is a negligent escape Dal. 313. A Justice of Peace bailing contrary to the law or not certifying the bail and examination of the felon is fineable by the Justices of Goal-delivery Lamb. 345. 1 2 P. M. c. 13. Cro. 167. b. Dal. 313. Where one is bailable he must offer sureties Dal. 313. For what offences a man is not bailable by a Justice of Peace by the statute of W. 1. 3 Ed. 1. 15. Cro. 156. a. Lam. 345. 1. Abjured the Realm Dal. 316. 2. Approver or appellour ibid. 3. Appealed by an approver ibid. 4. Burning a house feloniously ibid. 5. Excommunication taken at the Bishops request ibid. 6. Felon taken with the manner ibid. 7. A known thief and defamed ibid. 8. Outlawed ibid. 9. Prison-breaker ibid. 10. Traitor to the King himself ibid. 11. Falsifier of the Kings money Dal. 317. 12. Counterfeiter of the seal ibid. 13. Attainted or convicted of felony ibid. 14. Accessary to two felonies if one principal be attainted Dal. 319. 15. Death of man if he be principal ibid. 16. Taken upon process of rebellion issuing out of Chancery or Star-chamber Lam. 347. Dal. 320. 17. Arrested by Process Writ Bill or Warrant in an action personal ibid. 18 Persons convicted of felony praying Clergy and reprieved Cro. 154. a. nu 2. Dal. 318. For what other offences a man is not bailable by a Justice of Peace A Justice of Peace is not to bail but in causes which he may hear and determine Lamb. 347. Dal. 320. Murder or any other homicide Dal. 315. Confessing the fault of manslaughter ibid. Lumb 34. Taken in the manner for killing ibid. Known to have killed a man ibid. By the King or his privy Councel Dal. 316. By the absolute not ordinary command of the Kings Justices ibid. For trespasses in the forrest West 1. cap. 15. Confessing the felony whereof he is accused Cro. 152. b. Imprisoned for surety of the peace 23 H. 6. c. 10. Lamb. 346. Special commandement of any Justice 23 Hen. 6. cap. 10. Lamb. ibid. Where Bailment is taken away by Statute vide Lam. 349. Dal. 320. For what offences a man is bailable Taken for light suspicion Dal. 317. Indicted of petty larceny not being formerly guilty of another ibid. Charged 1. With the receipt of thieves of felons Dal. 318. 2. Of commandment force or aid in felony done ibid. 3. With the trespass that toucheth not loss of life or member Dal. 319. West 1. 15. if not prohibited by some later Statute appealed by an Approver being no common thief nor defamed after the death of the Approver Dal. 320. Indicted of manslaughter and acquitted Lam. 347 Acquitted of murder or manslaughter at the Kings suit bailable during the year 3 H. 7. cap. 1. Lam. 347. Imprisoned by process out of the Sessions upon penal laws not forbidding baâ—l bailable out of the Sessions by two Justices one being of the Quorum Lam. 348. Dal. 319. Accused of homicides which are not felony Accessary to felonies Dal. 318. If they be found of good fame until the principal be convicted or attainted but after the principal is attainted he is not bailable except he plead not guilty or other plea Dal. ibid 321. Principal in burglary Dal ibid. Principal in an indictment of robbery Dal. ibid. Principal in an appeal â—f robbery Dal ibid. Attached by Sessions Process upon indictment of trespass may be bailed by one Justice of Peace to appeare at the day to answer the indictment and may make his Supersedeas de cap. indict and so of the exigent Dal. 319. In every bailment which must be by two Justices one of them being of the Quorum the Just must be present together at the time of bailment who before bail taken must examine the prisoners receive the information of them that bring them all which with the bailment they must put in writing signed or subscribed with their own hands and certified at the next Goal-delivery to be holden in the County 1 2 Ph. M. c. 13. Dal. 314. The said Justices have authority to bind all persons that can give evidence to appear the next Goal-delivery to give evidence against the party at the time of his trial Dal. 303. Some statutes not only take bail from the offenders thereof upon their solemn conviction after judgement but also upon the record of one or two Justices or by examination or proof of witnesses or other such private trial had before them Lam. 349. For the form of bailment Lam. 252. The form of the liberate Dal. 396. Lam. 352. Bailiffs Bailiff was punishable in false imprisonment if he compel the party to go before any other Justice then he chuseth Lam. 89 94. But now the law is adjudged to be that the Bailiff or Constable shall chuse the Justice Dal. 59. Coke l. 5. 59. b. Fosters case As the Bailiff may not compel him that is arrested for surety of the Peace to go before him that granted the warrant so it is not reasonable that the Bailiff shall be drawn out of the division and limit where they both dwell Lam. 95. Dal. 171. A Bailiff arrests a man without a warrant for the Peace and afterwards procures one he is punishable in false imprisonment Dal. 341. Cro. 149. a. Lam. 90. A Bailiff arrests one by warrant for the Peace the Justice will not binde the party nâ— action lieth against the Bailiff Dal. 1. Lam. 9â— Two Justices of Peace one being of the Quorum may give unto the Bailiffs of Franchises before they exercise their offices the oaths of 1 El. of supremacy 27 El. touching their offices 27 Eliz. cap. 12. Bailiff taking above four pence for an arrest is to forfeit 40 li. 23 H. 6. cap. 10. and lose treble damage to the party damnified Bailiff of the Hundred that executeth not a warrant against any defendant in the Sheriffs Court shall lose 40 shill 11 H. 7. c. 15. Vide plus Warrants Bakers vide Assise of Bread Barettor A common Barettor is he who is either a common mover stirrer up or maintainer of suits in law in any court or quarrels in the county Dal. 36. Lam. 440. Cro. 84. a. and is to be bound to his good behavior and imprisoned Lam. 440. Vide plus Dal. 36. Coke 8. 36. Bargain and Sale vide Inrolement Bark of Trees vide Leather Bastardy Two Justices of Peace one being of Quorum in or next to the Parish where a bastard left to the charge of the Parish or likely to be chargeable is born are to take order for the relief of the Parish keeping of the child and punishment of the reputed father and mother 18 El. 3. 7 Jac. c. 4. Dal. 37. The reputed father and mother not performing the order set down by two such Justiâ—es the delinquent is to be sent to the Goal without bail except they put in sureties to â—erform the order or appear at the next general Sessions of the Peace Dal. 38. If the Justices of
reward for discharging any from service lose ten times so much or 20 li. 2 E. 6. c. 2. Lamb. 482 483. Captainâ— or others having the charge of men for war keeping back part of their paâ— lose to their souldier treble so much as is noâ— paâ—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. 1â— 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 â—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 thâ—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. â— 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 Lâ—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 â—â— 5 Ed. 6. 4. Lamb. 419. To keeâ— 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 Peace before whom the conviction 5 Ed. 6. c. 4. Church-Wardens Church-wardens and Constables or one of them or where none be the Constable of the Hundred must once every year present at the Quarter Sessions the monethly absence from Church of Popish Recusants and the names of every of their children of 9 years old and above abiding with their parents as neer as they can the age of their children and the names of such Recusants servants 3 Jac. c. 4. Lam. 437. penalty 20 shill Vide Recusants Church wardens are to gather for the prisoners Vide Prisoners Church wardens and Overseers of the poor are yearly to make accompt to two Justices whereof one ought to be of the Quorum viz. 1. Of all sums received by them rated or not received 2. Of such stock as they or any of their poor have in their hands 43. El. c. 2. 3. What Apprentices they have put out 4. What poor they have set to work or relieved 5. What poor they have suffered to wander and beg 6. If they have monethly met to take order 〈…〉 7 If they have assessed the inhabitants and occupiers of lands c. in their Parish and such as are of ability with indifferency 8 If they have endeavored to levy and gather such assessments Dal. 96. Defaults in any the premisses is 20 shillings ibid. Two such Justices may make their warrants both to the present subsequent Church-wardens and overseers to levy all sums and arrerages of every one that shall refuse to contribute according to the assessment And in default of distress commit them to the Gaol till paiment be made Dal. 95. Church-wardens and Overseers refusing to make a true accompt to the Justices of all such sums of money or denying to pay the arrerages to be committed to the Gaol without bail till accompt made and the arrerages paid to the new Overseers Dal. 96. Church-wardens and Constables yearly upon Tuesday or Wednesday in Easter week must call together the Parishoners And first chuse Surveyors for the high-waies Dal. 67. 3 P. M. c. 8. 2 Appoint six daies for that purpose to be before Midsummer next following Dal. ibid. 3 Give notice of the said six daies openly in the Church the Sunday after Easter Dal. ibid. Clark of the Peace Clark of the Peace must be present at the Sessions to read indictments and inroll the acts of the Sessions as also to draw Process Lam. 393. Clark of the Peace must record Proclamations for the rates of servants wages and inroll the discharge of apprentices 5 El. c. 4. ib. He must keep the counterpane of the Inâ—enture of armour 4 5 P. M. c. 2. Reâ—ealed by 1. Jac. 25. circa finem And the books of licences given to Badges â—nd Loaders of corn 5 El. c. 12. Lam. 393. And of those that are licensed to shoot in â—uns 2 Ed. 6. c. 14. He must certifie into the Kings Bench tranâ—cripts of indictments out lawries attainders and convictions had before the Justices of Peace within the time limited under the pain of 40 shill 34 H. 8. c. 14. Lam 588 593. Recognizance of the Peace is brought into the Custos Rotulorum and if the party grieved will not sue it the Clark of the Peace may call upon it for the King Lam. 394. 2 H. 7 c. 1. The office of the Clark of the Peace is in the gift of the Custos Rotulorum 37 H. 8. c. 1. Lam. 394. What Records the Clark of the Peace is bound to certifie Vide Certificate The Clark of the Peace his fees Vide Fees He must record presentments for not coming to Church the certificate of not taking the oath of â—llegence 3 Jac. ca. 4. Lam. 393. Clark of the Peace is Clark to the Justices as the Statute 12 R. 2. cap. 10. nameth him and not Clark to the Custos Rotulorum onely Lam. 394. Clark of the Peace may exercise his place by himself or by his deputy sufficiently instructed in the Law and admitted by the Custos Rotulâ—rum Lam. ibid. Clark of a Justice his fees v. Fees Clark of the Crown what Records he ought to certifie vide Certificate Clark of the Market Clark of the Market taking money to dispence with faults riding with more then six horses tarrying longer then is necessary loseth for the first offence 100 shillings for the second 10 pound for the third 20 pound 13. R. 2 c. 4. Clark of the Market may take no money for any bills He ought to seal no Bushel but once After the first sealing to take any thing is extortion Dal. 150. Clergy and Sanctuary One Justice of the Peace may take out of the Sanctuary him that is abjured thither being indited of any offence punishable by death done after he is become a Sanctuary-man and may commit him to the Goal in the County where the inditement is found till he be tried 22 H. 8. c. 14. In what offences Clergy is not allowable Breaking a house by day and taking away any thing to the value of 5 shillings 39. El. c. 15. Lam. 564. 56â— Conjurors or witches their aiders and counsellers 5 El. c. 16. Lam. 564. 1. but 1 Jac. c. 12. repealeth 5 El. c. 16. Receivers or aiders of Seminary Priests or Jesuites 27 El. c. 2. Lamb. 563. Conspiring to burn take or raze any Castel or Bulwork of the Kings 14. El. c. 1. Rape or Ravishment 18 El. c. Lam. 564. Burglary 18 El. c. Lam. 564. Carnally abusing a woman within the age of ten years Lam. 564. 18 El. c. 6. Principal or accessary before the fact of taking away of a maid widdow or wife that hath lands or substance c. 3 H. 7. c. 2. 39. El. c. 9. Lam. ibid. Buggery 5 El. c. 17. Lam. 564. Murderer Lam. ibid. Poisoner of malice prepensed Lam. ibid. Robbing in day or nigh a high-way Lam. ibid. Horse-stealer Lam. ibid. Church-robber Lam. ibid. Robbing of a house any being in it 564. Robbing of booth or tent any being in it Lam. ibid. Commander of petty-treason Lam. ibid. Commander of wilful murder Lam. ibid. So of robbery in any dwelling house in or near any high-way Lam. 565. Stabbing one who hath no weapon drawn nor struck first if he die thereof within six moneths 1 â—ac c. 8. Lam. 565. To burn any dwelling house or any part thereof Lam. ibid. To burn any bath having any corn in it 〈…〉 Reporting false rumours against the King devising or writing seditious or slanderous matter against the King 23 El. c. 2. Souldiers departing without licence of their Captain Lam. 565. Souldiers or Mariners which wander begging 39. El. c. 17. Or exceed the time of their licence ibid. Or forge or use forged licence knowing it ibid. The second conviction for forging false deeds 5 El. c. Lam. 566. Privily to take away goods or money above 12 pence from the person of another 8 El. c. 4. Lam. 566. Calling himself an Egyptian or keeping them company
keeping of any Deer or Conies c. or be Keepers or Warreners any person having in lands 100 li. by year in fee or for life may take from such offender such Guns Bows or Cross-bows and keep them to his own use 3 Jac. c. 13. Dal. 65. Curriers vide Leather Customer vide Corn. Custos Rotulorum Custos Rotulorum hath the custody of tho Records and of the Commâ—ssion and ought tâ— see that they be brought to the Sessions Lam 387. Custos Rotulorum is alwayes a Justice of the Quorum Lam. 387. Custos Rotulorum alone cannot summon a Sessions seeing that he hath no more authority in that behalf then any of his fellows hath Lam. 382. Taking of the goods of another to the value of 12 d. from his person into his own possession without assault or fear is felony without Clergy 8 El. c. 4. Lam. 270. Dal. 262. and Lam. 422 566. But it will not amount to felony unto death unless the thing taken be of the value of twelve pence Lam. 270. Dal. Quaere The thief must have an actual possession of the thing severed from the person of the owner Lam. 271. Dal. 262. Cro. 35. a. nu 17. Cutting out of tongues Cutting out of tongues and putting out of eyes is felony if it be done of set purpose 5 H. 4. c. 5. Lam. 420. Cutting of a Pond head Destroying of the head or damme of any pond moat stew or several pit wherein fishes are put by the owner thereof or wrongfully fishing in any of the same to the intent to take away the fish against the owner will 5 El. c. 21. Lam. 446. See 3 Jac. c. 13. he is to suffer imprisonment and to be bound to his good behaviour for seven years Deer and Deer-hayes JUstices of Peace may not receive an indictment for killing a Hart proclaimed for the jurisdiction of it belongeth to the Justices of the forrest 21 H. 7. c. 30. Lam. 505. One convicted of unlawful taking or kiling of Deer must pay treble damages to the party three months imprisonment and after to remain there till he put in sureties for the good behaviour for seven years 5 El. c. 21. 3 Jac. c. 13. Lam. 571. To sell or buy to sell any Deer Hare Partridge or Phesant except house-Patridge or Phesant or brought from beyond the Seas loseth for every Deer 40 shill every Hare or Patridge 10 shill and every Phesant 20 shill 1 Jac. c. 27. Vide plus Hunting and Buckstalls Demurrer If one indicted demurreth upon the evidences the Justices ought to record it La. 539. Deputy A Judge cannot make a Deputy Lam. 64. Divine Service Any above the age of sixteen years that repaireth not faithfully and diligently to his Parish Church or Chappel accustomed or upon some reasonable lett to some usual place where Common Prayer is to be used upon every Sunday and other Holidaies and hath not there orderly and soberly abiden during the time of such Common Prayer Preaching or other service of God loseth 12 pence for every offence to be levied by the Church-wardens to the use of the poor of the said Parish and to be punished by the censures of the Church 1 El. c. 2. It is lawful for one Justice of Peace in the limit division or liberty where the offender dwelleth in not coming to Church according to 1 El. c. 2. upon proof of default by confession of the party or oath of witnesses to call the party before him and for want of sufficient excuse proof thereof to the satisfaction of the said Justice the said Justice may give his warrant to the Church-warden of the said Parish under his hand and seal to levy 12 pence for every default by distress and in default thereof to commit the offender to prison till paiment made 3 Jac. c. 4. Vide plus Recusants and Sunday Dogs vide Hunting Partridges Drovers vide Badgers Dier vide Cloth Drunkenness Any Justice of Peace upon his own view confession of the party or proof of one witness upon oath hath power to convince any person of drunkenness 21 Jac. 7. Any within six moneths after the offence committed lawfully convicted of drunkenness loseth 5 shill to be paid after conviction to the Church-wardens of the Parish where the offence shall be committed and refusing and neglecting to pay the same to be by warrant from the Just convicting levied on his goods if he be unable to be set into the stocks six hours and upon conviction of the second offence to be bound with sureties in ten pound to his good behaviour 4 Jac. c. 5. and for want of sureties to be sent to the Goal If the officer charged is negligent in levying or in correcting he loseth 10 shillings to be levied and disposed as the penalty it self 4 Jac. c. â— Church-wardens to be accountable to the use of the poor for the penalties by them received upon the statute of drunkenness ibid. Constables Church-wardens and Tithingmen in their oaths for their office are to swear to present offences against the statute of drunkenness 4 Jac. 5. Offences against the statute of drunkenness to be inquired after and presented before the Justices of Assise or Justices of Peace at their Sessions and proceeded upon ordinary indictment ibid. Offenders against the statute of drunkenness not to be twice punished for the same offence ibid. Ecclesiastical causes and persons ECclesiastical persons are subject to arrest for the Peace unless they be attendant on Divine service Lam. 93. Dal. 166. Vide plus Treason Eggs of wild-fowl Eggs of any wild-fowl usually eaten taken from the place where they were layed or destroyed betwixt the first of March the last of June one years imprisonment and lose after a rate for each egge viz. Egges of crane or bustard 20d bittern heron or shovelack 8 d. mallard teal and other wild-fowl one peny 25 H. 8. c. 11. 3 E. 6. c. 7. Lam. 453. To take away the egges of any hawk out of the woods or ground of any other person three months imprisonment and bound to his good behaviour for seven years 5 El. c. 21 Lam. 446. To take or cause to be taken upon his own or other mens grounds the egges of any falcon goshawk lanner or swan one year and a daies imprisonment and fine 11 H. 7. cap. 17. Lam. ibid. Taker or willing destroyer of egges of Partridge Phesant or Swan upon conviction by confession or oath of two witnesses before two Justices of Peace where the offence or apprehension is to be imprisoned three months unless he pay to the Church-wardens of the Parish in one of the places to the use of the poor 20 shillings 1 Jac. c. 27. Vide plus Partridges Phesants and Fowlers Egyptians One Justice of Peace may within one moneth after the arrival seize all the goods of any outlandish persons calling themselves Egyptians that shall come into the Realm or company with them or disguise themselves like them and keep to his own
â—â—de not remain with the Iustices of Peace Cro. â— ibid. Recusants Wilfully absenting themselves from Church â— 2 moneths contrary to 1 El. c. 2. and conviâ—ted being of 16 years of age are to be bound â—o the good behaviour upon certificate of â—ne Justice of Peace to the Kings Bench 1 El. â— besides other penalties 23 El. Dal. 104. Every Justice of Peace may give notice to any person to forbear to receive or keep such as shall obstinately refuse to come to the Church by the space of a moneth together 35 Eliz. cap 1. Heir of a Recusant being a Recusant at his Ancestours death conforming himselfe and taking the oath of supremacy made 1 Eliz. before the Archbishop or Bishop of the Diocess shall be free from penalties for the recusancy of his ancestour 1 Jac. c. 4. Heir of a Recusant being under 16 years at the death of his ancestour at or after 16 years becomes a Recusant he is not to be freed of his ancestours penalties for recusancy till conformity as aforesaid 1 Jac. cap. 4. Two parts of Popish Recusants lands being seised for the paiment of 20 li. a moneth the third is not to be charged with it but is to descend to his heir and the two parts to remain in the Kings hands till he be satisfied thereof both for the ancestour and heir 1 Jac. cap. 4. Any sending his children beyond the seaâ— out of the Kings dominions to any religious house to be instructed or strengthened in Popery loseth 100 pounds and the person so going or being there and not returning within one year and submitting is disabled to inherit purchase or take any lands oâ— goods in his Majestie dominions till conformity 1 Iac. cap. 4. Estates in trust for benefit of any sent beyond the sea to any religious house to be instructed in Popery are void 1 Iac. c. 4. Justice of Peace not certifying at the next Q. Sessions the oaths taken of any reconciled to the See of Rome upon his submission returning into the Realm doth forfeit 40 pounds 3 Jac. c. 5. Lam. 633. Forfeitures upon the statute of 1 Jac. c. 4. against Popish Recusants half to the King and half to the suer in any the Courts of Record at Westminster by action of debt c. 1 Jac. c. 4. Popish Recusant conforming himself in coming to Church according to the law and after convicted for not receiving the Sacrament once every year loseth for the first year 20 pound for the second year 40 pound for the third year 60 pound And if after conformity in receiving the Sacrament â—he offend therein he losetâ— for every offence 60 pound one moity to the King the other â—o the informer to be recovered in any of â—he Kings Courts at Westminster or before the â—udges of Assize or Justices of the Peace at â—heir Quarter Sessions by action of debt c â— Jac. c 4. Lam. 418. Constables and Churchwardens or for want of them the high Constable once every â—ear are to present the monethly absence of â—opish Recusants from Church with the â—ames of the servants and children above â—ine years old or lose 20 shillings for every â—ffence upon their conviction to have 40 â—hill out of their goods 3 Iac. c. 4. Lam. 616. Clark of the Peace is to record the Presentment of Constables and Church wardens for â—onthly absence from Church without fee â—1 loseth 40 shill 3 Iac. c. 4. Offences upon any statute for not going to Church or receiving the Sacrament may be heard and determined by the Justices of Peace at their Quarter Sessions as Justices of Assize might before 3 Iac. c. 4. Lam. 617. Upon an indictment for not coming to Church or not receiving the Sacrament Justices of the Peace at their Qu. Sessions may by proclamation command the indicted to render his body to the Sheriff before the next Qu. Sessions or Assizes and in default of appearance then the same to be a sufficient conviction 3 Iac. c. 4. Lam. 616. Popish Recusant convicted of not coming to Church according to law shall in Easter or Michaelmas term next after the conviction pay into his Majesties receit after the rate of 20 pound a month and so to continue without any other indictment till he conform himself and in default of payment all his goods and two parts of his lands to be seised till conformity leaving the mansion-house to the third part 3 Iac. c. 4. The King seising two parts may not let it to any Recusant nor for their use and the lessee must give security to the King not to commit waste 3 Iac. c. 4. Indictments against Popish Recusants are not to be avoided for want of form until conformity 3 Iac. cap. 4. Justices of Peace may hear and determine all offences against the statute 3 Iac. c. 4. except treason 3 Iac. c. 4. Lam. 617. Attainder of felony upon the statute of 3 Iac. c. 4. of Popish Recusants barreth not dower nor corrupteth bloud 3 Iac. c. 4. Any pursued for doing any thing warranâ—ed by the statute of 3 Iac. c. 4. may plead the â—eneral issue and give the special matter in â—vidence 3 Iac. c. 4. Husband is not chargeable with the forfeiâ—ure of the wife upon the statute of 3 Iac. c. 4. â—r not receiving the Sacrament nor the wife â—fter his death Popish Recusant convict coming to the Court where the King or his heir apparent â—s without the Kings command or warrant â—n writing from the Councel loseth 100 li. â— Iac. c. 5. the one half to the prosecutor Recusants convicted or other forbearing â—or three months to hear divine service now â—welling in London or within ten miles exâ—ept tradesmen having no other dwelling â—re to depart within forty daies and if they â—ome to dwell there within three months â—hen to depart within ten daies after conviction and to deliver their names to the Maior of London or the next Justice of the County or lose 100 pound 3 Iac. c. 5. the moiety to â—he prosecutor Every one not repairing every Sunday to some usual place appointed for Common-prayer there to hear divine service upon conviction within one month after default upon consession or oath of one witness one Justice of Peace may call the offender before him and if he cannot satisfie the Justice by excuse for his absence the Churchwardens by warrant from the Justice of Peace may levy 12 pence for every default by distress and sale of the offenders goods and in default of distress the Justice may commit him till he pay it which is to be imployed for the poor 3 Iac. c. 4. Dal. 105. Coke 11. 61. b. They which harbour within their houses any except parents or others to whose custody they are committed or knowing the same retain in their service any absenting themselves a month together from Church without reasonable excuse lose ten pound a month 3 Iac. c. 4. The King or five Lords of the Privy Councel may by writing under the hands
of the Privy Councel licence a Popish Recusant confined five miles to travel out of his compass for such time as is contained in the licence without inserting any cause 3 Jac. cap. 5. Popish Recusant confined to five miles informing upon oath four Justices of Peace that he hath necessary occasion to travel farther and that he will make no causses staies they with the asseâ—t of the Bishop of the Diocess Lieutenant or his Deputy under their hands and seals and specifying in their licence the cause and time of travel may by licence under their hands and seals give liberty to him to travel forth of his compass all other licences to be void and any travelling without such licence not having taken such oâ—th shall forfeit as a Recusant convicted by the statute of 35 Eliz. cap. 2. 3 Iac. cap. 5. Dal. 109. Lam. 365. and any one of the four Justices may minister the oath 3 Iac. cap. 5. Lam. 296. Statute 35 El. c. 2. confining Popish Recusants to certain limits is hereby confirmed and the proviso for licensing them to goe-beyond their limits is hereby repealed 3 Jac. cap. 5. Popish Recusants convicted are not to practise the common or civil law not physick nor to execute any offices places or trades belonging to any of them nor to be Minister or Officer in any Court nor to have any place of command or office in warre nor any office or charge in any ship castle or fortress of the Kings on pain of 100 pound one moiety to the King the other to him that will sue 3 Jac. cap. 5. Popish Recusant convicted or whose wife is a Popish Recusant during recusancy not to execute any publick office or charge in the Realm 3 Iac. c. 5. Married woman being a Recusant convicted whose husband is not convicted not conforming her selfe according to law forfeiteth to the King two parts of her dower or joynture and is disabled to be executrix or administratrix to her Husband 3 Iac. c. 5. Popish Recusant upon conviction is to be adjudged excommunicate to all intents except in being able to sue for or concerning his lands and leases not seised by the King 3 Iac. cap. 5. Recusant convicted married otherwise then by a minister lawfully authorized and according to the orders of the Church is disabled to be tenant by courtesie or in dower or by joynture or to have widows estate or frank-bank or any part of her husbands goods and marrving any by whom he is not intituled to be tenant by the couâ—tesie loseth 100 pound one moiety to the King the other to him that will sue 3 Iac. c. 5. Child of a Popish Recusant not baptized according to the orders of the Church within one moneth after the birth the father or mother if he die within the moneth loseth 100 pound whereof one third part to the King another to the poor of the parish and the third to him that will sue 3 Iac. c. 5. Popish Recusants not excommunicated buried otherwise then according to the orders of the Church his executors or administrators knowing it or causers of it lose 20 pound one third part to the King one third part to the poor of the parish and one third part to him that will sue for it 3 Jac. c. 5. Popish Recusant convicted during his conviction to be from the ending of that Parliament disabled to grant any advowson c. or to present or nominate to any spiritual living the same to remain to the Chancellors of the Universities of Oxford and Cambridge according to their several shires limited in that statute so that they present none having a former benefice with cure if they do the same to be void 3 Jac. c. 5. Penalties upon the statute of 3 Jac. c. 5. against Recusants to be recovered in any his Majesties Courts of Record by action of debt bill plaint or information without essoin protection or wager of law 3 Iac. cap. 5. Marrâ—ed woman under Baroness convicted of not coming to Church and of not receiving the Communion who doth not within three months after conform her selfe to be committed by two Justices of the Peace one being of the Quorum until conformity unless her husband pay 10 pound a month to the King or the third part of his lands 7 Iac. â— 6. The penalty of 12 pence and of 20 l. a month shall be both of them paid by a Recuâ—ant convict Dal. 106. Cro. 11. 63. b. Two Justices of the Peace may require a convicted Recusant of small ability who repaireth not to the place of his dwelling or place of his birth there to notifie himselfe to the Minister and Constables according to the statute of 35 Eliz. or afterwards removeth five miles from the same if upon apprehension he conform not himselfe within three months to abjure the Realm and assigne him his time and haven 35 El. c. 2. Dal. 109. The form of the Oath Tou shall swear you shall depart this Realm of England and all other his Majesties dominions and that you shall not return hither or come again into any of his Majesties dominions without licence of our Soveraign Lord the King or of his heirs so help you God Dal. 109. Stam. 119. Every such Recusant that refuseth to absure or after abjuration doth not within the time appointed go to such haven and depart or after such abjuration returneth without his Majesties special licence in every such case shall be adjudged a selon 35 El. c. 2. Dal. 109. Lam. 419. 1 Iac. c. 25. The Justice of P. before whom such abjurations shall be made must presently cause the same to be entred of Record before them and certifie it at the next general gaol-delivery in the said county ibid. The Bishop of the Diocess or any one Just of Peace or Minister of the parish where such convicted Recusant shall be may require his submission ibid. Justices of Peace at their Quarter Sessions may inquire hear and determine of all Recusants both for not coming to Church and not receiving the Sacrament according to law as Justice of Assize and gaol-delivery may do and at the Sessions in which such Indictment shall be taken make proclamation to render their bodies to the Sheriff and before the next Q. Sessions at which if the offender make not appearance of Record it shall be a conviction 3 Iac. cap. 4. Lam. 616. Popish Recusant convicted is disabled to be executor administrator or guardian the guardianship to go to the next of kin to whom the land should not come being no Recusant and he to accompt to the heir as the case shall require 3 Iac. cap. 5. Recusants armour gun-powder and munition by warrant of four Justices of the P. at their general Sessions shall be taken from them other then necessary weapons allowed by the said Justices for their defence and kept at the Recusants costs where the Justices shall appoint And the Recusant refusing to tell what armour he hath or disturbing the delivery
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 â—elleth the same there or within 4 miles â—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 â—o give surety of the peace untill a certain day â—â—e may by like discretion release it before â—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. â—â— Brook Peace 17. Recognizance is taken at the suit of A. to keep the peace against him onely A. may reâ—ease it before the same Justice or any other that will certâ—fie it Lam. 110. Dal. 179. Cro. â—39 b. nu 10. 169 a. That release being cerâ—ified at the next Quarter Sessions will disâ—harge the party bound of his appearance so â—hat he shall not be called upon for his recogâ—â—zance Dal. ibid. Cro. 139. b. nu 15. Recognizance is taken versus cunctum poâ—â—lum praecipuâ— 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 oâ— discharge it Secondly the recognizance iâ— 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 puttinâ— out must first be found Lam. 152. Cro. ibid. The Justice of Peace needeth not to stay oâ— 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 thâ— putting out be found unless the indictment dâ— 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 forcâ— found the Justice of Peace may by himselfâ— or precept to the Sheriff under the test oâ— himselfe alone restore the party grieved to hiâ— 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 iâ— 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 wriâ— of restitution that he cannot make restitutioâ— for resistance he shall be amerced for he may take the power of the county Dal. 216. Lam. 158. Câ—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. Expuleâ—â—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
said Justices and Sheriff or Under-sheriff under their seals Dal. ibid. The said two Justices or one of them may examine the defaults of collectors of Sheriffs amerciaments whose finding of default is a sufficient conviction and forfeiture of forty shillings the examination to be certified into the Exchequer Dal. ibid. The said Justices upon information of the party grieved may make like process as in action of trespass against the Sheriff c. to appear then to answer the said information or suggestion Dalt 138. Sheriff ought to be at the Sessions to return his precept and keep the prisoners Lam. 395. In these cases following the Sheriff c. doth forfeit 40 pounds and treble damages to the party grieved 23 Hen. 6. c. 10. Lam. 430 431. 1. Sheriff that letteth his Bailiwicks or any of his hundreds 2. Or returneth in any panels any Bailiffs officers servants or servants servants 3. Or refuseth to bail those that are bailable offering sufficient surety 4. Or taketh any obligation by colour of his office but onely to himself and upon the name of his Office and upon condition only to appear according to the writ or warrant 5. Or having taken for an arrest above 20 pence 6. Or above 4 pence for any obligation warrant or precept 7. Or he or any other minister having taken any thing for making any return or pannel 8. Or above four pence for the copy of a pannel 9. Bailiff for taking above four pence for making an arrest 10. Goaler taking above four pence of any committed to his ward upon arrest or attachment 11. Sheriff or his ministers that shall levy any of the Kings debts without shewing â—he party the estreats under the Exchequer â—eal shall be fined and pay treble damages to the party 7 H. 4. c. 3. 42 Ed. 3. c. 9. Lamb. 432. 12. Sheriff or other his minister arrestâ—ng imprisoning ransoming of or levying any amerciaments by reason of any Indictments or presentments made in the Sheriffs turn without process first obtained from the â—ustices of Peace or that hath not brought â—n such indictments and presentments to the Justices of the Peace at the next Sessions loâ—eth 10 pound Lam. 431. 1 Ed. 4. c. 2. Sheriff or any other who may make return of any writ that returneth any Juror without true addition of the place of his aboad or within a year next before or without some addition by which the Juror might be well known loseth 5 marks to the King and â—â— marks to the party 27 El. c. 7. Lam. 432. Sheriff or goaler denying to receive felons by the delivery of any Constable or Township or having taken any thing for receiving such is fineable 4 E. 3. c. 10. Lam. 434. Sheriff Bailiff or other officer or person refusing to pay over to the Churchwardens c. the moiety of the forfeitures by the statute of 4 Jac. against uttering of beer or ale to ale-house-keepers unlicensed forfeiteth double value 4 Jac. c. 4. Lam. 434. Justice of Peace being chosen Sheriff his authority of Justice is suspended during his Sheriffwick but after another is chosen and sworn his authority as a Justice of Peace is as it was before without any new oath except he be left out of the commission Dal. 11 12. Cro. 121. a. nu 13 14. Shoes Making shoes pantofles c. contrary to the rules prescribed in the stat loseth 3 shill 4 pence for every pair of shoes c. and the value of them 1 Jac. c. 22. Lam. 465. Shewing of boots c. on the Sunday with intent to sell them loseth 3 shill 4 pence and the value of them 1 Jac. c. 22. Lam. 466. vide Leather Shooting Any under the degree of a Lord of the Parliament shooting within any City or Town at any fowl or other mark upon any Church or dove-coat or any shooting in any place any hail-shot or moe pellets then one at a time every time offending forfeiteth 10 pound and imprisonment for three monâ—ths 2 Ed. 6. c. 14. Vide Archery Cross-bows Partridges Silk vide Apparel Sope vide Vessels Souldiers Souldier serving the King by sea or land doth willingly give purloin or put away any horse or harness wherewith he was set forth or being taken from other souldiers was appointed to him upon complaint thereof to a Justice of Peace he shall be committed without bail till he have made satisfaction unless he have been formerly punished by the General or other or shew forth in writing under seal the lawful loss thereof 2 3 Ed. 6. c. 1. Lam. 194. Souldiers passing out of the Realm to serve any forein Prince not having before their passage taken the oath of allegiance before the officer appointed thereunto it is felony 3 Jac. c. 4. Dal. 288. Souldier being a Gentleman or of a higher degree or Captain or other Officer in Camp passing to serve any forein Prince c. before they be bound to the King with two sureties before the officer appointed not to be reconciled to the Pope c. or to consent to any conspiracy against the King but to disclose all conspiracies upon knowledge thereof c. it is felony ibid. Souldier entred upon record and having taken press-money and that departeth without licence it is felony 7 H 7. c. 1. 3 H. 8. c. 5. Dal. 288. or if they depart without licence after they have served in the Kings wars 2 Ed. 6. c. 2. Dal. ibid. So of marriners and gunners that have taken press-mony to serve the King on the sea and come not unto or depart from the Captain without lâ—cence it is felony 5 El. c. 5. Dal. 288. In these cases following by the statute of 39 El. c. 17. souldiers and mariners do become felons Dal. 288. Such which set not themselves to some lawful course of life but wander up and down idly not having a lawful testimonial if they come from beyond sea from some Justice of Peace near the place of their landing expressing the place and time of their landing the place to which they are to pass and a time limited for their passage or having such a testimonial if they shall exceed the time limited To forge or counterfeit such testimonial or to have a forged testimonial knowing that it is forged Or being retained in service after his arraignment c. if he depart within the year without licence of his master Poor souldier or mariner or sea-faring man suffering shipwrack may have a licence from a Justice of Peace next to his landing to pass to the place of his repair and may ask and receive necessary relief in his direct passage within the time limited to him 39 El. c. 4. 39 El. c. 17. Dal. 126. Lam. 303. 21 Jac. c. 28. Every parish is to be taxed to the relief of disabled souldiers by the greater part of the Justices at their Quarter Sessions next after Easter so as no parish be above ten pence nor under two pence weekly to be paid so as the
Treason is Treason by the Common law Stam. 32. Dal. 229. Forfeiture in case of Treason is of lands and goods to the King and at this day by 26 H. 8. cap. 13. 5 Ed. 6. c. 11. his lands entailed and his wife her dower saving in certain cases Dal. 234. Judgement and condemnation of a woman in case of Treason is to be drawn on a hurdie to execution and burned Stam. 182. Dal. 234. Treasurer Treasurer for relief of Goals is to be chosen at Easter Qu. Sessions by the more part of the Justices of Peace to be of 5 l. in lands or 10. l. in goods in the last subsidy to continue but for one year and then to give up his account at Easter Sessions to his successor 43 El. c. 2. The elected refusing the office or to give relief or accompt is to be fined by the Justices in Sessions or by the Justices of the Assizes by discretion but not undâ—r 3 l. 43 El. c. 2. Treasurer for Goals is to pay over to the Lord chief Justice and to the Knight Marshall quarterly such summes as the Justices of Peace do appoint 43 El. c. 2. Treasurer for maimed souldiers is to be elected by the more part of the Justices at easter-Easter-Sessions and not being a Justice of Peace to be 10 l. in lands or 15 l. in goods in the last Subsidy to continue but one year and for refusing the office or misdemeanors c. to be fined by the more part of the Justices but not under 5 l. 43 El. c. 3. and to give up his accompt to his successor within ten daies after the Sessions The Churchwardens are ten daies before every Qu. Sessions to pay over to the High-Constables the taxation for Goals 43 El. c. 2. And the Churchwardens and petty Constable at the same time to pay to the High-Constable the tax for maimed souldiers 43 El. c. 3. And the High Constables are to pay the same to the Treasurers at the next Q. Sessions 43 El. c. 2 3. If default of paiment be made by the High-Constable he doth incur the penalties viz. of 20 s. a time for the Goal-money 43 El. c. 2. and of 40 s. for souldier mony c. 3. And if default be in the Churchwardens for Goal-money 10 s. a time if for souldiers mony the Churchwardens and petty-Constables lose 20 s. a time 43 El. c. 2 3. The said forfeitures to be levied by the Treasurer by distress and sale of the offenders goods and taken in augmentation of the stock Trespass vide Hedge-breakers Trial. As well noble men as Gentlemen in cases of Felony or Treason or misprision of Treason are to be tried by their equals Lam. 539. In Riots Routs unlawful assemblies and forcible entries Nobility shall be tried by common Jurors Lam. 539. All forein Pleas triable by Jury and pleaded by any indicted of Treason Murder or Felony shall be tried in the County where the party is arraigned and by Jurors of that County 22 H. 1. c. 14. 32 H. 8. c. 3. Lam. 552. Aliens indicted of Felony or of Murder must be tried per medietatem linguae Lam. 554. Peer of the Realm indicted of Treasons upon the statute of 3 Jac. c. 4. is to be tried by his Peers 3 Jac. c. 4. All Treasons misprision of Treasons and concealement of Treason done or committed out of the Realm shall be enquired and tried within the Realm 35. H. 8. c. 2. Dal. 235. Co. Inst. 261. b. He who is no Lord of the Parliament being arraigned for Treason or Felony shall be tried by Knights and others and not by Lords of the Parliament So shall Bishops by reason that they are Lords of the Parliament by their office and not in respect of their Nobility Cro. 110. b. nu 6. Stamf. 153. a. Turn of the Sheriff Indictment at the Sheriffs Turn to be certified to the Justices at the Quarter Sessions Vide Certificate Sheriffs Turn to be holden within a month after Easter or within the month after Michaelmas Lam. 504. â—streates of the Justices of Peace of Fines assessed upon presentments in the Turn being inrolled and indented are to be levied by the Sheriff to the use of him that was Sheriff at the time of presentment 1 Ed. 3. c. 7. Lam. 585. VAgabons vide Rogues Venire facias Justices of Peace may award a Venire facias against the inditour to amend a Bill upon the first oath Lam. 507. 8 H. 5. c. 8. Stam. 97. Justice of Peace cannot award a Venire facias tot matronas to know whether a felon be with child or no Lam. 551. Verdict The Jury in case of felony may give a special verdict if they will and the Court upon examination of the matter may adjudge contrary to the Verdict As The Jury found that A. killed B. se defendendo and upon examination of the matter the Court adjudged it to be manslaughter against the verdict Cro. 114. a. nu 1. Though the Indictment specifie the goods to be above 12 d. yet the Jury may say that the goods were worth but 8 d. upon which verdict it shall be taken as petty-larceny Cro. 114. a. nu 2. A man is arraigned of murder and by the Jury it is found but man-slaughter it is good Cro. 114. a. nu 3. Vessels Vessels of ale and beer are to be made of seasoned wood with the mark of him that sealed it Lam. 460. Every barrel for beer and every barrel for ale and so every lesser vessel by 32 H. 8. cap. 4. ought to contain under pain of 3 shill 4 pence for each default Beer Barrel 36. Gallons Kilderkin 18. Gallons Ferkin 9. Gallons Ale Barrel 32 Gallons Kilderkin 16 Gallons Ferkin 8 Gallons But now by the statute 1 Iac. c. 9. ale and beer shall be sold by retail by one and the same measure namely by the ale-quart Cro. 94 b. Dal. 152. Vide Assise of Bread and Beer Wine Tun 252. Gallons Dal. 162. Pipe 126. Oil Hogshead 63. Barrel 32 and half Hony Rundlet 16 and half But Crompton 94. b. saith Popham chief Justice saith that the measure of wine and ale should be all one and that so it was agreed by the Justices according to the standard of the Exchequer But note saith Crompton there that the ale-quart is greater for that the froth of the ale amounts a little and wine doth not froth and therefore there should be a nick in the top of the wooden â—an where the measure should be to which nick the ale should come Cro. 94. b. And so Master Wallis Clark of the Qu. market told him January 25. 1588. Herring the barrel half barrel firkin shall be of the same content that ale is namely the barrel 42 Gallons c. 13 El. c. 11. 11 H. 7. c. 23. Dal. 153. Sope and Butter shall be of the same content with ale and the empty barrel not to be in weight above 26 pound for the other vessels in proportioâ— 23 H. 8. c. 4. Dal.
husband only appearing the Recognizance is not forfeited Dal. 179. Quaeu tamen Cro. 144. b. Resolutions of the Judges of Assises 1633. 1. Question WHether the Churchwardens and Overseers of the poor of a Parish with assent of two Justices of the Peace one being of the Quorum may by the Statute of 43 Eliz. cap. 2. or any Law enforce a Parishioner of the same Parish to take a child of a poor Parishioner of the same Parish who is not able to keep his said child to be an apprentice Resol The Statute of 43 of Elizabeth which faith that the Churchwardens and Overseers of the Parish shall put out children to be apprentices necessarily implieth that such as are sit must receive Apprentices and the putting out of poor children to be Apprentices is one of the best ways for the providing for the poor 2 Q. If they may then whether they must not give money with him and who shall determine what money shall be given with him if the party that is to take such an Apprentice and the Churchwardens and Overseers cannot agree thereupon Resol There is no necessity that money must be given but that must be left to the discretion of the Churchwardens and Overseers all circumstances of age and ability being considered and if they cannot agree with the party then the Justices of Peace near adjoining or in their default the Sessions of Peace are to determine these Controversies 3 Q. Whether a Knight Gentleman Clergy man or Yeoman or one that is Sojourner using husbandry cloathing or grasing or the like may be enforced to take such an Apprentice Resol Every man who is by calling or profession or manner of living that entertaineth and must have the use of other servants of the like quality must entertain such apprentices wherein discretion must be given upon due consideration of circumstances 4 Q. Whether a wealthy man keeping few or no servants not wanting a servant but living privately may be enforced to take such an apprentice if not then whether he may be taxed toward the putting forth of such an apprentice Resol For the receiving of such apprentices the answer may be referred to the question next before but out of doubt every such person must contribute to the charge as to other charges for the provision for the poor 5 Q. Whether they may enforce a Parishioner that is of one Parish to take such a child apprentice that is of another Parish but within the same County or division if the proper Parish be not able to provide for the children of the same Parish Resol The Justices may provide Masters for them in other Parishes within the same Hundred if the same Hundred be not able then out of that Hundred in the rest of that County as for other provision for the poor which must be at a Quarter Sessions 6 Q. If such a Parishioner may be enforced to take such an apprentice and shall refuse not onely to take such an apprentice but also refuse to be bound to appear at the next Qu. Sessions or Assises what shall be done to him Resol If any refuse let such a one be bound over to the next Sessions or Assises if he refuse to give such bond let him be sent to the Gaol there to remain until he will give such bond 7 Q. If such a Parishioner who refuseth to take such an apprentice shall be bound over to the Sessions for not taking such an apprentice and when he appeareth there shall likewise refuse what shall be done to him and what shall be done to the parents who refuse to suffer their children to be put out to be apprentices themselves not being able to maintain them Resol If at the Sessions or Assises such a one refuseth to take an apprentice and his excuse be not allowed it is fit he be bound to the good behaviour and it will be a good course to indict such a refuser for a contempt and thereupon to fine and imprison him if he refuse to be bound to the good behaviour let him be imprisoned until he will and the Kings books of orders directs that such be bound with good sureties to appear at the Councel-board and if the Parents of such poor children refuse to suffer their children to be bound apprentices or being bound entice them away themselves not being able to maintain them let them be committed to the house of correction 8 Q. Whether it be in the power of any general quarter-Sessions to mitigate any penalty upon a Statute law if the party indicted shall submit himself to the fine of the Court and wave the traverse Resol If the party be convicted or confess the fault it is not in the power of the Court to mitigate the fine in such cases where the Statute makes it certain but if the party indicted protesting his innocency yet quia noluit plitare cum domino Rege puts himself up into the grace of the Court the Court may impose a moderate fine and order to forbear the prosecution 9 Q. If any be bound to appear at the Sessions and shall tender submission to the Court whether the Sessions may stay the indictment and mitigate the fine aforesaid upon the confession of the fact Resol This is answered before to the next precedent Article 10 Q. If a man be convicted for being drunk tipling and keeping an unlicensed Alehouse or being licensed for suffering others to remain tipling in his house or for swearing or driving Cattel upon a Sunday contrary to the statute in that case provided whether the Justice of Peace before whom he was convicted or any other Justice of the Peace may discharge him of all or part of the Forfeiture or punishment appointed by the Statute Resol The Justices have no such power of mitigation after conviction where the Statute appoints the measure of the punishment 11 Q. Whether a Constable may upon a warrant for carrying one to the house of correction for keeping an unlicensed Alehouse upon the second conviction break open the house wherein the party convicted is to apprehend him Resol This question is to be advised upon it is put in general terms and referred to be considered in the particular where it appeareth 12 Q. If a woman unmarried be hired from week to week or from half year to half year in one Parish and there be gotten with child and then goeth from thence unto another Parish where she is setled in service by the space of two or three months and then discover that she is with child The question is whether she shall be setled in the parish where she was begotten with child or in the Parish where she was last setled Resol The place where such a woman was lawfully setled is the direction in this case not where she was begotten with child 13 Q. If a woman servant unmarried be begotten with child and then goeth out of her Mistress service before or after it is discovered that she is with
Indictments taken before the Justices of the Peace and by equity thereoâ— all Indictments before Coroners 3 Mar. Brâ— Commission omnium 24 saith That the Commission is ad delibr and. Gaol de prison in eisdeâ— existen But they cannot take Indictments aâ— Justices of Gaol-delivery but being Justices oâ— the Peace they may take Indictments againâ—â— Prisoners but not against them that be aâ— large for as much as power is given them consequently they must have means to do so which is by Indictments Id quaerend Howsoever it is clear that they may enquire of many offences and take indictments in such cases where power by the Statute is given to the Justices of Gaol delivery in such cases where they have authority by Law or Stat. there the title of Indictments is that Ad gaolam deliberationem tent before the Commissioners of Gaol-delivery I. S. was indicted and the Record must be made up so And whereas by the Statute of 4 Eliz. c. 2. Indictments taken before Justices of Peace or Coroners or any other against any Prisoners then the entry of the Indictments is returned taken Memorand quod ad generalem Sessionem tent before A. B. C. Justices ad pacem in Com. Middlesex or London I. S. was indicted and then tried before Justices of Gaol-delivery and by vertue of the said Statute Indictments taken before Justices of the Peace of London or Middlesex are tried before Justices of Gaol-delivery The Commissioners of Oyer and Terminer is Ad triand inquirend audiend determinand They may enquire all offences mentioned of in the Commission albeit the offenders be at large but they cannot try Prisoners upon Indictments taken before any other then themselves as the Justices of Gaol-delivery may by the aforesaid Statute unless there be a special Commission made as it was in the case of the Earl of Leicester mentioned in Plow Com. for the ordinary Commission of Oyer and Terminer is ad inquirend audiend determinand therefore they cannot determine of things unless they made enquiry first and on the otherside also the Justices of Gaol delivery may try Indictments taken before Justicâ— so the P. yet if one be indicted before Commiâ—sioners of Oyer and Terminer the Justices oâ— Gaol-delivery cannot try the same becausâ— the Records of the Commission of Oyer anâ— Terminer are to be returned in the King Bench 44 E. 3. 31. The Commission and the Records of thâ— proceedings before the Justices of Gaol-delivery are to be returned to the Custoâ— Rotulorâ— of the County when the same persons are Justices of Gaol delivery and of Oyer and Terminer they may sit the same day and place and enquire by the same Jury but the entry oâ— the Records must be several according as theâ— Indictment is At the Assises in the Countrey the Justices have their several power as the Justices of Gaol-delivery Oyer and Terminer and Justices of Peace But when the Records are made up they must be according to the power they made election to proceed upon This is the regular and legal course But the Clarks of the Assises promiscuously make entry thereof but if a Writ of Errour be brought they must certifie according to Law or else it will be erronious and so upon a Certiorari The Sessions of London may be begun at the Guild-hall and then adjourned to Newgate If some Indictments be at Guild-hall then those must be certified if others at Newgate then the adjournment must be mentioned and that the Indictment was then taken Note that the trial of Indictments taken before Justices of the Peace of London cannot be tried at Newgate as in nature of a trial before Justices of the Peace at London for many of the Commissioners for Goal-delivery are not Justices of the Peace for London but in such cases the trial must be before the Justices of Goal-delivery as upon Indictments taken before the Justices of the Peace of London as in the case of Indictments taken before the Justices of the Peace of Middlesex But if Indictments at Newgate be originally taken before them as Justices of Gaol-delivery then it is inquirable how the Jury sworn and impannelled to enquire at the Sessions of the P. for London or Middlesex do serve to present Indictments before the Justices of Gaol-delivery at Newgate unless the custome and usage will warrant the two several Juries sworn at the Sessions of the Peace for London or Middlesex are also by the same Oath and impannelling to serve for the grand Jury for the Commission of Gaol-delivery and Oyer and Terminer Upon conference with Mr. Keeling and the Clarks for Newgate of London and Middlesex and the Clarks of Assises and view of the several Entries a more mature and certain resolution may be given this being in haste and without such considerations as were requisite Cases and Resolutions upon the Statutes of 18 Eliz. cap. 3. touching Bastard-children And upon 43. Eliz. cap. 2. concerning the poor and provision for them Hammonds Case Mich. 3 Car. Kings Bench. Bastard HAmond having got a child the examination thereof was referred to the two next Justices according to the Statute upon which the Justices made an order which Hamond refused to perform thereupon they cause him to enter into bond to appear at next Sessions where he appeared the Justices there made another order because he refused to perform this they committed him to prison Resolved the imprisonment was illegal being not warranted by the Statute but they ought to have proceeded against him upon his bond By Hide chief Justice the Justices ought not to commit for not performing their order of quarter-Sessions where they alter the former order made by the Justices who had first the examination for by the second order the first was made null Concerning providing for Bastard-children Smiths Case Mich. 6. Car. R. B. R. IT appeared by proof before two Justices that Smyth was the reputed father of a bastardchild and the Justices made an order for maintainance of the child and for discharge of the Parish according to Law afterwards committed him for not performing the order Resol the commitment was void and that the Justices should have taken bond of him to appear at the next Sessions The Case was further Sir Henry Pool and Doctor Standard being the two next Justices did examine this matter upon which it then appeared that one Feild was the reputed father and made their order against Feild that he should maintain the child discharge the Parish and enter into bond for his appearance at the next quarter-Sessions and to abide their order there made He refused to enter into bond but appeared at the Sessions and there shewed that Smyth was the reputed father the former order was certified but the Justices did nothâ—ng upon it but granted a new reference unto Doctor Standard and Master Gregory Riâ— Henry Pool being gone out of the Countrey And they made the last order contrary to the former and by this they charged Smyth as the
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. Legis Praemio aut poena vita moderatur Humana Isidor lib. 5. Etymolog LONDON Printed Anno Domini 1661. To the Reader Courteous Reader THE great Antiquity of Justices of Peace in this Nation speaks not onely the manifest Vtility but also the necessity of that weighty office which hath been established and enlarged by the grave wisdome of our Ancestors by many succeeding Acts and Ordinances of Parliament as you may perceive by the perusal of this insuing Enchiridion and although in the former Impressions thereof the Reader hath been much injured by corrupt Editions yet in this present Tract you may be securely confident of very few or no Errors at all in regard it hath been revised with mature and elaborate diligence and therefore now no such cause of discouragement for the buying of this beneficial Collection as formerly you shall find in it also much new matter added concerning the said Office THE TABLE  Fol. A.  ABjuration 1 Absolve vid Treason 326 Accessary Principal 1 Acquital vide Enditements 73 Additions 5 Affray Affrayers 7 Agnus Dei Crosses beads 8 Alehouses 9 Alias dictus v. Enditements 73 Alien and his Trial vide Trial 332 Allegeance vide Supremacy 300 Amercements 13 Appearance 14 Appeachment vide Approvers 15 Apparel Appeal 15 Apprentices 15 Approvers 17 Archery 18 Armour 18 Arresti 20 Arraignmment 21 Artificers vide Labourers 158 Assault vide Breach of the peace 33 Assembly vide unlawful Assembly 338 Assise of Bread and Beer 23 Attainder 23 Await lying vide Way-laying 342 Averment 24 B.  BAdgers and Drovers 24 Bailment 25 Bailifs 29 Bakers vide Assise of bread 23 Barettor 30 Bargain and Sale v. Inrolment 148 Bark of trees v. Leather 170 Bastard 30 Battery lawfull vide Riot 254 Bath and Buxton vide License 176 Bawdery 32 Beads vide Agnus Dei 8 Bearwards vide Licence 32 Beer and Beer brewers vide Victuallers 335 Beggers vide Rogues 269 and poor people 213 Blockwood vide Logwood 177 Bloodshed 33 Bowyers vide Archery 18 Bonds vide Recognizances 33 Brass and Pewter ib. Breach of the Peace or good behaviour 33 Bridges 35 Buckstall 37 Buggery ib. Bull from Rome vide Treason 326 Burglary 37 Burning of houses 40 Butchers ib. Butter and Cheese vide victuals 42 Buts 41 Buying and Selling v. Cattel 42 C  CAlves and kine 41 Captains 42 Castle vide Felony 90 Cattel 42 Certificate ib. Certiorari 44 Challenge 46 Chance-medly vide Homicide 129 Chastisement vide house of Correction 138 Church Churchyard 46 Churchwardens 47 Clark of the Peace 48 Clark of the Market 50 Clark of a Iustice vide Fees 86 Clark of the Crown vide Certificate 42 Clergy and Sanctuary 50 Cloth 54 Commission of the peace 56 Commons 58 Common Prayer 59 Concealment v. Jurors 149 Confession 59 Conjuration 60 Conservers of the Peace 60 Constables 60 Conventicles 62 Conies vide Hunting 139 Corn 62 Cutters and carriers away of corn v. Hedge breakers 125 Coroners 63 Cottages ib. County 64 Cozeners 65 Crosses vide Agnus Dei 8 Cross-bows and Hand-guns 65 Curriers vide Leather 170 Customer v. Corn 62 Custos Rotulorum 67 Cutpurse 68 Cutting out of tongues 68 Cutting of a Pond-head ib. D.  DEer and Deer haies 68 Demurrer ib. Deputy ib. Divine Service ib. Doggs v. Hunting 139 and Partridges 203 Drovers v. Cattel 42 Dier v. Cloth 54 Drunkenness 70 E.  ECclesiastical persons 71 Eggs of wild-fowl ib. Egyptians 72 Embezelling of records vide Records 236 Embracer vide Maintainers 178 Enditements 73 Enquiry 7◠Enquiry of a Forcible entry vide Forcible entry 100 Enquiry by presentment v. Presentment 220 Enquir by Examination v. Examination 82 Enquiry by Information vide Information 146 Escapes 79 Escheators 81 Eves droppers 81 Evidence 81 Estreats 82 Examination 82 Extolling forein power vide Treason 326 Extortion 84 F  FAirs and Markets 86 False imprisonment vide Arrest 20 False tokens vide Cozeners 65 Fees 86 Felo de se 89 Felony 90 Felony of his own goods vide Theft 311 Ferrets vide Hunting 139 Fewel 96 Fines 96 Fines of Rioters vide Riot 254 Fines of Brewer Baker vide Assise of Bread 23 Fish 98 Fish days 99 Flax 100 Flesh vide Fish-days 99 Force 100 Forfeitures of a Recognizance taken for the Peace 114 Forein Power vide treason 326 Forein Plea 115 Forrester 116 Forestalling and Forestaller 116 Fowlers and Fowling 116 G  GAmes vide unlawful games 337 Gaol Gaoler 117 Glass-men 119 Goldsmith ibid. Good abearing ibid. Guns and Gunners 122 H  HAres 123 Harness 124 Hart proclaimed vide Deer ibid. Harvest time ibid Hawks Hawking ib. Hay and Oats 125 Hedge breaker ibid High ways 126 Homicide 129 Horses and Mares 135 Horsebread 136 Hospital 337 Hospitality v. Religious houses 348 House 137 House of Correction 138 Hunting 139 Hundred 142 Hue and Cry 143 I.  JEsuites and Seminaries 145 Imprisonment v. Prison  Indictments v. End tements 73 Information 146 Informers and Promoters 147 Ingrossers ib. Inne holders 148 Inmates v. Cottages 63 Inrolement 148 Issues ibid. Iudgement 149 Iuglers v. Rogues 269 Iurors 149 Iustices of Peace 152 L.  LAbourers and Servants 158 Larceny 164 Leather 170 Leets 175 Lent v. fish daies 99 Liberties and Franchises 175 Libellers 176 Licences ib. Linnen cloth 177 Lying in a way vide Way-laying 342 Logwood 177 Longbows 178 M.  MAsons 178 Mainprise vide Bailment 26 Maintainers and Embracers 178 Malt 180 Manslaughter v. Homicide 129 Mariners 181 Market overt 182 Marriage 183 Mass ibid. Master vide Labourers 158 Measure vide Weights 350 Messages fasle 184 Milch kine v. Calves 41 Minstrels v. Rogues 269 Misprision 184 Misprision of treason ib. Misprision of felony 186 Mitigation of fines ib. Mittimus ib. Monasteries v. Religious houses 248 Mortuaries 187 Mutiplication of gold c. 188 Murder ib. Musters 192 N.  NAme 192 Nets v. Hunting 139. Partridges 203 News 192 Next Iustice 197 Noble Personages ib. Night walkers v. Watches 347 Non sanae memoriae 194 Nusans ib. O.  OBedience to the King 194 Officii colore 195 Ordinary ib. Oath 196 Orchards vide Hedge-breakers 125 Overseers of the Poor 198 P.  PAnel v. Iurors 149 Pardon 200 Park and Parker 202 Parson and Vicar v. Ecclesiastical person 71 Partridges Pheasants 207 Peace 216 Peer v. Noble Personages 197 Pedlers v. Rogues 269 Perjury 207 Pety treason 208 Pewter v. Brass 33 Physician 209 Pictures v. Agnus Dei 8 Playes and Players v. Rogues 269 v. unlawful
Games 337 Plague 210 Plaints in Court 211 Pond and Pond head v. Fish 98 Prisoning vide Murder 188 Pope 212 Popish books 213 Poor people ibid. Possession actual and in law 216 Power of the County 217 Preacher 218 Precept vide Warrant 342 Praemunire 218 Presentment 220 Priests v. Iesuites 145 Principal v. Accessary 1 Prison 222 Prisoners 223 Privy Sessions v. Sessions 280 Process 225 Proclamation 228 Promoters v. Informers 147 Prophesying 228 Purveyors 229 Putting out of eyes 231 Q  QVarter-Sessions v. Sessions 380 R  RApe or Ravishment 232 Rates v. Taxations 210 Recognizances 233 Reconciliation v. Treason 326 Records 236 Recusants 237 Regrator 246 Release 247 Religious houses 248 Replevin v. Bailment 25 Rescous of a felon 249 Restitution of Possession ibid. Restitution of stoln goods 253 Return 254 Riots ibid Rivers 266 Robbery ibid. Robbing an house 269 Rogues ibid. Rome vide Pope 212 Rout 277 S  SAcriledge 277 Sacraments 288 Salmons vide Fish 98 Salt-peter-men 278 School-master 279 Seditious Sectaries ibid. Sermon v. Preaching 218 Servants v. Labourers 158 and Apprentices 15 Servingmen v. Testimonial 311 Sessions of the Peace 280 Sewers 283 Sheep 284 Sheriff ibid Shoos 288 Shooting ibid. Sope v Vessels 334 Souldiers 288 Starchamber 293 Stoln goods ibid. Stewards of Courts 294 Stock of the Shire ibid. Subsidy 295 Suggestion v. Information 146 Summons of the Sessions v. Sessions 280 Sunday 295 Supersedeas 297 Supplicavit 300 Supremacy ib. Surety of the Peace ib. Suspicion and suspects of felony 308 Swans 309 Swearing ib. T.  TAxations 310 Tale-bearers vide News  Tanners v. Leather 170 Tavern-keeper 310 Testimonial 311 Theft ib. Threatning 319 Tile-making 320 Tipling ib. Tithes 321 Toll 322 Transportation 323 Traverse 324 Travelling beyond Sea 325 Travellers 326 Treason ib. Trespass vide Hedge-breakers 125 Trial 332 V.  VAgabonds v. Rogues 269 Venire facias 333 Vessels 334 Victuals and Victuallers 335 Vndersheriff ib. Vnlawful games 337 Vnlawful assemblies 338 Vsury 339 Vtlawry ib. W.  WAges 340 Wainlings 341 Wait-lying 342 Warrants ib. Warreners v. Forrester 116 Watches 347 Watermen 348 Wax 349 Weers ib. Weights Measures 350 Witchcraft 351 Wines 352 Woad ib. Wood ib. Wool Woolseller 353 Woollen yarn ib. Women 354 Resolutions of the Judges of Assises 355 A Compendious Charge to be given at the Quarter-Sessions 384 Abjuration THe abjuration of a seditious Sectary ought to be made in open quarter Sessions of the Peace there to be entred of Record in the Rolls of the Sessions by the Clark of the Peace 35 El. cap. 1. 2. Lam. 615. Abjuration of a seditious Sectary made in open Qu. Sessions must be certified to the Justices of Assise at the next Assises 95 El. c. 1. Lam. 590. Justices of Peace cannot arraign a man upon his abjuration for felony Lam. 551. Vide plus Recusants Absolve Vide Treason Accessary and Principal Who shall be an accessary before the fact 1. Abbettor Procurer or consenter to a felony Dal. 292 293. Cro. 41. a. nu 1. Lam. 286 287 288. Stamf. 44. a. 2. Commander of an evil act is accessary to the felony proceeding thereof as if death proceed of beating or robbing Lam. 286. Dal. 293. Cro. 43. a. nu 34. 3. Commander of one felony whereby another ensueth is accessary to the second as A. commandeth B. to fire the house of C. and thereby many are fired Lam. 286 287. Cro. 43. b. nu 36. 4. Commander of a felony though it be executed in another fashion time and place or manner then was commanded Lam. 286 287. Cro. 42. a. nu 14. Dal. 293. 5. When a Statute ordaineth an act to be treason or felony which was not so at the common law and saith not that the abettâ—rs aiders comforters or consenters shall be felons yet it shall be felony in them Dal. 292 297. Lam. 285. Who not The felony commanded is executed on another person the commander is not accessary Lam 287 288. The commanded performing more then was commanded committeth felony the command is not accessary Lam. 287. The commander of one felony to be done to a man is not accessary to another kind of felony committed against the said party as one counselled to poison A. giveth it to A. and B. the counseller is not accessary to the murder of B. Lamb. 287 288. Commander or counseller to a fact countermandeth it before it be done Lam. 289. Dal. 293. Cro. 42. a nu 16. The knower of a felony without consenting Lamb. 280. But such concealment is fineable Cro. 41 b. nu â— Dal. 294. One not party not privy who is present at a felony and doth not disturb it nor pursue the felon is fineable Lam. 289. Dal. 292. Accessary after the fact Receiver of a felon knowing him to be one and suffering him to escape whether before or after attainder Crom. 41. a. nu 1. Dalt 294. Receiver or comforter of a felon with an evil intent Lam. 289. Dal. 294. Arrester of a felon by hue and cry taketh the goods and letteth him go Lam. 290. One pursuing a felon for his own goods taketh money of him not to give evidence against him whereby he is freed Lam. 290. Receiver or comforter of an accessary knowing thereof Lam. 291. Dal. 297. Receiver of ones brother knowing him to be a felon Lam. 291. Dal. 295 Receiver of an approver or one attainted or outlawed of felony knowing thereof Lam. 293. To harbour a felon attainted in the same County Cro. 43. a. nu 31. Dal. 294. But Lamb. 293. holdeth it reasonable that he first have knowledge of such a record Receiver of stolen goods knowing them to be stollen Cro. 41. b. nu 3. many authorities remembred but 42. a. nu 17. he saith that he must receive the felon also Vâ—de Cro. c. Vide Crom. 42. b. nu 23. 43. b. nu 37. Dal. 295. Who not Asutor by word or writing for the diliverance of a felon knowing thereof Lamb. 289 290. Dal. 294. Pursuer of a felon for his own goods taketh them again and letteth him go Lamb. 290. Dal. 296. Reliever or receiver of one bailed for felony Lam. 290. Cro. 42. b. nu 25 Dal. 294. Buyer of stollen goods knowing thereof Lam. 291. unless he receive the felon Crom. 42. a. nu 17. Dal. 295. The wise receiving the husband knowing him to be a felon Lam. 291 292. Dal. 295. Receiver of the striker of the stroke after the stroke and before the death Lam. 292. After acquital as principal one may be arraigned as accessary after the fact but not before the fact Lamb 292 557. Crom. 42. b. nu 18. One may be accessary to an accessary as if one feloniously receive or comfort an accessary Dalt 297. Lamb. 291. Cro. 42. b. nu 24. Who shall be said a Principal Those of the society of a felon and present at the fact though not actors Stamf 40. a. Cro. 22. a. nu 10 15. Dal. 291. An abetter procurer or receiver
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 Groâ—er Mercer Tailor Broker Husbandman Hostleâ— Lighter-man Waterman Labourer Laâ— 489. What not That which is no mystery nor degree â— 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 â—â—ming the place of his aboade Lamb. ibid. Affray and Affrayers An Affray may be without word or blow â—s to be armed with armour or weapon not â—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 Justicâ— of Peaâ— may bail the offender yet it is the safest waâ— to commit him till there appear some hopâ— of recovery Dal. 35. If an assault or affray be made upon Justice or Constable they may defenâ— themselves The Justice may cause them to be arrested the Constable may commiâ— them to the Stocks and after carry them before a Justice of Peace Dal. 35. Vidâ— 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. Vâ—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 â— pain of Praemunire 13 El. cap. 2. Dal. 105. â—â—e plus Treason Misprision and Praemunire Alehouses Two Justices one being of the Quorum â—ay licence one to keep a common Ale-â—ouse taking bond with good surety for â—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
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 â—o minister an oath to witnesses wherein â—ath of one witness is sufficient 1 Car. cap. 4. â— Iac. 9. 21 Iac. 7. The Constables and Churchwardens negâ—ecting to levie or to certifie the cause â—hereof by 20 daies to the Justice that granted the distress doe forfeit 40 shillings â—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. iâ— 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 Ibâ—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 â—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 â—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 againâ— 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 oâ— 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 Victualâ—ers Beggers vide Rogues and poor people Blockwood vide Logwood Bloudshed Presentment of bloudshed found in the Sheâ—iffs Turn and sent to the Justices of Peace an neither be traversed before the Justâ—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 â—ny Brass or Pewter but in open Market or Fair or in his house unless upon request of â—he buyer on pain of ten pounds for each offence 19 H. 7. c. 6. 4 H. 8. 7. and inquireable â—t the Sessions Lam. 621. All working hollow wares of other lay meâ—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 ibâ—d To command or procure one to do any unlawful against the peace if it after be done Menacings affaires assaults injurious anâ— violent handlings entreatings battery and malicious strikings imprisonment withouâ— warrant to thrust one into the water to enâ— danger him to ravish a woman to commiâ— felony or treason Dal. 181. Lam. 127. A Farmer Tenant or Commoner by threats or blows to repulse violence offereâ— 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 oâ— 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 iâ— 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 aâ— 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 mâ—â—â—er Dal. 184. Preservation of his own goods Ibid. Lam. 129. and Crom. 136. b. affirm that the Master â—ay beat him that doth assault or beat his â—ervant but Dalton maketh a quaere of it â—nd that a Master may onely with sword or â—aff defend him Dal. 185. Pax Reg. 5. To kill or hurt one at fence play tilt turâ—ament or barriers in the Kings presence or â—y his command Dal. 184. Lam. 129. To take ones goods wrongfully if not from his person Lam. 130. Dal. 186. 210. is no forfeiâ—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
Champerty also maintenance conspiracieâ— confederacies giving of liveries other theâ— to menial servants and officers be containeâ— under the word Conventicles Lam. ibid. Conies vide Hunting Corn. Certificate of one Justice of Peace joyneâ— with the Customer of the place of unladinâ— and selling of corn grain or cattel carried bâ— water from one place to another of thâ— Realm unto the Customer and Controller oâ— the place where the same was imbarked iâ— sufficient upon the statute of forestalling 5 Eâ— 6. c. 14. 13 El. c. 25. One having sufficâ—ent corn buying seed without bringing so much as he buyeth to seâ— the same day as the Market goeth losetâ— double 5 Ed. 6. c. 14. Lam. 451. Vide plus Transportation Cutter and carriers away of corâ— Vide Hedge breakers Coroners Coroners ought to certifie their inquisitions at the general Goal-delivery and not at the Sessions 1. 2 P. M. 13. Lam. 395. Coroners being parties to the exigents and Judges of the outlawry ought to be present at the Sessions ibid. Coroners are Conservers of the Peace and may in some cases commit men to prison ib. Coroners may be convicted of offence against the statute of 1 H. 8. c. 7. by examination of witnesses and touching extortion or not executing their offices before a Justice of Peace Cro. 130. b. Lam. 434. Coroners fees vide Fees Cottages Any erecting or converting any dwelling to be used as a cottage for dwelling unless he lay four acres of his own free-hold inheritance lying near to the said cottage to be continually manured therewithall so long as that cottage shall be inhabited forfeiteth ten pounds except in a City corporate or market Town or ancient Borough or being the dwelling-house of workers in minerals coalmineâ— quarries of stone or slate makers of brick tile lime or coal not being above a mile from the works and onely used for the habitation of such workmen or for sailers or men of manual occupation for the making furnishing or victualling of ships and being within a mile of the sea at the side of some navigable river or a cottage for the keeper of forrests chase warren or park or cottage for a common herdsman or shepherd of any town or wherein any poor lame sick aged or impotent person shall dwell or hath been decreed to continue for a dwelling by the Justices of Assise or of the Peace in open Assises or Quarter Sessions 31 El. c. 7. 39 El. cap. 3. 43. El. c. 2. Lam. 476. 35 El. c. 6. for continuing the cottage 40 shill a moneth None to maintain or uphold any cottage not having four acres to it except as before ibid. Owner or occupier of a cottage must not suffer more housholds then one to dwell in a cottage 31 El. c. 7. except it be by order of the Justices at the Quarter Sessions with leave of the Lord of the waste at the charge of the Parish Hundred or County 39 El. c. 3. 43 El. c. 2. Lam. 611. Offences against the stat of cottages and in mates are to be heard and determined at the Quarter Sessions 31 El. c. 7. Lam. 614. and a decree may be made at the Quarter Sessions for continuance of a cottage that hath not four acres of land ibid. A Decree may be made at the Quarter Sessions for the continuance of a cottage that hath not four acres of land And the Justices may enquire hear and determine of cottages and inmates against the statute of 31 El. c. 7. Lam. 614. County A Justice of Peace in one County pursuing a selon into another County where he is taken he shall be committed to the Goal of the County where he was taken Dal. 297 298. Cozeners and Cozenage Any falsly and deceitfully getting into his possession money or goods of other mens by colour of false privy tokens of counterfeit letters and convicted thereof at the Quarter Sessions by examination of witnesses shall suffer any corporal punishment except death 33 H. 8. c. 1. Cro. 83. a. 130. b. Dal. 48. Lam. 442 535 569 690. Two Justices of Peace one being of the Quorum may bind over to the next Sessions any such suspected person or may imprison or bail them until the next general Sessions Dal. 48. One Justice of Peace as it seemeth may binds Cheaters to their good behaviour so to the Assises or Sessions or send them to the house of Correction Dal. 48. Crosses vide Agnus Dei Cross-bows and Hand-guns Every person may attach an offender against the statute 33 H. 8. c. 6. and carry him to the next Justice of Peace in the same County Dal. 65. The Justice upon due consideration may send the offender to the Goal till he have paid the penalty of the statute of 33 H. 8. c. 6. sâ— 10. li. The particulars of the said Statute 1. None under an 100 pounds per annum may shoot in or keep gun dag pistol cross-bow or stone-bow 2. No person may shoot in carry keep use or have any gun under three quarters of a yard in length if it be shorter every one having an 100 pounds per annum may seize the gun must break it or lose 40 shillings if he break it not within twenty daies Lam. 296. 480. but may keep the cross-bow or stone-bow Dal. 65. 3. No person not having an 100 pounds per annum may carry in his journy any gun charged or bow bent but onely in time and service of war or going to the musters 4. None may shoot in a gun near to a market-Town but in defence of his house or person or at a But. 5. The master may not command the servant to shoot except at a But or Bank of earth or in warre Exceptions out of the Statute 1. Shooting at a But or Bank of earth by serving-men whose masters are inabled by statute 2. Inhabitants of market Towns 3. Dwellers alone or near the Sea-side 4. Gun makers or Gun-sellers 5. Those that have placards may shoot according to their placards Dal. 65 66. Any under the value of 100 pounds per annum licensed to shoot in Cross-bow or Hand-gun is to present his name to the next Justice by him to be presented and recorded at the next Quarter Sessions or else the Justice to lose 20 shillings 2 Ed. 6. c. 14 Lam. 301. Quaere if this be now in use Any licensed at Quarter-Sessions to shoot â—n Hand-gun or birding-piece for Hawks-meat is to shoot only at fowl not prohibited â—nd to be bound in 20 li. 1 Jac. c. 27. Any two Justices of Peace may commit to â—he Goal for three moneths any that shoot with gun or bow at any Patridge Phesant house-Dove Mallard or at such fowl or at â—ny Hare 1 Jac. c. 27. If any person not having lands c. of the yearly value of 40 li. or not worth in goods 200 li. shall use any gun bow or cross-bow to kill any Deer or Conies except such person shall have any ground inclosed used for the
as well the offenders as witnesses Lam. 535. Where the examination of a Justice of Peace is the conviction of the party it ought to be upon oath but when it is but to inform the Jury upon that indictment it needs not ibid. Lam. 536. Examination of witnesses is to be taken as well against as for the King Dal. 308. but quaere whether it may be upon oath which maketh against the King Confession of an offender before a Justice of Peace is not conviction except he confess the same again upon his trial or arraignment Dal. 311. Justice of Peace may examine upon oath him that informeth against a felon for the informer may die before the assizes then the information without oath is not â— such validity Dal. 307. Lam. 215. Cro. 19 a. nu 5. Extolling forein power vide Treason Extortion Ordinary Archdeacon Official Sheriâ—â— Escheator Coroner Under-Sheriff Bailiâ—â— Goaler or other officer that by colour of hâ—â— office taketh more then his fee or any fee â—â— reward for expedition or unlawfully exacteth any oath or other undue thing Laâ— 434 c. Any thing taken colore officii is extortion but virtute officii is allowable Cro. 57. b. nu â— The Sheriff or Goaler taking any thing â— a Constable for bringing a felon to the Goaâ— it is extortion 4 E. 3. c. 10. Cro. 57. â— nu 5. The Goaler takes 8 pence of one in prisoâ— to let him have liberty easement or favour it is extortion Cro. 59. a. nu 26. If the Ordinary or his minister take any thing to allow a Schoolmaster to teach children 23 El. c. 1. Cro. 58. a. nu 13. If the Ordinary take ought for letters of administration or probates of Will where the goods amount not to above 5li wherein the writer shall have 6 d. only or if they be above 5 li. and not 40 li. the Ordinary 2 s. 6 d. and the writer 12. and if above 40 li. the Ordinary 2 s. 6 d. and scribe 2 s. 6 d. or 1 d. for every 10 lines ten inches long at the writers choice Cro. 61. nu 52. 21 H. 8. c. 6. it is extortion and the Ordinary forfeiteth 10 li. Vide Fees The Marshal detaining a Prisoner after he is discharged by the Court for any thing due to him but his fees Cro. ibid. The Ordinary eiting a lay person to appear in the Spiritual Court to depose there as a witness Cro. 59. b. nu 35 36 37. 60. nu 44 46 48. 231. a. Phitz J. P. fol penul it is extortion Vide plus Fees A man prescribeth to have four pence of every one whose beasts are taken in his ground damage fesant being imâ—ounded and to make amends to him at his will it is extortion if he take it Cro. 58. â— nu 18. To take any thing for a mortuary â—ontrary to the statute 21 H. 8. c. 6. where â—he goods come not to twenty nobles beâ—ides debts or for married woman or â—nfant or one that keeps no house or â—ayfaring man or any that is not resident where he died is extortion Cro. 59. a. nu â—7 21 H. 8. c. 6. To take above 3 s. 4 d. for a mortuary when the goods amount to 10 marks and under 30 li. or above 6 shillings 8 pence where the goods are 30 pounds and under 40 pounds or above 10 shillings where the goods are above 40 pounds the the debts payed is extortion Cro. 59. a. â—u 28. 21 H. 8. c. 6. Fairs and Markets HE that keepeth a Fair or Market in a Church-yard shall be fined Stat. Wint. 13 E. 1. c. 6. Lam. 419. False imprisonment vide Arrest False tokens vide Cozeners Fees The Sheriff shall have upon arrest by Bill Writ or Warrant 20 pence the Bailiff that maketh the arrest 4 pence the Goaler if he be committed 4 pence for the obligation 4 pence and no more on pain of 40 pounds 23 H. 6. c. 10. Cro. 58. b. nu 18. 176. b. nu 19. Bailiffs of liberties are to have like fees as the Sheriffs and their ministers have out of liberties and like punishment for extortion 27 H. 8. c. 24. Lam. 434. Cro. ibid. Clark of the Peace to be fined For taking above 12d for inrolling a bargain and sale of lands not exceeding 40 shill a year or 2 shill 6 pence if it do exceed 40 shill a year 27 H. 8. c. 16. and the Justice of Peace the like for taking above the said sums in the said cases Cro. 59. a. Lam. 436. For taking above 12 pence for a recognisance of one that taketh a rogue into his service for a year 14 El. c. 5. Lam. ibid. For taking above 2 shill for a licence and recognisance of a Badger Drover Leader or Kidder and registring the license of them both 5 El. c. 12. ibid. For taking above 12 d. for a licence and recognisance to shoot Hawks-meat 1 Jac. c. 27. Clark of a Justice of Peace to be fined for taking above 12 pence for a recognisance of an Alehouse-keeper 5 E. 6. c. 25. Lam. 436. Coroner refusing to do his office of one slain by misadventure without fees loseth 40 shillings 1 H. 8 c. 7. Lam. 434. Coroner taking above 13 shill 4 pence for doing his office of one slain and murdered of the goods of the slayer and murtherer if he have none of the town where he was slain in the day and was suffered to escape 3 H. 7. c. 1. Lam. ibid. Maiors to have for sealing Bushels and other measures a peny Weights viz. a hundred weight 1 peny half a hundred a halfpeny less a farthing and taking above they lose 40 shill 7. H. 7. c. 3. 11. H. 7. c. 4. Lam. 437. Parson Vicar or Curate taking above 4. pence for entring into the Church-book licence to eat flesh on fish-daies 5 El. c. 5. Or above 2 pence for the registring a Testimonial of any servant going from one place to another 5 El. c. 4. Lam. 435. Ordinary or his scribe or register that hath taken more for the probate of a testament or letters of administration then 6 d. for the scribe for writing the probate of the testament that shall be brought written in parchment and 6 d. for the administration where the goods be not above 5 pound if above 5 li. not above 40 pound then 2 shillings 6 pence for the Ordinary 12 pence for the scribe if above 40 pound 2 shillings 6 pence for the Ordinary 2 shill 6 pence for the scribe or 1 peny for every 10 lines 10 inches in length at the scribes election and the like for every copy of a testament or inventory or else after the rate of the lines as before loseth 10 li. and so much as is taken to the party 21 H. 8. c. 6. Cro. 61. a. nu 52. Lam. 434. Escheators fees vide Escheators Receiver Treasurer or Minister of the King that taketh of any that hath fee or pension of the King other fee then is
the death of a man â—ust find and apprize the Deodand It behoâ—eth the Town to see it forth coming for the â—heriff shall be charged with the price and â—all levy the same on the Town Dal. ibid. â—tam 21. If the slain be under 14 years of age noâ—ing is forfeited as a Deodand Dal ibid. Stam. â—1 c. Homicide by necessity is Commanded Tolerated Commanded An officer doth execution after judgement according to his warrant it is not properly homicide but justice Lam. 234. Dal. 252. If the officer doth not observe order of law it is felony in the officer Dal. ibid. Lam. 240. Stam. 13. If a stranger not lawfully deputed put to death one condemned to die it is felony Dal. ibid. Lam. ibid. It is not lawful for the Judge who codemned him to be put to death ibid. Tolerated One warranted to arrest one indicted â—â— felony upon resistance killeth him Dal. ibid. Lam. 234. Every private person upon hue and cry tâ— take a felon if he resist and will not yield may kill him ibid. Conducters of a felon to the Gaol upoâ— resistance or flight may kill him Dal. 253 Lam. 234. A prisoner in the Gaol attempteth to eâ—cape and striketh the Gaoler he killeth thâ— prisoner it is not felony ibid. Rioters forcible enterers or detainers thâ— shall resist the Justice of Peace or other thâ— Kings officers will not yield themselves being slain it is no felony Cro. 23. b. nu 2â— 30. b. 158. b. Lam. 235. Dal. 253. If an officer by virtue of the Kings proceâ—â— arresting one for debt or trespass is resistâ—â— and killeth the resister it hath been taken â— be no felony Dal. 253. Cro. 24. a. 30. b. Quaeâ— Cok. lib. 4. fol. 40. 41. To kill a true man in defence of house lands or goods is homicide by necessity Dal. 254. In all these former cases there must be inevitable necessity that the offender could not be taken without killing Dal. 253. Horses and Mares Any Justice may hear and take the claim of the owner of any horse c. which was stollen within six months after the sail thereof the proof to be made by two witnesses upon oath within forty daies next ensuing the said claim Dal. 73. Lam. 203. 31. Eliz. c. 12. The Justice of Peace may minister an oath to the buyer what money he paid bonâ fide so as the right owner repaying his mony may have his horse again Dal. ibid. Owner officer or ruler of any fair is to appoint an open place for sale of horses c. and a sufficient person to take toll or lose forty shillings for every fault and answer the party grieved 2 3 P. M. c. 4. Lam. 471. The sale of every horse not being according to the stat in every point is void Dal. 73. Lam. 472. 1. The horse must be one hour at the least in the place of the open fair 2. All the parties to the bargain being in â—he fair must come with the horse to the book-keeper 3. The book-keeper must take perfect knowledge of the seller and of the voucher of the Christian name surname mystery and place of dwelling 4. The voucher must know the seller indeed and declare to the book-keeper the Christian name surname mystery and dwelling as well of himselfe as of the seller 5. The book-keeper must make a true and perfect entry of the sellers name and place of dwelling c. and of the true price forfeiture 31 El. c. 12. Every contract for a stollen horse out of the fair is void though it be after booked Dal. 74. A sale in open market shall not take away the owners property the buyer knowing that it was anothers Dal. ibid. All horses and all other goods are to be sold in such a place or shop as is commonly used for the selling of goods of the same kind to alter the property Dal. ibid. A thief selleth a stollen horse by a false name and is so entred in the toll-book such mis-naming maketh the sale void against the owner Dal. 74. Horse-bread Inholder in a corporate or market Town where there is a common baker that hath been an apprentice therein seven years may not make horse-bread within his house 32 H. 8. 41. 21. Jac. c. 21. Inholder or ostler in a thorow fair Town being no City town corporate or market town being a baker and one that hath been an apprentice therein seven years may make horse-bread within his house 21 Jac cap. 21. The horse-bread must be sufficient lawful and of due assize according to the price oâ— corn 21 Jac. 21. Penalty 1. Fine 2. Imprisonment for a month without bail 3. Stand in the Pillory without redemption of money 4. Forejudged for keeping Inne again 21 Jac. c. 21. Vide Inne-holder Hospital The Bishop and his Chancellour with two Justices of Peace next inhabiting may charge â—he collectors of a revenue of an Hospital upon a pain presently to account and to imploy the surplusage to the use of the Hospital Lam. 356. 14. Eliz. c. 5. 39 El. c. 18. Hospitality vide Religious house House 1. A mans house is his castle for defence Dal. 209. 2. It protecteth against any arrest at the suit of any subject ibid. 3. In some cases it is a privilege against the Kings Prerogative for it hath been adjudged that Salt-peter men may not digge in a Mansion-house without the owners consent ibid. Coke lib. 11. fol. 82. Thieves or murderers attemping to rob or murder a man in his house he may assemble company and kill any of them and forfeiteth nothing ibid. He may beat him that will enter upon hâ—s possession but may not kill him Quaere if he may hire strangers to aid him or put his ordinary company in armour Dal. 209. Vide plus Homicide House of Correction House of Correction with implements and backsides fitting for setting on work idle persons to be erected and provided in a convenient place in every County before Michaelmas 1611. the same to be conveyed over to such as by the greatest part of the Justices at the Quarter-Sessions shall be chosen to be imployed for setting on work idle and disorderly persons on pain of 5 li. for every Justice of Peace the one moiety to the informer the other towards the erecting of the house â— Jac. c. 4. Master of the said house to be appointed by most of the Justices at the Quarter Sessions next after providing of the said house who is to set on work and moderately to correct by whipping or fettering such persons as shall be sent to him 7 lac c. 4. Master of the house of correction giving sufficient security for performance and continuance of his service is to have yearly such money as by most of the Justices at the Q. Sessions shall be thought meet to be paid quarterly by the Treasurer or else the master to levy it in such sort as the Treasurer may 7 Jac. c. 4. Constables shall appear before the Justices
a Justice of Peace being assaulted may commit the offender to prison Cro. 68. a. Lam. 134. Dal. 352. So Crompt thinketh that a Justice of Peace may record a forcible entry made upon his â—own possession and commit the offender Cro. 67. b. 68. a. nu 4. Justice of Peace chargeth one that maketh an assault or affray to keep the peace who answereth he will not the Justice of Peace may bind him to his good behaviour Dal 195. Justice of Peace must proceed by the prescript of the commission and statute Dal. 20. Where the statute referreth the trial c. 10 the Justice of Peace his discretion it seemeth he may examine upon oath Dal. 22 155. One Justice of Peace ought not to bind one to appear at the Q Sessions to answer his fault committed against a penal law except the statute of Labourers Lam. 187. Dal. 339. Every Justice of Peace is a conservatour of Rivers within his County Lam. 189. Justice of Peace not giving remedy to the party grieved in a cause that may be heard determined and executed by him upoâ— complaint to the Judges of Assize or the Lorâ— Chancellour is to be put out of commission bâ— the Lord Chancellour and punished accoâ—ding to his desert 4 H. 7. c. 12. Lam. 370. Crâ— 120. b. nu 6. Dal. 353. One Justice of Peace may command fresâ— suit hue and cry and search to be made by officers and others after thefts robberies injoyn watches for the arresting of suspecteâ— persons and night-walkers high-waies to bâ— enlarged that two Constables be chosen in every Hundred forbid Fairs and Markets iâ— Church-yards command all between 15 anâ— 60 to be sworn to the peace charge the Constable to arrest all such as be suspected to bâ— draw-latches wasters or robbers of men Lam. 185. Justices of Peace taking bond in his own name and not Domino Rigi in a cause touching the King is to be imprisoned 33 Hen. 8. c 39. Lam. 102 143. Justice of Peace at their Sessions are of equaâ— authority Lam. 385. Vide Cro. 122. a. nu 33. Justice of Peace must send his prisoner to thâ— common gaol Lam. 133. 5 H. 4. c. 10. A felon is brought before a Justice of Peacâ— upon suspition though it appear to the Justicâ— he is not guilty yet he may not set him at liberty but so as he may come to his trial Lam 233. Dal. 279 304 353. Cro. 40. b. nu 20. otherwise it will prove a voluntary escape iâ— the Justice for he is not to be delivered bâ— any mans discretion Dal. 8. Lam. ut supra A man is arrested for felony by a Constable or other who afterwards hath knowledge that there is no such felony done the opinion of Kâ—ble Comsby and Serjeant Frowick was that he might set him at liberty but if one be killed and another be arrested for suspition â—hough after he know the arrested is guiltâ—ess or was arrested for malice he ought not â—o set him at liberty but must be delivered by course of law otherwise it is felony Cro. 40. nu 20. b. Justice of Peace dwelleth or is in another county he cannot cause one to be brought before him out of the county where he is Justice into another county Dal. 23. Cro. 120. b. nu 12. What things Justices of Peace ought to do ex officio Record a demurrer upon the evidence Lam. 539. Give day to the party to bring in a Record that is before other Justices which is pleaded by way of justification Lam. 539. If thinking an enditement to be void they have discharged the prisoner paying his fees yet upon change of their opinion they may stay him any time before judgement Lam. 540. Justices of Peace ought not to suffer the King to be disadvantaged if they may lawfully prevent it Lam. 540. In absence of the Kings Atturney the Justices of P. may take issue with one that pleadeth a pardon that he is one of the parties excepted Lam. 540. Justices of Peace cannot acquit felons by proclamations but if no prosecution be theâ— are to keep them till the coming of thâ— Justices of gaol-delivery Lam. 550. Justices of P. may enquire of all manner oâ— felonies at the common law or given by any statute and of all manner of trespasse done against the peace of the King and of such trespasser wherein action of the case will lie â—â—â— trespass or deceit for in the end of the Wriâ— grounded upon the case it is contained contrâ— pacem nostram Cro. 8. a. nu 25. Justice of Peace shall be punished for conspiring with another to indict a stranger aâ— the Sessions but not for a thing done by hiâ— in Sessions as a Judge Cro. 122. a. nu 32. One Justice of Peace rebukes another neither he nor any of his fellow Justices can commit him for all are by one authority anâ— therefore hath no remedy if the King will noâ— remove him but if one Justice abuse anotheâ— in open Sessions it seems the rest may bind him to the Peace Cro. 122. a. nu 33. 134. b Lam. 385. Defaults against the statute 3 Hen. 6. c. 11. â—oâ— levying of wages for Knights of the shire arâ— to be heard and determined by enquiry foâ— the King or action for the party before thâ— Just of Peace Lam. 512. Justice of P. needs not to shew his commission by which he is made Justice when he justifieth the doing of any thing as a Justice for he is Justice of Record and the commission remaineth with the Custos rotulorum of the said County and he is called by the commission in open Assizes and Sessions Cro. 120. b. nu 13. Lam. 387. Justice of Peace hath a Record in his hands and is discharged of his office he cannot certifie the same without a Writ of Certiorari although he be made Justice afterwards Cro. 121. a. nu 15. 132. a. Justice of Peace may have his action of the Case against him that calleth him False Justice of the Peace It seemeth also that he may be indicted for they may enquire of all trespasses where a man may have his action of the Case Cro. 121. a. nu 21. 122. a. nu 29. Quicquid Justiciarius fecerit de Recordo â—gnoranter pro defectu scientiae non erit pro â—o punitus Sicut accidit de Seneschallo libertaâ—is Abbatis de Crowland qui colore libertatis de Infangthefe judicavit hominem mori contra â—egem pro eo libertas seisita fuit in manus Regis nulla poena Seneschallo Cro. 121. b. nu 24. â—usticiarius non potest puniri pro re per ipsum â—acta judicialiter sed Officiarii ut Vicecomes alli Officiarii be Recordo erunt puniti Cro. 122. a. nu 28. Justice of Peace certifieth into the Kings Bench that such a man broke the peace in â—is presence the party shall be put to his â—ne without any Traverse to the same Cro. â—32 a. Justice of Peace who is of the Quorum â—ught to
be resiant within the County â—here he is Justice of the Quorum 2 H. 5. c. â— Cro. 122. a. nu 34. Justice of Peace was put out of Commisâ—ion in Camera Stellata for that he refused to â—ake surety of the peace of one that came â—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 iâ— 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 â— and that Town hath Justices within it self â— the Justices of Peace shall not intermedlâ— 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 labouâ— by his discretion to work by the day in haâ— 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 â—eal may licence labourers in hay and harâ—est time to go into another country to work Dal. ibid. One Justice of Peace upon complaint may â—ompel meet persons to be bound as apprenâ—ices to husbandry or any other art c. and â—or refusal commit them to ward there to remain untill they be bound to serve according â—o the statute Dal. 77. 5 El. c. 4. One Justice of Peace may take order beâ—wixt the master and apprentice for want of â—onformity in the master bind him over to â—he Q. Sessions where four Justices one being of the Quorum may discharge the apprenâ—ice and if fault be in the apprentice inflict â—ue correction Dal. 78. but if the first Justice find fault in the apprentice quaere if he may â—y 7 Jac. c. 4. send him to the house of Corâ—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 deparâ—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 Warâ—ant to attach a servant departing to be at â—he Sessions or may send him to the house of Correction Dal. 78. Two Justices of Peace upon complaint that â— servant departed before the end of his term â— 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. â— 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 proveâ— 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 â—loathing Wooll-weaver Tucker Fuller Cloath-worker Sheerman Dier Hosier Tailer Shoomaker Tanner Pewterer Baker Brewer Glover Cutler Smith Farrier Curâ—ier Sadler Spurrier Turner Capper Hatmaker Felt-maker Bowyer Fletcher Arrowâ—ead-maker Butcher Cook or Miller for â—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. â— 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
feloniously that liveth within the Realm or under the protection of the King whether it be openly or privately and whether the party slain be English or alien Lam. 237. Cro. 21. a nu 1. Dal. 241 239. The killing shall have relation to the death and not to the stroke Cook 4. 42. Cro. 2â— a. nu â— Malice is Expressed Cro. 21. a. Dal. 24â— or Implied Lam. 239. Malice is Expressed or Implied Malice expressed is when it is known that there is malice between them Cro. 21. a. and is apparent and where there is a precedent falling out or lying in wait or time and place appointed Dal. 241. Lam. 238. Malice implied is when one is killed suddenly without defence Dal. 241 Cro. 21. a nu 2 As where one killeth another without provocation Lam. 239. Dal. 241. One busied as reading going over a stile c. killed Cro. 27. a. nu 20. Dal. 241. One stabbed not having weapon drawn 1 Jac. c. 8. To kill an officer known in executing process Dal. ibâ—d To kill an unknown officer if he shew his warrant and if an officer hath the Kings writ or lawful warrant though it be erroneâ—us and slain in executing it it is murder â—am 240. Dal. 241. To kill any magistrate or minister of Juâ—â—ice in executing his office or in keeping the â—eace Dal. 242. Cro. 25. b. nu 51. A rioter killeth an officer or an assistant â—oming to suppress a riot it is murder in â—ll the rioters Cro. 23. b. nu 28. Lam. 241. Dal. 242. A Constable parting an affray or any of â—is company coming to aid him although â— was suddenly and in the night Cro. 25. a. â—u 51. Dal. 241. A thief killing a true man in resisting it is â—urder of malice prepensed Lam. 241. Dal. â—41 Cro 22. a. nu 13. 1 A man carried his sick father into the â—rost whereby he died Lam. 240. Dal. 242. 2 An harlot hid her child and covered it with leaves and a Kite struck it and killed â—t Dal. 242. Lam. 240. 3 The owner knoweth his beast to be acâ—ustomed to hurt and doth not tie him up â—nd after the beast killeth a man Lam. 239. Dal. 242. In these three cases voluntas reputabitur profacto for it sheweth that they had a will to hurt and the will doth amount to mulice Dal. ib. and so to murder One having malice against another assaulteth that other and after flyeth to the wall and then killeth that other it is murder for he slew him in the said malice wherein he did assault him Lam. 239. One condemned to die is killed by a private person without warrant or by the Officer contrary to the judgement it is murder Lam. 240. Prisoner killed by his Goaler by over-hard keeping it is murder Lam. 240. One commandeth his servant to beat a man who beateth him so that he dieth thereof it is murder in the commander Dal. 245. murder in both if it be in the commanders presence Lam. 241. Many come to doe an unlawful act and one in doint thereof killeth a man it is murder in all although they did but look on Dal. 245 253. Cro. 22. a. nu 10. 24. b. nu 43. Lam. 241. Stam. 40. If they be not present yet if they be in the same house or upon the same ground it is murder in all Dal. 245. Cro. 25. â— nu 5. Lam. 241. All present and aiding abetting or comforting another to do murder are principals Dal. 245. Lam. 243. Cro. 22. a. nu 15. Two appoint the field and meet and bring company with them and one of them is slain it is murder in all that came with the murderer Dal. 245. Murder is intended to one and he killeth another it is murder Lam. 243. Dal. 244. A. woundeth B. in fight and after they meet suddenly and fight if B. kill A. it is murder for it is intended malice upon the former hurt but if A. kill B. it is but manslaughter for the hurt did appease his former malice Lam. 251 238. Dal 243. Two in suit meet and quarrel and the defendant killeth the plaintiff quaere if it be murder Dal. 244. Two fight upon malice and one of them killeth one that came to part them it is murâ—er in both Dal. 244. Lam. 242. The owner rebuked one stealing his pears â—ho killed the owner it was adjudged murâ—er Dâ—l 245. Lam. 241. Cro. 24. a. nu 34. Porsoning of another wilfully whereby he â—eth is and was murder by the common â—â—w Dal. 244. The party poisoned must die within a year â—nd a day after the receiving of the poison â—al 246. After the beating or hurting another to â—ake murder or other homicide the year â—nd the day is reckoned from the stroke giâ—en Dal. 246. Cro. 23. b. nu 54. An appeal hath relation to the death ibid. A â—oman delivered of a bastard endeavouâ—ing privately either by drowning or by seâ—ret burying to conceal the death thereof as â—hat it may not come to light whether it â—ere born alive or dead but be concealed â—hall suffer death as in case of murder except â—e make proof by one witness that the child â—as born dead 21 Jac. c. 27. Justices of Peace may take Endictmentâ— of â—urder as of murder Lam. 493. A man hath a horâ—e that will strike such as come near him his master knowing it rideth among people the horse killeth a man it is felony in the master Dal. 242. Lam. 239. Cro. 24. b. nu 45. Indictment of murder must expresly have murdravit for ex malitia praecogitata voluntate felonicè interfecit is not sufficient Cro. 101. a. nu 4. Musters Convicted before the Justices of Peace â—â— offence against the Statute of musters shalâ— be imprisoned 10 daies without bail unless â—e pay the forfeiture being 40 s. which is see absence without reasonable excuse or not shewing his best furniture being commanded 4 5 P. M. c. 3. Lam. 349 482. The party that sueth upon the Statute of musters is to recover the forfeiture belonging unto him by action or bill of debt ibid. Lâ—â— 583. Name THE names and surnames of the party indicted must be certainly expressed and if the indictment be of an accessary in felony the name of the principal must be set down also Lam. 488. Vide Additions Nets vide Hunting Partridges and Phesants News Contriver speaker or teller of false or counterfeit news whereof discord c. may arise betwixt the King and his Nobles or any other false news lies or other false things of Prelates Dukes Earls Barons c. whereof discord and slander may arise within the realm shall be imprisoned till he finde out the author and if he cannot find him shall be punished by the advice of the Councel â—st 1. 3 Ed. 1. c. 33. 2 R. 2. c. 5. 12 R. 2. c. â— 1 2 P. M. c. 3. Dal. 326. Next Justice Where the Statute of 13 H. 4. c. 7. willeth â—e Just of Peace most nigh in every Counâ—â—
where such riot or rout shall be to do exâ—â—ution of the Statute under pain of 100 li. â— any other Justice that be not next unto â—e place shall execute the Statute it will exâ—use the next because all have power alike â—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 Câ—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 birâ—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 Sâ—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 â— is taken in malam partem and is extortion â—nd the office is but a veil to cover the fault â—ut when it is ratione or virtute officii then it â—â— in bonam partem Cro. 57. b. nu 2. Ordinary His Fees vâ—de Fees The Ordinary oweth not his attendance at â—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 oâ—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 â—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 Deputâ—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 theâ—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 judâ—cature or office being no office of inheritance or ministerial function or practice of the Law Civil or â—ommon or the science of Physick Surgery â—r the art of Apothecary or any liberal â—ience 7 Iac. c. 6. One Justice of Peace to whom complaint is â—ade may commit to the gaol without bail â—ll the next Assizes gaol-delivery or Quessions any above the age of 18 years under Baron or Baroness which stand presented â—dicted or convicted for not coming to â—hurch or not receiving the Communion â—r which by the Minister pety-Constable and â—hurch-warden or any two of them shall be â—mplained of to any Justice of the Peace and â—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 â—8 or above under the degree of a Baron or â—aroness to take the oath of allegeance and â—n refusal to commit him to the gaol without â—ail till the next Assizes or Quarter Sessions Iac. c. 6. Lam. 363. Where the examination of a Justice of P. is â—he conviction of the party there it ought to â—e upon oath but wheâ—e it is but to inform â—he Jury upon the indictment it needeth not â—am 536. Dal. 159. Though the statute doth â—ot expresly say it shall be upon oath Dal. â—â—id In cases of felony it seemeth convenient â—â—at the information be upon oath otherwise â—â—e examination shall not be given in eviâ—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 â— the Q. Sessions of such as formerly refused thâ— same and being there tendred and refused the refusers other then Noblemen and women incur Praemunire except women covert whâ— 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 oâ— within a month after by two Just of P. onâ— being of the Quorum under their hands anâ— 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 aâ—â— married and unmarried which have noâ— means to maintain them and may raiseâ— 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 â—ind apprentices may take and keep them as â—pprentices and the overseers may with the â—ssent of two Justices of Peace one being of â—he Quorum in their respective limits where â—here be more then one or by assent of one Justice of Peace where there be no more â—et up use and occupy any trade mystery or â—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 treaâ—on availe him that is indicted of murder â—ithout the word proditoriè Lam. 560. A general pardon coming betwixt the â—roke and the death of all misdemeanors â—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 â—â—dicted and outlawed of murder and after â—e pardon reverseth the outlawry Lam. 60. Cro. 116. b. nu 17. Pardon of attainder and execution for feâ—ony is not good for felony without words to â— pardon the felony it self Lam. 562. Pardon of a Goaler for escapes of felony â—nd traitors is not good for voluntary â—scapes Lam. 562. Pardon of two for all felonies done by â—hem or either of them will not serve for ofâ—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. â— Lam. 253. He that killeth one by misadventure shall have a pardon of course without suit Sâ—â—â— 16. Stat. of Glo. c. 9. in both cases the gooâ—â— are forfeited The manner of suing a pardon of course iâ— 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 muâ—â— sue forth a Certiorari to certifie the record â—â— the Lord Chancellour who shall make theâ— 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 â—â— 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 goâ—d behaviour for the space of seven years or elsâ— 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 aâ—â—inst the Statute of â—3 Eliz. cap. 10. for taâ—â—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 â—hat for two years after they shall not offend against the said Statute Dal. 87. Lam. 200. â—23 El. cap. 10. By 1 Iac. cap. 27. 1. He that shall shoot at â—ill or destroy with any gun cross-bow â—one-bow or long-bow any partridge pheâ—nt house-dove pigeon heron mallard â—uck teal wigeon growse heath-cock â—ore-game or any such fowl or hare 2. Or â—hall take kill or destroy any partridge pheâ—nt house dove or pigeon with setting-â—ogges and nets or with any manner of nets â—ares engines or instruments 3. Or shall â—ake or willingly destroy the eggs of any â—hesant partridge or swan 4. Or shall â—race or course any hare in the snow or shall â—ake or destroy any hare with cords or such â—nstruments 5. Or shall keep any greyâ—ound for deer or hare or setting dogges or â—eâ—s to take Phesants or partridges not haâ—ing lands of inheritance of 10 pound or 30 â—ound per annum for life or in goods 200 â—ound or be the son of a Knight or son â—nd heir apparent of an Esquire any of the â—â—id offences being proved by the parties conâ—ession or oath of two witnesses before any â—wo Justices of Peace of the County where â—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 thâ— poor there 20 shill for every hare fowl aâ—â— egge and 40 shill for having every such greyhound setting-dogge or nets or after thrâ—â— months imprisonment be bound with â—â— sureties not to offend in any the said particâ—lars which recognizances taken by two Justices of the Peace must be returned at the Quarter Sessions 1 Iac. c. 27. Dal. 89. Lam. 33â— By 7 Iac. c. 11. proof of one witness is suffâ—cient for the taking of partridges and phesanâ— with setting-dogges and nets or other neâ—â— snares or engines c. the punishment as â— Iac 27. Lam. 334. Killer of partridges or phesants with hawâ—â— or dogs by colour of hawking between thâ— first of July and the last of August upon conviction within six months after the offencâ— by the confession of the party or oath of two witnesses before two Justices of Peace is to be imprisoned one month without bail unleâ—â— he pay presently to the Church-wardens anâ— Overseers of the poor where he offended oâ— 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 neâ—s or otherwise except unwillingly by low-bel or trammel and there to let them go again loseth 20 shill â— 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 â—etting-dogs nets or other engines of any â—artridge or phesant except the owner of a Warren Lord of a Mannor or having lands of â—â—heritance in his own or his wives right of â—he clear yearly value of forty pound or for â—â—fe of eighty pound or goods worth 400 â—ound and their houshold-servants authoriâ—ed by them within their own grounds in the â—ay-time onely betwixt Michaelmas and â—hristmas upon conviction within six weeks â—fter the offence committed by confession or â—ath of two witnesses before two Justices of â—eace next the place of offence or apprehenâ—â—on to be imprisoned three months without â—â—il unless he pay immediately unto the â—hurchwardens and Overseers of the poor â— one of the said places 20 shillings and be â—and to the King by recognizance in twenty â—ound never to offend again the same to be â—â—rtified at the next general Quarter Sessions â— Jac. c. 11. Buyer or seller of hare deer partridge or â—â—esant except partridges or phesants bred â—o or brought up from beyond the seas â—â—seth for every deer 40 shill phesant 20 shill â—â—e or partridge 10 shill one moiety to the â—ormer the other to the poor of the parish â— Jac. â— 27. Constable by warrant from two Justices of â—e Peace may search the houseâ— of any not â—owed suspected to have any setting dogs â—nets for partridges and finding them may â—â—ke carry away detain kill or cut in piâ—ces â—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 phesanâ—â— in their own ground and when Vide 7 Jac. cap. 11. Peace Every private person that shall be present aâ— any affray assault or battery ought to paâ— them that fight and if he take hurt he shâ—â— have his action but if they resist him â—â— may not hurt them Lam. 131. Dal. 33. Every man may stay the affrayers till theâ— heat be cooled and then they may delivâ—â— them to the Constable to imprison them â—â— they find sureties of the Peace but they â—â— not imprison them unless the one of them â— in peril of death by some hurt for then aâ— man may carry the other to the Goal till â— be known whether the other will live or diâ— Lam. 131. Dal. 33. Br. Cro. 225. He which hath mortally hurt another flieâ— into anothers house any man that pursueâ— him with hue and cry and break open tâ— house enter and take him Dalt saith tâ— Constable may Lam. 131 132. Dal. 34. If an affray forcible entry or aâ— thing in disturbance of the peace be doâ— in the presence of a Justice of Peace â— may record it and certifie the same aâ— commit the parties presently Dal. 89. V Affray If the Justice of Peace certifie into tâ— 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 wilâ—l perjury in any case depending in Court â—f Record Leet Court-Baron Hundred-â—ourt or ancient demesn or hath corruptly â—borned any witness sworn to testifie in perâ—tuam rei memoriam or if any have upon such â—â—ocurement or by his own act wilfully comâ—itted such perjury the procurer shall forâ—it 40 li. and if not worth so much half a â—ars imprisonment without bail stand upon â—e pillory for one hour and be disabled for witness for ever after 5 El. c. 9. 14 El. â— p. 11. The perjured 20 li. and six months impriâ—nment and ever disabled for a witness and not worth 20 li. to have his ears nailed to â—e pillory 5 El. c. 9. 14 El. c. 11. 1 ac 25. Lam. 416. Crâ— 18. a. b. This offence be heard and determined in the Quarter â—â—ssions Lam. 609. â—xecution of the forfeiture
Lam. 132. The Sheriff or gaoler may imprison in his house or in the common gaol at pleasure Dal. 347. Quaere Cro 169. b. Lam. 133. Constable cannot imprison in his house but in the stocks and that but until he may provide convenient aid to convey him to the Justice of Peace or to the Gaol Dal. 348. Lam. 133. Just of Peace cannot commit felons to prisons which be not common gaols nor make gaol of their own houses Lam. 133. 5 H. 4. c. â—0 Cook 9. 119. b. 23 H. 8. c. 2. Dal. 347. Justice of Peace may commit to the stocks â—ome offenders against certain penal statutes Dal. 347. Breach of prison is the escape of a Felon â—hough not indicted out of the gaol stocks â—r possession of any keeper Lamb. 229. Dal. â—75 One imprisoned upon a capias pro fine is to â—e delivered upon payment thereof Lam. 574. â—r upon pledges by Recognizance for payment thereof Lamb. ibid. Prisoners Every one who is under arrest for felony â—s a prisoner as well without prison as in the â—tocks in the high-way or in the possâ—ssion of him that arrested or hath the keeping of him Dal. 275 343. To break prison is felony being committed for felony Lam. 228 424. It is no matter whose prison is broken whether the Kings or other persons whether it be common or private gaol or the Constables house or others house who hath the custody of him for felony Dalt 275. Stam. 31. Rescous to help a prisoner commâ—tted for felony to get away is felony Lam. 229 424. If an officer or other whatsoever by his wilfull default suffer a prisoner to escape it is felony Lam. 229 424. Prison-breach is to escape out of the stocks or out of any mans possession Lam. 229. A Constable voluntarily suffereth a thief to drown himself it is felony in the Constable Dal. 276. but if the thief kill hang or drown himself it is a negligent escape Dal. Ibid. Prisoner of sufficient ability shall bear his own charges and of them that shall be appointed to guard him to the gaol and he refusing the Constable of the parish where he dwelleth by warrant from the Justice that committed him may levy the same by distress and sale of his goods after apprizement by four of the parish the overplus to be delivered to the owner 3 Jac. c. 10. Prisoner not of ability and those that guard him to have their charges from the place of apprehension to the gaol born by the parish where he is apprehended the same to be equally taxed by the Constables and Church wardens and two or three of the Inhabitants and allowed by the Justice of Peace 3 Jac. c. 10. Any lawfully taxed for the charge of bringing a prisoner to the gaol and refusing to pay it to the Constable or other officer of the parish by warrant from the Justice of P. that committed him may levy the same by distress and after apprizement by four of the parish sale of the goods giving the owner the overplus 3 Jac. c. 10. Defendant in any action of a distress taken by force of the statute of 3 Jac. c. 10. may plead not guilty and give the special matter in evidence and upon recovery or non-suit shall have treble damages 3 Iac. c. 10. Prisoners discharged by Justices of Peace who take the indictment to be void may be stayed if they change their opinion before â—udgement Lam. 540. A man outlawed for felony is imprisoned amongst traitors and breaking prison setteth them loose this is rescous of a traitor and treason Cro. 35. a. nu 5 6. Privy Sessions vide Sessions Process Process hath the name because it proceedeth or goeth out upon former matter either original or judicial Lam. 519. Suggestions and informations whether by word or writing are but to stir up the Justices to commend the cause to the Inquest and not to award process upon them Lam. 509. unless it be in certain causes where it is especially given them by statute ibid. Authority to make process upon endictments is given to the Justices by words of their commission or by implication where the power of hearing and determining is given by their commission Lam 520. Process ought alwaies to be in name of the King with Non omittas c. with Teste of any two Justices under their hands sitting in Court Lam. 520. Dal. 412. No process plea or suit is to be discontinued by making a new commission of the Peace 11. H. 6. c. 6. 1 Ed. 6. c. 7. Lam. 520 See the end of 1 E. 6. c. 7. Process upon all endictments of trespass against the Peace or upon special statute is Venire facias and if he be thereupon returned sufficient then a Distringas Infinitè if he be returned Nihil habet then Capias alias pluries Exigent Lamb. 522 523. Dal. 412. Process upon the stat of unlawful games liveries maintenance archery c. Venire facias Capias Exigent 33 H. 8. c. 10. Quaere if it be not repealed by 37 H. 8. c. 7. Lam. 523. Process upon the statute of Victuals at tachments Capias Exigent Lam. 523 524. Process upon depraving the Sacrament is two Capias Exigent Capias utlegatum and may be sent by any three Justices into any shire one being of the Quorum Lam. 524. Justice of Peace may award process into a forein county against an accountant for money levied for making a gaol 25 H. 8. c. 5 5 El. c. 24. Lam. 525. Justices of Peace where the servant departed may award a Capias to the Sheriff of the shire whereinto he departed returnable before themselves 5 El. c. 4. So where a decaied bridge is in one county and the party or land chargeable do lie in another county Lam. 525. 22 H. 8. c. 5. One indicted of treason or trespass in one county is imprisoned in another the Justices may award Habeas Corpus to remove him before themselves Lam. 526. Process upon indictment of felony may be sent into any forein county 5 E. 3. c. 11. Lam. 527. Process upon indictment of felony is two Capias and an Exigent 23 E. 3. cap. 14. Lam. 528. Indictment of treason felony or trespass in one county nameth the indicted to be of another the first process shall goe into the county where he is indicted the second to the county where he is named to be returnable â—hree months after and if he be not to be found there then that Sheriff to make proâ—lamation at two County Courts before the â—eturn that he appear before the Justices of â—he County where the indictment is at the lay in the Capias and if he appear not an Exigent to be awarded 8 H. 6. c. 10. Lamb. 525 â—26 The two Justices of the Peace which have â—he over-sight of the Sheriffs books and of the â—merciaments upon suggestion may make process as in an action of trespass against the offenders of that stat to answer before them â— 1 H. 7. c. 15. Lam. 360.
No process is to be awarded by the Justiâ—es after outlawry but they are to certifie the â—utlawry into the Kings Bench Lam. 521 522. Process upon informations must be such â—s the statute whereupon they are grounded doth appoint Lam. 528. The Sheriff or his minister that hath arrested or caused any fine ransome or a merciament to be levied by reason of indictment or presentment at the Sheriffs turn or law-day without process from the Justices loseth 40 pound 1 E. 4. c. 2. Lam. 431 521. Informations made in the Sessions that an alehouse keeper hath done any thing whereby he hath forfeited his recogniz the Justices of P. may award process against him to shew cause why he should not forfeit his recognizance Lam. 524. but quaere what process Lam. 524. Process cannot be awarded by the Justiceâ— of Peace upon any forfeited recognizance except ale-houses but they must certifiâ— them to the higher Courts Lam. ibid. Proclamation Justices of Peace cannot acquit felons by Proclamation or without sufficient acquital anâ— if they cannot indict them they must remain till the gaol-delivery Lam. 549 550. The form of Proclamations to remove â— force upon a writ upon the statute of Northbampton vide Lam. 168 169. Dal. 61 62 Constable if any affray be dangerous may make proclamation Lam. 132. Dal. 33. maketh a quaere One Justice of Peace may make a proclamation in the Kings name to stay a riot Lam. 183. Quaere for the statutes 1 M. 12. 1 El. cap. 19. are expired Justices of Peace at every Sessions use to make proclamation that if any will inform for the King he shall be heard Lam. 520. Proclamation annexed to the statute of 4 H. 7. c. 12. is to be read every Q. Sessions or every Justice present loseth 20 shill 4 H. 7. 12. Lam. 633. Quaere if of force now Promoters vide Informers Prophesying Prophesier with intent to make rebellionâ— dissention loss of life or other disturbance â—n the Realm being convicted thereof before the Justices of Peace shall be imprisoned one year without bail for the first offence and forfeit also ten pound for the second offence imprisoned all his life and lose all his goods and â—hattels real and personal and to be impeachâ—d within six months 5 El. c. 15. Lam. 415 â—16 Purveyors If purveyors caterers or servants of any â—an but the King take any thing without â—he owners will or as they can agree and â—ake present paiment it is felony Lam. 231. Dal. 282. Cro. 48. a. Purveyor shall not take cart or other proâ—ision of any Prelate or Clerk Purveyor his deputy undertaker or serâ—ant maketh purveyance without warrant â—f any thing above 12 pence without conâ—â—nt of the owner it is felony 2 3 P. M. â—6 Lam. 422. Dal. 286. Cro. 48. a. Purveyor taking any carriage in other â—anner then is comprised in his commission is felony 36 Ed. 3. cap. 2. Lam. 423 Dal. â—86 Or any purveyance without commission â—nder the great Seal Dal. ibid. Cro. 48. b. it is â—â—lony Or make purveyance of goods above 12 â—ence without testimony and apprizment of â—â—e Constable and four honest men of the own and without delivering tales or Indenâ—ures under his seal testifying his purveyâ—nce it is felony Lam. 423. Dal. 286. Quaere if it be but of the value of 40 shill â—r under Quaere by whom the apprizement â—hall be made and between whom the Indenâ—ures shall be made Dal. 287. To take more victuals or carriages for the Kings house then he shall deliver to the same house is felony Dal. 287. To take sheep in their wools betwixt Easter and Midsummer at small prices and tâ— carry them to his own house to shear them Lam. 423. Dal. 286. 23 E. 3. cap. 15. is felony Quaere if the felony of purveyours by 36. E 3. c 6. be not altered by 23 H. 6. 1 2. Purveyour taking any thing of the value oâ— 40 shillings or under without present paiment loseth double the value of the thiâ— taken and the Constable upon request made not aiding him to resist the purveyour â—â— taking loseth double damages And any of the Kings officers procurinâ— any to be arrested or vexed for such resâ—stance loseth 20 pound 20 H. 6. c. 8. 2â— H. 6. c. 2. Lam. 439. Purveyour taking any thing of any man tâ— spare him is to be imprisoned two years paâ— treble damages and ransome Lam. 439. Purveyour taking corn by other measurâ— then the stricken bushel or by any morâ— then eight such bushels to the quarter anâ— that hath taken carriages therefore withoâ—â— making ready paiment is to be imprisoneâ— one year and pay five pound unto the Kiâ—â— and 5 pound unto the party 25 E. 3. c. 1. 3â— E. 3. c. 3 1 H. 5. c. 10. Lam. 439. Purveyor of timber or his deputy causinâ— any timber to be felled fit for barking bâ— only in barking time except trees for building or repairing the Kings ships or houses oâ— having taken any profit by the lops tops oâ— barks of any trees or having taken from the owner any more of any tree then onely the timber loseth 40 shill for every tree Lam. 438 439. 1 Jac. c. 22. Dockets of Purveyours ought to be deliverd over to the Justices of Peace at the next general Sessions and by the Justices to be certified to the Treasurer of the Kings houshold 2 3 P. M. c. 6. Lam. 614. Purveyour taking any provision for the Kings house by force of his commission and â—elling away the same his first taking is extorâ—ion and he is punishable as a trespasser if not â—s a felon Dal. 287. Undertakers deputies servants and all oâ—her which under colour of the Kings Commission to the Kings Purveyors do take any victuals against the statute are liable to the pains therein mentioned against purveyours 2 3 P. M. c. 6. Cro. 48. b. Justices of Peace are to certifie to the Treaâ—urer of the Kings houshould the dockets of purveyours brought to their Sessions by Constable that the serving of such Commissions and the true answering of purveyance may be better examined thereby Lam. 590. 2 3 P. M. c. 6. Upon malice prepensed to put out any ones eyes is felony 5 H. 4. c. 5. Cro. 49. a. Lam. 256 420. Dal. 280. Quarter-Sessions vide Sessions Rape or Ravishment DEflowring of a maid under ten years oâ— with or without consent is felony wiâ—â—out Clergy 18 El. c. 6. Lam. 256 421. Dâ—â— 290. Cro. 47. b. Ravishing of a woman against her wâ— without consent either before or after â—â— fact or being with force though after â—â— do consent is felony without Clergy Weâ—â— c. 34. 18 El. c. 6. Lam. 256 241. Cro. 47. b. Dâ—â— 290. To be present and aiding the ravisher rape Lam. 258. Cro. 47. b. Stam. 24. Dal. 29 No rape where the party deflowered concâ—â—veth with child Lam. 257. Dal. 289. Cro. â—â— b. Stam. 24. Deflowering of one kept as the deflowerâ—â—
concubine is a good plea upon an appeal tâ—â— it is no rape otherwise of another mans cocubine Lam. 257. Cro. 47. b. Stam. 24. Dâ—â— 290. Force without carnal knowledge is no raâ—â— Lam. 257 258. See the statute de Officio Coronatorii mâ—â— 4 E. 1. Complaint must be made within sodaies but otherwise in an appeal A woman that is ravished ought presenâ— to levy hue and cry and to complain theâ— presently to some credible persons Dal. â—â— Cro. 100. a. Stam. 22. indictment of rapâ— no time to be observed To ravish a woman who consenteth â— fear of death c. is ravishment for consâ—â— ought to be voluntary and free Dal. 290. â— 48. a. Consenting after rape doth not hinder â—ut that the husband and if she have no â—usband the father or next of bloud may â—ursue the ravisher to have him convicted â— R. 1â—3 Rates vide Taxation Rebellious assemblies The statutes 1 M 12. and 1 Eliz. are disâ—â—tinued Dal. 222. Recognizance Recognizance is a bond of Record testifyâ—â—g the Recognizer to owe a certaim sum of â—â—ny to some other and the acknowledgeâ—ent of the same is to remain of record and â—ne can take it but onely a Judge or Officer â— Record Dal. 334. Every Recognizance taken by a Justice of â—â—ace must be made by these words Domino â—egi upon pain of imprisonment of any perâ—â—n that shall take it otherwise 33 H. 8. c. â— Cro. 196. b. nu 11. Lam. 162. Dal. 175 â—9 Sureties in Recognizances ought to be Subâ—â—dy-men and they must be two besides the â—â—rty himself Lam. 101. Dal. 175. It is in the discretion of a Justice of Peace â—he take a recognizance ex officio to appoint â—â— allow the number of the sureties their sufâ—â—ciency in goods and lands the sum of moâ—ey and how long he shall be bound Dal. 174. â—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 oâ— appearance but generally to keep the peace is good Lam. 103. Dal. 176. Recognizance for the peace upon a suppâ—cavit is not of necessity to be returned until â—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 oâ— 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. â—41 Recognizances taken are to be certified notâ—ithstanding the death of the King Lam. 103. â— of the recognizer or of the party at whose it it was granted Lam. 113. The Recognizance being forfeited the Juâ—ces shall in discretion require new sureâ—s or commit him to prison Lam. 114. Dal. â—3 Recognizance of the peace brought into â—e Custos Rotulorum and not pursued by â—e party may be called upon for the King â— the Clark of the Peace ibid. Justices of the Peace cannot award process â—â—on a forfeited Recognizance but it must â— certified into the higher Court except reâ—gnizance for alehouses Lam. 589. Dal. â—7 Cro. 167. a. 196. b. nu 9. and the cause â— the forfeiture Dal. 177. Recognizances or examinations taken conâ—erning suspects or felons are to be certified â— the next general goal-delivery 2 3 P. â— M. c. 10. Lam. 212. Recognizances taken by a Justice of Peace â— officio are to be brought into the Custos Roâ—lorum at the next general Sessions Lam. â—9 Dal. 177. Cro. 139. a. but no pain by â—â—e statute of 3 Hen. 7. 1. if he do not Br. â—eace 11. None but the King can pardon a Recogniâ—nce once forfeited Lam. 111. Cro. 140. b. â—al 181. Recognizance taken where the Justice hath no authority is void And taken by authority if the Justice insert other matter â—it is voâ—d Cro. 196. b. nu 7. A Recognizance taken by a Justice of Peace is a matter of Record so soon as iâ— taken and acknowledged although it bâ— not made up but entred into his book nay although it be not entred Dal. 336. Staâ— 77. b. E. Brook Record 58. Reconciliation vide Treason Records Records be nothing else but memorials oâ— monuments of things done before Judgeâ— that have credit in that behalf Lam. 63. If a Record say any thing no man shall bâ— received to aver or speak against it â—â—â— 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 alâ— over them Lam. 64. The Record or Testimony of a Justice oâ— Peace is in some cases of greater force theâ— 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 noâ— 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 Justiâ—es by way of justification the Justices ought â— give him day to bring in the record Lam. â—65 A Justice of Peace upon a Commission â—eing convicted by oath of twelve men of â—mbezeling wilful rasing of an indictment â—â— maliciously enrolling that for an indictâ—ent which was not found or changing an â—â—dictment of trespass into an indictment of â—â—lony loseth his office and shall be fined and â—â—prisoned according to his offence Lam. â—31 To rase a record is felony yet if a Judge do embezel or rase a record it is but misprâ—sion in a Judge Dal. 283. Br. Coron 174. Treason 31. Embezeling of any record writ return panel process or warrant of Attorney â—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 â—â—ot to do with these felonies Lam. 5 9. Cro. 56. 8. H. 6. c. 12. Dal. 283. for that these records
supersedeas if the Sheriff have not made restitution before Dal. 214. Cro. 162. a. If restitution be made by Justices upon an insufficient indictment and it be removed into the Kings Bench the Court will restore the party put out by the Justice of Peace Dal. 215. Cro. 168. a. Causes to stay restitution 1. No restitution upon an Indictment to be made if the party indicted hath had the occupation or been in quiet possession three years together next before the day of the indictment found and his estate not ended which the party may alledge for stay of restitution until it be tried if the other will traverse or deny the same 31 Eliz. cap. 11. Dal. 219. 2. Certiorari 3. A traverse quaere Lam. 158. 4. Insufficiency of the indictment 5. Insufficiency of the Jurors not having 4â— shill land by the year Dal. 218. Lam. 152 Cro 165. b. Quaere Justice of Peace upon indictment found may give restitution as formerly to free-holders to tenants for years by copy of Couâ—â— guardians in Knights-service tenants by Eâ—git stat Merchants or Staple Dal. 207. 21 â—â—â— c. 15. The disseisee outeth the desseisor by forcâ— the desseisor shall be restored Lam. 148. Dâ—â— 217. Upon traverse the Justice may stay resttution Dal. ibid. The disseisee entreth peaceably and keepeth out the disseisor by force the disseisoâ— shall not be restored because the disseisoâ— had the younger title But the disseisee shaâ—â— be imprisoned and fined because he helâ— with force Cro. 162. b. 164. b. Dal. 217. The disseisee entreth quietly upon thâ— disseisor and so abide together divers daies then the disseisee putteth out the disseisoâ— by force the disseisor shall not be restored Dal. 217. Cro. 163. a. b. Wife children and servants do preserve possession but cattel on the ground do not Dal. ibid. Cro. 164. b. Two are in possession by several titles iâ— one house the law judgeth him in possessioâ— who hath the best right to the possession As A. enters wrongfully upon B. and botâ— do continue in the house afterwards F. puâ— out A. with force A. shall not be restored for A. never gained possession by his entry Dal. 217. Cro. 163. b. ' Two are joynt-tenants or tenants in common whereof one forcibly putteth the other out of possession Quaere what a Just of Peace may do therein for that his entry and possession is lawful Dal. 217. Pax regis 39. Restitution of stoln goods He that hath goods stoln if the felon be â—hereof indicted and arraigned and found â—uilty thereof or otherwise attained by reaâ—on of evidence given by the party robbed â—r the owner of the goods or other by their â—rocurement then the goods shall be restored â—â—ough they never made fresh suit Dal. 306. â—â—o 191. a. Lam. 586. And the Justices have power to award writs â— restitution 21 H. 8. c. 11. Lam. 586. Cro. â—1 a. Br. Restitution 22. Dal. 306. Executors shall have restitution after atâ—inder or conviction upon evidence by â—â—eir means given Dal. 306. Three are robbed restitution shall be oneâ—â— to such for whose goods the felon was inâ—â—cted Dal. 306. Cro. 191. a. A felon stealeth from several men is attainâ—d only at the suit of one the King shall â—ave the goods of those at whose suit he was â—ot attainted Dal. 306. There be divers thieves and onely one â—rincipal is attainted the robbed shall have â—â—stitution Dal. 307. If the felon sold the stoln goods in market â—vert or in a fair no restitution except he that bought them were privy to selony ibid Cro. 191. a. No restitution of stolen goods if he know not the felon Dal. 307. No restitution if the felon leaveth thâ— goods and escapeth and the Lord of thâ— Manour seiseth them Dal. 307. If the felon had not the goods in his posseâ—sion when he fled but left them elswhere they are not waived but the owner mâ—â— take them wheresoever he findeth them â—â— 5. 109. Dal. 307. A man had his horse stoln and so he puâ—lished it but knew not who stole it so thâ— he could not indict him c. It seemeth thâ— he shall not have his horse again for it wâ— his folly to publish that it was stoln â—â— he might have demanded it as lost Aâ— when he knew who took his horse might afterwards indict him Cro. 191. b. Return Recognizance taken by the Justice of Peaâ— ex officio ought to be returned at the next â—â— Sessions Lam. 109. Dal. 173. Cro. 139. a. Sâ—plicavit is to be returned into the Coâ— whence it came Lam. 107. Dal. 177. Return of a Recognizance upon a Supplâ—vit is not of necessity till Certiorari Lam. 10 Return of Jurors vide Jurors Vide Recognizance Release Certcate Riots Riot is where three or more persons disorderly assâ—mbled to commit with foâ— any unlawful act and do accordingly execute or attempt the same Lam. 176. Cro. 61. a. nu 2. Dal. 221. Three or more enter into land with force c. where their entry is lawful it is a riot Dal. 226. Cro. 64. a. nu 49. What Assemblies shall not be said a Riot 1. Sheriff or Bailiff levy people to serve the Kings Writs Lam. 178. Dal. 223. 2. Constable gathereth assistance of men with weapons to part an affray Lam. 178. 3. A man threatned to be beaten in his house assembleth company with force otherwise of a threatning to be beat as he goeth to market Lam. 179. Dal. 224. Cro. 64. a. nu 42. 4. Many assemble together and they know not to what end Lam. 179. Cro. 61. b. nu 7. Dal. 222. 5. Many assemble at a Church-ale or at a Christmas dinner and they suddenly fall out and sight Lam. 179. Dalâ— maketh quaere 223. 6. A number of women and children under the age of discretion flock together for their own cause unless moved by a man of discretion to do some unlawful act Lamb. 180. Dal. 226. 7. To gather meet company to carry away a piece of timber which will not be moved without a good many whereto I pretend right though in law it be anothers I am 178. yet if he use threatning words as to say he will have it in spight of the other or though he die for it his doing may then become a riot Dal. 225. Lam. ibid. 8. To meet to drink at an ale-house to play at foot-ball bucklers bear or bull-baiting dancing bowls cards or dice or such like disports Dal. 223. Lam. 178. Cro. 61. b. nu 7. 9. To use harness on Midsummer-day at night in London or on May-day in the countrey Lam. 178. Cro. 64. a. nu 43. Dal. 223. The master intending a riot taketh with him his ordinary servants who know not his intent it is no riot in the servants Lam. 179. Cro 61. b. 62. a. nu 13. Dal. 222. A Jury falleth out and fighteth it is no riot Dal. 222. Lam. 180. If any assemble for any disports as aforesaid with intent to break the peace and make an
to remain during the discretion of the Justices 19 H. 7. c. 13. Indictment of a riot is not good unless it say contra formam statuti inde editi provâ—si Cro. 102. a. nu 19. Rivers Every Justice of Peace is a conservatour of rivers within his county and may survey the wears in rivers that they be of reasonable wideness Lam. 189. Robbery Robbery is a violent taking away of any goods from any mans person with intent to steal them and putting him in fear thereby though the thing taken be but to the value of an half-peny Cro. 33. b. nu 1. Lam. 267. Dal. 260. But if a felon take money from me in the high-way and shall not put me in fear it is not robbery Dal. 260. Cro. 34. b. nu 12. Lam. 266. If a thief take nothing from my person but assaulteth me whereby he getteth any thing from me it is robbery Dal. 260. As 1. I cast my purse on the ground and he taketh it away Lam. 268. Dal. 261. 2. After assault he prayeth me to give him a penny and I do so Dal. 261. 3. If upon assault I deliver my purse Dal. 261. Cro. 34. b. nu 10. Lam. 267 268. 4. If flying from a thief I cast my purse into a bush and he doth afterwards take it away Dal. 261. Cro. 35. a. nu 10. Lam. 268. 5. If upon assault I flie away and my hat fall and the thief carry it away Cro. 35. a. nu 18. Dal. 261. 6. If a thief bid me deliver my purse without any force used and I deliver it and he finding but two shillings in it delivers it again Cro. 34. b. nu 10. Dal. 261. 7. If by threats he compel me to swear to bring him mony and afterward I bring him the mony accordingly Dal. ibid. Lamb. 268. In some cases it is robbery though the thief neither take it from my person nor assault me As 1. A thief taketh my goods openly in my presence against my will the fear is the like as if it had been from my person Cro. 34. a. nu 5. Lam. 269. Dal. 261. 2. To take a horse or a beast out of my pasture I looking on if the felon put me in fear Dal. ibid. Cro. 34. b. nu 5. 3. To make it robbery the person must be put in fear Cro. 34. b. nu 12. Dal. 261. 4. Two come to rob me and one acteth it being out of the sight of the other who after returneth to him it is robbery in both Cro. 34. a. nu â—0 Lamb. 270. 28. El. Pudseys case Dal. 262. To assault one to rob him without taking any thing is not robbery Cro. 34. a. nu 9. Dal. 261. After a robbery committed the Hundred must answer the loss if the robbers be not taken within 40 daies if it be done in the division of two Hundreds both Hundreds and the franchises within them must be answerable and the hundred wherein defect of fresh suit is the one moity Dal. 131. 27 El. c. 13. No person robbed shall bring any action upon the statute of Hue and Cry except he be first examined within 20 daies next before the action brought upon his corporal oath before some one Justice of Peace of the County where the robbery was committed whether he doth know any of them that did the robbery upon which examination if he confess he knoweth any of them then shall he before such action brought enter into recognizance before the said Justice effectually to prosecute such persons by Indictment or otherwise according to the due course of the laws of this Realm 27 El. c. 13. Lam. 202. Da. ib. After robbery committed the robbed shall not recover against the Hundred except 1. with all convenient speed he give notice of the robbery to some inhabitant neer to the place where the robbery was committed 2. He commence his action within a year and a day next after such robbery committed 3. He be examined ut suprà before a Just of Peace Dal. 131. Any two Justices of Peace in the Hundred one being of the Quorum may assess all towns and parishes in the said Hundred and Liberties therein upon recovery and execution had against any of the Hundred towards â—â—equal contribution which mony the Constable must deliver to the same Justices within ten daies after collection and they upâ—n request to those to whose use it was colâ—ected Dal. 132. Cro. 197. a. And the Hundred shall be assessed in like â—ort in default of pursuit of fresh Hue and Cry Dal. ibid. Robbery in a house doth not charge the â—undred whether it be done in the day or in â—he night ibid. The Hundred is discharged upon taking of â—ny of the offenders by pursuit Dal. 133. so if â—he party robbed take any of the offenders afâ—er Hue and Cry made Dal. ibid. Robbing of an house 1. Robbing a house or any out-house as a barn or stable in the day to the value of 5 â—hill 2. Robbing a house by day or by night any person being therein and thereby put in fear 3. Robbing any person in any part of his dwelling-house the owner or dweller wife children or servants being in any place within the precinct of the same sleeping or waking 4. Robbing any Booth or tent in fair or markeâ— the owner his wife children or servants being in the same sleeping or waking Aâ—l these are as penal as Burglary Dal. 287 Lam. 265. 39 El. c. 15. 21 H. 8. c. 1. 5 E. 6. c. 9 Rogues All persons here under mentioned being above the age of 7 years may be punished as Rogues Dal. 123. 39 El. c. 4. 1. All going about begging upon any pretence or colour though licensed by any subject except in some particular cases after mentioned Dal. ibid. Lam. 442. 2. All going about the country using any subtile craft or unlawful games as fortune-tellers juglers Dal. ibid. 3. All proctours patent-gatherers or collectors for prisons and hospitals Lam. 442. Dal. ibid. 4. All fencers bear-wards common-players of interludes and minstrels wandring abroad Dal. ibid. Lam. 443. 1 Jac. c. 7. 5. All pedlers pety-chapmen tinkers and glass-men wandring abroad 1 Jac. c. 7. Dalt ibid. Lamb. 443. 21 Jac. c. 28. 6. All wandring labourers able in body refusing to work for reasonable wages having nothing but labour to maintain themselves Dal. 124. Lam. 443. But such as are of any parish able to work and do not wander but refuse to work for the usual wages taxed in those parts are to be sent to the house of correction Dal. ibid. 7. Poor of the parish begging otherwise then is appointed them or begging by high-waies ibid. are to be sent to the house of correction 8. All pretending to be Aegyptians not being felons Dal. ibid. Lam. 443. 9. Soldiers or mariners that begg except soldiers or mariners having a testimonial from a Justice of Peace near the place of their landing with the place of their dwelling or birth to which they are to pass and
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 havâ— been punished by them or sent to the house oâ— correction and in default thereof be fineâ— under 40 shill as by the most of the Just shaâ— be assessed 7 Iac. c. 4. Dal. 130. No man is to be put out of the town wheâ— he dwels or sent to his place of birth or laâ— habitation but onely a vagrant rogue Daâ— 126. Res 9. Lam. 209. So of them whose terms of their houses arâ— expired and servants whose times of servicâ— are ended for they must provide themselveâ— houses anew if they be not impotent Dal 126. Dangerous rogues are to be banished oâ— condemned to the gallies by the Justices aâ— 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 â—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 inclosurâ— 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 aâ— 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 thâ— Quorum may award against one indicted upon the statute of 1 E. 6. c. 1. for depraving thâ— Sacrament a Capias Exigent and Capias â—tlegat into any shire 1 Ed. 6. c. 1. Justices of Peace in their Q. Sessions may enquire hear and determine of all recusantâ— and offences as well for not receiving thâ— Sacrament according to 3 Jac. c. 4. as noâ— repairing to Church And in their Sessionâ— wherein there shall be indictment takeâ— for not repairing to Church or not receiving the Sacrament to make Proclamatioâ— to render their bodies to the Sheriff beforâ— 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 alâ—owed by the Bishop or Ordinary of the Dioâ—ess the maintainer forfeits 10 pounds for â—ach month and the School-master to be â—mprisoned for a year without bail and disâ—bled 23 El. c. 1. Lam. 419. Any keeping a School or being a School-master out of the University except in pubâ—ick Grammer-school and except in such Noâ—lemen and Gentlemens houses as are not Reâ—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 â—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
time in the year v. z. the first week after S. Michael the Epiphany the clause of Easter after the translation of S. Thomas the Martyr which is J. July 2 H. 5. c. 4. Lam. 597. The Easter Sessions by 33. H. 8. c. 10. anâ— to be holden the Tuesday next after Low Sunday Lam. 605. Justices of Peace shall hold their Sessâ—ons four times in the year viz. Once within the Octaves of the Epiphany the second in the second week of Lent the third between the Feasts of Pentecost and St. John Baptist the fourth within the Octaves of St. Michael 36 Ed. 3. c. 12. Cro. 123. b. nu 16. Where Crompton noteth that by 12 R. 2. c. 10. it is ordained that the Quarter Sessions should be held every quarter of a year at the least and three daies if need be by which it appeareth that the usual day is not of necessity so it be kept within a quarter of a year Cro. ibid. By the statute 2 H. 5. c. 4. Justices of Peace shall keep their Sessions four times in the year viz. in the first week after S. Michael in the first week after the Epiphany in the first week post claus Paschae and in the first week after the Translation of St. Thomas the Martyr which is the 7 of July and oftner if need be Cro. 123. b. nu 17. Cro. 123. b. nu 18. saith that upon the stat of 17 R. 2. c. 9. which permitteth to keep Sessions so oft as is expedient in Kent they keep their Sessions at other times then the times appointed by 2 H. 5. c. 4. and that it is good The place where the Sessions are to be holden is aâ—bâ—trable and therefore though by summons they be to be kept in one place yet they may be kept in another but then there can be no amerciament for default of appearance Lam. 383 384. Two Sessions at one time for one County lawâ—ully summoned at two places both are good and appearance at one shall excuse default of appearance at the other and presentments taken before either of them shall be good Lam. 384. At a general Sessions all matters enquirable by Justices of Peace either by their Commission or by statute ought to be given in charge otherwise at a special Sessions Lam. 623. and may be held three dayes 606. 12 R. 2. c. 10. Two sorts of men owe their ordinary attendance at the Qu. Sessions viz. officers and ministers of the Court and Jurors of the County Lam. 386. Officers are the Custos Rotulorum where he ought to attend by himself or his deputy Lam. 327. The Clark of the Peace Lam. 393. The Sheriff Lam. 395. The Coroners Lam. 394. Ministers as Bailiffs of Franchises Constables of Hundreds the Ordinary Lamb. 395. Jurors for enquiry and trial Lam. 396. The Justices of Peace if need require may keep a special Sessions by virtue of their commission or by the statute 2 H. 5. c. 4. Lam. 623. Summons of a special Sessions is for the most part for some special enquiry and not to the general service of the commission Lam. 623. All matters within the commission or statute may at a special Sessions of the Peace be given in charge yet they are at liberty to give in charge either all or any of them Lam. 623 624. If two Justices of the Peace one being of â—he Quorum make a precept to the Sheriff for the holding a Sessions at such a place and day and to return a Jury before them other Justices cannot by their Supersedeas to the Sheriff inhibit him Cro. 122. b. but the King by his writ of Supersedeas may discharge it ibid. A man is bound to appear before a Justice of Peace within forty daies after in the mean time a general Sessions is kept he ought to appear before the Justices at the Sessions Cro. 123. a. nu 8. A Justice commands one on pain of 10 li. by his precept to appear at the next Sessions and he doth not no Scire facias shall go against him more then upon a Sub poena but it seemeth he may be attached upon a contempt Cro. 123. a. nu 9. All that come to the Sessions for publick service or upon compulsion upon complaint and examination of the matter upon oath shall be freed from any arrest upon Original process Lam. 402. Cro. 190. b. Justice of Peace may record a force if he be disturbed in coming to the Sessions so that he dare not go to the Sessions and they shall be convicted by that record Cro. 190. b. Sewers Commission of Sewers being expired six Justices of Peace two being of the Quorum may for one year after execute the laws of Commissioner of Sewers unless a new be published 13 El. c. 9. Sheep To transport sheep beyond the seas without licence or to procure the same is felony for the second offence 23 H. 8. c. 16. 8 Eliz. c. 3. Lam. 227 425. Any bringing sending or receiving into any bottomâ— any sheep alive out of the Kings dominions or procuring the same loseth his goods is to be imprisoned for a year and then in open market to lose his left hand 8 Eliz. c. 3. Lam. 456 457. Any keeping at one time above 2000 sheep of all sorts against the purport of the statute loseth 3 shill 4 pence for every sheep above 2000. 28 H. 8. c. 13. Sheriff The Custos Rotulorum or eldest of the Quorum in his absence is to appoint at Michaelmas-Sessions two Justices of Peace whereof one of the Quorum to have the oversight and controlement of the Sheriff Under-sheriff their officers and deputies and of their books and amerciaments in their County Courts and either of these two Justices or one Justice of the Peace may examâ—ne the Sheriff or Under-sheriff and plaintiff concerning the taking and entring plaints in their Courts and books against the statute 11 H. 7. c. 15. Dal. 136. Lam. 201 295 600. The particulars are Dal. 137. Lam. 431. 1. If any plaints be entred in their books in any mans name the plaintiff or sufficient Attourney not being in Court 2. If the Plaintiff find not pledges to pursue his plaint viz. such as are known in that County 3. If they enter more plaints then one for one trespass or contract 4. If they enter more plaints then the plaintiff supposeth he hath cause of action for against the defendant If upon examination the Justices finde any default it shall stand for conviction without further enquiry or examination and they forfeit 40 shill to the King and to the informer for every default and the Justices must certifie the examination to the Exchequer within a quarter of a year on pain of 40 shill Dal. 137. The like for Bailiffs of Hundreds in not warning the defendants to appear Dalt ibid. Sheriff shall make no estreats to levy their Sheriffs amerciaments untill the two Justices have had a view and oversight of the books the said estreats shall be indented betwixt the
be further punished at the disâ—â—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 â—esort to their Parish Church or Chappel accustomed or upon reasonable let to somâ— usual place where Common prayer shall bâ— used upon every Sunday and other day ordained and used to be kept holy-day and thâ—â— and there to abide orderly and soberly during the time of common-prayer preaching or other service of God or lose twelve pencâ— 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 bâ— Popish Recusant convict or not convict ibid. If any subject do not resort and repair everâ— Sunday to some Church or Chappel or somâ— usual place appointed for Common-prayerâ— and there heare divine Service according tâ— the statute 1 El. cap. 2. it shall be lawful for â— 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 thâ— Church wardens of the said parish under hiâ— hand and seal to levy twelve pence by distresâ— 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 3â— 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 upâ—n view of one Justice of Peace confession of â—he party offending or oath of one witness to â—e levied by warrant of the said Justice under â—is hand and seal to the Constable and Church-wardens in default of distress the â—ffender to sit in the stocks three hours The â—ffender to be questioned within one month â— Car. c. 1. Dal. 63. Carriers waggoners wayn-men drovers â—hall not travel with horse wagons carts or â—attel upon Sunday upon pain of twenty shill â—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 â—rge new sureties the party may refuse and if he be committed he may have his actioâ— 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 â—upplicavit the recognizance would be taken â—ccording to the form of the Precept Lam. 96. Dal. 172. Certiorari to remove a record is in it selfe a â—upersedeas to the Justices yet the party may â—ave a Supersedeas to the Sheriff that he arrest â—im not upon the Justices record Lam. 515. Whether the Justices ex officio after a Certioâ—ri ought to award their Supersedeas to stay â—roceeding upon the record quaere Lam. ibid. An Exigent awarded against one indicted of â— trespass before the Justices of Peace may be â—ayed by Supersedeas out of the Chancery â—pon surety found there to appear at the day â— the Writ though he be taken upon it Lam. 526 527. So by Supersedeas granted by two Justices of â—eace one being of the Quorum testifying â—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 â—t shall be delivered may keep it and deliver â—he label to the party Dal. 173. Supersedeas granted for the Peace or good â—ehaviour out of the Chancery or K. Bench â—s void unless it be upon motion in open Court and upon sureties of five pounds in â—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. â— 8. Dal. 174. Whether the party bound sending â—â— Supersedeas to the Sessions be discharged â—â— his appearance there quaere Da. 173. Lam. 11â— the precedents are that the party appeareâ— and prayed allowance c. Supplicavit He onely to whom the Writ of Supplicavâ—â— is delivered must execute it Dal. 186. The Justice that receiveth the Writ maâ— make the warrant to the Constable or otheâ— party indifferent and
if he refuse to findâ— sureties to carry him to prison Dal. 186. The party attached can be bound onely â—â— fore him that sent out the Warrant Dal. 186 The Justice is to execute the Supplicavit aâ— it directeth Dal. 187. If the sums be left to discretion it is safe tâ— 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 Certioraridâ— come to him Lam. 109. Dal. 190. Supremacy To refuse the oath of supremacy the firâ—â— offence is Praemunire the second Treason â—â— 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 comâ—and the Peace either as a Judge or a Miniâ—â—er Da. ibid. Justice of Peace may command surety of â—e Peace either of his own discretion â—â— 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 Juâ—â—ice himself or an assault 2. Such as in his presence make an affray â—pon another or offer to strike another 3. Such as in his hearing shall threaten to â—ill beat or hurt another or to burn his house 4. Such as in his presence contend only in â—ot words 5. Such as in his presence go or ride armed â—ffensively or with unusual number of serâ—ants or attendants and servants and laâ—ourers that bear any weapons contrary to â—he statute of 12 Ric. 2. c. 6. 6. Any person by him suspected to be inâ—lined to break the Peace 7. If the Constable bring one before him â—hat shall threaten to kill maim or beat anoâ—â—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 â—he door and bring them before a Justice of Peace to be bound 10. He may make his warrant for such â— have made an affray and bind them to thâ— peace 11. If one have received a wound he maâ— bind the one and the other till the wound bâ— cured and the malice over 12. Such as go or ride armed offensivelâ— to fairs or markets or wear or carry dags oâ— pistols charged 13. Common Baretors Dal. 163. 14. Rioters 15. Him that standeth bound to keep thâ— peace and hath forfeited his recognizance bâ— breach of the peace but not till he be convâ—cted and the forfeiture levied Dal. 163. Yâ— Cro. 141. saith that he may be bound â— new if he be only convict for breaking thâ— peace 16. Him that standeth bound if his suretiâ— be insufficient Just of Peace is to send to prison him thâ— refuseth to give sureties until he find surâ—ties Dal. 163. Cro. 138. b. nu 8. Justice of Peace may cause one to be aâ—rested to finde surety of the peace against another and grant a warrant for it for â—â— might have bound him of his own authoritâ— Dal. 163. Justice of Peace may perswade a man â— require surety of the peace against anâ—ther and grant a Warrant for it for â—â— might have bound him of his own authâ—rity Lam. 78. Dal. 162 336. At the request of another â—e may commanâ— surety of the peace but must first take an oâ—â— of the party that demandeth the peace thâ— â— standeth in fear of his life or of some bodiâ— hurt or to have his house burnt Lam. â— Dal. 163. Sureties in a recognizance ought to be â—wo and registred in Subsidy for though â—ome may be sufficient which were not asâ—essed yet it standeth not well together that â—e should be bound to the King in 10 li. or â—o li. that in Subsidy was not found worth â—ny thing Dal. 175. Justices of Peace in Sessions may exaâ—ine sureties upon oath of their sufficiency Dal. 175. â—uses to require surety of the Peace 1. He that is threatned to be hurt in body â—â—o be beaten wounded maimed or killed â—â—l 164. 2. He that feareth another will beat â—und maim or kill him Dal. ibid. 3. He that feareth another will burn his â—use Dal. ibid. 4. He that feareth that A. will procure aâ—her to hurt him in his body or burn his â—use Dal. 164. 5. If a man lie in wait to beat kill or hurt â—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. â—4 Lam. 82. Cro. 135. a. Quaere tamen Br. â—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 wrâ—â— out of the Chancery Dal. seemeth to be â— the other opinion 164. 3. Because he is at variance with â—â— 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 â— see cause may bind over the affrayers Dâ—â— 165. Pax Regis 14. Justice of Peace may deny to grant sureâ— of the peace if it be upon meer vexatioâ— yet if the party will take his oath it is nâ— safe to deny it Dal. 165. yet afterwards peâ—ceiving it to be of malice and for vexaâ—â—on he may bind the party so requiring it his good behaviour Against whom surety of the Peaâ—â— may be granted Against a Knight or any person under â— degree of a Baron Dal. 166. Against Sheriff Coroner Escheator â— other officer of Justice But it is not goâ— to bind them versus cunctum populum Dâ—â— 166. Lam. 80 81. Against any Ecclesiastical person not â—â—ing divine Service in the Church or Churâ—â—yard or other place dedicated to God Dâ—â— 166. 50 Ed. 3. c. 5. 1 R. 2. c. 15. One Justice of Peace may grant the surâ— of the peace against his fellow Justices thoâ— sitting in Sessions Cro. 134. b. Dal. 1â— Lam. 80. One Justice of Peace may demand the â—eace against another man Lam. 81. Dal. 67. The wife may demand the peace against â—er husband if he threaten to kill her or â—utragiously beat her or she have notorious â—â—use to fear it and the husband may crave â—e peace against his wife Dal. 167. Lam. 78. â—â—o 133. b. The peace may be granted to a feme covert â—â— an infant under the age of 14 years if he â—ave discretion to crave the peace but they â—ust be bound by sureties and an infant unâ—er that age may demand it Dal. 167. La. 79. A Lunatick may crave the peace and have â— granted him Dal. 167. Lam. 79. It may be granted against one attainted â—â—ther of treason or of felony or convict of â—eresie Dal. 168. and they may demand it â—am 79. It may be had against an excommunicate â—erson Dal. 168. and an
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 â—he prices following except it be forbidden by proclamation 1 Iac. c. 25. 21 Iac. c. 28. 3 Car. â— 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 â—he prices of corn at the times places and â—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 matteâ— in an indictment Lam. 540. Traverse upon a forcible entry or detaineâ— found upon presentment quaere before whoâ— the traverse is to be made or tendred Laâ— 158. Notwithstanding offer of traverse upon eâ—quiry of a force the Justice of Peace muâ—â— make the restitution by the statute of 8 H. â— or else deliver or certifie the presentment iâ— the Kings Bench Lam. 158. Dal. 60. Traverse lyeth where one Just of P. alonâ— will take upon him to record a Riot that hâ— seeth and the party shall not be conclude thereby Lam. 182. Traverse of an indictment of felony oâ— treason is not usual Lam. 541. Traverse of an indictment may be beforâ— the Justices of Peace Lamb. 542. If the Couâ—â— where the presentment is found cannot aâ— 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 â— traverse of it Lam. 543. Presentment of bloodshed found in thâ— Sheriffs turn and sent to the Justices of Peaceâ— cannot be traversed before them Lam. 54â— One of the Enquests presents himself it iâ— not traversable Lam. 543. Where process ad respondendum goeth ouâ— upon an indictment that is traversable thâ— 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 â—actors of Merchants in their trades to go or carrying any of them beyond sea without â—icence of the King or six of the Privy Counâ—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 â—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 â— Iac. c. 6. Any two Justices of Peace may imprison without bail the master for ten daies for givâ—ng and the servant workman or labourer for 21 daies for taking greater wages then are â—ssessed by the Justices of Peace and proclamation thereof made in that county 5 El. c. â—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 â—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 woâ— of mouth is in some cases as strong as his prâ—cept in writing Dal. 336. As A Justice of Peace seeing a Riot may coâ—mand the Rioters to be arrested and caâ— them to finde sureties for their good behavâ—our Dal. 336. So upon affray assault threatning or aâ— other breach of the Peace done in his prâ—sence he may command the officer being prâ—sent to arrest such offenders to finde sure for the peace Dal. 336. But for causes out of his presence one mâ— not arrest another upon the Justices commanâ— but by precept in writing Dal. ibid. Br. Peâ—â— 7. A warrant in writing must be under tâ— Justices hand and seal or under his hand â— least Dal. 336. Lam. 85 88. But it is better under seal Dal. 337. A warrant for the peace or good behavâ— our must contain the special matter Dal. 33â— La. 87. but it is better under his seal Dalt 33â— A warrant for treason murder or felony â— other capital offence and such like need nâ— contain the special cause Cro. 148. a. Dal. 33â— A warrant is better if it contain and beâ— the date at the place where it is made the yeâ— and day when it was made Cro. 174. a. Dal. â—â— am 88. Justice of Peace being out of the County granteth his warrant to be served in the â—â—nty the officer must carry the party beâ—e some Justice of Peace within the County â— ibid. Lam. 91. The County written in the margent of â—e warrant albeit it be not expressed in the â—arrant and in Com. praedicto shall have reâ—tion to the County set in the margent â—â— 102. b. nu 29. Justice of Peace may make his warrant to â—e before himselfe yet upon a warrant for â— Peace the usual manner is otherwise Co. 5. â— Dal. 170 338. â—n some cases a Justice of Peace may grant warrant to attach the offender to be at the â—â— Sessions of the Peace to answer his said â—ence Dal. 338. Justice of Peace may grant his warrant aâ—ainst one that hath broken the peace or â—mmitted misdemeanors against the peace â— finde sureties for the peace or good beâ—aviour Dal. 34 162 165 338. Justices of Peace in divers cases as the case â—ll require may grant their warrant for the â—ies neglect or other default and such â—trant may be either to attach him to be at â—â— next Sessions there to answer c. or to â—â—g the offender before the said Justices or â—y other Justice c. who finding cause to â—â—d him may bind him to the next Sessions answer the said default Vide Dal. 338 â—0 Where the statute giveth authority to Justiâ—â— of Peace to cause another to do a thing â—â—ey have power of congruity to grant their â—â—ant to bring such persons before them that so they may take order therein Quâ— Dal. 338. A Justice of Peace maketh a warrant â— yond his authority it is not disputable Constable or other inferiour officer but â—â— be obeyed Lam. 65. Dal. 8 242 342. But if the Justice make a warrant to doâ— thing out of his jurisdiction or in a caâ— wherein he is not a Judge if the officer eâ—â—cute the warrant he is punishable Dal. 3â— Cro. 147. b. Dal. 8. Lam. 91 92. Warrant for the Peace may be directed any indifferent person by name though hâ— not officer yet it is better to a known officâ— 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. â—â— Lam. 89. Cro. 148. a. A warrant directed to the Constable â— to a stranger joyntly and severally and eâ—â—cuted solely by the stranger is good Cro. â—â— b. Dal. 340. Warrant directed to two joyntly to arâ— 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 Justiceâ— Peace to the Sheriff he may by word coâ—mand any sworn or known officer unâ—â— him without precept in writing Dal. 3â— Lam. 89. If a Justice of Peace his warrant be dire â—â—rected to the Sheriffs Bailiff
reputed father Res that the Justices at their next quarter Sessions ought to have made a final order or to have affirmed or disallowed the former order And then afterwards have granted a reference to the same next Justices which made the first order to consider better of it and oâ— the proof and this had been according tâ— Law Resol That after an appeal to the Sessions â— and the Justices there do repeal the first order the matter then is as res integra beforâ— them and they may then grant a referencâ— to the two next Justices Note That the Recognizance thought to bâ— in the disjunctive viz. To perform the ordeâ— by them made or to appear at the next quarter Sessions and to abide the order there Note One Justice of Peace by his warranâ— may commit but the Mittimus being shewed and it not pursuing the Statute and the Recognizance not being in the disjunctive Smyth was bailed to appear at next Sessions c. Resol The reference by the Justices at the Sessions before they had allowed or disallowed the first order was illegal Bower against Panter Pasch 8 Car. B. R. Resol That upon the Stat. of 18 Eliz. cap. 3 that the Justices of P. at their Sessions not the Justices of Assises have power to meddle with bastard-children but upon an appeal setling But this is to be done by the two next Justices At Salop Assises 19 Martii 7 Car. 1631. This question was propounded to Sir Wâ—liam Jones Knight Justice of Affise by a Just oâ— P. viz. upon the stat of Eliz. c. 3. 7 Jac. c. 4. touching bastard-children by the first Stat punishment is inflicted and by the second iâ—â—he offend the second time she is to be sent to the house of Correction c. Upon this question was one had a bastard child but she was not questioned for it no proceedings being had against her upon the Statute of 18 Eliz. 3. Afterwards she had a second bastard whether she shall be proceeded against upon the Sâ—at of 7 Jac. 4. for the second offence or whether the second offence shall not be taken for the first Resol She shall not be punished upon the â—tat of 7 Jac. as for her second offence unless â—he had been before questioned and punished â—or her first offence but this second offence â—hall be now taken to be as her first offence â—nd so is to be punished for the same accordâ—ng to Law â—own of Tewksbury against the town of Twyning at Assises 9 Julii 8 Caroli 1632. A servant maid dwelling in Twyning was got â—ith child and being near her time was conâ—eyed by practice into an out-house in â—wksbury where the child was born afterâ—ard Twyning gave her relief and the Minister â—f Twyning christened her child and as soon as â—e was able to remove they of Twyning gave 〈◊〉 and her child relief for two years afterâ—ards the mother being sick they sent her any with her child to Longden in Com. Wigorn. â—here the mother died then they of Longden 〈◊〉 the child unto Twyning and they of Twyâ—â—â—g sent the child being under the age of â—â—â—ee years unto Tâ—wksbury and they sent it â—â—ck to Twyning Resol The child regularly is to be kept â—here it was born if no practice was used to â—â—ve it born here but if by practice then it is â—â— be kept by the parish where she did dwell and where she was got with child and whicâ— used practice to have the child born in another Parish which is the Parish of Twyning and so was ordered referred to the Justices oâ— Peace to examine the practice Ad Assizes 20 Julii 13 Caroli 1637. at Glove ' Anne Tarling having a bastard-child upoâ— complaint made thereof to the Sessions it waâ— refeâ—red to the next two Justices to examinâ— and order who did make an order againâ— John Wood to be the reputed father and ordered him to allow 1 s. 4 d. weekly â— Wood appeals to the Sessions where the saiâ— order was disallowed and one William Coâ— charged to be the reputed father Jones Justâ—ce without examining the cause confirmeâ— the last order made at Sessions which waâ— final and no appeal to be admitted against iâ— And in a Lincolnshâ—re cause one Pridgeon being questioned and found by two Justices tâ— be the reputed father of a bastard-child anâ— so made an order against him for allowanceâ— c. Afterwards he appeals to the Sessions where the said Pridgeon was discharged anâ— another was found to be the reputed fatheâ— and an order made against him Afterwards at another Sessions of the â—â— upon a re-examination another order waâ— made against the last order whereby Pridgeoâ— was found again to be the reputed father anâ— so ordered to maintain the child Pridgeoâ— appeals to the Judges of the Kings Bench. Resol that Pridgeon shall be freed from the second order at Sessions it being illegal And the first order made by the quarter-Sessions upon appeal to them to stand in force and no appeal to be admitted against it the same being final and not to be altred by the Judges of Assise And so it was resolved by the Judges of the Kings Bench. And so upon the Stat. 43 Eliz. cap. 4. for charitable uses if the Commissioners make an order or decree in the Case and upon appeal to the Lord Keeper and exceptions put in if upon that the decree made by the Commissioners be confirmed by the Lord Keeper this decree is by this made to be final and no subsequent appeal to be admitted Cases concerning provision for poor people Reves Case Mich. 7 Car. R. B. R. Stat. 43 El. c. 2. Poor REve was brought to the Barre by Hab. Corp. being committed by the Stat. of 43 Eliz. cap. 2. for that he being the reputed father of one Ben. Gregory a poor child who was mainâ—ained by the Parish of S. Gâ—les in the Fields and he being a man of ability refused to maintain the child or to find sureties for his appearance at next Sessions Reve moved that the commâ—tment was illegal being grounded upon the said Stat. wherein is this clause â—â—at the Father and Grandfather Mother and Grandmother the Children and Grandchildren of â—very poor person not able to work they being of abilâ—ty shall pay such rates and in such wise as the Justices of that County where such person dwels at their next quarter-Sessions shall assess upon pain of forfeiting 20 s. per mens Wherein there is no such person taken notice of as the reputed father of a bastard which is filius populi It also appeared that Reve dwelt in Suffolk and coming to London about Law-suits was taken by a warrant of a Just of P. of Middlesex Resol The granting the warrant was illegal and all the proceedings in Mid. coram non Judice Nor have the Justices any power at theiâ— Sessions in Middlesex to make any order the party living in another County And he iâ— not to be committed until an order
to the house of Correction Dal. 78. Assent of two Justices is sufficient to the Churchwardens or Overseers or the most of them to bind as apprentices the sons of poor parents not able to keep and maintain them till 24 years of age or their daughters till 21 years of age 39 El. ca. 3. 43 El. ca. 2 Dal. 83. Lam. 331. 21 Jac. c. 28. continued by 1 Jac. c. 25. Disposition of money given for putting forth apprentices and the nomination and placing of them must be by the Corporation and in Towns not corporate by the Parson or Vicar Cunstable Church-warden and Overseers for the time being or most part of them the same to be according to the will of the Giver And any of the disposers forbearing and refusing to dispose of the money whereby it is not disposed shall lose 3 pounds 6 shillings 8 pence one moiety to the poor of the Parish the other to the Informer 7 Jac. ca. 3. Disposers of such money given for apprentices are to take bond with two sureties of such master or misâ—ress for such money as they shall so receive for the repaiment thereof at the end of seven years or three months after 7 Iac. cap. 3. Or if the apprentâ—ce die within 7 years then to repay the money within one year after such master or mistress death 7 Iac. ca. 3. The master or mistress dying within seven years the disposers are with the said money to put out the said apprentice to some of the said Trade to serve out the residue of his 5 years 7 Ia. ca. 3. Money given for putting forth apprentices is to be disposed within three months after the receit ibid. None above 15 years old are to be placed by the disposers and those to be of the poorer sort and for want of such they may chuse others of the Parish next adjoyning Ibid. Disposers of money for Apprentices are to account before two Justices next adjoyning yearly in Easter week or within a moneth after and within ten daies after such accompt made must deliver all such mony and bonds remaining in their hands to such as succeed in their rooms Ibid. He is no Apprentice if he be not reâ—ained by Indenture and by the name of an apprentice expresly Cro. 185. b. Breakers of trust for disposing money given for apprentices are to be examined and redressed by Commission out of Chancery returnable within 3 moneths and the party grieved by an act of the Commissioners is to be relieved upon his Bill in Chancery 7 Jac. cap 3. Certificate to the head-officer of City or Borrough that the parents of an apprentice to a Merchant Mercer Draper Goldsmith Ironmonger Embroderer or Clothier may dispend 40 shill freehold must be under the hands and seals of three Justices where the land lieth 5 El. c. 4. Apprentice is to be discharged by four Justices in open Sessions Dal. 79. The discharge of an apprentice is to be inrolled by the Clarke of the Peace 5 El. c. 4. Vide plus abourers A master putteth his apprentice into apparrel he cannot take it away though he part with his apprentice Dal. 96. Every housholder having half a plough-land in tillage may take an apprentice betwixt the age of 10 and 18. to serve in husbandry which must be by Indenture 5 Eliz. cap. 4. Approvers or Appeachers Goaler keeper or under-keeper by pain compelleth his prisoner to become an appeacher of others it is fellony 14 E. 3. cap. 10. Justices of Peace can take no appeal of an approver Lam 550. Stamf. 144. a. Dal. 320 One fellon accuseth another before the Justices of Peace they may take his confession and reprieve him and so proceed against the other Lam. 551. Archery Justices of Assise Goal-delivery and of the Peace and Stewards of Leets have power to enquire hear and determine of the Statute 33. H. c. 9. and also by their descretion examine all persons lacking and not having bows shafts and arrows according to the form of the said Statute viz. being under 60. years and have not in his house bow and arrows or have not used shooting And every man-child between 7 and 17 years of age not having a bow and two shafts and above 17 years four shafts he loseth for every moneth 6 shill 8. pen. Lam. 481. 33 H. 8. cap. 9 Armour Any except the Kings Officers and their company doing their service riding or going armed or bringing force in a fray of the people are to be imprisoned and lose their armour 2 E. 3. cap. 3. Dal. 35. Cro. 76. a. Justices of the Peace not looking to the execution of the Statute of fearing the country with going or riding armed upon enquiry by the Judges of Assise are to be by them penished 2 Ed. 3 cap. 3. The counterpain of the Indenture of armour to be kept by the Clark of the Peace 4 5 Ph. Ma. cap. 2. The Statute 4 5 Ph. Ma. concerning keeping of horses and armour with the penalties thereof are replyed 1 Jac. c. 25. Armour and Munition of a Recusant convicted being in his own possession or at his dispose other then such as shall be thought meet for the defence of his person and house by warrant of four Justices at the Quarter Sessions are to be seised and kept at such place as the four Justices at the Sessions shall appoint at the cost of the owners and they concealing or disturbing the delivery of it lose the armour and munition and by warrant from any Justice of Peace to be imprisoned 3 moneths without bail 3 Jac. c. 5. Recusant having his armour seised is to be charged with such armour and horse as he and other of his Majesties Subjects shall be commanded to serve with at musters 3 Jac. ca. 5. Any Justice of Peace may arrest any except the Kings officers and such as do him service that go armed and bind them to the peace or good behaviour Cro. 76. a. Dal. 30. Lam. of Const 13. A Justice of Peace may cause weapons to be taken from prisoners brought before him Dal. â—6 No servant in husbandry artificer victualler or labourer shall wear sword or dagser 12 R. 2. c. 6. Dal. 36. Cro. 76. b. Arrests An Arrest is a certain restraint of a mans person depriving it of its own will and liberty and binding it to become obedient to the will of the law Dal. 343. La. 93. Cro. 38. a. nu 1. All lay persons under the degree of a Baron or Peer of the Realm are subject to an arrest Lam. 93. Dal. 343. Ecclesiasticall persons not attendant upon divine Service may be arrested for the peace Lam. ibid. Dal. 166. Constable or Justice of Peace comming to arrest an affraier if he flie into another house they may in fresh suit break open the door and take him So if he flie into another County Lam. 134 Dal. 34. All that come to the Sessions for publick service or upon compulsion upon complaint and examination of the matter by
contrary to the statutes 1 2 P. M. c. 4. 5 El. c. 20. Lam. 566. A confined Recusant resuseth to abjure the Realm or will not go or returneth without licence 35 El. c. 1 2. To acknowledge any fine recovery deed inrolled statute recognizance bail or judgement in the name of another not privy thereunto 21 Jac. c. 26. Dal. 276. To what persons Clergy is grantable To a bastard To bigamus To whom not grantable Women vide Women One that hath had it formerly except he be within holy Orders 1 E. 6. c. 12. Lam. 563 In what cases Clergy is allowable Clergy shall be allowed in all cases saving such as are mentioned 1. E. 6. c. 12. or especially â—ince that time taken away Cro. 118. nu 33. Clergy shall be allowed but once 4 H. 7 c. 13. Lam. 563. except he be within orders Cro. 118. a. nu 36. A Woman convicted of felony above 12 pence and under 10 shillings where in a man may have his Clergy shall be burnt in the hand with T. and whipped 21 Jac. c. 6. Upon an attainder by outlawry Parliament standing mute challenging peremptorily above twenty where the statute taketh it away upon conviction by verdict vide Lam. 567. if Clergy shall be denied Justices of Peace may give Clergy to a felon if the Ordinary be present but they cannot fine the Ordinary for his absence but must reprieve the prisoner Lam. 551. vide Ordinary If the Enditement doth not directly agree with the words of the statute that taketh away Clergy the prisoner may have his Clergy Lam 566. After conviction and Clergy allowed and the party burnt in the hand he may be indicted of another felony Lam. 559. 18 Eliz. cap. 6. Where any man hath priviledge of Clergy as a clerk convict also in all cases of felony wherein the benefit of Clergy is restrained excepted or taken away by statute wilfull murder poisoning of malice prepensed excepted any Lord of the Parliament or Peer of the Realm sitting in Parliament shall upon his request and prayer alledging that he is a Lord or Peer of the Realm though he cannot read without burning in the hand loss of inheritance or corruption of blood be adjudged for the first time onely as a Clerk convict 1 Ed. 6. c. 12. but in all other cases wherein Clergy is taken away by any statute since 1 E. 6. he is in the same degree as a common person P. R. 213. vide Ordinary Cloth Every Justice beyond Trent hath some power in searching out the deceit of straining or stretching those country cloths 39. El. c. 20. Any Justice of Peace next unto any Town corporate or City beyond Trent is to joyn with the City or Town in appointing overseers for cloth ibid. Two Justices of Peace must appoint yearly Overseers of cloth sold in Towns not being corporate and swear them to see execution of that part of the statute which is yet in force 3 E. 6. c. 2. Lam. 359. Dal. 42. One commanded by two Justices of the Peace to appear to be made an Overseer of keeping the statute of clothing and without reasonable excuse refusing shall forfeit 40 shillings one halfe to the two Justices Lam. ibid. Two Justices of Peace may dispose the mony rising of deceitful cloth stretched 39 El. c. 10. Woollen cloth presented by a retailer thereof to two of the next Justices of Peace as defective against this statute and the statute 4 5 P. M. c. 5. they shall cause the same to be cut into three equal parts whereof one part to the King one part to the presenter and the third part to the Justices themselves 5 E. 6. c. 6. Lam. 359. Justices of Peace faultly in executing the â—tatute against the deceitful stretching of Northen cloth lose 5 pound 39. El. c. 20. Clothier must set his seal of lead to the cloth â—o declare the length to be tried by water or be fined 3 Ed. 6. c. 2. Lam. 469. Cloth is not to be stretched above a yard and a halfe in length and halfe a quarter in breadth nor shrink more in wetting on pain of 40 shillings ibid. Browns Blews Pewks Tawnies and Violets must be perfectly boiled grained or maddered upon the woad and shot with good cork or orchal otherwise the dier loseth 20 shillings for every offence 3 Ed. 6. c. 2. Lam. 469. Wooll for Russets Marbles Graies Baies or for hats or caps must be perfectly woaded boiled and maddered or lose 20 shillings every cloth or wooll for a cloth ibid. Dying with Brazill thereby to make a false colour is loss of 20 shillings a time 3 E. 6. c. 2. Lam. 469. Putting flax chalk starch or other deceivable things upon any cloth except Devonshire and Cornwal straits loseth 40 shillings a time Lam. ibid. Selling cloth by less measure then after the true contents by the yard and inch loseth six shillings eight pence a yard ibid. Putting to sale-cloth pressed to be used in England Wales or Ireland loseth the cloth or value ibid. Refusing to be searchers of cloth or neglecting to search once a quarter loseth as the offenders ibid. Interrupting the search of cloth is loss of twenty pound ibid. Kentish cloth above six pound price must contain betwixt 28 and 30 yards in length being wet and 7 quarters broad within the lists and being well dressed must weigh 76 pound or lose 20 shillings for want of length and breadth and so much for wanting of four pound of the weight 5 Ed. 6. c. 6. Lam. 470. See now 4 Jac. c. 2. Deceit in linnen cloth whereby it is become worse for good use is loss of cloth fine and imprisonment for a moneth 1 El. c. 12. Lam. 471. Offences against the statute concerning the stretching of Northen clothes to be presented by the Overseers at the next Quarter Sessions after the offence and there to be heard and determined 39 El. c. 20. Offences of the Justices of Peace in neglecting their duty by not executing of the statute of deceitful stretching of Northern clothes to be heard and determined by Just of Assize 39 El. c. 20. Commission of the Peace The commission of the Peace is determinable at the Pr. pleasure either by express word implicatiâ— or death or by the presence of higher power or by occasion of another office as to be made Sheriff Lam 66 67 68 c. If Just sit by commission and do not adjourn the Sessions the commission is void Brook Commission 12. Cro. 188. a. Commission granted hac vice tantùm is determined after once sitting if they do not adjourn the same L. 71. A new commission of the Peace hac vice tantùm will determine the old Lam. 68. A commission of the same kind in the same limits to other commissioners without word of discharge is a revocation of the former by implication Cro. 189. a. Lam. 67. Dal. 11. A proper Justice is made within a special liberty without words of prohibition 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 â—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 Sacraâ—ents according to the Book of Common â—rayer in such order and form as is mentionâ—d in the said Book or wilfully standing in â—he same have used any other form in open â—rayer or in administration of the Sacraâ—ents or spoken any thing in derogation of â—he said B. or any part thereof for the first â—ffence it is loss of his spirituall living for a â—ear and imprisonment for six moneths â—ithout bail for the second deprivation and â—mprisonment for a year for the third deâ—rivation and imprisonment all his life 1 El. â— 2. 23 El. c. 1. Lam 417. Any having in play song or rhyme or by my open word spoken in derogation of the â—ook of Common Prayer or any thing thereâ—â— contained or having caused or maintained â—ny Minister to say any other Common Prayâ—r or minister Sacraments in other manner â—r interrupting any Minister to say open â—rayer or administer the Sacraments accorâ—ing to the said Book he loseth 100 Marks â—r six moneths imprisonment without Bail â—or the first offence and for the second 400 Marks or twelve moneths imprisonment and â—or the third all his goods and imprisonâ—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 paâ—ties suit for the same trespass he shall â—â— plead Not guilty otherwise of a confessioâ— Jub modo as when he putteth himself â—â— gratia Regis Lam. 530. Quaere whether if he once make a fine â—â— shall not be estopped to plead Not guilty Alâ— whether the Justice of Peace may drive tâ—â— party either to an absolute confession or â— his traverse ibid. The voluntary confession of an offender against the statute 1 Jac. c. 9. 4 Jac. c. 5. beforâ— a Justice of Peace is a conviction and afteâ— confession his oath is sufficient proof againâ—â— 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 Peacâ— 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 impâ—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 theâ— meaning to kill a man or to take another part in all things Lam. 173.
night any person being therein and thereby put in fear ibâ—d without Clergy Robbing any person in part of his dwelling any of his houshould being within ibid. without Clergy To rob any Booth in Fair or Market any person thereto belonging being within sleeping or waking ibid. sans Clergy Servant other then an apprentice to whom money goods or chattles c. are delivered to keep by master or mistress to the value of forty shill going away therewith or converting them to his own use to the intent to sell the same or defraud his master or mistress 21 H. 8. cap. 7. 5 El. cap. 13. Dal. 264. Souldiers going out of the Realm to serve a forein Prince not having first taken the oath of allegeance 3 Jac. c. 4. Dal. 284. A Gentleman or of higher degree Captain or other Officer in camp going to serve a foreiner before he is bound with two sureties to the King not to be reconciled to the Pope c. nor to make nor consent to any conspiracy against the King 3 Jac. c. 4. Souldiers having taken prest-money not going with their Captain or being in service departing without licence 18 H. 6. c. 19 Cook 6. 27. 7. H. 7. c. 2. 3 H. 8. c. 5. Mariners and Gunners taking prest-money to serve the King and departing without licence 5 El. e. 5. Souldiers and Mariners which settle notthemselves to some good course of life but wander idlely 39 El. c. 17 Souldiers and Mariners landing and not having a Testimonial from some Justice of Peace near their landing ibid. 2. Or exceeding the time limited wilfully fourteen daies Vide 43 El. c. 3. that they shall be punished as Rogues 3. Or forge or have forged Testimonial knowing it to be forged 4. Or being retained in service after arraignment doth depart within the year without the Masters licence 39 El. c. 17. In all these former cases see the stat 43 El. c. 3. That Souldiers and Mariners begging or counterfeiting a Certificate from their Captain c. shall be adjudged and punished as Rogues Dal. 285. Vide Rogues Transporting live sheep the second offence is felony 8. El. c. 3. Ravishing a woman with force though consenting afterward 13 E. 1. 3. W. 2. 18. El. c. 6. All abettors in rape are principals Dal. 289. Cro. 47. b. To ravish a harlot against her will is rape ibid. To take any maid widow or wise having lands or goods or being heir apparent to her ancestor against her will unlawfully And to receive any so taken knowing thereof or to procure and abet the same 3 H. 7. c. 2. Dal. Cro. ibid. To abuse a woman carnally under 10 years of age 18 El. c. 6. To take a mans wife with her husbands goods against her will or her husbands 13 E. 1. 34. West 2. Stamf. 94. Dal. 290. Cro. 35. a. nu 2. Feloniously to take goods out of any Church or Chappel Lam. 420. A woman delivered of a bastard doth by drowning or secret burying thereof by her self or other conceal the death thereof so that it may not come to light if it were dead born or alive it is murder in the mother except she can prove by one witness that the child was born dead 21 Jac. c. 27. Dal. 290. To acknowledge any fine recovery deed inrolled flat recog bail or judgement in the name of another not privy to the same is felony without clergy 21 Jac. c. 26. Dal. 284. Felony done in one Kings daies may be tried in another Kings time Cro. 37. a. nu 31. Dal. 297. A felony is done in one county and the felon flieth into another and is there taken he is to be commited to the gaol of the county where he was taken be removed by writ to the gaol of the county where the felony was done Dal. 298. For stealing goods in one county and carrying them into another county the felon may be indicted in either county But for robbery the indictment must be in the county where the robbery was Dal. 298. Bro. cor 140. indict 26. One stealeth stollen goods the owner may indict the first or the second Dal. 298. Any man may prosecute for stealing bona ignoti Dal. ibid. If the owner will not charge the felon any other after proclamation made If any will inform for the King may safely inform indict and give evidence Dalt 298. But A Justice of Peace hearing of any that can inform may send for him examine him and bind him to give evidence Dal. 298. Felony of his own goods vide Theft Ferrets vide Hunting Fewell One Justice of P. may set on the Pillory in the next Market town to the place of offence any person convicted of breaking the assise of fewel and not able to pay the forfeiture there to be at eleven of the clock on the Market-day with a billet or faggot bound to some part of his body Quaere whether one Justice may convict him alone 7 E. 6. cap 7. Lam. 196. Fines Fine taketh his name of the Latine finis for that it maketh an end with the King for the imprisonment laid upon the offender for the offence committed against him Lam. 574. Upon paiment of the fine or upon pledges found by a recognizance to pay it the offender ought to be delivered Lam. ibid. The assessment of fine belongeth to the Justices before whom the conviction is lawfully had Lam. 576. Stander by when a man was slain is to be â—mprisoned till he make his fine because he â—id not his best to attach the murderer so of â—ther felonies Lam. 132 289. Fine upon a forcible entry or detainer upâ—n offenders convicted of record by a Just of â—eace and by him committed to the Gaol â—hall be assessed by the same Justice and upon â—onds with sureties he may enlarge them Taâ—un quaere and estreat it and send it into the Exchequer but it is best to leave the fine to â—he discretion of the Kings Bench Lam. 158 159. Dal. 58. Upon conviction for offences where no â—ine certain is limited no fine can be assessed â—ill the offender be brought in by Capias pro â—ine or otherwise unless it be for Alehouses and High-waies Lam. 573. Where any statute speaketh of fine ransome the ransome ought to be at least treble â—he fine Lam. 575. The opinion of Sir Edward Coke is that fine and ransome are all one vid. well discussed Cok. institut 127. a. Where the statute maketh an offence fineable in general terms or at the Kings will the Justices of Peace before whom the conviction â—s had may assess the fine which is fittest to be done in open Sessions Lam. 576. Fines upon the statute of tiles of cross-bows of alehouses by express words of the statute may not be altered Lam. 578. Fines must be reasonable and just according to the quality of the offence 34 Ed. 3. cap. 1. Lam. 577. After one is taken by a Capias pro fine the Justices of Peace are to assess the fine by their
is to certifie â—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 imprâ—soned The execution of the Statute of Northampton without Writ Every Justice of Peace may execute it â—â— 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 thâ— offenders there found apprize the armour record all what he shall do and thereout senâ— an estreat into the Exchequer Dal. 62. Cro ibid. Lam. 171. The Justice cannot make restitution to thâ— 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 thâ— same is a forfeiture of the recognizance Dal 181. as 1. To threaten a man to his face to beat oâ— kill him Cro. 136. b. Lam. 115. but not if he bâ— absent Dal. 152. 2. To strike at or offer to strike at a manâ— though he hit him not 3. All Affraies malicious and violent striking or other mis-intreatings of the persoâ— of another Dal. 181. Lam. 127. 4. To go with company or weapons unusual Dal. ibâ—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. 3â— H. 8. c. 3. Lam. 552. Forrester Forrester Warrener or Parker after Hoâ— and Cry to yield killeth any man in his office making resistance it is justifiable 21 E. 1. dâ— 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. â— 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 â—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
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 â—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
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 mâ—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. â—6 The Justices of Peace or the greater part of â—hem may in open Quarter Sessions restrain â—he converting of barly into malt 39 El. c. â—6 Lam. 613. Dal. 86. Malt must be three weeks in the fat on the â—oor steeping and drying except in June â—uly August and then 17 daies or lose 20 â—ence for every quarter Lam. 451. Dal. â—7 No insufficient malt mingled with good â—alt must be put to sale 2 3 E. 6. c. 16. â—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 â—arter hath not been fanned one peek of â—â—st ibid. Manslaughter vide Homicide Mariner Mariner coming from beyond the seas or â—ea-faring man having suffered shipwrack â—d in want may be licensed by the next Juâ—ce of Peace to his landing to ask relief â— his journey home-wards 39 Eliz. 4. Lam. â— 3. Dal. 127. 1 Jac. c. 28. No fisher-man to be taken for a mariner by â— Kings commission unless chosen by the â—o next Justices to the place where he is to taken 5 El. 5. Lam. 359. Dal. 87. â—ariner departing from his Captain withâ—t licence or wandring idly without or â—â—h a forged licence knowing thereof is a â—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. 1â— 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
39 El. c. 17. Lam. 303. Vide Felony by Statute Market-overt He that is owner c. of any fair or market where horses geldings mares or foles are to be sold and doth not yearly assign one open place where the said horses c. shall be sold and one to take Toll who shall continue there from 10 in the morning until sun-set forfeiteth 40 shil for every day 2 3 P. M. c. 4. Cro. 91. a. Lam. 471. To alter the property of any stranger righâ— in horses and all other goods they are to â— sold in such a place or shop as is commonly used for selling goods of the same kinde Dal. 74. Sale in fair or market doth not take away â—he owners property the buyer knowing that â—t was anothers Dal. 74. Vide Horses Marriage If any married person marrieth another â—he former wife or husband being alive â—xcept the husband or wife have been beâ—ond the seas seven years together or hath â—een absent within the Kings Dominions â—even years together the one not knowing â—he other to be alive or was at such marâ—iage lawfully divorced or the former marâ—iage by sentence Ecclesiastical declared to â—e void or was had within years of conâ—ent it is felony 1 Jac. 11. Lam. 421. Dal. 289. Cro. 52. a. without corruption of â—loud loss of dower or dis-inheriting any â—eir Mass To sing Mass forfeiteth 200 marks and â— years imprisonment To hear it forfeiteth â—00 marks and like imprisonment 23 El. c. â—am 413. For the discovery of any who hath been â— Mass vâ—de Jesuites Master v. Servant and Labourers Measure vide Weight Messages false Two Justices of Peace one being of the Quorum may as it seemeth bind over to the next Q. Sessions any suspected of getting money or other thing by false tokens or counterfeited letters or may imprison such or bail them to the next Q. Sessions Dal. 47. 33 H. 8. c. 1. Vide plus Cozenage Milch-Kine vide Calves Minstrels vide Rogues Misprision Misprision is properly where one knowetâ— that another hath committed treason or felony but was not consenting thereto and wiâ—â— not discover the offender to the King or hiâ— Councel or to some magistrate but concealâ— the offence Dal. 234. Stam. 37. Terms â—â— Law 131. A Chaplain fixed an old seal to a new Patent of non residency it was holden misprision of Treason Terms of Law ibid. Dal. 229 Knowing money to be counterfeit anâ— bringing it out of Ireland into England anâ— uttering it in paiment is misprison of treâ—son Terms of Law ibid. Cro. 44. b. Stamf. 3â— 3 H. 7. 10. For misprision of felony he shall onely bâ— fined Dal. 234. Terms of Law ibid. Cro. 44. â— Misprison of Treason To draw a sword or strike a Justice sittiâ—â— in place of Judgement Dal. 231. To strike a Jurior in presence of the Juâ—â—ice sitting in place of Judgement Dal. ibid. To strike one in Westminster-Hall any of â—he Kings Courts sitting Dal. ibid. In all which cases the offender shall lose his â—ight hand and shall have judgement as in misâ—rision of Treason Dal. 234. A stranger rescuing one arrested by a Juâ—ice upon an affray sitting in place of Juâ—â—ice whereby he escapeth it is misprision â—f Treason Dal. 231. For offenders in high Treason misprision â—f Treason Praemunire though Justice of â—eace cannot meddle in the very point of â—he offence yet upon complaint to a Justice â—f â—eace or other knowledge he ought to â—ause the party to be apprehended and joynâ—ng with some other Justice of Peace to take â—he offenders examination and information â—pon oath of such as bring them or other that â—an prove any thing material and put it in â—riting under the hands of the informers â—nd commit the offenders to Goal and â—ind over those which prove any thing maâ—â—rial to appear before the Lords of the Counâ—el or elsewhere to give evidence upon reaâ—onable warning and to certifie their doings â—â— some of the Lords of the Councel or elseâ—here Dal. 23â— Willingly to aid and maintain or knowing â—ch as have absolved perswaded or withâ—rawn any within the Kings dominions from â—eir obedience or Relâ—gion now established â—r the Romish Religion or moved them to â—ield obedience to any other estate or â—ractised to do any of them and doth not within 20 daies disclose it to some Justice of the Peace or higher officer it is misprision of treason 23 El. c. 1. Lam. 412. Within six weeks after any Bull or other instrument of reconciliation hath been offered not to reveal it to some of the privy Councel or Presidents of the North or Wales is misprison of treason 23 El. cap. 1 Lam. 413. Misprision of Felony He that seeth one killed by another or robed or any other felony committed and is not of their confederacy and doth not make resistance or disturb the felon or levy hue and cry but conceal the same it is misprision of felony and fineable 14 H. 7. c. 31 Cro. 44. Dal. 296. A man foreknoweth of a felony to be done and concealeth it it is effected it is misprision of felony quaere Cro. 41. b. nu 5. Dal. 298. Every treason or felony doth include misprision so that where any hath committed treason or felony the King may cause the offender to be indicted and arraigned but of misprision Cro. 44. b. Dal. 234. Stamf. 37. d. Mitigation of fines and forfeitures vide Lamb 577. Mittimus Mittimus must contain the names of the parties their offences and time of impisonment that it may appear whether the prisoner be bailable or not Lam. 297. Cro. 153. a. nu 11. Dal. 315 396. If one be committed without bail or mainprise and the cause is expressed in the Mittitimus and yet is bailable other Justices of â—he Peace may bail him yet Quaere seeing their authority is equal Dal. 315. The form of the Miâ—timus To send felons to the Goal Lam. 220. Dal. 494. To send rioters to the Goal Lam. 321 To send shooters in peeces Lam. 297. Dal. 398. To send upon forcible entry c. Lam. 150. To send to the house of Correction Dal. 396. To send an Ale-seller without licence Dal. 387. To send a reputed father of a bastard Dal. 392. Monasteries v. Religious houses Mortuaries Spiritual person not to take mortuaries or any thing for them where they have not been used to be payed or where the goods of the dead are under ten marks taking above 3 shill 4 pence where the goods are under 30 pound or above 6 shill 8 pence where they are above 30 pound and under 40 li. or above ten shill where they are above 40 li. he shall forfeit all taken above his due and 40 shill to the party grieved 21 H. 8. c. 6. Lam. 435 436. Multiplication of gold and silver To practise the art of multiplication of gold and silver is felony 5 H. 4. c. 4 Lam. 227 425. Murder Murder is when one man upon malice pretended prepensed or precedent doth kill another
c. 1. Presentment at the Quarter Sessions for exâ—olling the power of the Pope of Rome must â—e certified by the Justices of Peace before whom it was taken into the Kings Bench â—ithin 40 daies after if the term open if â—ot then the first day of the next term or eâ—ery Justice lose 100 pound 5 El. c. 1. Popish books Printer buyer seller or bringer from beâ—ond the sea of any Popish primer Lady-â—alters c. in any language or other superâ—â—itious books in English loseth 40 shill a â—ook whereof one part to the King another â—o the informer a third to the poor of the paâ—ish where the book shall be found 3 Ia. c. 5. Two Justices of the Peace may search the â—ouse or lodging of a popish Recusant or â—hose wife is such for popish books and reâ—ques and finding any unmeet for them to â—se must deface and burn them or being of â—alue deface them and restore them to the â—wner 3 Iac. c. 5. Poor people Traveller with wife and children not being â—rogne dieth or runneth away the Town â—here that happeneth is not bound to keep â—hem where they die nor send them away â—ut only in charâ—ty except they become â—andring rogues Lam. 208. Resol 7. Parents able to work are to finde their chilâ—â—en by their labour and not the Parish Reâ—â—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 oâ— 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 â—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 Justâ—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 â—aise the power of the county though indeed â—here were none Lam. 315. Dal. 114. Cro. 62. â— nu 22. 64. b. nu 49. Power of the county is raised without â—nowledge or information of a riot if when â—hey come they finde one it is lawful and â—hey may proceed to punish it Lam. 316. Dal. â—14 Cro. 62. b. nu 20. Power of the county in suppressing a riot â— de Riot The Justices of Peace Sheriff or Undeâ—heriff in levying power of the County may â—ave the aid of all the Knights and other â—emporal men under that degree that are aâ—ove the age of 15. and able to travel upon â—ain of imprisonment fine and ransome to â—he King Dal. 113. Lam. 315. Cro. 157. b. But it â—s referred to the discretion of the Justices how â—any or how few they will have and in what â—ort they shall be armed Dal. 113. Lam. 315. Cro. 64. b. nu 49. One Justice of Peace may take power of
the â—ounty to suppress rioters and need not tarâ—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. â—58 a. Lam. 134. Sheriff upon a writ of execution returned â—hat he could not execute it for resistance and was amerced 20 marks because he took â—ot the power of the county Cro. 158. a. Lam. â—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 upoâ— 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 theâ— upon confession of the party or conviction oâ— 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 noâ— repealed by the general words at the latteâ— 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 thâ— 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 praemâ—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 thâ— 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 â—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 praemunâ—re 27 Elâ—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 â—llied or of blood to him that procureth the â—ndictment but it is no discretion in the Juâ—tices to suffer such to be impanelled Lam. â—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 Endâ—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 â—he Record be that all were sworn Lam. â—99 Where the declaration of the Offiâ—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 Vâ—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 sighâ— 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
total sum in any County where there shall be above fifty parishes do â—ot exceed six pence every parish 43 Eliz. â—ap 3. The said taxation to be assessed within â—hemselves and in default thereof by the Church-wardens and petty Constables or â—he greater part of them in default thereof â—y the Justices or Justice of Peace dwelling in â—he same parish or if none be there in the â—arish next adjoyning 43 El. c. 3. In default of payment of the same assess â—he Church-wardens and petty Constables may levy it by distress and sale c. and in their default the aforesaid Justices or Justice of Peace 43 El. c. 3. The Church-wardens and petty Constables are to pay over their collections to the high Constable ten daies before every Quarter Sessions and the high Constables at every Quarter Sessions are to pay it over to the Treasurer ibid. If any of them make default then the Church-wardens or petty Constables forfeit â—o shillings and every high Constable 40 shillings to be levied by the Treasurer by distress and sale for augmentation of the stock â—3 El. c. 3. Treasurer for maimed souldiers must be â—en pound in lands or fifty pound in goods â—n the subsidy and continue but for a year â—nd within ten daies after Easter Sessions folâ—owing to give account to his successor in â—efault thereof or for other misdemeanour in â—is office to be fined five pound or above by â—he more part of the Justices of Peace 43 El. â—ap 3. Souldier or mariner sick or maimed bâ— service in his Majesties pay upon lawful certificate thereof by the general muster-masteâ— or receiver of the muster-rolls Treasurer oâ— Controller of the Navy under his hand is to come to the Treasurer of the County wherâ— he was prest or if he were not pressed then to the Treasurer of the County where he waâ— born or last dwelt three years if he be able to travel so far or otherwise to the Treasurer oâ— the County where he landed by him to be relieved according to hâ—s discretion till the next Qu. Sessions at which time the more part of the Justices may according to their discretions grant him a pension during his life iâ— the said pension be not duly revoked or altered 43 El. c. 3. Treasurers are to make payment quarterly of such pensions as shall be granted by the most of the Justices at the Qu. Sessions under their hands and by them to be fined if they refuse to pay them 43 El. c. 3. Pensions of souldiers and mariners not having born offices are not to be above 10 l. under the degree of a Lieutenant 1â— l. a Lieutenant 20 l. 43 El. c. 3. Pensions are revocable or alterable at the discretion of the Justices in the Quarter-Sessions 43 El. c. 3. Treasurer where any maimed souldier or mariner shall arrive upon certificate though not allowed may give a testimonial of his own allowance and convenient relief to carry him to the next County leading him to the place where the general muster-master shall be and so may the Treasurer of each County leading him thither and from thence to the County where he is to have his pension 43 â—l cap. 3. Treasurer is to enter in to a book mony reâ—eived and disbursed with the parties names â—nd certificate to whom it was paid 43 El. cap. 3. Treasurer not allowing a certificate in the â—ct of 43 El. c 3. expressed must endorse the â—ause thereof on the certificate 43 El. c. 3. Souldier or mariner counterfeiteth a cerâ—ificate or having a pension beggeth he shall â—â—ose his pension and be adjudged a rogue â— 3. El. cap. 3. Souldier or mariner that cannot be relieved in the County where he was pressed by reason that the whole taxation is imploied â—hall be relieved where he was born or dwelt â—he last 3 years at his election 43 El. c. 3. Overplus of the stock for maimed souldiers is to be imploied by the greater part of â—ustices at the Qu. Sessions to such charitable uses as are set down in the statute for poor except it be by them reserved for future pensions 43 El. c. 3. Star-chamber The experience of the Star chamber is the best guide and direction for a Justice of P. Lamb. 175. Stolen goods After attainder upon evidence by the owner the stoln goods are to be restored to the owner by writ of restitution awarded by the Justices before whom the attainder was 21 H. 8. c. 11. Lam. 586. Da. 306. Cro. 191. a. Vide Reâ—titution of stolen goods Stewards of the Sheriffs turn Leet or Pâ—â— powders cannot grant surety of the peace uâ—less it be by prescription but every of theâ— may commit him to ward that shall make â— assray in their presence whilest they be iâ— execution of their office which the stewaâ—â— in a Court Baron cannot do Lamb. 14. Dal. â— 10 H. 6. c. 7. Br. Leet 36. Stock of the shire The parishioners and in their default thâ— Churchwardens and Constables are to asseâ— the tax imposed upon the parish by the Justices at Easter Sessions towards the relief of thâ— prisoners in the Kings Bench Marshalseâ— Hospitals and other losses by fire c. In default of them any Justice of Peace dwellinâ— in that parish or if none dwel there thâ— next Justice may assess the same and the samâ— Justice of Peace or any other Justice of Peacâ— in that limit in default of the Churchwardeâ— and Constables may levy the same by distreâ— and sale of the offenders goods rendring tâ— the party the overplus and in default of distress may commit such persons without batill they pay the same 43 El. c. 2 Dal. 139. In all taxations observe these rules Daâ— ibid. 1. The most reasonable taxation of land iâ— by the yearly value not the quantity 2. He that occupieth lands in his owâ— hands in several parishes shall be charged iâ— every parish proportionably for his lanâ— there 3. The farmer shall be rated for the land and not the lessor 4. A man is not to be rated for his farmâ—â—s for that the occupier of the lands is argeable for the same By goods in most cases a man may be raâ—â— as well as by lands but not both by goods â—â—d lands 6. A man shall be charged for goods only that town where the goods be at the time assessment the Constable and major part the Parishioners upon warning given in Church may make such taxations by law 5 67 Br. Quin. 4. 6. Dal. 140. The like may be done by the Churchwarâ—â—ns and the greater part of the Parishioners â—â—r Church charges Dal. ibid. If the greater part will not meet the offiâ—â—rs and such as will meet may tax Dal. ibid. Where a man is charged by goods they â—ust be bona notabilia Dal. 140. Vide Taxation Subsidy Upon proof before two Just of Peace that subsidy-man by covin hath escaped taxaâ—â—on they shall charge him at double the â—alue of so much as he ought to be taxed at â—â—d he shall
Jac. c. 4. Any subject going beyond the seas to serve â—ny forein State not taking the oath of alâ—egeance before the Controller or Customer of the Port or either of their deputy or depuâ—ies before his going shall be a selon the â—ath by them to be registred and certified inâ—o the Exchequer once every year or lose 5 l. or every oath not certified 3 Jac. c. 4. Any Gentleman or of an higher degree or Captain or other officer in the army before â—is going beyond sea to serve any forein â—rince or State must be bound by the Conâ—roller or the Customer of the Port with two â—â—reties allowed by the Officer unto the King â—â—o pound with condition not to be reconâ—iled to the Pope nor to practise any thing â—gainst the King but knowing any thing to â—eveal it the same bond to be by them regiâ—â—red and certified into the Exchequer once â—very year or lose 5 pound for every default â— Jac. c. 4. Children not being Souldiers Mariners Merchants Apprentices or Factors going beyond sea without licence of the King or six of the Privy Councel whereof the principal Secretary to be one under their hands and seals shall take no benefit by descent or otherwise of any lands leases goods or chattels untill he or they being 18 years old or above take the oath of Allegeance before one Just of Peace of the County where the parents dwelt or dwell in the mean time the next of kin being no Popish Recusant to enjoy them till he shall conform to take the said oath of Allegiance and receive the Sacrament of the Lords Supper and then to accompt to him for the mean profits and in reasonable time to make payment thereof And the senders lose 100 pound one third part to the King another to the suer another to the poor 3 Jac. c. 5. Vide Transportation Traveller Inne-keeper or Alehouse-keeper refusing to lodge a traveller Justice of Peace or Constable may compel him Quaere how viz. to present the offence at the Affizes or Sessions Dal. 28. Br. Action sur le case 76. Sâ—r James Lee delivered that the Inne-keeper or Alehouse-keeper may for the same be indicted fined and imprisoned or the party grieved might have his action Dal. 28. Treason Treason is a grievous offence done or committed against the King in his person the Queen his wife his Children Realm or authority Dal. 227. As To compass the death of the King Queen his wife or of their eldest son and heir or to intend any of their deaths though it be not effected Dalt 227. To deflowre the Kings wife his eldest daughter being unmarried or his eldest sons wife Dal. 228. To levy war against the King in his realm Dal. ibid. Br. Treason 24. To conspire to levy war against the King Dal. ibid. To conspire with a Governour of another country to invade the Realm Dal. ibid. To kill one that is sent on the Kings message Dal. ibid. So encounter in fight and kill such as be assisting to the King in his wars or come to help the King Dal. ibid. To aid the Kings enemies in his Realm Dal. 228. To counterfeit the Kings great Seal Sign-Manuel Privy-signet or Privy Seal Dalt 229. To take an old seal and put it to a new patent quaere whether treason or misprison Dal. ib. Sta. 3. C. Br. Treas 3. And so of those that without authority set the Kings seal upon any writing or fraudulently thrust a writing amongst others to seal and so get it sealed Dal. ibid. To counterfeit the Kings coin or any coin current within the Realm Dal. 229. To bring in any false mony knowing it to be false Dal. 229. 1 2 P. M. cap. 3. To clip wash and lighten or falsisy any coin current within the Realm Dal. ibid. To coin mony not having authority Dal. ibid. If he which hath the Kings warrant to coin do coin mony in England Ireland or elsewhere less in weight then the ordinance or coineth false metal Dal. 229. Br. Treas 19. All counsellers procurers consenters or aiders of any the fore named Treasons are within the parview of the Statute 25 Ed. 3. for in treasons all offenders are principal Dal. 230. Counterfeiting gold or silver not the proper coin of this Realm is misprision of treason 14 El. c. 3. To kill the Kings Chancellour Treasurer Justice in Eyre of Assize of Oyer and Terminer being in his place and doing his office is high treason Dal. 23â— To extol the authority of the Bishop of Rome within any of the Kings dominions and the procurers counsellers aiders and maintainers thereof the first offence is Praemunire the second Treason 1 El. c. 1. 5 El. c. 1. Lam. 411. Dal. 231. So to bring over any books that shall maintain set forth or defend such authority and the readers and hearers that shall justifie them Dalt 231. So deliverers of such books to others with allowance and liking of the same Dal. ibid. So the printers and utterers of such books be all within the meaning of the statute 5 El. c. 11. Dal. ibid. Refusing the oath of Supremacy the first offence is Praemunire the second offence Treason 5 El. c. 11. Dal. 205. Lam. 410 To obtain from Rome or by any authority from thence any Bull or writing to absolve and reconcile such as will forsake their obedience to the King and yield it to the Pope or give or take absolution by colour of such Bull or publish or put in ure such Bull 13 El. c. 2. Dal. 231. Lam. 226. To absolve perswade or withdraw any subject from their obedience to the King or to reconcile them to the Pope or to draw them to the Romish religion for that intent or move them to promise obedience to any other state or procure counsel or aid them that do it is treason 23 El. c. 1. 3 Jac. c. 4. Lam. 220 226 412. Dal. 232. To be willingly absolved perswaded withdrawn or reconciled to promise such obedience or to procure counsel aid and maintain the same is treason except within six daies after their return into the Realm they submit according to the statute 3 Jac. cap. 4. Dalt ibid. For Jesuit Priest or other Ecclesiastical person made by the authority from the Pope to come into or remain in any of the â—ings dominions contrary to the statute 27 El. c. 2. is Treason To compass the death of an usurper of the Crown is Treason for which the offender may be arraigned in another Kings time Br. Treason 10. Dal. 227. To intend to deprive depose or dis inherit the King or say he will be King after the King dieth Dal. 227. To set at large unlawfully any committed for Treason is Treason by the Common law Dal. 229. One imprisoned for felony breaketh prison whereby a traitor escapeth it is Treason in him by the Common law Dal. 229. Cro. 35. a. nu 5. Voluntarily to suffer one to escape that is committed or only under arrest for
151. Lam. 461. The penalty is 3 shill 4 pence for each one Victuals and Victualler If Butcher Fishmonger Inholder Tipler Brewer Baker Poulterer and other seller of victual do sell at unreasonable rates and not for moderate gain they lose double value Lam. 454. 23. E. 3. c. 6. 13. R. 2. c. 8. Brewer selling drink at higher prices then have been appointed by the Justice of Peace loseth after the rate of 6 shill a barrel 23 H. 8 c. 4. Lam. 455. Conspiracy or oath taken or promise made by Butchers Bakers Brewers Poulterers â—ooks Fruiterers or any mystery or any of them not to sell but at prices agreed between them the first offence 10 pound or 20 daies imprisonment the second 20 pound or Pillory the third 40 pound or lose an ear 2 Ed. 6. c. 15. Lam. 455. To sell swines flesh mezelled or flesh that died of the murrain or other corrupt victual Stat. de pistoribus cap. 7. 51 H. 3 Lam. 455. is fineable Any except victualerâ— in their houses buying to sell again by retail butter or â—heese unless it be in open Fair or Market loseth double value 3 Ed. 6. cap. 21. 14. El. cap. 11. 27 Eliz. cap. 11. Lam. 456. 1 Jac. cap. 25. Process upon the statute of 23 H. 6. c. â—3 against victuallers is attachment Capias and Exigent Brewer or other selling of ale or beer unto any unlicensed Ale-house-keeper other then for necessary provision for his own house-hould loseth after the rate of 6 s. 8 d. a barrel one moiety to the poor the other to the informer to be heard and determined at the Quarter Sessions 4 Jac. c. 4. Lam. 460. The officer levying the penalty of 4 Jac. cap. 4. and not delivering the moiety to the Churchwarden or Overseers of the poor or not distributing it within convenient time after receipt forfeiteth the double to be recovered as the penalty 4 Jac. c. 4. Victualler is within the statute 1 Jac. c. 9. 4 Jac. c. 5. 1 Car. c. 4. Vide Transportation Ale-houses Tipling Under-Sheriff Custos Rotulorum or two Justices of Peace one to be Quorum may give unto under-sheriffs before they exercise their office the oaths of 1 Eliz. of Supremacy and 27 Eliz. c. 12. touching their office so of their Deputies and Clarks or any other medling with returning of writs or execution of process into any Court of record So Bailiffs any of them executing their offâ—ce before such oaths taken lose 40 pound 27 El. c. 12. Lam. 356 432 433. Undersheriff or his Clark or deputy doing any thing against their oath lose treble damages to the party Lam. 433. Unlawful games Every Justice of Peace may enter into any common place where any playing at dice tables cards bowls coits cails tennis casting the stone footbal or other unlawful game now invented and hereafter to be invented shall be suspected to be used and may arrest the keeper of every such place and may imprison them until they finde sureties by recognizance no longer to use such house game play alley or place 33 H. 8. c. 9. Lam. 191. Dal. 64. Cro. 79. a. 131. a. 196. a. 197. b. Lam. 349 479. Justice of Peace may arrest and imprison such players till they be bound no more to play at such game Lam. 192. Cro. 172. a. b. Lam. 349 479. Dal. 63. Artificer of any occupation or any husbandman apprentice labourer servant at husbandry journeyman servant of artificer mariner fisherman waterman or serving man other then of a Nobleman or of him that may dispend 100 l. by the year playing within the precinct of his masters house shall not play out of Christmas at any unlawful game or in Christmas out of the house or presence of his master 33 H. 8. c. 9. Lam. 479. 20 shill every time Quaere if other games besides those prohibited 33 H. 8. c. 9. be unlawful as the morrice other open dances bear-baitings common-plaies fencings which seem to be prohibited by 39 El. cap. 4. Dal. 63 1 Car. c. 1. All offences against the statute of unlawful games may be heard and determined at the Qu. Sessions Assises or Leet within which they shall happen Lam. 614. Vide plus Sunday Unlawful Assemblies An unlawful assembly is of the company of three or more persons disorderly coming together forcibly to commit an unlawful act as to beat a man or enter upon his possession or the like Lam. 175. Dal. 221. P. R. 25. Cor. 61. a. nu 3. First an unlawful assembly it is onely to meet to such a purpose though they willingly depart without doing any thing Secondly after meeting to move forward toward the executing of such act whether it be done or no is a Rout. Thirdly to execute such a thing is a Riot Dal. ibid. Lam. 175 176. Cro. 61. a. nu 3. In an unlawfull assembly Rout or Riot two things are common and must concur first that three persons at least be gathered together secondly that their being together breed some apparent disturbance of the peace either by speech shew of armour turbulent gesture or actual and express violence to affright peaceable men or imbolden light and busie bodies by their examples Lam. 176 177. There be three degrees of feditious riotous assemblies the first from three to twelve the second of twelve or more the third of forty and upward Lam. 183. 1. El. c. 17. Justice of Peace may at his discretion assemble subâ—ects to take such and may take them and shall be unpunished for hurting maiming or killing them if they make resistance La. 184. Justice of Peace is to take the declaration of any person that being moved to such an assembly will within 24 hours after reveal the same Lam. ibid. Vide Forcible entry Riots Usury Corruptly to contract for more then 8 pound in the hundred for forbearance for one year loseth treble value of the monies wares merchandise and other things so lent bargained sold exchanged or shifted 21 Iac. cap. 17. Scriveners taking above five shllings for procuring 100 pound and for a bond above 12 pence forfeit 20 pound ib. Utlawry Offenders against the Peace for conspiracies and of Routs in presence of the Justice or in affray of the people being indicted thereof if they be not brought in by attachment or distress for insufficiency are to be outlawed 8 Ed. 3. c. 5. Lam. 522. After Utlawry the Justices of P. can award no process but must certifie the Utlawry into the Kings Bench Lam. 521 522. One outlawed of felony before Justices of Peace doth appear and saith he was in the Kings service beyond sea under such a Captain or in prison in such a County the Justices cannot write to the Captain or County Lam. 552. Wages RAtes of wages of servants and labourers are to be made by the Justices of Peace at Faster Qu. Sessions and by them to be ingrossed in parchment under their hands and seals and after it shall be lawful for the Sheriff of the said
in one Parish for a year and before the end of his term is unlawfully put out of possession and after taketh part of an house as an inmate in another Parish from whence he is also put out and then not being able to get any dwelling they come to lie in a Barn in a third Parish where the husband falleth sick and the wife is delivered of another child where ought these to be setled Resol If a man of woman having house or habitation in one Parish be thrust out this is an illegal unsetling which the Law forbiddeth for none must be enforced to turn vagrant and such one must be returned to the place where he or she was last lawfully setled and the child also born in the time of this distraction 25 Q. Whether an apprentice put out by the Churchwardens c. according to the Statute to a Master in another Parish if his Master die and leave no Executor or Administrator fit to keep an apprentice or able to place him He shall be provided for in the Parish where he was apprentice or shall be sent back to the Parish from whence he was put out Resol Servants and apprentices are by law setled in that parish and if they become impotent there the Parish must abide the adventure after their term or time of service be lawfully ended 26. Q. What is accounted a lawful setling in a Parish and what not Resol This is too general a question to receive a perfect answer to every particular case which may happen but generally this is to be observed that the law unsetleth none who are lawfully setled nor permits it to be done by practice or compulsion and every one who is setled is a native houshoulder sojourner an apprentice or servant for a month at the least without a just complaint made to remove him or her shall be held to be setled 27 Q. A rogue is taken at C. and will not confess the place of his birth neither doth it appear otherwise but that he confesseth the last place of his habitation to be at S. hereupon he is whipped and sent to S. at his coming to S. the place of his birth is there known by some to be at W. and thereupon the rogue confesseth it to be so whether he might without any new vagrancy be sent to W Resol In this case it is fit to send such a rogue to the place of his birth for this is but a mistaking and no legal setling 28 Q. If an indictment be preferred to the grand Jury of the quarter-Sessions of the P. against one for murder manslaughter for robbery felony or pety-larceny and ignoramus found the reupon whether the said Sessions may deliver the party by Proclamation or not Resol Not by Proclamation at all but for pety-larcenies and other pety-felonies in discretion the Gaol may be delivered of them 29 Q. If a Constable be chosen and refuseth to take his Oath what shall be done and whether a Constable may make a deputy and by what means Resol The refusal or neglect to take Oath in such a case is a contempt worthy of punishment and thereupon to fine imprison him and the making of a deputy is rather by toleration then by law 30 Q. If a Constable die or remove out of the Parish where c. how is his place to be supplied Resol By the Lord of the Leet if that time fall near otherwise by the Sessions but if thaâ— be too far off then by the next Justices 31 Q. If a poor weak man be chosen Constable or Tithingman and be unfit for thâ— same place how may he be removed and a fiâ— man sworn in his room Resol The Justices of Peace must help this and if the Lord of the Leet have power to choose a Constable or Tithingman and perform so ill it is a Just cause to seize his liberty 32 Q. If a Nurse-child a Scholar at a Grammar-School or in the University prove to bâ— impotent by sickness lameness lunacy or discovery of ideocy c. how such persons shalâ— be disposed Resol A Nurse child or a Scholar at thâ— Grammar-School or at the University oâ— persons sent to Common-gaol Hospital oâ— houses of Correction are not to be esteemed as persons to be setled there no more theâ— Travellers in their Inns but their setling iâ— where their Parents are setled and childreâ— born in Common-gaols and houses of Correction their Parents being Prisoners are to be maintained at the charge of the County 33 Q. What proportion Parsonages oâ— Tithes shall bear to the taxation of the poor oâ— the Parish Resol The Parson or Vicar presentative shall â—ccording to the reasonable value of his Parâ—onage having consideration to the just deâ—uctions 34 Q. Whether for placing the poor of the Parish not to be removed by consent of the Parish these poor men may not be placed as â—nmates for a time Resol They may by express words of the Statute of the 43 of Elizabeth 35 Q If a Parishioner or owner within a Parish do bring into the Parish without the â—onsent of the Parish a stranger of another â—arish which is or apparently is like to be â—urthensome unto the Parish how they may â—ase themselves Resol By taking such a one to the charge of he rates of the poor not only having respect â—o his ability or the land he occupies but acâ—ording to the damage and danger he bringâ—th to the Parish by his folly 36 Q. For warding in the day-time for apâ—rehending of Rogues whether the Constable â—ay not enlarge it to a farther time Resol Warding in the day-time is of great â—se and must be left to the discretion of the Constables or direction of the Justices to vary â—ccording to the occasion 37 Q. Whether Alehouses ought to be alâ—owed only in thorofare Towns and others â—n other places to be restrained only to sell to â—he poor out of doors Resol The Justices shall do very well to alâ—ow none but in places very fit for their scituâ—tion and uses and to moderate the number 38 Q. A man for his quality otherwise fit to be a Constable or of other Office of thaâ— nature procures himself to be the Kings servant extraordinary and by that mean would excuse himself to serve in the Country Resol A servant extraordinary may weâ— perform his ordinary service in the Countrâ— according to his quality The Justices opinion touching the Commissions by which the Justices sit at Newgate THE Justices at Newgate sit by virtue oâ— two Commissions viz. Gaol-delivery anâ— Oyer and Determiner By the Commission of Goal-delivery theâ— may try all prisoners in the Goal or by Bail oâ— such as be indicted will render themselves generally for all Felonies and also for such other offences as are particularly assigned tâ— them by Statute The Statute of 4 Eliz. c. 2. doth give theâ— power to receive Indictments against Prisoners or such as are upon bail and to proceeâ— to try the same viz.