he b● Popish Recusant convict or not convict ibid. If any subject do not resort and repair ever● Sunday to some Church or Chappel or som● usual place appointed for Common-prayer● and there heare divine Service according t● the statute 1 El. cap. 2. it shall be lawful for ● Justice of Peace of that limit upon proof by confession of the party or oath of witness to call the party before him and if he or they make not a sufficient excuse to the satisfaction of the said Just then to give warrant to th● Church wardens of the said parish under hi● hand and seal to levy twelve pence by distres● to the use of the poor for every default and for want of distress to commit the offender to prison every offender to be called in question within one moneth after the offence 3● Iac. c. 4. Lam. 418. None punished according to the branch of the statute of 3 Jac. cap. 4 shall be punished by 1 El. c. 2. for the same offence 3 Iac. c. 4. 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 Bull-baiting Interludes common plaies or other unlawful exercises within their own parishes upon forfeiture of shillings 4 pence to the use of the poor up●n view of one Justice of Peace confession of ●he party offending or oath of one witness to ●e levied by warrant of the said Justice under ●is hand and seal to the Constable and Church-wardens in default of distress the ●ffender to sit in the stocks three hours The ●ffender to be questioned within one month ● Car. c. 1. Dal. 63. Carriers waggoners wayn-men drovers ●hall not travel with horse wagons carts or ●attel upon Sunday upon pain of twenty shill ●or every offence Neither shall any Butcher kill or sell any victual upon Sunday on pain of 6 shillings 8 pence upon view of one Just of Peace confession of the party or oath of two witnesses the penalty to be levied by the Constable or Church-wardens to the use of the poor by warrant of any Justice of Peace by distress or by any that will sue for the same at the Qu. Sessions in the same County within six months his reward not to be above the third part 1 Car. c. 1. Dal. 134. Shewing of Boots on the Sunday with intent to sell them loseth 3 shillings 4 pence and the value of the Boots 1 Jac. c. 22. Lam. 466. Supersedeas Supersedeas is sufficient though it neither name the sureties nor contain the sum wherein they are bound but it is better if it do both Lam. 96. Dal. 172. Supersedeas delivered to the officer if he ●rge new sureties the party may refuse and if he be committed he may have his actio● Lam. 99. Dal. 172. Supersedeas out of the Chancery will discharge surety of the P. in the Kings Bench and either of them a precept for the peace awarded by a Justice of Peace and an attachment lieth against him if he surcease not and he may be imprisoned and fined for it Lam. 99. Dal. 172 173. Supersedeas received by a Justice 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 Sheriff or other officer to desist to put it in execution Lam. 99. Dal. 172. Supersedeas out of the Chancery is to be certified at the next Sessions together with the Recognizance for the Peace if the Supersedeas do testifie that he hath found surety in the Chancery onely unto a certain day which day is after those Sessions if the Supersedeas come to his hands after his Recognizance taken Dal. 173. Lam. 113. for peradventure the recognizance was broken before the Supersedeas purchased Supersedeas for the good abearing quaere if it may be granted by a Justice of Peace Lam. 123. Dalt affirmeth it 197. A Supersedeas made by a Justice of Peace and returned under his seal is a sufficient record to prove a recognizance taken for the Peace and warrant to call the party bound and if he make default to record the same Lam. 97. If a Justice of P. will by a Supersedeas discharge a Precept for the Peace awarded by another by virtue of his office and not by ●upplicavit the recognizance would be taken ●ccording to the form of the Precept Lam. 96. Dal. 172. Certiorari to remove a record is in it selfe a ●upersedeas to the Justices yet the party may ●ave a Supersedeas to the Sheriff that he arrest ●im not upon the Justices record Lam. 515. Whether the Justices ex officio after a Certio●ri ought to award their Supersedeas to stay ●roceeding upon the record quaere Lam. ibid. An Exigent awarded against one indicted of ● trespass before the Justices of Peace may be ●ayed by Supersedeas out of the Chancery ●pon surety found there to appear at the day ● the Writ though he be taken upon it Lam. 526 527. So by Supersedeas granted by two Justices of ●eace one being of the Quorum testifying ●hat he hath found sureties de fine assidendo Lam. ibid. Yet Dal. and Cro. say by one Justice of P. Dal. 319. Cro. 234. a. If a Supersedeas be directed to the Justices of Peace and Sheriff the Justice to whose hands ●t shall be delivered may keep it and deliver ●he label to the party Dal. 173. Supersedeas granted for the Peace or good ●ehaviour out of the Chancery or K. Bench ●s void unless it be upon motion in open Court and upon sureties of five pounds in ●ands or ten pounds in goods in subsidy and unless it appear to the Court that such process of P. or good behaviour is prosecuted against the desirer of such Supersedeas bona fide by some grieved in that Court out of which the Supersedeas is desired 21 Jac. ● 8. Dal. 174. Whether the party bound sending ●● Supersedeas to the Sessions be discharged ●● his appearance there quaere Da. 173. Lam. 11● the precedents are that the party appeare● and prayed allowance c. Supplicavit He onely to whom the Writ of Supplicav●● is delivered must execute it Dal. 186. The Justice that receiveth the Writ ma● make the warrant to the Constable or othe● party indifferent and

if he refuse to find● sureties to carry him to prison Dal. 186. The party attached can be bound onely ●● fore him that sent out the Warrant Dal. 186 The Justice is to execute the Supplicavit a● it directeth Dal. 187. If the sums be left to discretion it is safe t● take good summes Dal. ibid. After sureties taken the Just may make him a Supersedeas Dal. 187. The Justice needs not return the Supplicavit nor make certificate until a Certiorarid● come to him Lam. 109. Dal. 190. Supremacy To refuse the oath of supremacy the fir●● offence is Praemunire the second Treason ●● Eliz. cap. 1. Surety of the P. is the acknowledgement of a recognizance to the King taken by a competent Judge of record for the keeping of the Peace Dal. 161. Lam. 75. Every Justice of Peace may take and com●and the Peace either as a Judge or a Mini●●er Da. ibid. Justice of Peace may command surety of ●e Peace either of his own discretion ●● at the prayer of another In what cases a Justice of Peace may command surety of the Peace by his own discretion Dal. 162. 1. One that maketh an affray upon the Ju●●ice himself or an assault 2. Such as in his presence make an affray ●pon another or offer to strike another 3. Such as in his hearing shall threaten to ●ill beat or hurt another or to burn his house 4. Such as in his presence contend only in ●ot words 5. Such as in his presence go or ride armed ●ffensively or with unusual number of ser●ants or attendants and servants and la●ourers that bear any weapons contrary to ●he statute of 12 Ric. 2. c. 6. 6. Any person by him suspected to be in●lined to break the Peace 7. If the Constable bring one before him ●hat shall threaten to kill maim or beat ano●●her 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 ●he door and bring them before a Justice of Peace to be bound 10. He may make his warrant for such ● have made an affray and bind them to th● peace 11. If one have received a wound he ma● bind the one and the other till the wound b● cured and the malice over 12. Such as go or ride armed offensivel● to fairs or markets or wear or carry dags o● pistols charged 13. Common Baretors Dal. 163. 14. Rioters 15. Him that standeth bound to keep th● peace and hath forfeited his recognizance b● breach of the peace but not till he be conv●cted and the forfeiture levied Dal. 163. Y● Cro. 141. saith that he may be bound ● new if he be only convict for breaking th● peace 16. Him that standeth bound if his sureti● be insufficient Just of Peace is to send to prison him th● refuseth to give sureties until he find sur●ties Dal. 163. Cro. 138. b. nu 8. Justice of Peace may cause one to be a●rested to finde surety of the peace against another and grant a warrant for it for ●● might have bound him of his own authorit● Dal. 163. Justice of Peace may perswade a man ● require surety of the peace against an●ther and grant a Warrant for it for ●● might have bound him of his own auth●rity Lam. 78. Dal. 162 336. At the request of another ●e may comman● surety of the peace but must first take an o●● of the party that demandeth the peace th● ● standeth in fear of his life or of some bodi● hurt or to have his house burnt Lam. ● Dal. 163. Sureties in a recognizance ought to be ●wo and registred in Subsidy for though ●ome may be sufficient which were not as●essed yet it standeth not well together that ●e should be bound to the King in 10 li. or ●o li. that in Subsidy was not found worth ●ny thing Dal. 175. Justices of Peace in Sessions may exa●ine sureties upon oath of their sufficiency Dal. 175. ●uses to require surety of the Peace 1. He that is threatned to be hurt in body ●●o be beaten wounded maimed or killed ●●l 164. 2. He that feareth another will beat ●und maim or kill him Dal. ibid. 3. He that feareth another will burn his ●use Dal. ibid. 4. He that feareth that A. will procure a●her to hurt him in his body or burn his ●use Dal. 164. 5. If a man lie in wait to beat kill or hurt ●other Dal. ibid. Quaere if he threaten to burn his goods In what cases a man shall not have the Peace granted 1. To threaten one to imprison him Dal. ●4 Lam. 82. Cro. 135. a. Quaere tamen Br. ●ace 22. 2. Where one is in fear that a man will hurt his servant cattel or other goods Dal. 16 Cro. 138. a. Lam. 83. but he may have a wr●● out of the Chancery Dal. seemeth to be ● the other opinion 164. 3. Because he is at variance with ●● neighbour Dal. 164. Lam. 83. 4. Where there is no fear of present future danger Dal. 164. Lam. 84. 5. For a battery past yet a Justice if ● see cause may bind over the affrayers D●● 165. Pax Regis 14. Justice of Peace may deny to grant sure● of the peace if it be upon meer vexatio● yet if the party will take his oath it is n● safe to deny it Dal. 165. yet afterwards pe●ceiving it to be of malice and for vexa●●on he may bind the party so requiring it his good behaviour Against whom surety of the Pea●● may be granted Against a Knight or any person under ● degree of a Baron Dal. 166. Against Sheriff Coroner Escheator ● other officer of Justice But it is not go● to bind them versus cunctum populum D●● 166. Lam. 80 81. Against any Ecclesiastical person not ●●ing divine Service in the Church or Chur●●yard or other place dedicated to God D●● 166. 50 Ed. 3. c. 5. 1 R. 2. c. 15. One Justice of Peace may grant the sur● of the peace against his fellow Justices tho● sitting in Sessions Cro. 134. b. Dal. 1● Lam. 80. One Justice of Peace may demand the ●eace against another man Lam. 81. Dal. 67. The wife may demand the peace against ●er husband if he threaten to kill her or ●utragiously beat her or she have notorious ●●use to fear it and the husband may crave ●e peace against his wife Dal. 167. Lam. 78. ●●o 133. b. The peace may be granted to a feme covert ●● an infant under the age of 14 years if he ●ave discretion to crave the peace but they ●ust be bound by sureties and an infant un●er that age may demand it Dal. 167. La. 79. A Lunatick may crave the peace and have ● granted him Dal. 167. Lam. 79. It may be granted against one attainted ●●ther of treason or of felony or convict of ●eresie Dal. 168. and they may demand it ●am 79. It may be had against an excommunicate ●erson Dal. 168. and an

abjured person ibid. It may be had against one attainted in Prae●unire and against an alien either made de●ison or living in England Dal ibid. It may be had against one dumb and blind ●● against an impotent person Dalt 168. ●am 79. Against whom the Peace cannot be granted 1. It cannot be granted against any Noble-●an or Noble-woman Dal. 165. 2. Against one non sanae memoria unless he ●ave lucida intervalla Dal. 167. Lam. 79. 3. Against one born dumb and deal but if he become dumb and deaf or made blin● and deaf accidentally he may have understanding and the Peace may be granted ●● him or against him Dal. 168. How the surety of the Peace is to be commanded and executed A Justice of Peace may command the Peace by word writing By word The party being present in the presence ●● the Justice of Peace threatneth another o● maketh an assault or affray upon another o● doth any other act tending to the breach o● the Peace Dal. 169. Cro. 138. b. nu 8. La● 84 85. One demandeth the surety of the Peace being present and taketh his oath he is affrayed c. the Justice may command th● other to find surety Dal. 169. Cro. 138. Lam ibid. The Justice in such cases may command the Constable or other known officer or his own servant being present to arrest such party to find surety of the Peace and may commit to the Goal such party refusing to find surety Dal. Cro. Lam. 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 Lam. 87. Dal. 170. The Justice may make his warrant to bring the party before him but the usual manner is ●o bring the party before the same Justice ●r some of the Justices of the County Dal. ●●0 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 Lam. 90. Dal. 170. Br. Faux Impris 18. If the party yield to find surety the officer is not bound to go up and down with him but may keep him until 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 aid to convey him to the Goal Dal. 170. Lam. 92. The arrest is not justifiable except the Officer do carry him to the Goal that refuseth to finde sureties Cro. 171. b. Dal. 171. The party may go before any other Justice if the warrant proceed ex officio to offer the sureties but cannot force the Officers to travel 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. 171. Lam. 94. The party coming before the Justice is to offer his sureties or else the Justice is to commit him for the Justice needeth not to demand them Dal. 171. If the party refuse before the Justice of Peace to finde sureties the Officer by the first Warrant may commit him Dal. 171. Lam. 92 The Officer is fineable if he arrest the party and do not carry him before a Justice of Peace if he be willing to finde sureties secondly if upon refusal they arrest him and do not carry him to the Goal Dal. 171. The party being imprisoned the Justice of Peace may make him his L●berate first if the complainant die secondly if he do enter surety of the Peace Dal. 171. If the imprisoned have a suit depending in the common Pleas by some opinions the imprisoned may be discharged by a Writ of priviledge Quaere tamen Dal. 171. Lam. 94. Cro. 138. a. nu 4. A sworn known officer needeth not to shew his Warrant but the servant of the Justice must shew it if it be required Lam. 89. Dal. 340. If Husband and Wife be bound to appear and in the mean time to keep the Peace and the Husband onely appeareth the recognizance is not forfeited Dal. 179. Quaere Cro. 144. b. Suspicion and sus●ects of felony A suspect of felony ought not to be arrested by a Warrant from a Justice of Peace unless he be indicted before for if the Bailiff which serveth the Warrant doth suspect him he may do it of himself without a Warrant and without suspicion the Justices Warrant is no Warrant Lam. 188. Dal. 339. Cro. 147. b. 148. b. 197. a. nu 21. Quaere Dal. 339. Br. Faux Impris 8. Suspicion only without felony committed is no cause to arrest another Cro. 154. a nu 28. Dal. 331. Brook ibid. 1 4. A felony being committed every man may arrest suspicious persons that be of evil fame c. and if such person make resistance the other may justifie to beat him Dal. 345. The Constable or other person that arresteth one for felony or suspicion must himself suspect Dal. 311 345. Cro. 99. b. nu 43. In an arrest for suspicion of felony the party that causeth the arrest must suspect him and also shew some cause of supicion otherwise every man may arrest another for felony done Cro. 99. b. nu 44. Dal. 311 312. where he maketh a quaere Swans Taking away from his own or another mans grounds Swans eggs of another mans upon conviction and examination of witnesses is imprisonment for a year and day and loss of ten pound Lam. 446. To steal Swans unmarked if they be domi●i and kept in a mans manour or private rivers is felony Dal. 267. Swearing He that sweareth or curseth being convicted by hearing of any Justice of the Peace or by oath of two witnesses or confession of the party before a Justice of Peace loseth 12 perce to the poor where the offence shall be committed to be levied by distress the offence being proved within twenty daies or for default of a distress to be set in the stocks three hours 21 Jac. c. 20. 3 Car. c. 4. The Warrant for distress is to be made to the Constable Churchwardens and Overseers of that parish where the offence is committed 21 Jac. c. 20. The offender being under twelve years of age and not forthwith paying his twelve pence by warrant of a Justice of Peace or head-officer is to be whipped by the Constable or by the parent or master in his presence ibid. Taxations vide Stock of the shire TAxations made for a Common-wealth as making or mending of bridges high-waies causeys sea-banks c. shall be upon all persons though they assent not Dal. 141. Coke 5 63. Br. Customs 6. A town is amerced and by assent of neighbours every inhabitant is assessed and

of a woman knowing her to be taken away contrary to the Statute 3 H. 7. cap. 2. Lamb. 285. Accessary in one County to a felony done in another County may be indicted where he becometh accessary 2 3 Ed. 6. cap. 24. Dal. 297. It is no good indictment against an accessary to say that he received the goods without saying he received the felon Lamb. 500. 291. Acquital vide Enditements Additions In every indictment or presentment where outlawry lieth the estate of degree or mystery the county town hamlet or place where the indicted dwelleth are to be added 1 H. 5. c. 5. Lam. 488. What shall be a good addition of degree or estate Duke Marquess Earl Vicount Archbishop Bishop Baron Knight Serjeant at law Esquire Gentleman Alderman Widow single Woman Dean Arch-deacon Parson Doctor Clark Parish-clark Lam. 488 489 490. What not Such as are common to many degrees as to Gentlemen and Yeomen are uncertain as Farmer Servant Butler Chamberlain Lam. 489. Cro. 109. a. 6. nu 8. What shall be a good addition of mystery Chopchurch Merchant Gro●er Mercer Tailor Broker Husbandman Hostle● Lighter-man Waterman Labourer La● 489. What not That which is no mystery nor degree ● Citizen nor any unlawful trade as Extortioner Maintainour Vagabond Heretick Dicer Carder c. Lam. 489. Addition of degree or mystery must be as the party then is But addition of the place may be such whereof he was Lam. 489 490. Additions Br. 41. Addition of degree and mystery must be knit to the proper person Lam. 489. The Statute of the 1 H. 5. cap. 5. of additions doth not extend to informations Lamb. 510. What shall be a good addition of Place Either of the Town or Parish if they be both of one name Lam. 490. Of the Town onely where there be two Towns in one Parish Lamb. 490. Either of the Town or Hamlet if there be two Hamlets in one Town Lam. 490. Of the Town if the person be of a place known within the Town Lam. ibid. Addition must comprehend the County Town or Hamlet whereof the party is or was Lam. ibid. What not Of the place where he is Parson without ●●ming the place of his aboade Lamb. ibid. Affray and Affrayers An Affray may be without word or blow ●s to be armed with armour or weapon not ●sually born Lam. 126. It is no affray properly unless there be some weapon drawn or stroke given or offered to be given or some such attempt Dal. 34. Constable or other Officer may lay no hands on any intending to make an affray till weapon drawn or offer of blow Dal. 34. Lam. 132. Cro. 146. a. An affray is in an house and the doors are shut the Constable may break into the house to see the peace kept Dal. 34. If the Affrayers flie into another house in to a Franchise or other County the Constable upon fresh suit may pursue them but cannot meddle out of the County but as a private man Dal. 34. Affrayer may be commanded by the Constable or other officer to avoid upon pain of imprisonment And if the affray be great they may make proclamation and command the parties to prison for a small time whom he must deliver without fine Lamb. 132. Dal. 34. After an affray a Justice of Peace may commit the offenders till they finde sureties if the affray were in his presence if out of his presence he may send his Warrant and commit them till they do finde sureties Vide Surety of the peace If a man be dangerously hurt and the wound mortal although the Justic● of Pea● may bail the offender yet it is the safest wa● to commit him till there appear some hop● of recovery Dal. 35. If an assault or affray be made upon Justice or Constable they may defen● themselves The Justice may cause them to be arrested the Constable may commi● them to the Stocks and after carry them before a Justice of Peace Dal. 35. Vid● Peace An affray is in a corporate Town which hath Justices within it self while the Sessions be held there the Justices of Peace shall not meddle there but it is otherwise at the Assises Cro. 146. b. Every private man present at an affray assault or battery may part them stay them that come to the affray with weapon stay the affrayers till the heat be over and then deliver them to the Constable but may not commit them unless one of the affrayers be in peril of death And if he flie into a house upon Hue and Cry break open the house and take him Dal. 33. Lamb. 131. Cro. 146. a. V●de plus Constable Agnus Dei Crosses Beads c. If any person to whom any of these or any other superstitious things from the See of Rome or authority thereof be offered do disclose the name dwelling or place of resort of such offerer or deliverer to any Justice of Peace of the same Shire the same Justice must within fourteen daies next after declare the same to some one of the privy Councel ● pain of Praemunire 13 El. cap. 2. Dal. 105. ●●e plus Treason Misprision and Praemunire Alehouses Two Justices one being of the Quorum ●ay licence one to keep a common Ale-●ouse taking bond with good surety for ●ood rule to be kept in his house 5 Ed. 6 cap. 25. And an Alehouse-keeper put down by two such cannot be allowed by any other two but in open Sessions Dal. 29. Twelve pence is given to the two Justices of Peace for taking a recognizance of him that is allowed to keep a Common Alehouse 5 Ed. 6. cap. 25. Lam. 370. Condition of a recognizance for an Alehouse Lam. 354. He that keepeth an Alehouse of his own authority without licence of two Justices one being of the Quorum or after prohibition of two such Justices may by two such Justices be committed to prison for three daies without bail and till he be bound with two sureties to keep none after Dal. 29. Lam. 354. Vide Stat. 3 Car. 3. which alloweth selling of beer and ale in Fairs though unlicensed As also the punishment of persons unlicensed Information of the offence and recognizance taken by two Justices one being of the Quorum of an Alehouse kept against the Statute of 5 Ed. 6. ca. 25. and certified by them to the Sessions is a sufficient conviction without further trial at the Sessions and they may assess the fine of 20 shillings without making process against the offender Lam. 572. Information made in Sessions that an Alehouse-keeper hath done an act whereby he hath forfeited his recognizance they may award process against him to shew why he should not forfeit his recognizance Quaere what process Lam. 524 529. Enquiry whether Alehouse-keepers have forfeited their recognizance ought to be at the Quarter-Sessions 5 Ed. 6. 25. Fines imposed by the Stat. of 5 Ed. 6. cap. 25. concerning Alehouses cannot be altered by the Justices of Peace 5 Ed. 6. c. 25. Lam. 578. Justices of Peace

wife father mother or master Dal. 184. 3. Father or mother in defence of the child within age Dal. ibid. 4. In defence of my goods or my land Dal. ibid. 5 An heir or feoffee may keep possession by force if they and their ancestors or feoffors or they whose estate they have have been in peaceable possession three years Dal. 210 In these cases he that attempteth may be disturbed and if he attempt to assault or lame me I may beat him again as well in defence of my person as possessions but not kill him Dal. ibid. If one will take my goods I must first lay my hands on him and disturb him if he will not desist I may beat him Dal. 185. What Justices of Peace are to doe in forcible entry or detainer Every Justice upon complaint or notice given ought at the cost of the party grieved to ●o execution viz. 1. He must go to the place Dal. 57. Lam. 147. 2. Take sufficient power of the County or of the Town and the Sheriff also if need be ●s well to arrest offenders as also for remo●ing of the force and for conveying them to ●he Goal Dal. ibid. Lam. ibid. Whosoever of that County shall refuse to give his attendance and assist the Justice shall be imprisoned and make fine Dal. 56. 15 R. 2. c. 2. 3. Arrest and remove all offenders and take ●heir weapons and prize them for the King Dal. ibid. If the doors be shut and entrance denied ●e may break open the house Dal. 57. Quaere The Justice cannot arrest or remove them The finde no force except by enquiry Dal. ib. 4. The Justice ought to make a record of ●he force and either keep it by him or indent ● and certifie one part either into the Kings ●ench or to the Clark of the Peace and keep ●he other Dal. ibid. One Justice of Peace upon his own view of forcible detainer may record the s●me by 15. R. 2. c. 2. Cro. 61. l. nu 9. The Justice or Justices recording a force upon his or their view may not put the party put out into possession but must first enquire by a Jury and the force being found put the party outed into possession Dal. 59. The record of the Justice is a sufficient conviction of the offender and is not traversable ibid. 5. The Justice ought to commit immediately to the next Goal those which he findeth continuing the force until they pay their fine ibid. 115. or forfeit an 100 pounds ibid. But such force must be in the presence or view of the Justice 6. The Justices or some of them that see the force are the proper Judges of that offence and may assess the fine but it must be upon every one severally Dal. 115. and is to be st●eated into the Exchequer upon which assessing and estreating the party is to be delivered Dal. 58. Lam. 159. And so upon paiment of the fine to the Justice or recognizance for paiment Dal. 58. vide Lam. 159. Quaere for the Sheriff is accountable for all fines and Lamb. adviseth to refer it over to the Kings Bench Lam. 159. Or the Justice may record the force commit the offenders and certifie the record to the Justices of Assize or to the Sessions and there the offenders be fined Dal. 58. But ought more properly to be assessed by them that record the force Dal. 91. and to be of value Or the Justice may certifie the record into the Kings Bench refer the fine thither Dal. 58. which Lambert thinketh the best course Lam. 159. The fines must be reasonable secund ●● quantitatem qualitatem delicti Lam. 577. 7. The force ought to be inquired of in ●ome good place or town neer where the ●orce was Da. 58. and that within a moneth ●f it be a riot Dal. 115. One Justice may en●uire Dal. 58. Enquiry may be though the offenders be ●ot present or though the Justice go not to ●ee the place where the force is Dal. 58 Lam●ert 152. Without enquiry there can be no restitu●on Dal. 59. Cro. 161. b. 164. a. Upon enquiry making the Justice must di●ect his precept to the Sheriff to summon ●4 of 40 shill a year land per annum Dal. ●13 vid. the form Cro. 132. b. Dal. 400. If the Sheriff do not duely execute the Justices precept for the returning of a Jury he forfeiteth 10. li. 8. H. 6. c. 9. Dal. 58. Upon default the Justice may award an ●lias and pluries infinite till they come The Sheriff at the day of the second pre●ept must return 40 shill in issues upon every ●ne at the third Writ 5 pound and at every ●ay after the double 8 H. 6. c. 9. If any Jurour have not 40 shillings land ●et the enditement is good for the King Quare if there shall be restitution Lam. 152. Dalton 213. Returning of smaller issues then the statute ●indreth not the inquiry Dal. ibid. Lam. ibid. 8. Upon enquiry the Justice may make re●itution wherein the Justice needeth not to ●xamine the title Dal. 214. Lam. 156. No restitution before inquisition ibid Cro. ●61 b. 164. a. Dal. 214. In the inditement 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. 214. Cromp. 163 b. Lam. 153. The inditement must be good both in matter and form Dal. 215. the words manis for●i or cum multitudine are necessary ibid. The inditement must express the quality of the thing whether messuage cottage c. tenementum may extend to either and so incertain Dal. 214. If restitution be made by a Justice upon an insufficient enditement the Kings Bench will restore the other Dal 215. Cro. 162. a. If errour be in the enditement any two o● these Justices which were at the taking of the enditement upon prayer of the party may grant a supersedeas to stay restitution if restitution be not made Dal. 215. Cro. 165. a. But no Justice not present can grant a supersedeas ibid. The Justice may make restitution or give warrant to the sheriff or certifie into the Kings Bench and leave the award of restitution to that Court Dal. 216. Lam. 156. None can grant restitution but they before whom the force was found Dal. 216. except the Kings Bench. None can personally restore the party but he that took the enquiry Dal. 216. And that by precept to the Sheriff Lam. 158. After enquiry the Justice of Peace may break into the house by force and put the ejected into possession Dal. 59. If restitution be made without enquiry it is punishable in the star-chamber Dal. 45. Restitution must only be made to him that was put out Dal. 159 213. Lam. 153. Restitution is to be made only of house and and Dal. 214. but not of rent common or ●dvowson Dal. 59. Restitution may be made notwithstanding ● traverse Dal. 60. but upon tender of traverse the safest way for the Justice

be resiant within the County ●here he is Justice of the Quorum 2 H. 5. c. ● Cro. 122. a. nu 34. Justice of Peace was put out of Commis●ion in Camera Stellata for that he refused to ●ake surety of the peace of one that came ●efore him who offered to find surety of the peace for that the Justice which granted the warrant was not his friend and thereupon would not go before him to be bound Cro. Jurisd of Courts 31. b. One Just of Peace upon his view of forcible detainer may record the same by 15 R. 2. c. 2. but in case of Riot or Rout c. there must be two Justices of Peace with the Sheriff or Under Sheriff 13 H. 4. c. 7. Cro. 61. b. nu 9. Justice of Peace commandeth one upon pain of 10 li. by his precept to be at the next Quarter Sessions and he appeareth not No Scire facias shall go forth more then i● there had been a Subpoena but it seemeth that he shall be attached to be at the next Sessions upon an accompt Cro. 123 a. nu 9. An affray is made within a Corporate Town whilest the Sessions be held there ● and that Town hath Justices within it self ● the Justices of Peace shall not intermedl● there but otherwise it is at the Assizes Cro. 146. b. Laboures and Servants ONe Justice of Peace may cause all artificers and other persons meet to labou● by his discretion to work by the day in ha● and corn-harvest time or imprison the refusers in the stocks for two daies and one night 5 El. c. 4. Dal. 77. Lam. 475. The Constable refusing to stock them loseth 40. shill One Justice of Peace under his hand and ●eal may licence labourers in hay and har●est time to go into another country to work Dal. ibid. One Justice of Peace upon complaint may ●ompel meet persons to be bound as appren●ices to husbandry or any other art c. and ●or refusal commit them to ward there to remain untill they be bound to serve according ●o the statute Dal. 77. 5 El. c. 4. One Justice of Peace may take order be●wixt the master and apprentice for want of ●onformity in the master bind him over to ●he Q. Sessions where four Justices one being of the Quorum may discharge the appren●ice and if fault be in the apprentice inflict ●ue correction Dal. 78. but if the first Justice find fault in the apprentice quaere if he may ●y 7 Jac. c. 4. send him to the house of Cor●ection as an idle disorderly person Dal. 78. One Justice of Peace may allow of the cause of putting away of a servant or of his depar●ure within his term Dal. 79. 5 Eliz. c. 4. But an apprentice must be discharged by four Justices of Peace in open Sessions ibid. One Justice of Peace may command vagrant persons to prison if they will not serve Dal. 81. One Justice of Peace may make his War●ant to attach a servant departing to be at ●he Sessions or may send him to the house of Correction Dal. 78. Two Justices of Peace upon complaint that ● servant departed before the end of his term ● except 1. cause be allowed by one Justice of Peace or 2. at the end of his term without one quarters warning before two witnesses or 3. hath refused to serve for the wages appointed by proclamation according to the statute or 4. hath promised to serve accordingly and doth not may examine the matter and may commit without bail such faulty person till he be bound to serve and continue and then he is to be discharged without see to the Goaler Dal. 79. Lam. 330. Two Iustices of the Peace may imprison the master for 10 daies without bail and the servant for 21 daies that giveth or taketh greater wages then are allowed by stat Dal. 80. Lam. 330. and the master loseth 5 li. 5 El. c. ● All retainer promise or paiment of wages or any other thing contrary to statute and every writing and bond for the purpose is void 5. El. c. 4. Dal. 79. Two Iustices of Peace may imprison for a year or less any servant workman or labourer that doth make assault or affray upon his master or any that hath the charge or oversight of them or of the work being prove● by the confession of the party or oath of two Dal. 79. Or the Iustices at the Sessions may inflict other punishment One Iustice may binde the offender to the good behaviour and so to the next Sessions Dal. 79. Lam. 330. 473. Two Iustices may compel any woman of the age of 12 and under 40 being unmarried to serve by the year week or day for such wages as they shall think meet or commit her to ward till she be bound Dal. 80. Lam. 330 331. The retainer of any to serve in the arts of ●loathing Wooll-weaver Tucker Fuller Cloath-worker Sheerman Dier Hosier Tailer Shoomaker Tanner Pewterer Baker Brewer Glover Cutler Smith Farrier Cur●ier Sadler Spurrier Turner Capper Hatmaker Felt-maker Bowyer Fletcher Arrow●ead-maker Butcher Cook or Miller for ●ess then a year is void 5 El. c. 4. Lam. 473. Dal. 79. No person shall interupt deny let or disturb any free or rough Mason Carpenter Bricklayer Plaisterer Joyner Hard-hewer Sawyer Tiler Pavier Glasier Lime-burner Brick-maker Tile-maker Plumber or Labourers born in the Realm or any Denizon to work in any of the said crafts in any City Borough or Town Coporate with any that will retain him or them though they do not inhabit or be free there upon pain of 5 pound the one moiety to the King the other to the informer 5 Ed. 6. c. 15. Any unmarried or under thirty years and married are compellable to serve in any of the said arts or to be imprisoned untill they will serve 5 El. c. 4. upon request of any person using the said trades except the person be lawfully retained with some other or have 40 shillings per annum in lands or 40 pound in goods or some farm in tillage Lam. 473. Dal. 79. None retained in husbandry to depart at his time into any other limit town or parish without testimonial on pain of 21 daies imprisoment and to be whipped if then he brings none and receiver of such loseth 5 li. Lam. 474. Dal. 85. Labourers not working so many hours as they ought lose 1 d. an hour Lam. 474. 5 El. c. 4. Servant falling sick or non potens corpore the master may put him away nor abate his wages Dal. 84. Any taking work by great and departing unlawfully before the work be finished loseth 5 li. and is to be imprisoned for a moneth Lam. 474. 5 El. c. 4. Any taking an apprentice contrary to order of law or exercising an art not being apprentice therein 7 years loseth 10 li. 5 E. ● 4. Lam. 475. Cro. 83. a. Servant departing into another shire is indicted for it in the County whence he departed the Justices of Peace may award a Capias to the

concubine is a good plea upon an appeal t●● it is no rape otherwise of another mans cocubine Lam. 257. Cro. 47. b. Stam. 24. D●● 290. Force without carnal knowledge is no ra●● Lam. 257 258. See the statute de Officio Coronatorii m●● 4 E. 1. Complaint must be made within sodaies but otherwise in an appeal A woman that is ravished ought presen● to levy hue and cry and to complain the● presently to some credible persons Dal. ●● Cro. 100. a. Stam. 22. indictment of rap● no time to be observed To ravish a woman who consenteth ● fear of death c. is ravishment for cons●● ought to be voluntary and free Dal. 290. ● 48. a. Consenting after rape doth not hinder ●ut that the husband and if she have no ●usband the father or next of bloud may ●ursue the ravisher to have him convicted ● R. 1●3 Rates vide Taxation Rebellious assemblies The statutes 1 M 12. and 1 Eliz. are dis●●tinued Dal. 222. Recognizance Recognizance is a bond of Record testify●●g the Recognizer to owe a certaim sum of ●●ny to some other and the acknowledge●ent of the same is to remain of record and ●ne can take it but onely a Judge or Officer ● Record Dal. 334. Every Recognizance taken by a Justice of ●●ace must be made by these words Domino ●egi upon pain of imprisonment of any per●●n that shall take it otherwise 33 H. 8. c. ● Cro. 196. b. nu 11. Lam. 162. Dal. 175 ●9 Sureties in Recognizances ought to be Sub●●dy-men and they must be two besides the ●●rty himself Lam. 101. Dal. 175. It is in the discretion of a Justice of Peace ●he take a recognizance ex officio to appoint ●● allow the number of the sureties their suf●●ciency in goods and lands the sum of mo●ey and how long he shall be bound Dal. 174. ●am 100. If a Justice of Peace be deceived in the ability of the sureties he may compel the party to put in another Lam. 100. Dal. 178. Recognizance of the Peace without expressing in the condition that it was for keeping of the peace seemeth void Lam. 103. Dal. 175. So it is if a recognizance be that a recognizer shall not maim or beat A. without expressing keeping the peace Lamb. 103. Dal. 175. Recognizance comprehending no time o● appearance but generally to keep the peace is good Lam. 103. Dal. 176. Recognizance for the peace upon a supp●cavit is not of necessity to be returned until ●ertiorari Lam. 109. Dal. 177. Recognizance taken to keep the peace against one especially quaere if it be good Lam. 104. Dal. 176. Recognizance taken to belevied only of the goods or only of the lands of the cognizer seemeth to be good enough Lam. 104. Dal. 167. Wife or insant under the age of discretion are to be bound to the peace by their sureties only Lam. 101. Recognizance taken ex officio if default of appearance be made may be removed by Certiorari Lam. 109. Dal. 178. Recognizance not forfeited is discharged by the death of the King of the cognizer o● the party suing for it if it were against him alone Lam. 113. Dal. 141. The sureties dying the recognizance is good against the executors Lam. 113. Dal. ●41 Recognizances taken are to be certified not●ithstanding the death of the King Lam. 103. ● of the recognizer or of the party at whose it it was granted Lam. 113. The Recognizance being forfeited the Ju●ces shall in discretion require new sure●s or commit him to prison Lam. 114. Dal. ●3 Recognizance of the peace brought into ●e Custos Rotulorum and not pursued by ●e party may be called upon for the King ● the Clark of the Peace ibid. Justices of the Peace cannot award process ●●on a forfeited Recognizance but it must ● certified into the higher Court except re●gnizance for alehouses Lam. 589. Dal. ●7 Cro. 167. a. 196. b. nu 9. and the cause ● the forfeiture Dal. 177. Recognizances or examinations taken con●erning suspects or felons are to be certified ● the next general goal-delivery 2 3 P. ● M. c. 10. Lam. 212. Recognizances taken by a Justice of Peace ● officio are to be brought into the Custos Ro●lorum at the next general Sessions Lam. ●9 Dal. 177. Cro. 139. a. but no pain by ●●e statute of 3 Hen. 7. 1. if he do not Br. ●eace 11. None but the King can pardon a Recogni●nce once forfeited Lam. 111. Cro. 140. b. ●al 181. Recognizance taken where the Justice hath no authority is void And taken by authority if the Justice insert other matter ●it is vo●d Cro. 196. b. nu 7. A Recognizance taken by a Justice of Peace is a matter of Record so soon as i● taken and acknowledged although it b● not made up but entred into his book nay although it be not entred Dal. 336. Sta● 77. b. E. Brook Record 58. Reconciliation vide Treason Records Records be nothing else but memorials o● monuments of things done before Judge● that have credit in that behalf Lam. 63. If a Record say any thing no man shall b● received to aver or speak against it ●●● 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 al● over them Lam. 64. The Record or Testimony of a Justice o● Peace is in some cases of greater force the● an endictment of a Jury and against it the party shall not be admitted to traverse Lam. 65. Embezelling of a record is felony but no● to be dealt withal by Justices of Peace Lam. 231 549. Precepts for surety of the Peace special 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 Justices of Assize at their Goal-delivery as Justices of Peace are to be left with the Clark of the Peace to be brought to the next Sessions of the Peace Lam. 391. One pleadeth a record before other Justi●es by way of justification the Justices ought ● give him day to bring in the record Lam. ●65 A Justice of Peace upon a Commission ●eing convicted by oath of twelve men of ●mbezeling wilful rasing of an indictment ●● maliciously enrolling that for an indict●ent which was not found or changing an ●●dictment of trespass into an indictment of ●●lony loseth his office and shall be fined and ●●prisoned according to his offence Lam. ●31 To rase a record is felony yet if a Judge do embezel or rase a record it is but mispr●sion in a Judge Dal. 283. Br. Coron 174. Treason 31. Embezeling of any record writ return panel process or warrant of Attorney ●n Chancery Kings Bench Exchequer Common pleas or Treasury is felony in the parties their counsellers procurers or abetters Dal ibid. But it seemeth that Iustices of Peace have ●●ot to do with these felonies Lam. 5 9. Cro. 56. 8. H. 6. c. 12. Dal. 283. for that these records

affray or do other outrage it seemeth to be a riot in so many as come with such intent Dal. 223. Quaere if falling out suddenly at such a meeting and then falling to take parts be a riot Dal 223 224. But if by agreement they meet again and fight it is a riot ibid. Vide Dal. 224. Cro. 61. b. nu 12. It can be no riot except there be an intent precedent to do some unlawful act with force Dal. 222. Cro. 62. a. nu 13. Yet if a man go to Sessions or market with his servants in harness though there be no intent to commit a riot yet the manner maketh a riot Cro. 61. a. Vide 2 E. 3. cap. 3. Dal. 225. What one Justice of Peace is to do in case of Riots He may prevent a riot before it be done or stay it in the doing and in the doing may take and imprison the rioters and bind them to their good behaviour Dalt 109. Lam. 181. A riot being done Justices of Peace can neither record the riot nor make enquiry nor assess the fine nor award process nor meddle with it but only as a trespass against the peace or upon the statute of Northampton of forcible entry Dal. 110. Lam. 181. Justices of Peace sitting in a judicial place and seeing a riot may command them to be arrested and record it and it concludeth the offenders Dal. 110. Cro. 65. nu 54. Lam. 385. But a Justice of Peace in ano●her place seeing a riot and recording it the parties may traverse it ibid. Cro. 65. a. nu 53. Lam. 386. Every Justice of Peace being of and in the county having notice of any riot ought to have a care to execute the statute 13 H. 4. c. 7. viz. that the rioters be arrested c. and removed otherwise the next Justices for●eit an hundred pound a piece and every other Justice in whom there shall be default fineable in the Star-Chamber Dal. 110. Cro. 124. a. nu 22. One Justice of Peace may arrest rioters enforce them to find sureties for the peace or good behaviour or in default commit them to prison Dal. 112. Cro. 157. b. Lam. 181. A Justice of Peace not finding the rioters come to the place may leave his servants to restrain the rioters when they come or else arrest them if they offer to break the peace Dal. 110. Lam. 181. Br. Peace 7. If the Justice of Peace be sick he may send his servant to repress a riot or to arrest such offenders and bring them before him to find sureties for the peace and his command by word is sufficient Dal. 110. Cro. 64. a. nu 45. 148. b. One Justice of Peace may cause all statuts for suppressing of riots to be put in execution Dal. 111. If the riot be notorious it is not safe to stay complaint or information Dal. 111. What two Justices of Peace may do in a Riot They ought to send for the Sheriff or Under-sheriff if none of them come Dalt 112. Lam. 327. If one or two next Justices do come and not the Sheriff or Under sheriff such as come shall be excused of their fine of 100 pound Dal. 111. Lam. 327 Cro. 63. b. nu 35. If one Justice of Peace in the county shall execute the statute of 13 H. 4. c. 7. it shall excuse the next Justices Dal. 112. Lam. 326 327. Two Justices of Peace present without the Sheriff are fineable if they do not all which by the statute of 13 H. 4. c. 7 ought to be done Dal. 112 Lam. 327. If two Justices of Peace without the Sheriff or Under-Sheriff See persons committing a Riot they may cause them to be arrested and record it Lam. 319. Quaere The particulars which the two next Justices of Peace with the Sheriff or Vnder-Sheriff must do upon the statute of 13 H. 4. c. 7. Dal. 113. 1. They must go to the place where the riot is Dal. 113. 2. They shall take the power of the county viz. all above 15 years of age under the degree of Barons upon pain of imprisonment fine and ransome Dal. 114. Cro. 157. b. Lam. 314 315. It is not good to raise the power of the county without certain information and knowledge yet they may do it upon information though it be false and be excused or without information if when they come they find one Dal. 114. Lam. 315 316. Cro. 64. b. nu 49. 3. They shall arrest all such offenders or cause them to be arrested and remove the force commit to prison the rioters and take away their weapons Dal. 114. Lamb. 316 317. And all such as come into the company if they be present shall be arrested imprisoned and fined as it seemeth Dal. 115. Such as they meet coming from the place riotously arraied they may arrest and imprison but cannot record any riot done by them but after enquiry may fine them Dal. 114. Lam. 316. Cro. 63. a. nu 32. The Justices see the riot committed and the rioters escape they must record it and cannot arrest them but upon fresh suit which record must be sent into the Kings Bench that process may come from thence Dal. 115. Lam. 318. The Justices may grant a warrant for such as they saw escaping to be bound to the good behaviour Dal. 115. Cro. 196. a. nu 27. And so they may do upon information but it is best to do it upon inquiry and so to fine them Dal. 115. In execution of the said arrest of rioters the Justices may justifie the beating wounding or killing of any the rioters which resist or will not yield Dal. 115. Lam. 316. Cro. 62. b. nu 20. 158. b. 4. After arrest the Justices Sheriff or Under sheriff shall record the riot in writing viz. all that shall be done in their presence against law which ought to be formal and certain as time place number weapons manner c. Dal. 119. Cro. 63. a. nu 31. Lam. 316 317. The form of the record v de Dal. 401. La. 220. If in going to see a riot another riot happen in their presence they may record it arrest and imprison the offenders Dal. 115. Lam. 318. If the rioters make a riot upon the Justices they may record it also Dal. 115. Justices record a riot and upon examination it appears no riot or saw it not or there was no riot yet the parties are concluded Dal. 116. Cro. 63. a. nu 33 65. a. nu 56 130. a. Lam. 317. 5. The Justices are presently to commit rioters to the goal and the power of the county ought to be aiding to the Sheriff or Under-sheriff Dal. 116 117. None may commit the rioters but the Justices who had the view Dal. 116. If the Justices and Sheriff or Under-sheriff commit to prison the offenders and do not record the riot every one of them loseth 100 pound or do record the riot and do not commit the offenders Dal. 117. Cro. 61. ● nu 10. 6. The said Justices and none

quarter broad 3 quarters of an inch thick or lose 5 shill a hundred 17 E. 4. c. 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 thickness or lose two 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 to be levled by distress by warrant from one Justice of Peace and to be sold after 6 daies for want of distress to be sent to the gaol till payment be made 1 Jac. c. 9. 7 Jac. c. 10. 1 Car. c. 4. Lam. 192. The Oath of Constables Churchwardens Headboroughs Tithingmen and Aleconners are to be enlarged and extend to present all offences against the statutes of 1 Jac. c. 9. 4 Jac. c. 5. 21 Jac. c. 7. Any continuing tipling in an Inne Victualling-house or Alehouse shall forfeit 3 shill 4 pence to the poor or not being able to pay the same shall sit in the stocks four hours 1 Iac. c. 9. 7 Iac. c. 10. 21 Iac. c. 7. Vide Alehouses 4 Iac. c. 5. 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 recognizance to obey the sentence and process of the Judge 27 H. 8. c. 7. 27 Eliz. c. 11. Lam. 357 Dal. 141. Upon complaint in writing by an Ecclesiasticall Judge that hath given definitive sentence in case of tithes against one wilfully resusing to pay the tithes or summe of money adjudged two such Justices of P. may cause the party to be attached and imprisoned till he finde surety to perform the sentence 32 H. 8. c. 7. Dal. 144. Lam. 357. Cro. 197. a. nu 22. Miller taking Toll by heaped 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. c. 3 Cro. 92. a. A Miller shall have Toll of a bushel of hard Corn three wine pints and of a bushel of Malt but one pint if the Corn be brought to the Mill for that a Mill will grinde three bushels of Malt as soon as one bushel of hard Corn Cro. 92. a. Quaere for 51 H. 3. c. 3. doth not express so much Vide Dal. 151. Toll-gatherer for horses taking above a peny for one contract or entring the parties names and that in the same place only where the market or fair is and between ten of the clock in the morning and Sun-setting loseth ten shill and is to answer the party grieved 2 3 P. M. c. 4. Lam. 471 472. Toll-taker not knowing the seller of an horse mare c. the seller may bring one creditable witness that will testifie he knoweth the sellers name mystery and dwelling-place and there to enter them with the true price of the horse or loseth 5 l. 31 Eliz. c. 12. Cro. 91. a. Lam. 472. Any giving testimony to the Toll-taker unless he do truly know the same loseth five pound ibid. A thief selleth a stolen horse by a false name and is so entred into the Toll-book such misnaming maketh the sale void Dal. 74. 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 two pence for the same loseth 5 l. 31 El. c. 12. Transportation Every man may transport corn it being at ●he prices following except it be forbidden by proclamation 1 Iac. c. 25. 21 Iac. c. 28. 3 Car. ● 4. Wheat a quarter 26 shil 8 pence Rie and Pease a quarter 15 shill Barley and Oats a quarter 14 shill Every subject born within the Realm when ●he prices of corn at the times places and ●avens when where the said corn shall be bought 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 other places within the Realm except where such transportation shall be forbidden by the Kings Proclamation 3 Car. c. 4. Wheat a quarter 32 shill Rie Pease and Beans a quarter 20 shill Barley a quarter 16 shill Every man may transport any beer when the price of a quarter of Malt exceedeth not 16 shillings Traverse is the denying of the chief matte● in an indictment Lam. 540. Traverse upon a forcible entry or detaine● found upon presentment quaere before who● the traverse is to be made or tendred La● 158. Notwithstanding offer of traverse upon e●quiry of a force the Justice of Peace mu●● make the restitution by the statute of 8 H. ● or else deliver or certifie the presentment i● the Kings Bench Lam. 158. Dal. 60. Traverse lyeth where one Just of P. alon● will take upon him to record a Riot that h● seeth and the party shall not be conclude thereby Lam. 182. Traverse of an indictment of felony o● treason is not usual Lam. 541. Traverse of an indictment may be befor● the Justices of Peace Lamb. 542. If the Cou●● where the presentment is found cannot a● ward process thereof it cannot receive a traverse of the presentment as a leet of blood shed Lam. 542. That Court that may award process ad respondendum upon an indictment may take ● traverse of it Lam. 543. Presentment of bloodshed found in th● Sheriffs turn and sent to the Justices of Peace● cannot be traversed before them Lam. 54● One of the Enquests presents himself it i● not traversable Lam. 543. Where process ad respondendum goeth ou● upon an indictment that is traversable th● party may offer and have his traverse Lam 542 543. Quaere whether a man be admitted to traverse a presentment except it change him in the freehold Lam. 543. Travelling beyond the Seas Officer of Ports or owner of a Vessel suffering any woman or child under 21 years of age except Sailers ship-boies apprentices or ●actors of Merchants in their trades to go or carrying any of them beyond sea without ●icence of the King or six of the Privy Coun●el under their hands such Officer of the Ports forfeiteth his office and all his goods and the master of the Vessel his Vessel and ●mprisonment without bail for 12 months and loseth also all his goods 3

County to cause proclamation to be made of the several rates so rated in so many places of their several authorities as to them shall seem convenient and as if the same had been set down printed by the Lord Chancellour or Keeper after declaration thereof to the Kings Majesty and certificate thereof into the Chancery 39 El. c. 12. 1 Jac. c. 6. Any giving wages contrary to the rates appointed and proclaimed loseth 5 pound 5 El. c. 4. 1. Jac. c. 6. Lam. 474. Every Justice of Peace not having lawful excuse testified by oath of one that is in subsidy 5 pound c. that shall not assemble at Easter Sessions or within 6 weeks after to rate the wages of servants c. shall lose 10 pound 5 Eliz. cap. 4. Lam. 632. Any having authority by 5 Eliz. c. 4. to rate wages may rate the wages of labourers weavers spinsters and of any working by day week moneth or year or by great 1 Iac. cap. 6. No penalty for not certifying the rates of wages into the Chancery according to the statute of 5 El. c. 4. if they be duly proclaimed 1 Iac. c. 6. Rates of wages ingrossed in parchment are to be kept by the Custos Rotulorum if in a Corporation amongst the records thereof ● Iac. c. 6. Any two Justices of Peace may imprison without bail the master for ten daies for giv●ng and the servant workman or labourer for 21 daies for taking greater wages then are ●ssessed by the Justices of Peace and proclamation thereof made in that county 5 El. c. ●4 Dal. 80. Every retainer promise or paiment of wages or other thing whatsoever contrary to the true meaning of 5 El. c. 4. and every writing and bond for that purpose is utterly void Dal. 80. Justice of Peace may have his action of debt against the Sheriff for his wages at the Sessions Cro. 177. a. nu 23. Justices of Peace shall be paid their wages out of the fines and amerciaments of the same ●essions and they ought to assess the fines in the Court and then the Clark shall indent the estreats betwixt the Justices and the Sheriff and the Justices shall put their names thereto to the end the Sheriff may know to whom to pay wages and levy the same to pay to the Justices whereupon the Sheriff shall be allowed the same upon his accompt in the Exchequer 14 R. 2. c. 11. Lam. 628. Cro. 177. a. nu 30. Wainlings Any killing any Wainling Calves under two years old to fell lose 6. shill 8 pence for every offence determinable at the Quarter Sessions 24 H. 8. cap. 9. 1 Iac. cap. 25. Lam b. 453 607. Lying in wait to maim or kill any other to be fined Lam. 446. Warrants The Justice of Peace his command by wo● of mouth is in some cases as strong as his pr●cept in writing Dal. 336. As A Justice of Peace seeing a Riot may co●mand the Rioters to be arrested and ca● them to finde sureties for their good behav●our Dal. 336. So upon affray assault threatning or a● other breach of the Peace done in his pr●sence he may command the officer being pr●sent to arrest such offenders to finde sure for the peace Dal. 336. But for causes out of his presence one m● not arrest another upon the Justices comman● but by precept in writing Dal. ibid. Br. Pe●● 7. A warrant in writing must be under t● Justices hand and seal or under his hand ● least Dal. 336. Lam. 85 88. But it is better under seal Dal. 337. A warrant for the peace or good behav● our must contain the special matter Dal. 33● La. 87. but it is better under his seal Dalt 33● A warrant for treason murder or felony ● other capital offence and such like need n● contain the special cause Cro. 148. a. Dal. 33● A warrant is better if it contain and be● the date at the place where it is made the ye● and day when it was made Cro. 174. a. Dal. ●● am 88. Justice of Peace being out of the County granteth his warrant to be served in the ●●nty the officer must carry the party be●e some Justice of Peace within the County ● ibid. Lam. 91. The County written in the margent of ●e warrant albeit it be not expressed in the ●arrant and in Com. praedicto shall have re●tion to the County set in the margent ●● 102. b. nu 29. Justice of Peace may make his warrant to ●e before himselfe yet upon a warrant for ● Peace the usual manner is otherwise Co. 5. ● Dal. 170 338. ●n some cases a Justice of Peace may grant warrant to attach the offender to be at the ●● Sessions of the Peace to answer his said ●ence Dal. 338. Justice of Peace may grant his warrant a●ainst one that hath broken the peace or ●mmitted misdemeanors against the peace ● finde sureties for the peace or good be●aviour Dal. 34 162 165 338. Justices of Peace in divers cases as the case ●ll require may grant their warrant for the ●ies neglect or other default and such ●trant may be either to attach him to be at ●● next Sessions there to answer c. or to ●●g the offender before the said Justices or ●y other Justice c. who finding cause to ●●d him may bind him to the next Sessions answer the said default Vide Dal. 338 ●0 Where the statute giveth authority to Justi●● of Peace to cause another to do a thing ●●ey have power of congruity to grant their ●●ant to bring such persons before them that so they may take order therein Qu● Dal. 338. A Justice of Peace maketh a warrant ● yond his authority it is not disputable Constable or other inferiour officer but ●● be obeyed Lam. 65. Dal. 8 242 342. But if the Justice make a warrant to do● thing out of his jurisdiction or in a ca● wherein he is not a Judge if the officer e●●cute the warrant he is punishable Dal. 3● Cro. 147. b. Dal. 8. Lam. 91 92. Warrant for the Peace may be directed any indifferent person by name though h● not officer yet it is better to a known offic● Dal. 340. Cro. 147. a. Lam. 88. A sworn and known Officer need not shew his warrant but the servant of the stice must shew it if it be required Dal. ●● Lam. 89. Cro. 148. a. A warrant directed to the Constable ● to a stranger joyntly and severally and e●●cuted solely by the stranger is good Cro. ●● b. Dal. 340. Warrant directed to two joyntly to ar● another may be executed by one of the Dal. 340. Lam. 89. A Just of P. may make his warrant to Sheriff to attach one to bring him to Sessions to finde surety of the Peace 136. a. A warrant being directed by a Justice● Peace to the Sheriff he may by word co●mand any sworn or known officer un●● him without precept in writing Dal. 3● Lam. 89. If a Justice of Peace his warrant be dire ●●rected to the Sheriffs Bailiff

must certifie the recognizance taken for Alehouses at the next Quarter Sessions after they are taken or lose 5 Marks 5 Ed. 6. cap. 25. Any directly or indirectly selling Ale or Beer unto any Alehouse-keeper not licensed more then for his necessary provision for his houshould shall lose after the rate of 6 shillings 8 pence for every barrel For the levy and disposal of the penalty see Victuals 4 Iac. 4. Alehouse-keeper or Inne keeper suffering any tipling contrary to the 1 Iac. cap. 9. 4 Iac. cap. 5. 7 Iac. cap. 10. 21 Iac. cap. 7. forfeiteth 10 shillings and every such tipler 3 shillings 4 pence for not ability of paiment the Alehouse-keepers c. to be committed to the Gaol till the penalty be payed which penalty is to be paid within 6 daies or the distress to be sold 1 Iac. cap. 9. the tipler to the tocks for four hours 4 Iac. cap. 5. Dalt 28. Car. 4. Justice of Peace hath power in those cases ●o minister an oath to witnesses wherein ●ath of one witness is sufficient 1 Car. cap. 4. ● Iac. 9. 21 Iac. 7. The Constables and Churchwardens neg●ecting to levie or to certifie the cause ●hereof by 20 daies to the Justice that granted the distress doe forfeit 40 shillings ●n default thereof to be sent to the Gaol till paiment be made 1 Iac. cap. 9. Dal. 28. Cro. 78. a. Alehouse keepers and Inne-keepers ought to lodge travellers Quaere how he is compellable and see the opinion of Sir Iames Ley chief Justice at Lent Assises 1622. Dal. 28. No Inne-holder Alehouse-keeper or other Victualler shall be compelled to sell victuals to others or to have lodging except the party first pay ready money Dal. 28. Cok. lib. 9. fol. 87. b. Brook action surle case 76. Selling of less then a full Ale-quart of best Beer or Ale for 1 d. and of 2 quarts of small for 1 d. upon oath of one witness the penalty is 20 shillings 1 Iac. cap. 9. 4 Iac. c. 5. 21 Iac. cap. 7. Dal. 26. Any tippling in any Inne Alehouse or Victualling-house wheresoever his habitation be forfeiteth 3 shillings 4 pence 21 Iac. cap. 7. Dal. 28. A feme covert keepeth an Alehouse and selleth Ale c. without license contrary to her husbands will the husband is punish able Dal. 30. The voluntary confession before one Justice of Peace of any offender against the Statute of 1 Iac. cap. 9. or 4 Iac. cap. 5. i● sufficient to convince the party offending And after confession the oath of the party confessing is proof against any other offending at the same time Dal. 26. 21 Iac. cap. 7. Alehouse-keepers are disabled to keep Alehouse for three years after 1. If they suffer tipling Dal. 31. 2. If they sell not a quart of the best and two quarts of smal Beer or Ale for a peny Ib●d 3. If they be convicted by Indictment at the Assises Sessions or Leet for being drunk 4 Iac. cap. 5. or before one Justice upon oath of one witness 21 Iac. cap. 7. 4. Continue drinking in another Alehouse 7 Iac. 10. 4 Iac. 5. Dal. 32. Vide plus Victuallers confession In all these cases if he be licensed again within three years such license is void and he to be punished as victualling without licence Dal. 32. If any unlicensed Alehouse-keepers be convicted by the view of any Justice of the Peace confession of the offender or oath of two witnesses he loseth twenty shillings to the use of the poor of the Parish to be levied by way of distress by warrant from the Justice of Peace convicting and within three daies to be sold 3 Car. cap. 3. Where there is no sufficient distress or non-paiment within six daies after conviction the offender is to be openly whipped as the Justice of Peace shall limit 3 Car. cap. 3. The Officer refusing or neglecting to execute the Justice his precept is to be committed to the Goal until he do or procure the offender to be whipped or pay 40 shillings to the use of the poor of the said Parish 3 Car. c. 3. The second offence is commitment to the house of Correction for a moneth Ibid. The third offence is to remain in the house of Correction till he be delivered at the general Sessions Ibid. He that is punished by the Act 3 Car. 3. not to be punished by the Statute 5 Ed 6 cap. 25 è contr Alias dictus vide Eudictment Alien and his trial vide Trial. Allegiance vide Supremacy Amerciaments The owner of a beast knowing it to be harmful and not restraining it whereby it killeth one is to be arraigned for his death and amerced for the King Lamb. 239. Cro. 24. nu 45. Dal. 238. Offenders in gathering more amerciaments then are in their lawful estreats to be convicted by two Justices one to be of the Quorum appointed by the Custos Rotulorum or in his absence by the eldest of the Quorum for the oversight of the Sheriffs 11 H. 7. c. 15. Estreats of Amerciaments must be by Indenture between the two Justices appointed for oversight of Sheriffs books and the Sheriff or under Sheriff under their seals or else the Sheriff to lose 40 shillings 11 H 7. cap. 15. No amerciament for default of appearance when the Sessions are not summoned by precept Lam. 381. or when the Summons is at one place and kept at another Ibid. Or when the Sessions were the same time at two places and the party appeared at one of them Lam. 384. Justices of Peace cannot amerce their fellow for absence from the Sessions but a Justice of Assise may amerce a Justice of Peace for his absence from the Goal-delivery Lam. 385. Clerk of the Peace Coronors Sheriffs Bailiffs of Franchises Constables of Hundreds may be amerced for default of appearance at Sessions Lam. 395. Amerciaments of Jurors for concealment Vide Jurors Lam. 400 401. 3 H 7. cap. 1. Appearance Recognizance taken for the Peace against all the Kings people and to appear at the next Sessions by Supersedeas out of the Chancery testifying surety 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. 112. Dal. 173. Who shall be amerced for default of appearance and who not vide Amerciaments Release Appeachment vide Approvers Appeal Justices of Peace can take no appeal of any felony Lam. 550. Stamf. 65. a. quaere tamen Appeal of robbery 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 El. 4. Dal. 78. Upon complaint of an Apprentice one Justice may take order betwixt his master and him and for want of conformity in the master may bind him to appear at the Quarter Sessions Dal. 78. and to be discharged by four Justices If default be in the ●pprentice it seemeth one Justice may send him

the Peace do not agree upon an order it is to be referred to the Bench Dal. 25. Quadraginta septimanae sunt ●egitimum tempus mulieribus constitutum Coke Instit 123. Dal. 38. The mother may be examined upon oath concerning the reputed father the time and other circumstances Dal. 37. By 7 Jac. cap. 4. the mother is to be committed to the house of correction for a year but not till after delivery and the child living Dal. 38. If she offend the second time she is to be committed to the house of correction and there remain till she find sureties for her good behaviour and not to offend again● 7 Jac. c. 4. Dal. 38. All Justices of Peace in their several limits and in their Quarter Sessions may do all things concerning the Statute 18 El. for Bastardy which is limited to the Justices of Peace in several counties 3 Car. cap. 4. Reputed father to be bound to the good behaviour till the child be born Dal. 37. Vide plus House of Correction If the putative father shall either before or after the birth of the child by practice of any other convey himself away or cause the mother to run or leave her child such may be bound over to the next Goal-delivery o● Quarter Sessions Dal. 37. Battery lawful vide Riot Assault Breach of the Peace Bath and Buxton vide Licence Bawdery Bawdery is not meerly a spiritual offence but mixt and soundeth somewhat against the Peace Lam. 119. Dal. 193. A Constable upon information that a woman is in adultery or fornication with a man or that a man and a woman of ill report are gone to a suspected house in the night may take company with him and if he finde them so he may carry them to prison or to a Justice to be bound to their good behaviour Dal. 193. Resorters to bawdy-houses are to be bound to their good behaviour Dal. ibid. Keepers of bawdy-houses are to be bound to their good behaviour Dal. ibid. Beads vide Agnus Dei Bear-wards vide Licence Beer and Beer-brewers vide Victual●ers Beggers vide Rogues and poor people Blockwood vide Logwood Bloudshed Presentment of bloudshed found in the She●iffs Turn and sent to the Justices of Peace an neither be traversed before the Just●ces of Peace nor at the Sheriffs Turn Lam. 543 Bonds vide Recognizances Bowyers vide Archery Brass and Pewter Brazier nor Pewterer may exchange or sell ●ny Brass or Pewter but in open Market or Fair or in his house unless upon request of ●he buyer on pain of ten pounds for each offence 19 H. 7. c. 6. 4 H. 8. 7. and inquireable ●t the Sessions Lam. 621. All working hollow wares of other lay me●al then according to the assize of the lay metal wrought in London or not setting their seal on lose the wares Searchers of Brass and Pewter must be appointed by the Justices of Peace at Michaelmas Sessions 19 H. 7. c. 6. 4. H. 8. c. 7. Lam. 621. 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 Lam. 115. Dal. 181. Cro. 136. b. or in his absence if he after lie in wait to do it ib●d To command or procure one to do any unlawful against the peace if it after be done Menacings affaires assaults injurious an● violent handlings entreatings battery and malicious strikings imprisonment withou● warrant to thrust one into the water to en● danger him to ravish a woman to commi● felony or treason Dal. 181. Lam. 127. A Farmer Tenant or Commoner by threats or blows to repulse violence offere● his Land lord or Maior Lam. 129. Dal. 185. What act soever is a breach of the Peace the doing thereof doth beget a forfeiture o● the recognizance made for keeping of the Peace Dal. 181. Lam. 114. A Justice of Peace certifieth into the Kings Bench that such a man broke the Peace i● his presence the party shall be put to his fine without any traverse Cro. 132 a. What not In his absence to threaten to beat him a● whose suit he was bound to the Peace Dal. 181. Threats or moderate correction of the Master Schoolmaster Goaler to those under their command of Parents to the child within age of the Lord to his villain Lam. 127. Dal. 183. To beat with rods a kinsman that is mad to the end to reclaim him Dal. ibid. Lam. 128. Constable Officer or any of their company to strike any for better execution of their office Dal. 180. Lam. 128. By threats or blows to repulse violence offered to ones own person wife father mother child m●●●er Dal. 184. Preservation of his own goods Ibid. Lam. 129. and Crom. 136. b. affirm that the Master ●ay beat him that doth assault or beat his ●ervant but Dalton maketh a quaere of it ●nd that a Master may onely with sword or ●aff defend him Dal. 185. Pax Reg. 5. To kill or hurt one at fence play tilt tur●ament or barriers in the Kings presence or ●y his command Dal. 184. Lam. 129. To take ones goods wrongfully if not from his person Lam. 130. Dal. 186. 210. is no forfei●ure of his recognizance Cro. 65. b. nu 59. 8. 137. a. So to take anothers Ward Dal. 186. Lam. ibid. To disseise another of his Ward Dal. ibid. To trespass in anothers corn or grass ibid. Trespass lieth 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 lawful except he first flie as far as he can Dal. 184. Cro. 137. a. 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. 168. Brewers vide Victuallers Bridges By common right Bridges should be amended by the whole County for it is for the common ease of the County Cro. 187. b. yet if any have fishings or profit in that river they are chargeable Cro. 186. b. A man voluntarily maketh or amendeth a Bridge he is not compellable to do the same again unless he his ancestors have used so to do time out of mind Dal. 41. Cro. 186. a. Where a man and his ancestors have used time out of mind to repair a Bridge the King cannot acquit him Dal. 41. It being not known who or what land is chargeable with the repairing of a decaied Bridge four Justices one being Quorum may tax the Inhabitants and make Collectors and Overseers for repairing of it and appoint Surveyors and exact an accompt of them and if they refuse so to do the said Justices may make out Process against them by Attachments Precepts or Warrants under their seals returnable at the Quarter

reward for discharging any from service lose ten times so much or 20 li. 2 E. 6. c. 2. Lamb. 482 483. Captain● or others having the charge of men for war keeping back part of their pa● lose to their souldier treble so much as is no● pa●d or for licencing any to depart lose ten times the gain 2 E. 6. ibid. Vide plus Travelling Castle vide Felony Cattel Buyer of live Oxen Runts Steers Kine Calves Sheep Lambs Kids and Goats if he sell them within five weeks after loseth the double 5 E. 6. c. 1● Lam. 452 Vide Badgers Certificate Recognizance and release of the Peace both are to be certified at the next Quarter Sessions 3 H. 7. ca. 1. but no pain by the Statute to the Justice if he do not Lam. 111. Dal. 177. Cro. 139. a. nu 11. One that is bound to the Peace maketh default at the day of his appearance the Recognizance with the record of the default of his appearance must be certified into the ●xchequer Kings Bench or Chancery So if it be presented that he hath broken the Peace Lam. 589. Sheriff must certifie to the Justices at the next Sessions in dictments lawfully found and taken at his turn or law-day 1 E. 4. c. 2. the penalty is 40 pound Clark of the Crown must certifie the names of any that have been out-lawed of felony or Clarks convicted or attainted upon the letter of a Justice of Peace or lose 40 shillings 34 H. 8. c. 14. Transcript of every attainder out-lawry or conviction had before the Justices of P. must be certified into the Kings Bench by the Clark of the Peace within 40 daies after the attainder if it be in Term if not within 20 daies after the beginning of the next Term on pain of 40 shillings 34 H. 8. c. 14. Clark of the Peace must certifie to the Ordinary a transcript of the Clarks convicted or attainted 34 H. 8. cap. 14. Quaere because by 18 El. c. 6 no delivery to the Ordinary Lam. 588. Custos Rotulorum of the County where one is attainted as principal of felony upon writing of the Justices of the Gaol-delivery or Oyer Terminer of another County where one is accessary unto the other must certifie what is done with the principal 2 E. 6. c. 24. Lam. 588 589. Where the Justices 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 sectary made in open Quarter Sessions must be certified at the next Assizes unto the Justice of Assize 35 El. c. 1. Lam. 590. Presentment that goods and cattles of one attainted of felony 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 Justice loseth five Marks 5 E. 6. c. 25. Certificates of dockets of Purveyors vide Purveyors Certificates of transcripts of Records of the Sessions into the Kings Bench vide Clarks of the Peace Certificate of Riots vide Riots Certificate of Certiorari vide Certiorari Certificate of Examinations vide Examinations Vide plus Recognizance Certiorari Certiorari is to remove indictments or other Records to be fully heard where the Justices cannot proceed or be reversed where they have proceeded erroniously Lam. 591. A Certiorari issueth out of the Chancery and the Records are removed thither and sent th●ther by Mittimus to any other Court Lam. 591. Certiorari to remove matters of the Crown need not contain the cause of the removing Lam. 514. Certiorari into the Chancery hath in Cancellaria into the Kings Bench nobis mittatis Dal. 416. Cro. 132. a. Certiorari may command either the Record it self or the tenour of the Record Cro. 131. b. Lam. 515. Dal. 416. Certiorari is to be directed to the Justices Lam. 515. Justices of Peace ought upon Certiorari to remove the Record though the party that brought the Certior sueth not after to have it removed Da. 416. Cro. 132. b. 133. a. La. 516. An Indictment may be removed upon a Certiorari bearing date before the Indictment was taken Dal. 417. Cro. 132. b. 164. b. 167. b. Lam. 510. A certificate of a Certiorari ought not to omit that which did authorize the Justices to make the record neither ought they to certifie more then the Certiorari warranteth them Lam. 516. If the Certiorari vary from the Record the Justices need not to certifie Cro. 132. b. Dal. 416. A Certiorari is to send up the Indictment of A. in which others are joyntly indicted the Justices need not make certificate of any but of A. only Cro. 132. a. Lam. 517. Dal. 416. A Justice may without Certiorari send into the Kings Bench a Recognizance of the Peace an Indictment found before him or a force recorded before him Dal. 416. Cro. 132. b. 133. b. but not without Certiorari if he be put out ibid. No bills of indictment riot forcible entry assault or battery found at the Quarter Sessions shall be removed by Certiorari unless it be delivered in open Quarter Sessions and the indicted bound in ten pound to the prosecutor with such sureties as the Justices shall allow to pay within one moneth after the conviction of the indicted to the prosecutor such costs and damages as the said Justices shall allow otherwise the Justices to proceed to trial 21 Jac. ● 8. Dal. 219 220. Vide plus Certificate and Justices of Peace Challenge One indicted of felony may challenge as many as he will shewing cause but without cause he may not challenge above twenty 22 H. 8. c. 14 Lamb. 554. 28 H. 8. c. 1. What shall be a good challenge of a Juror That he was an indictor of him Lam. 554. That he hath no lands to clear yearly value of 40 shill Lam. 554. In Cities and Borroughs that he hath no goods moveables worth 40 pound Lam. ibid. That he is not Probus L●galis as if he be attainted of felony forgery perjury c. Lamb. ibid. Champerty Champerty is when one for hope of having part of the thing in variance moveth or causeth the suit to be moved at his own cost and for it he is to be sined 33. E. c. 1. Lam. 441. Chance-medly vide Homicide Chastisement vide Correction Church and Church-yard Maliciously to strike with a weapon in the Church or Church-yard or to draw a weapon to that end is loss of one of his ears or having no ears to be marked on his cheek with the letter ●● 5 Ed. 6. 4. Lamb. 419. To kee● Fair or Market in the Church-yard 〈…〉 c. 6. 〈…〉 Conviction of any upon the statute 5 Ed. 6. c. 4. may be by the Justices of Peace at their Quarter Sessions by verdict testimony of two or by confession 5 Ed. 6. c. 4. Execution of the forfeiture upon the stat of striking in Church-yards to be awarded by the

Justices of the shire may meddle there Lam. 68 69. The making of a new commission is no determination of the old till it be read or proclaimed at some Session or in a full County or at the Assizes Dal. 11. Lam. 69. The old commission determining by a new no process or suit hanging before the old commissioners is discontinued thereby Dal. 12. Cro 189. a. Lam. 69. Accession of a higher title taketh not ●way the authority of a Justice of Peace Dal. 9. Cro. 188. a. Lam. 70. A new commission to here and determine felonies determineth the old commission of the Peace but not concerning the Peace Lam. 72. Brook Commission 8. A Justice of Peace in making justification by virtue of his office needeth not to shew the commission of the Peace because the keeping thereof belongeth to the Custos Rotulorum Lam. 387 388. Cro. 120. b. nu 13. By 17 R. 2. c. 10. in every commission of the Peace two men of law amongst others are to be assigned viz. to proceed to the deliverance of felons Dal. 50. Two were joynt commissioners and it is presented that one onely sat and fined the Countrye and it was held void But if one sit and it is recorded that it is done before both it is good So of Justices of Peace Cro. 121. a. nu 19. 189 a. for averment shall not be taken against the act of the Justices or Commissioners Cro. 189. a. A Justice cannot be made by writ but by commission but may be discharged by writ which is in nature of a Supersedeas Brook Commis nu 18 If the Justices in Fire after Proclamation made do come into the Country and sit there by vertue of their authority then ceaseth the power of the Commissioners of Peace And so likewise if the Kings Bench should remove into the County Lam. 71. vide Cro. 188. b. 189. a. Brook Commiss nu 18. But Lambert maketh a Quaere for that Justices of Nisi prius do ordinarily bring a Commission of Oier and Determiner Lam. 71. and yet no determination of the Commission of Peace And Brook Commis 8. and Cro. 188. b. Vn novel Commission de oyer terminer felonies determine le ancient Com. del P. quant al Oyer c. felonies mes nemy quant al Peace Et issint vide Commis determine in part remain pur le remnant Commons Commons in Forests and elsewhere must be driven yearly within 15 daies after Michaelmas by the owner or officers on pain of 40 shillings a time 32 H. 8. c. 13. Lam. 483. Vide plus Horses If any Minister have refused to use the Common Prayer or to minister the Sacra●ents according to the Book of Common ●rayer in such order and form as is mention●d in the said Book or wilfully standing in ●he same have used any other form in open ●rayer or in administration of the Sacra●ents or spoken any thing in derogation of ●he said B. or any part thereof for the first ●ffence it is loss of his spirituall living for a ●ear and imprisonment for six moneths ●ithout bail for the second deprivation and ●mprisonment for a year for the third de●rivation and imprisonment all his life 1 El. ● 2. 23 El. c. 1. Lam 417. Any having in play song or rhyme or by my open word spoken in derogation of the ●ook of Common Prayer or any thing there●● contained or having caused or maintained ●ny Minister to say any other Common Pray●r or minister Sacraments in other manner ●r interrupting any Minister to say open ●rayer or administer the Sacraments accor●ing to the said Book he loseth 100 Marks ●r six moneths imprisonment without Bail ●or the first offence and for the second 400 Marks or twelve moneths imprisonment and ●or the third all his goods and imprison●ent for his life ibid. Concealment vide Jurors Confession After a free confession of an indictment and submission to fine in an action at the pa●ties suit for the same trespass he shall ●● plead Not guilty otherwise of a confessio● Jub modo as when he putteth himself ●● gratia Regis Lam. 530. Quaere whether if he once make a fine ●● shall not be estopped to plead Not guilty Al● whether the Justice of Peace may drive t●● party either to an absolute confession or ● his traverse ibid. The voluntary confession of an offender against the statute 1 Jac. c. 9. 4 Jac. c. 5. befor● a Justice of Peace is a conviction and afte● confession his oath is sufficient proof again●● any other offending at the same time 21 Jac c. 7. Dal. 26. Conjuration Conjuration of wicked spirits is felony 5 El. c. 16. Lam. 227. Vide plus Witchcraft 1 Jac. c. 12. Conservers of the Peace Coroners are Conservers of the Peace and may in some cases imprison Lam. 395. Constables are Conservers of the Peac● within their limits Dal. 2. Lam. 14. Constables Every Constable at the Common law before the statute 3 H. 7. c. 3. 1 2 P. M. c. 13. might bail one suspected of felony by obligation or take surety of the Peace by obligation or commit him to prison that made an affray till he found sureties Lam. 15. Constables or other Officers may lay no hands on two intending to fight till weapons drawn or offer of blow Lam. 132. Constable hurt in parting an affray may have an action against the affrayer so may any other officer but the affrayer can have none against them Lam. 132 133. Constable or Officer presented at the Sessions for not endeavouring to part an affray being present shall deeply be fined Lam. 133. Not so if he be told of it being absent Dal. 33. at quaere contra Cro. 146. b. Two fighting in a house the doors being shut the Officers may break open the doors to see the peace kept Lam. 133. Constable taking an affrayer must imprison him in the stocks not in his house and that till he may provide to carry him to the Goal Lam. ibid. or to a Justice of Peace Lam. 133. Dal. 33 35. Constable or Justice if need be may command aid of the Kings people for pacifying an affray Lam. 134. Constable or Officer may desend himself and apprehend and imp●ison the party that shall make an affray upon him Lam ibid. Dal. 35. Cro. 147. a. One Justice of Peace may command that two Constables be chosen in each Hundred Lam. 186. Vide plus Affray Arrest Rogues High-Constables at their petty Sessions for an affray made in disturbance of the Court may imprison the offenders Dal. 3. Cook 11 43 44. Chusing of High-Constables useth to be at the Quarter Sessions if out of Sessions by the major part of Justices of that division where they dwell and use to be sworn at the Sessons or by warrant from the Sessions Dal. 46 Vide plus Prison Conventicles Those are sometimes called Conventicles wherein many do impart with others the● meaning to kill a man or to take another part in all things Lam. 173.

is to certifie ●he 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 Star chamber Dal. 60. The offenders being gone the Justice may send his Warrant and commit them till they finde surety of their good behaviour Dal. 60. If force be made by three it is a riot Dal. 61. The proceedings upon a Writ upon the Statute of Northampton 2 Ed. 3. 3. 1. The Justice 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 three O-yes and then make proclamation for silence prout Dalton 61. Cro. 72. a. b. Lam 168. 2. Then may he read 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 silence prout Dal. 61. Cro. 72. a. Lam. 169. 4. Either enter and search for armour or enquire by Jury Dal. 62. Lam. 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 impr●soned The execution of the Statute of Northampton without Writ Every Justice of Peace may execute it ●● officio without Writ Dal. 62. Cro. 72. a. The difference in the manner of execution is that without Writ there needeth no proclamation nor certificate into the Chancery but the Justice may enter search commit th● offenders there found apprize the armour record all what he shall do and thereout sen● an estreat into the Exchequer Dal. 62. Cro ibid. Lam. 171. The Justice cannot make restitution to th● party outed but only remove the force ibid Lam. 172. Of causes to stay granting of restitution vide Dal. 218. Forfeitures of a Recognizance taken for the Peace Whatsoever is a breach of the Peace th● same is a forfeiture of the recognizance Dal 181. as 1. To threaten a man to his face to beat o● kill him Cro. 136. b. Lam. 115. but not if he b● absent Dal. 152. 2. To strike at or offer to strike at a man● though he hit him not 3. All Affraies malicious and violent striking or other mis-intreatings of the perso● of another Dal. 181. Lam. 127. 4. To go with company or weapons unusual Dal. ib●d Cro. 137. a. Lam. 126. 5. To command or procure another to break the peace and if it be done indeed Lam. 115. Dal. 182. Cro. 137. a. 6. Imprisoning or arresting another without warrant Lam. 127. Dal. 182. To thrust one into the water whereby he is in danger of drowning ibid. To ravish a woman against her will ibid. To commit burglary robbery murder manslaughter or do any treason against the person of the King Lam. 127. Dal. 182. To be riotously assembled The act that breedeth the forfeiture of a recognizance of the peace must be done unto the person of another Dal. 182. Vide plus Recognizance vide plus Breach of the Peace and Fines One committed for petty larceny and convicted thereof shall forfeit his goods Lam. 273. Dal. 234. Cro. 36. b. nu 20. Forfeitures upon statutes vide Several statutes Forgery Second forgery of deeds concerning anothers land after a former conviction is felony 5 Eliz. 14. but not enquirable by the Justices of Peace Dal. 288. Cro. 56. b. Lam. 549. Forein plea. One indited of petty treason murder or other felony pleadeth a forein Plea triable by Jury it shall be tried before the Justices before whom he was indicted and by the Jurours of the same County 22 H. 8. c. 14. 3● H. 8. c. 3. Lam. 552. Forrester Forrester Warrener or Parker after Ho● and Cry to yield killeth any man in his office making resistance it is justifiable 21 E. 1. d● male factoribus in Parcis Lam. 235. Dal. 255. Forestalling and Forestallers Forestaller is he that buyeth or contracteth for any victuals or wares before they come to the Market Fair or Port or moveth the party to inhaunce the price or not to bring them to the Market Fair or Port Lam. 450. Forestaller convicted before the Justices of Peace at the Quarter Sessions by examination of two witnesses or presentment for forestalling for the offence shall for the first time 1. Lose the goods and be imprisoned two moneths wiihout bail or mainprise 2. For the second lose double the goods and be imprisoned for six months 3. For the third lose all his goods stand in the pillory and be imprisoned during the Kings pleasure 5 E. 6. c. 14. Lam. 570. The moity of the forfeiture upon the Statute of forestallers due unto the party is to be levied by Fieri facias or Capias to be awarded by the Justices of Peace Lam. 584. Fowlers and Fowling Shooter taker or destroyer by guns bows setting-dogs nets or other engines of any Phesant Partridge Pigeon Heron Mallard Duck Teal Wigeon Growse Heathcock Moore game or such fowls upon conviction by confession or oath of two witnesses before two Justices of Peace where the offence or apprehension is to be imprisoned three moneths without bail unless he pay to the Church-wardens of one of the places to the use of the poor 20 shill for every Phesant also for every egge of Phesant Partridge or Swan taken or destroyed or after one month of his commitment become bound with two sureties in recognizance of twenty pound never to do the like the same recognizance to be returned to the Quarter Sessions 1 Jac. c. 27. Lam. 334. Dal. 89. 7 Jac. c. 11. Vide Partridges and Phesants Games vide Unlawful games Goal Goaler Goaler or Sheriff may make a goal of his own house so cannot a Constable nor Justice of Peace Lam. 133. Dal. 347 348. Goaler suffers a felon to go at large and he escapes it is felony in the Goaler not in the prisoner Lam. 229. Dal. 274. P. R. 147. 149. Dal. 278. Goaler by hard and cruel custody compels his prisoner to become an approver it is felony 14 E. 3. c. 10. Lam. 231 420. Crom. 49. a. Dal. 288. as Goaler killeth an unruly prisoner which doth assault him it is no felony Lam. 235. Goaler by hard usage killeth his prisoner it is murder Lam. 240. Goaler that taketh above four pence upon commitment of any prisoner arrested or attached forfeiteth to the party grieved treble damages and 40 li. the one moity to the King the other to the party that will sue for it 23 H. 6. c. 10. Lam. 431. Goaler or Sheriff refusing to take a felon delivered by Constables or Township or taking any thing for receiving is to be fined 4 E. 3. c. 10 Lam. 434. Six Justices may in sundry shires take order for the common goal wheerof the Sheriffs shall have the custody to which murderers and felons c. shall be sent and may perform many incidents thereto by the statute 23 H. 8. c. 2. 13

27. in Fowlers Harness and Habiliments of war To imbezil habiliments of war or victuals provided for souldiers mariners or gunners is felony 3 El. c. 4. Hart proclaimed vide Deer Harvest Artificers and other persons meet to labour are compelled by one Just of P. or Constable and the refuser to labour in hay-time or harvest is to be put in the Stocks two daies and one night Lam. 475. the Constable or other head-officer to do it upon pain of forty shill 5 Eliz. cap. 4. Hawks and Hawking Unlawful taker of Hawks eggs is to have three months imprisonment there to remain till he find sureties for the good behaviour for seven years 5 El. c. 21. Lamb. 446. vide 3 Jac. ● cap. 13. Taking of Hawks eggs upon ones own grounds or anothers or any Eires or driving them out of their covert or bearing any Hawk of the breed of Eng. called a Nyesle Goshawk Tassel Lanner Lanneret to be imprisoned a year and a day and to lose 10 pounds the Hawk 11 H. 7. c. 17. Lam. 446. Every Justice of Peace may examine the offences for hawking or hunting with Spaniels in eared or codden corn and bind over the offender with sureties to the next Sessions 23 El. c. 10. Dal. 66. Lam. 447. Against hawking at phesant or partridge between the first of July and last of August vide 7 Jac. c. 11. and Partridges Vide plus Larceny and Felonys Hay and Oats Inholder taking any thing for litter baking horse-bread except in Town or Village being a thorow-fare being no City 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 kind of victuals both for man and beast for reasonable gain for the offence 1. Fined 2. Imprisoned for a month without bail 3. Stand on the Pillory without redemption of mony 4. Fore-judged for keeping Inne again 21 Jac. c. 11. Hedge-breakers Breakers and cutters of hedges pales rails or fences cutters and carrier away of corn growing robbers of orchards or gardens pullers up of fruit-trees with intent to carry away cutters or spoilers of woods poles or standing trees convicted before a Justice of that County where the offence shall be done by confession or one witness upon oath are to render such damage as the Justice 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 El. c. 7. Lam. 302. Dal. 143. No Justice to proceed against such trespasses for offences done to himselfe without assistance of another Justice ibid. The second offence is whipping 43 El. c. 7. High-waies One Justice may cause high-waies to Markets to be enlarged cleansed of bushes and trees 13 E. I. c. 5. Dal. 67. Every Justice may present upon his own knowledge in open general Sessions any high-waies insufficiently repaired or any default against the statute 2 3 Ph. Mar. c. 8. 5 El. c. 13. and such presentment is as good as the presentment of twelve men and thereupon the Sessions may assess the same though the presented be absent saving to the offender his traverse Dal. 67 Cro. 125. b. 195. a. nu 5. The defaults contrary to these Statutes 1. If the Constables and Church-wardens do not on Tuesday or Wednesday in Easter week call together a number of Parishioners and chuse surveyours for high-waies 2. If six daies be not by them then appointed for mending high-wales before Midsummer 3. If notice be not given by them openly in the Church the Sunday after Easter of the said six daies 4. If he that hath a plow land in tillage or pasture or draught do not for every draught or plow-land send one cart with two able men to work eight hours of every of the said six daies 20 shill And every other Parishioner having 5 li. in goods 40 s. in lands in the subsidy must find every day two able men or lose 10 shill and every cottage one or lose 12 pence a day But 18. El. 9. he that occupeith a Plow-land in several Parishes only where he dwelleth and he which hath plow-land in several Parishes shall be charged in each town Dal. 68. Cro. 82. b. 5. If the carriages be not thought needful by the surveyors then two able men for every ●art spared upon pain to forfeit for every one not sent 12 pence 2 3 P. M. cap. 8 Cro. 82. b. 6. If fences hedges and ditches next adjoining to the high-waies be not kept low scowred and repaired 7. If all trees and bushes growing in the high waies be not cut down by the owner of the land upon pain of 10 shill for every default 5 El. c. 13. 18 El. c. 9. 8. If any chosen to be surveyors refuse the office or do not execute it penalty 20 shil 2 3 P. M. c. 8. 6. If the surveyor do not within one month next after the offence committed present it to the next Justice he forfeiteth 40 shil 5 El. c. 13. 29 El. c. 5 10. If the Bailiff or Constable who receiveth the estreats do not levy the same or make not a true account and paiment of all sums levied to the Constable and Church-wardens or the Constables and Church-wardens have not imploied them upon the high-waies If the surveyors do certifie the next Just within a month the Justice ought to certifie the presentment at the next Sessions penalty five pounds If the surveyors present not till after the month and the Justices do certifie it at the next Sessions it is not good against the offenders Dal. 70. Two Justices one being of the Quorum may call those to whom the estreats are delivered to their account betwixt the first of March and last of April and compel them to pay all such arrerages as they shall adjudge to the Constables and Church-wardens or imprison them till payment of such arrerages be made and call the Surveyors and Constables and Church-wardens to an account All fines at the Sessions for high-waies shall be levied by estreats indented sealed and signed by the Clark of the Peace and delivered by him within six weeks after Michaelmas Dalion 71. as by statute is appointed vide Statute The Bishop Chancellor and three Justices of Peace may examine the bestowing of any mony appointed by any stat for the amending high-waies or Bridges and call to account the detainer thereof 14 El. c. 5. 39 El. c. 18. Lam. 366. Upon endictment for repair of bridges in high-waies there shall be like process as the Kings Bench useth or such as the Justices of Peace think meet 22 H. 8. c. 5. Lam. 523. High-waies leading from one Market Town to another shall neither have dike underwood or bush whereby a man may lurk to do hurt within two hundred foot of one side or other if default be in the Lord and any

or market-town or hath curried any leather not well tanned or not throughly dried after his wet season or hath used in such wet season any deceitful means to corrupt the same or hath curried any outward sole-leather with any other stuff then hard tallow or less of that then the leather will receive or inner loose-leather or upper leather but with good stuff being fresh and not salt or hath not liquored them thoroughly or hath scalded or shaven too thin or gasht in shaving or otherwise or not wrought sufficiently any leather loseth six shillings eight pence and the value of every skin marred except gashing in shaving and for such gashing double as much as the leather is impaired 1 Iac. cap. 22. Lam. 465. Currier that during the time that he useth ●urrying useth the fear of a tanner cord wainer shoemaker butcher or other artificer using cutting of leather loseth 6 shillings 8 pence each hide ibid. Currier refusing to curry within 8 daies in summer and 16 daies in winter perfectly any leather brought by any outter of leather or his servant bringing with him good stuff for perfect liquoring of the same loseth 10 shillings for every hide Shoemaker that maketh any Boots Shoes Buskins Startups Slippers or Pantofles or any part of them of English leather wet curried other then Deer Calves or Goats-skins dressed like Spanish leather but of leather well tanned and curried or well tanned onely and well sewed with thred well twisted waxed and rosined with the stitches hard drawn with hand leathers without mixing neat and calves leather in the over-leather thereof or hath put into any shoes books c. any leather made of sheep-skins bull-hide horse-hide or into the upper-leather of any shoes slippers or pantofies or into the neather part of boots the inner part of the shoes onely excepted any part of the womb shank neck flank pole or cheek of any hide or into the outer sole other then the best of the oxe or steer hide or into the inner sole other then the necks womb pole or cheek or in treswels of the double-soled shooes other then the flanks of any the said hides or hath put to fale any year between the last of September and the twentieth o● April any shoes boots c. meet for any person above four years old wherein hath been any dry English leather other the● calves or goats-skins dressed like spanish leather or hath shewed for sale any of his ware upon Sunday loseth 3 shill 4 pence for every pair and the just value 1 Iac. cap. 22. Lam 465 466. Every Lord of fair or market that doth not appoint and swear yearly two or thre● honest and skilful men to be searche●● and sealers of leather there and si● honest and expert men to try the sam● leather loseth 40 pound Lam. 466. Suc● triers as do not their duties therein with out delay lose 5 pound for default Lam 467. Searcher or sealer so appointed refusin● with speed to seal good leather or allowin● insufficient leather loseth 40 shill or receiving any bribe or exacting any undue fee fo● execution of his office loseth for every offenc● 20 pound or refusing to execute the said office being duly elected loseth 10 pound Lam 467. He that will not suffer a searcher to ente● 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 ●anned leather red and unwrought without ●egistring the same and the price thereof loseth the value of the leather Lam. 467. 1. Jac. cap. 22. Leets Steward of a leet cannot grant surety of the Peace unless it be by prescription but he may commit him to ward that shall make an affray in his presence whilest he is in execution of his office or bind him to the peace or to his good behaviour Lam. 14. He may also take presentment of an offence against the peace ibid. In every leet or market there ought to be a pillory and tumbrel and for want thereof the Lord of the leet or market shall make a fine to the King Dal. 151. Cro. 149. Lent vide Fish-daies Liberties and Franchises Liberties and Franchises be such which have return of Writs and not such as are Counties of themselves as London York Norwich c. not towns which have by grant of the Kings Justices of Peace so that no other Justice do intermeddle Cro. 8. a. nu 30. Dal. 23. 2 3 P. M. c. 18. Justice of Peace may execute his authority within any liberties not being a County within it selfe and it is good but the liberty may have their remedy against him Lam. 47 48. Dal. 23. Cro. 8. a. nu 30. 181. b. 189. ● Libellers A man finding a Libel against a private man must presently burn it or deliver it ●● some Magistrate Dal. 195. If against a Magistrate or publick person to deliver it to some Magistrate that by examination the author may be found out Dal. ibid. Libellers it seemeth may be bound to their good behaviour as disturbers of the peace whether they be contrivers procurers or publishers of the libels for such libelling and defamation tendeth to the raising of quarrels and effusion of bloud and special occasions to the breach of the peace Dal. 194. Libelling is by scandalous writings by book ballad epigram or rhime 2. by scandalous words as scoffs jests taunts or songs 3. by hanging up of pictures or signs of reproach neer the place where the party traduced doth converse most as gallows Cucking stool pillory horns or such like Dal. 194 Cook 5. fol. 125. Licenses Two Justices of the Peace may licence poor diseased persons to travel to the Baths for remedy of their grief so as they be provided of relief for their travel and beg not 39 El. c. 4. Dal. 101. Lam. 332. 1 Iac. c. 25. Justice of Peace dwelling neer where any person having suffered ship wrack shall land may and ought to make a testimonial under his hand to such persons of the landing c. and thereby to licence them to pass the next direct way to their place of birth or dwelling and limit them a convenient time for their passage Dal. 100 127. Lam. 303. 39 El. c. 4. 39. El. c. 17. 1 Iac. c. 25. No Justice or Justices of Peace as it seem●th can in any case licence any poor man to wander beg at all Dal. 101 127. Lam. 303. ●9 El. c. 4. 17. Convicted for abusing of a licence of transportation of victual shall be committed for a year without bail or mainprise Lam. 349. 1 2 P. M. c. 5. Licences for badgers drovers c. are to be granted in open Quarter Sessions by three Justices of Peace whereof one of the Quorum and shall not endure above a year unless the same be yearly renewed 5 6 Ed. ● 14. 5 El. c. 12. Lam. 610. Vide Badgers Linnen cloth He that causeth to be used any racking beating or casting any deceitful

liquor or other means on any kind of linen cloth whereby it becometh deceitful or the worse for use forseiteth such cloth is to have imprisonment for a month at the least and to be fined according to the Justices discretion 1 Eliz. 12. Cro. 90. a. Lying in a way vide Way-lying Log-wood alias Block-wood Suspected to have offended against the statute for Log-wood upon information to a Justice of Peace the suspect or his servant or work-man 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-delivery or Quarter Sessions and there be judged to forfeit twenty pounds and Pillory one or more market-daies or upon refusal to be bound to be committed to the Goal till he will be bound 39 El. c. 11. Lam. 613. Dal. 48. Any two Justices of the Peace where any Log-wood shall be found in whose hands soever it shall be may cause the same to be burned 23 El. c. 9. Dal. 48. Cro. 198. b. Long bows Any above the age of 24 years shooting at standing pricks under eleven-score yards with any prick shaft or flight loseth six shillings eight pence 33 H. 8. c. 9. Lam. 481. Masons THe causing of masons to congregate themselves in chapters is felony Lam. 227. 3 H. 6. c. 1. Mainprise vide Bailment Maintainers and Embracers Maintainers and embracers of a Jury enquiring of a riot forfeit twenty pounds and to be committed to prison and to remain according to the discretion of the Justices 19. H. 7. c. 13. The Justices which shall sit upon the inquisition of riots with the Sheriff or Under-sheriff ought to certifie the names of the maintainers and embracers of a Jury 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 H. 7. c. 13. Cro. 199. Maintainers of quarrels and embracers of Jurors are to be imprisoned and bound to the good abearing 33 H. 8. c. 10. 37 H. 8. c. 7. Lam. 440. Maintenance is where any man giveth or delivereth to another that is plaintiff or defendant in any action any thing to maintain his plea or else maketh extreme labour for him where he hath nothing to do therewith Terms of the Law Embracer is he that when a matter is in trial between party and party cometh to the barre with one of the parties having received some reward so to do and speaketh in the case privily laboureth the Jury 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 less able to fight as if a bone be taken out of the head or a bone broken in any part of the body or foot or hand or finger 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 any eie be put out or the fore-teeth broken or beat out or any other thing be hurt in a mans body by means whereof he is made the less fit to defend himselfe or offend his enemy he and his accessaries shall be grievously fined Lam. 429. Terms of Law Justices of Peace cannot upon an endictment of maim make the trial by their own view and inspection as the Justices of the Kings Bench may do Lam. 532. If Justices 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 Terms of Law Indictment of maim Must be felonicè m●kemavit Cro. 101. a. nu 3. Malt. If any Bailiff or Constable of any borough of other town shall finde any malt made contrary to the Statute 2 3 E. 6. 16. 27 Eliz. 14. then with the advice of any Justice 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. 86. 21. Jac. c. 28. Any two Justices of 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 committ him to prison without bail or mainprise for three daies until he become bound in forty pound to perform such restraint 39 El. cap. 16. Lam. 332 202. Dal. ●6 The Justices of Peace or the greater part of ●hem may in open Quarter Sessions restrain ●he converting of barly into malt 39 El. c. ●6 Lam. 613. Dal. 86. Malt must be three weeks in the fat on the ●oor steeping and drying except in June ●uly August and then 17 daies or lose 20 ●ence for every quarter Lam. 451. Dal. ●7 No insufficient malt mingled with good ●alt must be put to sale 2 3 E. 6. c. 16. ●7 El. c. 4. Lam. 452. Dal. 87. No malt shall be put to sale that is insufficintly trodden and out of which for every ●arter hath not been fanned one peek of ●●st ibid. Manslaughter vide Homicide Mariner Mariner coming from beyond the seas or ●ea-faring man having suffered shipwrack ●d in want may be licensed by the next Ju●ce of Peace to his landing to ask relief ● his journey home-wards 39 Eliz. 4. Lam. ● 3. Dal. 127. 1 Jac. c. 28. No fisher-man to be taken for a mariner by ● Kings commission unless chosen by the ●o next Justices to the place where he is to taken 5 El. 5. Lam. 359. Dal. 87. ●ariner departing from his Captain with●t licence or wandring idly without or ●●h a forged licence knowing thereof is a ●on 39. El. 17. Lam. 227. Any poor 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 El c. 17. Lam. 359. Dal. 138. Mariner forging a Testimonial or carrying the same knowing it to be forged it is felony Lam. 228. Dal. 289. 39 El. c. 4. c. 1● 1 Jac. c. 7. Mariner landing and not having a Testimonial under the hand of some Justice of Peace neer the place of his landing setting down 1. the time and place of his landing 2. the place to which he should pass 3. and the time for his travel 4. or exceeding that time 14 daies it is felony 39 El. c. 17. Dal 289. Lam. 303. But if he have such a Testimonial and pursue the same he may ask and take such necessary relief as shall be given him

where such riot or rout shall be to do ex●●ution of the Statute under pain of 100 li. ● any other Justice that be not next unto ●e place shall execute the Statute it will ex●use the next because all have power alike ●y the first part of the Stat. Lam. 326 327. Dal. 111. P. R. 30. Night-walkers vide Watches Noble Personages A Noblemans promise to keep the Peace hath been held sufficient Dal 165. Lam. 81 82. A Justice of Peace may not grant warrant of the Peace against a Lord of the Parliament Dal. 165. Nor against a Dutchess Countess or Baroness for they are Peers of the Realm and shall be tried by their Peers and have the same priviledges that Dukes Earls and Barons have Dal. 166. Dutchess Countess or any Noble by birth marrieth with a Gentleman she loseth not her name of dignity but if she be made noble onely by marriage and her husband dying marry a Gentleman she loseth herdignity C●o. 110. a. Dal. 166. Vide Clergy that a Nobleman may have his Clergy for any felony except wilfull murder and poisoning None are noble under the degree of a Baron Lam. 539. Non sanae memoriae There be three sorts of persons Non sanae memoriae or non compotes mentis Dal. 248. 1. A natural fool who is so from his bir●h 2. He that was once of sound memory and after by sickness hurt or other accident or visitation of God loseth it 3. A lunatick qui gaudet lucidis intervallis and sometimes is of good understanding and sometimes is not compos mentis Nusance Every man may in a peaceable manner assemble a meet company to do any lawful thing or to remove or cast down any common Nusance Dal. 224. Cro. 66. a nu 64. One is indicted of Nusance and acknowledgeth it infinite distress shall go to the Sheriff to remove it and he shall not be received to his fine till the Sheriff return that it is removed Cro. 186. a. Obedience to the King IF any practice to absolve perswade or withdraw any from their natural obedience to the King or for that intent from the religion now established here to the Romish religion or to move them to promise obedience to the S●e of Rome or other estate or if any have been willingly so absolved or have promised such obedience it is treason 23 El. c. 1. Lam. 412. Cro. 18. a. Colore Officii When officers take any thing Colore officii ● is taken in malam partem and is extortion ●nd the office is but a veil to cover the fault ●ut when it is ratione or virtute officii then it ●● in bonam partem Cro. 57. b. nu 2. Ordinary His Fees v●de Fees The Ordinary oweth not his attendance at ●he Sessions of the Peace as he doth at the goal-delivery Lam. 395 396. The Court may allow Clergy in strictness of Law though the Ordinary or his deputy be not there Cro. 118. b. nu 44. Stam. 13. a. A felon adjuged to be hanged in failing to read may in favour of life have the benefit of Clergy at the Gallows By which it appeareth that the Ordinaries presence is not of necessity But this is intended where the felon is adjudged in the Kings Bench not at the Assizes for their commission endeth with their Sessions but before Justices of Peace it seemeth he may have his Clergy at the Gallows for their Commission continueth and may allow Clergy without an Ordinary Cro 116. a. nu 54 56. Stam. 132. b. yea o●e reprieved may pray his Clergy at the next Assizes Cro. ibid. nu 59. The Judges are Judges of the Clerks reading and not the Ordinary For if the Ordinary say that he readeth and cannot he shall be hanged and the Ordinary fined Cro. 119. a. nu 49. Vide plus Clergy ●xtortion Oath You shall swear that the surety of the Peace which you require against A. B. is not of any malicious intent for vexation but for very fear and for the needful preservation of your body and goods in safety so help you God Lam. 83. Oath of the Justices of P. vide Dal. 13. Oath of Supremacy Dal. 14. Oath of Constables and Churchwardens is to be enlarged vide Tiplers Oath of Allegeance Dal. 15. 3. Jac. cap. 4. 7 Jac. c. 6. The Custos Rotulorum or any two Justices of of Peace one being of the Quorum may take the oaths of Under-sheriffs of their County their Bailiffs Deput●es Clarks or under officers before they shall exercise their said offices Dal. 138. See 27 El. c. 12. the form of the Oath Quaere if Justices of the Peace may examine upon oath sureties of their sufficiency Dal. 171. Justices of Peace in their Sessions may do it Cro. 194. a. Br. imprisonment 18. Default of Under-sheriffs their Clarks Bailiffs c. in not taking the●r oaths for execution of their office is to be heard and determined at the Quarter-Sessions 27 Eliz. c. 12. Lam. 6 15. Under-sheriffs Bailiffs c. doing any thing contrary to their oaths lose to the party grieved treble damages 27 El. c. 12. Lam. 433. Where the refuser of the oath of Allegeance shall incurre a Praemunire vide Piaemunire Refuser of the oath of Allegeance is disabled to execute any place of jud●cature or office being no office of inheritance or ministerial function or practice of the Law Civil or ●ommon or the science of Physick Surgery ●r the art of Apothecary or any liberal ●ience 7 Iac. c. 6. One Justice of Peace to whom complaint is ●ade may commit to the gaol without bail ●ll the next Assizes gaol-delivery or Quessions any above the age of 18 years under Baron or Baroness which stand presented ●dicted or convicted for not coming to ●hurch or not receiving the Communion ●r which by the Minister pety-Constable and ●hurch-warden or any two of them shall be ●mplained of to any Justice of the Peace and ●y him suspected may by such Justice be required to take the oath of allegeance and may be committed without bail till the next Assizes for refusing the oath of allegeance Iac. c. 6. Lam. 199. Dal. 82. 107. Two Justices of the Peace one being of the Quorum may require any person of the age of ●8 or above under the degree of a Baron or ●aroness to take the oath of allegeance and ●n refusal to commit him to the gaol without ●ail till the next Assizes or Quarter Sessions Iac. c. 6. Lam. 363. Where the examination of a Justice of P. is ●he conviction of the party there it ought to ●e upon oath but whe●e it is but to inform ●he Jury upon the indictment it needeth not ●am 536. Dal. 159. Though the statute doth ●ot expresly say it shall be upon oath Dal. ●●id In cases of felony it seemeth convenient ●●at the information be upon oath otherwise ●●e examination shall not be given in evi●ence For If the examinate die before the trial the examination may be evidence without oath many will

speak coldly It is the practice of the Courts in Westminster Dal. 307 308. Cro. 194. a. nu 5. Lam. 213 214 215. Br. Examination 32. The resusing the oath of allegeance required by two Justices of the Peace and the taking of the same and oath of supremacy by a conformed Recusant returning into England are to be certified at the next Qu. Sessions 7 Iac. c. 6. Lam. 362 363 616. The oath of allegeance being required ● the Q. Sessions of such as formerly refused th● same and being there tendred and refused the refusers other then Noblemen and women incur Praemunire except women covert wh● are to be sent to the gaol without bail Lam ibid. Orchards and Gardens vide Hedge-breakers Overseers of the Poor Overseers for the poor for every parish are to be nominated yearly in Faster week o● within a month after by two Just of P. on● being of the Quorum under their hands an● seals dwelling in or neer the Parish 43 El. c. 2. Lam. 360. Dal. 91. Overseers and Church-wardens with two such Justices may set to work children of such as are not able to keep them and a●● married and unmarried which have no● means to maintain them and may raise● weekly stock or otherwise by taxation of every inhabitant and dispose thereof ibid. Overseers and Church-wardens not letted by sickness or other just excuse allowed by two such Justices shall meet monthly in the Church upon Sunday after Evening Prayer to consult about ordering of the poor or forfeit 20 shillings a piece 43 El. cap. 2. Any finding himselfe grieved with the taxation made by the Overseers c. or by the Justices may have remedy at the Quarter Sessions 43. El. c. 2. In disability of the parish the two Justices may tax any other parish within the Hundred If the Hundred be not sufficient the greater part of the Justices of Peace in other Sessions may rate other parishes 43 Eliz. cap. 2. Overseers and Churchwardens either present or subsequent may by warrant of two such Justices levy all sums and arrearages of any refuser by distress and sale of his goods In default of distress two such Justices may commit him without bail till paiment made 42. El. c. 2. Overseers may be committed till they do account 43 El. c. 2. All to whom the overseers by 43 El. 2. may ●ind apprentices may take and keep them as ●pprentices and the overseers may with the ●ssent of two Justices of Peace one being of ●he Quorum in their respective limits where ●here be more then one or by assent of one Justice of Peace where there be no more ●et up use and occupy any trade mystery or ●ccupation onely for setting poor of the parish on work wherein they are overseers 3 Car. c. 4. Vide Poor Pannel Vide Jurors Pardon AT the Common Law before the statute of 13 R. 2. stat 2. c. 1. a pardon of all selonies was good for murders and so for pety treasons Lam. 561. Pardon of all felonies is not good for murder or pety treason except the pardon be with a non obstánte or that murder be therein expresly mentioned Dal. 246. Cro. 21. b. nu 7. But it is good for accessaries both before and after A pardon of all felonies will not discharge a man that is attainted of felony except the execution and attainder be pardoned Cro. 115. a. nu 1. Lam. 562. Dal. 245. Breaker of the peace after the pardon forfeiteth the pardon and may be hanged notwithstanding his pardon Cro. 115. b. nu 16. Dal. 247 The King only can pardon treason murder or other felony or any accessary thereto Dal. 247. General pardon is that which is given by act of Parliament to all men of which the Court ought of duty to give allowance though the party will not plead it nor accept the benefit thereof Lam. 559. 560. Cro. 115. b. nu 13. Pardon of abjuration is not good without special words of abjuration Lamb. 562. Quaere if a general pardon for pety trea●on availe him that is indicted of murder ●ithout the word proditoriè Lam. 560. A general pardon coming betwixt the ●roke and the death of all misdemeanors ●ill avail for the death Lam. 560. Quaere if a pardon of all offences except persons outlawed of murder will avail one that hath committed manslaughter and yet ●●dicted and outlawed of murder and after ●e pardon reverseth the outlawry Lam. 60. Cro. 116. b. nu 17. Pardon of attainder and execution for fe●ony is not good for felony without words to ● pardon the felony it self Lam. 562. Pardon of a Goaler for escapes of felony ●nd traitors is not good for voluntary ●scapes Lam. 562. Pardon of two for all felonies done by ●hem or either of them will not serve for of●ences done by one of them alone Lam. 562. Pardon must agree with the indictment in name and addition of the party and nature of the offence for a pardon of all felonies is not good for pety treason murder nor for one attainted of felony Lam. 561. A special pardon ought to be pleaded under the great Seal and a writ of allowance brought with it testifying he hath found surety for the good behaviour unless there be a dispensation by non obstante Lam. 561. Prisoner pleadeth a pardon Justice of Peace in absence of the Kings attorney may joyn issue that he is one of the persons excepted Lam. 540. Stam. 103. He that killeth another se defendendo needs not sue to the King for a pardon Stam. 15. ● Lam. 253. He that killeth one by misadventure shall have a pardon of course without suit S●●● 16. Stat. of Glo. c. 9. in both cases the goo●● are forfeited The manner of suing a pardon of course i● If they desire to purchase their pardon they must upon their trial plead not guilty and then the special matter being found by verdict they shall be bailed then they mu●● sue forth a Certiorari to certifie the record ●● the Lord Chancellour who shall make the● a pardon of course under the great seal without suing to the King Stam. 15. Dal. 250. Park and Parker Hunters or killers of any Deer or Conies ●● the night or day-time in any park or warren or in any other inclosed grounds and being thereof lawfully convicted every such offender shall suffer three months imprisonment and find sufficient surety for the go●d behaviour for the space of seven years or els● continue in prison till he find such sureties for the space of seven years and pay trebble damages or if it be for deer 10 li. to the party grieved at his election 5 El. c. 21. 7 Jac. c. 13. Dal. 326. Vide Hunting Parson and Vicar vide Ecclesiastical causes Every Justice of P. may examine offences a●●inst the Statute of ●3 Eliz. cap. 10. for ta●●ng of partridges and phesants in the night and binde the offenders by recognizance with good surety to appear at the next Quarter Sessions c. And after

conviction and punishment take bond with sureties ●hat for two years after they shall not offend against the said Statute Dal. 87. Lam. 200. ●23 El. cap. 10. By 1 Iac. cap. 27. 1. He that shall shoot at ●ill or destroy with any gun cross-bow ●one-bow or long-bow any partridge phe●nt house-dove pigeon heron mallard ●uck teal wigeon growse heath-cock ●ore-game or any such fowl or hare 2. Or ●hall take kill or destroy any partridge phe●nt house dove or pigeon with setting-●ogges and nets or with any manner of nets ●ares engines or instruments 3. Or shall ●ake or willingly destroy the eggs of any ●hesant partridge or swan 4. Or shall ●race or course any hare in the snow or shall ●ake or destroy any hare with cords or such ●nstruments 5. Or shall keep any grey●ound for deer or hare or setting dogges or ●e●s to take Phesants or partridges not ha●ing lands of inheritance of 10 pound or 30 ●ound per annum for life or in goods 200 ●ound or be the son of a Knight or son ●nd heir apparent of an Esquire any of the ●●id offences being proved by the parties con●ession or oath of two witnesses before any ●wo Justices of Peace of the County where ●he offence shall be committed or the party apprehended shall be imprisonmed for three moneths without bail unless he forth with upon his conviction pay to the use of th● poor there 20 shill for every hare fowl a●● egge and 40 shill for having every such greyhound setting-dogge or nets or after thr●● months imprisonment be bound with ●● sureties not to offend in any the said partic●lars which recognizances taken by two Justices of the Peace must be returned at the Quarter Sessions 1 Iac. c. 27. Dal. 89. Lam. 33● By 7 Iac. c. 11. proof of one witness is suff●cient for the taking of partridges and phesan● with setting-dogges and nets or other ne●● snares or engines c. the punishment as ● Iac 27. Lam. 334. Killer of partridges or phesants with haw●● or dogs by colour of hawking between th● first of July and the last of August upon conviction within six months after the offenc● by the confession of the party or oath of two witnesses before two Justices of Peace is to be imprisoned one month without bail unle●● he pay presently to the Church-wardens an● Overseers of the poor where he offended o● was taken 40 shill for hawking and twenty shill for every partridge or phesant taken 7 Iac cap. 11. Lamb. 335. Dal. 88. Taking of phesants or partridges upon another mans ground by ne●s or otherwise except unwillingly by low-bel or trammel and there to let them go again loseth 20 shill ● phesant and 10 shill a partridge 11 H. 7. c. 17. 23 El. c. 10. Lam. 447. Hawking in corn before it be cropped without consent of the owner loseth 40 shill ibid. Taker killer or destroyer by guns bows ●etting-dogs nets or other engines of any ●artridge or phesant except the owner of a Warren Lord of a Mannor or having lands of ●●heritance in his own or his wives right of ●he clear yearly value of forty pound or for ●●fe of eighty pound or goods worth 400 ●ound and their houshold-servants authori●ed by them within their own grounds in the ●ay-time onely betwixt Michaelmas and ●hristmas upon conviction within six weeks ●fter the offence committed by confession or ●ath of two witnesses before two Justices of ●eace next the place of offence or apprehen●●on to be imprisoned three months without ●●il unless he pay immediately unto the ●hurchwardens and Overseers of the poor ● one of the said places 20 shillings and be ●and to the King by recognizance in twenty ●ound never to offend again the same to be ●●rtified at the next general Quarter Sessions ● Jac. c. 11. Buyer or seller of hare deer partridge or ●●esant except partridges or phesants bred ●o or brought up from beyond the seas ●●seth for every deer 40 shill phesant 20 shill ●●e or partridge 10 shill one moiety to the ●ormer the other to the poor of the parish ● Jac. ● 27. Constable by warrant from two Justices of ●e Peace may search the house● of any not ●owed suspected to have any setting dogs ●nets for partridges and finding them may ●●ke carry away detain kill or cut in pi●ces ●y of them 7 Jac. c. 11. Offences against the statute of 1 Jac. c. 27. punished by it are not to be punished by any former and are to be heard and determined 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. Who may take partridges and phesan●● in their own ground and when Vide 7 Jac. cap. 11. Peace Every private person that shall be present a● any affray assault or battery ought to pa● them that fight and if he take hurt he sh●● have his action but if they resist him ●● may not hurt them Lam. 131. Dal. 33. Every man may stay the affrayers till the● heat be cooled and then they may deliv●● them to the Constable to imprison them ●● they find sureties of the Peace but they ●● not imprison them unless the one of them ● in peril of death by some hurt for then a● man may carry the other to the Goal till ● be known whether the other will live or di● Lam. 131. Dal. 33. Br. Cro. 225. He which hath mortally hurt another flie● into anothers house any man that pursue● him with hue and cry and break open t● house enter and take him Dalt saith t● Constable may Lam. 131 132. Dal. 34. If an affray forcible entry or a● thing in disturbance of the peace be do● in the presence of a Justice of Peace ● may record it and certifie the same a● commit the parties presently Dal. 89. V Affray If the Justice of Peace certifie into t● Kings Bench that I. S. hath broken the peace upon that Certificate I. S. shall be there fined without allowing him any traverse Dal. 89. Peers vide Noble personages Pedlers vide Rogues Perjury Procuring any unlawfully to commit wil●l perjury in any case depending in Court ●f Record Leet Court-Baron Hundred-●ourt or ancient demesn or hath corruptly ●borned any witness sworn to testifie in per●tuam rei memoriam or if any have upon such ●●ocurement or by his own act wilfully com●itted such perjury the procurer shall for●it 40 li. and if not worth so much half a ●ars imprisonment without bail stand upon ●e pillory for one hour and be disabled for witness for ever after 5 El. c. 9. 14 El. ● p. 11. The perjured 20 li. and six months impri●nment and ever disabled for a witness and not worth 20 li. to have his ears nailed to ●e pillory 5 El. c. 9. 14 El. c. 11. 1 ac 25. Lam. 416. Cr● 18. a. b. This offence be heard and determined in the Quarter ●●ssions Lam. 609. ●xecution of the forfeiture

c. 1. Presentment at the Quarter Sessions for ex●olling the power of the Pope of Rome must ●e certified by the Justices of Peace before whom it was taken into the Kings Bench ●ithin 40 daies after if the term open if ●ot then the first day of the next term or e●ery Justice lose 100 pound 5 El. c. 1. Popish books Printer buyer seller or bringer from be●ond the sea of any Popish primer Lady-●alters c. in any language or other super●●itious books in English loseth 40 shill a ●ook whereof one part to the King another ●o the informer a third to the poor of the pa●ish where the book shall be found 3 Ia. c. 5. Two Justices of the Peace may search the ●ouse or lodging of a popish Recusant or ●hose wife is such for popish books and re●ques and finding any unmeet for them to ●se must deface and burn them or being of ●alue deface them and restore them to the ●wner 3 Iac. c. 5. Poor people Traveller with wife and children not being ●rogne dieth or runneth away the Town ●here that happeneth is not bound to keep ●hem where they die nor send them away ●ut only in char●ty except they become ●andring rogues Lam. 208. Resol 7. Parents able to work are to finde their chil●●en by their labour and not the Parish Re●●l 8. None is to be removed out of the Town where he dwelleth or sent to the place of birth or last habitation but a vagrant nor found by the Town except he be impotent Resol 9. Persons destitute of houses by expiration of term or servants out of service must provide houses for themselves and services Resol 9. Dal. 99. Able bodies yet idle refusing to work and no wanderers are not to be sent to the place of birth or last habitation but to the house of correction Resol 10. by such Justice of Peace as may appoint overseers for the poor 43 El. c. 2. Lam. 209 295. Dal. 99. Able bodies yet idle and refusing to work having any lawful means to live by are not to be sent to the house of correction Resol 10. Lam. ibid. Dal. 97. It is fineable to remove or put any out o● the parish who are not to be put out and such may be sent back Resol 11. Dal. 98. None may take relief at any mans door in the parish but by the appointment of the overseers nor begge in the high-waies in their parish Resol 15. Parsons vicars farmers or owners of impropriations cole-mines or saleable woods are to be charged with the relief of the poor Resol 18 19. Bishop and his Chancellour and three Justices of Peace have power to examine how money for the relief of the poor appointed by the statute is bestowed and to call to account the detainers thereof 14 Eliz. c. 5. 39 Eliz. c. 18. Lam. 366. Justice of Peace proved before the ●udges of Assize by two witnesses to be in default about the execution of the statute for the poor loseth 5 li. 14 El. c. 5. Lam. 372. Parents at the Q. Sessions appointed to keep their children or children their parents and have not relieved them at their own charges lose 20 shill a moneth Lam. 445. 39 El. cap. 3 4. In disability of the parish or hundred to relieve the poor the greater part of the Justices at the Qu. Sessions may rate any other parish or hundred thereto 39 El. c. 3. 43. El. c. 2. Lam. 611. Beggars children at the Qu. Sessions may be bound to serve any subject in an honest calling 14 El. c. 5. 18. El. c. 3. Lam. 614. Performance or not performance of so much of the statute of 14 El. c. 5. for the poor as is not altered by 39 Eliz. c. 3. or 43. El. c. 2. 1 Iac. c. 25. is to be yearly examined at Faster Sessions Lam. 620. Overplus of the stock for maimed souldiers is to be imployed by the greater part of the Justices at the Q. Sessions to be such charitable uses as are set down in the statute for the Poor except by them it be reserved for future pension 43 El. c. 3. Young children the parents being dead are to be set on work and relieved by the Town where they dwelled at the death of their parents and not sent to the place of their birth Dal. 96. The Justices may compel such as be of ability to take poor children apprentices and may binde such masters refusing over to the next goal-delivery so said Sir Henry Mountague at Cambridge Assizes 1618. and the statute of 43 El. c. 2. seemeth to warrant as much the words whereof are to this effect It shall be lawful for the Churchwardens and Overseers or the greater part of them by the assent of two Just●ces of the Peace to bind any such children to be apprentices where they shall see convenient cause Dal. 93. or the Churchwardens or Overseers with the assent of two such Justices may impose a competent summe of money upon such refuser for putting out such an apprentice and upon refusal to levy it upon the Justice of Peace his warrant by distress and sale of the offenders goods Dal. 93. If the Parents without good cause shewed refuse to suffer their children to be apprentices the Justices may binde them over to answer their contempt if the child refuse send him to the house of correction quousque c. Dal. 93. A master putteth his apprentice into apparel he cannot take it away though he part with the apprentice Dal. 96. Two Justices of Peace one being of the Quorum may send to the house of correction or gaol such as imploy not themselves in work being appointed 43 El. c. 2. Possession actual and in Law If after the death of A. another man abateth or entreth into his house forcibly before the heir of A. hath gotten any actual possession indeed the heir of A. shall have no restitution because he had a possession in law onely Lam. 153. Dal. 217. Information of ariot is a sufficient cause to ●aise the power of the county though indeed ●here were none Lam. 315. Dal. 114. Cro. 62. ● nu 22. 64. b. nu 49. Power of the county is raised without ●nowledge or information of a riot if when ●hey come they finde one it is lawful and ●hey may proceed to punish it Lam. 316. Dal. ●14 Cro. 62. b. nu 20. Power of the county in suppressing a riot ● de Riot The Justices of Peace Sheriff or Unde●heriff in levying power of the County may ●ave the aid of all the Knights and other ●emporal men under that degree that are a●ove the age of 15. and able to travel upon ●ain of imprisonment fine and ransome to ●he King Dal. 113. Lam. 315. Cro. 157. b. But it ●s referred to the discretion of the Justices how ●any or how few they will have and in what ●ort they shall be armed Dal. 113. Lam. 315. Cro. 64. b. nu 49. One Justice of Peace may take power of

the executing of the statute against vagabonds and four or five daies before by warrant to command the Constables of hundreds or towns by assistance of some of every town to make a general privy 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 Iac. c. 4. Dal. 130. 21 Iac. c. 28. Constables at every meeting of the Justices 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 hav● been punished by them or sent to the house o● correction and in default thereof be fine● under 40 shill as by the most of the Just sha● be assessed 7 Iac. c. 4. Dal. 130. No man is to be put out of the town whe● he dwels or sent to his place of birth or la● habitation but onely a vagrant rogue Da● 126. Res 9. Lam. 209. So of them whose terms of their houses ar● expired and servants whose times of servic● are ended for they must provide themselve● houses anew if they be not impotent Dal 126. Dangerous rogues are to be banished o● condemned to the gallies by the Justices a● their Quarter-Sessions 39 El. c. 4 Lam. 427. Dal. 287. Rogues by judgement of most of the Justices 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 year or if that cannot be known to their places of birth 1 Iac. cap. 7. If he offend again in begging or wandring it is felony without clergy 1 Iac. c. 7. Lam. 428. Dal. 287. Souldiers and mariners having a testimonial under the hand of the Just next to his landing place of the time and place of his landing limiting the place to which he is to pass and the time if he pursue the said licence he may ask and take such necessary relief as any will give him 39 El. c. 17. Lam. 303. Dal. 126. Two Justices of P. may send to the house of correction as a sturdy rogue a person able to work threatning to run away and leave his family upon the parish being proved by the oath of two before the said Justices unless he can put in sufficient bond for discharge of the parish 7 Iac. c. 4. Lam. 331. He which runneth away and leaveth his charge to the parish is an incorrigible rogue 7 Iac. c. 4. Rome vide Pope Co. 11. 36. Rout. Rout is where three or more persons be disorderly assembled to commit any act with ●orce whether they put in execution their purpose or no if they so do go ride or move forward after their first meeting Lam. 176. Dal. 221. A rout is only by some opinions where three or more do assemble for their own common quarrel As the inhabitants of a town assemble to pull down a house wall pale ditch or other inclosur● pretending to have title of common or a way there or to beat a man that hath done some publick offence Dal. 221 222. Sacriledge SAcriledge is the felonious taking of goods out of any Church or Chappel Lam. 420. Sacraments Three Justices of Peace may take accusation by oath of two witnesses against such a● deprave the Sacrament of the Supper and examine what witnesses were by and binde them all to give evidence at the day of trial and they being found guilty shall be imprisoned and fined 1 Ed. 6. c. 1. Dal. 134. Quaere Lam. 416 366. Three Justices of Peace one being of th● Quorum may award against one indicted upon the statute of 1 E. 6. c. 1. for depraving th● Sacrament a Capias Exigent and Capias ●tlegat into any shire 1 Ed. 6. c. 1. Justices of Peace in their Q. Sessions may enquire hear and determine of all recusant● and offences as well for not receiving th● Sacrament according to 3 Jac. c. 4. as no● repairing to Church And in their Session● wherein there shall be indictment take● for not repairing to Church or not receiving the Sacrament to make Proclamatio● to render their bodies to the Sheriff befor● the next Sessions and in default a conviction 3 Jac. c. 4. Lam. 616. Salmons vide Fish Salt-peter-men Salt-peter-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 thieves and other malefactors Co. 11 82. Dal. 209. Vide House School-master To keep or maintain a School-master which resorteth not to Church or is not al●owed by the Bishop or Ordinary of the Dio●ess the maintainer forfeits 10 pounds for ●ach month and the School-master to be ●mprisoned for a year without bail and dis●bled 23 El. c. 1. Lam. 419. Any keeping a School or being a School-master out of the University except in pub●ick Grammer-school and except in such No●lemen and Gentlemens houses as are not Re●usants and licensed by the Arch-bishop or Guardian of the Diocess both keeper and School-master forfeits 40 s. a day 1 Jac. c. 4. Seditious Sectaries One Justice of Peace may within three months after the conviction of any seditious Sectary or Popish Recusant described in the ●tatute of 35 El. c. 1. require the submission of him to conformity and in default of such submission may require him to abjure the Realm and if he refuse or after return without licence it is felony 35 El. c. 1 2. Lam. 204. Sermon vide Preaching Servants vide Labourers and Apprentices Serving-men vide Testimonial The Sessions of the peace is an assembly of any two or more Justices of Peace one being of the Quorum at a certain day and place within the limits of their Commission appointed to enquire by a Jury or otherwise to take knowledge and thereupon to hear and determine according to their power of causes within the Commission and statute referred to their charge Lam. 378. Sessions held without summons are good but then none shall lose any thing for default of appearing Lam. 380 381. Summons of the Sessions is usually by precept written to the Sheriff and by him to be returned at the Sessions Lam. 381. Precept for summoning the Sessions may be mad-by any two Justices of Peace one being of the Quor but not the Custos Rotulorum alone and summons cannot be discharged by Supersedeas of all the other Justices but by Supersedeas out of the Chancery Lam. 382 383. Sessions held by one Justice of Peace is not good although it were summoned by two and styled by their names but by two sufficient Justices it is good though it be styled by the name of three Lam. 383. Quarter Sessions are to be held four

Constable Ju●●es servant or other to arrest one such ●rson must serve it himself Lam. 89. Dal. ●0 He to whom any warrant shall be direct●d must do it with all security and speed ●●l ibid. A known officer must if he will not shew ● warrant upon arrest declare the contents ●his warrant Co. 6. 54. 9. 68. Dal. 341. Upon arrest in the Kings name the party ●rested ought to obey Dal. ibid. for if he have ●t lawful warrant the party grieved may ●●e his action of false imprisonment Dal. ●● Co. 9. 68. An officer arresting a man doth afterwards ●ocure a warrant this is a wrongful arrest ●● 341. Lam. 90 91. The officer having a warrant for the peace good abearing may break open the doors ●al 341. Cro. 170. b. One is arrested who upon promise to come ●gain is let go and cometh not again the ●●cer cannot arrest him by force of his for●er warrant except he prosecutes him with ●●esh suit Dal. ibid. Br. Faux impris 18. An officer having a lawful warrant to ar●est another is resisted or assaulted by the par●● or any other person the Officer may ju●●ifie the beating or hurting such person Dal. ●●● Lam. 92. If any abuse the warrant as by casting it in ●e dirt or treading it under his feet he shall ●e indicted and fined for it is the K●ngs pro●ess Dal. 342. Cro. 149. Quaere whether he ●all not be bound to his good behaviour ●al ibid. Before that a Justice of Peace grant his w● rant to arrest one for murder robbery or lony it is meet to examine the party that ● quireth the warrant upon oath and to b● him to give evidence at the next Gaol-d●●very Dal. 342. Just of P. is not to grant his warrant gainst an offender of a penal statute to a pear at the Sessions unless it be appointed statute but he ought first to be indict●● Lam. 187. Dal. 339. Cro. 197. a. nu 21. Justice of Peace cannot make a warr● to arrest a felon except he be indicted ● 147. b. But Dalton argueth that a Justice Peace may make such a warrant Vide D●● 339. One wrote to a Justice of Peace to se● him a warrant with a blank to ins● therein one whom he would attach s● suspition of felony The Justice did ●● And for that he sent his Warrant wit● blank to put in a name which he kn●● not nor the matter before the maki● of the Warrant he was fined in the Sta● chamber Cro. Jurisdiction 34. a. All Warrants made in the Kings nam● ought to be directed to all Ministers as w● within liberties as without Dal. 355. Warrants may be made either 1. in t● name of the King or 2. in the name of t●● Justice and either of them must be testifi● by the Justice from whom they issue or ● without style by the subscription of the J●stice Dal. 335. To what Offices Warrants are to be directed by particular Statutes To the Churchwardens for negligent comers to Church to levy 12 d. 3 Jac. c. 4. To the Constable or Churchwardens against an Alehouse-keeper to levy 10 s. for suffering tipling 1 Iac. c. 9. To levy 20 shill for breaking the Assise 1 Iac. c. 9. For selling Ale without licence 20 shill 3 Car. cap. 4. For tipling in an Alehouse 3 shill 4. four pence 1 Iac. c. 9. For abuses on the Lords day 1 Car. c. 1. For Carriers on the Lords day 20 shill 3 Car. c. 1. Shewing boots to sell on Sunday 3 shill 4 pence 1 Iac. c. 22. To the Constables Churchwardens or Overseers of the poor for swearing 12 d. 21 Iac. cap. 20. To the Constable or other inferiour officer for drunkenness 5 shill 4 Iac. cap. 5. 21 Iac. c. 7. Warreners vide Foresters Watches Any Justice of Peace may cause night-watches to be kept for the arresting of night-walkers and persons suspect be they strangers or others of evil fame Dal. 144. 13 E. 1. Stat. Winton c. 4. Watch is to be kept yearly from Ascension day till Michaelmas in every town from sun-setting to sun-rising Dal. 144. Lam. 4● All strangers or persons suspected passi● by the watching men may be examined them and if there be cause of suspition th● may stay them and if they will not obey m● levy hue and cry and may justifie to be them and may stock them till morning a● if they finde no cause of suspition deliv● them but if they finde cause may deliv● them to the Constable to carry them befo● a Justice of Peace Dal. 144 300. Any Justice of Peace may cause all nigh● walkers strangers or other suspected espe●ally such as sleep in the day and walk in t● night to be arrested and such as in the nig● haunt any house suspected of bawdery or ●● suspicious company or commit other outr●ges or misdemeanours and cause them to fi●● sureties for their good behaviour Dal. 8. Lam. 118 119. No man is compelled to watch unless he an inhabitant in the town Dal. 145. Inhabitants are not compellable to watc● at the will of the Constable but when h● turn cometh Dal. ibid. Water-men Every Justice of Peace within the shi●● next adjoining to the river of Thames with in his jurisdiction hath power upon complaint by the overseers or rulers of the Water men and Wherry-men or two of them or by the masters of any such servants bot● to examine hear and determine all offence against the statute and set at large him tha● shall be imprisoned by the overseers and rulers if there be just cause and also by his discretion to punish those overseers and rulers that shall unjustly punish any person 2 ● 3 P. M. cap. 16. Lam. 203. Dal. 145. The offences against the statute are 1. No single man shall be a Waterman 1 Iac. c. 16. 2. One of the two rowing in one Boat must be allowed by eight of the overseers by writing under seal 3. They shall not hide themselves in time of pressing for the Kings service 4. They shall not take for their fare above ●he price assessed and set up in Tables in Westminister Hall Dal. saith quaere whether the ●ustices of Peace be to meddle with this Wax One Justice of Peace may examine and ●earch by his discretion such as do sell any ●andles or work of wax above four pence in he pound clear gain over the price of the ●ax and punish them by forfeiture of that ●hich is to be sold and the value of that ●hich is sold and fine to the King Dal. 145. ●am 196 469. 11. H. 6. c. 12. Weapons which be forcible vide Forcible Entry Weers Weers in rivers may be surveyed by one ●●stice of Peace which he may cause to be ●ade of a reasonable wideness Lam. 189. Any making Weers within five miles of the mouth of any haven or creek or by weers destroying any fry of fish of the se●● loseth 10 pound one moiety to the King the other to the informer 3 Iac. cap. 12. Dal.